Tribunals Amalgamation Act 2015 (60 of 2015)

Schedule 1   Amendment of the Administrative Appeals Tribunal Act 1975

Administrative Appeals Tribunal Act 1975

87   Section 38

Repeal the section, substitute:

38 Power of Tribunal to obtain additional statements

(1) The Tribunal may order a person who has lodged a statement with the Tribunal in accordance with paragraph 37(1)(a) to lodge an additional statement with the Tribunal, within the time specified in the order, containing further and better particulars in relation to any one or more of the following:

(a) particulars of findings on material questions of fact;

(b) reference to the evidence or other material on which those findings were based;

(c) particulars of the reasons for the decision.

(2) Subsection (1) does not apply to a proceeding in the Security Division to which section 39A applies.

38AA Ongoing requirement for lodging material documents with Tribunal

(1) If:

(a) subsection 37(1) or (1AAB) applies to a person in relation to an application for review of a decision; and

(b) at any time after the end of the applicable period under the subsection and before the Tribunal determines the review:

(i) the person obtains possession of a document; and

(ii) the document is relevant to the review; and

(iii) a copy of the document has not been lodged with the Tribunal in accordance with the subsection;

the person must, subject to any directions given under section 18B, lodge a copy of the document with the Tribunal as soon as practicable after obtaining possession.

(2) Subsections 37(1AA), (1AE), (1AF) and (1AG) apply in relation to the requirement in subsection (1) of this section as if:

(a) that requirement were the requirement referred to in those subsections; and

(b) the references in subsections 37(1AE) and (1AF) to lodging or giving within a period were references to lodging or giving as soon as practicable.

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