Acts Amendment (Federal Courts and Tribunals) Act 2001 (WA)
Western Australia
Acts Amendment (Federal Courts and
Tribunals) Act 2001
Western Australia
Acts Amendment (Federal Courts and
Tribunals) Act 2001
CONTENTS
Part 1 — Preliminary
| 1. | Short title | 2 |
| 2. | Commencement | 2 |
| Part 2 — Competition Policy Reform |
(Western Australia) Act 1996
amended
| 3. | The Act amended | 3 |
| 4. | Part 5 Division 3 repealed | 3 |
| 5. | Section 29 amended | 3 |
| Part 3 — Corporations (Western |
Australia) Act 1990 amended
| 6. | The Act amended | 4 |
| 7. | Section 3 amended | 4 |
| 8. | Section 40 amended | 4 |
| 9. | Section 41 amended | 5 |
| 10. | Section 42 amended | 5 |
| 11. | Section 42A amended | 6 |
| 12. | Section 42B amended | 6 |
| Part 4 — Federal Courts (State |
Jurisdiction) Act 1999 amended
| 13. | The Act amended | 7 |
Acts Amendment (Federal Courts and Tribunals) Act 2001
Contents
| 14. | Section 2 amended | 7 |
| 15. | Part 2A inserted | 7 |
| Part 2A — Jurisdiction of courts |
| 12A. | Jurisdiction not conferred on federal courts | 7 |
| 12B. | Jurisdiction of State courts | 8 |
| 16. | Part 4 Division 2 repealed | 9 |
| Part 5 — Gas Pipelines Access |
(Western Australia) Act 1998
amended
| 17. | The Act amended | 10 |
| 18. | Part 4 Divisions 2 and 3 repealed | 10 |
| 19. | Section 24 amended | 10 |
| 20. | Schedule 1 section 2 amended | 10 |
| 21. | Schedule 1 section 32 amended | 11 |
| Part 6 — Jurisdiction of Courts |
(Cross-vesting)
Act 1987 amended
| 22. | The Act amended | 12 |
| 23. | Section 4 amended | 12 |
| 24. | Section 5 amended | 12 |
| 25. | Section 6 amended | 15 |
| 26. | Section 6A inserted | 15 |
| 6A. | Special federal matters: Commonwealth | |
| authorities or officers acting under the | ||
|
| 27. | Section 10 amended | 18 |
| 28. | Section 11 amended | 18 |
| 29. | Section 14 amended | 18 |
| Part 7 — National Crime Authority |
(State Provisions) Act 1985
amended
| 30. | The Act amended | 19 |
| 31. | Section 12 amended | 19 |
| 32. | Section 15 repealed | 19 |
| 33. | Section 20 amended | 19 |
| 34. | Section 21 amended | 19 |
Acts Amendment (Federal Courts and Tribunals) Act 2001
Contents
| 35. | Section 22 repealed | 21 |
| Part 8 — New Tax System Price Exploitation Code (Western Australia) Act 1999 amended | ||
| 36. | New Tax System Price Exploitation Code (Western | |
| Australia) Act 1999 amended | 22 | |
| Part 9 — Amendments relating to the Administrative Review Tribunal | ||
| 37. | Agricultural and Veterinary Chemicals (Western | |
| Australia) Act 1995 amended | 23 | |
| 38. | Biological Control Act 1986 amended | 24 |
| 39. | Competition Policy Reform (Western Australia) | |
| Act 1996 amended | 24 | |
| 40. | New Tax System Price Exploitation Code (Western | |
| Australia) Act 1999 amended | 25 |
Western Australia
Acts Amendment (Federal Courts and
Tribunals) Act 2001
No. 32 of 2001
An Act to make amendments to a number of Acts relating to the
jurisdiction of federal courts and the establishment of the
Administrative Review Tribunal of the Commonwealth.
[Assented to 21 December 2001]
The Parliament of Western Australia enacts as follows:
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Part 1 | Preliminary |
| s. 1 |
Part 1 — Preliminary
1. Short title
| This Act may be cited as the Acts Amendment (Federal Courts and Tribunals) Act 2001. |
2. Commencement
| (1) | This Act, other than Parts 3 and 9, comes into operation on the day on which it receives the Royal Assent. |
| (2) | Sections 6 to 12 of Part 3 are deemed to have come into operation on 1 July 2000. |
| (3) | Part 9 comes into operation, or is deemed to have come into operation, at the same time that Parts 4 to 10 of the Administrative Review Tribunal Act 2001 of the Commonwealth come into operation. |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Competition Policy Reform (Western Australia) Act 1996 | Part 2 |
amended
s. 3
Part 2 — Competition Policy Reform (Western
Australia) Act 1996 amended
3. The Act amended
| The amendments in this Part are to the Competition Policy Reform (Western Australia) Act 1996*. |
| [* Act No. 52 of 1996. |
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 73.]
4. Part 5 Division 3 repealed
Part 5 Division 3 is repealed.
5. Section 29 amended
| Section 29 is amended in the definition of “Commonwealth administrative laws” by deleting subparagraph (a)(ii). |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Part 3 | Corporations (Western Australia) Act 1990 amended |
| s. | 6 |
Part 3 — Corporations (Western Australia) Act 1990
amended
6. The Act amended
| The amendments in this Part are to the Corporations (Western Australia) Act 1990*. |
| [* Act No. 105 of 1990. |
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 93, and Acts No. 26 of 1999
and No. 43 of 2000.]
7. Section 3 amended
| (1) | Section 3(1) is amended in the definition of “Commonwealth administrative laws” by deleting paragraph (b). |
| (2) | Section 3(1) is amended by deleting the definition of “Family Court”. |
8. Section 40 amended
Section 40(1) is amended as follows:
| (a) | in paragraph (b), by deleting “Territory —” and inserting instead — |
“ Territory; and ”;
| (b) | by inserting after paragraph (b) — |
“
| (c) | the jurisdiction of courts in respect of matters arising under the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth involving or related to decisions made under the Corporations Law of a State or the Capital Territory by Commonwealth authorities and officers of the Commonwealth; and |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Corporations (Western Australia) Act 1990 amended | Part 3 |
s. 9
| (d) | the jurisdiction of courts in civil matters in respect of decisions made by officers of the Commonwealth to prosecute persons for |
offences against the Corporations Law of a criminal justice process decisions,
”.
9. Section 41 amended
| (1) | Section 41(1) is amended as follows: |
| (a) | by inserting in the appropriate alphabetical positions — |
“
“Commonwealth authority” means an authority or
body (whether incorporated or not) that is
established or continued in existence by or under
an Act of the Commonwealth;
“officer of the Commonwealth” has the same
meaning as in section 75(v) of the Constitution of
the Commonwealth;
”;
| (b) | by deleting the definition of “superior court” and inserting instead — |
“
“superior court” means the Supreme Court of a State
or Territory or a State Family Court;
”.
| (2) | Section 41(2)(a) is amended by deleting subparagraph (viii) and “and” after it. |
10. Section 42 amended
| (1) | Section 42(1) is amended by deleting “as it applies as a law of Western Australia,”. |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Part 3 | Corporations (Western Australia) Act 1990 amended |
| s. 11 |
| (2) | After section 42(1) the following subsections are inserted — |
“
| (1a) | With respect to matters involving or related to decisions made, or proposed to be made, under the Corporations Law of a State or the Capital Territory by a Commonwealth authority or an officer of the Commonwealth, jurisdiction is conferred on the Supreme Court of Western Australia and of each other State and the Capital Territory in accordance with the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth as if that Act conferred jurisdiction in matters arising under it on those Supreme Courts. |
| (1b) | Subsection (1a) applies to a decision made, or proposed or required to be made — |
| (a) | whether or not in the exercise of a discretion; and |
| (b) | whether before or after the commencement of section 10(2) of the Acts Amendment (Federal Courts and Tribunals) Act 2001. |
”.
| (3) | Section 42(2) is amended by inserting after “subsection (1)” — |
| “ or (1a) ”. | |
| (4) | Section 42(3) is repealed. |
11. Section 42A amended
| (1) | Section 42A(1) is repealed. |
| (2) | Section 42A(2) is amended by deleting “as it applies as a law of Western Australia,”. |
12. Section 42B amended
| Section 42B(1) is amended by deleting “as it applies as a law of Western Australia,”. |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Federal Courts (State Jurisdiction) Act 1999 amended | Part 4 |
| s. 13 |
Part 4 — Federal Courts (State Jurisdiction) Act 1999
amended
13. The Act amended
| The amendments in this Part are to the Federal Courts (State Jurisdiction) Act 1999*. |
[* Act No. 32 of 1999.]
14. Section 2 amended
| (1) | Section 2(1) is amended by deleting “Subject to subsection (2), this” and inserting instead — |
| “ This ”. | |
| (2) | Section 2(2) and section 2(3) are repealed. |
15. Part 2A inserted
After Part 2 the following Part is inserted —
| “ |
Part 2A — Jurisdiction of courts
| 12A. | Jurisdiction not conferred on federal courts |
| (1) | Despite anything in any written law, a law of this State is not to be regarded as conferring jurisdiction on a federal court, either directly or indirectly. |
| (2) | Without limiting the generality of subsection (1), a written law of this State that applies a law of the Commonwealth, does so except to the extent that the applied law confers jurisdiction on a federal court. |
| (3) | Nothing in subsections (1) and (2) is intended to affect the exercise by a federal court of jurisdiction (such as accrued jurisdiction) that it has in connection with the law of this State or the applied law. |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Part 4 | Federal Courts (State Jurisdiction) Act 1999 amended |
| s. 15 |
| (4) | A reference in a provision of the applied law (as that provision applies as a law of this State) to a provision of that law that is not applied as a law of this State (the |
| “unapplied provision”), is taken to be a reference to the unapplied provision as it has effect as a law of the Commonwealth. |
(5) In this section —
“federal court” means the Federal Court of Australia,
the Family Court of Australia or the Federal
Magistrates Court.
| 12B. | Jurisdiction of State courts |
| (1) | An applied law that would exclude the jurisdiction of any or all State courts is to be regarded as being modified so as not to have that effect. |
| (2) | Despite anything in any Act, the regulations may make provision for or with respect to enabling jurisdiction that would be conferred under an applied law (but for that provision not being applied to some extent) to be exercised by courts of this jurisdiction and, for that purpose, may — |
| (a) | provide that an applied law does not have effect, or has effect with the modifications specified in the regulations; |
| (b) | confer jurisdiction on courts of this jurisdiction; and |
| (c) | provide for associated, procedural and consequential matters. |
| (3) | To the extent that, because of this Part, the laws of the Commonwealth do not apply to an offence against an applied law, the offence is to be regarded as a crime |
| under the laws of this jurisdiction, but it may be dealt |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Federal Courts (State Jurisdiction) Act 1999 amended | Part 4 |
| s. 16 |
with summarily if the prosecutor and the defendant
both agree.
”.
16. Part 4 Division 2 repealed
Part 4 Division 2 is repealed.
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Part 5 | Gas Pipelines Access (Western Australia) Act 1998 amended |
| s. 17 |
Part 5 — Gas Pipelines Access (Western Australia)
Act 1998 amended
17. The Act amended
| The amendments in this Part are to the Gas Pipelines Access (Western Australia) Act 1998*. |
[* Reprinted as at 11 August 2000.]
18. Part 4 Divisions 2 and 3 repealed
Part 4 Divisions 2 and 3 are repealed.
19. Section 24 amended
| (1) | Section 24(c) and section 24(f) are amended by deleting “by the Federal Court, or by the Supreme Court,” and inserting instead — |
| “ by the Supreme Court ”. | |
| (2) | After section 24(1) the following subsection is inserted — |
“
| (1a) | Despite subsection (1), the Supreme Court does not have jurisdiction to make a declaration or order about the validity, or affecting the operation, of a decision of a relevant Minister, relevant Regulator or arbitrator in relation to a cross-boundary distribution pipeline unless this State has been determined to be the scheme participant most closely connected to the pipeline. |
”.
20. Schedule 1 section 2 amended
| Schedule 1 section 2 is amended by deleting the definition of “Federal Court”. |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Gas Pipelines Access (Western Australia) Act 1998 amended | Part 5 |
| s. 21 |
21. Schedule 1 section 32 amended
Schedule 1 section 32(4) is amended as follows:
| (a) | in paragraph (b) by deleting “as applying as a law of this scheme participant.” and inserting instead — |
“ of the Commonwealth; or ”;
| (b) | by inserting after paragraph (b) — |
“
| (c) | to bring proceedings for judicial review of a decision under this Law of the local appeals body, local Minister, local Regulator or an arbitrator appointed under Part 4. |
”.
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Part 6 | Jurisdiction of Courts (Cross-vesting) Act 1987 amended |
| s. 22 |
Part 6 — Jurisdiction of Courts (Cross-vesting)
Act 1987 amended
22. The Act amended
| The amendments in this Part are to the Jurisdiction of Courts (Cross-vesting) Act 1987*. |
[* Act No. 68 of 1997.]
23. Section 4 amended
| (1) | Section 4(1) and section 4(2) are repealed. |
| (2) | Section 4(5) is repealed and the following subsection is inserted instead — |
“
| (5) | Subsection (3) or (4) does not — |
| (a) | invest a Supreme Court with; or |
| (b) | confer on any such court, |
jurisdiction with respect to criminal matters.
”.
24. Section 5 amended
| (1) | Section 5(1)(b) is deleted and the following paragraph is inserted instead — |
“
| (b) | it appears to the Supreme Court that, having regard to — |
(i) whether, in the opinion of the Supreme Court, apart from any law of the Commonwealth or another State relating to cross-vesting of jurisdiction and apart from any accrued jurisdiction of the Federal Court or the Family Court, the
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Jurisdiction of Courts (Cross-vesting) Act 1987 amended | Part 6 |
| s. 24 |
relevant proceeding or a substantial part
of the relevant proceeding would have
been incapable of being instituted in the
Supreme Court and capable of being
instituted in the Federal Court or the
Family Court;
(ii) the extent to which, in the opinion of the Supreme Court, the matters for determination in the relevant proceeding are matters arising under or involving questions as to the application, interpretation or validity of a law of the Commonwealth and not within the jurisdiction of the Supreme Court apart from this Act and any law of the Commonwealth or another State relating to cross-vesting of jurisdiction; and
(iii) the interests of justice,
it is more appropriate that the relevant
proceeding be determined by the Federal Court
or the Family Court, as the case may be,
”.
| (2) | Section 5(5)(b) is amended by deleting subparagraph (ii) and “or” after it and inserting instead — |
“
(ii) having regard to —
| (A) | whether, in the opinion of the first court, the relevant proceeding or a substantial part of it would have been incapable of being instituted in that court, apart from any law of the Commonwealth or another |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Part 6 | Jurisdiction of Courts (Cross-vesting) Act 1987 amended |
| s. 24 |
State relating to cross-vesting
of jurisdiction;
| (B) | whether, in the opinion of the first court, the relevant proceeding or a substantial part of it would have been capable of being instituted in the Supreme Court, apart from any law of the Commonwealth or another State relating to cross-vesting of jurisdiction; |
| (C) | the extent to which, in the opinion of the first court, the matters for determination in the relevant proceeding are matters arising under or involving questions as to the application, interpretation or validity of a law of the State and not within the jurisdiction of the first court apart from any law of the Commonwealth or another State relating to cross-vesting of jurisdiction; and |
| (D) | the interests of justice, |
it is more appropriate that the relevant
proceeding be determined by the
Supreme Court; or
”.
| (3) | Section 5(6) is repealed. |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Jurisdiction of Courts (Cross-vesting) Act 1987 amended | Part 6 |
| s. 25 |
| (4) | After section 5(9) the following subsection is inserted — |
“
| (10) | Nothing in this section confers on a court jurisdiction that the court would not otherwise have. |
”.
25. Section 6 amended
| (1) | After section 6(1) the following subsection is inserted — |
“
| (1a) | However, the court is only required to transfer so much of the proceeding as is, in the opinion of the court, within the jurisdiction (including the accrued jurisdiction) of the Federal Court, or the court mentioned in subsection (2)(b), as the case may be. |
”.
| (2) | Section 6(2) is amended by inserting before “is to be transferred” — |
| “ or part of a proceeding ”. |
26. Section 6A inserted
After section 6 the following section is inserted —
| “ |
| 6A. | Special federal matters: Commonwealth authorities or officers acting under the laws of States |
| (1) | This section applies to a proceeding (in this section referred to as the “federal matter proceeding”) if — |
| (a) | a matter for determination in the proceeding is covered by paragraph (c) or (e) of the definition of “special federal matter” in section 3(1) of the Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth; |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Part 6 | Jurisdiction of Courts (Cross-vesting) Act 1987 amended | |
| s. 26 | ||
|
conferred on a Commonwealth authority, or
officer of the Commonwealth, by an enactment
(in this subsection referred to as “the State
enactment”) referred to in paragraph (ca) or
(cb) of the definition of “enactment” in
section 3(1) of the Administrative Decisions
(Judicial Review) Act 1977 of the
Commonwealth; and
| (c) | the matter for determination in the proceeding arises out of, or relates to, another proceeding (in this section referred to as the “State matter |
| proceeding”) pending in any court of this State — |
(i) that arises, or a substantial part of which arises, under the State enactment or a corresponding enactment of another State; and
(ii) none of the matters for determination which are covered by paragraph (c) or (e) of the definition of “special federal matter” in section 3(1) of the
| Jurisdiction of Courts (Cross-vesting) Act 1987 of the Commonwealth, |
regardless of which proceeding was
commenced first.
(2) If —
| (a) | the federal matter proceeding is pending in the Federal Court or the Family Court; and |
| (b) | having regard to the interests of justice, including the desirability of related proceedings being heard in the same jurisdiction, the |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Jurisdiction of Courts (Cross-vesting) Act 1987 amended | Part 6 |
| s. 26 |
Federal Court or the Family Court considers it
appropriate to transfer the proceeding to the
Supreme Court,
the Federal Court or the Family Court may transfer the proceeding to the Supreme Court, and section 5(5) does not apply to the federal matter proceeding.
(3) If —
| (a) | the federal matter proceeding is pending in the Supreme Court; and |
| (b) | the State matter proceeding is pending in any court of this State, |
neither section 5(1) nor section 6 applies to require the
Supreme Court to transfer the federal matter
proceeding to the Federal Court or the Family Court,
but the Supreme Court may do so if it considers that to
be appropriate, having regard to the interests of justice,
including the desirability of related proceedings being
heard in the same jurisdiction.
| (4) | Nothing in this section confers on a court jurisdiction that the court would not otherwise have. |
| (5) | The fact that references in this section to the interests of justice include the desirability of related proceedings being heard in the same jurisdiction does not of itself mean that references to the interests of justice elsewhere in this Act do not include that matter. |
(6) In this section —
“Commonwealth authority” means an authority or other body (whether incorporated or not) that is established or continued in existence by or under
an Act of the Commonwealth;
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Part 6 | Jurisdiction of Courts (Cross-vesting) Act 1987 amended |
| s. 27 | |
| “officer of the Commonwealth” has the same |
meaning as in section 75(v) of the Constitution of
the Commonwealth.
”.
27. Section 10 amended
| Section 10(a) is amended by deleting “the Federal Court, the Family Court,”. |
28. Section 11 amended
Section 11(2) is repealed.
29. Section 14 amended
Section 14(1) is repealed.
Acts Amendment (Federal Courts and Tribunals) Act 2001
| National Crime Authority (State Provisions) Act 1985 amended | Part 7 |
| s. 30 |
Part 7 — National Crime Authority (State Provisions)
Act 1985 amended
30. The Act amended
| The amendments in this Part are to the National Crime Authority (State Provisions) Act 1985*. |
[* Act No. 4 of 1985.]
31. Section 12 amended
| Section 12(11) is repealed and the following subsection is inserted instead — |
“
| (11) | A reference in this section to a Judge of a prescribed court shall be construed as a reference to a Judge of a court of the State. |
”.
32. Section 15 repealed
Section 15 is repealed.
33. Section 20 amended
| (1) | Section 20(1) is amended as follows: |
| (a) | by deleting “of the Federal Court or”; |
| (b) | in paragraph (a) by deleting “section 15” and inserting instead — |
“ section 24 of the Commonwealth Act ”.
| (2) | Section 20(3) and section 20(4) are amended by deleting “of the Federal Court or”. |
34. Section 21 amended
| (1) | Section 21(2) to section 21(5) are repealed. |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Part 7 | National Crime Authority (State Provisions) Act 1985 amended |
| s. 34 |
| (2) | Section 21(6)(b) is amended by deleting “subsection (2)” and inserting instead — |
“
section 32(2) of the Commonwealth Act (as it has effect because of section 32B of that Act)
”.
| (3) | Section 21(7) to section 21(11) are repealed. |
| (4) | Section 21(12) is amended as follows: |
| (a) |
in paragraph (a) by deleting “subsection (9)” and “
section 32(8A) of the Commonwealth Act (as it
has effect because of section 32B of that Act)
”;
| (b) |
in paragraph (b) by deleting “subsection (8)” and “
section 32(8) of the Commonwealth Act (as it has effect because of section 32B of that Act)
”.
| (5) | Section 21(13) and section 21(14) are repealed. |
| (6) | Section 21(15) is amended by deleting the definition of “relevant day” and inserting instead — “ |
“relevant day”, in relation to a decision of the
Authority under subsection (1), means the day on which the Authority gives to the person to whom the decision relates a prescribed notice relating to the decision.
”.
Acts Amendment (Federal Courts and Tribunals) Act 2001
| National Crime Authority (State Provisions) Act 1985 amended | Part 7 |
| s. 35 |
| (7) | Section 21(16) and section 21(17) are repealed. |
| [Note: The heading to section 21 will be altered to read “Refusing to produce documents or answer questions”.] |
35. Section 22 repealed
Section 22 is repealed.
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Part 8 | New Tax System Price Exploitation Code (Western Australia) |
| s. 36 |
Part 8 — New Tax System Price Exploitation Code
(Western Australia) Act 1999 amended
36. New Tax System Price Exploitation Code (Western Australia) Act 1999 amended
| Section 26 of the New Tax System Price Exploitation Code (Western Australia) Act 1999* is amended in the definition of “Commonwealth administrative laws” by deleting paragraph (a)(ii). |
| [* Act No. 51 of 1999.] |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Amendments relating to the Administrative Review Tribunal | Part 9 |
| s. 37 |
Part 9 — Amendments relating to the Administrative
Review Tribunal
37. Agricultural and Veterinary Chemicals (Western Australia) Act 1995 amended
| (1) | Section 3 of the Agricultural and Veterinary Chemicals (Western Australia) Act 1995* is amended in the definition of “Commonwealth administrative laws” by deleting subparagraph (a)(i) and inserting instead — |
“
(i) the Administrative Review Tribunal Act 2001 of the Commonwealth and Parts 1, 3 and 5 to 8 of Schedule 2 of the
Administrative Review Tribunal (Consequential and Transitional Provisions) Act 2001 of the
Commonwealth (to the extent to which those Parts are relevant);
”.
[* Act No. 3 of 1995.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 9.]
| (2) | Section 16(2) is amended by deleting “the obligations of the NRA under section 28 of the Administrative Appeals Tribunal Act 1975” and inserting instead — “ |
the obligation of the NRA to provide statements of reasons under the Administrative Review Tribunal Act 2001
”.
| (3) | Section 18A is repealed. |
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Part 9 | Amendments relating to the Administrative Review Tribunal |
| s. 38 |
38. Biological Control Act 1986 amended
| Section 54(2) of the Biological Control Act 1986* is amended by deleting “Administrative Appeals Tribunal Act 1975” and inserting instead — |
| “ Administrative Review Tribunal Act 2001 ”. |
| [* Act No. 106 of 1986. |
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 39.]
39. Competition Policy Reform (Western Australia) Act 1996 amended
| Section 29 of the Competition Policy Reform (Western Australia) Act 1996* is amended in the definition of “Commonwealth administrative laws” by deleting subparagraph (a)(i) and inserting instead — |
“
(i) the Administrative Review Tribunal Act 2001 of the Commonwealth and Parts 1, 3 and 5 to 8 of Schedule 2 of the
Administrative Review Tribunal (Consequential and Transitional Provisions) Act 2001 of the
Commonwealth (to the extent to which those Parts are relevant);
”.
[* Act No. 52 of 1996.
For subsequent amendments see 2000 Index to Legislation of
Western Australia, Table 1, p. 73.]
Acts Amendment (Federal Courts and Tribunals) Act 2001
| Amendments relating to the Administrative Review Tribunal | Part 9 |
| s. 40 |
40. New Tax System Price Exploitation Code (Western Australia) Act 1999 amended
| Section 26 of the New Tax System Price Exploitation Code (Western Australia) Act 1999* is amended in the definition of “Commonwealth administrative laws” by deleting subparagraph (a)(i) and inserting instead — |
“
(i) the Administrative Review Tribunal Act 2001 of the Commonwealth and Parts 1, 3 and 5 to 8 of Schedule 2 of the
Administrative Review Tribunal (Consequential and Transitional Provisions) Act 2001 of the
Commonwealth (to the extent to which those Parts are relevant);
”.
[* Act No. 51 of 1999.]
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