Administrative Appeals (Consequential Amendments) Act 1994 (ACT)
AUSTRALIAN CAPITAL TERRITORY
Administrative Appeals (Consequential
Amendments) Act 1994
No. 60 of 1994
An Act to amend certain laws in consequence of the enactment of the Administrative Appeals Tribunal (Amendment) Act (No. 2) 1994 and the Interpretation (Amendment) Act 1994
[Notified in ACT Gazette S197: 11 October 1994]
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Short title
1. This Act may be cited as the Administrative Appeals (Consequential Amendments) Act 1994.
Commencement
2. (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2) The remaining provisions commence on the day on which sections 9 and 28 of the Administrative Appeals Tribunal (Amendment) Act (No. 2) 1994 commence.
Amendments of Acts
3. The Acts specified in Schedule 1 are amended as set out in that Schedule.
Amendments of Regulations
4. The Regulations specified in Schedule 2 are amended as set out in that Schedule.
SCHEDULE 1 Section 3
AMENDMENTS OF ACTS
Adoption Act 1993
Subsections 109 (1) and (2)—
Omit “, within 30 days after the date of the decision,”.
Subsections 109 (3) and (4)—
Omit the subsections, substitute the following subsection:
“(3) A notice under subsection (1) or (2) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Agents Act 1968
Section 97A—
Repeal the section.
Subsection 98 (1)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 98 (1) (h)—
Omit “or” (last occurring).
Paragraph 98 (1) (j)—
Add at the end “or”.
Subsection 98 (1)—
Add at the end the following paragraph:
“(k)refusing to consent under subsection 99 (1) to an agent employing a particular person.”.
Subsection 98 (2)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 98A (1)—
Omit “, within 28 days of the date of the decision,”.
Subsections 98A (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Air Pollution Act 1984
Subsection 4 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 32 (2)—
Omit the subsection.
Subsections 44 (1) and (2)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 44 (2) (a)—
Omit “making”, substitute “under subsection 30 (1) to impose”.
Paragraph 44 (2) (b)—
Omit “determining”, substitute “under subsection 30 (1) to determine”.
Paragraphs 44 (2) (c) and (d)—
Omit the paragraphs, substitute the following paragraphs:
“(c)under paragraph 32 (1) (a) to vary, or to refuse to vary, the period within which a pollution abatement notice is to be complied with;
(d)under paragraph 32 (1) (b) to vary, or to refuse to vary, a requirement specified in the notice; or
(e)under paragraph 32 (1) (c) to revoke a requirement specified in a pollution abatement notice.”.
Subsection 45 (1)—
(a)Omit “(1)”.
(b)Omit all the words after “32 (4),”, substitute “shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 45 (2)—
Omit the subsection.
Animal Diseases Act 1993
Section 4 (definition of “Tribunal”)—
Omit the definition.
Subsections 61 (1) and (2)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 62 (1)—
Omit “, within 28 days after the date of the decision,”.
Subsections 62 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Animal Welfare Act 1992
Section 4 (definition of “Tribunal”)—
Omit the definition.
Subsections 107 (3) and (4)—
Omit the subsections, substitute the following subsection:
“(3) A notice under subsection (1) or (2) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 108—
Insert “Administrative Appeals” before “Tribunal”.
Associations Incorporation Act 1991
Paragraph 118 (1) (a)—
Omit “refusing”, substitute “under subsection 13 (1) to refuse”.
Paragraph 118 (1) (b)—
Omit “refusing”, substitute “under section 19 to refuse”.
Paragraph 118 (1) (c)—
Omit “refusing”, substitute “under section 27 to refuse”.
Subsection 118 (1)—
Omit “, within 28 days of the date of the decision,”.
Subsection 118 (2)—
Omit all the words after “and 120 (2)”, substitute “shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 118 (3)—
Omit the subsection.
Section 119—
Omit “Australian Capital Territory”.
Audit Act 1989
Subparagraph 63 (4) (a) (ii)—
Omit “Australian Capital Territory”.
Subsections 116 (4) and (5)—
Omit the subsections, substitute the following subsection:
“(4) A notice given under subsection (3) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 117 (1)—
Omit “Australian Capital Territory”.
Paragraphs 117 (2) (a) and (b)—
Omit “Australian Capital Territory”.
Paragraphs 118 (1) (a), (2) (a) and (3) (a)—
Omit “Australian Capital Territory”.
Subsection 118 (4)—
Omit “Australian Capital Territory”.
Section 119—
Omit “Australian Capital Territory”.
Bookmakers Act 1985
Section 3 (definition of “Tribunal”)—
Omit the definition.
Subsection 30 (2)—
Omit the subsection.
Subsections 50 (1) and (2)—
Insert “Administrative Appeals” before “Tribunal”.
Section 51—
Repeal the section, substitute the following section:
Notification of decisions
“51. A notice given to a person under any of the following provisions shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989:
(a)subsection 25 (5);
(b)paragraph 30 (3) (b);
(c)subsection 33 (2);
(d)subsection 39F (3);
(e)subsection 39G (3);
(f)paragraph 39P (3) (a);
(g)paragraph 39Q (3) (a);
(h)section 39U;
(i)paragraph 39Z (3) (a);
(j)paragraph 39ZA (3) (a).”.
Boxing Control Act 1993
Section 3 (definition of “Tribunal”)—
Omit the definition.
Subsections 18 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 19—
Insert “Administrative Appeals” before “Tribunal”.
Building Act 1972
Subsection 5 (1) (definition of “Tribunal”)—
Omit the definition.
Section 28—
Insert “Administrative Appeals” before “Tribunal”.
Subsections 60 (1) and (2)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 60 (3)—
Omit all the words from and including “shall” to and including “date of the decision”, substitute “shall”.
Subsections 60 (4) and (5)—
Omit the subsections, substitute the following subsection:
“(4) A notice under subsection (3) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Bushfire Act 1936
Section 3 (definition of “Tribunal”)—
Omit the definition.
Subsections 5AC (3) and (4)—
Omit the subsections, substitute the following subsection:
“(3) Directions given under subsection (1) shall—
(a)include a statement of the period for compliance, and the amount of the penalty for non-compliance; and
(b)be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 5AD—
Insert “Administrative Appeals” before “Tribunal”.
Business Franchise (Tobacco and Petroleum
Products) Act 1984
Subsections 37 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 38—
Omit “Australian Capital Territory”.
Business Franchise (“X” Videos) Act 1990
Paragraph 22 (1) (a)—
Omit “refusing”, substitute “under subsection 5 (2) to refuse”.
Paragraph 22 (1) (b)—
Omit “granting”, substitute “under subsection 5 (2) to grant”.
Paragraph 22 (1) (c)—
Omit “varying”, substitute “under subsection 7 (1) to vary”.
Paragraph 22 (1) (d)—
Omit “refusing”, substitute “under subsection 9 (3) to refuse”.
Paragraph 22 (1) (e)—
Omit “cancelling”, substitute “under subsection 10 (1) to cancel”.
Subsection 22 (1)—
Omit “, within 28 days of the date of the decision,”.
Subsections 22 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 23—
Omit “Australian Capital Territory”.
Canberra Institute of Technology Act 1987
Subsections 63 (1) and (1A)—
(a)Omit “, within 28 days of the date of the decision,”.
(b)Omit all the words after “cause notice”, substitute “of the decision to be given to a person whose interests are affected by the decision”.
Subsections 63 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) or (1A) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Casino Control Act 1988
Section 126—
Omit “Australian Capital Territory”.
Subsections 127 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice given under subsection (1) in respect of a reviewable decision shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Children’s Services Act 1986
Subsections 148 (1) and (2)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 148 (3)—
Omit the subsection.
Subsection 155 (1)—
(a)Omit “, within 28 days of the date of the decision,”.
(b)Omit all the words after “cause notice”, substitute “of the decision to be given to a person whose interests are affected by the decision”.
Subsections 155 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Chiropractors and Osteopaths Act 1983
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Section 46—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 46 (h)—
Omit “section 34, subsection 35 (1), section 36 or subsection 38 (4)”, substitute “paragraph 34 (a), 35 (1) (a), 36 (a) or 38 (4) (a)”.
Paragraph 46 (j)—
Omit “section 34, subsection 35 (1), section 36 or subsection 38 (4)”, substitute “paragraph 34 (b), 35 (1) (b), 36 (b) or 38 (4) (b)”.
Subsection 47 (1)—
Omit “, within 28 days after the date of the decision,”.
Subsections 47 (2), (3) and (4)—
Omit the subsections, substitute the following subsections:
“(2) A notice under subsection 10 (4) or subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
“(3) An order under subsection 32 (2), paragraph 34 (b) or 35 (1) (b), subsection 35 (2), paragraph 36 (b), subsection 38 (1) or paragraph 38 (4) (b) shall have endorsed on it or attached to it a notice in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 52 (1)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraphs 52 (2) (a) and (b)—
Insert “Administrative Appeals” before “Tribunal”.
Clinical Waste Act 1990
Subsection 3 (1) (definition of “Appeals Tribunal”)—
Omit the definition.
Subsection 20 (3)—
Omit “, within 28 days after the decision,”.
Subsection 25 (3)—
Omit the subsection.
Subsection 27 (1)—
Insert “Administrative” before “Appeals”.
Paragraph 27 (1) (a)—
Omit “granting”, substitute “under paragraph 20 (1) (a) to grant”.
Paragraph 27 (1) (b)—
Omit “refusing”, substitute “under paragraph 20 (1) (b) to refuse”.
Paragraphs 27 (1) (c) and (d)—
Omit the paragraphs, substitute the following paragraphs:
“(c)under subsection 22 (1) to vary a licence;
(d)under subsection 23 (1) or 25 (1) to suspend a licence; or
(e)under subsection 23 (1) to cancel a licence.”.
Subsections 27 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection 20 (3) or section 22, 23 or 25 shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Consumer Affairs Act 1973
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Paragraphs 15FJ (1) (a) and (b)—
Omit the paragraphs, substitute the following paragraphs:
“(a)under subsection 15FB (3) to make an interim safety order;
(b)under subsection 15FB (5) to extend the period of effect of an interim safety order;
(c)under subsection 15FB (7) to revoke an interim safety order;
(d)under subsection 15FC (1) to make a consumer product safety order; or
(e)under subsection 15FC (3) or 15FD (5) to amend, or to revoke, a consumer product safety order;”.
Subsections 15FJ (2) and (3)—
Omit the subsections, substitute the following subsections:
“(2) Where the Minister makes a decision—
(a)to refuse to make an interim safety order under subsection 15FB (3); or
(b)to refuse to make a consumer product safety order under subsection 15FC (1);
the Minister shall cause a notice containing particulars of the decision to be published in the Gazette and in a newspaper circulating in the Territory.
“(3) Where the Director makes a decision—
(a)to make a consumer product safety order under subsection 15FD (1); or
(b)to amend or revoke a consumer product safety order under subsection 15FD (5);
the Director shall cause a notice containing particulars of the decision to be published in a newspaper circulating in the Territory.”.
Subsection 15FJ (4)—
Omit “refusing to make a consumer product safety order”, substitute “to refuse to make a consumer product safety order under subsection 15FD (1)”.
Subsections 15FJ (5) and (6)—
Omit the subsections, substitute the following subsection:
“(5) A notice under this section shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 15FK (1)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 15FK (1) (a)—
Omit “making, or refusing to make”, substitute “under subsection 15FB (3) to make, or to refuse to make”.
Paragraph 15FK (1) (b)—
Omit “extending the period of effect to”, substitute “under subsection 15FB (5) to extend the period of effect of”.
Paragraph 15FK (1) (c)—
Omit “revoking”, substitute “under subsection 15FB (7) to revoke”.
Paragraph 15FK (1) (d)—
Omit “making, or refusing to make”, substitute “under subsection 15FC (1) to make, or to refuse to make”.
Paragraph 15FK (1) (e)—
Omit “amending or revoking”, substitute “under subsection 15FC (3) to amend or revoke”.
Subsection 15FK (2)—
Omit the subsection, substitute the following subsection:
“(2) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Director—
(a)under subsection 15FD (1) to make, or to refuse to make, a consumer product safety order; or
(b)under subsection 15FD (5) to amend or to revoke, or to refuse to amend or revoke, a consumer product safety order.”.
Co-operative Societies Act 1939
Section 80AA—
Repeal the section.
Subsections 80A (1) and (2)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 80B (2)—
Omit “setting out the decision and giving reasons for the decision”.
Subsections 80B (3) and (4)—
Omit the subsections, substitute the following subsection:
“(3) A notice under subsection (1) or (2) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Credit Act 1985
Paragraphs 262 (1) (a) and (b)—
Omit the paragraphs, substitute the following paragraphs:
“(a)granting an application for a licence under subsection 161 (1);
(aa)refusing to grant an application for a licence under subsection 161 (2) or (4);
(b)cancelling a licence under subsection 163 (1);
(ba)suspending a licence under subsection 163 (2);”.
Subsection 262 (1)—
Omit all the words after “Tribunal” (second occurring), substitute “shall cause notice of the decision to be given to a person whose interests are affected by the decision”.
Subsection 262 (2)—
Omit “Australian Capital Territory”.
Subsections 262 (3) and (4)—
Omit the subsections, substitute the following subsection:
“(3) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Dangerous Goods Act, 1975 (NSW) in its application in the Territory
Section 4 (definition of “Tribunal”)—
Omit the definition.
Sections 29 and 29A—
Repeal the sections, substitute the following sections:
Review of decisions
“29. Application may be made to the Administrative Appeals Tribunal for review of a decision of the Chief Inspector—
(a)under subsection 8 (1) to refuse to issue a licence for the keeping of dangerous goods;
(b)under subsection 8 (1) to issue a licence for the keeping of dangerous goods subject to terms and conditions imposed under subsection 27 (3);
(c)under subsection 10 (1) to refuse to issue a licence authorising the carriage of dangerous goods;
(d)under subsection 10 (1) to issue a licence authorising the carriage of dangerous goods subject to terms and conditions imposed under subsection 27 (3);
(e)under subsection 17 (1) to refuse to issue a licence authorising the importation of explosives;
(f)under subsection 17 (1) to issue a licence for the importation of explosives subject to terms and conditions imposed under subsection 27 (3);
(g)under subsection 17 (2) to refuse to issue a permit for the importation of explosives;
(h)under subsection 19 (1) to refuse to issue a licence for the manufacture of explosives;
(j)under subsection 19 (1) to issue a licence for the manufacture of explosives subject to terms and conditions imposed under subsection 27 (3);
(k)under subsection 21 (1) to refuse to issue a licence for the sale of explosives;
(m)under subsection 21 (1) to issue a licence for the sale of explosives subject to terms and conditions imposed under subsection 27 (3);
(n)under subsection 27 (1) to refuse to renew a licence;
(o)under subsection 27 (4) to issue a licence for a period of less than 3 years;
(p)under subsection 28 (1) to suspend a licence or permit; or
(q)under subsection 28 (3) to cancel a licence or permit.
Notification of decisions
“29A. (1) Where the Chief Inspector makes a decision referred to in section 29, the Chief Inspector shall cause notice of the decision to be given to a person whose interests are affected by the decision.
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Dental Technicians and Dental Prosthetists
Registration Act 1988
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Section 63—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 64 (1)—
Omit “, within 28 days after the date of the decision,”.
Subsections 64 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Paragraph 69 (1) (a)—
Insert “Administrative Appeals” before “Tribunal”.
Subparagraph 69 (2) (a) (ii)—
Insert “Administrative Appeals” before “Tribunal”.
Dentists Registration Act 1931
Subsection 4 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 31B (1)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraphs 31B (2) (a) and (b)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 38B (1)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 38B (1) (e)—
Omit “or” (second occurring).
After paragraph 38B (1) (e)—
Insert the following paragraphs:
“(ea)refusing to set aside an order under subsection 30A (2);
(eb)refusing to terminate the suspension of an order under subsection 31E (2); or”.
Subsection 38B (2)—
Insert “Administrative Appeals” before “Tribunal”.
Section 39—
Repeal the section, substitute the following section:
Notification of decisions
“39. (1) Where—
(a)the Board makes a decision of the kind referred to in subsection 38B (1); or
(b)the Chairman makes a decision under section 23AC to refuse to grant, or to renew, temporary registration;
the Board or the Chairman, as the case may be, shall cause notice of the decision to be given to a person whose interests are affected by the decision.
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Discrimination Act 1991
Subsection 71 (2)—
Omit “, setting out the Commissioner’s reasons for the decision,”.
After subsection 71 (2)—
Add the following subsection:
“(3) A notice under subsection (2) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
After subsection 88 (3)—
Insert the following subsection:
“(3A) A direction given under subsection (2) or (3) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsections 89 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A direction given under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 90 (4)—
Omit all the words after “or (iii)”, substitute “shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989”.
Subsection 90 (5)—
Omit “and the Commissioner’s reasons for the direction”.
Subsection 90 (6)—
Omit the subsection.
Subsection 90 (7)—
(a)Omit “(7)”, substitute “(6)”.
(b)Omit “setting out the Commissioner’s reasons for the decision”.
After subsection 90 (7)—
Add the following subsection:
“(7) A notice under subsection (5) or (6) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 93—
Add at the end the following subsection:
“(3) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 95—
Repeal the section.
Subsection 109 (5)—
Omit “setting out the Commissioner’s reasons for the refusal”.
Subsections 109 (6) and (7)—
Omit the subsections, substitute the following subsection:
“(6) A notice referred to in subsection (4) or (5) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Dog Control Act 1975
Subsection 40AB (1)—
Omit “within 7 days”.
Subsections 40AB (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Drugs of Dependence Act 1989
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 198 (1)—
Omit “, within 28 days of the date of the decision,”.
Subsections 198 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 199—
Insert “Administrative Appeals” before “Tribunal”.
Education Act 1937
Section 5 (definition of “Tribunal”)—
Omit the definition.
Section 30—
Insert “Administrative Appeals” before “Tribunal”.
Subsections 30A (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Egg Industry Act 1975
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Egg Industry (Amendment) Act 1979
Section 11—
Insert “Administrative Appeals” before “Tribunal”.
Electricity Act 1971
Subsection 36AB (1)—
Omit “, within 28 days after the date of the decision,”.
Subsections 36AB (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Electricity and Water Act 1988
Subsection 78A (1)—
Omit “, within 28 days after the date of the decision,”.
Subsections 78A (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 78B—
Omit “Australian Capital Territory”.
Evidence Act 1971
Subparagraph 10H (1) (a) (vi)—
Omit “Australian Capital Territory”.
Financial Institutions Duty Act 1987
Section 26—
Omit “Australian Capital Territory”.
Subsection 27 (1)—
Omit “, within 28 days of the date of the decision,”.
Subsections 27 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Food Act 1992
Section 3 (definition of “Tribunal”)—
Omit the definition.
Subsections 79 (1) and (2)—
Insert “Administrative Appeals” before “Tribunal”.
Subsections 79 (3) and (4)—
Omit the subsections, substitute the following subsection:
“(3) A notice under subsection (1) or (2) shall be in accordance with the requirements of the the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Freedom of Information Act 1989
Subsection 4 (1) (definition of “Tribunal”)—
Omit “Australian Capital Territory”.
Subsection 60 (4)—
Omit all the words after “decision” (first occurring), substitute the following:
“to which subsection 54 (3) applies is the period commencing on the day on which the Ombudsman has informed the applicant as mentioned in that subsection and ending on the 28th day after that day.”.
Gaming Machine Act 1987
Section 4 (definition of “Tribunal”)—
Omit “Australian Capital Territory”.
Subsection 52 (1)—
(a)Omit “, within 7 days of making the decision,”.
(b)Omit “stating the reasons for the decision”.
Subsections 52 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Gas Act 1992
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Subsections 110 (1) and (2)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 110 (2) (a)—
Insert “this Act or” before “the Manual”.
Subsection 110 (3)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 110 (4)—
Omit “, within 28 days after the date of the decision,”.
Subsections 110 (5) and (6)—
Omit the subsections, substitute the following subsection:
“(5) A notice under subsection 59 (1), 61 (1), 78 (3) or 79 (1) or paragraph 92 (6) (b) or subsection (4) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Paragraph 110 (7) (b)—
Insert “Administrative Appeals” before “Tribunal”.
Hawkers Act 1936
Subsection 27 (1)—
Omit the subsection, substitute the following subsection:
“(1) An applicant for, or the holder or former holder of, a licence (as the case may be) may appeal to the Minister against a decision of the Registrar—
(a)under subsection 8 (1) to reject an application for a licence;
(b)under subsection 12A (1) to refuse to vary a licence; or
(c)under subsection 25 (1) to cancel or suspend a licence.”.
Paragraph 27 (2) (a)—
Omit “refusing”, substitute “under subsection 6B (2) to refuse”.
Paragraph 27 (2) (b)—
Omit “granting”, substitute “under subsection 6B (2) to grant”.
Paragraph 27 (2) (c)—
Omit “revoking”, substitute “under section 25A to revoke”.
After subsection 27 (3)—
Insert the following subsections:
“(3A) Where—
(a)the Registrar makes a decision of the kind referred to in subsection (1); or
(b)the Minister makes a determination under subsection (3);
the Registrar or the Minister, as the case may be, shall cause notice of the decision to be given to a person whose interests are affected by the decision.
“(3B) A notice under subsection (3A) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 27 (4)—
Omit “refusing to grant a permit”, substitute “to refuse to grant a permit under subsection 6B (2)”.
Subsection 27A (1)—
(a)Omit “(1)”.
(b)Omit “Australian Capital Territory”.
Health Act 1993
Section 3 (definition of “Tribunal”)—
Omit the definition.
Section 19—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 20 (1)—
Omit “, within 28 days after the date of the decision,”.
Subsections 20 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Health Professions Boards (Elections) Act 1980
Subsection 26 (3)—
Omit “Australian Capital Territory”.
Health Professions Boards (Procedures) Act 1981
Subsection 31 (1)—
Omit the subsection.
Subsection 31 (2)—
Omit “(2)”.
Heritage Objects Act 1991
Subsection 4 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 23 (4)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraphs 30 (a) and (b)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 31 (1) (a)—
Add at the end “and”.
Paragraphs 31 (1) (b) and (c)—
Omit the paragraphs, substitute the following paragraph:
“(b)be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 31 (3)—
Omit “paragraph (1) (b) or (c) or”.
Subsection 42 (5)—
Omit the subsection, substitute the following subsection:
“(5) A notice under paragraph (1) (b) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Paragraph 44 (4) (a)—
Add at the end “and”.
Paragraphs 44 (4) (b) and (c)—
Omit the paragraphs, substitute the following paragraph:
“(b)a notice be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 46 (4)—
Omit all the words after “applicant” (first occurring).
After subsection 46 (4)—
Add the following subsection:
“(5) A notice under subsection (4) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsections 49 (1), (2), (3) and (4)—
Insert “Administrative Appeals” before “Tribunal”.
Lakes Act 1976
Subsection 51 (1)—
Omit “Australian Capital Territory”.
Subsection 51 (2)—
Omit “, within 28 days,”.
Subsections 51 (3) and (4)—
Omit the subsections, substitute the following subsection:
“(3) A notice under subsection (2) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Land (Planning and Environment) Act 1991
Subsection 213A (1)—
Omit “, within 28 days after the day of the decision,”.
Subsection 213A (2)—
Omit “, within 28 days after making the decision,”.
Subsections 213A (3) and (4)—
Omit the subsections, substitute the following subsection:
“(3) A notice under subsection (1) or (2) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Legal Aid Act 1977
Subsection 60 (3)—
Omit all the words after “shall cause”, substitute “notice of the decision, stating the reasons for the decision, to be given to a person whose interests are affected by the decision”.
Subsections 60 (4) and (5)—
Omit the subsections, substitute the following subsection:
“(4) A notice under subsection (3) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 60A—
Omit “Australian Capital Territory”.
Liquor Act 1975
Section 104—
Omit “Australian Capital Territory”.
Subsection 104A (1)—
Omit “Within 28 days of the date of a decision of the kind referred to in section 104,”, substitute “Where a decision of the kind referred to in section 104 has been made,”.
Subsections 104A (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Long Service Leave (Building and Construction
Industry) Act 1981
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Subsections 59 (1) and (2)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 59A (1)—
Omit “, within 28 days of the date of the decision,”.
Subsections 59A (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Meat Act 1931
Subsection 9 (1)—
Omit “given not later than 28 days after the date of that decision”.
Subsections 9 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Medical Practitioners Act 1930
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 43 (1)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraphs 43 (2) (a) and (b)—
Insert “Administrative Appeals” before “Tribunal”.
Section 54—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 54 (g)—
Omit “section 36, subsection 37 (1), section 38 or subsection 40 (4)”, substitute “subsection 29 (3) or paragraph 36 (a), 37 (1) (a), 38 (a) or 40 (4) (a)”.
Paragraph 54 (j)—
Omit “section 36, subsection 37 (1), section 38 or subsection 40 (4) or”, substitute “paragraph 36 (b), 37 (1) (b), 38 (b) or 40 (4) (b) or subsection”.
Subsection 55 (1)—
Omit “, within 28 days after the date of the decision,”.
Subsection 55 (2)—
Omit the subsection, substitute the following subsection:
“(2) A notice under subsection 13 (4) or subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 55 (3)—
Omit all the words after “42 (2)”, substitute “shall have endorsed on it or attached to it a statement in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 55 (4)—
Omit the subsection.
Mental Health Act 1983
Subsection 63 (4)—
Omit all the words after “holder of the licence”, substitute “notice of the decision”.
Subsection 65 (3)—
Omit all the words after “holder of the licence”, substitute “notice of the decision”.
Subsection 66 (2)—
Omit “, the findings on material questions of fact, referring to the evidence or other material on which those findings were based, and giving the reasons for the decision”.
Paragraphs 68 (1) (a) to (d) (inclusive)—
Omit the paragraphs, substitute the following paragraphs:
“(a)under subsection 61 (1) to refuse to grant a licence;
(b)under subsection 62 (4) to refuse to renew a licence;
(c)under paragraph 63 (1) (a) to refuse to vary a condition specified in a licence;
(d)under paragraph 63 (1) (b) to refuse to revoke a condition specified in a licence;
(e)under paragraph 63 (1) (c) to refuse to make a condition specified in a licence; or
(f)under subsection 66 (4) to refuse to restore a licence;”.
Subsection 68 (1)—
Omit all the words after “on the applicant”, substitute “notice of the decision”.
Subsections 68 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection 63 (4), 65 (3) or 66 (1) or under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Paragraphs 69 (a) to (e) (inclusive)—
Omit the paragraphs, substitute the following paragraphs:
“(a)under subsection 61 (1) to refuse to grant a licence;
(b)under subsection 62 (4) to refuse to renew a licence;
(c)under paragraph 63 (1) (a) to vary, or to refuse to vary, a condition specified in a licence;
(d)under paragraph 63 (1) (b) to revoke, or to refuse to revoke, a condition specified in a licence;
(e)under paragraph 63 (1) (c) to make, or to refuse to make, a licence subject to a specified condition;
(f)under subsection 65 (2) or 66 (1) to cancel a licence; or
(g)under subsection 66 (4) to refuse to restore a licence.”.
Motor Traffic Act 1936
Subsection 4 (1) (definition of “Tribunal”)—
Omit the definition.
Subsections 217C (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 217D—
Insert “Administrative Appeals” before “Tribunal”.
Motor Vehicles (Dimensions and Mass) Act 1990
Subsection 3 (1) (definition of “Administrative Appeals Tribunal”)—
Omit the definition.
Paragraph 54 (1) (a)—
Insert “under subsection 27 (1)” before “to refuse”.
Paragraph 54 (1) (b)—
Insert “under section 30” before “to issue”.
Subsection 54 (1)—
Omit “, within 30 days of the date of the decision,”.
Subsections 54 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Nature Conservation Act 1980
Section 5 (definition of “Tribunal”)—
Omit the definition.
Subsections 74 (1) and (2)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 74A (1)—
Omit “, within 28 days after the date of the decision,”.
Subsections 74A (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Noise Control Act 1988
Subsection 5 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 44 (1)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 44 (1) (a)—
Omit “giving, or refusing”, substitute “under subsection 12 (1) to give, or to refuse”.
Paragraph 44 (1) (b)—
Omit “determining”, substitute “under subsection 12 (4) to determine”.
Subsection 44 (2)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraphs 44 (2) (a) to (d) (inclusive)—
Omit the paragraphs, substitute the following paragraphs:
“(a)under section 14 to vary or to refuse to vary the commencing date of the period for which a noise direction notice is to be in force;
(b)under subsection 16 (2) to grant, or to refuse to grant, an exemption;
(c)under subsection 16 (3) to revoke, or to refuse to revoke, an exemption;
(d)under subsection 34 (1) to give a direction;
(e)under subsection 40 (3) to grant, or to refuse to grant, an exemption;
(f)under subsection 40 (4) to vary, or to refuse to vary, an exemption; or
(g)under subsection 40 (4) to revoke, or to refuse to revoke, an exemption.”.
Subsection 44 (3)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 44 (4)—
Insert “Administrative Appeals” before “Tribunal” (first occurring).
Subsection 45 (1)—
Omit “, within 28 days after the date of the decision,”.
Subsections 45 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Nurses Act 1988
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Section 54—
Insert “Administrative Appeals” before “Tribunal”.
Subsections 55 (2), (3) and (4)—
Omit the subsections, substitute the following subsections:
“(2) A notice under subsection 15 (4) or 29 (4) or subsection (1) of this section shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
“(3) An order under paragraph 38 (b) or 39 (1) (b), subsection 39 (2), paragraph 39A (b), subsection 39C (1), paragraph 39C (4) (b) or subsection 40 (2) shall have endorsed on it or attached to it a notice in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 55A—
Insert “Administrative Appeals” before “Tribunal”.
Ombudsman Act 1989
Paragraph 12 (6) (a)—
Omit “Australian Capital Territory”.
Subsections 13 (1) and (3)—
Omit “Australian Capital Territory”.
Optometrists Act 1956
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Section 46—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 46 (g)—
(a)Omit “or 34 (1), paragraph”, substitute “, paragraph 34 (1) (a),”.
(b)Omit “section 36 or paragraph”, substitute “36 (a) or”.
Paragraph 46 (j)—
(a)Omit “subsection 34 (1), paragraph”, substitute “, paragraph 34 (1) (b),”.
(b)Omit “section 36 or paragraph”, substitute “36 (b) or”.
Subsection 47 (1)—
(a)Omit “, within 28 days after the date of the decision,”.
(b)Omit “(k), (r) and (s)”, substitute “(j), (k) and (r)”.
Paragraphs 47 (1) (g), (h) and (j)—
Omit the paragraphs, substitute the following paragraphs:
“(g)in the case of a decision referred to in paragraph 46 (m), (n) or (p)—to the person in relation to whom the order was made;
(h)in the case of a decision referred to in paragraph 46 (q)—to the registered optometrist in relation to whom the action has been taken;
(j)in the case of a decision referred to in paragraph 46 (s)—to the person whose registration has been suspended;”.
Subsection 47 (2)—
Omit the subsection, substitute the following subsection:
“(2) A notice under subsection 11 (4) or under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 47 (3)—
Omit all the words after “38 (1)”, substitute “, paragraph 38 (3) (b) or subsection 40 (2) shall have endorsed on it or attached to it a notice in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989”.
Subsection 47 (4)—
Omit the subsection.
Subsection 51 (1)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 51 (2)—
Insert “a” after “notice of”.
Paragraphs 51 (2) (a) and (b)—
Insert “Administrative Appeals” before “Tribunal”.
Ozone Protection Act 1991
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 40 (2)—
Omit the subsection.
Section 42—
Insert “Administrative Appeals” before “Tribunal”.
Subsections 43 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Payroll Tax Act 1987
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Section 19—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 20 (1)—
Omit “, within 28 days of the date of the decision,”.
Subsections 20 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Pesticides Act 1989
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Paragraph 15 (4) (d)—
Add at the end “and”.
Paragraph 15 (4) (e)—
Omit “and”.
Paragraph 15 (4) (f)—
Omit the paragraph.
After subsection 15 (4)—
Insert the following subsection:
“(4A) A notice under subsection (4) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 15 (7)—
Omit the subsection.
Paragraph 47 (1) (d)—
Omit the paragraph, substitute the following paragraph:
“(d)be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 47 (2)—
Omit the subsection.
Subsections 73 (4) and (5)—
Omit the subsections, substitute the following subsection:
“(4) A direction under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsections 74 (5) and (6)—
Omit the subsections, substitute the following subsection:
“(5) A direction under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Paragraph 80 (1) (a)—
Insert “under subsection 9 (2)” before “identifying”.
Paragraph 80 (1) (b)—
Insert “under subsection 12 (1)” before “to refuse”.
Paragraph 80 (1) (c)—
Insert “under subsection 14 (3)” before “to amend”.
Paragraph 80 (1) (d)—
Insert “under subsection 19 (1)” before “to refuse”.
Paragraph 80 (1) (e)—
Insert “under subsection 19 (1)” before “to grant”.
After paragraph 80 (1) (e)—
Insert the following paragraph:
“(ea)under subsection 19 (1) to grant a restricted permit for a period of less than 1 year;”.
Paragraph 80 (1) (f)—
Insert “under subsection 20 (2)” before “to vary”.
Paragraph 80 (1) (g)—
Insert “under subsection 23 (1)” before “to cancel”.
After paragraph 80 (1) (g)—
Insert the following paragraph:
“(ga)under subsection 24 (3) to renew a restricted permit for a period of less than 1 year;”.
Paragraph 80 (1) (h)—
Insert “under subsection 28 (2)” before “to refuse”.
Paragraph 80 (1) (j)—
Insert “under subsection 28 (2)” before “to grant”.
After paragraph 80 (1) (j)—
Insert the following paragraph:
“(ja)under subsection 28 (2) to grant a research permit for a period of less than 1 year;”.
Paragraph 80 (1) (k)—
Insert “under subsection 29 (2)” before “to vary”.
Paragraph 80 (1) (m)—
Omit the paragraph, substitute the following paragraph:
“(m)under subsection 30 (3) to amend a research permit;”.
Paragraph 80 (1) (n)—
Omit the paragraph, substitute the following paragraphs:
“(n)under subsection 33 (1) to cancel a research permit; or
(na)under subsection 34 (3) to renew a research permit for a period of less than 1 year;”.
Subsection 80 (1)—
Omit “, within 28 days of the date of the decision,”.
Paragraph 80 (1) (p)—
(a)Insert “(ea),” after “(e),”.
(b)Omit “or (g)”, substitute “, (g) or (ga)”.
Paragraph 80 (1) (q)—
(a)Insert “(ja),” after “(j),”.
(b)Omit “or (n)”, substitute “, (n) or (na)”.
Subsections 80 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 81—
Insert “Administrative Appeals” before “Tribunal”.
Subparagraph 81 (b) (i)—
Insert “under subsection 15 (2)” after “pesticide”.
Pharmacy Act 1931
Subsection 2 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 44 (1)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraphs 44 (2) (a) and (b)—
Insert “Administrative Appeals” before “Tribunal”.
Section 54—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 54 (g)—
Omit “section 35, subsection 36 (1), section 37 or subsection 39 (4)”, substitute “paragraph 35 (a), 36 (1) (a), 37 (a) or 39 (4) (a)”.
Paragraph 54 (h)—
Omit “section 35, subsection 36 (1), section 37 or subsection 39 (4) or”, substitute “paragraph 35 (b), 36 (1) (b), 37 (b) or 39 (4) (b) or subsection”.
Subsection 55 (1)—
Omit “, within 28 days after the date of the decision,”.
Subsection 55 (2)—
Omit the subsection, substitute the following subsection:
“(2) A notice under subsection 12 (4) or under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 55 (3)—
Omit all the words after “41 (2)”, substitute “shall have endorsed on it or attached to it a notice in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 55 (4)—
Omit the subsection.
Physiotherapists Act 1977
Subsection 3 (1) (definition of “Administrative Appeals Tribunal”)—
Omit the definition.
Subsections 35AA (2), (3) and (4)—
Omit the subsections, substitute the following subsections:
“(2) A notice under subsection 9 (4) or subsection (1) of this section shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
“(3) An order under paragraph 30A (b) or 30B (1) (b), subsection 30B (2), paragraph 30C (b), subsection 30E (1), paragraph 30E (4) (b) or subsection 30F (2) shall have endorsed on it or attached to it a notice in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Plumbers, Drainers and Gasfitters Board Act 1982
Section 3 (definition of “Tribunal”)—
Omit the definition.
Subsection 28 (1)—
Omit all the words after “Board” (last occurring), substitute “notice of the decision”.
Subsection 28 (2)—
Omit the subsection, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 33 (1)—
Omit all the words after “Register”, substitute “notice of the decision”.
Subsection 33 (2)—
Omit the subsection, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 44—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 44 (a)—
Omit “refusing to issue, or cancelling,”, substitute “under subsection 24 (1) to refuse to issue”.
Paragraph 44 (b)—
(a)Omit “refusing”, substitute “under subsection 25 (1) to refuse”.
(b)Omit “or”.
Paragraph 44 (c)—
Omit the paragraph, substitute the following paragraphs:
“(c)under subsection 31 (1) to cancel a certificate of competency; or
(d)under subsection 31 (2) to cancel or suspend a licence.”.
Poisons and Drugs Act 1978
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 49 (1)—
Omit “, within 28 days of the date of the decision,”.
Subsection 49 (1A)—
Omit “, within 28 days of the date of the decision,”.
Subsections 49 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) or (1A) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 50—
Insert “Administrative Appeals” before “Tribunal”.
Public Health (Prohibited Drugs) Act 1957
After section 6B—
Insert the following section:
Notification of decisions
“6C. (1) Where a decision of a kind referred to in section 6B is made, the Minister shall cause notice of the decision to be given to a person whose interests are affected by the decision.
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Radiation Act 1983
Subsection 5 (1) (definition of “Tribunal”)—
Omit the definition.
Sections 72 and 73—
Repeal the sections, substitute the following sections:
Appeals
“72. Application may be made to the Administrative Appeals Tribunal for review of a decision of the Council—
(a)under subsection 6 (2) to make, or to refuse to make, a declaration that material or apparatus does not give rise to a radiation hazard;
(b)under subsection 6 (5) to revoke a declaration that material or apparatus does not give rise to a radiation hazard;
(c)under subsection 29 (1) to grant, or to refuse to grant, a licence;
(d)under subsection 29 (1) to grant a licence subject to conditions;
(e)under subsection 29 (1) to grant a licence for a period of less than 5 years;
(f)under subsection 30 (3) to vary a condition specified in a licence;
(g)under subsection 31 (2) to renew a licence for a period of less than 5 years;
(h)under subsection 32 (1) to cancel a licence;
(j)under subsection 48 (5) to register, or to refuse to register, any irradiating apparatus;
(k)under subsection 48 (5) to register any irradiating apparatus for a period of less than 5 years;
(m)under subsection 50 (2) to renew the registration for a period of less than 5 years;
(n)under paragraph 51 (1) (a) to approve, or to refuse to approve, an alteration or modification of a registered irradiating apparatus;
(o)under paragraph 51 (1) (b) to approve, or to refuse to approve, an alteration in the location, installation or shielding of any registered irradiating apparatus;
(p)under subsection 52 (1) to cancel the registration of an irradiating apparatus;
(q)under subsection 54 (1) to make, or to refuse to make, a declaration that material is exempt material;
(r)under subsection 54 (6) to revoke a declaration that material is exempt material;
(s)under subsection 66 (1) to approve, or to refuse to approve, a place (other than licensed premises) for the purpose of storing radioactive material; or
(t)under subsection 68 (4) to grant, or to refuse to grant, a permit to dispose of radioactive material.
Notification of decisions
“73. (1) Where the Council makes a decision—
(a)under subsection 6 (2) to make a declaration that material or apparatus does not give rise to a radiation hazard;
(b)under subsection 29 (1) to grant a licence;
(c)under subsection 29 (1) to grant a licence subject to conditions;
(d)under subsection 30 (3) to vary a condition specified in a licence;
(e)under subsection 48 (5) to register any irradiating apparatus;
(f)under paragraph 51 (1) (a) to approve an alteration or modification of any registered irradiating apparatus;
(g)under paragraph 51 (1) (b) to approve an alteration in the location, installation or shielding of any registered irradiating apparatus;
(h)under subsection 54 (1) to make a declaration that material is exempt material;
(j)under subsection 66 (1) to approve a place (other than licensed premises) for the purpose of storing radioactive material; or
(k)under subsection 68 (4) to grant a permit to dispose of radioactive material;
the Council shall cause to be published in the Gazette a notice containing particulars of the decision.
“(2) Where the Council makes a decision—
(a)under subsection 6 (2) to refuse to make a declaration that material or apparatus does not give rise to a radiation hazard;
(b)under subsection 6 (5) to revoke a declaration that material or apparatus does not give rise to a radiation hazard;
(c)under subsection 29 (1) to refuse to grant a licence;
(d)under subsection 29 (1) to grant a licence subject to conditions;
(e)under subsection 29 (1) to grant a licence for a period of less than 5 years;
(f)under subsection 30 (3) to vary a condition specified in a licence;
(g)under subsection 31 (2) to renew a licence for a period of less than 5 years;
(h)under subsection 32 (1) to cancel a licence;
(j)under subsection 48 (5) to refuse to register any irradiating apparatus;
(k)under subsection 48 (5) to register any irradiating apparatus for a period of less than 5 years;
(m)under subsection 50 (2) to renew the registration for a period of less than 5 years;
(n)under paragraph 51 (1) (a) to refuse to approve an alteration or modification of any registered irradiating apparatus;
(o)under paragraph 51 (1) (b) to refuse to approve an alteration in the location, installation or shielding of any registered irradiating apparatus;
(p)under subsection 52 (1) to cancel the registration of any irradiating apparatus;
(q)under subsection 54 (1) to refuse to make a declaration that material is exempt material;
(r)under subsection 54 (6) to revoke a declaration that material is exempt material;
(s)under subsection 66 (1) to refuse to approve a place (other than licensed premises) for the purpose of storing radioactive material; or
(t)under subsection 68 (4) to refuse to grant a permit to dispose of radioactive material;
the Council shall cause notice of the decision to be given to a person whose interests are affected by the decision.
“(3) A notice under subsection (1) or (2) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Rates and Land Rent (Relief) Act 1970
Section 2 (definition of “Tribunal”)—
Omit “Australian Capital Territory”.
Subparagraph 21BAA (1) (b) (i)—
Add at the end “and”.
Subparagraph 21BAA (1) (b) (ii) and (iii)—
Omit the subparagraphs, substitute the following subparagraph:
the date or dates on which any unpaid rates, or instalments of unpaid rates, are due for payment under the relevant Act.”.
After subsection 21F (3)—
Insert the following subsection:
“(3A) A notice under subsection (3) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 23B (1)—
Omit “, within 28 days after the date of the decision,”.
Subsections 23B (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection 10 (2), paragraph 21BAA (1) (b) or subsection (1) of this section shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Rates and Land Tax Act 1926
Subsection 22GH (1)—
Omit all the words after “22GE (3)”, substitute “shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989”.
Subsection 22GH (2)—
Omit the subsection.
After subsection 29 (3)—
Insert the following subsection:
“(3A) A notice under subsection (3) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 30A (1)—
(a)Omit “(1)”.
(b)Insert “Administrative Appeals” before “Tribunal”.
Subsection 30A (2)—
Omit the subsection.
Registration of Births, Deaths and Marriages Act 1963
Subsection 46G (1)—
Omit “, within 28 days after the date of the decision,”.
Subsections 46G (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Roads and Public Places Act 1937
Subsection 15G (1)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 15G (1) (a)—
Omit “refusing”, substitute “under paragraph 15C (1) (b) to refuse”.
Paragraphs 15G (1) (b) and (c)—
Omit the paragraphs, substitute the following paragraphs:
“(b)under section 15D to grant a permit subject to a condition; or
(c)under section 15F to cancel a permit.”.
Subsection 15G (3)—
Omit the subsection, substitute the following subsections:
“(2) Where the Minister or his or her delegate makes a decision of the kind referred to in subsection (1), the Minister or the delegate, as the case may be, shall cause notice of the decision to be given to a person whose interests are affected by the decision.
“(3) A notice under subsection (2) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Sale of Motor Vehicles Act 1977
Subsection 3 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 13 (5)—
Omit all the words after “Registrar” (last occurring), substitute “shall record the reasons for his or her decision and cause to be served on the applicant notice of the decision”.
After subsection 13 (6)—
Add the following subsection:
“(7) A notice under subsection (5) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 48 (1)—
(a)Omit “he shall, within 7 days of the revocation,”, substitute “he or she shall”.
(b)Omit “and of the dealer’s right to apply to the Tribunal for a review of a decision of the Registrar to revoke the licence”.
After subsection 48 (2)—
Add the following subsection:
“(3) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 57 (1)—
(a)Omit “(1)”.
(b)Insert “Administrative Appeals” before “Tribunal”.
Paragraph 57 (1) (a)—
Omit “refusing”, substitute “under subsection 13 (1) to refuse”.
Paragraph 57 (1) (b)—
Omit “revoking”, substitute “under section 45 to revoke”.
Paragraph 57 (1) (c)—
Omit the paragraph, substitute the following paragraph:
“(c)under subsection 48 (2) to specify a period for the purposes of that subsection.”.
Subsection 91 (2)—
Insert “Administrative Appeals” before “Tribunal”.
Stamp Duties and Taxes Act 1987
Subsection 4 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 65—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 66 (1A)—
(a)Omit “(1A)”, substitute “(1)”.
(b)Omit “, within 28 days of the date of the decision,”.
Subsections 66 (1) and (2)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Stock Act 1991
Subsection 39 (1)—
Omit all the words after “31 (4)”, substitute “shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989”.
Subsection 39 (2)—
Omit the subsection.
Superannuation (Legislative Assembly Members) Act 1991
Subsection 20 (1)—
Omit “and its reasons for”.
Subsections 20 (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Section 21—
Omit all the words after “Tribunal”, substitute the following:
“for review—
(a)of a decision of the Board under subsection 19 (1) to refuse to permit an extension of the period; and
(b)of reviewable decisions that have been confirmed or varied under subsection 19 (3).”.
Supreme Court Act 1933
Section 2 (definition of “President”)—
Omit “Australian Capital Territory”.
Subparagraph 12 (1) (b) (i)—
Insert “Administrative Appeals” before “Tribunal” (first occurring).
Paragraph 12 (1) (c)—
Insert “Administrative Appeals” before “Tribunal” (first occurring).
Surveyors Act 1967
Subsection 49A (3)—
Omit the subsection, substitute the following subsection:
“(3) A certificate under subsection (2) shall—
(a)set out the facts on which the certificate is based; and
(b)be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 49A (10)—
Omit “Australian Capital Territory”.
Taxation (Administration) Act 1987
Subsection 4 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 34 (1)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 91 (1)—
(a)Omit “(1)”.
(b)Insert “Administrative Appeals” before “Tribunal”.
Subsection 91 (2)—
Omit the subsection.
Subsection 92 (1)—
(a)Omit “(1)”.
(b)Omit all the words after “95C (2)”, substitute “shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989”.
Subsection 92 (2)—
Omit the subsection.
Subsection 93 (1)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 93 (2) (a)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 93 (2) (b)—
Insert “Administrative Appeals” before “Tribunal’s”.
Subsection 93 (2)—
Insert “Administrative Appeals” before “Tribunal” (last occurring).
Section 95—
Insert “Administrative Appeals” before “Tribunal”.
Trade Measurement Act 1991
Paragraph 58 (2) (b)—
Omit “appeals tribunal”, substitute “Administrative Appeals Tribunal”.
Section 59—
Omit “Australian Capital Territory”.
Paragraph 59 (a)—
Insert “under subsection 44 (1)”, before “to refuse”.
Paragraphs 59 (b) and (c)—
Omit the paragraphs, substitute the following paragraphs:
“(b)under subsection 48 (1) to impose or vary a condition to which the person’s licence is to be subject;
(c)under subsection 55 (1) to make an order in respect of the person;”.
Paragraph 59 (d)—
Omit the paragraph, substitute the following paragraphs:
“(d)under paragraph 58 (1) (a) to reprimand the person as a licensee;
(da)under paragraph 58 (1) (b) to impose a condition on the person’s licence;”.
Paragraph 59 (e)—
Insert “under paragraph 58 (1) (c)” before “to suspend”.
Paragraph 59 (f)—
Insert “under paragraph 58 (1) (e)” before “to cancel”.
Section 59—
Add at the end the following subsections:
“(2) Where the licensing authority makes a decision of the kind referred to in subsection (1), it shall cause notice of the decision to be given to a person whose interests are affected by the decision.
“(3) A notice under subsection (2) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Traffic Act 1937
Subsection 6A (1)—
Omit “, within 28 days,”.
Subsections 6A (2) and (3)—
Omit the subsections, substitute the following subsection:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Unit Titles Act 1970
Section 5 (definition of “Tribunal”)—
Omit the definition.
Paragraph 16 (6) (b)—
Omit the paragraph, substitute the following paragraph:
“(b)in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subsection 16 (7)—
Omit the subsection.
Subsection 16 (8)—
(a)Insert “Administrative Appeals” before “Tribunal”.
(b)Omit “this section”, substitute “subsection (4)”.
Subsection 16 (9)—
Insert “Administrative Appeals” before “Tribunal”.
Veterinary Surgeons Act 1965
Subsection 4 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 26 (1)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraphs 26 (2) (a) and (b)—
Insert “Administrative Appeals” before “Tribunal”.
Section 35—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 36 (1)—
Omit “, within 28 days after the date of the decision,”.
Subsections 36 (2), (3) and (4)—
Omit the subsections, substitute the following subsections:
“(2) A notice under subsection 10B (4) or subsection (1) of this section shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.
“(3) An order under paragraph 25D (1) (b) or 25E (1) (b), subsection 25E (2), paragraph 25F (b), subsection 25H (1), paragraph 25H (4) (b) or subsection 25J (2) shall have endorsed on it or attached to it a notice in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Veterinary Surgeons (Amendment) Act 1994
Subsection 30 (1)—
Omit “Australian Capital Territory”.
Subsection 30 (2)—
Omit “, within 28 days after the date of the decision,”.
Subsections 30 (3) and (4)—
Omit the subsections, substitute the following subsection:
“(3) A notice under subsection (2) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Vocational Training Act 1989
Subsection 6 (1) (definition of “Administrative Appeals Tribunal”)—
Omit the definition.
Subsection 83 (1)—
Omit all the words after “the notice”, substitute “shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989”.
Subsection 83 (2)—
Omit the subsection.
Section 84—
The section is relocated so that it appears in Division 7 of Part IV before section 82 and is renumbered as section 81A.
Water Pollution Act 1984
Subsection 5 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 30C (2)—
Omit the subsection.
Subsection 40 (1)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 40 (1) (a)—
Omit “granting”, substitute “under subsection 20 (1) to grant, or to refuse to grant,”.
Paragraph 40 (1) (b)—
Omit “refusing”, substitute “under paragraph 24 (a) to refuse”.
Paragraph 40 (1) (c)—
Omit “granting”, substitute “under subsection 21 (1) to grant”.
Paragraph 40 (1) (d)—
Omit “including”, substitute “under subsection 21 (1) to include”.
After paragraph 40 (1) (d)—
Insert the following paragraph:
“(da)under subsection 21 (3) to require a condition to be complied with within a specified period of time;”.
Paragraph 40 (1) (e)—
Omit “cancelling”, substitute “under paragraph 24 (b) to cancel”.
Paragraph 40 (1) (f)—
Omit “refusing”, substitute “under subsection 25 (1) to refuse”.
Paragraph 40 (1) (g)—
Omit the paragraph, substitute the following paragraph:
“(g)under subsection 27 (6) to refuse to grant an approval to install, construct or modify equipment or works.”.
Subsection 40 (2)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 40 (2) (a)—
Omit “authorizing”, substitute “under paragraph 28 (1) (a) to authorise”.
Paragraph 40 (2) (b)—
Omit “suspending”, substitute “under paragraph 28 (1) (b) to suspend”.
Paragraph 40 (2) (c)—
Omit “varying or revoking”, substitute “under subsection 28 (3) to vary or to revoke”.
Subsection 40 (3)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 40 (3) (a)—
Omit “making”, substitute “under subsection 30A (1) to impose”.
Paragraph 40 (3) (b)—
(a)Omit “determining”, substitute “under subsection 30A (1) to determine”.
(b)Omit “or”.
Paragraph 40 (3) (c)—
Omit the paragraph, substitute the following paragraphs:
“(c)under paragraph 30C (1) (a) to vary, or to refuse to vary, the period within which a pollution abatement notice is to be complied with; or
(d)under paragraph 30C (1) (b) to vary, or to refuse to vary, a requirement specified in a pollution abatement notice.”.
Subsection 41 (1)—
Omit all the words after “shall cause”, substitute “notice of the decision to be given to a person whose interests are affected by the decision”.
Subsection 41 (2)—
Omit all the words after “subsection 30C (4)”, substitute “shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989”.
Subsection 41 (3)—
Omit the subsection.
Weapons Act 1991
Subsection 4 (1) (definition of “Tribunal”)—
Omit the definition.
Subparagraphs 53 (6) (a) (i) and (ii)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 53 (6) (b)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 53 (8)—
Insert “Administrative Appeals” before “Tribunal”.
Subparagraphs 58 (2) (a) (i) and (ii)—
Insert “Administrative Appeals” before “Tribunal”.
Paragraph 58 (2) (b)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 58 (3)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 99 (1)—
Omit “and the reason for the decision”.
Subsection 99 (2)—
Omit all the words after “shall”, substitute “be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989”.
Subsection 99 (3)—
Omit the subsection.
Workers’ Compensation Act 1951
Subsection 6 (1) (definition of “Tribunal”)—
Omit the definition.
Subsection 27B (1)—
Insert “Administrative Appeals” before “Tribunal”.
Subsection 27B (2)—
Omit all the words after “subsection (1)”, substitute “be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989”.
Subsection 27B (3)—
Omit the subsection.
SCHEDULE 2 Section 4
AMENDMENTS OF REGULATIONS
Adoption Regulations
Subregulation 30 (1)—
Omit “, within 30 days after the date of the decision,”.
Subregulations 30 (2), (2A) and (3)—
Omit the subregulations, substitute the following subregulation:
“(2) A notice under subregulation (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Regulation 30A—
Insert “Administrative Appeals” before “Tribunal”.
Animal Welfare Regulations
Subregulations 32 (2) and (3)—
Omit the subregulations, substitute the following subregulation:
“(2) A notice under subregulation (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Regulation 33—
Insert “Administrative Appeals” before “Tribunal”.
Canberra Sewerage and Water Supply Regulations
Subregulation 4 (1) (definition of “Tribunal”)—
Omit the definition.
Subregulations 117 (1) and (2)—
Omit “, within 14 days of the date of the decision,”.
Subregulations 117 (3) and (4)—
Omit the subregulations, substitute the following subregulation:
“(3) A notice under subregulations (1) and (2) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Regulation 118—
Insert “Administrative Appeals” before “Tribunal”.
Dangerous Goods Regulation, 1978 (NSW) in its application in the Territory
Subclause 29 (3A)—
Omit the subclause.
Subclause 65 (2A)—
Omit the subclause.
Subclause 373 (1)—
Omit all the words after “shall cause”, substitute “notice of the decision to be given to a person whose interests are affected by the decision”.
Subclauses 373 (2) and (3)—
Omit the subclauses, substitute the following subclause:
“(2) A notice under subclause 29 (3), 65 (2) or subclause (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Subclauses 374 (1) and (2)—
Insert “Administrative Appeals” before “Tribunal”.
Meat Regulations
Paragraph 7 (1) (a)—
Omit “refusing”, substitute “under subregulation 5 (1) to refuse”.
Paragraph 7 (1) (b)—
Omit “imposing”, substitute “under subregulation 5 (1) to impose”.
Paragraph 7 (1) (c)—
Omit “suspending or revoking”, substitute “under subregulation 5 (3) to suspend or to revoke”.
Paragraph 7 (1) (d)—
Omit “refusing”, substitute “under subregulation 5 (4) to refuse”.
Paragraph 7 (1) (e)—
Omit “refusing”, substitute “under subregulation 5 (7) to refuse”.
Paragraph 7 (1) (f)—
Omit the paragraph, substitute the following paragraph:
“(f)under subregulation 6 (1) to refuse to approve premises for the purpose of that subregulation; or”.
Paragraph 7 (1) (g)—
Omit “refusing”, substitute “under subregulation 6 (4) to refuse”.
Subregulation 7 (1)—
Omit “given not later than 28 days after the decision”.
Subregulations 7 (2) and (3)—
Omit the subregulations, substitute the following subregulation:
“(2) A notice under subregulation (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Regulation 8—
Omit “Australian Capital Territory”.
Public Health (Cancer Reporting) Regulations
Subregulations 9 (2) and (3)—
Omit the subregulations, substitute the following subregulation:
“(2) A notice under subsection (1) shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989.”.
Schools Authority Regulations
Paragraph 61 (a)—
(a)Omit “declaring”, substitute “under subregulation 60 (1) to declare”.
(b)Omit “directing”, substitute “to direct”.
Paragraph 61 (b)—
Omit “refusing”, substitute “under subregulation 60 (1) to refuse to make”.
note about headings
On the day on which the Acts and regulations referred to below are amended by this Act, headings to sections of those Acts and those regulations are altered as set out below in the following table:
Section/regulation Alteration
Animal Welfare Regulations
Insert in the heading “Administrative Appeals” before “Tribunal”.
Boxing Control Act 1993
Insert in the heading “Administrative Appeals” before “Tribunal”.
Building Act 1972
Insert in the heading “Administrative Appeals” before “Tribunal”.
Business Franchise (“X” Videos) Act 1990
Insert in the heading “Administrative Appeals” before “Tribunal”.
Canberra Sewerage and Water Supply Regulations
Insert in the heading “Administrative Appeals” before “Tribunal”.
Drugs of Dependence Act 1989
Insert in the heading “Administrative Appeals” before “Tribunal”.
Food Act 1992
Insert in the heading “Administrative Appeals” before “Tribunal”.
Liquor Act 1975
Insert in the heading “Administrative Appeals” before “Tribunal”.
Motor Traffic Act 1936
217DInsert in the heading “Administrative Appeals” before “Tribunal”.
Ombudsman Act 1989
Omit from the heading “Australian Capital Territory”.
Pesticides Act 1989
Insert in the heading “Administrative Appeals” before “Tribunal”.
Pharmacy Act 1931
Insert in the heading “Administrative Appeals” before “Tribunal”.
Physiotherapists Registration Act 1977
35AInsert in the heading “Administrative Appeals” before “Tribunal”.
Poisons and Drugs Act 1978
Insert in the heading “Administrative Appeals” before “Tribunal”.
Taxation (Administration) Act 1987
Insert in the heading “Administrative Appeals” before “Tribunal’s”.
Veterinary Surgeons Registration Act 1965
Insert in the heading “Administrative Appeals” before “Tribunal”.
[Presentation speech made in Assembly on 16 June 1994]
© Australian Capital Territory 1994
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