Administrative Appeals Tribunal Act 1975 (Cth)
This is a compilation of the
The notes at the end of this compilation
(the
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Contents
This Act may be cited as the
Administrative Appeals Tribunal Act 1975 .
This Act shall come into operation on a day to be fixed by Proclamation.
In carrying out its functions, the Tribunal must pursue the objective of providing a mechanism of review that:
(a) is accessible; and
(b) is fair, just, economical, informal and quick; and
(c) is proportionate to the importance and complexity of the matter; and
(d) promotes public trust and confidence in the decision‑making of the Tribunal.
(1) In this Act, unless the contrary intention appears:
adduce includes give.agency party means a party who is:(a) the Secretary of a Department; or
(b) the Chief Executive Medicare; or
(c) the Chief Executive Centrelink; or
(d) the Child Support Registrar.
alternative dispute resolution processes means procedures and services for the resolution of disputes, and includes:(a) conferencing; and
(b) mediation; and
(c) neutral evaluation; and
(d) case appraisal; and
(e) conciliation; and
(f) procedures or services specified in the regulations;
but does not include:
(g) arbitration; or
(h) court procedures or services.
Paragraphs (b) to (f) of this definition do not limit paragraph (a) of this definition.
ASIO affiliate has the same meaning as in theAustralian Security Intelligence Organisation Act 1979 .ASIO employee has the same meaning as in theAustralian Security Intelligence Organisation Act 1979 .ASIO Minister means the Minister administering theAustralian Security Intelligence Organisation Act 1979 .authorised member means a member who has been authorised by the President under section 59A for the purposes of the provision in which the expression occurs.authorised officer means an officer of the Tribunal who has been authorised by the President under section 59B for the purposes of the provision in which the expression occurs.authority of Norfolk Island means an authority, tribunal or other body, whether incorporated or not, that is established by a Norfolk Island enactment.authority of the Commonwealth means an authority, tribunal or other body, whether incorporated or not, that is established by an enactment.Chief Executive Centrelink has the same meaning as in theHuman Services (Centrelink) Act 1997 .Chief Executive Medicare has the same meaning as in theHuman Services (Medicare) Act 1973 .child support first review means a proceeding that is or would be a proceeding in the Social Services and Child Support Division on application for AAT first review within the meaning of theChild Support (Registration and Collection) Act 1988 .Commonwealth agency means a Minister or an authority of the Commonwealth.CSC (short for Commonwealth Superannuation Corporation) has the same meaning as in theGovernance of Australian Government Superannuation Schemes Act 2011 .Deputy President means a member appointed as a Deputy President of the Tribunal.enactment means:(a) an Act;
(b) an Ordinance of a Territory other than the Northern Territory, the Australian Capital Territory or Norfolk Island; or
(c) an instrument (including rules, regulations or by‑laws) made under an Act or under such an Ordinance;
and includes an enactment as amended by another enactment.
Note: See also subsection 25(8) (Norfolk Island enactments).
engage in conduct has the same meaning as in theCriminal Code .exempt security record means:(a) a record of the Australian Security Intelligence Organisation; or
(b) a record that is claimed to be an exempt record under the
Archives Act 1983 for the reason that it contains information or matter of a kind referred to in paragraph 33(1)(a) or (b) or subsection 33(4A) or (4C) of that Act.
full‑time member means a member who is appointed as a full‑time member.immigration advisory service means a body that provides services in relation to the seeking by non‑citizens (within the meaning of theMigration Act 1958 ) of permission to enter or remain in Australia.Judge means:(a) a Judge of a court created by the Parliament; or
(b) a person who has the same designation and status as a Judge of a court created by the Parliament.
member means:(a) the President; or
(b) a Deputy President; or
(c) a senior member; or
(d) any other member (of any level referred to in subsection 6(3)).
non‑presidential member means a member other than a presidential member.Norfolk Island enactment means:(a) an enactment (within the meaning of the
Norfolk Island Act 1979 ); or(b) an instrument (including rules, regulations or by‑laws) made under such an enactment;
and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.
officer of the Tribunal means:(a) the Registrar; or
(b) a person appointed as an officer of the Tribunal under section 24PA.
part‑time member means a member who is appointed as a part‑time member.person who made the decision has a meaning affected by:(a) if a review of the decision is or would be an AAT first review within the meaning of the
A New Tax System (Family Assistance) (Administration) Act 1999 —section 111B of that Act; and(b) if a review of the decision is or would be an AAT first review within the meaning of the
Paid Parental Leave Act 2010 —section 224A of that Act; and(c) if a review of the decision is or would be an AAT first review within the meaning of the
Social Security (Administration) Act 1999 —section 142A of that Act; and(d) if a review of the decision is or would be an AAT first review within the meaning of the
Student Assistance Act 1973 —section 311A of that Act.
President means the President of the Tribunal.presidential member means the President or a Deputy President.proceeding , in relation to the Tribunal, includes:(a) an application to the Tribunal for review of a decision; and
(b) an application to the Tribunal under subsection 28(1AC); and
(c) an application to the Tribunal for review of a taxing of costs; and
(d) an application to the Tribunal for a costs certificate under section 10A of the
Federal Proceedings (Costs) Act 1981 ; and(e) an application to the Tribunal under subsection 62(2) of the
Freedom of Information Act 1982 ; and(f) any other application to the Tribunal under this Act or any other Act; and
(g) any matter referred to the Tribunal for inquiry and/or review under this Act or any other Act; and
(h) an incidental application to the Tribunal made in the course of, or in connection with, an application or proposed application, or a matter, referred to in a preceding paragraph.
Registrar means the Registrar of the Tribunal.second review : a review by the Tribunal of a decision is or would be asecond review if another enactment:(a) authorises an application to be made for review of the decision; and
(b) designates the review as an
AAT second review .
security assessment orassessment has the same meaning as in theAustralian Security Intelligence Organisation Act 1979 .security clearance decision has the same meaning as in theAustralian Security Intelligence Organisation Act 1979 .security clearance suitability assessment has the same meaning as in theAustralian Security Intelligence Organisation Act 1979 .security vetting agency has the meaning given by section 82A of theAustralian Security Intelligence Organisation Act 1979 .senior member means a senior member of the Tribunal (of either level referred to in subsection 6(3)).sponsoring agency , in relation to a security clearance, has the meaning given by section 82A of theAustralian Security Intelligence Organisation Act 1979 .State includes the Northern Territory and the Australian Capital Territory.Tribunal :(a) means the Administrative Appeals Tribunal established by this Act; and
(b) in relation to a proceeding, means the Administrative Appeals Tribunal so established as constituted for the purposes of the proceeding; and
(c) includes a member, or an officer of the Tribunal, exercising powers of the Tribunal.
(2) Where a board, committee or other unincorporated body constituted by 2 or more persons is empowered by an enactment to make decisions, this Act applies as if that board, committee or other body were a person empowered to make those decisions.
(3) Unless the contrary intention appears, a reference in this Act to a decision includes a reference to:
(a) making, suspending, revoking or refusing to make an order or determination;
(b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission;
(c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument;
(d) imposing a condition or restriction;
(e) making a declaration, demand or requirement;
(f) retaining, or refusing to deliver up, an article; or
(g) doing or refusing to do any other act or thing.
This Act extends to every external Territory.
There is hereby established an Administrative Appeals Tribunal.
The Tribunal consists of the following members:
(a) the President;
(b) Deputy Presidents;
(c) senior members;
(d) other members.
(1) The members shall be appointed by the Governor‑General.
(2) A Judge who is to be appointed as a member of the Tribunal is to be appointed as the President or a Deputy President.
(3) A person (other than a Judge) who is to be appointed as a member of the Tribunal is to be appointed as:
(a) a Deputy President; or
(b) a senior member (level 1); or
(c) a senior member (level 2); or
(d) a member (level 1); or
(e) a member (level 2); or
(f) a member (level 3).
(4) A member (other than a Judge) shall be appointed either as a full‑time member or as a part‑time member.
President (1) A person must not be appointed as the President unless the person is a Judge of the Federal Court of Australia.
Deputy President (2) A person must not be appointed as a Deputy President unless the person:
(a) is a Judge of the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 1); or
(b) is enrolled as a legal practitioner (however described) of the High Court or the Supreme Court of a State or Territory and has been so enrolled for at least 5 years; or
(c) in the opinion of the Governor‑General, has special knowledge or skills relevant to the duties of a Deputy President.
Senior members and other members (3) A person must not be appointed as a senior member or other member unless the person:
(a) is enrolled as a legal practitioner (however described) of the High Court or the Supreme Court of a State or Territory and has been so enrolled for at least 5 years; or
(b) in the opinion of the Governor‑General, has special knowledge or skills relevant to the duties of a senior member or member.
The appointment of a Judge as a presidential member, or service by a Judge as a presidential member, whether the appointment was or is made or the service occurred or occurs before or after the commencement of this section, does not affect, and shall be deemed never to have affected, his or her tenure of office as a Judge or his or her rank, title, status, precedence, salary, annual or other allowances or other rights or privileges as the holder of his or her office as a Judge and, for all purposes, his or her service, whether before or after the commencement of this section, as a presidential member shall be taken to have been, or to be, service as the holder of his or her office as a Judge.
(3) Subject to this Part, a member holds office for such period of at most 7 years as is specified in the instrument of appointment, but is eligible for re‑appointment.
(4) A member who is a Judge ceases to hold office as a member if he or she ceases to be a Judge.
(7) Subject to this Part, a member holds office on such terms and conditions as are determined by the Minister in writing.
(1) A member, other than a member who is a Judge, shall be paid such remuneration as is determined by the Remuneration Tribunal, but, if no determination of that remuneration by the Remuneration Tribunal is in operation, he or she shall be paid such remuneration as is prescribed.
(2) A member to whom subsection (1) applies shall be paid such allowances as are prescribed.
(3) Subsections (1) and (2) have effect subject to the
Remuneration Tribunal Act 1973 .
Acting President (1) The Minister may, by written instrument, appoint a Judge of the Federal Court of Australia to act as the President:
(a) during a vacancy in the office of President (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the President:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the
Acts Interpretation Act 1901 .
Acting member (other than President) (2) The Minister may, by written instrument, appoint a person to act as a member (other than the President) during any period, or during all periods, when:
(a) a full‑time member is absent from duty or from Australia; or
(b) a part‑time member is unavailable to perform the duties of office.
Subject to this section, a person so appointed must not continue to act in that appointment for more than 12 months.
(2A) The Minister may, by written instrument, appoint a person to act as a Deputy President during any period, or during all periods, when there are no Deputy Presidents. A person so appointed must not continue to act in that appointment for more than 12 months.
Qualification for acting appointment (3) A person must not be appointed to act in an office under subsection (2) or (2A) unless the person meets the requirements in section 7 for appointment to the office.
Extension of acting appointment (5) Where a person has been appointed under subsection (2), the Minister may, by reason of a pending proceeding or other special circumstances, direct, before the absent or unavailable member ceases to be absent or unavailable, that the person so appointed shall continue to act under the appointment after the member ceases to be absent or unavailable until he or she resigns the appointment or the Governor‑General terminates the appointment, but a person shall not continue to act by virtue of this subsection for more than 12 months after the member ceases to be absent or unavailable.
(6) Where a person has been appointed under this section to act as a member during the absence or unavailability of a member and the member ceases to hold office without having resumed duty or become available to perform the duties of his or her office, the period of appointment of the person so appointed shall, subject to this Act, be deemed to continue until he or she resigns the appointment, the appointment is terminated by the Governor‑General or a period of 12 months elapses from the day on which the absent or unavailable member ceases to hold office, whichever first happens.
Terms and conditions of acting appointment (7) Subject to this Part, a person (other than a Judge) appointed to act in an office under subsection (2) or (2A) is to act on such terms and conditions as the Minister determines in writing.
(1) The Minister may, by signed instrument, delegate to the President any or all of the Minister’s powers or functions under this Act.
(2) The President may, by signed instrument, delegate to a member any or all of the President’s powers or functions under this Act or another enactment.
(3) The Registrar may, by signed instrument, delegate to an officer of the Tribunal or a member of the staff of the Tribunal any or all of the Registrar’s powers or functions under this Act or another enactment.
(4) In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the delegator.
A person who is appointed or re‑appointed after the commencement of this section as a member shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, a Justice of the High Court or a Judge of another federal court or of the Supreme Court of a State or Territory an oath or affirmation in accordance with the form in Schedule 2.
(1) A full‑time member must not engage in paid employment outside the duties of his or her office without the President’s approval.
(2) A part‑time member must not engage in any paid employment that, in the President’s opinion, conflicts or may conflict with the proper performance of his or her duties.
(3) This section does not apply in relation to the holding by a member of an office or appointment in the Defence Force.
(1) A full‑time member has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The President may grant a full‑time member leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
(3) The President may grant leave of absence to a part‑time member on the terms and conditions that the President determines.
(1) The Governor‑General may terminate the appointment of a member if an address praying for the termination, on one of the following grounds, is presented to the Governor‑General by each House of the Parliament in the same session:
(a) proved misbehaviour;
(b) the member is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Governor‑General may terminate the appointment of a member if:
(a) the member:
(i) becomes bankrupt; or
(ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debts; or
(iii) compounds with one or more of his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or
(b) the member is a full‑time member and is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the member is a part‑time member and is unavailable, except on leave of absence, to perform the duties of his or her office for more than 3 months; or
(d) the member contravenes section 11 (outside employment); or
(e) the member fails, without reasonable excuse, to comply with section 14 (disclosure of interests).
(3) The Governor‑General may terminate the appointment of a member assigned to the Migration and Refugee Division if the member has a direct or indirect pecuniary interest in an immigration advisory service.
(4) The appointment of a member may not be terminated other than in accordance with this section.
(5) This section does not apply in relation to a member who is a Judge.
(1) If a member who is, or is to be, a member of the Tribunal as constituted for the purposes of a proceeding before the Tribunal has a conflict of interest in relation to the proceeding, the member:
(a) must disclose the matters giving rise to that conflict:
(i) to the parties; and
(ii) to the President (or, if the member is the President, the Minister); and
(b) must not take part in the proceeding or exercise any powers in relation to the proceeding unless the parties and the President (or, if the member is the President, the Minister) consent.
(2) For the purposes of this section, a member has a conflict of interest in relation to a proceeding before the Tribunal if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member’s functions in relation to the proceeding.
(3) If the President becomes aware that a member who is, or is to be, a member of the Tribunal as constituted for the purposes of a proceeding before the Tribunal has a conflict of interest in relation to the proceeding, the President:
(a) may, if the President considers it appropriate, direct the member not to take part in the proceeding; and
(b) if the President does not give such a direction—must ensure that the member discloses the matters giving rise to the conflict to the parties.
(1) A member may resign his or her appointment by giving the Governor‑General a written resignation.
(2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.
The Tribunal is to exercise powers conferred on it in the following Divisions:
(aa) Freedom of Information Division;
(a) General Division;
(b) Migration and Refugee Division;
(c) National Disability Insurance Scheme Division;
(d) Security Division;
(e) Social Services and Child Support Division;
(f) Taxation and Commercial Division;
(g) any other prescribed Division.
(1) The Tribunal’s powers in relation to a proceeding before the Tribunal are to be exercised:
(a) in the Division prescribed for such a proceeding; or
(b) if no Division is prescribed for a proceeding—in the Division that the President directs.
(2) Despite subsection (1), the following powers of the Tribunal may be exercised by the Tribunal only in the Security Division:
(a) the powers of review in respect of applications referred to in section 54 or 83B of the
Australian Security Intelligence Organisation Act 1979 ;(b) the power under the
Archives Act 1983 to review a decision of the Archives in respect of access to an exempt security record.
(1) The Minister must assign a non‑presidential member to one or more Divisions of the Tribunal.
(2) Before the Minister does so, the Minister must consult the President in relation to the proposed assignment.
(3) An assignment may only be varied with the consent of the member concerned.
(4) A non‑presidential member may exercise, or participate in the exercise of, powers of the Tribunal only in a Division to which the member is assigned.
(5) If the assignment is made in writing, the assignment is not a legislative instrument.
The Minister must not assign a member to the Freedom of Information Division unless the Minister is satisfied that the member:
(a) has training, knowledge or experience relating to the
Freedom of Information Act 1982 ; or(b) has other relevant knowledge or experience that will assist the member in considering matters relating to the operation of that Act.
Before assigning a member to the Migration and Refugee Division, the Minister must consult the Minister administering the
Migration Act 1958 in relation to the proposed assignment.
(1) Before assigning a member to the National Disability Insurance Scheme Division, the Minister must consult the Minister administering the
National Disability Insurance Scheme Act 2013 in relation to the proposed assignment.(2) The Minister must not assign a member to the National Disability Insurance Scheme Division unless the Minister is satisfied that the member:
(a) has training, knowledge or experience relating to disability; or
(b) has other relevant knowledge or experience that will assist the member in considering matters relating to the National Disability Insurance Scheme.
The Minister must not assign a member to the Security Division if the member is or has been:
(a) the Director‑General of Security; or
(b) an ASIO employee or ASIO affiliate.
Note: See also subsections 19E(3) and 19F(3).
Before assigning a member to the Social Services and Child Support Division, the Minister must consult the Minister administering the
Social Security (Administration) Act 1999 in relation to the proposed assignment.
Before assigning a member to the Taxation and Commercial Division, the Minister must consult the Treasurer in relation to the proposed assignment.
Sections 17A to 17H do not affect the validity of any exercise of powers by the Tribunal.
Assignment of Division heads (1) The Minister may assign a Deputy President to be the head of one or more Divisions of the Tribunal.
(2) Before the Minister does so, the Minister must consult:
(a) the President; and
(b) any Minister required by sections 17D to 17H to be consulted in relation to the assignment of a member to the Division.
(3) The Minister must not assign a person to be the head of a Division if the person could not be assigned to that Division because of section 17CA, subsection 17E(2) or section 17F.
(4) If the assignment is made in writing, the assignment is not a legislative instrument.
(5) An assignment under subsection (1):
(a) must be for the duration, or the remaining duration, of the person’s appointment as a Deputy President; and
(b) may be varied, with the person’s consent; and
(c) cannot be revoked.
Function of Division heads (6) The head of a Division has the function of assisting the President in the performance of the President’s functions by directing the business of the Tribunal in the Division.
Acting Division heads (7) The Minister may, by written instrument, assign a Deputy President or senior member to act as the head of a Division during any period, or during all periods, when the head of the Division is absent from duty or from Australia. Such an assignment is taken to be an appointment to act for the purposes of the
Acts Interpretation Act 1901 .
Assignment of deputy Division heads (1) The Minister may assign a Deputy President or a senior member to be a deputy head of one or more Divisions of the Tribunal.
(2) Before the Minister does so, the Minister must consult:
(a) the President; and
(b) any Minister required by sections 17D to 17H to be consulted in relation to the assignment of a member to the Division.
(3) The Minister must not assign a person to be a deputy head of a Division if the person could not be assigned to that Division because of section 17CA, subsection 17E(2) or section 17F.
(4) If the assignment is made in writing, the assignment is not a legislative instrument.
(5) An assignment under subsection (1):
(a) must be for the duration, or the remaining duration, of the person’s appointment as a Deputy President or senior member; and
(b) may be varied, with the person’s consent; and
(c) cannot be revoked.
Function of deputy Division heads (6) A deputy head of a Division has the function of assisting the head of the Division in the performance of the head of the Division’s functions.
Acting deputy Division heads (7) The Minister may, by written instrument, assign a member to act as a deputy head of a Division during any period, or during all periods, when a deputy head of the Division is absent from duty or from Australia or when there is no deputy head of the Division. Such an assignment is taken to be an appointment to act for the purposes of the
Acts Interpretation Act 1901 .
Subject to this Act and the regulations, the President is responsible for ensuring:
(a) the expeditious and efficient discharge of the business of the Tribunal; and
(b) that the Tribunal pursues the objective in section 2A.
(1) The President may give written directions in relation to any or all of the following:
(a) the operations of the Tribunal;
(b) the procedure of the Tribunal;
(c) the conduct of reviews by the Tribunal;
(d) the arrangement of the business of the Tribunal;
(e) the places at which the Tribunal may sit.
(1A) Before the President does so, the President must consult the head of any Division to which the direction would apply.
(2) A failure by the Tribunal to comply with a direction does not invalidate anything done by the Tribunal.
(3) If the Tribunal deals with a proceeding in a way that complies with the directions given under this section, the Tribunal is not required to take any other action in dealing with the proceeding.
(4) Without limiting subsection (1), directions may deal with matters relating to the provision of documents under sections 37 and 38AA, including any or all of the following matters:
(a) documents that are or are not required to be lodged under paragraph 37(1)(b) and subsection 38AA(1);
(b) documents that are or are not required to be lodged under subsection 37(1AAB) for the purposes of second reviews;
(c) lodgement of documents for the purposes of subsection 37(1AB);
(d) lodgement of additional copies of documents;
(e) documents that are to be given to other parties under subsection 37(1AE).
Sittings of the Tribunal are to be held from time to time as required, in such places in Australia or an external Territory as are convenient.
(1) The President may give written directions in relation to:
(a) the members who are to constitute the Tribunal for the purposes of a proceeding; and
(b) if there is more than one such member—the member who is to preside.
(2) Paragraph (1)(b) does not apply to a proceeding in the Security Division.
(1) The Tribunal as constituted for the purposes of a proceeding:
(a) must not have more than 3 members, unless another provision of this Act or another enactment provides otherwise in relation to the proceeding; and
(b) must not have more than one member who is a Judge, unless another provision of this Act or another enactment provides otherwise in relation to the proceeding.
(2) At any time before the hearing of a proceeding commences, the powers of the Tribunal in relation to the proceeding may be exercised by the President or an authorised member.
(3) Subsection (2) does not apply in relation to the following powers:
(a) the power under section 34J (circumstances in which hearing may be dispensed with);
(b) the power under section 43 (Tribunal’s decision on review);
(c) the power under section 59 (advisory opinions);
(d) a power that a provision of this Act (except this section) or another enactment requires or permits to be exercised by:
(i) one or more persons specified by the provision; or
(ii) the Tribunal constituted in a way specified by the provision.
Note: Examples of powers covered by subparagraph (3)(d)(i) are the powers under sections 19A, 33 and 43AA. Examples of powers covered by subparagraph (3)(d)(ii) are the powers under section 19C.
(4) This section does not apply in relation to a proceeding in the Security Division (see Subdivision B).
(1) The Tribunal as constituted for the purposes of an application for review of a taxing of costs in another proceeding must be constituted by:
(a) the member who constituted the Tribunal for the purposes of the other proceeding; or
(b) if the Tribunal was constituted by more than one member for the purposes of the other proceeding—the member who presided for those purposes.
(2) However, the Tribunal is to be constituted as directed by the President if the member referred to in subsection (1):
(a) has stopped being a member; or
(b) is for any reason unavailable; or
(c) has been directed by the President not to take part in the review.
(3) The President must not give directions that would result in none of the members who constituted the Tribunal for the purposes of the other proceeding constituting the Tribunal for the purposes of the review, unless the President is satisfied that it is in the interests of justice to do so.
Before hearing commences (1) At any time before the hearing of a proceeding commences, the President may revoke a direction under subsection 19A(1) in relation to the proceeding and give another such direction.
After hearing commences (2) At any time after the hearing of a proceeding commences and before the Tribunal determines the proceeding, the President may revoke a direction under subsection 19A(1) in relation to the proceeding and give another such direction, if:
(a) the member, or one of the members, who constitutes the Tribunal for the purposes of the proceeding:
(i) stops being a member; or
(ii) is for any reason unavailable; or
(iii) is directed by the President not to take part in the proceeding; or
(b) the President considers that doing so is in the interests of achieving the expeditious and efficient conduct of the proceeding.
(3) Subsection (2) does not apply in relation to a proceeding in the Security Division.
(4) The reconstituted Tribunal must continue the proceeding. For this purpose, it may have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence taken in the proceeding).
President’s directions (5) The President must not give a direction referred to in subparagraph (2)(a)(iii) unless the President:
(a) is satisfied that it is the interests of justice to do so; and
(b) where it is reasonably practicable to do so, has consulted the member concerned.
(6)
The President must not, for the purposes of subsection (2), revoke a direction under subsection 19A(1) in relation to a proceeding and give another such direction unless the President:
(a) is satisfied that it is in the interests of justice to do so; and
(b) where it is reasonably practicable to do so, has consulted each member who as a result ceases to be a member of the Tribunal as constituted for the purposes of the proceeding.
(7) In giving directions for the purposes of this section, the President must have regard to the Tribunal’s objective in section 2A.
Scope (1) This section applies to a proceeding in the Security Division other than a proceeding to which section 19F applies, but has effect subject to subsections 65(2) and 83F(6) of the
Australian Security Intelligence Organisation Act 1979 .
Constitution of Security Division (2) The Security Division is to be constituted by a presidential member and 2 other members.
(3) The presidential member must not participate in the proceeding if the presidential member is or has been:
(a) the Director‑General of Security; or
(b) an ASIO employee or ASIO affiliate.
Presiding member (4) The presidential member is to preside at a hearing of the proceeding.
Reconstitution (5) At any time after the hearing of a proceeding commences and before the Tribunal determines the proceeding, the President may revoke a direction under subsection 19A(1) in relation to the proceeding and give another such direction, in accordance with this section, if a member constituting the Tribunal for the purposes of the proceeding is for any reason unavailable.
(6) The reconstituted Tribunal must continue the proceeding. For this purpose, it may have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence taken in the proceeding).
Scope (1) This section applies to a proceeding in the Security Division in relation to a review of a decision of the Archives under the
Archives Act 1983 relating to an exempt security record.
Constitution of Security Division (2) The Security Division is to be constituted by:
(a) 3 presidential members; or
(b) a presidential member alone.
(3) If the proceeding relates to a record of the Australian Security Intelligence Organisation, a presidential member must not participate in the proceeding if the presidential member is or has been:
(a) the Director‑General of Security; or
(b) an ASIO employee or ASIO affiliate.
Presiding member (4) If the Tribunal is constituted by 3 presidential members, the person who is to preside at a hearing of the proceeding is:
(a) if the President is one of the members—the President; or
(b) if the President is not one of the members but one or more Judges is—the most senior (or only) Judge; or
(c) if paragraphs (a) and (b) do not apply—the Deputy President whom the President directs to preside.
Reconstitution (5) At any time after the hearing of a proceeding commences and before the Tribunal determines the proceeding, the President may revoke a direction under paragraph 19A(1)(a) in relation to the proceeding and give another such direction, in accordance with this section, if a member constituting the Tribunal for the purposes of the proceeding ceases to be available.
(6) The reconstituted Tribunal must continue the proceeding. For this purpose, it may have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence taken in the proceeding).
(1) The President is responsible for managing the administrative affairs of the Tribunal.
(2) However, the President is not responsible under subsection (1) for matters relating to the Tribunal under:
(a) the
Public Governance, Performance and Accountability Act 2013 ; or(b) the
Public Service Act 1999 .
(3) The Registrar is not subject to direction by the President in relation to the Registrar’s performance of functions, or exercise of powers, under the Acts referred to in subsection (2).
(4) However, the Registrar must consult with the President in relation to the Registrar’s performance of those functions or exercise of those powers.
In the management of the administrative affairs of the Tribunal, the President is assisted by the Registrar of the Tribunal.
For the purposes of the finance law (within the meaning of the
Public Governance, Performance and Accountability Act 2013 ):
(a) the following group of persons is a listed entity:
(i) the Registrar;
(ii) the staff of the Tribunal referred to in subsection 24N(1); and
(b) the listed entity is to be known as the Administrative Appeals Tribunal; and
(c) the Registrar is the accountable authority of the listed entity; and
(d) the persons referred to in paragraph (a) are officials of the listed entity; and
(e) the purposes of the listed entity include the Registrar’s function to assist the President in the management of the administrative affairs of the Tribunal (see section 24B).
The Registrar is appointed by the Governor‑General on the nomination of the President.
(1) The Registrar has power to do all things necessary or convenient to be done for the purpose of assisting the President under section 24B.
(2) In particular, the Registrar may act on behalf of the President in relation to the administrative affairs of the Tribunal.
(3) The President may give the Registrar directions regarding the exercise of his or her powers under this Part.
(1) The Registrar is to be paid the remuneration and allowances determined by the Remuneration Tribunal.
(2) If there is no determination in force, the Registrar is to be paid such remuneration as is prescribed.
(3) The Registrar is to be paid such other allowances as are prescribed.
(1) The Registrar holds office for the period (not longer than 5 years) specified in the instrument of his or her appointment, but is eligible for re‑appointment.
(4) The Registrar holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by the Minister.
(1) The Registrar has such recreation leave entitlements as are determined by the Remuneration Tribunal.
(2) The President may grant the Registrar leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.
(1) The Registrar may resign his or her appointment by giving the Governor‑General a written resignation.
(2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day.
(1) Except with the consent of the President, the Registrar must not engage in paid employment outside the duties of his or her office.
(2) The reference in subsection (1) to paid employment does not include service in the Defence Force.
(1) The Governor‑General may terminate the appointment of the Registrar:
(a) for misbehaviour; or
(b) if the Registrar is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Governor‑General may terminate the appointment of the Registrar if:
(a) the Registrar:
(i) becomes bankrupt; or
(ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debts; or
(iii) compounds with one or more of his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or
(b) the Registrar is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Registrar engages in paid employment outside the duties of his or her office without the President’s consent under section 24J; or
(d) the Registrar fails, without reasonable excuse, to comply with section 24L (disclosure of interests).
(3) The appointment of the Registrar may not be terminated other than in accordance with this section.
(1) The Registrar must give written notice to the President of all direct or indirect pecuniary interests that the Registrar has or acquires in any business or in any body corporate carrying on a business.
(2) The Registrar must give written notice to the President of all material personal interests that the Registrar has that relate to the affairs of the Tribunal.
(3) Section 29 of the
Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) does not apply to the Registrar.
The President may, in writing, appoint a person to act in the office of Registrar:
(a) during a vacancy in the office (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Registrar is absent from duty or from Australia or is, for any other reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see section 33A of the
Acts Interpretation Act 1901 .
(1) The staff of the Tribunal must be persons engaged under the
Public Service Act 1999 .(2) For the purposes of the
Public Service Act 1999 :(a) the following persons together constitute a Statutory Agency:
(i) the Registrar;
(ii) the staff of the Tribunal referred to in subsection (1);
(iii) the Senior Reviewer and the other Reviewers of the Immigration Assessment Authority; and
(b) the Registrar is the head of that Statutory Agency.
The officers of the Tribunal and members of the staff of the Tribunal have the functions and powers conferred on them:
(a) by this Act and any other enactment; and
(b) by the President.
(1) The Registrar may, by writing, appoint a person to be an officer of the Tribunal if the person is:
(a) a member of the staff of the Tribunal referred to in subsection 24N(1); or
(b) an APS employee made available to the Tribunal; or
(c) an officer of the Supreme Court of Norfolk Island.
(2) An appointment under subsection (1) may be expressed to be limited to specified decisions or proceedings or to specified functions or powers.
(1) The Registrar may engage persons having suitable qualifications and experience as consultants to, or to perform services for, the Registrar.
(2) An engagement under subsection (1) is to be made:
(a) on behalf of the Commonwealth; and
(b) by written agreement.
(1) As soon as practicable after 30 June in each year, the President must prepare a report of the management of the administrative affairs, including the operation of the Divisions, of the Tribunal during the year.
Note: The annual report prepared by the Registrar and given to the Minister under section 46 of the
Public Governance, Performance and Accountability Act 2013 may be included in the report prepared under this section.(2) A report prepared after 30 June in a year must be given to the Minister by 15 October of that year.
(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament as soon as practicable.
Any judicial or other proceeding relating to a matter arising out of the management of the administrative affairs of the Tribunal under this Part, including any proceeding relating to anything done by the Registrar under this Part, may be instituted by or against the Commonwealth, as the case requires.
(1) Except for the provisions specified in subsection (2), this Part does not apply in relation to a proceeding in the Migration and Refugee Division.
Note 1: For the conduct of proceedings in the Migration and Refugee Division, see Parts 5 and 7 of the
Migration Act 1958 .Note 2: Enactments that authorise the making of applications for review to the Tribunal can add to, exclude or modify the operation of this Part.
(2) The following provisions of this Part apply in relation to a proceeding in the Migration and Refugee Division:
(a) section 25;
(b) section 42.
Enactment may provide for applications for review of decisions (1) An enactment may provide that applications may be made to the Tribunal:
(a) for review of decisions made in the exercise of powers conferred by that enactment; or
(b) for the review of decisions made in the exercise of powers conferred, or that may be conferred, by another enactment having effect under that enactment.
(2) The regulations may provide that applications may be made to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment.
(3) Where an enactment makes provision in accordance with subsection (1) or (2), that enactment:
(a) shall specify the person or persons to whose decisions the provision applies;
(b) may be expressed to apply to all decisions of a person, or to a class of such decisions; and
(c) may specify conditions subject to which applications may be made.
Delegations, acting appointments and authorisations (3A) Where an enactment makes provision in accordance with this section for the making of applications to the Tribunal for the review of decisions of a person made in the exercise of a power conferred on that person, that provision of that enactment applies also in relation to decisions made in the exercise of that power:
(a) by any person to whom that power has been delegated;
(b) in the case where the provision specifies the person by reference to his or her being the holder of a particular office or appointment—by any person for the time being acting in, or performing any of the duties of, that office or appointment; or
(c) by any other person lawfully authorized to exercise that power.
Tribunal may determine scope of review (4A) The Tribunal may determine the scope of the review of a decision by limiting the questions of fact, the evidence and the issues that it considers.
Failure of decision‑maker to meet deadline (5) For the purposes of an enactment that makes provision in accordance with this section for the making of applications to the Tribunal for review of decisions, a failure by a person to do an act or thing within the period prescribed by that enactment, or by another enactment having effect under that enactment, as the period within which that person is required or permitted to do that act or thing shall be deemed to constitute the making of a decision by that person at the expiration of that period not to do that act or thing.
(5A) For the purposes of regulations that make provision in accordance with this section for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment, a failure by a person to do an act or thing within the period prescribed by:
(a) that Norfolk Island enactment; or
(b) another Norfolk Island enactment having effect under that Norfolk Island enactment;
as the period within which that person is required or permitted to do that act or thing is taken to constitute the making of a decision by that person at the end of that period not to do that act or thing.
Enactment may add to, exclude or modify operation of certain provisions (6) If an Act provides for applications to the Tribunal:
(a) that Act may also include provisions adding to, excluding or modifying the operation of any of the provisions of this Act in relation to such applications; and
(b) those provisions have effect subject to any provisions so included.
(6A) If an enactment (other than an Act) provides for applications to the Tribunal:
(a) that enactment may also include provisions adding to, excluding or modifying the operation of any of the provisions of sections 27, 29, 29AB, 29AC, 32, 33 and 35 or of subsection 41(1) or 43(1) or (2) in relation to such applications; and
(b) those sections and subsections have effect subject to any provisions so included.
What happens if decision‑maker ceases to hold office etc. (7) Where:
(a) a person has made a decision in respect of which an application may be made to the Tribunal;
(b) the person made the decision by reason that he or she held or performed the duties of an office or appointment; and
(c) the person no longer holds or performs the duties of the office or appointment;
this Act has effect as if the decision had been made by:
(d) the person for the time being holding or performing the duties of that office or appointment; or
(e) if there is no person for the time being holding or performing the duties of that office or appointment or the office no longer exists—such person as the President or an authorised member specifies.
Norfolk Island enactment (8) If the regulations make provision in accordance with subsection (2) for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment (the
primary Norfolk Island enactment ), this Act, other than:
(a) the definition of
authority of the Commonwealth in subsection 3(1); and(b) subsections (1), (5) and (6) of this section; and
(c) paragraph 19B(1)(a); and
(d) subsection 27(1); and
(e) paragraph 27A(2)(b); and
(f) paragraph 33(1)(a); and
(g) paragraph 43B(1)(a); and
(h) section 59;
has effect as if:
(i) the primary Norfolk Island enactment; and
(j) any other Norfolk Island enactment, in so far as it relates to the primary Norfolk Island enactment;
were an enactment (within the meaning of this Act).
(1) Subject to section 42D, after an application is made to the Tribunal for a review of a decision, the decision may not be altered otherwise than by the Tribunal on the review unless:
(a) if regulations made for the purposes of subsection 25(2) (which deals with Norfolk Island) did not authorise the making of the application—the enactment that authorised the making of the application expressly permits the decision to be altered; or
(aa) if regulations made for the purposes of subsection 25(2) authorised the making of the application—the Norfolk Island enactment under which the decision was made expressly permits the decision to be altered; or
(b) the parties to the proceeding, and the Tribunal, consent to the making of the alteration.
(1A) Paragraph (1)(b) does not apply in relation to a proceeding that is a child support first review.
(2) A reference in subsection (1) to the alteration of a decision is a reference to:
(a) the variation of a decision; or
(b) the setting aside of a decision; or
(c) the setting aside of a decision and the making of a decision in substitution for the decision set aside.
(1) Where this Act or any other enactment (other than the
Australian Security Intelligence Organisation Act 1979 ) provides that an application may be made to the Tribunal for a review of a decision, the application may be made by or on behalf of any person or persons (including the Commonwealth or an authority of the Commonwealth or Norfolk Island or an authority of Norfolk Island) whose interests are affected by the decision.Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).
(2) An organization or association of persons, whether incorporated or not, shall be taken to have interests that are affected by a decision if the decision relates to a matter included in the objects or purposes of the organization or association.
(3) Subsection (2) does not apply in relation to a decision given before the organization or association was formed or before the objects or purposes of the organization or association included the matter concerned.
Applications under Part IV of the Australian Security Intelligence Organisation Act 1979 (1) An application under subsection 54(1) of the
Australian Security Intelligence Organisation Act 1979 for review of a security assessment may be made by a person in respect of whom the assessment was made and who has, in accordance with Part IV of that Act, been given notice of the assessment.(2) An application under subsection 54(2) of the
Australian Security Intelligence Organisation Act 1979 for review of the findings of the Tribunal on a review of a security assessment may be made by the person who applied for the review in which the findings were made.(3) If the Tribunal is satisfied that an application referred to in subsection (2) is justified, it may review its previous findings, and this Act applies in relation to such a review and the findings in such a review as if it were the review of an assessment.
Applications under Part IVA of the Australian Security Intelligence Organisation Act 1979 (4) An application under subsection 83B(1) of the
Australian Security Intelligence Organisation Act 1979 for review of a security clearance decision or security clearance suitability assessment may be made by a person in respect of whom the decision or suitability assessment was made and who has, in accordance with Part IVA of that Act, been given notice of the decision or suitability assessment.(5) An application under subsection 83B(2) of the
Australian Security Intelligence Organisation Act 1979 for review of the findings of the Tribunal on a review of a security clearance decision or security clearance suitability assessment may be made by the person who applied for the review in which the findings were made.(6) If the Tribunal is satisfied that an application referred to in subsection (5) is justified, it may review its previous findings, and this Act applies in relation to such a review and the findings in such a review as if it were the review of a security clearance decision or security clearance suitability assessment.
(1) Subject to subsection (2), a person who makes a reviewable decision must take such steps as are reasonable in the circumstances to give to any person whose interests are affected by the decision notice, in writing or otherwise:
(a) of the making of the decision; and
(b) of the right of the person to have the decision reviewed.
(2) Subsection (1) does not apply to:
(a) a decision that is deemed to be made because of the operation of subsection 25(5) or (5A); or
(b) a decision in respect of which provision relating to the notification of a right of review is made by another enactment; or
(c) any of the following decisions:
(i) a decision not to impose a liability, penalty or any kind of limitation on a person;
(ii) a decision making an adjustment to the level of periodic payments to be made to a person as a member of a class of persons where a similar adjustment is being made to the level of such payments to the other members of the class;
(iii) if an enactment establishes several categories of entitlement to a monetary benefit—a decision that determines a person to be in the most favourable of those categories;
if the decision does not adversely affect the interests of any other person; or
(d) a decision under the
Corporations Act 2001 to which section 1317B of that Act applies;(e) a decision under the
Australian Securities and Investments Commission Act 2001 to which section 244 of that Act applies.
(3) A failure to do what this section requires does not affect the validity of the decision.
(4) In this section:
reviewable decision means:(a) a decision that is reviewable by the Tribunal; or
(b) a decision that is reviewable by:
(i) a person whose decision on review is reviewable by the Tribunal; or
(ii) a person whose decision on review, because of subparagraph (i), is a reviewable decision.
(1) The Attorney‑General may, by legislative instrument, determine a Code of Practice for the purpose of facilitating the operation of subsection 27A(1).
(2) A person, in taking action under subsection 27A(1), must have regard to any such Code of Practice that is then in force.
Request for statement of reasons (1) Subject to subsection (1AAA), if a person makes a decision in respect of which an application may be made to the Tribunal for a review, any person (in this section referred to as the
applicant ) who is entitled to apply to the Tribunal for a review of the decision may, by notice in writing given to the person who made the decision, request that person to give to the applicant a statement in writing setting out 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, and the person who made the decision shall, as soon as practicable but in any case within 28 days after receiving the request, prepare, and give to the applicant, such a statement.
Exceptions (1AAA) Subsection (1) does not apply in relation to:
(a) a decision that is reviewable in the Security Division; or
(b) a decision that is a decision on AAT first review within the meaning of any of the following:
(i) the
A New Tax System (Family Assistance) (Administration) Act 1999 ;(ii) the
Child Support (Registration and Collection) Act 1988 ;(iii) the
Social Security (Administration) Act 1999 ;(iv) the
Student Assistance Act 1973 ;(v) the
Paid Parental Leave Act 2010 .
What happens if decision‑maker contests applicant’s entitlement to statement of reasons (1AA) Where a person to whom a request for a statement in relation to a decision is made by an applicant under subsection (1) is of the opinion that the applicant is not entitled to be given the statement, that person shall, as soon as practicable but in any case within 28 days after receiving the request, give to the applicant notice in writing of his or her opinion.
(1AB) A person who gives a notice under subsection (1AA) with respect to a request for a statement in relation to a decision is not required to comply with the request unless the Tribunal, on application under subsection (1AC), decides that the applicant was entitled to be given the statement, and, if the Tribunal so decides, the first‑mentioned person shall prepare the statement and give it to the applicant within 28 days after the decision of the Tribunal is given.
(1AC) On application by an applicant who has received a notice under subsection (1AA), the Tribunal must decide whether the applicant was or was not entitled to be given the statement concerned.
When decision‑maker may refuse to give statement of reasons (1A) A person to whom a request for a statement in relation to a decision is made under subsection (1) may refuse to prepare and give the statement if:
(a) in the case of a decision the terms of which were recorded in writing and set out in a document that was given to the applicant—the request was not made on or before the twenty‑eighth day after the day on which that document was given to the applicant; or
(b) in any other case—the request was not made within a reasonable time after the decision was made;
and in any such case the person to whom the request was made shall give to the applicant, as soon as practicable but in any case within 28 days after receiving the request, notice in writing stating that the statement will not be given to him or her and giving the reason why the statement will not be so given.
(1B) For the purposes of paragraph (1A)(b), a request for a statement in relation to a decision shall be deemed to have been made within a reasonable time after the decision was made if the Tribunal, on application by the person who made the request, declares that the request was made within a reasonable time after the decision was made.
Public interest certificate (2) If the Attorney‑General certifies, by writing signed by him or her, that the disclosure of any matter contained in a statement prepared in accordance with subsection (1) would be contrary to the public interest:
(a) by reason that it would prejudice the security, defence or international relations of Australia;
(b) by reason that it would involve the disclosure of deliberations of the Cabinet or of a Committee of the Cabinet; or
(c) for any other reason specified in the certificate that could form the basis for a claim by the Crown in right of the Commonwealth in a judicial proceeding that the matter should not be disclosed;
subsections (3) and (3A) have effect.
(3) A person to whom a request for a statement in relation to a decision is made under subsection (1):
(a) is not required to include in the statement any matter in relation to which the Attorney‑General has given a certificate under subsection (2); and
(b) where the statement would be false or misleading if it did not include such matter—is not required by subsection (1) to give the statement to the applicant.
(3A) Where a certificate is given under subsection (2) in relation to matter contained in a statement prepared in accordance with subsection (1) in relation to a decision:
(a) the person who made the decision shall notify the applicant in writing:
(i) in a case where the matter is not included in the statement—that the matter is not so included and giving the reason for not including the matter; or
(ii) in a case where the statement is not given—that the statement will not be given and giving the reason for not giving the statement; and
(b) subsections 36(2), (3), (3A) and (4) and 36D(1) to (6), inclusive, apply in relation to any statement referred to in paragraph 37(1)(a) in relation to that decision that is lodged with the Tribunal under section 37 as if the certificate were a certificate given under subsection 36(1) in relation to any such matter that is contained in the last‑mentioned statement.
When applicant not entitled to request statement of reasons (4) The applicant is not entitled to make a request under subsection (1) if:
(a) the decision sets out the findings on material questions of fact, refers to the evidence or other material on which those findings were based and gives the reasons for the decision, and a document setting out the terms of the decision has been given to him or her; or
(b) a statement in writing setting out 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 has already been given to him or her.
Inadequate statement of reasons (5) An applicant who has been given a statement under subsection (1) may apply to the Tribunal for a declaration that the statement does not contain one or more of the following:
(a) adequate particulars of findings on material questions of fact;
(b) an adequate reference to the evidence or other material on which those findings were based;
(c) adequate particulars of the reasons for the decision.
(6) If the Tribunal makes the declaration, the person to whom the request for the statement was made must, as soon as practicable and no later than 28 days after the day the declaration was made, give the applicant an additional statement containing further and better particulars in relation to the matters specified in the declaration.
(1) An application to the Tribunal for a review of a decision:
(a) must be made:
(i) in writing; or
(ii) if the decision is reviewable in the Social Services and Child Support Division—in writing or by making an oral application in person at, or by telephone to, a Registry of the Tribunal; and
Note: For oral applications, see also section 29AA.
(b) must be accompanied by any prescribed fee; and
(c) unless paragraph (ca) or (cb) applies or the application was oral—must contain a statement of the reasons for the application; and
(ca) in respect of an application made under subsection 54(1) or 83B(1) of the
Australian Security Intelligence Organisation Act 1979 for review of a security assessment or a security clearance suitability assessment—must be accompanied by:(i) a copy of the assessment or suitability assessment as given to the applicant; and
(ii) a statement indicating any part or parts of the assessment or suitability assessment with which the applicant does not agree and setting out the grounds on which the application is made; and
(cb) in respect of an application under subsection 54(2) or 83B(2) of the
Australian Security Intelligence Organisation Act 1979 —must be accompanied by a statement setting out the grounds on which the application is made;(d) if the terms of the decision were recorded in writing and set out in a document that was given to the applicant or the decision is deemed to be made by reason of the operation of subsection 25(5) or (5A)—shall be lodged with the Tribunal within the prescribed time.
Note: Paragraph 33(1)(c) provides that the Tribunal is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks appropriate.
Address at which documents may be given (1A) If, in an application, a person does not provide an address at which documents in relation to the proceeding may be given, any address of the person shown in the application, or later notified to the Tribunal as an address at which such documents may be given, is taken to be an address provided by the person at which such documents may be given.
Prescribed time for making applications—general (2) Subject to subsection (3), the prescribed time for the purposes of paragraph (1)(d) is the period commencing on the day on which the decision is made and ending on the twenty‑eighth day after:
(a) if the decision sets out the findings on material questions of fact and the reasons for the decision—the day on which a document setting out the terms of the decision is given to the applicant; or
(b) if the decision does not set out those findings and reasons:
(i) if a statement in writing setting out those findings and reasons is given to the applicant otherwise than in pursuance of a request under subsection 28(1) not later than the twenty‑eighth day after the day on which a document setting out the terms of the decision is given to the applicant—the day on which the statement is so given;
(ii) if the applicant, in accordance with subsection 28(1), requests the person who made the decision to give a statement as mentioned in that subsection—the day on which the statement is given or the applicant is notified in accordance with subsection 28(3A) that the statement will not be given; or
(iii) in any other case—the day on which a document setting out the terms of the decision is given to the applicant.
Prescribed time for making applications—decision‑maker’s failure to meet deadline (3) In the case of a decision that is deemed to be made by reason of the operation of subsection 25(5) or (5A), the prescribed time for the purposes of paragraph (1)(d) is the period commencing on the day on which the decision is deemed to be made and ending:
Schedule 3 (items 1, 5): 7 Dec 2009 | Sch. 3 (item 5) [in part] | |||
Freedom of Information Amendment (Reform) Act 2010 | 51, 2010 | 31 May 2010 | Sch 6 (items 41A, 41B): 1 Nov 2010 (s 2(1) item 7) | — |
Territories Law Reform Act 2010 | 139, 2010 | 10 Dec 2010 | Schedule 1 (items 126–154): 1 Jan 2011 | — |
Acts Interpretation Amendment Act 2011 | 46, 2011 | 27 June 2011 | Schedule 2 (items 32–34) and Schedule 3 (items 10, 11): 27 Dec 2011 | Sch. 3 (items 10, 11) |
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 | 58, 2011 | 28 June 2011 | Sch 1 (items 1–3): 1 July 2011 (s 2(1) item 2) | — |
Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Act 2011 | 187, 2011 | 7 Dec 2011 | Schedule 1 (items 1–3): 7 Dec 2011 | — |
Access to Justice (Federal Jurisdiction) Amendment Act 2012 | 186, 2012 | 11 Dec 2012 | Schedule 5: 11 June 2013 | Sch. 5 (item 4) |
Federal Circuit Court of Australia (Consequential Amendments) Act 2013 | 13, 2013 | 14 Mar 2013 | Sch 1 (items 3–7) and Sch 2 (item 2): 12 Apr 2013 (s 2(1) items 2, 3) | — |
National Disability Insurance Scheme Legislation Amendment Act 2013 | 44, 2013 | 28 May 2013 | Schedule 2 (items 1–3): 29 May 2013 | — |
Statute Law Revision Act 2013 | 103, 2013 | 29 June 2013 | Schedule 3 (items 21, 22, 343): 29 June 2013 | Sch. 3 (item 343) |
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014 | 62, 2014 | 30 June 2014 | Sch 6 (item 1), Sch 7 (items 70–75) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 |
| ||||
| 36, 2015 | 13 Apr 2015 | Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
| ||||
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | — |
| 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | — |
National Security Legislation Amendment Act (No. 1) 2014 | 108, 2014 | 2 Oct 2014 | Sch 1 (items 31–33, 78–87): 30 Oct 2014 (s 2(1) item 2) | Sch 1 (items 78–87) |
Norfolk Island Legislation Amendment Act 2015 | 59, 2015 | 26 May 2015 | Sch 1 (items 86–89) and Sch 2 (items 356–396): 18 June 2015 (s 2(1) items 2, 6) Sch 1 (items 184–203): 27 May 2015 (s 2(1) item 3) Sch 2 (item 33): 1 July 2016 (s 2(1) item 5) | Sch 1 (items 184–203) and Sch 2 (items 356–396) |
| ||||
| 33, 2016 | 23 Mar 2016 | Sch 2: 24 Mar 2016 (s 2(1) item 2) | — |
Tribunals Amalgamation Act 2015 | 60, 2015 | 26 May 2015 | Sch 1, Sch 2 (items 146, 147) and Sch 9: 1 July 2015 (s 2(1) items 2, 7, 22) | Sch 9 |
Civil Law and Justice (Omnibus Amendments) Act 2015 | 132, 2015 | 13 Oct 2015 | Sch 1 (items 1–6): 14 Oct 2015 (s 2(1) item 2) | Sch 1 (item 6) |
Counter‑Terrorism Legislation Amendment Act (No. 1) 2016 | 82, 2016 | 29 Nov 2016 | Sch 12 (items 10–14): 30 Nov 2016 (s 2(1) item 2) | — |
Statute Update (A.C.T. Self‑Government (Consequential Provisions) Regulations) Act 2017 | 13, 2017 | 22 Feb 2017 | Sch 1 (item 1): 22 Mar 2017 (s 2(1) item 2) | — |
Home Affairs and Integrity Agencies Legislation Amendment Act 2018 | 31, 2018 | 9 May 2018 | Sch 2 (items 1–10, 284): 11 May 2018 (s 2(1) items 3, 7) | Sch 2 (item 284) |
Foreign Investment Reform (Protecting Australia’s National Security) Act 2020 | 114, 2020 | 10 Dec 2020 | Sch 1 (items 221–224): 1 Jan 2021 (s 2(1) item 2) | — |
Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 | 13, 2021 | 1 Mar 2021 | Sch 2 (items 1–15): 1 Sep 2021 (s 2(1) item 5) | — |
Transport Security Amendment (Serious Crime) Act 2021 | 44, 2021 | 22 June 2021 | Sch 2 (items 1–3): 22 June 2022 (s 2(1) item 3) | — |
Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Act 2022 | 3, 2022 | 17 Feb 2022 | Sch 1 (items 1, 2): 17 Aug 2022 (s 2(1) item 2) Sch 1 (items 15–29, 32–44, 46–63, 65, 98–100): 18 Feb 2022 (s 2(1) item 3) | Sch 1 (items 23, 28, 32, 35, 42, 44, 60, 62, 100) |
Australian Security Intelligence Organisation Amendment Act 2023 | 33, 2023 | 28 June 2023 | Sch 1 (items 14–44): 1 July 2023 (s 2(1) item 1) | — |
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Act 2023 | 53, 2023 | 11 Aug 2023 | Sch 1 (items 25–30, 35): 12 Aug 2023 (s 2(1) item 1) | Sch 1 (item 35) |
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 3) Act 2024 | 24, 2024 | 21 May 2024 | Sch 2 (item 32): 22 May 2024 (s 2(1) item 7) | — |
62, 1980 | 26 Mar 1980 | 1 Apr 1980 (r 2) | — |
| |||
| 27 Nov 1980 | 27 Nov 1980 | — |
49, 1987 | 2 Apr 1987 | 2 Apr 1987 | r 2(2) |
s 2A........................................... | ad No 38, 2005 |
rs No 60, 2015 | |
s 3............................................. | am No 58, 1977; No 65, 1978; No 26, 1982; No 109, 1988; No 120, 1988; No 157, 1989; No 31, 1993; No 175, 1995; No 34, 1997; No 161, 1999; No 38, 2005; No 139, 2010; No 58, 2011; No 108, 2014; No 59, 2015; No 60, 2015; No 31, 2018; No 33, 2023; No 53, 2023; No 24, 2024 |
ss. 3A, 3B................................... | ad. No. 109, 1988 |
rep. No. 38, 2005 | |
s. 4............................................ | am. No. 58, 1977 |
Division 1 heading...................... | ad. No. 38, 2005 |
s 5............................................. | am No 26, 1982; No 175, 1995; No 60, 2015 |
Division 2 heading...................... | ad. No. 38, 2005 |
s 5A........................................... | ad No 60, 2015 |
s 6............................................. | am. No. 58, 1977 |
rs. No. 26, 1982 | |
am No 60, 2015 | |
s 7............................................. | am No 26, 1982; No 175, 1995; No 43, 1996; No 38, 2005 |
rs No 60, 2015 | |
am No 13, 2021 | |
s. 7A.......................................... | ad. No. 111, 1977 |
am. No. 175, 1995 | |
s 8............................................. | rs No 26, 1982; No 120, 1988 |
am No 159, 2001; No 38, 2005; No 60, 2015 | |
s. 8A.......................................... | ad. No. 84, 1994 |
am. No. 60, 1996 | |
rep. No. 38, 2005 | |
s. 9............................................ | rs. No. 58, 1977; No. 26, 1982 |
am. No. 175, 1995; No. 43, 1996 | |
s 10............................................ | rs No 58, 1977 |
am No 26, 1982; No 175, 1995; No 43, 1996; No 38, 2005; No 60, 2015; No 3, 2022 | |
s 10A......................................... | ad No 58, 1977 |
am No 26, 1982; No 175, 1995 | |
rs No 60, 2015 | |
s. 10B........................................ | ad. No. 26, 1982 |
am. No. 175, 1995 | |
s 11............................................ | rs No 26, 1982 |
am No 175, 1995 | |
rs No 60, 2015 | |
s 12............................................ | rs No 122, 1991 |
am No 146, 1999 | |
rs No 60, 2015 | |
s 13............................................ | am No 58, 1977; No 26, 1982; No 94, 1992; No 175, 1995; No 38, 2005; No 26, 2008; No 58, 2011 |
rs No 60, 2015 | |
s 14............................................ | am No 175, 1995 |
rs No 60, 2015 | |
s. 15........................................... | am. No. 175, 1995 |
rs. No. 38, 2005 | |
s. 16........................................... | am. No. 58, 1977 |
rs. No. 72, 1984 | |
am. No. 65, 1985; Nos. 109 and 120, 1988; No. 94, 1992; No. 43, 1996; No. 64, 2003 | |
rep. No. 38, 2005 | |
s. 17........................................... | rs. No. 58, 1977 |
rep. No. 72, 1984 | |
Part III....................................... | rs No 60, 2015 |
Division 1 heading...................... | ad No 38, 2005 |
rs No 60, 2015 | |
s 17A......................................... | ad No 60, 2015 |
s 17B......................................... | ad No 60, 2015 |
am No 33, 2023; No 53, 2023 | |
s 17C......................................... | ad No 60, 2015 |
s 17CA....................................... | ad No 60, 2015 |
s 17D......................................... | ad No 60, 2015 |
s 17E......................................... | ad No 60, 2015 |
s 17F.......................................... | ad No 60, 2015 |
s 17G......................................... | ad No 60, 2015 |
s 17H......................................... | ad No 60, 2015 |
s 17J.......................................... | ad No 60, 2015 |
s 17K......................................... | ad No 60, 2015 |
s 17L......................................... | ad No 60, 2015 |
am No 3, 2022 | |
s 18............................................ | am No 58, 1977; No. 91, 1983 |
rep No 72, 1984 | |
Division 2 heading...................... | ad No 38, 2005 |
rs No 60, 2015 | |
s 18A......................................... | ad No 60, 2015 |
s 18B......................................... | ad No 60, 2015 |
s 18C......................................... | ad No 60, 2015 |
Division 3 heading...................... | ad No 38, 2005 |
rs No 60, 2015 | |
s 19............................................ | am No 48, 1986; No 175, 1995; No 161, 1999; No 38, 2005; No 44, 2013; No 108, 2014 |
rep No 60, 2015 | |
s 19A......................................... | ad No 60, 2015 |
s 19B......................................... | ad No 60, 2015 |
am No 3, 2022 | |
s 19C......................................... | ad No 60, 2015 |
s 19D......................................... | ad No 60, 2015 |
am No 3, 2022 | |
s 19E......................................... | ad No 60, 2015 |
am No 33, 2023 | |
s 19F.......................................... | ad No 60, 2015 |
am No 53, 2023 | |
s 20............................................ | am No 58, 1977; No 31, 1993; No 175, 1995; No 38, 2005 |
rep No 60, 2015 | |
s 20A......................................... | ad No 38, 2005 |
rep No 60, 2015 | |
s 20B......................................... | ad No 38, 2005 |
rep No 60, 2015 | |
s. 21........................................... | am. No. 58, 1977; No. 143, 1979; No. 26, 1982; No. 31, 1993; No. 175, 1995; No. 38, 2005 |
rep No 60, 2015 | |
s 21AA...................................... | ad No 175, 1995 |
am No 161, 1999; No 7, 2005; No 38, 2005; No 21, 2007; No 99, 2009; No 108, 2014 | |
rep No 60, 2015 | |
s 21AB....................................... | ad No 99, 2009 |
am No 108, 2014 | |
rep No 60, 2015 | |
s 21A......................................... | ad No 58, 1977 |
am No 26, 1982; No 31, 1993; No 175, 1995; No 34, 1997; No 38, 2005 | |
rep No 60, 2015 | |
s 22............................................ | rs No 58, 1977 |
am No 26, 1982; No 31, 1993; No 175, 1995; No 38, 2005 | |
rep No 60, 2015 | |
s 23............................................ | am No 58, 1977; No 175, 1995 |
rs No 38, 2005 | |
rep No 60, 2015 | |
s 23A......................................... | ad No 175, 1995 |
rs No 38, 2005 | |
rep No 60, 2015 | |
s 23B......................................... | ad No 175, 1995 |
rs No 38, 2005 | |
rep No 60, 2015 | |
s 23C......................................... | ad No 38, 2005 |
rep No 60, 2015 | |
s 23D......................................... | ad No 38, 2005 |
am No 13, 2013 | |
rep No 60, 2015 | |
s 23E......................................... | ad No 38, 2005 |
rep No 60, 2015 | |
s 23F.......................................... | ad No 38, 2005 |
rep No 60, 2015 | |
s 24............................................ | am No 58, 1977 |
rep No 38, 2005 | |
Part IIIAA.................................. | ad No 34, 1997 |
rep No 60, 2015 | |
s 24AA...................................... | ad No 34, 1997 |
rep No 60, 2015 | |
s 24AB....................................... | ad No 34, 1997 |
rep No 60, 2015 | |
s 24AC....................................... | ad No 34, 1997 |
am No 67, 2003 | |
rep No 60, 2015 | |
s 24AD...................................... | ad No 34, 1997 |
rep No 60, 2015 | |
Part IIIA..................................... | ad. No. 157, 1989 |
s 24A......................................... | ad No 157, 1989 |
am No 122, 2009 | |
rs No 60, 2015 | |
s. 24B........................................ | ad. No. 157, 1989 |
Division 1A................................ | ad No 62, 2014 |
s 24BA....................................... | ad No 62, 2014 |
am No 60, 2015 | |
s 24C......................................... | ad No 157, 1989 |
s 24D......................................... | ad No 157, 1989 |
am No 62, 2014; No 60, 2015 | |
s 24E......................................... | ad No 157, 1989 |
am No 60, 2015 | |
s 24F.......................................... | ad No 157, 1989 |
am No 159, 2001; No 60, 2015 | |
s 24G......................................... | ad No 157, 1989 |
rs No 122, 1991 | |
am No 146, 1999; No 60, 2015 | |
s. 24H........................................ | ad. No. 157, 1989 |
rs. No. 38, 2005 | |
s. 24J......................................... | ad. No. 157, 1989 |
s 24K......................................... | ad No 157, 1989 |
am No 94, 1992; No 26, 2008; No 58, 2011 | |
rs No 60, 2015 | |
s. 24L........................................ | ad. No. 157, 1989 |
am No 62, 2014 | |
s 24M........................................ | ad No 157, 1989 |
am No 46, 2011; No 60, 2015 | |
s 24N......................................... | ad No 157, 1989 |
am No 175, 1995; No 146, 1999 | |
rs No 60, 2015 | |
am No 60, 2015 | |
s 24P.......................................... | ad No 157, 1989 |
am No 175, 1995 | |
rs No 146, 1999; No 60, 2015 | |
am No 3, 2022 | |
s 24PA....................................... | ad No 60, 2015 |
rs No 3, 2022 | |
s. 24Q........................................ | ad. No. 157, 1989 |
s 24R......................................... | ad No 157, 1989 |
rs No 152, 1997 | |
am No 62, 2014; No 60, 2015 | |
ss. 24S, 24T................................ | ad. No. 157, 1989 |
rep. No. 152, 1997 | |
s. 24U........................................ | ad. No. 157, 1989 |
rep. No. 136, 1991 | |
s 24V......................................... | ad No 157, 1989 |
rep No 60, 2015 | |
s 24W........................................ | ad No 157, 1989 |
Division 1A................................ | ad No 60, 2015 |
s 24Z......................................... | ad No 60, 2015 |
Division 1 heading...................... | ad. No. 38, 2005 |
s 25............................................ | am No 58, 1977; No 65, 1978; No 26, 1982; No 175, 1995; No 43, 1996; No 38, 2005; No 139, 2010; No 60, 2015; No 114, 2020 |
s 26............................................ | am No 58, 1977; No 26, 1982 |
rep No 111, 1990 | |
ad No 175, 1995 | |
am No 139, 2010; No 60, 2015 | |
s. 27........................................... | am. No. 58, 1977; No. 175, 1995; No. 161, 1999; No. 139, 2010 |
s 27AA...................................... | ad No 175, 1995 |
am No 161, 1999; No 33, 2023 | |
s. 27A........................................ | ad. No. 165, 1992 |
am. No. 104, 1994; No. 156, 1999; No. 55, 2001; No. 139, 2010 | |
s. 27B........................................ | ad. No. 165, 1992 |
am No. 103, 2013 | |
s 28............................................ | am No 58, 1977; No 143, 1979; No 26, 1982; No 120, 1988; No 175, 1995; No 38, 2005; No 60, 2015 |
s 29............................................ | rs No 58, 1977 |
am No 26, 1982; No 31, 1993; No 175, 1995; No 161, 1999; No 38, 2005; No 139, 2010; No 60, 2015; No 33, 2023 | |
s 29AA...................................... | ad No 60, 2015 |
s 29AB....................................... | ad No 60, 2015 |
s 29AC....................................... | ad No 60, 2015 |
am No 132, 2015 | |
s. 29A........................................ | ad. No. 31, 1993 |
rep. No. 186, 2012 | |
s 29B......................................... | ad No 175, 1995 |
am No 60, 2015; No 82, 2016; No 33, 2023 | |
Division 2 heading...................... | ad. No. 38, 2005 |
s 30............................................ | am No 58, 1977; No 26, 1982; No 175, 1995; No 38, 2005; No 60, 2015; No 33, 2023 |
s 30A......................................... | ad No 26, 1982 |
am No 175, 1995; No 60, 2015; No 33, 2023 | |
s 31............................................ | am No 175, 1995; No 60, 2015; No 33, 2023 |
s 32............................................ | rs No 60, 2015 |
s 33............................................ | am No 26, 1982; No 31, 1993; No 38, 2005; No 60, 2015 |
s 33A......................................... | ad No 60, 2015 |
am No 33, 2023 | |
Division 3 heading...................... | ad. No. 38, 2005 |
s 34............................................ | am No 58, 1977; No 26, 1982; No 31, 1993; No 175, 1995 |
rs No 38, 2005; No 60, 2015; No 3, 2022 | |
am No 33, 2023 | |
s 34A......................................... | ad No 31, 1993 |
am No 175, 1995; No 34, 1997; No 67, 2003 | |
rs No 38, 2005; No 60, 2015 | |
am No 3, 2022 | |
s 34B......................................... | ad No 38, 2005 |
rep No 60, 2015 | |
s 34C......................................... | ad No 38, 2005 |
rep No 60, 2015 | |
s 34D......................................... | ad No 38, 2005 |
am No 60, 2015; No 3, 2022 | |
s 34E......................................... | ad No 38, 2005 |
s 34F.......................................... | ad No 38, 2005 |
s 34G......................................... | ad No 38, 2005 |
rep No 60, 2015 | |
s 34H......................................... | ad No 38, 2005 |
Division 4 heading...................... | ad. No. 38, 2005 |
s 34B......................................... | ad No 175, 1995 |
renum No 38, 2005 | |
s 34J (prev s 34B)....................... | am No 3, 2022 |
s 35............................................ | am No 58, 1977; No 26, 1982; No 31, 1993; No 175, 1995; No 38, 2005 |
rs No 60, 2015 | |
am No 132, 2015; No 33, 2023 | |
s 35AA...................................... | ad No 175, 1995 |
rs No 60, 2015 | |
am No 33, 2023 | |
s 35A......................................... | ad No 31, 1993 |
am No 175, 1995; No 38, 2005 | |
rep No 60, 2015 | |
s 36............................................ | am No 58, 1977; No 26, 1982; No 120, 1988; No 175, 1995; No 38, 2005; No 60, 2015; No 33, 2023 |
s 36A......................................... | ad No 58, 1977 |
am No 26, 1982; No 120, 1988; No 175, 1995; No 194, 1999; No 38, 2005; No 60, 2015; No 33, 2023 | |
s 36AA...................................... | ad No 13, 2017 |
s 36B......................................... | ad No 120, 1988 |
am No 175, 1995; No 38, 2005; No 139, 2010; No 59, 2015; No 60, 2015; No 33, 2023 | |
s 36C......................................... | ad No 120, 1988 |
am No 175, 1995; No 194, 1999; No 38, 2005; No 139, 2010; No 59, 2015; No 60, 2015; No 33, 2023 | |
s 36D......................................... | ad No 120, 1988 |
am No 157, 1989; No 175, 1995; No 38, 2005; No 139, 2010; No 59, 2015; No 60, 2015; No 33, 2023 | |
s 37............................................ | rs No 58, 1977 |
am No 143, 1979; No 26, 1982; No 175, 1995; No 38, 2005; No 60, 2015; No 33, 2023 | |
s 38............................................ | rs No 58, 1977 |
am No 175, 1995 | |
rs No 60, 2015 | |
am No 33, 2023 | |
s 38AA...................................... | ad No 60, 2015 |
s 38A......................................... | ad No 175, 1995 |
am No 161, 1999; No 31, 2018; No 33, 2023 | |
s 39............................................ | am No 120, 1988; No 175, 1995; No 60, 2015; No 3, 2022; No 33, 2023 |
s 39AA...................................... | ad No 60, 2015 |
am No 3, 2022 | |
s 39A......................................... | ad No 175, 1995 |
am No 161, 1999; No 38, 2005; No 108, 2014; No 60, 2015; No 132, 2015; No 82, 2016; No 31, 2018 | |
s 39BA....................................... | ad No 33, 2023 |
s 39B......................................... | ad No 175, 1995 |
am No 161, 1999; No 38, 2005; No 60, 2015; No 31, 2018; No 33, 2023 | |
s 39C......................................... |
ad No 33, 2023 | |
Division 5 heading...................... | ad. No. 38, 2005 |
s 40............................................ | am No 58, 1977; No 31, 1993; No 175, 1995; No 38, 2005; No 60, 2015 |
s 40A......................................... | ad No 60, 2015 |
am No 3, 2022 | |
s 40B......................................... | ad No 60, 2015 |
am No 3, 2022 | |
s 41............................................ | rs No 58, 1977; No 143, 1979 |
am No 26, 1982; No 38, 2005; No 60, 2015 | |
s 42............................................ | rs No 38, 2005; No 60, 2015 |
am No 53, 2023 | |
s 42A......................................... | ad No 58, 1977 |
am No 31, 1993; No 38, 2005; No 60, 2015; No 132, 2015; No 3, 2022 | |
s 42B......................................... | ad No 31, 1993 |
rs No 60, 2015 | |
s 42C......................................... | ad No 31, 1993 |
am No 38, 2005; No 60, 2015 | |
s 42D......................................... | ad No 175, 1995 |
am No 38, 2005; No 60, 2015 | |
Division 6 heading...................... | ad. No. 38, 2005 |
s 43............................................ | am No 157, 1976; No 58, 1977; No 65, 1978; No 143, 1979; No 26, 1982; No 120, 1988; No 175, 1995; No 43, 1996; No 161, 1999; No 194, 1999; No 38, 2005; No 13, 2013; No 60, 2015 |
ed C45 | |
am No 13, 2021; No 33, 2023 | |
Division 7 heading...................... | ad. No. 38, 2005 |
s 43AAA.................................... | ad No 175, 1995 |
am No 161, 1999; No 38, 2005; No 60, 2015; No 82, 2016; No 31, 2018; No 33, 2023 | |
s 43AAB.................................... | ad No 33, 2023 |
s 43AA...................................... | ad No 175, 1995 |
am No 38, 2005; No 3, 2022 | |
s 43A......................................... | ad No 58, 1977 |
am No 26, 1982; No 194, 1999; No 38, 2005; No 13, 2013 | |
rep No 60, 2015 | |
Part IVA heading........................ | ad. No. 57, 2000 |
s. 43B........................................ | ad. No. 57, 2000 |
am. No. 38, 2005; No. 139, 2010 | |
s 43C......................................... | ad No 60, 2015 |
s 44............................................ | am No 157, 1976; No 58, 1977; No 143, 1979; No 120, 1988; No 31, 1993; No 175, 1995; No 60, 1996; No 38, 2005; No 60, 2015; No 13, 2021 |
s 44AAA.................................... | ad No 60, 2015 |
am No 13, 2021 | |
s. 44AA..................................... | ad. No. 194, 1999 |
am. No. 157, 2001; No. 38, 2005; No. 13, 2013; No 13, 2021 | |
s. 44A........................................ | ad. No. 143, 1979 |
am. No. 194, 1999; No. 38, 2005; No. 13, 2013; No 13, 2021 | |
s 45............................................ | am No 157, 1976; No 58, 1977; No 34, 1997; No 38, 2005; No 60, 2015 |
s 46............................................ | am No 157, 1976; No 58, 1977; No 26, 1982; No 120, 1988; No 175, 1995; No 194, 1999; No 38, 2005; No 13, 2013; No 60, 2015; No 114, 2020; No 13, 2021; No 44, 2021; No 33, 2023 |
s. 49........................................... | am. No. 58, 1977; No. 143, 1979; No. 65, 1985; No. 38, 1988; No. 38, 1996; No. 125, 1999; No. 51, 2010; No. 187, 2011 |
s. 50........................................... | am. No. 143, 1979; No. 175, 1995 |
rs. No. 125, 1999 | |
s 51............................................ | am. No. 125, 1999 |
ed C45 | |
ss. 51A–51C............................... | ad. No. 125, 1999 |
s. 52........................................... | am. No. 175, 1995; No. 125, 1999; No. 38, 2005 |
s. 53........................................... | am. No. 175, 1995; No. 43, 1996 |
s. 54........................................... | am. No. 175, 1995 |
rs. No. 38, 2005 | |
s. 55........................................... | am. No. 175, 1995 |
s. 56........................................... | am. No. 58, 1977; No. 143, 1979; No. 38, 1988; No. 175, 1995; No. 38, 2005; No. 187, 2011 |
s. 57........................................... | am. No. 146, 1999 |
s. 58........................................... | am. No. 58, 1977; No. 38, 2005 |
s. 59........................................... | am. No. 139, 2010 |
s 59A......................................... | ad No 38, 2005 |
rs No 60, 2015 | |
am No 3, 2022 | |
s 59B......................................... | ad No 60, 2015 |
am No 3, 2022 | |
s 60............................................ | am No 31, 1993; No 175, 1995; No 38, 2005; No 60, 2015; No 3, 2022 |
s 61............................................ | am No 31, 1993; No 175, 1995 |
rs No 38, 2005; No 60, 2015 | |
s 62............................................ | am No 175, 1995 |
rs No 38, 2005 | |
am No 60, 2015 | |
s 62A......................................... | ad No 26, 1982 |
am No 175, 1995 | |
rs No 38, 2005 | |
am No 60, 2015 | |
s. 62B........................................ | ad. No. 31, 1993 |
am. No. 38, 2005 | |
s 62C......................................... | ad No 60, 2015 |
s 63............................................ | am No 175, 1995 |
rs No 38, 2005; No 60, 2015 | |
s 64............................................ | am No 175, 1995; No 38, 2005 |
rs No 60, 2015 | |
s 65............................................ | am No 143, 1979 |
rs No 157, 1989; No 175, 1995 | |
rep No 60, 2015 | |
s 66............................................ | rs No 58, 1977 |
am No 193, 1985; No 120, 1988; No 175, 1995; No 161, 1999; No 38, 2005; No 139, 2010; No 60, 2015 | |
s. 66A........................................ | ad. No. 175, 1995 |
am. No. 139, 2010 | |
s 66B......................................... | ad No 60, 2015 |
s 67............................................ | am No 58, 1977; No 175, 1995; No 38, 2005 |
rs No 60, 2015 | |
s 67A......................................... | ad No 58, 1977 |
am No 63, 1984; No 38, 2005; No 139, 2010; No 59, 2015 | |
s 68............................................ | am No 31, 1993; No 175, 1995 |
rs No 60, 2015; No 132, 2015 | |
s 68AA...................................... | ad No 38, 2005 |
rs No 60, 2015 | |
s 68A......................................... | ad No 175, 1995 |
am No 60, 2015 | |
s 69............................................ | am No 58, 1977; No 175, 1995; No 60, 2015 |
s 69A......................................... | ad No 175, 1995 |
rs No 60, 2015 | |
am No 3, 2022 | |
s 69B......................................... | ad No 175, 1995 |
am No 161, 1999; No 60, 2015; No 33, 2023 | |
s 69BA....................................... | ad No 60, 2015 |
am No 3, 2022 | |
s 69C......................................... | ad No 186, 2012 |
am No 60, 2015 | |
s. 70........................................... | am. No. 58, 1977; No. 175, 1995; No. 186, 2012 |
Schedule heading........................ | rep. No. 26, 1982 |
Schedule 1 heading...................... | ad. No. 26, 1982 |
rep. No. 111, 1990 | |
Schedule.................................... | am. Nos. 60, 89, 91, 162, 163 and 209, 1976; Nos. 30, 57 and 58, 1977; Nos. 19 and 143, 1979; No. 110, 1980; Statutory Rules 1980 No. 62 (as am. by Statutory Rules 1980 No. 335); Nos. 19 and 61, 1981 |
Schedule 1.................................. | am. No. 80, 1982; Statutory Rules 1987 No. 49; No. 63, 1988 |
rep. No. 111, 1990 | |
Schedule 2.................................. | ad. No. 26, 1982 |
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