Administrative Appeals Tribunal Amendment Act 1978 (Cth)

ADMINISTRATIVE APPEALS TRIBUNAL AMENDMENT ACT 1978

No. 65 of 1978

An Act to amend the Administrative Appeals Tribunal Act 1975 for purposes related to the self-government of the Northern Territory.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Administrative Appeals Tribunal Amendment Act 1978.

(2) The Administrative Appeals Tribunal Act 1975 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on 1 July 1978.

interpretation

3. Section 3 of the Principal Act is amended by inserting in paragraph (b) of the definition of “enactment” in sub-section (1) “other than the Northern Territory” after “Territory”.

Tribunal may review certain decisions

4. Section 25 of the Principal Act is amended—

(a) by inserting in sub-section (2) “, other than the Northern Territory” after “Territory”; and

(b) by adding at the end thereof the following sub-sections:

“(8) 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 Northern Territory enactment.

“(9) The provisions of sub-sections (3), (3a), (4), (6) and (6a) apply in relation to regulations made for the purposes of sub-section (8) in like manner as they apply in relation to an enactment.

“(10) The reference in sub-section (5) to an enactment shall be read as including a reference to a Northern Territory enactment in relation to which regulations have been made for the purposes of this section.

“(11) Regulations made for the purposes of this section in relation to a Northern Territory enactment have effect notwithstanding anything contained in that enactment or in any other law of the Northern Territory.

“(12) In this section, ‘Northern Territory enactment’ means a law, or part of a law, of the Northern Territory, other than a law, or part of a law, relating to matters in respect of which the Ministers of the Territory have executive authority under the Northern Territory (Self-Government) Act 1978.”.

Review by Tribunal

5. Section 43 of the Principal Act is amended by adding at the end thereof the following sub-section:

“(7) In this section ‘enactment’ includes a law of the Northern Territory in relation to which regulations have been made for the purposes of section 25.”.

Saving

6. A provision of an Ordinance of the Northern Territory, being a provision made under section 25 of the Principal Act and in force immediately before the date of commencement of this Act, has effect on and after that date as if the Principal Act had not been amended by this Act.