Administrative Appeals Tribunal Regulations 1976 (Cth)
made under the
This is a compilation of the
This compilation was prepared on 20 February 2014.
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.
If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.
If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.
Contents
These Regulations are the
Administrative Appeals Tribunal Regulations 1976 .
These Regulations shall come into operation on 1 July 1976.
(1) In these Regulations, unless the contrary intention appears:
Act means theAdministrative Appeals Tribunal Act 1975 .
authorised officer means:
(a) for item 11 of the table in Part 2 of Schedule 4—a person appointed to be an authorised officer in accordance with section 61 of the
Building Act 2002 of the Territory of Norfolk Island; and(b) for item 21 of the table in Part 2 of Schedule 4—a person appointed to be an authorised officer in accordance with section 141 of the
Environment Act 1990 of the Territory of Norfolk Island; and(c) for item 35 of the table in Part 2 of Schedule 4—a person appointed to be an authorised officer in accordance with section 94 of the
Planning Act 2002 of the Territory of Norfolk Island; and(d) elsewhere in these Regulations—a Registrar or Deputy Registrar appointed in accordance with section 12 of the
Supreme Court Act 1960 of the Territory of Norfolk Island.
(2) A District Registrar and a Deputy Registrar:
(a) have all the powers and duties conferred on the Registrar under these Regulations, except the power under regulation 20B; and
(b) may perform all the functions that the Registrar may perform under these Regulations.
(3)In these Regulations, a reference to a form by number shall be read as a reference to the form so numbered in Schedule 1.
(1)The seal of the Tribunal shall be of a design approved by the President and shall include:
(a) the Coat of Arms of the Commonwealth of Australia, that is to say, the armorial ensigns and supporters granted to the Commonwealth by Royal Warrant dated 19 September 1912; and
(b) the words “Administrative Appeals Tribunal”.
(2)There shall be kept at each Registry, in such custody as the President directs, a seal of the Tribunal, and any of those seals may be used as the seal of the Tribunal.
(3) The seal of the Tribunal shall be affixed by or with the authority of the Tribunal to such documents as are required by a direction of a presidential member to be sealed with the seal of the Tribunal.
For the purposes of subsection 19(2) of the Act, the Veterans’ Appeals Division is a Division of the Tribunal.
(1)For the purposes of paragraph 29(1)(b) of the Act, the prescribed form is Form 1.
(2)An application under subsection 29(7) of the Act may be made in accordance with Form 2.
(3)For the purposes of subsection 29(10) of the Act, the prescribed time is 14 days.
(4)Notice may be given to the Tribunal under subsection 29(10) of the Act by lodging with the Registrar a notice in writing in accordance with Form 3.
(5)For the purposes of subsection 29(11) of the Act, the prescribed form is Form 4.
(6)Where, after a notice in accordance with Form 4 has been issued, the Tribunal has made an order under subsection 37(1A) of the Act, the Registrar shall serve on the person who made the decision to which the order relates an amended notice in accordance with Form 4.
Without otherwise limiting the power of the President to give directions under subsection 20(1) of the Act, an application made or, because of section 60 of the
Veterans’ Affairs (1994‑95 Budget Measures) Legislation Amendment Act 1994 , taken to have been made, under section 175 of theVeterans’ Entitlement Act 1986 shall be dealt with in the Veterans’ Appeals Division of the Tribunal.
Without otherwise limiting the power of the President to give directions under subsection 20(1) of the Act, an application to the Tribunal to review a decision of the Commissioner of Taxation made under the
Pay‑roll Tax Assessment Act 1941 or under a taxation law within the meaning of section 2 of theTaxation Administration Act 1953 shall be dealt with in the Taxation Appeals Division of the Tribunal.
(1)In this regulation, unless the contrary intention appears:
relevant decision means a decision to which section 1317B of the Corporations Law applies that was made by the Australian Securities Commission on or after 11 December 1993.
the Commission is taken to include a reference to a delegate of the Commission.(2)For the purposes of paragraph 27A(2)(e) of the Act, it is declared that subsection 27A(1) of the Act does not apply to a relevant decision.
(3)Subject to subregulation (5), the Commission must take steps that are reasonable in the circumstances to give notice, in accordance with subregulation (4), to each person whose interests are affected by a relevant decision.
(4)The notice may be in writing or otherwise, and must tell the person to whom it is given:
(a) of the making of the relevant decision; and
(b) of the right of the person to have that decision reviewed under section 1317B of the Corporations Law.
(5)The Commission need not give notice to a person if the Commission considers that it is not reasonably practicable to do so, having regard to:
(a) the cost of giving the notice; and
(b) the manner in which the person’s interests are affected by the relevant decision.
(6)Failure by the Commission to comply with subregulation (3) in relation to a decision does not affect the validity of the relevant decision.
(7) In exercising its powers under subsection 29(6) of the Act in relation to a relevant decision, the Tribunal must have regard to any absence of notice of that decision to the applicant for review.
(1)An application to be made a party to a proceeding by a person referred to in subsection 30(1A) of the Act shall be in writing and may be in accordance with Form 5.
(2)The Registrar shall, on receipt of an application referred to in subregulation (1), cause a notice in writing of the application to be served on the parties to the proceeding.
A request under subsection 37(1A) of the Act shall be made:
(a) by application in writing in accordance with Form 5A; or
(b) as the Tribunal, in a particular case, directs or allows.
A request under subsection 41(2) of the Act shall be made:
(a) by application in writing in accordance with Form 6; or
(b) as the Tribunal, or a presidential member, in a particular case:
(i) directs; or
(ii) allows.
A request under subsection 41(3) of the Act shall be made:
(a) by application in writing in accordance with Form 6A; or
(b) as the Tribunal, or a presidential member, in a particular case:
(i) directs; or
(ii) allows.
(1)The Registrar shall, on receipt of a request under subsection 41(2) or (3) of the Act, give notice of the request to the person who made the decision and to any other party to the proceeding.
(2)Notice under subregulation (1) shall be given:
(a) if the request under subsection 41(2) or (3) of the Act is lodged in writing with the Registrar—by causing a copy of the request to be served on the person who made the decision and on any other party to the proceeding; and
(b) in any other case—in such other manner as the Tribunal or a presidential member directs or allows in a particular case.
For the purposes of paragraph 42A(4)(b) of the Act, the prescribed time is 14 days.
(1)The Registrar shall cause the date on which a document was lodged or received at his office to be recorded on the document.
(2)The Registrar shall acknowledge in writing the receipt of an application under subsection 28(1B), 29(1) or 29(7) of the Act, of an application referred to in subregulation 6(1), or of a request under subsection 37(1A), 41(2) or 41(3) of the Act that is lodged in writing.
(3)For the purposes of subsection 68(2) of the Act, a document may be lodged with the Registrar by facsimile transmission or electronic mail.
(1)Subject to subregulation (2), a notice under subsection 21(2) of the Act shall be lodged with the Tribunal by delivering the notice to the Registrar not less than 7 days before the day on which the hearing to which the notice relates is to commence.
(2)A presidential member may, at any time before the hearing of a proceeding before the Tribunal, approve the giving of a notice under subsection 21(2) of the Act on, or on a day within 7 days before, the day on which the hearing is to commence, and, where he gives such an approval, the notice shall be lodged with the Tribunal by delivering the notice to the Registrar on or before the day specified by the presidential member in his approval and before the hearing of the proceeding commences.
A summons under subsection 40(1A) of the Act:
(a) shall be in accordance with Form 7, 8 or 9, as the case requires; and
(b) shall be served on a person by:
(i) delivering a copy of the summons to the person personally; and
(ii) showing the original of the summons to the person at the time at which the copy is delivered to him.
A person summoned to appear as a witness before the Tribunal shall be paid such fees, and allowances for expenses, in respect of his attendance, in accordance with Schedule 2, as determined by the Tribunal or by a presidential member.
(1) In this regulation:
lodge an address for service , in relation to a person, means give to the Registrar notice in writing of an address at which documents relating to a proceeding may be sent to that person.(2) A person may:
(a) lodge an address for service of documents in a proceeding; and
(b) at any time after lodging an address for service in a proceeding, lodge a new address for service in that proceeding.
(3)If a person lodges with the Registrar a new address for service under paragraph (2)(b):
(a) that new address becomes the person’s address for service in the proceeding; and
(b) he or she must, immediately after doing so, serve on every other party to the proceeding a notice of that new address for service.
(1) In this regulation:
document includes:
(a) a notice (other than a notice referred to in section 67A of the Act); and
(b) a statement.
(2) A document may be served:
(a) by personal service in the way set out in subregulation (3), (4), (5) or (6), as the case requires; or
(b) by post in the way set out in subregulation (7).
(3)A document may be served on an individual by handing a copy of it to him or her, or putting it down in his or her presence, and telling him or her its general nature.
(4)If the person to be served has lodged an address for service, a document may be served by handing a copy of it to a person at that address who:
(a) is apparently of the age of 16 years or over; and
(b) apparently lives at, or works at, that address.
(5)A document may be served on an individual who has not lodged an address for service at his or her residential or business address last known to the person serving the document, by handing a copy of the document to a person who:
(a) is apparently of the age of 16 years or over; and
(b) apparently lives at, or works at, that address.
(6)A document may be served on a corporation that has not lodged an address for service at its registered office, by handing a copy of the document to a person who:
(a) is apparently of the age of 16 years or over; and
(b) apparently lives at, or works at, the address of that office.
(7)A document may be served on a person by post by enclosing it in a prepaid letter addressed to the person at the address that is the person’s address for service under regulation 18 or, if the person has not lodged an address for service under that regulation, at:
(a) in the case of an individual—his or her residential or business address last known to the person posting the document; or
(b) in the case of a corporation—its registered office.
(8)If a document is served by post in accordance with subregulation (7), it is taken to be served on the day it is posted.
(1)Subject to this regulation, a fee of $777 (in this regulation called an
application fee ) is payable for lodging with the Tribunal of:
(a) an application for review of a decision, other than a relevant taxation decision within the meaning of Part IIIAA of the Act; or
(b) an application under subsection 28(1AC) of the Act; or
(c) an application under subsection 62(2) of the
Freedom of Information Act 1982 ;other than an application for review of a prescribed decision.
Note: This fee is subject to increase under regulation 19A.
(2) In this regulation,
prescribed decision means:
(a) a decision specified in Schedule 3; or
(b) a decision reviewable under the
Freedom of Information Act 1982 , being a decision made in relation to a document that relates to a decision specified in Schedule 3.(3)Subregulation (1) does not apply to a referral of a decision (being a referral that is deemed by an enactment to constitute an application to the Tribunal for review of the decision) where a fee is payable under a provision of that or another enactment on the lodgment of a request to refer the decision to the Tribunal.
(5) If 2 or more applications:
(a) relate to the same applicant; and
(b) may, in the opinion of the Registrar, a District Registrar or a Deputy Registrar, be conveniently heard before the Tribunal at the same time;
the Registrar, a District Registrar or a Deputy Registrar may order that only 1 fee is payable for those applications.
(6)A fee of $100 is payable instead of the application fee if:
(a) the person liable to pay the application fee has been granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney‑General, for the matter to which the application fee relates; or
(b) the person liable to pay the application fee is:
(i) the holder of one of the following cards issued by the Department of Family and Community Services:
(A) a health care card;
(B) a health benefit card;
(C) a pensioner concession card;
(D) a Commonwealth seniors health card; or
(ii) the holder of any other card issued by the Department of Family and Community Services or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or
(iii) an inmate of a prison or is otherwise lawfully detained in a public institution; or
(iv) a child under the age of 18 years; or
(v) in receipt of a youth allowance, or an austudy payment, within the meaning of the
Social Security Act 1991 ; or(vi) in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme.
(6A) If the Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day‑to‑day living expenses, liabilities and assets of a person liable to pay an application fee, considers that payment of the fee would cause financial hardship to the person, the Registrar, District Registrar or Deputy Registrar may order that a fee of $100 is payable instead of the application fee.
(6B) The fee for lodging an application is payable when the application is lodged.
(6C) If the fee is not paid at that time, the Tribunal is not required to deal with the application unless, and until, the fee is paid.
(6D) If the fee is not paid within 6 weeks after an application is lodged, the Tribunal may dismiss the application under section 69C of the Act.
(7) A person who has paid an application fee or a fee mentioned in subregulation (6) or (6A) is entitled to a refund of the fee if the fee was not payable.
(8) A person is entitled to a refund (the
refund amount ), if:
(a) the person paid an application fee but was liable to pay the fee mentioned in subregulation (6); or
(b) the person paid an application fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant.
(9) The refund amount is:
(a) if the application was lodged before 1 November 2010—the application fee; and
(b) if the application is lodged on or after 1 November 2010—the difference between the application fee and $100.
(1) In this regulation:
lower application fee andstandard application fee have the respective meanings given in section 24AA of the Act.(2)For Part IIIAA of the Act:
(a) the amount of a lower application fee is $77; and
(b) the amount of a standard application fee is $777.
Note: For Part IIIAA of the Act, a ‘lower application fee’ is payable in respect of an application for the review of a relevant taxation decision if subsection 24AC(1) of the Act applies in respect of the hearing and determination of the application. A‘standard application fee’ is payable in respect of the application if subsection 24AC(1) does not apply.
(4) For paragraph 24AD(2)(c) of the Act, if no direction is given by the Tribunal for the period within which an additional fee must be paid, the prescribed period is 28 days from the date of making of the order.
(5)The Registrar, a District Registrar or a Deputy Registrar may order that only 1 fee is payable in relation to 2 or more applications for which the same fee is payable, if they:
(a) relate to the same applicant; and
(b) may, in the opinion of the Registrar, a District Registrar or a Deputy Registrar, be conveniently heard before the Tribunal at the same time.
(6) Subregulation (6A) applies to a person if:
(a) the person is granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney‑General; or
(b) the person is:
(i) the holder of any of the following cards issued by the Department of Families, Housing, Community Services and Indigenous Affairs:
(A) a health care card;
(B) a health benefit card;
(C) a pensioner concession card;
(D) a Commonwealth seniors health card; or
(ii) the holder of any other card issued by the Department of Families, Housing, Community Services and Indigenous Affairs or the Department of Veterans’ Affairs that certifies entitlement to Commonwealth health concessions; or
(iii) serving a sentence of imprisonment, or otherwise lawfully detained in a public institution; or
(iv) a child under the age of 18 years; or
(v) receiving youth allowance or Austudy payment, within the meaning of the
Social Security Act 1991 ; or
(vi) receiving benefit under ABSTUDY, within the meaning of the
Social Security Act 1991 .(6A) If a person mentioned in subregulation (6) is liable to pay a standard application fee or an additional fee:
(a) a fee of $100 is payable by the person instead of a standard application fee; and
(b) either:
(i) if the lower application fee is less than $100—an amount equal to the difference between the lower application fee and $100 is payable by the person instead of an additional fee; or
(ii) in any other case—a fee of $100 is payable instead of an additional fee.
(6B) If the Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day‑to‑day living expenses, liabilities and assets of a person liable to pay a standard application fee or an additional fee, considers that payment of the fee would cause financial hardship to the person, the Registrar, District Registrar or Deputy Registrar may:
(a) order that a fee of $100 is payable instead of a standard application fee; or
(b) either:
(i) if the lower application fee is less than $100—order that an amount equal to the difference between the lower application fee and $100 is payable instead of an additional fee; or
(ii) in any other case—order that a $100 fee is payable instead of an additional fee.
(6C) The fee for lodging an application is payable when the application is lodged.
(6D) If the fee is not paid at that time, the Tribunal is not required to deal with the application unless, and until, the fee is paid.
(6E) If the fee is not paid within 6 weeks after an application is lodged, the Tribunal may dismiss the application under section 69C of the Act.
(7) A person who has paid any of the following fees is entitled to a refund of the fee if the fee was not payable:
(a) the lower application fee;
(b) the standard application fee;
(c) the additional fee;
(d) the fee mentioned in paragraph (6A)(a);
(e) the fee mentioned in subparagraph (6A)(b)(i);
(f) the fee mentioned in subparagraph (6A)(b)(ii).
(8) A person is entitled to a refund (the
refund amount ), if:
(a) the person paid the standard application fee but was liable to pay the lower application fee; or
(b) the person paid the standard application fee but was liable to pay the fee mentioned in paragraph 6A(a); or
(c) the person paid the additional fee but was liable to pay the fee mentioned in subparagraph (6A)(b)(i); or
(d) the person paid the additional fee but was liable to pay the fee mentioned in subparagraph (6A)(b)(ii); or
(e) the person paid the standard application fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant; or
(f) the person paid the lower application fee and the additional fee and the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant.
(9) For subregulation (8), the refund amount is:
(a) for paragraph (8)(a)—the difference between the standard application fee and the lower application fee; and
(b) for paragraph (8)(b)—the difference between the standard application fee and the fee mentioned in paragraph (6A)(a); and
(c) for paragraph 8(c)—the difference between the additional fee and the fee mentioned in subparagraph (6A)(b)(i); and
(d) for paragraph 8(d)—the difference between the additional fee and the fee mentioned in subparagraph (6A)(b)(ii); and
(e) for paragraph (8)(e):
(i) if the application was lodged before 1 November 2010—the application fee; or
(ii) if the application was lodged on or after 1 November 2010—the difference between the application fee and $100; and
(f) for paragraph (8)(f):
(i) if the application was lodged before 1 November 2010—the sum of the lower application fee and the additional fee; or
(ii) if the application was lodged on or after 1 November 2010—the difference between the sum of the lower application fee and the additional fee, and $100.
(10) If:
(a) an order is made under paragraph 24AD(4)(e) of the Act in relation to applications made by a person; and
(b) the total amount of application fees paid by the person is greater than the standard application fee;
the person who paid the fees is entitled to a refund of an amount equal to the difference between the standard application fee and the total amount of the fees paid.
Note: The effect of paragraph 24AD(4)(e) of the Act is that if an applicant has applications before the Small Taxation Claims Tribunal and the Administrative Appeals Tribunal, the Registrar, a District Registrar or a Deputy Registrar may order that 1 standard application fee is payable for all of the applications.
Despite any other provision of these Regulations, the fees prescribed by regulations 19 (except the fees mentioned in subregulations (6) and (6A)) and 19AA (except the fees mentioned in paragraphs (6A)(a) and (6B)(a)) are increased, in accordance with regulation 19B, on each biennial anniversary of 1 July 2010.
(1) In this regulation:
fee means a fee prescribed by regulation 19 (except a fee mentioned in subregulation (6) or (6A)) or 19AA (except a fee mentioned in paragraph (6A)(a) or (6B)(a)).
CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician.
relevant period means any of the following periods:
(a) the 2 year period commencing on 1 July 1996;
(b) after that period—each 2 year period commencing on a biennial anniversary of 1 July 1996.
(2)If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is taken to increase, on 1 July immediately following the end of the period, in accordance with the formula:
where:
earlier CPI number is the CPI number for the last March quarter before the beginning of the relevant period; and
fee is the fee in force at the end of the relevant period; and
latest CPI number is the CPI number for the last March quarter before the end of the relevant period.(3)If, apart from this subregulation, the amount of a fee increased under subregulation (2) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down.
(4)Subject to subregulation (5), if at any time, whether before or after the commencement of this regulation, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this regulation.
(5)If, at any time, whether before or after the commencement of this regulation, the Australian Statistician changes the reference base for the Consumer Price Index, then, for the purposes of the application of this regulation after the change is made, regard shall be had only to numbers published in terms of the new reference base.
(1) A person may apply to the Tribunal for a review of any of the following decisions by the Registrar, a District Registrar, a Deputy Registrar or a person who is an authorised officer of a kind mentioned in paragraph (d) of the definition of
authorised officer :
(a) under subregulation 19(5) or subregulation 19AA(5), not to order that only 1 fee is payable;
(b) under subregulation 19(6A), not to order that a fee of $100 is payable;
(c) under paragraph 19AA(6B)(a), not to order that a fee of $100 is payable;
(d) under subparagraph 19AA(6B)(b)(i) not to order that an amount equal to the difference between the lower application fee and $100 is payable;
(e) under subparagraph 19AA(6B)(b)(i) not to order that a fee of $100 is payable.
(2)If the Registrar, a District Registrar, a Deputy Registrar or a person who is an authorised officer of a kind mentioned in paragraph (d) of the definition of
authorised officer makes a decision of that kind, a notice must be given to the person liable to pay the fee:
(a) containing the terms of the decision; and
(b) giving written reasons for the decision; and
(c) containing a statement to the effect that, subject to the
Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals Tribunal for review of the decision.(3)A notice under subregulation (2) must be given within 28 days of the date of the decision.
(4)Failure to include in a notice under subregulation (2) a statement of the kind mentioned in paragraph (2)(c) does not affect the validity of the decision.
(1) For subsection 25(2) of the Act, a person may apply to the Tribunal for review of a decision:
(a) made in the exercise of powers conferred by a Norfolk Island enactment; and
(b) mentioned in column 2 of the table in Part 2 of Schedule 4.
(2) For paragraph 25(3)(a) of the Act, a decision maker mentioned in column 3 of the table in Part 2 of Schedule 4 is specified.
If a person is an authorised officer of a kind mentioned in paragraph (d) of the definition of
authorised officer , the Registrar may authorise the person to exercise a power or function (except the power under this regulation) in relation to an application that is:
(a) lodged at the Registry of the Tribunal caused to be established on Norfolk Island under subsection 64(1) of the Act; or
(b) listed to be heard by the Tribunal.
For subsection 24A(4) of the Act, a higher amount of $1,000,000 is prescribed.
For subparagraph 49(1)(d)(ii) of the Act, 11 is prescribed.
(subregulation 5(1))
or
Full name | Mr ¨ Ms ¨ Mrs ¨ Miss ¨ Other....... Family name (surname): Given names: | ||||
Gender | Male ¨ Female ¨ | Date of birth | |||
Telephone (business) | ) | Telephone (home) | ) | ||
Your address | Postcode | ||||
The name, address and telephone number of your representative (if you have one) | |||||
Interpreter | ¨ No ¨ If yes, for which language? | ||||
Disability | If you have a disability and need assistance, please indicate: ¨ Hearing ¨ Wheel chair user ¨ Other, please specify................................ | ||||
You do not have to answer this question if you can attach a copy of the decision. If you do not have a copy, please describe the decision briefly: | |||||
Date of decision | Decision reference | ||||
Date you received notice of the decision | |||||
Who made the decision, if known | Department or other body: Address: | ||||
What are your reasons for seeking review of this decision? | |||||
Please state the amount of tax in dispute (only answer this question if you want a tax decision reviewed). $ | |||||
Signature | Date | ||||
(subregulation 5(2))
I apply for an extension of time for lodging an application for review of the decision described in item 2.
Mr/Mrs/Ms/Miss/Other | |||
(full name) | Family name (surname) | ||
Given name(s) | |||
Telephone | ) Home: ( ) | ||
Your | |||
address | |||
Postcode | |||
The name, address and telephone number of your representative (if you have one) | Postcode | ||
Attach a copy, if possible, or describe decision briefly. | |||
Date of decision | Decision reference | ||
(if copy of decision not attached) | (if copy of decision not attached) | ||
Date decision | |||||||
received | |||||||
Who made the | Department | ||||||
decision, if you | or other body: | ||||||
know (if copy of decision is not attached) | Address: Postcode | ||||||
Outline your reasons for applying for an extension of time for lodging your application for review of the decision | |||||||
Signature | Date | ||||||
(subregulation 5(4))
The person described in item 1 opposes the application made by the person described in item 4 to extend the time for lodging an application for review of the decision made by the person described in item 5.
Mr/Mrs/Ms/Miss/Other | |
Family name (surname) | |
(full name) | |
Given name(s) | |
Telephone | ) Home: ( ) |
Your address | |
Postcode | |
The name, address and telephone number of your representative (if you have one) |
Postcode |
Mr/Mrs/Ms/Miss/Other Family name (surname) | ||||
Given name(s) | ||||
Date of application | ||||
Department or other body: Address: | ||||
| ||||
Date of decision | ||||
Signature | Date | |||
(subregulations 5(5) and (6))
File No.
Between:
and:
To:
The applicant has applied under subsection 29(1) of the
You are a party to the proceeding before the Tribunal and you will be notified of the date and place of the hearing.
YOU ARE REQUIRED to lodge with the Tribunal 2 copies of:
(a) a statement 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
(b) every other document or part of a document that is in your possession or under your control and is considered by you to be relevant to the review of the decision by the Tribunal.
YOU ARE REQUIRED to lodge the copies with the Tribunal:
within 28 days after receiving this notice
within days after receiving this notice
* within days after receiving the notice which this notice amends.
YOU ARE REQUIRED to give copies of the statement and documents within that period to each other party to the proceeding.
Date:
* Delete where inapplicable
Insert the number of days in the period specified in an order made by the Tribunal under subsection 37(1A) of the Act in the proceeding.
(subregulation 6(1))
I apply to be made a party to the proceeding between the parties described in item 1.
| |
Mr/Mrs/Ms/Miss/Other Family name (surname) | |
| |
Given name(s) | |
Telephone | ) Home: ( ) |
Your | |||
address | |||
Postcode: | |||
The name, address and telephone number of your representative (if you have one) | Postcode | ||
Outline the reasons why you should be made a party to | |||
| the proceeding | ||
| |||
Signature | Date | ||
(regulation 7)
I apply for an order directing that the copies of documents about the decision described in item 2 be lodged by the decision maker within a period of less than 28 days after the decision maker receives or received the application for review of the decision.
Mr/Mrs/Ms/Miss/Other | ||
Family name (surname) | ||
(full name) | Given name(s) | |
Telephone | ) Home: ( ) | |
Your | ||
address | ||
Postcode | ||
The name, address and telephone number of your representative (if you have one) | Postcode | |
Attach a copy, if possible, or describe decision briefly. | ||
Who made the | Department | |||
decision, if you | or other body: | |||
know (if copy of decision not attached) | Address: Postcode | |||
Outline the hardship you would or might suffer if the time to lodge the documents is not shortened. | ||||
Signature | Date | |||
(regulation 7A)
I am a party to the proceeding described in item 2 that relates to the decision described in item 3.
I apply for an order about the operation or implementation of that decision.
Mr/Mrs/Ms/Miss/Other | |||
Family name (surname) | |||
(full name) | Given name(s) | ||
Telephone | ) Home: ( ) | ||
Your | |||
address | |||
Postcode | |||
The name, address and telephone number of your representative (if you have one) | Postcode | ||
Attach a copy, if possible, or describe decision briefly. | |||
Who made the | Department | ||
decision, if you | or other body: | ||
know (if copy of decision not attached) | Address: | ||
Postcode | |||
Describe what order you want to be made. | |||
Signature | Date | ||
(regulation 7B)
I am a party to the proceeding described in item 2 that relates to the decision described in item 3, which is subject to the order referred to in item 4 (as varied by the order or orders referred to in item 5).
I apply for an order varying or revoking the order referred to in item 4.
Mr/Mrs/Ms/Miss/Other | |||
Family name (surname) | |||
(full name) | |||
Given name(s) | |||
Telephone | ) Home: ( ) | ||
Your address | |||
Postcode | |||
The name, address and telephone number of your representative (if you have one) | Postcode | ||
Attach a copy, if possible, or describe decision briefly. | |||
Who made the | Department | ||
decision | or other body: | ||
(if copy of decision not attached) | Address: Postcode | ||
Signature | Date |
(regulation 15)
File No.
Between:
Applicant
and:
Respondent To:
YOU ARE REQUIRED to appear before the Administrative Appeals Tribunal to give evidence at:
Time: (a.m./p.m.)
Date:
Place:
and on each subsequent day of the hearing of this matter until you are excused or released from further attendance.
Date
Note
: A person summoned to appear as a witness before the Tribunal is entitled to be paid fees, and allowances for expenses, for attendance before the Tribunal. The Tribunal determines the amount of payment according to Schedule 2 of the Regulations (see section 67 of the Act).
This summons has been issued at the request of the applicant/respondent
[
For further information please contact:
Firm/Agency:
Person dealing:
Telephone:
(regulation 15)
File No.
Between:
Applicant
and:
Respondent To:
Name:
Address
YOU ARE REQUIRED to appear before the Administrative Appeals Tribunal to give evidence at:
Time: (a.m./p.m.)
Date:
Place:
and on each subsequent day of the hearing of this matter until you are excused or released from further attendance to give evidence.
YOU ARE ALSO REQUIRED at that time to produce the following books, documents or things:
Date
Note
: A person summoned to appear as a witness before the Tribunal is entitled to be paid fees, and allowances for expenses, for attendance before the Tribunal. The Tribunal determines the amount of payment according to Schedule 2 of the Regulations (see section 67 of the Act).
This summons has been issued at the request of the applicant/respondent
[
For further information please contact:
Firm/Agency:
Person Dealing:
Telephone:
(regulation 15)
File No.
Between:
Applicant
and:
Respondent To:
Name:
Address:
YOU ARE REQUIRED to appear before the Administrative Appeals Tribunal at:
Time: (a.m./p.m.)
Date:
Place:
AND produce to the Tribunal the following books, documents or things:
Note:Instead of attending at the hearing to produce the books, documents or things, you may produce them to a member of the staff of the Tribunal at the place of the hearing not later than 4.00 pm on the day before the day mentioned above. If it is difficult for you to get to the Tribunal before 4.00 pm on that day, you should contact the registry of the Tribunal to make other delivery arrangements.
Date:
This summons has
been issued at the request of the applicant/respondent [
For further information please contact:
Firm/Agency:
Person dealing:
Telephone:
(regulation 16)
1. A person summoned to appear as a witness, because of his or her professional, scientific or other special skill or knowledge, before the Tribunal must be paid:
(a) if the person is remunerated in his or her occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and
(b) in any other case—an amount of not less than $95, or more than $475, for each day on which he or she so attends.
2. A person summoned to appear as a witness, other than a witness referred to in item 1, before the Tribunal must be paid:
(a) if the person is remunerated in his or her occupation by wages, salary or fees—an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; and
(b) in any other case—an amount of not less than $54, or more than $89, for each day on which he or she so attends.
3. A person summoned to appear as a witness before the Tribunal must be paid a reasonable amount for allowances for:
(a) transport between the usual place of residence of the person and the place that he or she attends for that purpose; and
(b) if he or she is required to be absent overnight from his or her usual place of residence—meals and accommodation.
(regulation 19)
1 | A decision under the |
1A | A decision under the family assistance law within the
meaning of subsection 3(1) of the |
2 | A determination under section 58B of the |
3 | A decision of the Defence Force Retirement and Death
Benefits Authority reviewable under section 99 of the |
3A | A decision under the |
4 | A decision under Part III of the |
4A | A decision under the |
7 | A decision under subsection 40AA(8), 40AA(10), section
40AB, 40ABA or 40AC of the |
8 | A decision under subsection 4(7) of the |
9 | A decision under the Papua New Guinea Staffing Assistance (Superannuation) Regulations |
9A | A decision under the social security law within the
meaning of subsection 23(17) of the |
10 | A reviewable decision under section 154 of the |
11 | A decision under the |
12 | A decision under the |
13 | A decision under section 33 of the |
(regulation 20A)
(1) In this Schedule, an Act (other than the
Norfolk Island Act 1979 ) that is mentioned in either of the following refers to an Act of the Territory of Norfolk Island:
(a) subclause (2);
(b) column 2 or 3 of the table in Part 2.
(2) In this Schedule:
Administrator has the meaning given by theNorfolk Island Act 1979 .
authorised officer has the meaning given by subregulation 3(1).
Authority has the meaning given by theBookmakers and Betting Exchange Act 1998.
Board has the meaning given by theLiquor Act 2005 .
Chief Revenue Officer has the meaning given by theGoods and Services Tax Act 2007 .
Conservator has the meaning given by thePublic Reserves Act 1997.
Collector has the meaning given by theCustoms Act 1913 .
inspector has the meaning given by theApiaries Act 1935.
Minister has the meaning given by theNorfolk Island Act 1979 .
Officer has the meaning given by the definition of ‘the officer’ in subsection 3(1) of theBusiness Transactions (Administration) Act 2006 .
Registrar of Titles has the meaning given by theInterpretation Act 1979 .
valuer‑general has the meaning given by theLand Valuation Act 2012 .
1 | A decision under subsection 10(2) of the | Minister |
2 | A decision under section 8 of the | Administrator |
3 | A decision under any of the following provisions of the (a) paragraph 3A(1)(c); (b) subsection 4(2); (c) subsection 12(6) | Minister |
4 | A decision under paragraph 3A(2)(a) of the | inspector |
5 | A decision under section 11 or 29 of the | Registrar of Associations appointed in accordance with section
4 of the |
6 | A decision under section 37 or 50 of the | Minister |
7 | A decision under section 3, 4 or 5 of the | Minister |
8 | A decision under any of the following provisions of the (a) section 8; (b) subsection 11(1) or (2); (c) subsection 12(1) or (2); (d) subsection 13(1) or (2); (e) subsection 44(1) or (2) | Authority |
9 | A decision under section 6, 7 or 8 of the | Registrar of Brands and Marks appointed in accordance with
section 4 of the |
10 | A decision mentioned in subsection 43(1) or paragraph
43(2)(a) of the | Chief Executive Officer appointed in accordance with
section 38 of the |
11 | A decision mentioned in paragraph 43(2)(b) of the | authorised officer |
12 | A decision under section 7 or 19 of the | Registrar of Companies appointed in accordance with
section 30 of the |
13 | A decision under the | Officer |
14 | A decision under subsection 9(2) of the | Officer |
15 | A decision under subsection 58(1) of the Companies | Registrar of Companies appointed in accordance with
section 30 of the |
16 | Any of the following decisions under the (a) a decision under subsection 14(1);
(c) a decision under section 28 | Administrator |
17 | A decision under any of the following provisions of the (a) subsection 2A(1); (b) section 4AA, 4ABA, 4AC, 4AAC, 4ACB or 4AD; (c) section 5CA; (d) section 8A, 8B, 8D or 8F | Collector |
18 | A decision under section 13 or 14 of the | Minister |
19 | A decision to reject a claim made under section 91 of the | Minister |
20 | A decision under paragraph 128(1)(a), (b), (c) or (d)
of the | Minister |
21 | A decision under paragraph 128(1), (e), (f) or (g) of the | authorised officer |
22 | A decision under section 8 or subsection 14(2) of the | Minister |
23 | A decision under section 6 or 7 of the | Minister |
24 | A decision under section 7 or 11 of the | Chief Revenue Officer |
25 | A decision under subsection 4(2) of the | Minister |
26 | A decision under subsection 4(2) or (5) of the | Registrar of Titles |
27 | A decision under the following provisions of the (a) paragraph 138(1)(a), (b) or (c); (b) paragraph 146(2)(f) | Registrar of Titles |
27A | A decision under subsection 79(1) of the | valuer‑general |
28 | A decision under the
| the Board |
29 | A decision under section 7, 11 or 18 of the | Minister |
30 | A decision under section 7 of the | Minister |
31 | A decision under any of the following provisions of the (a) subsection 4(3), 7(2), 9(3) or 15(1); (b) paragraph 15(2)(a) | Minister |
32 | A decision under the | Minister |
33 | A decision under section 2A or 3A of the | Administrator |
34 | A decision mentioned in paragraph 78(1)(a) or (b) of the | Minister |
35 | A decision mentioned in paragraph 78(1)(c) of the | authorised officer |
36 | The following decisions under the
| Minister |
37 | A decision under section 6, 7, 15A or 17 of the | Minister |
38 | A decision under section 4 of the | Minister |
39 | A decision under paragraph 31(a), (b), (c) or (d) of the | Conservator |
40 | A refusal to give a certificate under section 15 of
the | Chief Executive Officer appointed in accordance with
section 38 of the |
41 | A decision under section 33 of the | Administrator |
42 | A refusal to give a written notice under section 11 of the
| Chief Executive Officer appointed in accordance with
section 38 of the |
43 | A refusal to give an authorisation under subsection 13(1)
of the | Minister |
44 | Any of the following decisions under the (a) a decision under section 9 to:
| Minister |
The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Uncommenced amendments
Endnote 6—Modifications
Endnote 7—Misdescribed amendments
Endnote 8—Miscellaneous
If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.
The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.
The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in endnote 5.
If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.
An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.
Endnote 8 includes any additional information that may be helpful for a reader of the compilation.
ad = added or inserted | pres = present |
am = amended | prev = previous |
c = clause(s) | (prev) = previously |
Ch = Chapter(s) | Pt = Part(s) |
def = definition(s) | r = regulation(s)/rule(s) |
Dict = Dictionary | Reg = Regulation/Regulations |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expired or ceased to have effect | rep = repealed |
hdg = heading(s) | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s) |
LIA = | Sch = Schedule(s) |
mod = modified/modification | Sdiv = Subdivision(s) |
No = Number(s) | SLI = Select Legislative Instrument |
o = order(s) | SR = Statutory Rules |
Ord = Ordinance | Sub-Ch = Sub-Chapter(s) |
orig = original | SubPt = Subpart(s) |
par = paragraph(s)/subparagraph(s)
|
1976 No. 141 | 30 June 1976 | 1 July 1976 | |
1977 No. 146 | 8 Sept 1977 | 8 Sept 1977 | — |
1979 No. 274 | 24 Dec 1979 | 24 Dec 1979 | — |
1984 No. 383 | 5 Dec 1984 | r. 2(1): 1 Jan 1985 Remainder: 5 Dec 1984 | — |
1986 No. 168 | 30 June 1986 | 1 July 1986 | — |
1986 No. 232 | 4 Sept 1986 | 4 Sept 1986 | — |
1987 No. 23 | 24 Feb 1987 | 1 Mar 1987 | — |
1987 No. 181 | 16 Sept 1987 | 17 Sept 1987 | — |
1988 No. 25 | 10 Mar 1988 | 15 Mar 1988 | — |
1989 No. 157 | 30 June 1989 | 1 July 1989 | — |
1990 No. 284 | 6 Sept 1990 | 6 Sept 1990 | — |
1991 No. 233 | 31 July 1991 | 31 July 1991 | — |
1991 No. 450 (a) | 19 Dec 1991 | 1 Apr 1992 | — |
1992 No. 235 | 29 July 1992 | 29 July 1992 | — |
1993 No. 64 | 4 May 1993 | 4 May 1993 | — |
1993 No. 276 | 5 Nov 1993 | 5 Nov 1993 | — |
1993 No. 326 | 10 Dec 1993 | 11 Dec 1993 | — |
1995 No. 343 | 23 Nov 1995 | 23 Nov 1995 | — |
1995 No. 421 | 22 Dec 1995 | 1 Jan 1996 | — |
1996 No. 187 | 30 Aug 1996 | 1 Sept 1996 | — |
1997 No. 156 | 30 June 1997 | 1 July
1997 ( | — |
1997 No. 348 | 15 Dec 1997 | 15 Dec 1997 | — |
1998 No. 223 | 7 July 1998 | 7 July 1998 | — |
2000 No. 17 | 15 Mar 2000 | 15 Mar 2000 | — |
2001 No. 116 | 6 June 2001 | 6 June 2001 | — |
2005 No. 154 | 8 July
2005 ( | 8 July 2005 | — |
2010 No. 151 | 29 June
2010 ( | 1 July 2010 | — |
2010 No. 241 | 15
Oct 2010 ( | 1 Nov 2010 | r. 4 |
2011 No. 112 | 1
July 2011 ( | rr. 1–3 and Schedule 1: 1 Nov 2010 r. 4 and Schedule 2: 2 July 2011 | — |
2012 No. 7 | 24 Feb 2012 ( | 1 Mar 2012 | — |
2012 No. 19 | 13 Mar 2012 ( | 14 Mar 2012 | — |
No. 89, 2013 | 4 June 2013 ( | ss. 1–4: 5 June 2013
Schedule 1: 11 June 2013 ( Schedule 2: 1 July 2013 | — |
No. 1, 2014 | 19 Feb 2014 ( | 20 Feb 2014 | — |
(a) Statutory Rules 1991 No. 450 were disallowed by the Senate on 3 March 1992.
r. 1........................................ | rs. 2000 No. 17 |
r. 3........................................ | am. 1997 No. 348; 2012 No. 7 |
r. 4........................................ | am. 1977 No. 146 |
r. 4A..................................... | ad. 1984 No. 383 |
r. 5........................................ | rs. 1977 No. 146 |
am. 1979 No. 274; 1997 No. 348 | |
r. 5A..................................... | ad. 1984 No. 383 |
am. 1986 No. 232; 1995 No. 343 | |
r. 5B...................................... | ad. 1986 No. 168 |
r. 5C...................................... | ad. 1993 No. 326 |
r. 6........................................ | am. 1977 No. 146; 1993 No. 64 |
r. 7........................................ | am. 1977 No. 146 |
rs. 1979 No. 274 | |
r. 7A..................................... | ad. 1979 No. 274 |
r. 7B...................................... | ad. 1979 No. 274 |
r. 8........................................ | am. 1979 No. 274 |
r. 8A..................................... | ad. 1993 No. 276 |
r. 9........................................ | am. 1977 No. 146; 1979 No. 274; 1993 No. 276; 1997 No. 348 |
r. 10...................................... | rs. 1977 No. 146 |
r. 11...................................... | rs. 1977 No. 146 |
am. 1979 No. 274 | |
rep. 1997 No. 348 | |
rr. 12–14................................ |
rep. 1977 No. 146 | |
r. 15...................................... | am. 1977 No. 146; 1993 No. 276 |
r. 16...................................... | am. 1990 No. 284 |
r. 17...................................... | am. 1977 No. 146 |
rep. 1997 No. 348 | |
r. 18...................................... | am. 1977 No. 146 |
rs. 1993 No. 276 | |
r. 18A.................................... | ad. 1993 No. 276 |
r. 19...................................... | ad. 1987 No. 23 |
am. 1987 No. 181; 1988 No. 25; 1989 No. 157; 1993 No. 64; 1995 No. 421; 1996 No. 187; 1997 No. 156; 2000 No. 17; 2010 Nos. 151 and 241; 2011 No. 112; No. 89, 2013 | |
Note to r. 19(1)....................... | ad. 1996 No. 187 |
r. 19AA................................. | ad. 1997 No. 156 |
am. 2000 No. 17; 2010 Nos. 151 and 241; 2011 No. 112; No. 89, 2013 | |
r. 19A.................................... | ad. 1996 No. 187 |
rs. 1997 No. 156 | |
am. 2010 No. 241 | |
r. 19B.................................... | ad. 1996 No. 187 |
am. 1997 No. 156; 2010 No. 241 | |
Heading to r. 20...................... | am. 1997 No. 348 |
rs. 2012 No. 7 | |
r. 20...................................... | ad. 1987 No. 23 |
rs. 1993 No. 64 | |
am. 1997 Nos. 156 and 348; 2010 No. 241; 2012 No. 7 | |
r. 20A.................................... | ad. 2012 No. 7 |
r. 20B.................................... | ad. 2012 No. 7 |
r. 21...................................... | ad. 1998 No. 223 |
am. 2012 No. 7 | |
r. 22...................................... | ad. 2005 No. 154 |
Schedule 1............................. | rs. 1977 No. 146 |
Form 1.................................. | 1976 No. 141 |
rs. 1977 No. 146; 1997 No. 348 | |
Form 2.................................. | 1976 No. 141 |
rs. 1977 No. 146; 1997 No. 348 | |
Form 3.................................. | 1976 No. 141 |
rs. 1977 No. 146; 1997 No. 348 | |
Form 4.................................. | 1976 No. 141 |
rs. 1977 No. 146 | |
am. 1979 No. 274 | |
rs. 1997 No. 348 | |
Form 5.................................. | 1976 No. 141 |
rs. 1977 No. 146; 1997 No. 348 | |
Form 5A................................ | ad. 1979 No. 274 |
rs. 1997 No. 348 | |
Form 6.................................. | ad. 1977 No. 146 |
rs. 1979 No. 274; 1997 No. 348 | |
Form 6A................................ | ad. 1979 No. 274 |
rs. 1997 No. 348 | |
Form 7.................................. | ad. 1977 No. 146 |
rs. 1993 No. 276 | |
am. 1997 No. 348 | |
Note to Form 7....................... | rs. 1997 No. 348 |
Form 8.................................. | ad. 1993 No. 276 |
am. 1997 No. 348 | |
Note to Form 8....................... | rs. 1997 No. 348 |
Form 9.................................. | ad. 1993 No. 276 |
am. 1997 No. 348 | |
Note to Form 9....................... | rs. 1997 No. 348 |
Schedule 2............................. | rs. 1990 No. 284 |
am. 1991 No. 233; 1992 No. 235 | |
Schedule 3............................. | ad. 1988 No. 25 |
am. 1990 No. 284; 1993 Nos. 64 and 276; 1995 No. 343; 1997 No. 348; 2001 No. 116; 2012 No. 19; No. 89, 2013 | |
Schedule 4............................. | ad. 2012 No. 7 |
am No 1, 2014 |
0
0
0