Administrative Appeals Tribunal Regulations (Amendment) (Cth)

Statutory Rules 1987 No. 231

Administrative Appeals Tribunal Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Administrative Appeals Tribunal Act 1975.

Dated 19 February 1987.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Lionel Bowen

Attorney-General

Commencement

1. These Regulations shall come into operation on 1 March 1987.

2. After regulation 18 of the Administrative Appeals Tribunal Regulations the following regulations are inserted:

Prescribed fees

“19. (1) Subject to subregulation (3), a fee of $200 is payable on the lodging with the Tribunal of an application for a review of a decision, other than a prescribed decision.

“(2) In this regulation, ‘prescribed decision’ means:

(a) a decision under the Compensation (Commonwealth Government Employees) Act 1971, the First Home Owners Act 1983,the Home Deposit Assistance Act 1982, the Homes Savings Grant Act 1976, the Papua New Guinea (Staffing Assistance) Act 1973, the Seamen’s War Pensions and Allowances Act 1940, the Social Security Act 1947, the Student Assistance Act 1973, or the Veterans’ Entitlements Act 1986;

(b) a determination under section 58b of the Defence Act 1903;

(c) a decision of the Defence Force Retirement and Death Benefits Authority reviewable under section 99 of the Defence Force Retirement and Death Benefits Act 1973;

 

(S.R. 389/86)—Cat. No.  16/13.2.1987

 

(d) a decision under the Land Rent and Rates (Deferment and Remission) Ordinance 1970;

(e) a decision under the Papua New Guinea Staffing Assistance (Superannuation) Regulations;

(f) a reviewable decision under section 154 of the Superannuation Act 1976; and

(g) a decision reviewable under section 55 of the Freedom of Information Act 1982,being a decision made in relation to a document that relates to a decision referred to in paragraphs (a), (b), (c), (d), (e) or (f).

“(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.

Refund of prescribed fees

“20. Where:

(a) the prescribed fee under regulation 19 has been paid for the lodging with the Tribunal of an application for a review of a decision; and

(b) the proceeding terminates in a manner favourable to the applicant; the prescribed fee shall be refunded in whole to the applicant.”.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 24 February 1987.

2. Statutory Rules 1976 No. 141 as amended by 1977 No. 146; 1979 No. 274; 1984 No. 283; 1986 Nos. 168 and 232.

Printed by Authority by the Commonwealth Government Printer