Administrative Appeals Tribunal Regulations (Amendment) (Cth)

Statutory Rules 1997

No. 156 1

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Administrative Appeals Tribunal Regulations 2(Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under section 4 of the Acts Interpretation Act 1901, make the following Regulations under the Administrative Appeals Tribunal Act 1975.

Dated 25 June 1997.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

DARYL WILLIAMS

Attorney-General and Minister for Justice

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1.   Commencement

1.1 These Regulations commence on the day on which items 1, 3, 4, 5 and 6 of Schedule 1 of the Law and Justice Legislation Amendment Act 1997 commence.

2.   Amendment

2.1   The Administrative Appeals Tribunal Regulations are amended as set out in these Regulations.

3.   Regulation 19 (Prescribed fees—general)

3.1   Paragraph 19 (1) (a):

After “decision”, insert “, other than a relevant taxation decision within the meaning of Part IIIAA of the Act;”.

3.2   Subregulation 19 (5):

After “the Registrar” (twice occurring), insert “, a District Registrar”.

3.3   Paragraph 19 (6) (c):

Omit “the Registrar or Deputy Registrar,”, insert “the Registrar, a District Registrar or a Deputy Registrar,”.

4.   New regulation 19AA

4.1   After regulation 19, insert:

Prescribed fees—Part IIIAA taxation decisions

 “19AA.(1) In this regulation:

‘lower application fee’ and ‘standard 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 $50; and

• (b)

  the amount of a standard application fee is $500.

[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.]

 “(3)Subject to subregulations (5) and (6), if a lower application fee or a standard application fee is payable, the fee must be paid before the lodgment of the application to which it relates.

 “(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)A lower application fee, a standard application fee or an additional fee is not payable if:

• (a)

  the person who would be liable to pay the fee is 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 relates; or

• (b)

  the person liable to pay the fee is:

  • (i)

    the holder of a health care card issued by the Department of Social Security; or

  • (ii)

    the holder of a health benefit card issued by the Department of Social Security; or

  • (iii)

    the holder of a pensioner concession card issued by the Department of Social Security; or

  • (iv)

    the holder of a Commonwealth seniors health card issued by the Department of Social Security; or

  • (v)

    the holder of any other card issued by the Department of Social Security or the Department of Veteran’s Affairs that certifies entitlement to Commonwealth health concessions; or

  • (vi)

    an inmate of a prison or is otherwise lawfully detained in a public institution; or

  • (vii)

    a child under the age of 18 years; or

  • (viii)

    in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or

  • (ix)

    in receipt of benefits under the Commonwealth student assistance scheme known as the ABSTUDY Scheme; or

• (c)

  the Registrar, a District Registrar or a Deputy Registrar, having regard to the income, day to day living expenses, liabilities and assets of the person liable to pay the fee, waives payment of the fee because, in his or her opinion, it would cause financial hardship to the person.

 “(7) If a lower application fee has been waived under paragraph 6 (c) and the Tribunal subsequently makes an order under subsection 24AD (1) of the Act that subsection 24AC (1) is not to apply, then the additional fee that would be payable under paragraph 24AD (2) (b) is taken to be waived.

 “(8) A person who has paid a lower application fee, an additional fee or a standard application fee is entitled to a refund of the fee if the fee was not payable.

 “(9) If the Tribunal certifies that proceedings have terminated in a manner favourable to the applicant, the applicant is entitled to a refund of the payment of:

• (a)

  the lower application fee and the additional fee; or

• (b)

  the standard application fee.

[NOTE: A person who has paid a lower application fee without paying an additional fee, is not entitled to a refund.]

 “(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.]”.

5.   Regulation 19A (Biennial increases in fees)

5.1   Omit the regulation, substitute:

Biennial increases in fees

 “19A. Despite any other provision of these Regulations, the fees prescribed by regulations 19 and 19AA are increased, in accordance with regulation 19B, on each biennial anniversary of 1 July 1996.”.

6.   Regulation 19B (Calculation of increase)

6.1   Subregulation 19B (1):

Definition of “fee”:

After “regulation 19”, insert “or 19AA”.

6.2   Subregulation 19B (2):

Definition of “fee”:

Omit “during”, substitute “at the end of”.

7.   Regulation 20 (Review by the Tribunal)

7.1   Subregulation 20 (1):

After “the Registrar”, insert “, a District Registrar”.

7.2   Subregulation 20 (1):

After “paragraph 19 (6) (c)”, insert “or paragraph 19AA (6) (c)”.

7.3   Subregulation 20 (2):

After “the Registrar”, insert “, a District Registrar”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 30 June 1997.

2. Statutory Rules 1976 No. 141 as amended by 1977 No. 146; 1979 No. 274; 1984 No. 383; 1986 Nos. 168 and 232; 1987 Nos. 23 and 181; 1988 No. 25; 1989 No. 157; 1990 No. 284; 1991 Nos. 233 and 450 (disallowed by the Senate on 3 March 1992); 1992 No. 235; 1993 Nos. 64, 276 and 326; 1995 Nos. 343 and 421; 1996 No. 187.