Administrative Appeals Tribunal Regulations (Amendment) (Cth)

Statutory Rules 1993 No./1

Administrative Appeals Tribunal Regulations2

(Amendment)

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

Dated 1993. 2 December

BILL HAYDEN

By His Excellency's Command, Governor-General

M. LAVARCH

Attorney-General

1. Commencement

1.1 These Regulations commence on 11 December 1993.

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2. Amendment

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

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326

3. New regulation 5C

3.1 After regulation 5 B, insert:

Application of the Act to certain decisions of the Australian

Securities Commission

"5C. (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

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to any absence of notice of that decision to the applicant for

review.".

NOTES

1. Notified in the Commonwealth of Australia Gazette o n / 1 9 9 3. 1 0 December

2.      Statutory Rules 1976 No. 141 as amended by 1977 Nos. 146; 1979 No. 274; 1984 No. 3 8 3; 1986 Nos. 168 and 232; 1987 Nos. 23 and 181; 1988 No. 2 5; 1989 No. 157; 1990 No. 284; 1991 Nos. 233 and 4 5 0; 1992 No. 235; 1993 No. 6 4 and 276.

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