Administrative Decisions (Judicial Review) Amendment Act 1978 (Cth)

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) AMENDMENT ACT 1978

No. 66 of 1978

An Act to amend the Administrative Decisions (Judicial Review) Act 1977 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 Decisions (Judicial Review) Amendment Act 1978.

(2) The Administrative Decisions (Judicial Review) Act 1977 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the date on which the Principal Act comes into operation.

Interpretation

3. Section 3 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “enactment” and substituting the following definition:

“‘enactment’ means—

(a) an Act other than the Commonwealth Places (Application of Laws) Act 1970 or the Northern Territory (Self-Government) Act 1978;

(b) an Ordinance of a Territory other than the Northern Territory;

(c) an instrument (including rules, regulations or bylaws) made under such an Act or under such an Ordinance; or

(d) a law, or a part of a law, of the Northern Territory declared by the regulations, in accordance with section 19a, to be an enactment for the purposes of this Act,

and, for the purposes of paragraph (a), (b) or (c), includes a part of an enactment;”; and

(b) by omitting from sub-section (3) “another enactment” and substituting “another law”.

Act to operate notwithstanding anything in existing laws

4. Section 4 of the Principal Act is amended by omitting “enactment” and substituting “law”.

Applications in respect of failures to make decisions

5. Section 7 of the Principal Act is amended—

(a) by omitting from paragraph (b) of sub-section (1) “enactment” and substituting “law”; and

(b) by omitting from paragraph (b) of sub-section (2) “an enactment” and substituting “a law”.

Rights conferred by this Act to be additional to other rights

6. Section 10 of the Principal Act is amended by omitting from sub-paragraph (ii) of paragraph (b) of sub-section (2) “an enactment” and substituting “any law”.

7. After section 19 of the Principal Act the following section is inserted:

Act to apply in relation to certain Northern Territory laws

“19a. (1) The regulations may declare a law, or a part of a law, of the Northern Territory, other than a law, or a part of a law, relating to matters in respect of which the Ministers of the Northern Territory have executive authority under the Northern Territory (Self-Government) Act 1978, to be an enactment for the purposes of this Act.

 

“(2) Regulations made for the purposes of this section have effect notwithstanding anything contained in the law of the Northern Territory concerned or in any other law of the Northern Territory.”.