Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Cth)
Contents
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The Parliament of Australia enacts:
This Act is the
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 4 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 31 May 2024 |
Schedules 1 to 15 | At the same time as the However, the provisions do not commence at all if that Act does not commence. | |
Schedule 16, item 1 | The day after this Act receives the Royal Assent. | 1 June 2024 |
Schedule 16, items 2 to 30 | At the same time as the provisions covered by table item 2. | |
Schedule 16, item 31 | The day after this Act receives the Royal Assent. | 1 June 2024 |
Schedule 16, items 32 and 33 | At the same time as the provisions covered by table item 2. | |
Schedule 16, item 33A | The day after this Act receives the Royal Assent. | 1 June 2024 |
Schedule 16, items 34 to 51 | At the same time as the provisions covered by table item 2. | |
Schedule 16, item 52 | The day after this Act receives the Royal Assent. | 1 June 2024 |
Schedule 17 | At the same time as the provisions covered by table item 2. | |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
4 References to the Administrative Appeals Tribunal Act 1975 etc.
(1) This section applies if, on or after the commencement of the
Administrative Review Tribunal Act 2024 , another Act refers to:
(a) the
Administrative Appeals Tribunal Act 1975 ; or(b) a provision of that Act; or
(c) the Administrative Appeals Tribunal; or
(d) the Registrar of the Administrative Appeals Tribunal.
(2) The reference is taken, on and after that commencement, to be a reference to the following (as the case requires):
(a) the
Administrative Review Tribunal Act 2024 ;(b) an equivalent, or nearly equivalent, provision of that Act;
(c) the Administrative Review Tribunal;
(d) the Principal Registrar of the Administrative Review Tribunal.
(3) Subsection (2) is subject to a contrary intention.
Omit “Administrative Appeals Tribunal”, substitute “ART”.
Omit “Administrative Appeals Tribunal”, substitute “ART”.
Omit “
AAT ”, substitute “ART ”.
Repeal the sections, substitute:
(1) The ART Act applies in relation to:
(a) the review of objection decisions; and
(b) the review of extension of time refusal decisions; and
(c) ART extension applications;
subject to this Division.
(2) Subsection (3) applies if the ART President refers to the guidance and appeals panel under section 128 of the ART Act a decision made by the ART to affirm, vary or set aside either of the following decisions (each of which is an
original decision ):
(a) an objection decision;
(b) an extension of time refusal decision.
(3) The ART Act, as modified by this Division (other than by the provisions mentioned in subsection (4)), applies in relation to:
(a) the application for review that is taken to be made under subsection 130(2) of that Act; and
(b) the review of the decision made by the ART;
in the same way as it applies to the review of, and the application for review of, the original decision.
(4) The provisions are:
(a) subsections 165‑10(1), (2) and (3); and
(b) section 165‑15; and
(c) subsections 165‑25(1) and (2).
(1) Sections 17 (who can apply) and 18 (when to apply—general rule) of the ART Act do not apply in relation to:
(a) an objection decision; or
(b) an extension of time refusal decision.
(2) The President of the ART may allow a longer period to make an application to refer a decision of the ART on the review of an objection decision or an extension of time refusal decision to the guidance and appeals panel under section 125 (when to apply to refer Tribunal decision) of the ART Act only if the period for making the application has not expired.
(3) If the President of the ART decides to allow a longer period under section 125 of the ART Act (as modified by subsection (2) of this section), the President of the ART must notify the Commissioner as soon as practicable after making the decision.
(4) Section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the ART Act does not apply in relation to:
(a) an objection decision; or
(b) an extension of time refusal decision.
(5) Section 127 (Tribunal decision continues to operate unless Tribunal orders otherwise) of the ART Act does not apply in relation to an objection decision or an extension of time refusal decision.
(6) Section 178 (operation and implementation of Tribunal’s decision) of the ART Act does not apply in relation to an objection decision.
(1) Despite section 18 (when to apply—general rule) of the ART Act, an application to the ART for review of a decision must be made within 60 days after the person making the application is served with notice of the decision.
Note: A person may, under section 19 of the ART Act, apply to the ART to extend the period.
(2) Despite subsection 34(1) of the ART Act, an application to the ART for a review of a decision must be in writing.
(3) An application to the ART for a review of a decision must set out a statement of the reasons for the application.
(4) Subsection (3) applies in addition to subsection 34(2) of the ART Act.
Note: Subsection 34(2) of the ART Act requires applications to include the information specified for the application in practice directions made by the President of the ART.
(5) A failure to comply with subsection (3) does not affect the validity of the application.
Despite paragraph 22(1)(c) of the ART Act:
(a) a person (the
affected person ) whose interests are affected by an objection decision or an extension of time refusal decision may apply to become a party to a proceeding for review of the decision; and(b) the ART may make the affected person a party to the proceeding only if the ART is satisfied that the applicant for review of the decision consents.
(1) Section 23 (decision‑maker must give Tribunal reasons and documents—general rule) of the ART Act does not apply in relation to an application for review of an objection decision.
(2) Instead, the decision‑maker of an objection decision must give the ART the following documents within 28 days after the ART notifies the decision‑maker of the application for review of the decision:
(a) a statement giving the reasons for the decision;
(b) the notice of the administrative decision concerned;
(c) the objection concerned;
(d) the notice of the objection decision;
(e) every other document that is:
(i) in the Commissioner’s possession or under the Commissioner’s control; and
(ii) considered by the Commissioner to be necessary to the review of the objection decision concerned;
(f) a list of the documents (if any) being given under paragraph (e).
(3) Section 25 (decision‑maker must give Tribunal additional documents within 28 days—general rule) of the ART Act does not apply in relation to the ART’s review of an objection decision.
(4) Instead, if:
(a) at any time during the ART’s review of an objection decision a document that is necessary to the review comes into the possession or under the control of the decision‑maker; and
(b) the document has not been given to the ART for the purposes of the review;
the decision‑maker must give a copy of the document to the ART within 28 days after the day on which the document came into the possession or under the control of the decision‑maker.
(5) In addition to subsection (4), if, at any time during the ART’s review of an objection decision, the ART is satisfied that documents that may be relevant to the review are in the possession or under the control of the decision‑maker of the objection decision, the Tribunal may require the decision‑maker to give a list of those documents to the Tribunal within a specified period.
(6) To avoid doubt, the ART’s power in subsection (5) of this section is in addition to the ART’s power in section 26 (decision‑maker must give Tribunal additional documents on request—general rule) of the ART Act.
(7) For the purposes of the ART Act:
(a) the requirement to give a statement giving the reasons for the decision under paragraph (2)(a) of this section is taken to be the requirement to give a statement of reasons for the decision under paragraph 23(a) of that Act; and
(b) the requirement to give other documents under subsection (2), (4) or (5) of this section is taken to be the requirement to give other documents under Subdivision B of Division 4 of Part 3 of that Act; and
(c) a statement giving the reasons for a decision, given under subsection (2) of this section, is taken to have been given under paragraph 23(a) of that Act; and
(d) any other document, given under subsection (2), (4) or (5) of this section, is taken to have been given under Subdivision B of Division 4 of Part 3 of that Act.
Note: As a result of this subsection, the decision‑maker must, under section 27 of the ART Act, give a copy of the statement or documents to each other party to the proceedings within the relevant period. Also, exceptions under sections 28 and 29 of that Act in relation to giving documents might apply, and under section 24 of that Act the ART may order the decision‑maker to give the ART further information.
On an application for review of an objection decision:
(a) the applicant is, unless the ART orders otherwise, limited to the grounds stated in the objection to which the objection decision relates; and
(b) the applicant has the burden of proving that the administrative decision concerned should not have been made or should have been made differently.
(1) When the decision of the ART on the review of an objection decision or an extension of time refusal decision becomes final, the Commissioner must, within 60 days, take such action as is necessary to give effect to the ART’s decision.
(2) For the purposes of subsection (1), if:
(a) no appeal is lodged against the ART’s decision within the period for lodging an appeal; and
(b) no application to refer a decision of the ART to the guidance and appeals panel is made within the period for making the application;
the decision becomes final at the end of the period.
Repeal the section, substitute:
(1) This section applies if:
(a) an entity may apply to the ART for review of:
(i) an objection decision; and
(ii) one or more other decisions (whether or not of the Commissioner); and
(b) the decisions are related, or it would be efficient for the ART to consider the decisions together.
(2) Subject to the requirements of this Act or any other law relating to review of the decisions:
(a) the entity may apply for review of the decisions together; and
(b) the ART may deal with the decisions together.
6
Section 300‑5 (definitions of AAT Act and AAT extension application ) Repeal the definitions.
Insert:
ART means the Administrative Review Tribunal.
ART Act means theAdministrative Review Tribunal Act 2024 .
ART extension application means an application under section 19 of the ART Act to extend the period during which an application may be made to the ART for review of an objection decision or an extension of time refusal decision.
Omit “
Administrative Appeals Tribunal ”, substitute “Administrative Review Tribunal ”.
Omit “
Administrative Appeals Tribunal Act 1975 ”, substitute “Administrative Review Tribunal Act 2024 ”.
Omit “Administrative Appeals Tribunal”, substitute “Administrative Review Tribunal”.
Omit “Administrative Appeals Tribunal”, substitute “Administrative Review Tribunal”.
Omit “subsection 29(6) of the
Administrative Appeals Tribunal Act 1975 ”, substitute “subsection 20(2) of theAdministrative Review Tribunal Act 2024 ”.
Add:
(6) To avoid doubt, this section, instead of section 266 (decision‑maker to give notice of decision and review rights) of the
Administrative Review Tribunal Act 2024 , applies to the requirement to give notice of the making of a decision to which subsection 244(2) of this Act applies.
Omit “Administrative Appeals Tribunal for review of a decision may, under section 28 of that Act, request a statement that includes reasons for the decision”, substitute “Administrative Review Tribunal for review of a decision may, under section 268 of that Act, request a statement of reasons (within the meaning of that Act)”.
Omit “in relation to a case to which subsection 28(4) of the
Administrative Appeals Tribunal Act 1975 applies”, substitute “if the person has been given a statement of reasons under theAdministrative Review Tribunal Act 2024 (see subsection 269(7) of that Act)”.
Insert:
(2) Without limiting subsection (1), the market integrity rules may:
(a) provide for applications to be made to the Administrative Review Tribunal for review of decisions made under the rules; and
(b) contain provisions that apply:
(i) in addition to the
Administrative Review Tribunal Act 2024 ; or(ii) instead of that Act; or
(iii) contrary to that Act.
Omit “to sections 41 and 44A of the
Administrative Appeals Tribunal Act 1975 ”, substitute “sections 32 and 178 of theAdministrative Review Tribunal Act 2024 ”.
Omit “to sections 41 and 44A of the
Administrative Appeals Tribunal Act 1975 ”, substitute “sections 32 and 178 of theAdministrative Review Tribunal Act 2024 ”.
Omit “subsection 29(6) of the
Administrative Appeals Tribunal Act 1975 ”, substitute “subsection 20(2) of theAdministrative Review Tribunal Act 2024 ”.
Add:
(6) To avoid doubt, this section, instead of section 266 of the
Administrative Review Tribunal Act 2024 , applies to the requirement to give notice of the making of a decision to which section 1317B of this Act applies.
After “
Administrative Appeals Tribunal ”, insert “or Administrative Review Tribunal ”.
After “Administrative Appeals Tribunal”, insert “or Administrative Review Tribunal”.
After “Administrative Appeals Tribunal”, insert “or Administrative Review Tribunal”.
Omit “Administrative Appeals Tribunal”, substitute “Administrative Review Tribunal”.
Omit “Administrative Appeals Tribunal” (wherever occurring), substitute “Administrative Review Tribunal”.
Add:
(15) For the purposes of subsection (14), if:
(a) an application is made to the Administrative Appeals Tribunal before the day the
Administrative Review Tribunal Act 2024 commences; and(b) the application has not been finally determined by the Administrative Appeals Tribunal or a Court before that day;
subsection (14) applies as if the application had been made to the Administrative Review Tribunal on the day the application was made to the Administrative Appeals Tribunal.
Repeal the subsection.
Repeal the definition.
Omit “subsection 41(2) of the
Administrative Appeals Tribunal Act 1975 ”, substitute “section 32 of theAdministrative Review Tribunal Act 2024 staying or otherwise affecting the operation or implementation of the decision”.
Omit all of the words after “application”, substitute “may, subject to the
Administrative Review Tribunal Act 2024 :
(a) be made to the Tribunal for review of the decision; and
(b) include a statement to the effect that the person may request a statement of reasons under that Act.”.
Repeal the subsection, substitute:
(5) There must also be a statement to the effect that a request may be made under section 268 of that Act by (or on behalf of) such an entity for a statement of reasons.
Omit “
Administrative Appeals Tribunal Act 1975 ”, substitute “Administrative Review Tribunal Act 2024 ”.
Add:
(4) For the purposes of subsection (3), paragraph (3)(b) applies as if a reference to a decision under the
Administrative Review Tribunal Act 2024 that varies or sets aside a decision covered by paragraph (3)(a) included a reference to a decision of that kind made under theAdministrative Appeals Tribunal Act 1975 .
Repeal the subsection, substitute:
(4) There must also be a statement to the effect that a request may be made under section 268 of that Act by (or on behalf of) such an entity for a statement of reasons.
Repeal the subsection, substitute:
(4) There must also be a statement to the effect that a request may be made under section 268 of that Act by (or on behalf of) such an entity for a statement of reasons.
Repeal the definition.
Insert:
ART means the Administrative Review Tribunal.
Omit “the Administrative Appeals Tribunal for review of a decision (within the meaning of the
Administrative Appeals Tribunal Act 1975 )”, substitute “the Administrative Review Tribunal for review of a decision (within the meaning of theAdministrative Review Tribunal Act 2024 )”.
Omit “the Administrative Appeals Tribunal for review of a decision (within the meaning of the
Administrative Appeals Tribunal Act 1975 )”, substitute “the Administrative Review Tribunal for review of a decision (within the meaning of theAdministrative Review Tribunal Act 2024 )”.
Repeal the subsection.
Omit “Section 27A of the
Administrative Appeals Tribunal Act 1975 ”, substitute “Section 266 of theAdministrative Review Tribunal Act 2024 ”.
Repeal the subsection, substitute:
(7) If, because of the operation of subsection (4), a decision is deemed to be confirmed, the period within which an application for review of the decision must be made is 28 days beginning on the day on which the decision is deemed to be confirmed.
(8) Subsection (7) applies despite section 18 (when to apply—general rule) of the
Administrative Review Tribunal Act 2024 .
Repeal the subsections, substitute:
Period for making certain ART applications
(8) If a decision is taken to be confirmed because of subsection (5), then, despite section 18 (when to apply—general rule) of the
Administrative Review Tribunal Act 2024 , an application to the Administrative Review Tribunal must be made within 28 days beginning on the day on which the decision is taken to be confirmed.Note: A person may, under section 19 of that Act, apply to the Administrative Review Tribunal to extend the period.
Continued operation of decision despite request for review
(9) If a request is made under subsection (1) in respect of a reviewable decision, section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the
Administrative Review Tribunal Act 2024 applies as if the making of the request to the Regulator were the making of an application to the Tribunal for a review of that decision.(10) An order must not be made under subsection 32(2) of the
Administrative Review Tribunal Act 2024 in respect of a reviewable decision except by the Administrative Review Tribunal.
Insert:
(3A) For the purposes of subsection (3), a reference to the Administrative Review Tribunal is taken to include a reference to the Administrative Appeals Tribunal.
Repeal the section, substitute:
Period for making certain Administrative Review Tribunal applications
(1) If a decision is taken to be confirmed because of subsection 82(5) of this Act, then, despite section 18 (when to apply—general rule) of the
Administrative Review Tribunal Act 2024 , an application to the Administrative Review Tribunal must be made within 28 days beginning on the day on which the decision is taken to be confirmed.Note: A person may, under section 19 the
Administrative Review Tribunal Act 2024 , apply to the Administrative Review Tribunal to extend the period.
Continued operation of decision despite request for review
(2) If a request is made under subsection 82(1) of this Act in respect of a reviewable decision, section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the
Administrative Review Tribunal Act 2024 applies as if the making of the request were the making of an application to the Administrative Review Tribunal for a review of that decision.(3) An order must not be made under subsection 32(2) of the
Administrative Review Tribunal Act 2024 in respect of a reviewable decision except by the Administrative Review Tribunal.
Repeal the subsections, substitute:
Period for making certain Administrative Review Tribunal applications
(9) If a decision is taken to be confirmed because of subsection (5) then, despite section 18 (when to apply—general rule) of the
Administrative Review Tribunal Act 2024 , an application to the Administrative Review Tribunal must be made within 28 days beginning on the day on which the decision is taken to be confirmed.Note: A person may, under section 19 the
Administrative Review Tribunal Act 2024 , apply to the Administrative Review Tribunal to extend the period.
Continued operation of decision despite request for review
(10) If a request is made under subsection (1) in respect of a reviewable decision, section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the
Administrative Review Tribunal Act 2024 applies as if the making of the request were the making of an application to the Administrative Review Tribunal for a review of that decision.(11) An order must not be made under subsection 32(2) of the
Administrative Review Tribunal Act 2024 in respect of a reviewable decision except by the Administrative Review Tribunal.
Repeal the subsections, substitute:
(7) If a decision is deemed to be confirmed because of subsection (4), then, despite section 18 (when to apply—general rule) of the
Administrative Review Tribunal Act 2024 , an application to the Administrative Review Tribunal must be made within 28 days beginning on the day on which the decision is deemed to be confirmed.Note: A person may, under section 19 the
Administrative Review Tribunal Act 2024 , apply to the Administrative Review Tribunal to extend the period.(8) If a request is made under subsection (1) in respect of a reviewable decision, section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the
Administrative Review Tribunal Act 2024 applies as if the making of the request were the making of an application to the Tribunal for a review of that decision.(9) An order must not be made under subsection 32(2) of the
Administrative Review Tribunal Act 2024 in respect of a reviewable decision except by the Administrative Review Tribunal.(10) Despite section 69 (hearings to be in public unless practice directions or Tribunal order requires otherwise) of the
Administrative Review Tribunal Act 2024 , the hearing of a proceeding relating to a reviewable decision before the Administrative Review Tribunal is to be in private if the party who made the application requests that it be in private.
Repeal the following definitions:
(a) definition of
AAT ;(b) definition of
AAT Act ;(c) definition of
AAT extension application .
Insert:
ART means the Administrative Review Tribunal.
ART Act means theAdministrative Review Tribunal Act 2024 .
ART extension application means an application under section 19 of the ART Act to extend the period during which an application may be made to the ART for review of a reviewable objection decision or an extension of time refusal decision.
Repeal the sections, substitute:
(1) The ART Act applies in relation to:
(a) the review of reviewable objection decisions; and
(b) the review of extension of time refusal decisions; and
(c) ART extension applications;
subject to this Division.
(2) Subsection (3) applies if the ART President refers to the guidance and appeals panel under section 128 of the ART Act a decision made by the ART to affirm, vary or set aside either of the following decisions (each of which is an
original decision ):
(a) a reviewable objection decision;
(b) an extension of time refusal decision.
(3) The ART Act, as modified by this Division (other than by the provisions mentioned in subsection (4)), applies in relation to:
(a) the application for review that is taken to be made under subsection 130(2) of that Act; and
(b) the review of the decision made by the ART;
in the same way as it applies to the review of, and the application for review of, the original decision.
(4) The provisions are:
(a) subsections 14ZZB(1) to (4); and
(b) section 14ZZC; and
(c) subsections 14ZZF(1) and (2).
(1) Section 268 (requesting reasons for reviewable decision from decision‑maker) of the ART Act does not apply in relation to a reviewable objection decision that has been taken to have been made under subsection 14ZYA(3) or 14ZYB(2) of this Act.
(2) Sections 17 (who can apply) and 18 (when to apply—general rule) of the ART Act do not apply in relation to:
(a) a reviewable objection decision; or
(b) an extension of time refusal decision.
(3) The President of the ART may allow a longer period to make an application to refer a decision of the ART on the review of a reviewable objection decision or an extension of time refusal decision to the guidance and appeals panel under section 125 (when to apply to refer Tribunal decision) of the ART Act only if the period for making the application has not expired.
(4) If the President of the ART decides to allow a longer period under section 125 of the ART Act (as modified by subsection (4) of this section), the President of the ART must notify the Commissioner as soon as practicable after making the decision.
(5) Section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the ART Act does not apply in relation to:
(a) a reviewable objection decision; or
(b) an extension of time refusal decision.
(6) However, despite subsection (5), section 32 (reviewable decision continues to operate unless Tribunal orders otherwise) of the ART Act applies in relation to a reviewable objection decision that relates to a small business taxation assessment decision, subject to the modifications set out in section 14ZZH of this Act.
(7) Section 127 (Tribunal decision continues to operate unless Tribunal orders otherwise) of the ART Act does not apply in relation to a reviewable objection decision or an extension of time refusal decision.
(8) Section 178 (operation and implementation of Tribunal’s decision) of the ART Act does not apply in relation to a reviewable objection decision.
(1) Despite section 18 (when to apply—general rule) of the ART Act, an application to the ART for review of a reviewable objection decision must be made within 60 days after the person making the application is served with notice of the decision.
Note: A person may, under section 19 of the ART Act, apply to the ART to extend the period.
(2) Despite subsection 34(1) of the ART Act, an application to the ART for a review of a decision must be in writing.
(3) An application to the ART for a review of a decision must set out a statement of the reasons for the application.
(4) Subsection (3) of this section applies in addition to subsection 34(2) of the ART Act.
Note: Subsection 34(2) of the ART Act requires applications to include the information specified for the application in practice directions made by the President of the ART.
(5) A failure to comply with subsection (3) does not affect the validity of the application.
Despite paragraph 22(1)(c) of the ART Act:
(a) a person (the
affected person ) whose interests are affected by a reviewable objection decision or an extension of time refusal decision may apply to become a party to a proceeding for review of the decision; and(b) the ART may make the affected person a party to the proceeding only if the ART is satisfied that the applicant for review of the decision consents.
Despite section 69 (hearings to be in public unless practice directions or Tribunal order requires otherwise) of the ART Act, the hearing of a proceeding before the ART for:
(a) a review of a reviewable objection decision; or
(b) a review of an extension of time refusal decision; or
(c) an ART extension application;
is to be in private if the party who made the application requests that it be in private.
(1) Section 23 (decision‑maker must give Tribunal reasons and documents—general rule) of the ART Act does not apply in relation to an application for review of a reviewable objection decision.
(2) Instead, the decision‑maker of a reviewable objection decision must give the ART the following documents within 28 days after the ART notifies the decision‑maker of the application for review of the decision:
(a) a statement giving the reasons for the decision;
(b) the notice of the taxation decision concerned;
(c) the taxation objection concerned;
(d) the notice of the objection decision;
(e) every other document that is:
(i) in the Commissioner’s possession or under the Commissioner’s control; and
(ii) considered by the Commissioner to be necessary to the review of the objection decision concerned;
(f) a list of the documents (if any) being given under paragraph (e).
(3) Section 25 (decision‑maker must give Tribunal additional documents within 28 days—general rule) of the ART Act does not apply in relation to the ART’s review of a reviewable objection decision.
(4) Instead, if:
(a) at any time during the ART’s review of a reviewable objection decision a document that is necessary to the review comes into the possession or under the control of the decision‑maker; and
(b) the document has not been given to the ART for the purposes of the review;
the decision‑maker must give a copy of the document to the ART within 28 days after the day on which the document came into the possession or under the control of the decision‑maker.
(5) In addition to subsection (4), if, at any time during the ART’s review of a reviewable objection decision, the ART is satisfied that documents that may be relevant to the review are in the possession or under the control of the decision‑maker of the reviewable objection decision, the Tribunal may require the decision‑maker to give a list of those documents to the Tribunal within a specified period.
(6) To avoid doubt, the ART’s power in subsection (5) of this section is in addition to the ART’s power in section 26 (decision‑maker must give Tribunal additional documents on request—general rule) of the ART Act.
(7) For the purposes of the ART Act:
(a) the requirement to give a statement giving the reasons for the decision under paragraph (2)(a) of this section is taken to be the requirement to give a statement of reasons for the decision under paragraph 23(a) of that Act; and
(b) the requirement to give other documents under subsection (2), (4) or (5) of this section is taken to be the requirement to give other documents under Subdivision B of Division 4 of Part 3 of that Act; and
(c) a statement giving the reasons for a decision, given under subsection (2) of this section, is taken to have been given under paragraph 23(a) of that Act; and
(d) any other document, given under subsection (2), (4) or (5) of this section, is taken to have been given under Subdivision B of Division 4 of Part 3 of that Act.
Note: As a result of this subsection, the decision‑maker must, under section 27 of the ART Act, give a copy of the statement or documents to each other party to the proceedings within the relevant period. Also, exceptions under sections 28 and 29 of that Act in relation to giving documents might apply, and under section 24 of that Act the ART may order the decision‑maker to give the ART further information.
(1) This section applies if:
(a) a party to a proceeding for review of a reviewable objection decision that relates to a small business taxation assessment decision applies for:
(i) an order staying or otherwise affecting the operation or implementation of the decision; or
(ii) an order varying or revoking such an order; and
(b) the party requesting the order is not the Commissioner of Taxation.
(2) Despite the ART Act, the ART must not make the order unless the party satisfies the ART that, when considered in the context of both the particular circumstances of the decision under review and the overall taxation system, the application for review and the request for making the order are not frivolous, vexatious, misconceived, lacking in substance or otherwise intended to unduly impede, prejudice or restrict the proper administration or operation of a taxation law.
Note 1: The kind of orders that the ART may make include the following:
(a) an order directing the Commissioner not to sue in a court to recover a specified amount relating to the reviewable objection decision (see subsection 255‑5(2) of Schedule 1 to this Act);
(b) an order directing the Commissioner to offer or accept payment of a liability relating to the reviewable objection decision by instalments under a specified arrangement (see section 255‑15 of Schedule 1 to this Act);
(c) an order directing the Commissioner not to issue one or more written notices to specified third parties who owe or may later owe money to the applicant as a means of recovering a liability relating to the reviewable objection decision (see section 260‑5 of Schedule 1 to this Act).
Note 2: However, an order that would materially and permanently alter the decision under review would not be an order staying or otherwise affecting the operation or implementation of such a decision for the purpose of securing the effectiveness of the hearing and determination of the application for review. For example:
(a) an order directing the Commissioner to defer the time at which a tax liability becomes due and payable; or
(b) an order directing the Commissioner to remit the imposition of interest charges on unpaid liabilities that are due and payable.
(1) This section applies in relation to:
(a) a review of a reviewable objection decision; and
(b) a review of an extension of time refusal decision; and
(c) an ART extension application.
(2) If:
(a) a hearing of a proceeding for the review of the decision or the application is not conducted in public; and
(b) a notice of appeal has not been lodged with the Federal Court;
the ART must ensure, as far as practicable, that its decision and the reasons for it are framed so as not to be likely to enable the identification of the person who made the application.
On an application for review of a reviewable objection decision:
(a) the applicant is, unless the ART orders otherwise, limited to the grounds stated in the taxation objection to which the decision relates; and
(b) the applicant has the burden of proving:
(i) if the taxation decision concerned is an assessment—that the assessment is excessive or otherwise incorrect and what the assessment should have been; or
(ii) in any other case—that the taxation decision concerned should not have been made or should have been made differently.
(1) When the decision of the ART on the review of a reviewable objection decision or an extension of time refusal decision becomes final, the Commissioner must, within 60 days, take such action, including amending any assessment or determination concerned, as is necessary to give effect to the decision.
(2) For the purposes of subsection (1), if:
(a) no appeal is lodged against the ART’s decision within the period for lodging an appeal; and
(b) no application to refer a decision of the ART to the guidance and appeals panel is made within the period for making the application;
the decision becomes final at the end of the period.
(1) The fact that a review is pending in relation to a taxation decision does not in the meantime interfere with, or affect, the decision and any tax, additional tax or other amount may be recovered as if no review were pending.
(2) However, the application of subsection (1) in relation to a small business taxation assessment decision is subject to any order made under subsection 32(2) of the ART Act.
Note: An order made under subsection 32(2) of the ART Act is subject to section 14ZZH (limitation on orders staying or affecting reviewable objection decisions relating to small business taxation assessment decisions) of this Act.
The provisions listed in the following table are amended as set out in the table.
30(3)(c)(iv) | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
22 (heading) | Administrative Appeals Tribunal | Administrative Review Tribunal |
22 | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
92 (heading) | Administrative Appeals Tribunal | Administrative Review Tribunal |
92 | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
58(1) | Administrative Appeals Tribunal | Administrative Review Tribunal |
58(3) | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
29(1), Schedule 1, | Administrative Appeals Tribunal | Administrative Review Tribunal |
29(3), Schedule 1, | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
4 | Administrative Appeals Tribunal | Administrative Review Tribunal |
22(1) | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
53ZD(1)(e)(iii) | Administrative Appeals Tribunal | Administrative Review Tribunal |
56BH(4) | Administrative Appeals Tribunal | Administrative Review Tribunal |
56BH(4) (note) | AAT review | review by the Administrative Review Tribunal |
56BJ(d) | Administrative Appeals Tribunal | Administrative Review Tribunal |
56CB | Administrative Appeals Tribunal | Administrative Review Tribunal |
56CB (note) | AAT review | review by the Administrative Review Tribunal |
56GD(5) | Administrative Appeals Tribunal | Administrative Review Tribunal |
95ZC(6) | Administrative Appeals Tribunal | Administrative Review Tribunal |
10.84(1) | Administrative Appeals Tribunal | Administrative Review Tribunal |
10.84(2) (definition of decision) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
10.85(1)(a) | Administrative Appeals Tribunal under | Administrative Review Tribunal under |
10.85(1)(a) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
The provisions listed in the following table are amended as set out in the table.
9(1) (definition of Tribunal) | Administrative Appeals Tribunal | Administrative Review Tribunal |
164(3) | Administrative Appeals Tribunal | Administrative Review Tribunal |
164(4) | Administrative Appeals Tribunal | Administrative Review Tribunal |
164(7) (note) | Administrative Appeals Tribunal | Administrative Review Tribunal |
656A(1) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
657C(2) (note) | Administrative Appeals Tribunal | Administrative Review Tribunal |
657EA(1) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
Part 9.4A (heading) | Administrative Appeals Tribunal | Administrative Review Tribunal |
1317A (definition of decision) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
1317B(2) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
1349(5)(d) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
1577(3) (definition of relevant body) | Administrative Appeals Tribunal | Administrative Review Tribunal |
20‑1, Schedule 2 | Administrative Appeals Tribunal | Administrative Review Tribunal |
40‑1, Schedule 2 | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
14(3) | Administrative Appeals Tribunal | Administrative Review Tribunal |
15(3) | Administrative Appeals Tribunal | Administrative Review Tribunal |
17(3) | Administrative Appeals Tribunal | Administrative Review Tribunal |
18(3) | Administrative Appeals Tribunal | Administrative Review Tribunal |
19(3) | Administrative Appeals Tribunal | Administrative Review Tribunal |
20(3) | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
162C(5) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
The provisions listed in the following table are amended as set out in the table.
45(4) | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
45 | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
6(1) (definition of Tribunal) | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
34‑33(4) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
34‑33(4) | *AAT | *ART |
34‑40 (heading) | Administrative Appeals Tribunal | Administrative Review Tribunal |
34‑40 | *AAT | *ART |
40‑675 | *AAT | *ART |
40‑675 | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
40‑1010(7) | *AAT | *ART |
40‑1010(7) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
376‑245(6)(b) | *AAT | *ART |
376‑250(3) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
376‑250(3) | *AAT | *ART |
376‑255 (heading) | Administrative Appeals Tribunal | Administrative Review Tribunal |
376‑255 | *AAT | *ART |
378‑70(4)(b) | *AAT | *ART |
378‑85(3) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
378‑85(3) | *AAT | *ART |
378‑90 (heading) | Administrative Appeals Tribunal | Administrative Review Tribunal |
378‑90 | *AAT | *ART |
415‑85 | *AAT | *ART |
The provisions listed in the following table are amended as set out in the table.
212 | Administrative Appeals Tribunal | Administrative Review Tribunal |
323 | AAT | ART |
327 (heading) | Administrative Appeals Tribunal | Administrative Review Tribunal |
327(1)(i) | Administrative Appeals Tribunal | Administrative Review Tribunal |
328(2)(b) | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
54 (heading) | Administrative Appeals Tribunal | Administrative Review Tribunal |
54 | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
12(6) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
12(6) | Administrative Appeals Tribunal for | Administrative Review Tribunal for |
13(1)(b) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
13(1)(b) | Administrative Appeals Tribunal for | Administrative Review Tribunal for |
13(2) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
13(2) | Administrative Appeals Tribunal for | Administrative Review Tribunal for |
The provisions listed in the following table are amended as set out in the table.
2 (definition of Tribunal) | Administrative Appeals Tribunal | Administrative Review Tribunal |
20(10) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
The provisions listed in the following table are amended as set out in the table.
67AA(5)(b) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
189(7) (heading) | AAT | ART |
189(7) | Administrative Appeals Tribunal | Administrative Review Tribunal |
190(1)(b) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
190(1)(b) | Administrative Appeals Tribunal for | Administrative Review Tribunal for |
190(2) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
190(2) | Administrative Appeals Tribunal for | Administrative Review Tribunal for |
The provisions listed in the following table are amended as set out in the table.
58(3)(b)(ii) | Administrative Appeals Tribunal | Administrative Review Tribunal |
80 | Administrative Appeals Tribunal | Administrative Review Tribunal |
83 (heading) | AAT | ART |
83 | Administrative Appeals Tribunal | Administrative Review Tribunal |
85(1)(b) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
85(1)(b) | Administrative Appeals Tribunal for | Administrative Review Tribunal for |
85(2) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
85(2) | Administrative Appeals Tribunal for | Administrative Review Tribunal for |
The provisions listed in the following table are amended as set out in the table.
126L(5)(c) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
130F(7)(b) | Administrative Appeals Tribunal | Administrative Review Tribunal |
131(4B)(b) | Administrative Appeals Tribunal | Administrative Review Tribunal |
131EE(1) (heading) | Administrative Appeals Tribunal | Administrative Review Tribunal |
131EE(1)(b) | Administrative Appeals Tribunal | Administrative Review Tribunal |
344(8) (heading) | AAT | ART |
344(8) | Administrative Appeals Tribunal | Administrative Review Tribunal |
345(1)(b) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
345(1)(b) | Administrative Appeals Tribunal for | Administrative Review Tribunal for |
345(2) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
345(2) | Administrative Appeals Tribunal for | Administrative Review Tribunal for |
The provisions listed in the following table are amended as set out in the table.
16(6) | Administrative Appeals Tribunal | Administrative Review Tribunal |
17(1)(b) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
17(1)(b) | Administrative Appeals Tribunal for | Administrative Review Tribunal for |
17(2) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
17(2) | Administrative Appeals Tribunal for | Administrative Review Tribunal for |
The provisions listed in the following table are amended as set out in the table.
70‑1 | Administrative Appeals Tribunal | Administrative Review Tribunal |
70‑10 | Administrative Appeals Tribunal | Administrative Review Tribunal |
70‑30(2) | Administrative Appeals Tribunal | Administrative Review Tribunal |
The provisions listed in the following table are amended as set out in the table.
2(1) (definition of Tribunal) | Administrative Appeals Tribunal | Administrative Review Tribunal |
14Y(2) | Administrative Appeals Tribunal Act 1975 | Administrative Review Tribunal Act 2024 |
Division 4, Part IVC (heading) | AAT | ART |
265‑115(2)(b)(i), Schedule 1 | *AAT | *ART |
284‑15(3)(c), Schedule 1 | *AAT | Administrative Appeals Tribunal, the *ART |
The provisions listed in the following table are amended as set out in the table.
3(1) (definition of Tribunal) | Administrative Appeals Tribunal | Administrative Review Tribunal |
3(1) (paragraph (b) of the definition of decision to which this Act applies) | the Tribunal | the Tribunal or the Administrative Appeals Tribunal |
Add:
Note: Section 266 of the
Administrative Review Tribunal Act 2024 requires a decision‑maker to take reasonable steps to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.
Repeal the section.
Repeal the note, substitute:
Note: Section 266 of the
Administrative Review Tribunal Act 2024 requires the decision‑maker to notify persons whose interests are affected by the decision of the making of the decision and their right to have the decision reviewed.
4 Subsection 5(1) (definition of AAT Act migration decision ) Repeal the definition.
Insert:
ART means the Administrative Review Tribunal.
ART Act means theAdministrative Review Tribunal Act 2024 .
ART Act migration decision : see section 474A.
ART member means a member of the ART.
ART practice directions means practice directions made under section 36 of the ART Act.
ART Principal Registrar means the Principal Registrar within the meaning of the ART Act.
Repeal the following definitions:
(a) definition of
excluded fast track review applicant ;(b) definition of
fast track applicant ;(c) definition of
fast track decision ;(d) definition of
fast track reviewable decision ;(e) definition of
fast track review applicant .
7
Subsection 5(1) (definition of finally determined ) Repeal the definition, substitute:
finally determined : for when an application under this Act isfinally determined , see section 11A.
8
Subsection 5(1) (definition of Immigration Assessment Authority ) Repeal the definition.
9
Subsection 5(1) (paragraph (d) of the definition of migration decision ) Repeal the paragraph, substitute:
(d) an ART Act migration decision.
Repeal the following definitions:
(a) definition of
Part 5‑reviewable decision ;(b) definition of
Part 7‑reviewable decision ;(c) definition of
referred applicant .
Insert:
reviewable migration decision : see section 338.
reviewable protection decision : see section 338A.
Repeal the definition.
Repeal the subsections.
Repeal the subsections.
Insert:
11A When applications under this Act are finally determined
(1) An application under this Act is
finally determined when:
(a) a decision that has been made in respect of the application is not, or is no longer, subject to any form of review by application to the ART under Part 5; or
(b) a decision that has been made in respect of the application was subject to some form of review by application to the ART under Part 5 but the period within which such a review could be instituted has ended without a review having been instituted as prescribed.
(2) If a review of a decision that has been made in respect of an application under this Act is instituted by application to the ART under Part 5 as prescribed, the application is
finally determined when a decision on review in respect of the application is taken to have been made as provided by the following provisions:
(a) if the decision on review is made under section 105 of the ART Act or paragraph 368C(3)(b) or subsection 368C(5) of this Act—section 368 of this Act;
(b) if the application for review is dismissed under the ART Act and an application for reinstatement cannot be made under section 368C of this Act—section 368B of this Act.
(3) However, subsection (2) does not apply in relation to a decision of the ART to remit a reviewable migration decision or a reviewable protection decision under subsection 349(2).
Repeal the paragraph, substitute:
(a) would be the reason, or part of the reason for refusing to grant a visa; and
Repeal the note.
Repeal the note.
Omit “under Part 5 or 7”, substitute “by application under Part 5”.
Omit “made;”, substitute “made.”.
Repeal the paragraphs.
Omit “or 7”.
Add:
(6) Section 267 (decision‑maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notifications given under this section.
(7) Section 268 (requesting reasons for a reviewable decision from decision‑maker) of the ART Act does not apply in relation to decisions to refuse to grant a visa.
Omit “Administrative Appeals Tribunal”, substitute “ART”.
Omit “Tribunal, or the Immigration Assessment Authority”, substitute “ART”.
Omit “, the Immigration Assessment Authority, or the Tribunal”, substitute “or the ART”.
Repeal the paragraph.
Omit “under Part 5 or 7”, substitute “by application under Part 5”.
Add:
(6) Section 267 (decision‑maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notifications given under subsection (3) of this section.
(7) Section 268 (requesting reasons for a reviewable decision from decision‑maker) of the ART Act does not apply in relation to decisions to cancel a visa under this section.
Omit “Administrative Appeals Tribunal”, substitute “ART”.
Repeal the paragraph.
Omit “under Part 5 or 7”, substitute “by application under Part 5”.
After “reviewed”, insert “by the ART”.
Add:
(4) Section 267 (decision‑maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notifications given under this section.
(5) Section 268 (requesting reasons for a reviewable decision from decision‑maker) of the ART Act does not apply in relation to decisions to cancel a visa.
Omit “Administrative Appeals Tribunal or the former Migration Review Tribunal or former Refugee Review Tribunal,”, substitute “ART, former Administrative Appeals Tribunal, former Migration Review Tribunal or former Refugee Review Tribunal”.
Omit “Administrative Appeals Tribunal or the former Migration Review Tribunal or former Refugee Review Tribunal,”, substitute “ART, former Administrative Appeals Tribunal, former Migration Review Tribunal or former Refugee Review Tribunal”.
Omit “a Tribunal”, substitute “the ART, former Administrative Appeals Tribunal, former Migration Review Tribunal or former Refugee Review Tribunal”.
Omit “Administrative Appeals Tribunal or the former Migration Review Tribunal or former Refugee Review Tribunal,”, substitute “ART, former Administrative Appeals Tribunal, former Migration Review Tribunal or former Refugee Review Tribunal”.
Omit “Administrative Appeals Tribunal or the former Migration Review Tribunal or former Refugee Review Tribunal,”, substitute “ART, former Administrative Appeals Tribunal, former Migration Review Tribunal or former Refugee Review Tribunal”.
Omit “a Tribunal”, substitute “the ART, former Administrative Appeals Tribunal, former Migration Review Tribunal or former Refugee Review Tribunal”.
Omit “Administrative Appeals Tribunal”, substitute “ART”.
Omit “Administrative Appeals Tribunal”, substitute “ART”.
Insert:
(7B) Section 267 (decision‑maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notices given under subsection (7).
Omit “Administrative Appeals Tribunal” (wherever occurring), substitute “ART”.
Omit “Application may be made to the Administrative Appeals Tribunal”, substitute “An application may be made to the ART”.
Omit “under Part 5”, substitute “by the ART”.
Add:
(4) Section 267 (decision‑maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notices given under this section.
(5) Section 268 (requesting reasons for a reviewable decision from decision‑maker) of the ART Act does not apply in relation to a decision to not to revoke a cancellation under section 137L.
Repeal the paragraph.
After “reviewable”, insert “by application”.
Add:
(3) Section 267 (decision‑maker must have regard to rules when giving notice of decision) of the ART Act does not apply in relation to notices given under this section.
(4) Section 268 (requesting reasons for a reviewable decision from decision‑maker) of the ART Act does not apply in relation to a decision to cancel a visa under section 137Q.
Omit “under Part 5”, substitute “under the ART Act”.
Add:
(4) If the regulations provide for notification by the Minister of the decision to take action under section 140M, then the following provisions of the ART Act do not apply to the decision:
(a) section 267 (decision‑maker must have regard to rules when giving notice of decision);
(b) section 268 (requesting reasons for a reviewable decision from decision‑maker).
Omit “, 351 or 417”, substitute “or 351”.
Omit “under Part 7”, substitute “by the ART”.
Omit “Part 7”, substitute “Part 5”.
Omit “a valid application for review having been”, substitute “an application for review having been properly made”.
Omit “a valid application for review of the decision under Part 7 was”, substitute “an application for review of the decision under Part 5 was properly”.
Omit “under Part 7”, substitute “by the ART”.
Add:
(7) Section 268 (requesting reasons for a reviewable decision from decision‑maker) of the ART Act does not apply in relation to a decision under subsection (2) of this section.
Omit “Tribunal for a review of the security assessment before the end of 30 days after the receipt by the non‑citizen of notice of the assessment and the Tribunal”, substitute “ART for a review of the security assessment and the ART”.
Omit “Tribunal” (wherever occurring), substitute “ART”.
Repeal the subsection, substitute:
(5) Section 19 (ART may extend period) of the ART Act does not apply in relation to an application to the ART for a review of an adverse security assessment made for the purposes of subsection (1) of this section.
Omit “the Tribunal or another tribunal, or the Immigration Assessment Authority,”, substitute “the ART or another tribunal,”.
Repeal the definition.
Omit “
tribunal member ”, substitute “ART member ”.
Omit “tribunal member”, substitute “ART member”.
Omit “tribunal member”, substitute “ART member”.
Omit “
tribunal member ”, substitute “ART member ”.
Omit “tribunal member”(wherever occurring), substitute “ART member”.
Omit “tribunal member”, substitute “ART member”.
Omit “
tribunal member ”, substitute “ART member ”.
Omit “tribunal member”, substitute “ART member”.
Omit “
tribunal member ”, substitute “ART member ”.
Omit “tribunal member” (wherever occurring), substitute “ART member”.
Omit “tribunal member”, substitute “ART member”.
Omit “tribunal member”, substitute “ART member”.
Omit “tribunal member”, substitute “ART member”.
Omit “tribunal member”, substitute “ART member”.
Omit “
tribunal member ”, substitute “ART member ”.
Omit “tribunal member” (wherever occurring), substitute “ART member”.
Omit “tribunal member”, substitute “ART member”.
Omit “
tribunal member ”, substitute “ART member ”.
Omit “tribunal member” (first occurring), substitute “ART member”.
Omit “tribunal member”, substitute “ART member”.
Omit “tribunal member” (wherever occurring), substitute “ART member”.
Omit “tribunal member” (wherever occurring), substitute “ART member”.
Omit “tribunal member”, substitute “ART member”.
Omit “tribunal member”, substitute “ART member”.
Omit “tribunal member’s”, substitute “ART member’s”.
Omit “tribunal member”, substitute “ART member”.
Omit “tribunal member” (wherever occurring), substitute “ART member”.
Omit “tribunal member”, substitute “ART member”.
90
Subsection 271(4) (paragraphs (b) and (c) of the definition of migration proceedings ) Repeal the paragraphs, substitute:
(b) proceedings in the ART for the review of a decision under this Act, including a decision to make a deportation order.
Repeal the definition.
Omit “review authority”, substitute “the ART”.
Omit “review authority”, substitute “the ART”.
Omit “, 417”.
Omit “
Administrative Appeals Tribunal ”, substitute “ART ”.
Omit “Applications may be made to the Administrative Appeals Tribunal”, substitute “An application may be made to the ART”.
Repeal the note, substitute:
Note: The ART Act requires that reasonable steps be taken to notify people whose interests are affected by reviewable decisions of the Authority of their rights to seek review of the decision.
Omit “, 417”.
Omit “
Administrative Appeals Tribunal Act 1975 ”, substitute “ART Act”.
Repeal the note, substitute:
Note: The applicant may apply to the ART for review of the decision: see section 306 of this Act. The ART Act requires that reasonable steps be taken to notify people whose interests are affected by the Authority’s decision of their rights to seek review of the decision.
Omit “Administrative Appeals Tribunal”, substitute “ART”.
Repeal the section, substitute:
Subject to the ART Act, an application may be made to the ART for review of a decision by the Migration Agents Registration Authority made under this Division.
Omit “Administrative Appeals Tribunal”, substitute “ART”.
Repeal the section, substitute:
Subject to the ART Act, an application may be made to the ART for review of a decision by the Migration Agents Registration Authority under subsection 311A(1).
Omit “review authority concerned”, substitute “ART”.
106
Subsection 312B(3) (definition of review application ) Omit “a review authority”, substitute “the ART”.
Repeal the paragraph, substitute:
(b) the ART.
Omit “a review authority”, substitute “the ART”.
Omit “review authority”, substitute “ART”.
Omit “
a review authority ”, substitute “the ART ”.
Omit “A review authority”, substitute “The ART”.
Omit “a review authority”, substitute “the ART”.
Omit “the review authority”, substitute “the ART”.
114
Subsection 332G(5) (definition of review application ) Omit “a review authority”, substitute “the ART”.
Omit “the Tribunal or another tribunal, or the Immigration Assessment Authority,”, substitute “the ART or another tribunal,”.
Omit “subsection 5(9)”, substitute “section 11A”.
Repeal the heading, substitute:
Repeal the heading, substitute:
Repeal the section, substitute:
This Part provides for the review of reviewable migration decision and reviewable protection decisions by the ART (short for the Administrative Review Tribunal).
Such decisions relate to the grant or cancellation of visas in some circumstances and to decisions under subsection 197D(2) (decision that protection finding would no longer be made). They do not include decisions in relation to which the Minister has given a conclusive certificate.
Repeal the section, substitute:
This Part applies in relation to the review by the ART of reviewable migration decisions and reviewable protection decisions.
Note: ART stands for Administrative Review Tribunal (see subsection 5(1)).
(1) Subject to section 357A of this Act, the ART Act applies in relation to a review by the ART of reviewable migration decisions and reviewable protection decisions unless this Part expressly provides otherwise.
(2) The following provisions of the ART Act do not apply in relation to the review by the ART of reviewable migration decisions or reviewable protection decisions:
(a) paragraph 21(2)(b) (notice of application to decision‑maker);
(b) paragraph 21(2)(c) (notice of application to other persons made a party to the proceedings);
(c) subsection 21(3) (notice of application and right to apply to become a party);
(d) section 23 (decision‑maker must give Tribunal reasons and documents—general rule);
(e) section 24 (decision‑maker must give Tribunal additional statement if Tribunal requires—general rule);
(f) section 25 (decision‑maker must give Tribunal additional documents within 28 days—general rule);
(g) section 27 (decision‑maker must give copies of reasons and documents to other parties—general rule);
(h) section 32 (reviewable decision continues to operate unless Tribunal orders otherwise);
(i) section 85 (tribunal may remit decision to decision‑maker for reconsideration);
(j) section 103 (if parties reach agreement—review of decisions only);
(k) section 107 (when Tribunal’s decision on review comes into operation);
(l) section 294 (legal or financial assistance), unless the review is of a decision referred to the guidance and appeals panel by the President of the ART under section 122 of the ART Act.
Note: Other provisions of this Part turn off or otherwise modify the operation of other provisions of the ART Act.
121
Section 337 (definition of decision on a review ) Repeal the definition, substitute:
decision on a review means any of the following decisions of the ART in relation to an application for review of a reviewable migration decision or a reviewable protection decision:
(a) a decision under section 105 of the ART Act to affirm the decision;
(b) a decision under section 105 of the ART Act to vary the decision;
(c) a decision under subsection 349(2) of this Act to remit a matter in relation to the decision for reconsideration;
(d) a decision under section 105 of the ART Act to set the decision aside and substitute a new decision;
(e) a decision under paragraph 368C(3)(b) or subsection 368C(5) of this Act to confirm a decision to dismiss the application.
Repeal the following definitions:
(a) definition of
member ;(b) definition of
officer of the Tribunal ;(c) definition of
Part 5‑reviewable decision ;(d) definition of
Registrar .
Repeal the note.
Repeal the heading.
Repeal the heading, substitute:
Omit “
Part 5‑reviewable decision ”, substitute “reviewable migration decision ”.
Repeal the paragraph, substitute:
(b) the decision is a reviewable protection decision; or
Omit “visa; or”, substitute “visa.”.
Repeal the paragraph.
Omit “
Part 5‑reviewable decision ”, substitute “reviewable migration decision ”.
Omit “
Part 5‑reviewable decisions ”, substitute “reviewable migration decisions ”.
Omit “
Part 5‑reviewable decision ”, substitute “reviewable migration decision ”.
Insert:
(1) Subject to subsection (2), the following decisions are
reviewable protection decisions :
(a) a decision, made before 1 September 1994, that a non‑citizen is not a refugee under the Refugees Convention as amended by the Refugees Protocol (other than such a decision made after a review by the Minister of an earlier decision that the person was not such a refugee);
(b) a decision, made before 1 September 1994, to refuse to grant, or to cancel, a visa, or entry permit (within the meaning of this Act as in force immediately before that date), a criterion for which is that the applicant for it is a non‑citizen who has been determined to be a refugee under the Refugees Convention as amended by the Refugees Protocol (other than such a decision made under the Migration (Review) (1993) Regulations or under the repealed Part 2A of the Migration (Review) Regulations);
(c) a decision to refuse to grant a protection visa, other than a decision that was made relying on:
(i) subsection 5H(2), or 36(1B) or (1C); or
(ii) paragraph 36(2C)(a) or (b);
(d) a decision to cancel a protection visa, other than a decision that was made because of:
(i) subsection 5H(2) or 36(1C); or
(ii) an assessment by the Australian Security Intelligence Organisation that the holder of the visa is directly or indirectly a risk to security (within the meaning of section 4 of the
Australian Security Intelligence Organisation Act 1979 ); or(iii) paragraph 36(2C)(a) or (b);
(e) a decision under subsection 197D(2) that an unlawful non‑citizen is no longer a person in respect of whom a protection finding within the meaning of subsection 197C(4), (5), (6) or (7) would be made.
(2) The following decisions are not
reviewable protection decisions :
(a) decisions in relation to which the Minister has issued a conclusive certificate under section 339;
(b) any decision to cancel a protection visa that is made personally by the Minister;
(c) decisions made in relation to a non‑citizen who is not physically present in the migration zone when the decision is made.
Omit “
Part 5‑reviewable decision (see subsections 338(1) and 348(2))”, substitute “reviewable migration decision (see paragraph 338(1)(a)) or areviewable protection decision (see paragraph 338A(2)(a))”.
Repeal the heading, substitute:
Repeal the sections, substitute:
Making an application
(1) An application may be made to the ART for review of a reviewable migration decision or a reviewable protection decision.
(2) The application must:
(a) include the prescribed information (if any); and
(b) be accompanied by the prescribed documents (if any); and
(c) be accompanied by the prescribed fee (if any).
Time for making an application
(3) An application must be made:
(a) if the applicant is in immigration detention on the day the applicant is notified of the decision—within 7 days after the day the applicant is notified of the decision; or
(b) otherwise—within 28 days after the day the applicant is notified of the decision.
Certain provisions of the ART Act do not apply
(4) Subsection (3) applies despite section 18 (when to apply—general rule) of the ART Act.
(5) Section 19 (ART may extend period) of the ART Act does not apply in relation to reviewable migration decisions or reviewable protection decisions.
(6) Subsections 34(2) and (3) (information to include in applications and validity) of the ART Act do not apply to an application to the ART for review of a reviewable migration decision or a reviewable protection decision.
(7) Paragraph (2)(c) has effect despite any rules made for the purposes of section 296 (Tribunal may charge fees) of the ART Act to the extent those rules relate to applications to the ART for review of reviewable migration decisions or reviewable protection decisions.
(1) An application for review of a reviewable migration decision may only be made by:
(a) for a decision covered by subsection 338(2), (3), (3A), (4) or (7A)—the non‑citizen who is the subject of that decision; or
(b) for a decision covered by subsection 338(5) or (8)—by the sponsor or nominator referred to in the subsection concerned; or
(c) for a decision covered by subsection 338(6) or (7)—by the relative referred to in the subsection concerned; or
(d) for a decision covered by subsection 338(9)—by the person prescribed in respect of the kind of decision in question prescribed for the purposes of that subsection.
Note: Section 5G may be relevant for determining family relationships for the purposes of paragraph (c) of this subsection.
(2) If the reviewable migration decision is covered by subsection 338(2), (3), (3A) or (4), an application for review may only be made by a non‑citizen who is physically present in the migration zone when the application for review is made.
(3) If the reviewable migration decision is covered by subsection 338(7A), an application for review may only be made by a non‑citizen who:
(a) was physically present in the migration zone at the time when the decision was made; and
(b) is physically present in the migration zone when the application for review is made.
(4) An application for review of a reviewable protection decision may only be made by the non‑citizen who is the subject of the decision.
(5) An application for review of a reviewable protection decision may only be made by a non‑citizen who is physically present in the migration zone when the application for review is made.
(6) This section has effect despite section 17 (who can apply) and section 35 (applications may be made on behalf of a person) of the ART Act.
(1) If an application to the ART for review of a reviewable migration decision or a reviewable protection decision is properly made under sections 347 and 347A, the ART must review the decision.
Note: The ART has no jurisdiction to review a decision if the application for review is not properly made.
(2) However, the ART must not review, or continue to review, a reviewable migration decision or a reviewable protection decision in relation to which the Minister has issued a conclusive certificate under section 339.
(1) The Minister is taken to be a non‑participating party to a proceeding for review of a reviewable migration decision or a reviewable protection decision for the purposes of the ART Act.
(2) Despite paragraph 22(1)(c) of the ART Act, a person cannot apply to the ART to become a party to the proceeding for review of a reviewable migration decision or a reviewable protection decision.
(3) The Minister:
(a) cannot give a notice to the ART under section 62 (Tribunal may allow non‑participating party to participate) of the ART Act; and
(1) This item applies if a proceeding in the AAT is not finalised (however described) before the transition time.
(2) The proceeding must be continued and finalised by the ART in a manner that the ART considers is efficient and fair.
(3) For the purposes of subitem (2), the ART must have regard to the impact of the following on the parties to the proceeding:
(a) the repeal of the old Act;
(b) the enactment of the new Act;
(c) the effect (including the operation) of this Act.
(4) The ART must, as far as possible, continue the proceeding under the new law.
(5) To avoid doubt, subitem (4) has effect subject to subitem (2).
Effect of things done before the transition time (6) Anything done in, or in relation to, the proceeding before the transition time continues to have effect for the purposes of, or in relation to, the proceeding (as the case requires) after the transition time.
(7) Anything done in, or in relation to, the proceeding before the transition time that was valid under, or done in accordance with, the old law is taken to be valid under, or to have been done in accordance with, the new law for the purposes of the proceeding after the transition time.
(8) Anything done in, or in relation to, the proceeding before the transition time by the AAT is taken, after that time, to have been done by the ART.
(1) This item applies to a proceeding in a court that:
(a) relates to a decision made, or other thing done, by the AAT; and
(b) is not finalised before the transition time.
(2) Anything the court could have done in relation to the AAT before the transition time may be done in relation to the ART.
(1) The new law applies in relation to a thing done by, or in relation to, the AAT as if the thing had been done by, or in relation to, the ART.
(2) This item has effect subject to other items of this Schedule.
(1) This item applies if:
(a) information or a document was given to the AAT; and
(b) either:
(i) the AAT gave a direction, made an order or did any other thing to prohibit disclosure or publication of the information or document; or
(ii) the old law otherwise provided for the protection of the information or document (including by prohibiting disclosure or publication).
(2) The old law (including any offences under the old law) continues to apply in relation to the disclosure, publication or other protection of the information or document.
The person who was the President of the AAT immediately before the transition time:
(a) becomes the President of the ART at the transition time; and
(b) holds office as the President of the ART for the remainder of the term for which the person was appointed as President of the AAT.
A person who was both a judge and a Deputy President of the AAT immediately before the transition time:
(a) becomes a Judicial Deputy President of the ART at the transition time; and
(b) holds office as a Judicial Deputy President for the remainder of the term for which the person was appointed as Deputy President of the AAT.
30
AAT members—certain appointments on or after 1 January 2023
(1) This item applies if:
(a) a person was a member of the AAT immediately before the transition time; and
(b) the person is not covered by a previous provision of this Part; and
(c) the person was appointed as a member of the AAT:
(i) on or after 1 January 2023; and
(ii) as a result of a selection process conducted in accordance with the Guidelines for appointments to the Administrative Appeals Tribunal.
(2) At the transition time, the person becomes:
(a) if the person was a Deputy President but not a judge—a Non‑Judicial Deputy President of the ART; or
(b) if the person was a senior member (level 1 or 2)—a senior member of the ART; or
(c) if the person was a member (level 1, 2 or 3)—a general member of the ART.
(3) If the person was a full‑time member, the person becomes a salaried member of the ART.
(4) If the person was a part‑time member, the person becomes a sessional member of the ART.
(5) The person is taken to be appointed to the ART for the remainder of the term for which the person was appointed as a member of the AAT.
(6) For the remainder of that term, the terms and conditions (including remuneration) of the person’s appointment to the ART must be equal to, or better than, the terms and conditions that applied to the person as a member of the AAT immediately before the transition time.
Note: The person’s remuneration will not be better than their remuneration as a member of the AAT unless a higher level of remuneration is determined by the Remuneration Tribunal.
(7) If, immediately before the transition time, the person was a member of the AAT, the person may be reappointed as a member of the ART as if the person’s appointment as a member of the AAT were an appointment as a member of the ART.
(8) To avoid doubt, any leave entitlements the person had accrued immediately before the transition time as a member of the AAT continue in effect for the person as member of the ART.
(1) This item applies if:
(a) a person was a full‑time member of the AAT immediately before the transition time; and
(b) the person is not covered by a previous provision of this Part; and
(c) the person is (or is to be) appointed as a member of the ART commencing at, or immediately after, the transition time.
(2) The person’s remuneration:
(a) if the remainder of the term for which the person was appointed as a member of the AAT is 4 months or more—for the first 4 months as a member of the ART must not be less than the amount of remuneration the person would have received if the person had continued as a member of the AAT for those 4 months; or
(b) if the remainder of the term for which the person was appointed as a member of the AAT is less than 4 months—for the period of that remaining term after the transition time as a member of the ART must not be less than the amount of remuneration the person would have received as a member of the AAT for that period.
(3) No other compensation is payable by the Commonwealth in relation to the person’s appointment as a member of the AAT.
(4) Any leave entitlements the person had accrued immediately before the transition time as a member of the AAT continue in effect for the person as member of the ART.
(5) Subitem (4) has effect:
(a) despite subsection 30(3) of the
Remuneration Tribunal (Judicial and Related Offices—Remuneration and Allowances) Determination (No. 2) 2023 ; but(b) subject to subitem (6).
Election to have leave paid (6) The person may elect to have any leave entitlements the person had accrued immediately before the transition time as a member of the AAT paid out in accordance with subsection 30(3) of the
Remuneration Tribunal (Judicial and Related Offices—Remuneration and Allowances) Determination (No. 2) 2023 .
(7) The election must be:
(a) in writing; and
(b) signed by the person; and
(c) given to the Registrar of the AAT no later than 21 days before the transition time.
(8) To avoid doubt:
(a) the amount mentioned in subitem (2) is to be calculated by reference to the person’s remuneration immediately before the transition time; and
(b) the
Remuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018 does not apply in relation to the person’s appointment as a member of the AAT.
(1) This item applies if:
(a) a person was a full‑time member of the AAT immediately before the transition time; and
(b) the person is not covered by a previous provision of this Part.
(2) The Commonwealth must pay the person compensation as follows:
(a) if, at the transition time, the remainder of the term for which the person was appointed as a member of the AAT is 4 months or more—an amount equal to 4 months remuneration;
(b) if, at the transition time, the remainder of the term for which the person was appointed as a member of the AAT is less than 4 months—the amount the person would have received as remuneration for the remainder of that term.
(3) No other compensation is payable by the Commonwealth in relation to the person’s appointment as a member of the AAT.
(4) To avoid doubt:
(a) the amount mentioned in paragraph (2)(a) or (b) is to be calculated by reference to the person’s remuneration immediately before the transition time; and
(b) the
Remuneration Tribunal (Compensation for Loss of Office for Holders of Certain Public Offices) Determination 2018 does not apply in relation to the person’s appointment as a member of the AAT.
(1) If:
(a) apart from this item, the operation of this Part would result in the acquisition of property from a person otherwise than on just terms; and
(b) the acquisition would be invalid because of paragraph 51(xxxi) of the Constitution;
the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia or the Supreme Court of a State or Territory for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3) In this item:
acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.
just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.
33A
Appointments to commence at or shortly after the transition time
AAT President to be consulted on member appointments before transition time (1) Subitems (2) and (3) apply to any appointment of a person made in the exercise before the transition time of a power conferred by section 206, 207 or 208 of the new Act.
(2) Paragraphs 206(2)(b), 207(2)(a) and 208(2)(a) of the new Act do not apply to the appointment of the person.
(3) Before the Minister makes a recommendation to the Governor‑General to appoint the person, the Minister must seek, and take into account, the advice of the President of the AAT in relation to:
(a) whether the appointment would meet the operational needs of the Tribunal; and
(b) unless the appointment is as a Judicial Deputy President—the financial capacity of the Tribunal for the appointment; and
(c) the effect of the appointment on the relative numbers of Judicial Deputy Presidents, Non‑Judicial Deputy Presidents, senior members and general members.
Members assessed before the transition time (4) Paragraphs 207(2)(b) and 208(2)(b) of the new Act do not apply to the appointment of a person assessed as suitable for the appointment through a selection process that:
(a) is conducted in accordance with the Guidelines for appointments to the Administrative Appeals Tribunal; and
(b) commences on or after 1 July 2023.
Note: For appointment of non‑judicial members, the Guidelines require public advertising of the position and an assessment, by a panel of persons, of candidates’ suitability for the appointment against core selection criteria.
(5) Subitem (4) ceases to be in force 6 months after the transition time.
AAT President’s agreement required for appointment of Chief Executive Officer and Principal Registrar before transition time (6) Subitems (7) and (8) apply to any appointment of a person made in the exercise before the transition time of the power conferred by section 227 of the new Act.
(7) Paragraph 227(2)(c) of the new Act does not apply to the appointment of the person.
(8) Before the Minister makes a recommendation to the Governor‑General to appoint the person, the Minister must obtain the agreement of the President of the AAT to the appointment.
Chief Executive Officer and Principal Registrar assessed before the transition time (9) Paragraph 227(2)(b) of the new Act does not apply to the appointment of a person assessed, by a panel of persons, as suitable for the appointment through a selection process that:
(a) is merit‑based; and
(b) includes public advertising of the position; and
(c) commences on or after 1 February 2024.
(10) Subitem (9) ceases to be in force 1 month after the transition time.
In this Division:
IAA means the Immigration Assessment Authority.
Minister means the Minister administering theMigration Act 1958 .
35
Part 7AA fast track review—decision on protection visa application not made before transition time
(1) Subitem (2) applies if:
(a) immediately before the transition time, a person was a fast track applicant; and
(b) immediately before that time, a decision under section 65 of the
Migration Act 1958 on the person’s application for a protection visa had not been made; and(c) after the transition time, a decision is made to refuse to grant a protection visa to the person, other than a decision to refuse to grant such a visa:
(i) because the Minister or a delegate of the Minister is not satisfied that the person passes the character test under section 501 of that Act; or
(ii) relying on subsection 5H(2) or 36(1B) or (1C) or paragraph 36(2C)(a) or (b) of that Act.
(2) The Minister must refer the decision to refuse to grant the protection visa to the ART as soon as reasonably practicable after the decision is made.
(3) If the Minister refers a decision to the ART under subitem (2):
(a) the person is taken to have made an application to the ART under section 347 of the
Migration Act 1958 (as amended by Schedule 2 to this Act) for a review of a reviewable protection decision; and(b) the application is taken to have been properly made under sections 347 and 347A of that Act (as amended by Schedule 2 to this Act).
36
Part 7AA fast track review—decision not made by IAA before transition time
(1) This item applies if:
(a) before the transition time, a fast track reviewable decision had been referred or remitted to the IAA for review; and
(b) immediately before that time, the IAA had not made a decision on the review.
(2) The proceeding for review of the decision must be continued and finalised by the ART.
(3) For the purposes of subitem (2), the proceeding is taken to be a proceeding for review of a reviewable protection decision.
37
Part 7AA fast track review—excluded fast track review applicants
(1) Subitem (2) applies if:
(a) before the transition time:
(i) a person was an excluded fast track review applicant; and
(ii) a decision had been made to refuse to grant a protection visa to the person, other than a decision to refuse to grant such a visa on the grounds mentioned in subparagraph 35(1)(c)(i) or (ii); and
(b) after the transition time:
(i) a court remits the decision to the Minister; and
(ii) a decision has been made to refuse to grant a protection visa to the person, other than a decision to refuse to grant such a visa on the grounds mentioned in subparagraph 35(1)(c)(i) or (ii).
(2) The Minister must refer the decision to refuse to grant the protection visa to the ART as soon as reasonably practicable after the decision is made.
(3) If the Minister refers a decision to the ART under subitem (2):
(a) the person is taken to have made an application to the ART under section 347 of the
Migration Act 1958 (as amended by Schedule 2 to this Act), for a review of a reviewable protection decision; and(b) the application is taken to have been properly made under sections 347 and 347A of that Act (as amended by Schedule 2 to this Act).
38
Minister may substitute a more favourable decision The Minister may exercise a power conferred by section 351 of the
Migration Act 1958 on or after the transition day in relation to a decision made by the AAT before the transition day under section 349 or 415 of that Act.
(1) This item applies if, immediately before the transition time, a particular date was, for a migration decision, the date of the migration decision for the purposes of section 477, 477A or 486A of the
Migration Act 1958 .(2) That particular date continues to be the date of the migration decision for the purposes of the relevant section on and after the transition time, despite the amendment of the definition of
date of the migration decision in subsection 477(3) of theMigration Act 1958 made by Schedule 2 to this Act.
For the purposes of the operation of section 486D of the
Migration Act 1958 on and after the transition time, a reference to a tribunal decision includes a reference to a decision made before the transition time by:
(a) the AAT under Part 5 or 7 or section 500 of that Act; or
(b) the Immigration Assessment Authority under Part 7AA of that Act.
For the purposes of section 496 (delegation) of the
Migration Act 1958 , the Minister’s powers under this Schedule are taken to be powers under that Act.
The amendments made by Schedule 2 to this Act do not apply in relation to an application under the
Migration Act 1958 if the application was finally determined before the transition time.
In this Division:
AAT second review has the same meaning as in the old law.
ART social services decision has the meaning given by the new Act.
second review has the meaning given by the new Act.
(1) This item applies if:
(a) a person applied for AAT second review of an ART social services decision under the old law; and
(b) the AAT second review has begun or has been completed.
(2) The person is not entitled to apply to the ART for second review in relation to the decision.
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) Without limiting subitem (1), the rules may prescribe matters of a transitional nature (including prescribing any saving or application provisions) relating to:
(a) the amendments or repeals made by this Act; or
(b) the enactment of the new Act.
(3) Without limiting subitem (2), rules made for the purposes of that subitem may do either or both of the following:
(a) modify provisions of this Act or the new Act, or provide for the application (with or without modifications) of provisions of this Act or the new Act to matters to which they would otherwise not apply;
(b) modify the operation of this Act (including in respect of specified matters only).
(4) Despite subsection 12(2) of the
Legislation Act 2003 and subject to subitem (5), the rules may be expressed to take effect from a date before the rules are registered under that Act.
(5) If:
(a) the rules are expressed to take effect from a date before the rules are registered under the
Legislation Act 2003 ; and(b) a person engaged in conduct before the registration date; and
(c) but for the retrospective effect of the rules, the conduct would not have contravened a provision of an Act;
then a court must not convict the person of an offence, or order the person to pay a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of that Act.
(6) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund;
(e) directly amend the text of this Act or the new Act.
(7) This Schedule does not limit the rules that may be made for the purposes of subitem (1).
52 Consultation in relation to rules before the transition time (1) This item applies to rules made in the exercise before the transition time of the power conferred by section 295 of the new Act.
(2) Subsection 295(6) of the new Act does not apply to the making of the rules.
(3) Before making rules that would affect the practice, procedure or operations of the Tribunal, the Minister must consult the President of the AAT.
Repeal the Act.
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