Magistrates Court (Administrative Appeals Division) (Consequential Amendments) Regulations 2002
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Magistrates Court (Administrative Appeals Division) (Consequential Amendments) Act 2001 .17 June 2002
G. S. M. GREEN
Governor
By His Excellency’s Command,
P. PATMORE
Minister for Justice and Industrial Relations
1Short titleThese regulations may be cited as the Magistrates Court (Administrative Appeals Division) (Consequential Amendments) Regulations 2002 . 2CommencementThese regulations take effect on the day on which the Magistrates Court (Administrative Appeals Division) Act 2001 commences. 3Consequential amendmentsThe legislation specified in Schedule 1 is amended as specified in that Schedule. Schedule 1Consequential AmendmentsRegulation 3
1. Regulation 7 is rescinded. 1. Regulation 12 is rescinded. 1. Regulation 16 is rescinded and the following regulation is substituted: 16Parties to a review The parties to a review under section 35 of the Act include – (a) the Commissioner; and (b) the applicant for the review; and (c) the public officer of the association, if the application for the review is made by a member or creditor of the association; and (d) each person who appears from the records of the association to be a creditor of the association, if the application for the review is made by the public officer of the association. 2. Regulations 17 , 18 and 19 are rescinded. 1. Regulation 84 is amended by omitting "appeal to a magistrate if the person is aggrieved by" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of". 2. Regulations 85 and 86 are rescinded. 1. Regulation 271 is amended by omitting "Application may be made for review of a decision" and substituting "Application may be made to the Magistrates Court (Administrative Appeals Division) for a review of a decision of a Competent Authority". 1. Regulation 5 is rescinded. 1. Regulation 20 is rescinded. 1. Regulation 12 is amended by omitting "appeal" and substituting "application for a review". 1. Regulation 6 is rescinded. 2. Schedule 1 is amended by omitting Form 1 . 1. Regulation 80 is amended as follows: (a) by omitting from subregulation (1) "appeal to a magistrate against" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of"; (b) by omitting from subregulation (2) "appeal" and substituting "application for a review". 1. Regulation 9(10)(b) is amended as follows: (a) by omitting "of appeal" and substituting "to have the decision reviewed"; (b) by omitting "instituting an appeal" and substituting "applying for a review". 2. Regulation 10 is amended as follows: (a) by omitting from subregulation (1) "appeal to a magistrate" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the finding or determination"; (b) by omitting subregulations (2) and (3) . 3. Regulation 11 is rescinded. 4. Regulation 12 is amended as follows: (a) by omitting from subregulation (1) "an appeal" and substituting "an application for a review"; (b) by omitting from subregulation (1) "a magistrate" and substituting "the Magistrates Court (Administrative Appeals Division)"; (c) by omitting from subregulation (2) "magistrate" and substituting "Magistrates Court (Administrative Appeals Division)"; (d) by omitting from subregulation (2) “remit the appellant’s application to the Commission for reconsideration and determination” and substituting "remit the matter for reconsideration by the Commission in accordance with any directions or recommendations of the Court"; (e) by omitting subregulations (3) , (4) and (5) . 5. Regulations 13 , 14 and 15 are rescinded. 1. Regulations 12 and 13 are rescinded. 2. Regulation 15 is rescinded. 3. Schedule 1 is amended by omitting Forms 12 , 13 and 14 . 1. Regulation 3 is rescinded and the following regulation is substituted: 3Chairman of Committee is party to review under section 9 of Act The chairman of the Committee which makes an order under section 8 of the Sale of Hazardous Goods Act 1977 is a party to a review under section 9 of that Act. 1. Regulation 12 is rescinded. 1. Regulation 9(10)(b) is amended as follows: (a) by omitting "of appeal" and substituting "to have the decision reviewed"; (b) by omitting "instituting an appeal" and substituting "applying for a review". 2. Regulation 10 is amended as follows: (a) by omitting from subregulation (1) "appeal to a magistrate" and substituting "apply to the Magistrates Court (Administrative Appeals Division) for a review of the finding or determination"; (b) by omitting subregulations (2) and (3) . 3. Regulation 11 is rescinded. 4. Regulation 12 is amended as follows: (a) by omitting from subregulation (1) "an appeal" and substituting "an application for a review"; (b) by omitting from subregulation (1) "a magistrate" and substituting "the Magistrates Court (Administrative Appeals Division)"; (c) by omitting subregulation (2) and substituting the following subregulation: (2) If subregulation (1)(b) applies, the Magistrates Court (Administrative Appeals Division) may remit the matter for reconsideration by the reviewing authority in accordance with any directions or recommendations of the Court. (d) by omitting subregulations (3) , (4) and (5) . 5. Regulations 13 , 14 and 15 are rescinded. 1. Regulation 10 is rescinded. 2. Schedule 1 is amended by omitting Form 1 . 1. Regulation 13 is rescinded and the following regulation is substituted: 13Representation at review A party to an application for a review, with the consent of the Magistrates Court (Administrative Appeals Division) and the other party, may be represented by a legal practitioner, an employer organisation, an employee organisation or an interpreter. Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 26 June 2002
These regulations are administered in the Department of Justice and Industrial Relations.
EXPLANATORY NOTE
(This note is not part of the regulation) These regulations amend certain statutory rules consequential on the enactment of the