Tribunals Amalgamation Act 2015 (Cth)
Contents
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The Parliament of Australia enacts:
This Act may be cited as the
Tribunals Amalgamation Act 2015 .
(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 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 26 May 2015 |
Schedule 1 | 1 July 2015. | 1 July 2015 |
Schedule 2, Parts 1 and 2 | 1 July 2015. | 1 July 2015 |
Schedule 2, items 136 to 142 | The later of: (a) the start of 1 July 2015; and
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 July 2015 (paragraph (a) applies) |
Schedule 2, item 143 | The later of:
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 July 2015 (paragraph (a) applies) |
Schedule 2, items 144 and 145 | Immediately before the start of 1 July 2015. However, the provisions do not commence at all if Schedule 4 to the | Never commenced |
Schedule 2, items 146 to 154 | The later of:
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 July 2015 (paragraph (a) applies) |
Schedule 2, items 155 to 171 | 1 July 2015. However, the provisions do not commence at all if Schedule 7 to the | Never commenced |
Schedule 2, items 172 to 184 | The later of: (a) the start of 1 July 2015; and
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 July 2015 (paragraph (a) applies) |
Schedule 2, item 185 | Immediately after the commencement of Schedule 4 to the However, the provisions do not commence at all if:
(b) that Schedule does not commence. | Never commenced |
Schedule 2, item 186 | The later of: (a) the start of 1 July 2015; and
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 July 2015 (paragraph (a) applies) |
Schedule 2, item 187 | 1 July 2015. However, the provisions do not commence at all if Schedule 4 to the | 1 July 2015 |
Schedule 2, item 188 | 1 July 2015. However, the provisions do not commence at all if Schedule 7 to the | Never commenced |
Schedule 2, Part 3, Division 5 | 1 July 2015. | 1 July 2015 |
Schedule 2, Part 3, Division 6 | The later of: (a) the start of 1 July 2015; and
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | Never commenced |
Schedules 3 to 6 | 1 July 2015. | 1 July 2015 |
Schedule 7, Part 1 | 1 July 2015. | 1 July 2015 |
Schedule 7, Part 2 | The later of:
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | Never commenced |
Schedule 8, Part 1 | 1 July 2015. | 1 July 2015 |
Schedule 8, item 54 | The later of: (a) the start of 1 July 2015; and
However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 16 June 2016 (paragraph (b) applies) |
Schedule 8, items 55 and 56 | At the same time as the provisions covered by table item 19. However, if Schedule 1 to the | 1 July 2015 |
Schedule 9 | 1 July 2015. | 1 July 2015 |
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.
(1) The Minister must cause a review of the operation of the amendments made by this Act to be undertaken as soon as practicable after the end of the period of 3 years after the commencement of Schedule 1.
(2) The review must consider:
(a) the effect of the amendments made by this Act; and
(b) any other related matter that the Minister specifies.
(3) The person who undertakes the review must give the Minister a written report of the review within 6 months after the end of the 3‑year period.
(4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of receiving it.
Schedule 1 — Amendment of the Administrative Appeals Tribunal Act 1975
Repeal the section, substitute:
In carrying out its functions, the Tribunal must pursue the objective of providing a mechanism of review that:
(a) is accessible; and
(b) is fair, just, economical, informal and quick; and
(c) is proportionate to the importance and complexity of the matter; and
(d) promotes public trust and confidence in the decision‑making of the Tribunal.
Insert:
agency party means a party who is:
(a) the Secretary of a Department; or
(b) the Chief Executive Medicare; or
(c) the Chief Executive Centrelink; or
(d) the Child Support Registrar.
Insert:
authorised officer means an officer of the Tribunal who has been authorised by the President under section 59B for the purposes of the provision in which the expression occurs.
Chief Executive Centrelink has the same meaning as in theHuman Services (Centrelink) Act 1997 .
Chief Executive Medicare has the same meaning as in theHuman Services (Medicare) Act 1973 .
child support first review means a proceeding that is or would be a proceeding in the Social Services and Child Support Division on application for AAT first review within the meaning of theChild Support (Registration and Collection) Act 1988 .
4
Subsection 3(1) (definition of Conference Registrar ) Repeal the definition.
5
Subsection 3(1) (definition of Deputy President ) Repeal the definition, substitute:
Deputy President means a member appointed as a Deputy President of the Tribunal.
Repeal the following definitions:
(a) definition of
Deputy Registrar ;(b) definition of
District Registrar .
Insert:
engage in conduct has the same meaning as in theCriminal Code .
immigration advisory service means a body that provides services in relation to the seeking by non‑citizens (within the meaning of theMigration Act 1958 ) of permission to enter or remain in Australia.
Repeal the definition, substitute:
member means:
(a) the President; or
(b) a Deputy President; or
(c) a senior member; or
(d) any other member (of any level referred to in subsection 6(3)).
9
Subsection 3(1) (definition of officer of the Tribunal ) Repeal the definition, substitute:
officer of the Tribunal means:
(a) the Registrar; or
(b) a person appointed as an officer of the Tribunal under section 24PA.
Insert:
person who made the decision has a meaning affected by:
(a) if a review of the decision is or would be an AAT first review within the meaning of the
A New Tax System (Family Assistance) (Administration) Act 1999 —section 111B of that Act; and(b) if a review of the decision is or would be an AAT first review within the meaning of the
Paid Parental Leave Act 2010 —section 224A of that Act; and(c) if a review of the decision is or would be an AAT first review within the meaning of the
Social Security (Administration) Act 1999 —section 142A of that Act; and(d) if a review of the decision is or would be an AAT first review within the meaning of the
Student Assistance Act 1973 —section 311A of that Act.
10
Subsection 3(1) (definition of presidential member ) Repeal the definition, substitute:
presidential member means the President or a Deputy President.
11
Subsection 3(1) (paragraph (c) of the definition of proceeding ) Repeal the paragraph, substitute:
(c) an application to the Tribunal for review of a taxing of costs; and
Insert:
second review : a review by the Tribunal of a decision is or would be asecond review if another enactment:
(a) authorises an application to be made for review of the decision; and
(b) designates the review as an
AAT second review .
Repeal the definition, substitute:
senior member means a senior member of the Tribunal (of either level referred to in subsection 6(3)).
14
Subsection 3(1) (definition of Small Taxation Claims Tribunal ) Repeal the definition.
Omit “, which shall consist of a President, the other presidential members, the senior members, and the other members, appointed in accordance with this Act”.
Insert:
The Tribunal consists of the following members:
(a) the President;
(b) Deputy Presidents;
(c) senior members;
(d) other members.
Repeal the subsections, substitute:
(2) A Judge who is to be appointed as a member of the Tribunal is to be appointed as the President or a Deputy President.
(3) A person (other than a Judge) who is to be appointed as a member of the Tribunal is to be appointed as:
(a) a Deputy President; or
(b) a senior member (level 1); or
(c) a senior member (level 2); or
(d) a member (level 1); or
(e) a member (level 2); or
(f) a member (level 3).
Repeal the section, substitute:
President
(1) A person must not be appointed as the President unless the person is a Judge of the Federal Court of Australia.
Deputy President
(2) A person must not be appointed as a Deputy President unless the person:
(a) is a Judge of the Federal Court of Australia or the Family Court of Australia; or
(b) is enrolled as a legal practitioner (however described) of the High Court or the Supreme Court of a State or Territory and has been so enrolled for at least 5 years; or
(c) in the opinion of the Governor‑General, has special knowledge or skills relevant to the duties of a Deputy President.
Senior members and other members
(3) A person must not be appointed as a senior member or other member unless the person:
(a) is enrolled as a legal practitioner (however described) of the High Court or the Supreme Court of a State or Territory and has been so enrolled for at least 5 years; or
(b) in the opinion of the Governor‑General, has special knowledge or skills relevant to the duties of a senior member or member.
Omit “presidential”.
Omit “prescribed”, substitute “determined by the Minister in writing”.
Repeal the subsections, substitute:
Acting President
(1) The Minister may, by written instrument, appoint a Judge of the Federal Court of Australia to act as the President:
(a) during a vacancy in the office of President (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the President:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the
Acts Interpretation Act 1901 .
Acting member (other than President)
(2) The Minister may, by written instrument, appoint a person to act as a member (other than the President) during any period, or during all periods, when:
(a) a full‑time member is absent from duty or from Australia; or
(b) a part‑time member is unavailable to perform the duties of office.
Qualification for acting appointment
(3) A person must not be appointed to act in an office under subsection (1) or (2) unless the person meets the requirements in section 7 for appointment to the office.
Omit “or (3)”.
Repeal the subsections, substitute:
Terms and conditions of acting appointment
(7) Subject to this Part, a person (other than a Judge) appointed to act in an office under subsection (2) is to act on such terms and conditions as the Minister determines in writing.
Repeal the section, substitute:
(1) The Minister may, by signed instrument, delegate to the President any or all of the Minister’s powers or functions under this Act.
(2) The President may, by signed instrument, delegate to a member any or all of the President’s powers or functions under this Act or another enactment.
(3) The Registrar may, by signed instrument, delegate to an officer of the Tribunal or a member of the staff of the Tribunal any or all of the Registrar’s powers or functions under this Act or another enactment.
(4) In exercising powers or performing functions under a delegation, the delegate must comply with any directions of the delegator.
Repeal the sections, substitute:
(1) A full‑time member must not engage in paid employment outside the duties of his or her office without the President’s approval.
(2) A part‑time member must not engage in any paid employment that, in the President’s opinion, conflicts or may conflict with the proper performance of his or her duties.
(3) This section does not apply in relation to the holding by a member of an office or appointment in the Defence Force.
(1) A full‑time member has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The President may grant a full‑time member leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
(3) The President may grant leave of absence to a part‑time member on the terms and conditions that the President determines.
(1) The Governor‑General may terminate the appointment of a member if an address praying for the termination, on one of the following grounds, is presented to the Governor‑General by each House of the Parliament in the same session:
(a) proved misbehaviour;
(b) the member is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Governor‑General may terminate the appointment of a member if:
(a) the member:
(i) becomes bankrupt; or
(ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debts; or
(iii) compounds with one or more of his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or
(b) the member is a full‑time member and is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the member is a part‑time member and is unavailable, except on leave of absence, to perform the duties of his or her office for more than 3 months; or
(d) the member contravenes section 11 (outside employment); or
(e) the member fails, without reasonable excuse, to comply with section 14 (disclosure of interests).
(3) The Governor‑General may terminate the appointment of a member assigned to the Migration and Refugee Division if the member has a direct or indirect pecuniary interest in an immigration advisory service.
(4) The appointment of a member may not be terminated other than in accordance with this section.
(5) This section does not apply in relation to a member who is a Judge.
(1) If a member who is, or is to be, a member of the Tribunal as constituted for the purposes of a proceeding before the Tribunal has a conflict of interest in relation to the proceeding, the member:
(a) must disclose the matters giving rise to that conflict:
(i) to the parties; and
(ii) to the President (or, if the member is the President, the Minister); and
(b) must not take part in the proceeding or exercise any powers in relation to the proceeding unless the parties and the President (or, if the member is the President, the Minister) consent.
(2) For the purposes of this section, a member has a conflict of interest in relation to a proceeding before the Tribunal if the member has any interest, pecuniary or otherwise, that could conflict with the proper performance of the member’s functions in relation to the proceeding.
(3) If the President becomes aware that a member who is, or is to be, a member of the Tribunal as constituted for the purposes of a proceeding before the Tribunal has a conflict of interest in relation to the proceeding, the President:
(a) may, if the President considers it appropriate, direct the member not to take part in the proceeding; and
(b) if the President does not give such a direction—must ensure that the member discloses the matters giving rise to the conflict to the parties.
Repeal the Parts, substitute:
The Tribunal is to exercise powers conferred on it in the following Divisions:
(aa) Freedom of Information Division;
(a) General Division;
(b) Migration and Refugee Division;
(c) National Disability Insurance Scheme Division;
(d) Security Division;
(e) Social Services and Child Support Division;
(f) Taxation and Commercial Division;
(g) any other prescribed Division.
(1) The Tribunal’s powers in relation to a proceeding before the Tribunal are to be exercised:
(a) in the Division prescribed for such a proceeding; or
(b) if no Division is prescribed for a proceeding—in the Division that the President directs.
(2) Despite subsection (1), the following powers of the Tribunal may be exercised by the Tribunal only in the Security Division:
(a) the powers of review in respect of applications referred to in section 54 of the
Australian Security Intelligence Organisation Act 1979 ;(b) the power under the
Archives Act 1983 to review a decision of the Archives in respect of access to a record of the Australian Security Intelligence Organisation.
(1) The Minister must assign a non‑presidential member to one or more Divisions of the Tribunal.
(2) Before the Minister does so, the Minister must consult the President in relation to the proposed assignment.
(3) An assignment may only be varied with the consent of the member concerned.
(4) A non‑presidential member may exercise, or participate in the exercise of, powers of the Tribunal only in a Division to which the member is assigned.
(5) If the assignment is made in writing, the assignment is not a legislative instrument.
The Minister must not assign a member to the Freedom of Information Division unless the Minister is satisfied that the member:
(a) has training, knowledge or experience relating to the
Freedom of Information Act 1982 ; or(b) has other relevant knowledge or experience that will assist the member in considering matters relating to the operation of that Act.
Before assigning a member to the Migration and Refugee Division, the Minister must consult the Minister administering the
Migration Act 1958 in relation to the proposed assignment.
(1) Before assigning a member to the National Disability Insurance Scheme Division, the Minister must consult the Minister administering the
National Disability Insurance Scheme Act 2013 in relation to the proposed assignment.(2) The Minister must not assign a member to the National Disability Insurance Scheme Division unless the Minister is satisfied that the member:
(a) has training, knowledge or experience relating to disability; or
(b) has other relevant knowledge or experience that will assist the member in considering matters relating to the National Disability Insurance Scheme.
The Minister must not assign a member to the Security Division if the member is or has been:
(a) the Director‑General of Security; or
(b) an ASIO employee or ASIO affiliate.
Note: See also subsections 19E(3) and 19F(3).
Before assigning a member to the Social Services and Child Support Division, the Minister must consult the Minister administering the
Social Security (Administration) Act 1999 in relation to the proposed assignment.
Before assigning a member to the Taxation and Commercial Division, the Minister must consult the Treasurer in relation to the proposed assignment.
Sections 17A to 17H do not affect the validity of any exercise of powers by the Tribunal.
Assignment of Division heads
(1) The Minister may assign a Deputy President to be the head of one or more Divisions of the Tribunal.
(2) Before the Minister does so, the Minister must consult:
(a) the President; and
(b) any Minister required by sections 17D to 17H to be consulted in relation to the assignment of a member to the Division.
(3) The Minister must not assign a person to be the head of a Division if the person could not be assigned to that Division because of section 17CA, subsection 17E(2) or section 17F.
(4) If the assignment is made in writing, the assignment is not a legislative instrument.
(5) An assignment under subsection (1):
(a) must be for the duration, or the remaining duration, of the person’s appointment as a Deputy President; and
(b) may be varied, with the person’s consent; and
(c) cannot be revoked.
Function of Division heads
(6) The head of a Division has the function of assisting the President in the performance of the President’s functions by directing the business of the Tribunal in the Division.
Acting Division heads
(7) The Minister may, by written instrument, assign a Deputy President or senior member to act as the head of a Division during any period, or during all periods, when the head of the Division is absent from duty or from Australia. Such an assignment is taken to be an appointment to act for the purposes of the
Acts Interpretation Act 1901 .
Assignment of deputy Division heads
(1) The Minister may assign a Deputy President or a senior member to be the deputy head of one or more Divisions of the Tribunal.
(2) Before the Minister does so, the Minister must consult:
(a) the President; and
(b) any Minister required by sections 17D to 17H to be consulted in relation to the assignment of a member to the Division.
(3) The Minister must not assign a person to be the deputy head of a Division if the person could not be assigned to that Division because of section 17CA, subsection 17E(2) or section 17F.
(4) If the assignment is made in writing, the assignment is not a legislative instrument.
(5) An assignment under subsection (1):
(a) must be for the duration, or the remaining duration, of the person’s appointment as a Deputy President or senior member; and
(b) may be varied, with the person’s consent; and
(c) cannot be revoked.
Function of deputy Division heads
(6) The deputy head of a Division has the function of assisting the head of the Division in the performance of the head of the Division’s functions.
Acting deputy Division heads
(7) The Minister may, by written instrument, assign a member to act as the deputy head of a Division during any period, or during all periods, when the deputy head of the Division is absent from duty or from Australia. Such an assignment is taken to be an appointment to act for the purposes of the
Acts Interpretation Act 1901 .
Subject to this Act and the regulations, the President is responsible for ensuring:
(a) the expeditious and efficient discharge of the business of the Tribunal; and
(b) that the Tribunal pursues the objective in section 2A.
(1) The President may give written directions in relation to any or all of the following:
(a) the operations of the Tribunal;
(b) the procedure of the Tribunal;
(c) the conduct of reviews by the Tribunal;
(d) the arrangement of the business of the Tribunal;
(e) the places at which the Tribunal may sit.
(1A) Before the President does so, the President must consult the head of any Division to which the direction would apply.
(2) A failure by the Tribunal to comply with a direction does not invalidate anything done by the Tribunal.
(3) If the Tribunal deals with a proceeding in a way that complies with the directions given under this section, the Tribunal is not required to take any other action in dealing with the proceeding.
(4) Without limiting subsection (1), directions may deal with matters relating to the provision of documents under sections 37 and 38AA, including any or all of the following matters:
(a) documents that are or are not required to be lodged under paragraph 37(1)(b) and subsection 38AA(1);
(b) documents that are or are not required to be lodged under subsection 37(1AAB) for the purposes of second reviews;
(c) lodgement of documents for the purposes of subsection 37(1AB);
(d) lodgement of additional copies of documents;
(e) documents that are to be given to other parties under subsection 37(1AE).
Sittings of the Tribunal are to be held from time to time as required, in such places in Australia or an external Territory as are convenient.
(1) The President may give written directions in relation to:
(a) the members who are to constitute the Tribunal for the purposes of a proceeding; and
(b) if there is more than one such member—the member who is to preside.
(2) Paragraph (1)(b) does not apply to a proceeding in the Security Division.
(1) The Tribunal as constituted for the purposes of a proceeding:
(a) must not have more than 3 members, unless another provision of this Act or another enactment provides otherwise in relation to the proceeding; and
(b) must not have more than one member who is a Judge.
(2) At any time before the hearing of a proceeding commences, the powers of the Tribunal in relation to the proceeding may be exercised by the President or an authorised member.
(3) Subsection (2) does not apply in relation to the following powers:
(a) the power under section 34J (circumstances in which hearing may be dispensed with);
(b) the power under section 43 (Tribunal’s decision on review);
(c) the power under section 59 (advisory opinions);
(d) a power that a provision of this Act (except this section) or another enactment requires or permits to be exercised by:
(i) one or more persons specified by the provision; or
(ii) the Tribunal constituted in a way specified by the provision.
Note: Examples of powers covered by subparagraph (3)(d)(i) are the powers under sections 19A, 33 and 43AA. Examples of powers covered by subparagraph (3)(d)(ii) are the powers under section 19C.
(4) This section does not apply in relation to a proceeding in the Security Division (see Subdivision B).
(1) The Tribunal as constituted for the purposes of an application for review of a taxing of costs in another proceeding must be constituted by:
(a) the member who constituted the Tribunal for the purposes of the other proceeding; or
(b) if the Tribunal was constituted by more than one member for the purposes of the other proceeding—the member who presided for those purposes.
(2) However, the Tribunal is to be constituted as directed by the President if the member referred to in subsection (1):
(a) has stopped being a member; or
(b) is for any reason unavailable; or
(c) has been directed by the President not to take part in the review.
(3) The President must not give directions that would result in none of the members who constituted the Tribunal for the purposes of the other proceeding constituting the Tribunal for the purposes of the review, unless the President is satisfied that it is in the interests of justice to do so.
Before hearing commences
(1) At any time before the hearing of a proceeding commences, the President may revoke a direction under subsection 19A(1) in relation to the proceeding and give another such direction.
After hearing commences
(2) At any time after the hearing of a proceeding commences and before the Tribunal determines the proceeding, the President may revoke a direction under subsection 19A(1) in relation to the proceeding and give another such direction, if:
(a) the member, or one of the members, who constitutes the Tribunal for the purposes of the proceeding:
(i) stops being a member; or
(ii) is for any reason unavailable; or
(iii) is directed by the President not to take part in the proceeding; or
(b) the President considers that doing so is in the interests of achieving the expeditious and efficient conduct of the proceeding.
(3) Subsection (2) does not apply in relation to a proceeding in the Security Division.
(4) The reconstituted Tribunal must continue the proceeding. For this purpose, it may have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence taken in the proceeding).
President’s directions
(5) The President must not give a direction referred to in subparagraph (2)(a)(iii) unless the President:
(a) is satisfied that it is the interests of justice to do so; and
(b) has consulted the member concerned.
(6) The President must not, for the purposes of subsection (2), revoke a direction under subsection 19A(1) in relation to a proceeding and give another such direction unless the President:
(a) is satisfied that it is in the interests of justice to do so; and
(b) has consulted each member who as a result ceases to be a member of the Tribunal as constituted for the purposes of the proceeding.
(7) In giving directions for the purposes of this section, the President must have regard to the Tribunal’s objective in section 2A.
Scope
(1) This section applies to a proceeding in the Security Division other than a proceeding to which section 19F applies, but has effect subject to subsection 65(2) of the
Australian Security Intelligence Organisation Act 1979 .
Constitution of Security Division
(2) The Security Division is to be constituted by a presidential member and 2 other members.
(3) The presidential member must not participate in the proceeding if the presidential member is or has been:
(a) the Director‑General of Security; or
(b) an ASIO employee or ASIO affiliate.
Presiding member
(4) The presidential member is to preside at a hearing of the proceeding.
Reconstitution
(5) At any time after the hearing of a proceeding commences and before the Tribunal determines the proceeding, the President may revoke a direction under subsection 19A(1) in relation to the proceeding and give another such direction, in accordance with this section, if a member constituting the Tribunal for the purposes of the proceeding is for any reason unavailable.
(6) The reconstituted Tribunal must continue the proceeding. For this purpose, it may have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence taken in the proceeding).
Scope
(1) This section applies to a proceeding in the Security Division in relation to a review of a decision of the Archives under the
Archives Act 1983 relating to a record of the Australian Security Intelligence Organisation.
Constitution of Security Division
(2) The Security Division is to be constituted by:
(a) 3 presidential members; or
(b) a presidential member alone.
(3) A presidential member must not participate in the proceeding if the presidential member is or has been:
(a) the Director‑General of Security; or
(b) an ASIO employee or ASIO affiliate.
Presiding member
(4) If the Tribunal is constituted by 3 presidential members, the person who is to preside at a hearing of the proceeding is:
(a) if the President is one of the members—the President; or
(b) if the President is not one of the members but one or more Judges is—the most senior (or only) Judge; or
(c) if paragraphs (a) and (b) do not apply—the Deputy President whom the President directs to preside.
Reconstitution
(5) At any time after the hearing of a proceeding commences and before the Tribunal determines the proceeding, the President may revoke a direction under paragraph 19A(1)(a) in relation to the proceeding and give another such direction, in accordance with this section, if a member constituting the Tribunal for the purposes of the proceeding ceases to be available.
(6) The reconstituted Tribunal must continue the proceeding. For this purpose, it may have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence taken in the proceeding).
Repeal the section, substitute:
(1) The President is responsible for managing the administrative affairs of the Tribunal.
(2) However, the President is not responsible under subsection (1) for matters relating to the Tribunal under:
(a) the
Public Governance, Performance and Accountability Act 2013 ; or(b) the
Public Service Act 1999 .(3) The Registrar is not subject to direction by the President in relation to the Registrar’s performance of functions, or exercise of powers, under the Acts referred to in subsection (2).
(4) However, the Registrar must consult with the President in relation to the Registrar’s performance of those functions or exercise of those powers.
Repeal the paragraph, substitute:
(a) the following group of persons is a listed entity:
(i) the Registrar;
(ii) the staff of the Tribunal referred to in subsection 24N(1); and
Repeal the subsections.
Omit “the President”, substitute “the Minister”.
Omit “President, with the approval of the Minister,”, substitute “Minister”.
Repeal the section, substitute:
(1) The Governor‑General may terminate the appointment of the Registrar:
(a) for misbehaviour; or
(b) if the Registrar is unable to perform the duties of his or her office because of physical or mental incapacity.
(2) The Governor‑General may terminate the appointment of the Registrar if:
(a) the Registrar:
(i) becomes bankrupt; or
(ii) takes steps to take the benefit of any law for the relief of bankrupt or insolvent debts; or
(iii) compounds with one or more of his or her creditors; or
(iv) makes an assignment of his or her remuneration for the benefit of one or more of his or her creditors; or
(b) the Registrar is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Registrar engages in paid employment outside the duties of his or her office without the President’s consent under section 24J; or
(d) the Registrar fails, without reasonable excuse, to comply with section 24L (disclosure of interests).
(3) The appointment of the Registrar may not be terminated other than in accordance with this section.
Omit “President”, substitute “Minister”.
Repeal the sections, substitute:
(1) The staff of the Tribunal must be persons engaged under the
Public Service Act 1999 .(2) For the purposes of the
Public Service Act 1999 :
(a) the following persons together constitute a Statutory Agency:
(i) the Registrar;
(ii) the staff of the Tribunal referred to in subsection (1); and
(b) the Registrar is the head of that Statutory Agency.
The Registrar and members of the staff of the Tribunal have the functions and powers conferred on them:
(a) by this Act and any other enactment; and
(b) by the President.
The Registrar may, by writing, appoint a person to be an officer of the Tribunal if:
(a) the person is:
(i) a member of the staff of the Tribunal referred to in subsection 24N(1); or
(ii) an APS employee made available to the Tribunal; or
(iii) an officer of the Supreme Court of Norfolk Island; and
(b) the Registrar is satisfied that the person has appropriate qualifications and experience.
After “administrative affairs”, insert “, including the operation of the Divisions,”.
Repeal the section.
Insert:
(1) Except for the provisions specified in subsection (2), this Part does not apply in relation to a proceeding in the Migration and Refugee Division.
Note 1: For the conduct of proceedings in the Migration and Refugee Division, see Parts 5 and 7 of the
Migration Act 1958 .Note 2: Enactments that authorise the making of applications for review to the Tribunal can add to, exclude or modify the operation of this Part.
(2) The following provisions of this Part apply in relation to a proceeding in the Migration and Refugee Division:
(a) section 25;
(b) section 42.
Repeal the section.
After “29,”, insert “29AB, 29AC,”.
Repeal the paragraph, substitute:
(c) paragraph 19B(1)(a); and
Insert:
(1A) Paragraph (1)(b) does not apply in relation to a proceeding that is a child support first review.
Repeal the subsection, substitute:
Exceptions
(1AAA) Subsection (1) does not apply in relation to:
(a) a decision that is reviewable in the Security Division; or
(b) a decision that is a decision on AAT first review within the meaning of any of the following:
(i) the
A New Tax System (Family Assistance) (Administration) Act 1999 ;(ii) the
Child Support (Registration and Collection) Act 1988 ;(iii) the
Social Security (Administration) Act 1999 ;(iv) the
Student Assistance Act 1973 ;(v) the
Paid Parental Leave Act 2010 .
Repeal the subsection, substitute:
(1AC) On application by an applicant who has received a notice under subsection (1AA), the Tribunal must decide whether the applicant was or was not entitled to be given the statement concerned.
Repeal the subsection, substitute:
Inadequate statement of reasons
(5) An applicant who has been given a statement under subsection (1) may apply to the Tribunal for a declaration that the statement does not contain one or more of the following:
(a) adequate particulars of findings on material questions of fact;
(b) an adequate reference to the evidence or other material on which those findings were based;
(c) adequate particulars of the reasons for the decision.
(6) If the Tribunal makes the declaration, the person to whom the request for the statement was made must, as soon as practicable and no later than 28 days after the day the declaration was made, give the applicant an additional statement containing further and better particulars in relation to the matters specified in the declaration.
Repeal the paragraphs, substitute:
(a) must be made:
(i) in writing; or
(ii) if the decision is reviewable in the Social Services and Child Support Division—in writing or by making an oral application in person at, or by telephone to, a Registry of the Tribunal; and
Note: For oral applications, see also section 29AA.
(b) must be accompanied by any prescribed fee; and
(c) unless paragraph (ca) or (cb) applies or the application was oral—must contain a statement of the reasons for the application; and
Repeal the subsection.
Repeal the subsection, substitute:
(9) Before the Tribunal determines an application for an extension of time, the Tribunal or an officer of the Tribunal may:
(a) give notice of the application to any persons the Tribunal or officer considers to be affected by the application; or
(b) require the applicant to give notice to those persons.
Omit “, as prescribed,”.
Repeal the subsection.
Insert:
(1) If a person makes an oral application as referred to in subparagraph 29(1)(a)(ii), the person receiving the application must:
(a) make a written record of the details of the application; and
(b) note on the record the day on which the application is made.
(2) If a person makes a written record of an oral application in accordance with subsection (1), this Part has effect as if the written record were an application in writing made on the day on which the oral application was made.
If the Tribunal considers that an applicant’s statement under paragraph 29(1)(c) does not clearly identify the respects in which the applicant believes that the decision is not the correct or preferable decision, the Tribunal may, by notice given to the applicant, request the applicant to amend the statement appropriately, within the period specified in the notice.
(1) If an application is made to the Tribunal for a review of a decision, the Registrar must give the following persons written notice of receipt of the application:
(a) the applicant;
(b) the person who made the decision.
(2) The Tribunal or an officer of the Tribunal may, if satisfied that another person’s interests may be affected by the decision:
(a) give the other person written notice of the application and of the person’s right to apply to be made a party to the proceeding under subsection 30(1A); or
(b) require the applicant to give the other person such a notice.
Repeal the heading, substitute:
Omit “Security Appeals Division”, substitute “Security Division”.
Repeal the section, substitute:
Parties
(1) At the hearing of a proceeding before the Tribunal, the following parties may appear in person or be represented by another person:
(a) a party to a proceeding in a Division other than the Social Services and Child Support Division;
(b) the agency party to a proceeding in the Social Services and Child Support Division.
(2) At the hearing of a proceeding before the Tribunal in the Social Services and Child Support Division, a party to the proceeding (other than the agency party) may appear in person or, with the Tribunal’s permission, may be represented by another person.
(3) In deciding whether to grant permission for the purposes of subsection (2), the Tribunal must have regard to:
(a) the Tribunal’s objective in section 2A; and
(b) the wishes of the parties and the need to protect their privacy.
Persons required to appear
(4) A person who is required to appear in a proceeding before the Tribunal may, with the permission of the Tribunal, be represented by another person.
Insert:
Parties etc. must assist Tribunal
(1AB) A party to a proceeding before the Tribunal, and any person representing such a party, must use his or her best endeavours to assist the Tribunal to fulfil the objective in section 2A.
Omit “Conference Registrar”, substitute “officer”.
Add:
; or (d) limit the number of witnesses who may be called to give evidence (either generally or on a specified matter); or
(e) require witnesses to give evidence at the same time; or
(f) limit the time for giving evidence or making oral submissions; or
(g) limit the length of written submissions.
Repeal the subsections.
Add:
(1) The Tribunal for the purposes of a hearing, or the person conducting a directions hearing or alternative dispute resolution process, may allow or require a person to participate by telephone or by means of other electronic communications equipment.
(2) Subsection (1) does not apply to a proceeding in the Security Division to which section 39A applies.
Repeal the section, substitute:
This Division does not apply to:
(a) a proceeding in the Security Division to which section 39A applies; or
(b) a proceeding in the Social Services and Child Support Division.
Repeal the sections, substitute:
(1) If an application is made to the Tribunal, the President may direct that the proceeding, or any part of it or matter arising out of the proceeding, be referred to an alternative dispute resolution process.
(2) The President may give written directions in relation to persons who are to conduct an alternative dispute resolution process. Any such person must be:
(a) a member; or
(b) an officer of the Tribunal; or
(c) a person engaged under section 34H.
(3) The parties to a proceeding referred to an alternative dispute resolution process must act in good faith in relation to the conduct of the alternative dispute resolution process.
Add:
Variation or revocation of decision
(4) The Tribunal may vary or revoke so much of a decision as it made in accordance with subsection (2) or (3) if:
(a) the parties, or their representatives, reach agreement on the variation or revocation; and
(b) the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Tribunal; and
(c) the variation or revocation appears appropriate to the Tribunal; and
(d) in the case of a variation—the Tribunal is satisfied that it would have been within the powers of the Tribunal to have made the decision as varied.
Repeal the section.
Repeal the section, substitute:
Public hearing
(1) Subject to this section, the hearing of a proceeding before the Tribunal must be in public.
Private hearing
(2) The Tribunal may, by order:
(a) direct that a hearing or part of a hearing is to take place in private; and
(b) give directions in relation to the persons who may be present.
Orders for non‑publication or non‑disclosure
(3) The Tribunal may, by order, give directions prohibiting or restricting the publication or other disclosure of:
(a) information tending to reveal the identity of:
(i) a party to or witness in a proceeding before the Tribunal; or
(ii) any person related to or otherwise associated with any party to or witness in a proceeding before the Tribunal; or
(b) information otherwise concerning a person referred to in paragraph (a).
(4) The Tribunal may, by order, give directions prohibiting or restricting the publication or other disclosure, including to another party or parties, of information that:
(a) relates to a proceeding; and
(b) is any of the following:
(i) information that comprises evidence or information about evidence;
(ii) information lodged with or otherwise given to the Tribunal.
(5) In considering whether to give directions under subsection (2), (3) or (4), the Tribunal is to take as the basis of its consideration the principle that it is desirable:
(a) that hearings of proceedings before the Tribunal should be held in public; and
(b) that evidence given before the Tribunal and the contents of documents received in evidence by the Tribunal should be made available to the public and to all the parties; and
(c) that the contents of documents lodged with the Tribunal should be made available to all the parties.
However (and without being required to seek the views of the parties), the Tribunal is to pay due regard to any reasons in favour of giving such a direction, including, for the purposes of subsection (3) or (4), the confidential nature (if applicable) of the information.
Not applicable to Security Division review of security assessment
(6) This section does not apply in relation to a proceeding in the Security Division to which section 39A applies.
Note: See section 35AA.
Repeal the section, substitute:
(1) This section applies in relation to a proceeding in the Security Division to which section 39A applies.
(2) The Tribunal may, by order, give directions prohibiting or restricting the publication or other disclosure of:
(a) information tending to reveal the identity of:
(i) a party to or witness in the proceeding; or
(ii) any person related to or otherwise associated with any party to or witness in the proceeding; or
(b) information otherwise concerning a person referred to in paragraph (a); or
(c) information that relates to the proceeding and is any of the following:
(i) information that comprises evidence or information about evidence;
(ii) information lodged with or otherwise given to the Tribunal; or
(d) the whole or any part of its findings on the review.
Repeal the section.
69
Subsections 36(1AA), 36A(1AA), 36B(1AA), 36C(1AA) and 36D(1AA) Omit “Security Appeals Division”, substitute “Security Division”.
Omit “presidential”.
Omit “the Registrar, a District Registrar, a Conference Registrar or a Deputy Registrar”, substitute “an officer of the Tribunal”.
Omit “as Registrar, District Registrar, Conference Registrar or Deputy Registrar”, substitute “an officer of the Tribunal”.
Omit “Security Appeals Division”, substitute “Security Division”.
Repeal the subsections, substitute:
Decision‑maker must lodge material documents
(1) Subject to this section, a person who has made a decision that is the subject of an application for review (other than second review) by the Tribunal must, within 28 days after receiving notice of the application (or within such further period as the Tribunal allows), lodge with the Tribunal a copy of:
(a) a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and
(b) subject to any directions given under section 18B, every other document that is in the person’s possession or under the person’s control and is relevant to the review of the decision by the Tribunal.
(1AAB) Subject to this section, if the Tribunal has made a decision that is the subject of an application for second review:
(a) the person who made the decision that was reviewed by the Tribunal; or
(b) for an application referred to in paragraph 96A(a) or (c) of the
Child Support (Registration and Collection) Act 1988 —the Registrar within the meaning of that Act;must, within 28 days after receiving notice of the application (or within such further period as the Tribunal allows), lodge with the Tribunal a copy of any document of a kind referred to in paragraph (1)(b) that is required to be lodged by a direction given under section 18B.
(1AA) The Tribunal may direct a person who is required to lodge a copy of a statement or document under subsection (1) or (1AAB) to lodge a specified number of additional copies with the Tribunal, within the specified period. The person must comply with the direction.
Document setting out reasons for decision may be lodged instead of statement
(1AB) The Tribunal may direct a person who is required to lodge a copy of a statement under paragraph (1)(a) to lodge instead of that statement a copy of a document setting out the reasons for the relevant decision, within the specified period. The person must comply with the direction.
Omit “2 copies”, substitute “a copy”.
Repeal the subsection, substitute:
Statement of reasons and relevant documents to be given to other parties
(1AE) A person who is required under subsection (1), (1AAB) or (1AB) to lodge a copy of a statement or document with the Tribunal within a particular period must, unless the Tribunal directs otherwise, also give a copy of the statement or document to each other party to the proceeding, within the same period.
Omit “to lodge 2 copies of a document or a part”, substitute “or subsection (1AAB) to lodge a copy”.
Repeal the subparagraph, substitute:
(i) applies to the Tribunal for a direction under subsection 35(3) or (4) in relation to the document and lodges with the Tribunal, together with the application for the direction, a copy of the document; and
Omit “paragraph (1)(b) in relation to the document or part of”, substitute “paragraph (1)(b) or subsection (1AAB) in relation to”.
Omit “in relation to any document or part of”, substitute “or subsection (1AAB) in relation to”.
After “subsection (1)”, insert “or (1AAB)”.
Omit “the copies”, substitute “the copy”.
Omit “, as prescribed,”.
Omit “those copies”, substitute “the copy”.
After “subsection (1)”, insert “or (1AAB)”.
Omit “, as prescribed,”.
Repeal the section, substitute:
(1) The Tribunal may order a person who has lodged a statement with the Tribunal in accordance with paragraph 37(1)(a) to lodge an additional statement with the Tribunal, within the time specified in the order, containing further and better particulars in relation to any one or more of the following:
(a) particulars of findings on material questions of fact;
(b) reference to the evidence or other material on which those findings were based;
(c) particulars of the reasons for the decision.
(2) Subsection (1) does not apply to a proceeding in the Security Division to which section 39A applies.
(1) If:
(a) subsection 37(1) or (1AAB) applies to a person in relation to an application for review of a decision; and
(b) at any time after the end of the applicable period under the subsection and before the Tribunal determines the review:
(i) the person obtains possession of a document; and
(ii) the document is relevant to the review; and
(iii) a copy of the document has not been lodged with the Tribunal in accordance with the subsection;
the person must, subject to any directions given under section 18B, lodge a copy of the document with the Tribunal as soon as practicable after obtaining possession.
(2) Subsections 37(1AA), (1AE), (1AF) and (1AG) apply in relation to the requirement in subsection (1) of this section as if:
(a) that requirement were the requirement referred to in those subsections; and
(b) the references in subsections 37(1AE) and (1AF) to lodging or giving within a period were references to lodging or giving as soon as practicable.
Repeal the heading, substitute:
Repeal the subsection, substitute:
(2) This section does not apply to:
(a) a proceeding in the Security Division to which section 39A applies; or
(b) a proceeding in the Social Services and Child Support Division (see section 39AA).
(3) This section does not limit subsection 25(4A) (Tribunal may determine scope of review).
Insert:
Parties other than agency parties
(1) A party (other than the agency party) to a proceeding before the Tribunal in the Social Services and Child Support Division may make oral or written submissions to the Tribunal, or both oral and written submissions.
Agency parties
(2) The agency party to a proceeding before the Tribunal in the Social Services and Child Support Division may make written submissions to the Tribunal.
(3) The agency party may, by writing, request the Tribunal for permission to make:
(a) oral submissions to the Tribunal; or
(b) both oral and written submissions to the Tribunal.
The request must explain how such submissions would assist the Tribunal.
(4) The Tribunal may, by writing, grant the request if, in the opinion of the Tribunal, such submissions would assist the Tribunal.
(5) The Tribunal may order the agency party to a proceeding in the Social Services and Child Support Division to make:
(a) oral submissions to the Tribunal; or
(b) written submissions to the Tribunal; or
(c) both oral and written submissions to the Tribunal;
if, in the opinion of the Tribunal, such submissions would assist the Tribunal.
Repeal the heading, substitute:
Omit “The presidential member who is to preside, or is presiding, at”, substitute “A member who is to participate, or who is participating, in”.
Omit “presidential member presiding”, substitute “presiding member”.
Repeal the heading, substitute:
Omit “Security Appeals Division”, substitute “Security Division”.
Omit “presidential member presiding”, substitute “presiding member”.
Omit “presidential member may”, substitute “presiding member may”.
Repeal the heading, substitute:
What presiding member must consider in deciding whether to authorise disclosure of information etc.
Omit “presidential member”, substitute “presiding member”.
Repeal the subsections.
Repeal the paragraphs, substitute:
(b) may administer an oath or affirmation to a person so appearing before the Tribunal.
Repeal the subsections, substitute:
Power to take evidence
(3) The power (the
evidence power ) of the Tribunal under paragraph (1)(a) to take evidence on oath or affirmation in a particular proceeding may be exercised on behalf of the Tribunal by:
(a) the presiding member in relation to the review; or
(b) another person (whether or not a member) authorised in writing by that member.
(4) The evidence power may be exercised:
(a) inside or outside Australia; and
(b) subject to any limitations or requirements specified by the Tribunal.
(5) If a person other than the presiding member has the evidence power:
(a) the person has, for the purpose of taking the evidence, the powers of the Tribunal and the presiding member under subsections (1) and (2); and
(b) this Act applies in relation to the person, for the purpose of taking the evidence in the exercise of those powers, as if the person were the Tribunal or the presiding member.
Insert:
(1) For the purposes of a proceeding before the Tribunal, the President, an authorised member or an officer of the Tribunal may summon a person to do either or both of the following, on the day, and at the time and place, specified in the summons:
(a) appear before the Tribunal to give evidence;
(b) produce any document or other thing specified in the summons.
Note: This section does not apply in relation to proceedings in the Social Services and Child Support Division, as a result of provisions in the enactments that authorise applications for reviews that will be heard in that Division.
(2) The President or an authorised member may refuse a request to summon a person.
(3) A person may, before the day specified in the summons, comply with a summons to produce a document or thing by producing the document or thing at the Registry from which the summons was issued. If the person does so, the person is not required to attend the hearing of the proceeding unless:
(a) the summons or another summons requires the person to appear before the Tribunal; or
(b) the Tribunal directs the person to attend the hearing.
(1) Any of the following persons may give a party to a proceeding leave to inspect a document or other thing produced under a summons in relation to the proceeding:
(a) the President;
(b) an authorised member;
(c) an authorised officer.
Note: This section does not apply in relation to proceedings in the Social Services and Child Support Division, as a result of provisions in the enactments that authorise applications for reviews that will be heard in that Division.
(2) However, an authorised officer must not make a decision about giving leave, and must instead arrange for the President or an authorised member of the Tribunal to make the decision, if:
(a) the officer considers that it is not appropriate for the officer to make the decision; or
(b) a party to the proceeding applies to the officer to have the decision made by a member of the Tribunal.
(3) If an authorised officer decided whether to give a party to a proceeding leave to inspect a document produced under a summons:
(a) a party to the proceeding may apply to the Tribunal, within 7 days or an extended time allowed by the Tribunal, to reconsider the decision; and
(b) the Tribunal may reconsider the decision on such an application or its own initiative; and
(c) the Tribunal may make such order as it thinks fit in relation to the giving of leave to inspect the document.
Omit “, as prescribed,”.
Add:
Note: This section does not apply in relation to proceedings in the Social Services and Child Support Division, as a result of provisions in the enactments that authorise applications for reviews that will be heard in that Division.
Omit “, as prescribed,”.
Repeal the section, substitute:
(1) If the Tribunal is constituted for the purposes of a proceeding by 3 members, a disagreement between the members is to be settled according to the opinion of the majority of the members.
(2) If the Tribunal is constituted for the purposes of a proceeding by 2 members, a disagreement between the members is to be settled according to the opinion of the presiding member.
Insert:
(1AAA) For the purposes of subsection (1), the consent of the agency party to a proceeding in the Social Services and Child Support Division is not required.
Insert:
(1AA) If a proceeding is in the Social Services and Child Support Division and is not a child support first review, the person may notify the Tribunal orally of the withdrawal or discontinuance. The person who receives the notification must make a written record of the day of receipt.
Omit “so given”, substitute “given in accordance with subsection (1A) or (1AA)”.
Repeal the subsections, substitute:
Dismissal if decision is not reviewable
(4) The Tribunal may dismiss an application without proceeding to review the decision if the Tribunal is satisfied that the decision is not reviewable by the Tribunal.
Repeal the subsection.
Omit “conference, mediation”, substitute “alternative dispute resolution process”.
Omit “the person who made the application may, within 28 days after receiving notification that the application has been dismissed”, substitute “a party to the proceeding may, within the period referred to in subsection (8A)”.
Insert:
(8A) For the purposes of subsection (8), the period is:
(a) 28 days after the person receives notification that the application has been dismissed; or
(b) if the person requests an extension—such longer period as the Tribunal, in special circumstances, allows.
Repeal the section, substitute:
(1) The Tribunal may dismiss an application for the review of a decision, at any stage of the proceeding, if the Tribunal is satisfied that the application:
(a) is frivolous, vexatious, misconceived or lacking in substance; or
(b) has no reasonable prospect of success; or
(c) is otherwise an abuse of the process of the Tribunal.
(2) If the Tribunal dismisses an application under subsection (1), it may, on application by a party to the proceeding, give a written direction that the person who made the application must not, without leave of the Tribunal, make a subsequent application to the Tribunal of a kind or kinds specified in the direction.
(3) The direction has effect despite any other provision of this Act or any other Act.
Add:
Limitation for administrative assessments of child support
(4) The Tribunal must not act in accordance with subsection (2) or (3) to give effect to an agreement in relation to a departure from administrative assessment of child support in accordance with Part 6A of the
Child Support (Assessment) Act 1989 , unless it is satisfied that it is just and equitable and otherwise proper to do so, having regard to the matters set out in subsections 117(4) and (5) of that Act.
Variation or revocation of decisions other than on child support first reviews
(5) The Tribunal may vary or revoke so much of a decision as it made in accordance with subsection (2) or (3) if:
(a) the parties, or their representatives, reach agreement on the variation or revocation; and
(b) the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Tribunal; and
(c) the variation or revocation appears appropriate to the Tribunal; and
(d) in the case of a variation—the Tribunal is satisfied that it would have been within the powers of the Tribunal to have made the decision as varied.
(6) Subsection (5) does not apply to a decision made on child support first review.
After “review of a decision”, insert “other than a proceeding in the Social Services and Child Support Division”.
Insert:
Tribunal must notify parties of further review rights
(5AA) When the Tribunal gives a party to a proceeding a copy of its decision, the Tribunal must also give the party a written notice that includes a statement setting out the following, as applicable:
(a) the party’s right to apply for second review of the decision;
(b) the party’s right to appeal to a court on a question of law.
(5AB) Subsection (5AA) does not apply in relation to the agency party to a proceeding in the Social Services and Child Support Division.
(5AC) A failure to comply with subsection (5AA) in relation to a decision of the Tribunal does not affect the validity of the decision.
Omit “, a District Registrar or a Deputy Registrar”.
Repeal the heading, substitute:
Omit “review conducted by the Security Appeals Division”, substitute “review in the Security Division”.
Repeal the section.
Insert:
This Part does not apply to an application in relation to, or a proceeding for the review of, any of the following within the meaning of the
Migration Act 1958 :
(a) a privative clause decision;
(b) a purported privative clause decision;
(c) an AAT Act migration decision.
Add:
Note 1: This Part does not apply to certain migration proceedings (see section 43C).
Note 2: A party to a child support first review may in some instances appeal instead to the Federal Circuit Court (see section 44AAA).
Insert:
(1A) Subsection (1) does not apply in relation to a proceeding in the Social Services and Child Support Division, other than a proceeding:
(a) that is a child support first review; or
(b) for review of an AAT reviewable employer decision within the meaning of the
Paid Parental Leave Act 2010 .
Add:
Note: This Part does not apply to applications in relation to certain migration decisions (see section 43C).
Omit “a presidential member”, substitute “a Deputy President who is not a Judge”.
Insert:
(1) If the Tribunal as constituted for the purposes of a proceeding that is a child support first review does not consist of or include a presidential member, a party to the proceeding may appeal to the Federal Circuit Court of Australia, on a question of law, from any decision of the Tribunal in that proceeding.
(2) The following provisions of this Part apply in relation to any such appeal as if the appeal were an appeal under subsection 44(1) and a reference in those provisions to the Federal Court of Australia were a reference to the Federal Circuit Court of Australia:
(a) subsections 44(2A) to (10) (other than paragraphs 44(3)(a) to (c));
(b) section 44A (other than subsection (2A));
(c) paragraphs 46(1)(a) and (b).
(3) Paragraph 44(2A)(b) applies in relation to any such appeal as if the reference in that paragraph to rules of court made under the
Federal Court of Australia Act 1976 were a reference to rules of court made under theFederal Circuit Court of Australia Act 1999 .(4) Subsection (1) does not affect the operation of subsection 44(1) in relation to a proceeding that is a child support first review.
Repeal the subsections, substitute:
(1) The Tribunal may, with the agreement of the President, refer a question of law arising in a proceeding before the Tribunal to the Federal Court of Australia for decision. The Tribunal may do so on its own initiative or at the request of a party to the proceeding.
Note: This Part does not apply to certain migration proceedings (see section 43C).
(2) The Federal Court of Australia has jurisdiction to hear and determine a question of law referred to it under this section.
(2A) If, after consulting the President, the Chief Justice of the Court considers it appropriate, that jurisdiction is to be exercised by the Court constituted as a Full Court.
After “appeal or reference relates”, insert “and are relevant to the appeal or reference”.
Repeal the section, substitute:
(1) The President may, in writing, authorise a member to be an authorised member for the purposes of one or more specified provisions of this Act or any other enactment.
(2) The authorisation may be general or limited to specified decisions or proceedings.
(1) The President may, in writing, authorise an officer of the Tribunal to be an authorised officer for the purposes of one or more specified provisions of this Act or any other enactment.
(2) The authorisation may be general or limited to specified decisions or proceedings.
Repeal the heading, substitute:
Repeal the subsections, substitute:
Officers of the Tribunal
(1B) An officer of the Tribunal has, in the performance of his or her duties as an officer of the Tribunal under subsections 29(9) and 29AC(2), paragraph 33(2)(a) and sections 40, 40A, 40B and 69A, the same protection and immunity as a Justice of the High Court.
Repeal the section, substitute:
(1) A person commits an offence if:
(a) the person is given, in accordance with any applicable regulations or directions, a summons referred to in section 40A; and
(b) the person fails to comply with the summons.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
(2) Subsection (1) does not apply if complying with the summons might tend to incriminate the person.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the
Criminal Code ).
Omit “is guilty of”, substitute “commits”.
Repeal the penalty, substitute:
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Repeal the subsection.
Omit “is guilty of”, substitute “commits”.
Repeal the penalty, substitute:
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Repeal the subsections, substitute:
(4) Subsection (3) does not apply if answering the question might tend to incriminate the person.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4) (see subsection 13.3(3) of the
Criminal Code ).
Omit “is guilty of”, substitute “commits”.
Repeal the penalty, substitute:
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
Repeal the sections, substitute:
A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct contravenes an order under subsection 35(3) or (4) or 35AA(2).
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct obstructs or hinders the Tribunal or a member in the performance of the functions of the Tribunal.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
(2) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct would, if the Tribunal were a court of record, constitute a contempt of that court.
Penalty: Imprisonment for 12 months or 60 penalty units, or both.
The Minister may establish such registries of the Tribunal as the Minister thinks fit.
Repeal the subsections, substitute:
Protected documents and information
(1) An entrusted person must not be required to produce a protected document, or disclose protected information, to a court except so far as necessary for the purposes of carrying into effect the provisions of this Act or another enactment conferring powers on the Tribunal.
(2) An entrusted person must not be required to produce a protected document, or disclose protected information, to a parliament if:
(a) the document or information relates to a Part 7‑reviewable decision within the meaning of the
Migration Act 1958 ; and(b) the production or disclosure is not necessary for the purposes of carrying into effect the provisions of this Act or another enactment conferring powers on the Tribunal.
Insert:
entrusted person means any of the following:
(a) a person who is or has been a member of the Tribunal;
(b) a person who is or has been an officer of the Tribunal;
(c) a person who is or has been a member of the staff of the Tribunal;
(d) a person who is or has been engaged by the Tribunal to provide services to the Tribunal during a proceeding before the Tribunal.
parliament means:
(a) a House of the Parliament of the Commonwealth, of a State or of a Territory; or
(b) a committee of a House or the Houses of the Parliament of the Commonwealth, of a State or of a Territory.
protected : a document or information isprotected if it concerns a person and was obtained by an entrusted person in the course of the entrusted person’s duties.
Insert:
(1) The Tribunal may, by any means it considers appropriate, publish its decisions and the reasons for them.
(2) Subsection (1) does not authorise the Tribunal to publish information the disclosure of which is prohibited or restricted by or under this Act or any other enactment conferring jurisdiction on the Tribunal.
Repeal the section, substitute:
(1) A person who, under a prescribed provision of this Act or another enactment, is required to give evidence, or produce a document or give information, for the purposes of a proceeding before the Tribunal is to be paid, in accordance with the regulations, any fee or allowance prescribed by the regulations in relation to compliance with the requirement.
(2) Without limiting the matters that may be dealt with by regulations made for the purposes of subsection (1), the regulations may:
(a) prescribe circumstances in which a fee or allowance is not payable; or
(b) provide that a fee or allowance is to be paid:
(i) if the requirement was made of the person at the request of a party to the proceeding—by the party; or
(ii) by the Commonwealth.
Repeal the sections, substitute:
(1) A document or thing that is required or permitted by this Act or another enactment to be lodged with or given to the Tribunal must be lodged or given:
(a) in the manner prescribed by regulations made under this Act or the other enactment; or
(b) if those regulations do not prescribe a manner—in accordance with any direction under section 18B.
(2) A document that is required or permitted by this Act or another enactment to be given to a person for the purposes of a proceeding before the Tribunal must be given to the person:
(a) in the manner prescribed by regulations made under this Act or the other enactment; or
(b) if those regulations do not prescribe a manner—in accordance with any direction under section 18B.
(3) Subsections (1) and (2) do not apply to the extent to which this Act or another enactment specifies how a document or thing is to be lodged with or given to the Tribunal, or given to a person, for the purposes of a proceeding before the Tribunal.
If the President gives a direction that, under this Act, is to be a written direction, a failure to give the direction in writing does not invalidate anything done in accordance with or otherwise in relation to or as a consequence of the direction.
Before “If”, insert “(1)”.
Add:
(2) Subsection (1) does not apply in relation to a proceeding in the Migration and Refugee Division.
Add:
(3) This section does not apply if the powers of the Tribunal in relation to the application, proceeding or matter concerned are or would be exercisable in the Migration and Refugee Division or the Social Services and Child Support Division.
Repeal the section, substitute:
(1) If:
(a) the Tribunal has, under this Act or another enactment, ordered a party to a proceeding to pay reasonable costs incurred by another party; and
(b) the parties cannot agree on the amount of those costs;
the Tribunal or an officer of the Tribunal may tax the costs.
(2) If an officer of the Tribunal has taxed the costs in accordance with subsection (1), either party may apply to the Tribunal for review of the taxed amount.
(a) is taken to be a proceeding (a
continued proceeding ) before the AAT; and(b) if the proceeding was before the MRT or RRT—is taken to be a proceeding in the Migration and Refugee Division; and
(c) if the proceeding was before the SSAT:
(i) is taken to be a proceeding in the Social Services and Child Support Division; and
(ii) except to the extent it is not a proceeding for review of a decision—is taken to be a proceeding on application for AAT first review within the meaning of the Act that authorised the application for review.
(3) Anything done by the discontinued Tribunal or a member or officer of the discontinued Tribunal for the purposes of the proceeding is taken, for the purposes of the continued proceeding and the operation of an affected law on and after the commencement day:
(a) to have been done, at the time it was done by the discontinued Tribunal or member or officer, by the AAT or a member or officer of the AAT for the purposes of the continued proceeding; and
(b) to have effect accordingly under an affected law.
(4) Anything done by the applicant, another party to the proceeding or any other person for the purposes of the proceeding is taken, for the purposes of the continued proceeding and the operation of an affected law on and after the commencement day:
(a) to have been done, at the time it was done by the applicant, other party or person, by the applicant, other party or person for the purposes of the continued proceeding; and
(b) to have effect accordingly under an affected law.
(5) Without limiting subitem (3) or (4), if, immediately before the commencement day:
(a) a discontinued Tribunal or a member or officer of a discontinued Tribunal had not yet met a requirement that was imposed on the Tribunal, member or officer by an affected law in relation to the proceeding; or
(b) a discontinued Tribunal or a member or officer of a discontinued Tribunal had not yet responded to a request or invitation under an affected law to do something in relation to the proceeding;
then, except to the extent to which no such requirement, request or invitation is imposed or authorised by an affected law as amended by this Act, the AAT or a member or officer of the AAT must meet the requirement, or may respond to the request or invitation, for the purposes of the continued proceeding as if the requirement, request or invitation had been imposed or authorised by a provision of an affected law as amended by this Act.
(6) Without limiting subitem (3) or (4), if, immediately before the commencement day:
(a) a person had not yet met a requirement that was imposed on the person by an affected law in relation to the proceeding; or
(b) a person had not yet responded to a request or invitation issued under an affected law to do something in relation to the proceeding;
then, except to the extent to which no such requirement, request or invitation is imposed or authorised by an affected law as amended by this Act, the person must meet the requirement, or may respond to the request or invitation, for the purposes of the continued proceeding as if the requirement, request or invitation had been imposed or authorised by a provision of an affected law as amended by this Act.
(7) Without limiting subitem (3) or (4), if, before the commencement day, a discontinued Tribunal or a member or officer of a discontinued Tribunal had met a requirement imposed by an affected law to give a notice or document to a person, then, from the start of the commencement day, the requirement is taken to have been met, at the time it was met by the discontinued Tribunal or member or officer, by (as applicable under the affected law as amended by this Act) the AAT or a member or officer of the AAT.
(8) Without limiting subitem (3) or (4), if, before the commencement day, a person had received or was taken to have received a notice or document from a discontinued Tribunal or a member or officer of a discontinued Tribunal, then, from the start of the commencement day, the person is taken to have received the document, at the time it was received or taken to have been received, from (as applicable under the affected law as amended by this Act) the AAT or a member or officer of the AAT.
(9) This item does not apply to the extent to which another item of this Schedule (other than item 15AC) has a different effect.
15AC General provision—operation of affected law in relation to things done etc. before commencement day (1) For the purposes of the operation of an affected law on or after the commencement day:
(a) a reference to a decision that is or would be reviewable by the AAT includes a reference to a decision made before the commencement day that was or would have been reviewable by a discontinued Tribunal; and
(b) a reference to a decision made or other thing done by or in relation to the AAT includes a reference to a decision made or other thing done before the commencement day by or in relation to a discontinued Tribunal.
(2) For the purposes of subitem (1), it does not matter whether the AAT is expressly referred to, or referred to by that exact expression.
(3) Without limiting subitem (1), if, immediately before the commencement day, a person was entitled under an Act to make an application to the AAT or a discontinued Tribunal for review of a decision made before the commencement day, the person may make an application for review of the decision to the AAT on or after the commencement day in accordance with the Act as amended by this Act.
(4) To avoid doubt, neither paragraph (1)(a) nor subitem (3) of itself authorises an application to be made to the AAT for review of a decision. In particular, it does not authorise an application to be made in circumstances referred to in item 15AD.
(5) Subitem (1) does not apply to the extent to which item 15AB applies.
(1) A person may not make an application to the AAT for review of a decision on or after the commencement day if the person made an application or a purported application to a discontinued Tribunal for review of the decision before the commencement day.
(2) A person may not make an application to the AAT for review of a decision on or after the commencement day if:
(a) the time for the person to apply to a discontinued Tribunal for review of the decision had expired before the commencement day without such an application having been made; and
(b) there is no enactment that permits the AAT to extend the time for making the application.
(3) Subitems (1) and (2) do not prevent a person from making an application to the AAT for second review of a decision made by the AAT in a proceeding referred to in paragraph 15AB(2)(c).
(1) This item applies to a notice given to a person before, on or after the commencement day if:
(a) the notice includes a statement to the effect that the person is entitled to apply for review of a decision to a discontinued Tribunal; and
(b) the last day for the person to make such an application is on or after the commencement day, or there is no time limit for the person to make such an application.
(2) On and after the commencement day, the notice is taken to meet any requirement in an affected law to give a person a notice that includes a statement to the effect that the person is entitled to apply for review of the decision to the AAT.
15AF
Continuation of Immigration Assessment Authority Although this Act has the effect that the Immigration Assessment Authority is established from the start of the commencement day within the AAT rather than the RRT, this does not affect:
(a) the continued existence of the Authority on and after the commencement day; or
(b) a review that was being conducted by the Authority immediately before the commencement day; or
(c) the ongoing effect on and after the commencement day of anything else done by or in relation to the Authority, its Principal Member or a reviewer before the commencement day.
A decision of a discontinued Tribunal that a court decides on or after the commencement day to remit for reconsideration is to be remitted to the AAT.
An item in this Part that has the same effect as an item in Part 3 in relation to a particular matter does not limit the operation of the item in Part 3 in relation to any other matter.
15BB
Continued protection of confidential information of discontinued Tribunals (1) If, immediately before the commencement day, any of the following provisions applied to a person:
(a) section 377 of the
Migration Act 1958 ;(b) section 439 of the
Migration Act 1958 ;(c) clause 19 of Schedule 3 to the
Social Security (Administration) Act 1999 ;the provision as in force immediately before the commencement day continues to apply to the person on and after the commencement day, in relation to information or documents obtained before that day, despite the repeal of the provision by this Act.
(2) For the purposes of the continued operation of clause 19 of Schedule 3 to the
Social Security (Administration) Act 1999 , clause 19A also continues to apply.
A proceeding that was before the AAT immediately before the commencement day in a Division referred to in column 1 of the table is taken, from the start of the commencement day, to be a proceeding before the AAT in the Division referred to in column 2 of the table.
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If, immediately before the commencement day, an order was in force under subsection 24AD(1) of the AAT Act in relation to an application for review of a relevant taxation decision, then, despite the amendments made by this Act, paragraphs 24AD(2)(b) and (c) and subsection 24AD(3) of the AAT Act as in force immediately before the commencement day continue to apply on and after the commencement day in relation to the application for review.
15BE
Continuation of provisions regarding presiding members If, immediately before the commencement day, a person was presiding in relation to a proceeding before the AAT because of any of the following provisions of the AAT Act:
(a) paragraph 21AB(9)(a), (b) or (c);
(b) paragraph 22(1)(a), (aa) or (b);
(c) subparagraph 22(1)(c)(i);
then the provision continues to apply in relation to the proceeding on and after the commencement day despite the amendments made by this Act.
15BF
Limit on new AAT Act powers in relation to agreements The following provisions of the AAT Act as amended by this Act do not apply in relation to a decision made by the AAT before the commencement day:
(a) subsection 34D(4);
(b) subsection 42C(5).
15BG
Notices and summonses under amended provisions of AAT Act (1) If, before the commencement day, a notice was given under subsection 29(11) of the AAT Act, then, from the start of the commencement day, the notice is taken to have been given, at the time it was given, under section 29AC of the AAT Act as amended by this Act.
(2) If, immediately before the commencement day, in relation to an order made by the AAT under section 38 of the AAT Act, the period for lodging an additional statement has not ended and the person has not yet lodged the additional statement, then:
(a) the order continues in effect on and after the commencement day despite the amendments made by this Act; and
(b) from the start of the commencement day, the order is taken to have been given, at the time it was given, under section 38 of the AAT Act as amended by this Act.
(3) If, immediately before the commencement day, in relation to a summons issued under subsection 40(1A) of the AAT Act:
(a) the period for complying with the summons had not ended and the person had not yet complied; or
(b) the occasion for complying with the summons had not arisen;
then:
(c) the summons continues in effect on and after the commencement day despite the amendments made by this Act; and
(d) from the start of the commencement day, the summons is taken to have been given, at the time it was given, under section 40A of the AAT Act as amended by this Act.
15BI
Ongoing requirement for lodging material documents with AAT (1) Section 38AA of the AAT Act applies in relation to documents a person obtains possession of on or after the commencement day.
(2) Section 38AA of the AAT Act also applies in relation to documents a person obtained before the commencement day, if, immediately before the commencement day:
(a) a requirement to give the documents to the SSAT was imposed on the person by an affected law in relation to a proceeding before the AAT; and
(b) the person had not yet met the requirement; and
(c) item 15AB of this Schedule has the effect that the person must meet the requirement in relation to the proceeding as continued before the AAT by that item.
The amendments of the AAT Act made by item 114 of Schedule 1 to this Act apply in relation to the dismissal of an application whether the dismissal occurred before, on or after the commencement day.
The following provisions of the AAT Act as in force before the commencement day continue to apply in relation to conduct engaged in before that day, despite the amendments made by this Act:
(a) section 61;
(b) section 62;
(c) section 62A;
(d) section 62B;
(e) section 63.
Regulations made before the commencement day for the purposes of section 67 of the AAT Act continue in force on and after the commencement day in relation to a summons issued before that day, despite the amendment by this Act of section 67 of that Act.
15BM
Character of privative clause and other decisions under the Migration Act 1958 If a decision made before the commencement day was, when made:
(a) a privative clause decision; or
(b) a purported privative clause decision; or
(c) a non‑privative clause decision;
within the meaning of the
Migration Act 1958 at that time, the decision continues to be such a decision on and after the commencement day despite the amendments made by this Act. TheMigration Act 1958 applies in relation to the decision accordingly.
15BN
Sections 351 and 417 of the Migration Act 1958 The Minister referred to in section 351 or 417 of the
Migration Act 1958 may exercise a power conferred by that section on or after the commencement day in relation to a decision made by a discontinued Tribunal before the commencement day.
15BO
Sections 477, 477A and 486A of the Migration Act 1958 If, immediately before the commencement day, a particular date was, for a migration decision, the
date of the migration decision for the purposes of section 477, 477A or 486A of theMigration Act 1958 , that particular date continues to be thedate of the migration decision for the purposes of the section on and after the commencement day, despite the amendment by this Act of the definition ofdate of the migration decision in subsection 477(3) of theMigration Act 1958 .
For the purposes of the operation of section 486D of the
Migration Act 1958 on and after the commencement day, and despite the amendment by this Act of the definition oftribunal decision in subsection 486D(5) of theMigration Act 1958 , a reference to a tribunal decision includes a reference to a decision made before the commencement day by:
(a) the MRT; or
(b) the RRT; or
(c) the Immigration Assessment Authority as established within the RRT.
(1) If, immediately before the commencement day, a declaration under section 112 of the
A New Tax System (Family Assistance) (Administration) Act 1999 was in effect in connection with a person’s application for review of a decision, the declaration continues in effect on and after the commencement day, as if the declaration had been made:
(a) under section 113 of that Act as amended by this Act; and
(b) in connection with the application as continued in the AAT by item 15AB of this Schedule.
(2) If, immediately before the commencement day, a declaration under section 145 of the
Social Security (Administration) Act 1999 was in effect in connection with a person’s application for review of a decision, the declaration continues in effect on and after the commencement day, as if the declaration had been made:
(a) under section 145 of that Act as amended by this Act; and
(b) in connection with the application as continued in the AAT by item 15AB of this Schedule.
(3) If, immediately before the commencement day, a declaration under section 314 of the
Student Assistance Act 1973 was in effect in connection with a person’s application for review of a decision, the declaration continues in effect on and after the commencement day, as if the declaration had been made:
(a) under section 314 of that Act as amended by this Act; and
(b) in connection with the application as continued in the AAT by item 15AB of this Schedule.
(1) If, on or after the commencement day, a person makes an application to the AAT for review of a decision made by the SSAT before the commencement day:
(a) the application is taken to be an application for:
(i) AAT second review within the meaning of the Act that (together with this Act) authorised the making of the application; and
(ii) second review within the meaning of the AAT Act; and
(b) the amendments of those Acts made by this Act apply in relation to the application.
(2) If, immediately before the commencement day, a proceeding is before the AAT for review of a decision made by the SSAT, then, from the start of the commencement day:
(a) the proceeding is taken to be a proceeding for:
(i) AAT second review within the meaning of the Act that (together with this Act) authorised the making of the application for review; and
(ii) second review within the meaning of the AAT Act; and
(b) the amendments of those Acts made by this Act apply in relation to the proceeding.
15BS
Subsection 109D(6) of the A New Tax System (Family Assistance) (Administration) Act 1999 A decision that, immediately before the commencement day, was an excepted decision within the meaning of subsection 109D(6) of the
A New Tax System (Family Assistance) (Administration) Act 1999 continues to be an excepted decision on and after the commencement day, despite the amendments made by this Act.
15BT
Saving provision for regulations under section 103T of the Child Support (Registration and Collection) Act 1988 Despite the repeal of section 103T of the
Child Support (Registration and Collection) Act 1988 by this Act, a provision referred to in a regulation in force immediately before the commencement day for the purposes of that section is taken, on and after the commencement day and until the regulation referring to the provision is amended or repealed, to be a prescribed provision for the purposes of section 95E of that Act.
(1) A direction given by the President of the AAT under section 20 or 34C of the AAT Act that was in effect immediately before the commencement day continues in effect on and after the commencement day for the purposes of any proceeding before the AAT, other than a proceeding in the Migration and Refugee Division or the Social Services and Child Support Division, as if it had been given by the President:
(a) under section 18B of the AAT Act as amended by this Act; or
(b) to the extent to which a direction made under section 34C relates to the person who is to conduct an alternative dispute resolution process—under subsection 34A(2) of the AAT Act as amended by this Act.
(2) A direction given by the President of the AAT under any of the following provisions that was in effect immediately before the commencement day continues in effect on and after the commencement day, as if it had been given under section 19A of the AAT Act as amended by this Act:
(a) section 20B;
(b) subsection 21AA(6);
(c) subsection 21AB(6);
(d) subsection 21AB(9);
(e) subsection 21AB(10);
(f) subsection 21A(3);
(g) subsection 21A(9);
(h) section 22;
(i) section 23;
(j) section 23A.
(3) A direction given by the President of the AAT under section 23F of the AAT Act that was in effect immediately before the commencement day continues in effect on and after the commencement day, as if it had been given under section 19C of the AAT Act as amended by this Act.
(4) Any other direction or order given by the AAT or the President of the AAT that was in effect immediately before the commencement day for the purposes of a proceeding before the AAT continues in effect on and after the commencement day for the purposes of that proceeding, as if it had been given by the AAT or the President under a provision of the AAT Act as amended by this Act that authorises the making of such a direction or order.
15CB
Continuation of Principal Member directions constituting a discontinued Tribunal (1) This item applies in relation to a direction that:
(a) was given before the commencement day by the Principal Member of a discontinued Tribunal and did either or both of the following for the purposes of a proceeding:
(i) constituted the discontinued Tribunal;
(ii) specified the presiding member of the discontinued Tribunal; and
(b) was in effect immediately before the commencement day.
(2) Despite the amendments made by this Act, the direction continues in effect on and after the commencement day for the purposes of the proceeding as continued before the AAT by item 15AB of this Schedule, as if:
(a) the direction had been given by the President of the AAT under section 19A of the AAT Act as amended by this Act; and
(b) references to the discontinued Tribunal were references to the Migration and Refugee Division or the Social Services and Child Support Division (as appropriate) of the AAT.
15CC
Continuation of discontinued Tribunal practice directions (1) This item applies in relation to a direction that:
(a) was given before the commencement day by the Principal Member of a discontinued Tribunal under an Act in relation to proceedings before the Tribunal; and
(b) was a direction of general application; and
(c) was in effect immediately before the commencement day; and
(d) is not covered by item 15CB of this Schedule.
(2) Despite the amendments made by this Act, the direction continues in effect on and after the commencement day for the purposes of the proceeding as continued before the AAT by item 15AB of this Schedule, as if:
(a) the direction had been given by the President of the AAT under section 18B of the AAT Act as amended by this Act; and
(b) references to the discontinued Tribunal were references to the Migration and Refugee Division or the Social Services and Child Support Division (as appropriate) of the AAT.
15CD
Continuation of other discontinued Tribunal directions or orders (1) This item applies in relation to a direction or order that:
(a) was given by a discontinued Tribunal or the Principal Member of a discontinued Tribunal; and
(b) was in effect immediately before the commencement day for the purposes of a proceeding before the discontinued Tribunal; and
(c) is not covered by item 15CB or 15CC of this Schedule.
(2) The direction or order continues in effect on and after the commencement day for the purposes of the proceeding as continued by item 15AB of this Schedule, as if it had been given by the AAT or the President of the AAT under a provision of an affected law as amended by this Act that authorises the giving of such a direction or order.
15DA References in instruments to discontinued Tribunal (1) If an instrument in effect immediately before the commencement day contains a reference to a discontinued Tribunal, the instrument has effect on and after the commencement day as if the reference were a reference to the AAT.
(2) If an instrument in effect immediately before the commencement day contains a reference to the Principal Member of a discontinued Tribunal, the instrument has effect on and after the commencement day as if the reference were a reference to the President of the AAT.
(3) Subitems (1) and (2) do not, by implication, prevent the instrument from being varied or terminated on or after the commencement day.
(4) Without limitation, subitems (1) and (2) include a reference to an instrument that is a direction made by the Minister under section 499 of the
Migration Act 1958 .
(5) In this item:
instrument does not include:
(a) an Act; or
(b) regulations made under this Act or the AAT Act; or
(c) a contract of employment; or
(d) an enterprise agreement.
Any records or documents that were in the possession of a discontinued Tribunal immediately before the commencement day are, from the start of the commencement day, taken to have been transferred to the AAT.
Note: The records and documents are Commonwealth records for the purposes of the
Archives Act 1983 .
(1) Any place that is a registry of a discontinued Tribunal immediately before the commencement day is, from the start of the commencement day, taken to be a registry of the AAT established under section 64 of the AAT Act as amended by this Act.
(2) Subitem (1) does not, by implication, prevent the Minister from varying the registries of the AAT on or after the commencement day.
(1) The statements and reports given for the AAT under section 42 or 46 of the
Public Governance, Performance and Accountability Act 2013 for the reporting period ending immediately before the commencement day must include the statements and reports that those sections would have required for the MRT and RRT for that reporting period, had the MRT and RRT not ceased to exist.Note: Information about the SSAT for the period will be included in the statements and reports given by the Secretary of the Department of Social Services.
(2) A report given by the President of the AAT under section 24R of the AAT Act for the year ending immediately before the commencement day must include information about the discontinued Tribunals for that year.
(1) A provision of an enactment that:
(a) immediately before the commencement day, has the effect of adding to, excluding or modifying the operation of a provision of the AAT Act; and
(b) is not amended by this Act;
continues to have that effect in relation to the AAT Act as amended by this Act, despite the amendments made by this Act.
(2) If:
(a) a provision of an Act appears to have the effect of adding to, excluding or modifying the operation of a provision of the AAT Act; and
(b) the Act in which the provision occurs is amended by a Schedule to this Act;
then, to avoid doubt, the provision has the effect referred to in paragraph (a).
15DF
Section 7 of the Acts Interpretation Act 1901 Section 7 of the
Acts Interpretation Act 1901 applies in relation to the amendments and repeals made by this Act to the extent to which this Schedule or regulations made under it do not deal with a matter arising in relation to those amendments or repeals.
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Regulations may deal with transitional and other matters (1) The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed by the regulations; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made prescribing 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 this Act.
(3) Regulations made before 1 July 2017 may provide that this Act or any other Act or instrument has effect with any modifications prescribed by the regulations.
(4) Despite subsection 12(2) of the
Legislative Instruments Act 2003 , regulations made before 1 July 2017 may be expressed to take effect from a day before the regulations are registered under that Act (but not before the commencement day).
(5) However, if:
(a) a person engaged in conduct before the regulations were registered; and
(b) but for the retrospective effect of the regulations, the conduct would not have contravened a provision of this Act
, or another Act or instrument;then a court must not convict the person of an offence, or impose a pecuniary penalty, in relation to the conduct on the grounds that it contravened a provision of this Act or another Act or instrument.
(6) This Schedule does not limit the regulations that may be made under this item.
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