Administrative Appeals Tribunal Amendment Act 1979

Administered by Attorney-General's Department

Legislation au C2004A02153 Not in force Act

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Administrative Appeals Tribunal Amendment Act 1979

No. 143 of 1979

An Act to amend the Administrative Appeals Tribunal Act 1975.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Administrative Appeals Tribunal Amendment Act 1979.

(2) The Administrative Appeals Tribunal Act 1975 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Constitution of Tribunal for exercise of powers

3. Section 21 of the Principal Act is amended by omitting from subsection (1a) 37(2) and substituting 37(1a) or (2).

Person affected by decision may obtain reasons for decision

4. Section 28 of the Principal Act is amended by omitting from sub-sections (1) and (1a) within 14 days and substituting as soon as practicable but in any case within 28 days.

Lodging of material documents with Tribunal

5. Section 37 of the Principal Act is amended—

(a) by omitting from sub-section (1) within the prescribed time and substituting within 28 days ; and

(b) by inserting after sub-section (1) the following sub-section:

(1a) If it appears to the Tribunal that a party to a proceeding before the Tribunal for a review of a decision would or might suffer hardship if the period prescribed by sub-section (1) for lodging with the Tribunal for the purposes of the review the copies of the documents mentioned in that sub-section is not shortened, the Tribunal may, upon request being made, as prescribed, by that party, make an order directing that those copies be lodged with the Tribunal within such period (being a period of less than 28 days) after the person who made the decision receives or received notice of the application as is specified in the order..


6. Section 41 of the Principal Act is repealed and the following section substituted:

Operation and implementation of a decision that is subject to review

41. (1) Subject to this section, the making of an application to the Tribunal for a review of a decision does not affect the operation of the decision or prevent the taking of action to implement the decision.

(2) The Tribunal or a presidential member may, on request being made, as prescribed, by a party to a proceeding before the Tribunal (in this section referred to as the relevant proceeding), if the Tribunal or presidential member is of the opinion that it is desirable to do so after taking into account the interests of any persons who may be affected by the review, make such order or orders staying or otherwise affecting the operation or implementation of the decision to which the relevant proceeding relates or a part of that decision as the Tribunal or presidential member considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the application for review.

(3) Where an order is in force under sub-section (2) (including an order that has previously been varied on one or more occasions under this sub-section), the Tribunal or a presidential member may, on request being made, as prescribed, by a party to the relevant proceeding, make an order varying or revoking the first-mentioned order.

(4) Subject to sub-section (5), the Tribunal or a presidential member shall not—

(a) make an order under sub-section (2) unless the person who made the decision to which the relevant proceeding relates has been given a reasonable opportunity to make a submission to the Tribunal or presidential member, as the case may be, in relation to the matter; or

(b) make an order varying or revoking an order in force under subsection (2) (including an order that has previously been varied on one or more occasions under sub-section (3)) unless—

(i) the person who made the decision to which the relevant proceeding relates;

(ii) the person who requested the making of the order under sub-section (2); and

(iii) if the order under sub-section (2) has previously been varied by an order or orders under sub-section (3)—the person or persons who requested the making of the last-mentioned order or orders,

have been given a reasonable opportunity to make submissions to the Tribunal or presidential member, as the case may be, in relation to the matter.


(5) Sub-section (4) does not prohibit the Tribunal or a presidential member from making an order without giving to a person referred to in that sub-section a reasonable opportunity to make a submission to the Tribunal or presidential member in relation to a matter if the Tribunal or presidential member is satisfied that, by reason of the urgency of the case or otherwise, it is not practicable to give that person such an opportunity but, where an order is so made without giving such an opportunity to the person who made the decision to which the relevant proceeding relates, the order does not come into operation until a notice setting out the terms of the order is served on that person.

(6) An order in force under sub-section (2) (including an order, that has previously been varied on one or more occasions under sub-section (3))—

(a) is subject to such conditions as are specified in the order; and

(b) has effect until—

(i) where a period for the operation of the order is specified in the order—the expiration of that period or, if the application for review is decided by the Tribunal before the expiration of that period, the decision of the Tribunal on the application for review comes into operation; or

(ii) if no period is so specified—the decision of the Tribunal on the application for review comes into operation..

Review by Tribunal

7. Section 43 of the Principal Act is amended—

(a) by inserting after sub-section (5) the following sub-sections:

(5a) Subject to sub-section (5b), a decision of the Tribunal comes into operation forthwith upon the giving of the decision.

(5b) The Tribunal may specify in a decision that the decision is not to come into operation until a later date specified in the decision and, where a later date is so specified, the decision comes into operation on that date.; and

(b) by inserting upon the coming into operation of the decision of the Tribunal, in sub-section (6) before unless.

Appeals to Federal Court of Australia from decisions of Tribunal

8. Section 44 of the Principal Act is amended by omitting sub-section (6).

9. After section 44 of the Principal Act the following section is inserted:

Operation and implementation of a decision that is subject to appeal

44a. (1) Subject to this section, the institution of an appeal to the Federal Court of Australia from a decision of the Tribunal does not affect the operation of the decision or prevent the taking of action to implement the decision.


(2) Where an appeal is instituted in the Federal Court of Australia from a decision of the Tribunal, that Court or a Judge of that Court may make such order or orders staying or otherwise affecting the operation or implementation of either or both of the following:

(a) the decision of the Tribunal or a part of that decision; and

(b) the decision to which the proceeding before the Tribunal related or a part of that decision,

as that Court or Judge considers appropriate for the purpose of securing the effectiveness of the hearing and determination of the appeal.

(3) Where an order is in force under sub-section (2) (including an order that has previously been varied on one or more occasions under this sub-section), the Federal Court of Australia or a Judge of that Court may make an order varying or revoking the first-mentioned order.

(4) An order in force under sub-section (2) (including an order that has previously been varied on one or more occasions under sub-section (3))—

(a) is subject to such conditions as are specified in the order; and

(b) has effect until—

(i) where a period for the operation of the order is specified in the order—the expiration of that period or, if a decision is given on the appeal before the expiration of that period, the giving of the decision; or

(ii) where no period is so specified—the giving of a decision on the appeal..

Composition of Council

10. Section 49 of the Principal Act is amended by inserting after sub-section (2) the following sub-section:

(2a) The Governor-General shall appoint one of the members to be the Chairman of the Council..

Qualifications for appointment

11. Section 50 of the Principal Act is amended by omitting unless he has had extensive experience in public administration or has an extensive knowledge of administrative law and substituting unless he has had extensive experience at a high level in industry, commerce, public administration, industrial relations, the practice of a profession or the service of a government or of an authority of a government or has an extensive knowledge of administrative law or public administration.

Meetings

12. Section 56 of the Principal Act is amended by omitting President from sub-sections (2), (3), (5) and (6) and substituting Chairman of the Council.


Officers of Tribunal

13. Section 65 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-section:

(3) The Registrar, the Deputy Registrars and the other officers of the Tribunal shall be—

(a) persons appointed or employed under the Public Service Act 1922; or

(b) if there is in force an arrangement between the Public Service Board and the appropriate authority of the Northern Territory providing for the services of officers or employees of the Public Service of that Territory to be made available to the Tribunalpersons whose services are made available to the Tribunal in pursuance of the arrangement..

Schedule

14. The Schedule to the Principal Act is amended by adding at the end of clause 22 the following sub-clause:

(5) Where an application has, whether before or after the commencement of this sub-clause, been made to the Tribunal for the review of a decision of the Minister under section 12 or 13 of the Migration Act 1958 ordering the deportation of a person, the order for the deportation of the person shall not be taken for the purposes of section 39 of that Act to have ceased or to cease to be in force by reason only of any order that has, whether before or after the commencement of this sub-clause, been made by the Tribunal or a presidential member under section 41 of this Act or by the Federal Court of Australia or a Judge of that Court under section 44a of this Act..

 

 

Overview

The Administrative Appeals Tribunal Amendment Act 1979 (No. 143 of 1979) amends the Administrative Appeals Tribunal Act 1975 to refine and enhance the operations of the Administrative Appeals Tribunal (AAT). Enacted by the Queen, with the assent of the Senate and House of Representatives of the Commonwealth of Australia, this Act responds to the need for greater efficiency and flexibility in the administrative review process. The legislative intent is to streamline the processes by which decisions are reviewed, ensure timely provision of reasons for decisions, and adjust the timeframes for lodging material documents with the Tribunal, among other amendments. This Act aims to maintain the effectiveness of the AAT in reviewing administrative decisions while providing a more responsive and fair process for those affected by such decisions.

Scope and Application

The Administrative Appeals Tribunal Amendment Act 1979 amends the Administrative Appeals Tribunal Act 1975 and applies to the Commonwealth of Australia, including the Australian Capital Territory and the Northern Territory. This Act applies to decisions made by Commonwealth agencies and officers that are subject to review by the Administrative Appeals Tribunal (AAT). The legislation specifically extends to matters that involve the review of decisions under the Migration Act 1958, particularly those related to deportation orders. The Act governs the process and timelines for lodging material documents with the Tribunal, specifies the timeframes within which reasons for decisions must be provided, and outlines the circumstances under which the AAT can stay or affect the operation of a decision during a review or appeal process. The Act also amends the composition of the AAT Council by mandating that one member be appointed as the Chairman by the Governor-General. Additionally, it modifies the qualifications required for Council members and specifies the conditions under which the Tribunal or the Federal Court can make orders to stay or vary the operation or implementation of decisions that are subject to review or appeal.

Key Provisions

The Administrative Appeals Tribunal Amendment Act 1979 makes several significant amendments to the Administrative Appeals Tribunal Act 1975 (the "Principal Act"). The primary changes involve modifications to the timeframes for lodging documents with the Tribunal, the authority to issue orders affecting the operation or implementation of decisions under review, and the qualifications for Council members. Under the amended Act, the time for lodging material documents with the Tribunal is extended to 28 days (Section 5). The Tribunal is granted the authority to issue orders that can stay or otherwise affect the operation or implementation of a decision under review, subject to certain conditions (Section 41). The composition of the Council is amended to include a Chairman appointed by the Governor-General (Section 10). Furthermore, the qualifications for Council members have been broadened to include extensive experience in various fields such as industry, commerce, public administration, industrial relations, the practice of a profession, or service in government (Section 11). The Act imposes specific obligations on the parties involved in proceedings before the Tribunal. For instance, parties must lodge relevant documents within the specified timeframes, and they must comply with any orders issued by the Tribunal or the Federal Court of Australia regarding the operation or implementation of decisions. The Act also mandates that the Tribunal or a presidential member must consider the interests of any persons affected by the review when making an order under Section 41. Moreover, it requires the Tribunal to give the person who made the decision and other relevant parties a reasonable opportunity to make submissions unless the urgency of the case or other circumstances make it impracticable (Section 4). Additionally, the Governor-General is tasked with appointing a Chairman for the Council, as per Section 10. The Act does not explicitly outline specific offences or penalties for breaches of its provisions. However, non-compliance with the procedural requirements, such as failing to lodge documents within the specified timeframes or disregarding orders issued by the Tribunal or the Federal Court, could potentially result in the Tribunal or the Court taking remedial action. Such actions might include dismissing applications or making adverse findings against the non-compliant party. Furthermore, the Tribunal and the Federal Court retain the inherent power to penalise contempt or other forms of non-compliance with their orders. While the Act does not specify maximum penalties, breaches of administrative law principles or Tribunal orders can lead to legal consequences, including fines or other sanctions as determined by the relevant court.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.