Administrative Decisions (Judicial Review) Regulations (Amendment)

Overview

The Administrative Decisions (Judicial Review) Regulations (Amendment) 1991 No. 160 was enacted to amend the Administrative Decisions (Judicial Review) Regulations 1977. This amendment was necessary to reflect the change of name of the Superannuation Fund Investment Trust to Commonwealth Funds Management Limited, effective from 1 July 1991. The original regulation specified that certain decisions of the Superannuation Fund Investment Trust regarding its commercial activities were exempt from the requirement to provide reasons under section 13 of the AD(JR) Act. This amendment updates the regulation to reflect the new name of the entity, ensuring that the legal framework remains current and applicable. The objective of this regulatory change is to maintain the integrity and applicability of the existing legal provisions as the entity undergoes a name change but continues its operations.

Scope and Application

The Administrative Decisions (Judicial Review) Regulations (Amendment) 1991 No. 160 amends the Administrative Decisions (Judicial Review) Regulations to reflect the reconstitution of the Superannuation Fund Investment Trust as a Government Business Enterprise under the name Commonwealth Funds Management Limited, effective from 1 July 1991. This amendment is necessary to ensure that the regulatory framework aligns with the organisational changes, maintaining the integrity and continuity of the legislative intent concerning judicial review. Specifically, Regulation 2A is amended to substitute the entity name, thereby clarifying which decisions of the newly named Commonwealth Funds Management Limited do not fall under the requirement to provide statements of reasons as mandated by section 13 of the Administrative Decisions (Judicial Review) Act 1977. This regulatory amendment ensures that the scope and application of the Act remain precise and relevant to the entity's current operational structure and nomenclature.

Key Provisions

The main operative sections of the Administrative Decisions (Judicial Review) Regulations (Amendment) 1991 No. 160, specifically Regulation 3, amend the existing Administrative Decisions (Judicial Review) Regulations. These amendments are made to reflect the change of name of the Superannuation Fund Investment Trust to Commonwealth Funds Management Limited, effective from 1 July 1991. Regulation 2A, which originally exempted decisions of the Superannuation Fund Investment Trust related to its commercial activities from the requirement of providing a statement of reasons under section 13 of the Administrative Decisions (Judicial Review) Act 1977, is updated to substitute the entity's new name. This ensures that the legal framework continues to appropriately address decisions made by the entity under its new designation. The obligations and requirements imposed by these regulations primarily concern the procedural aspects of judicial review for decisions made by Commonwealth Funds Management Limited. Under the AD(JR) Act, certain decisions are subject to review and must provide a statement of reasons. However, Regulation 3 exempts decisions related to the commercial activities of Commonwealth Funds Management Limited from this requirement, aligning with the previous exemption for the Superannuation Fund Investment Trust. This means that the entity is not required to furnish a statement of reasons for these decisions, a procedural distinction that impacts the process of judicial review for these specific types of decisions. In terms of offences, penalties, or consequences for breaches, the Administrative Decisions (Judicial Review) Regulations (Amendment) 1991 No. 160 do not introduce new offences or penalties. The existing AD(JR) Act and its regulations govern the legal consequences of non-compliance with the judicial review process. Any failure to adhere to the requirements set out in the AD(JR) Act, including the provision of a statement of reasons where applicable, could result in judicial review proceedings. The penalties or consequences for non-compliance would depend on the outcome of such proceedings and any applicable legal remedies. However, the specific amendments in this regulation focus on updating the entity's name rather than altering the substantive legal framework governing the penalties for non-compliance.