EXPLANATORY STATEMENT
1983 NO 124
ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977
ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS (REPEAL)
Section 20 of the Administrative Decisions (Judicial Review) Act 1977 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed by regulations or necessary or convenient to be prescribed by regulations for carrying out or giving effect to the Act.
The Administrative Decisions (Judicial Review) Regulations Statutory Rules 1982 No. 317 were made for the purpose of excluding from judicial review under the Act decisions under Section 42 of the Customs Act 1901 to require and take securities in respect of duties that may be payable on goods under sections 8, 9, 10 and 11 of the Customs Tariff (Anti-Dumping) Act 1975.
The Administrative Decisions (Judicial Review) Regulations were made because the need to take securities where imports were suspected of being dumped was being frustrated by the granting of injunctions in the Federal Court of Australia under the Act. In the view of the Government, removal from judicial review was essential if anti-dumping measures were to be effective in protecting Australian industry.
The Customs Securities (Anti-Dumping) Amendment Act 1982 No. 137 of 1982 amended the Act by including in Schedule 1 to the Act the abovementioned decisions under Section 42 of the Customs Act 1901, with the effect that those decisions were excluded from judicial review under the Act. The amendment was retrospective to the day on which the Administrative Decisions (Judicial Review) Regulations came into force.
Accordingly, there is no longer any scope for the operation of the Administrative Decisions (Judicial Review) Regulations.