Jervis Bay Territory Legislation Amendment (Administrative Review Tribunal and Other Matters) Ordinance 2024

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2024L01294 In force Legislative Instrument

Legislation content

Australian Antarctic Territory Weapons Amendment (Administrative Review Tribunal) Ordinance 2024

Christmas Island Motor Vehicle (Third Party Insurance) Legislation Amendment (Administrative Review Tribunal) Ordinance 2024

Cocos (Keeling) Islands Motor Vehicle (Third Party Insurance) Legislation Amendment (Administrative Review Tribunal) Ordinance 2024

Heard Island and Mcdonald Islands Legislation Amendment (Administrative Review Tribunal) Ordinance 2024

Jervis Bay Territory  Amendment (Administrative Review Tribunal and Other Matters) Ordinance 2024

 

EXPLANATORY STATEMENT
 

Issued by authority of the Attorney-General

in compliance with section 15J of the Legislation Act 2003

 

Purpose and operation of the Instrument

The Administrative Review Tribunal Act 2024 (the Act) establishes the Administrative Review Tribunal (Tribunal), as a fit-for-purpose federal administrative review body which will replace the Administrative Appeals Tribunal (AAT). The Act received Royal Assent on 3 June 2024 and has been proclaimed to commence on 14 October 2024.

The purpose of the Australian Antarctic Territory Weapons Amendment (Administrative Review Tribunal) Ordinance 2024, Christmas Island Motor Vehicle (Third Party Insurance) Legislation Amendment (Administrative Review Tribunal) Ordinance 2024,Cocos (Keeling) Islands Motor Vehicle (Third Party Insurance) Legislation Amendment (Administrative Review Tribunal) Ordinance 2024, Heard Island and McDonald Islands Legislation Amendment (Administrative Review Tribunal) Ordinance 2024 and Jervis Bay Territory Legislation Amendment (Administrative Review Tribunal and Other Matters) Ordinance 2024 (together, the Amending Ordinances) is to make necessary consequential amendments to total of 8 ordinances as a result of the abolition of the AAT and the establishment of the new Tribunal. The amendments facilitate the smooth transition from the AAT to the new Tribunal and ensure clarity for users.

In particular, the Amending Ordinances update terminology within the ordinances, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975 and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. The Amending Ordinances also update other outdated legislative references.

The Amending Ordinances are legislative instruments for the purposes of the Legislation Act 2003.

The Amending Ordinances amend ordinances in the Climate Change, Energy, the Environment and Water and the Infrastructure, Transport, Regional Development, Communications and Art portfolios.

The Amending Ordinances are made pursuant to, and operate under various empowering legislation administered by the 5 different Islands or Territories, as follows:

  • Section 11 of the Australian Antarctic Territory Act 1954 authorises the making of the Australian Antarctic Territory Weapons Amendment (Administrative Review Tribunal) Ordinance 2024.
  • Section 9 of the Christmas Island Act 1958 authorises the making of the Christmas Island Motor Vehicle (Third Party Insurance) Legislation Amendment (Administrative Review Tribunal) Ordinance 2024.
  • Section 12 of the Cocos (Keeling) Islands Act 1955 authorises the making of the Cocos (Keeling) Island Motor Vehicle (Third Party Insurance) Legislation Amendment (Administrative Review Tribunal) Ordinance 2024
  • Section 10 of the Heard Island and McDonald Islands Act 1953 authorises the making of the Heard Island and McDonald Islands Legislation Amendment (Administrative Review Tribunal) Ordinance 2024.
  • Section 4F of the Jervis Bay Territory Acceptance Act 1915 authorises the making of the Jervis Bay Territory Legislation Amendment (Administrative Review Tribunal and Other Matters) Ordinance 2024.

Details of the Amending Ordinances are set out in the Attachment A.

Consultation

Before the instrument was made, the Attorney-General considered the general obligation to consult required by section 17 of the Legislation Act 2003.

The Attorney-General’s Department consulted with the Department of Climate Change, Energy, the Environment and Water, and the Department of Infrastructure, Transport, Regional Development, Communications and Arts, on the Amending Ordinances in August – September 2024. The Departments confirm that consultation requirements have been satisfied and that the relevant agencies were supportive of the proposed amendments to ordinances in their portfolio. 

Impact analysis

The Office of Impact Analysis advised that a Regulatory Impact Statement is not required as the Amending Ordinances are unlikely to have more than a minor regulatory impact, as changes will not affect businesses, individuals or community organisations. (OBPR22-03440).


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

The Amending Ordinances are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the legislative instrument

The Amending Ordinances support the Administrative Review Tribunal legislative package, by making consequential amendments to 8 Ordinances across 5 Islands or Territories and 2 Portfolios.

The Statements of Compatibility with Human Rights in the Explanatory Memorandum for the ART Act, the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Consequential Act 1), and the Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 (Consequential Act 2) (together, the ART legislative package) outline the human rights impacts of Australia’s framework for administrative review.

The Amending Ordinances will enable the efficient and effective operation of the administrative review framework. The Amending Ordinances ensure that legal frameworks reflect the terminology, concepts, structure and policy settings in the ART Act or are otherwise consistent with the ART Act. This will ensure that existing laws continue to apply as intended.

The Amending Ordinances support human rights by making simple terminology changes, such as updating outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975 and replacing them with references to the Administrative Review Tribunal, ART and the Administrative Review Tribunal Act 2024 (respectively). These amendments will ensure that decisions may be reviewable by the Tribunal (where they were previously reviewable by the AAT). This maintains the ability of persons to seek independent, external review of government decisions.

Human rights implications

The Amending Ordinances only make minor consequential amendments to Ordinances to align with the ART Act, hence, the Amendment Ordinances do not engage any of the applicable rights or freedom.

Conclusion

The Amending Ordinances are compatible with human rights as they do not raise any human rights issues.


Attachment A

Australian Antarctic Territory Weapons Amendment (Administrative Review Tribunal) Ordinance 2024

OUTLINE

This Ordinance contains consequential amendments to the Weapons Ordinance 2001 in the Australian Antarctic Territory.

Section 1 – Name

This section will provide that the title of the Ordinance is the Australian Antarctic Territory Weapons Amendment (Administrative Review Tribunal) Ordinance 2024. 

Section 2 – Commencement

This section will provide for the commencement of the whole of this Ordinance. The table provides that the whole of this ordinance will commence on the later of either the day after this Ordinance is registered, or the day that the ART Act commences. The ART Act is proclaimed to commence on 14 October 2024.

Section 3 – Authority

This section will provide that this Ordinance is made under section 11 of the Australian Antarctic Territory Act 1954.

Section 4 – Schedules

This section provides that each instrument specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other items in a Schedule to this Ordinance has affected according to its terms.


Schedule 1 – Amendments

Item 1: Section 23
Terminology changes

This item will make a simple terminology change to update an outdated reference to the AAT and replace it with a reference to the Tribunal. This amendment will ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provision will continue to operate in substantively the same way in relation to the new Tribunal.


Christmas Island Motor Vehicle (Third Party Insurance) Legislation Amendment (Administrative Review Tribunal) Ordinance 2024

OUTLINE

This Ordinance contains consequential amendments to the Motor Vehicle (Third Party Insurance) Legislation Ordinance 2001 in the Christmas Island.

Section 1 – Name

This section will provide that the title of the Ordinance is the Christmas Island Motor Vehicle (Third Party Insurance) Legislation Amendment (Administrative Review Tribunal) Ordinance 2024.

Section 2 – Commencement

This section will provide for the commencement of the whole of this Ordinance. The table provides that the whole of this ordinance will commence on the later of either the day after this Ordinance is registered, or the day that the ART Act commences. The ART Act is proclaimed to commence on 14 October 2024.

Section 3 – Authority

This section will provide that this Ordinance is made under section 9 of the Christmas Island Act 1958.

Section 4 – Schedules

This section will provide that each instrument specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other items in a Schedule to this Ordinance has affected according to its terms.


 

Schedule 1 – Amendments

Item 1 and 2: Item 5 of Schedule 1 (Subsections 3AA(5) and 3AB(4))
Terminology changes

These item will make simple terminology changes to update outdated references to the Administrative Appeals Tribunal and the Administrative Appeals Tribunal Act 1975 and replace them with references to the Administrative Review Tribunal and the Administrative Review Tribunal Act 2024 (respectively). These amendments will ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions will continue to operate in substantively the same way in relation to the new Tribunal.


 

Cocos (Keeling) Islands Motor Vehicle (Third Party insurance) Legislation Amendment (Administrative Review Tribunal) Ordinance 2024

OUTLINE

This Ordinance contains consequential amendments to the Motor Vehicle (Third Party Insurance) Legislation Ordinance 2001 in the Coco (Keeling) Island.

Section 1 – Name

This section will provide that the title of the Ordinance is the Cocos (Keeling) Islands Motor Vehicle (Third Party Insurance) Legislation Amendment (Administrative Review Tribunal) Ordinance 2024.

Section 2 – Commencement

This section will provide for the commencement of the whole of this Ordinance. The table provides that the whole of this ordinance will commence on the later of either the day after this Ordinance is registered, or the day that the ART Act commences. The ART Act is proclaimed to commence on 14 October 2024.

Section 3 – Authority

This section will provide that this Ordinance is made under section 12 of the Cocos (Keeling) Islands Act 1955.

Section 4 – Schedules

This section will provide that each instrument specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other items in a Schedule to this Ordinance has affected according to its terms.


Schedule 1 – Amendments

Item 1 and 2: Item 5 of Schedule 1 (Subsections 3AA(5) and 3AB(4))
Terminology changes

These item will make simple terminology changes to update an outdated reference to the Administrative Appeals Tribunal and the Administrative Appeals Tribunal Act 1975 and replace them with references to the Administrative Review Tribunal and the Administrative Review Tribunal Act 2024 (respectively). These amendments will ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions will continue to operate in substantively the same way in relation to the new Tribunal.


Heard Island and McDonald Islands Legislation Amendment (Administrative Review Tribunal) Ordinance 2024

OUTLINE

This Ordinance contains consequential amendments to the following ordinances in the Heard Island and McDonald Islands:

  • Environment Protection and Management Ordinance 1987
  • Weapons Ordinance 2001
Section 1 – Name

This section will provide that the title of the Ordinance is the Heard Island and McDonald Islands Legislation Amendment (Administrative Review Tribunal) Ordinance 2024.

Section 2 – Commencement

This section will provide for the commencement of the whole of this Ordinance. The table provides that the whole of this ordinance will commence on the later of either the day after this Ordinance is registered, or the day that the ART Act commences. The ART Act is proclaimed to commence on 14 October 2024.

Section 3 – Authority

This section will provide that this Ordinance is made under section 10 of the Heard Island and McDonald Islands Act 1953.

Section 4 – Schedules

This section will provide that each instrument specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other items in a Schedule to this Ordinance has affected according to its terms.


Schedule 1 – Amendments

General terminology changes

A number of items in this Ordinance will make simple terminology changes, such as updating outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975 and replacing them with references to the Administrative Review Tribunal, ART and the Administrative Review Tribunal Act 2024 (respectively). These amendments will ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions will continue to operate in substantively the same way in relation to the new Tribunal.

Environment Protection and Management Ordinance 1987

Item 1, 2 and 3: Sections 17(6), 23(1) and 23(3)
Terminology changes

This item will amend terminology. See explanation of general terminology changes above.

Weapons Ordinance 2001 (Federal Register of Legislation No.F2007B00566)

Item 4: Section 21
Terminology changes

This item will amend terminology. See explanation of general terminology changes above.


Jervis Bay Territory Legislation Amendment (Administrative Review Tribunal and Other Matters) OrdinanceS 2024

OUTLINE

This Ordinance contains consequential amendments to the following ordinances in the Jervis Bay Territory:

  • Jervis Bay Territory Emergency Management Ordinance 2015
  • Jervis Bay Territory Marine Safety Ordinance 2016
  • Leases Ordinance 1992
Section 1 – Name

This section will provide that the title of the Ordinance is the Jervis Bay Territory Legislation Amendment (Administrative Review Tribunal and Other Matters) Ordinance 2024.

Section 2 – Commencement

This section will provide for the commencement of the whole of this Ordinance. The table provides that the whole of this ordinance will commence on the later of either the day after this Ordinance is registered, or the day that the ART Act commences. The ART Act is proclaimed to commence on 14 October 2024.

Section 3 – Authority

This section will provide that this Ordinance is made under section 4F of the Jervis Bay Territory Acceptance Act 1915.

Section 4 – Schedules

This section will provide that each instrument specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other items in a Schedule to this Ordinance has affected according to its terms.


Schedule 1 – Amendments

General terminology changes

A number of items in this Ordinance will make simple terminology changes, such as updating outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975 and replacing them with references to the Administrative Review Tribunal, ART and the Administrative Review Tribunal Act 2024 (respectively). These amendments will ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions will continue to operate in substantively the same way in relation to the new Tribunal.

Jervis Bay Territory Emergency Management Ordinance 2015

Item 1: Subsection 23(5)
Terminology changes

This item will amend terminology. See explanation of general terminology changes above.

Jervis Bay Territory Marine Safety Ordinance 2016

Item 2: Subsection 111(6)
Terminology changes

This item will amend terminology. See explanation of general terminology changes above.

Leases Ordinance 1992

Item 3, 4 and 5: Section 15 (Heading), Section 15 and Subsection 16(3)
Terminology changes

These items will amend terminology. See explanation of general terminology changes above.

Item 6: Subsection 23AA(2)(note 1)
Updating legislative references

This item will repeal and substitute Note 1 to subsection 23AA(2), replacing the reference to the Federal Circuit Court of Australia and section 10AA of the Federal Circuit Court of Australia Act 1999 (FCC Act) with a reference to the Federal Circuit and Family Court of Australia (Division 2) and the equivalent provision in the Federal Circuit and Family Court of Australia Act 2021 (FCFCOA Act).

Consistent with section 10AA of the FCC Act, section 133 of the FCFCOA Act provides that the FCFCOA (Division 2) has original jurisdiction to hear and determine a Commonwealth tenancy dispute between the parties to a lease, licence, or other arrangements. The FCC Act was repealed by the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 on 1 September 2021. This amendment is technical in nature and will ensure the note remains accurate.

Item 7 and 8: Section 23A (Heading) and Section 23A

These items will amend terminology. See explanation of general terminology changes above.

 

Overview

The Administrative Review Tribunal Act 2024 was enacted to establish the Administrative Review Tribunal (ART) as a federal administrative review body to replace the Administrative Appeals Tribunal (AAT). This Act received Royal Assent on 3 June 2024 and is set to commence on 14 October 2024. The primary purpose of the Act is to ensure a smooth transition from the AAT to the ART and to maintain clarity and continuity for users of the administrative review system. Several consequential ordinances were introduced to update terminology and references in various territories and islands' legislation to align with the new Tribunal. These include the Australian Antarctic Territory Weapons Amendment (Administrative Review Tribunal) Ordinance 2024, the Christmas Island Motor Vehicle (Third Party Insurance) Legislation Amendment (Administrative Review Tribunal) Ordinance 2024, the Cocos (Keeling) Islands Motor Vehicle (Third Party Insurance) Legislation Amendment (Administrative Review Tribunal) Ordinance 2024, the Heard Island and McDonald Islands Legislation Amendment (Administrative Review Tribunal) Ordinance 2024, and the Jervis Bay Territory Legislation Amendment (Administrative Review Tribunal and Other Matters) Ordinance 2024. The enacting body for these ordinances is the Commonwealth of Australia, operating under specific authorities granted by respective acts for each territory or island. The policy objective of these amendments is to facilitate the efficient and effective operation of the administrative review framework by ensuring that existing laws continue to apply as intended under the new Tribunal structure.

Scope and Application

The Administrative Review Tribunal Act 2024 and its associated Amending Ordinances establish the Administrative Review Tribunal (ART) as a federal administrative review body to replace the Administrative Appeals Tribunal (AAT). The Act applies to various territories and their respective ordinances, including the Australian Antarctic Territory, Christmas Island, Cocos (Keeling) Islands, Heard Island and McDonald Islands, and Jervis Bay Territory. The purpose of the Amending Ordinances is to make necessary consequential amendments to eight ordinances to ensure a smooth transition from the AAT to the new ART, primarily by updating terminology and legislative references. These amendments are crucial to maintaining the functionality and continuity of the administrative review process across these territories. The Amending Ordinances are authorised by specific sections of the respective acts governing each territory and will commence on the later of either the day after the ordinance is registered or the day that the ART Act commences, which is 14 October 2024. The Amending Ordinances ensure that the ART has jurisdiction to review decisions previously reviewable by the AAT, thereby upholding the ability of individuals and entities to seek independent review of government decisions. Importantly, the Amending Ordinances do not engage any applicable human rights issues as they only involve minor terminology changes that do not affect businesses, individuals, or community organisations.

Key Provisions

The main operative sections of these Amending Ordinances primarily involve making consequential amendments to existing ordinances across various territories and islands to align with the establishment of the Administrative Review Tribunal (ART) under the Administrative Review Tribunal Act 2024 (ART Act). These amendments update terminology within the ordinances, such as replacing outdated references to the Administrative Appeals Tribunal (AAT) and the Administrative Appeals Tribunal Act 1975 with references to the ART and the ART Act 2024. For example, the Australian Antarctic Territory Weapons Amendment (Administrative Review Tribunal) Ordinance 2024, Section 23, makes terminology changes to ensure that the Tribunal has jurisdiction over decisions previously reviewable by the AAT. Similarly, the Christmas Island Motor Vehicle (Third Party Insurance) Legislation Amendment (Administrative Review Tribunal) Ordinance 2024 updates references in the Motor Vehicle (Third Party Insurance) Legislation Ordinance 2001 to reflect the new Tribunal. The obligations imposed on parties and entities by these Amending Ordinances include ensuring that all references to the AAT and related legislative instruments are updated to reflect the ART and the ART Act 2024. This ensures continuity and clarity in the legal framework, maintaining the ability of persons to seek independent, external review of government decisions under the new Tribunal. For instance, the Jervis Bay Territory Legislation Amendment (Administrative Review Tribunal and Other Matters) Ordinance 2024 updates terminology in the Jervis Bay Territory Emergency Management Ordinance 2015 and other related ordinances to align with the new administrative review framework. There are no specific offences, penalties, or civil/criminal consequences outlined in these Amending Ordinances for non-compliance with the amendments. The primary focus of these ordinances is to ensure a smooth transition from the AAT to the ART by updating legislative references and terminology, thereby maintaining the integrity and functionality of the administrative review process. These amendments are technical in nature, aimed at ensuring that existing laws continue to apply as intended under the new Tribunal. The consequential amendments are designed to avoid any disruption in the review process and ensure that the Tribunal has the same jurisdiction and authority previously held by the AAT.

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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.