2008 THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Contents Page 1 Name of Act 2 2 Commencement 2 3 Legislation amended--sch 1 2 Schedule 1 Legislation amended 3 Part 1.1 ACT Civil and Administrative Tribunal Act 2008 3 Part 1.2 Adoption Act 1993 10 Part 1.3 Adoption Regulation 1993 12 Part 1.4 Agents Act 2003 16 J2008-348 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 1.5 Agents Regulation 2003 17 Part 1.6 Animal Diseases Act 2005 17 Part 1.7 Animal Diseases Regulation 2006 18 Part 1.8 Animal Welfare Act 1992 21 Part 1.9 Annual Leave Act 1973 26 Part 1.10 Associations Incorporation Act 1991 28 Part 1.11 Births, Deaths and Marriages Registration Act 1997 31 Part 1.12 Board of Senior Secondary Studies Act 1997 33 Part 1.13 Boxing Control Act 1993 36 Part 1.14 Building Act 2004 38 Part 1.15 Canberra Institute of Technology Act 1987 38 Part 1.16 Casino Control Act 2006 40 Part 1.17 Cemeteries and Crematoria Act 2003 45 Part 1.18 Charitable Collections Act 2003 48 Part 1.19 Civil Partnerships Act 2008 52 Part 1.20 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 53 Part 1.21 Clinical Waste Act 1990 56 Part 1.22 Common Boundaries Act 1981 58 Part 1.23 Community Title Act 2001 71 Part 1.24 Consumer Credit (Administration) Act 1996 74 Part 1.25 Cooperatives Act 2002 75 Part 1.26 Crimes (Child Sex Offenders) Act 2005 78 Part 1.27 Dangerous Substances Act 2004 80 Part 1.28 Dangerous Substances (Explosives) Regulation 2004 85 Part 1.29 Dangerous Substances (General) Regulation 2004 88 Part 1.30 Domestic Animals Act 2000 90 contents 2 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 1.31 Domestic Animals Regulation 2001 91 Part 1.32 Duties Act 1999 95 Part 1.33 Education Act 2004 96 Part 1.34 Electoral Act 1992 104 Part 1.35 Electricity (Greenhouse Gas Emissions) Act 2004 112 Part 1.36 Electricity (Greenhouse Gas Emissions) Regulation 2004 115 Part 1.37 Electricity Safety Act 1971 119 Part 1.38 Emergencies Act 2004 122 Part 1.39 Environment Protection Act 1997 126 Part 1.40 Fair Trading (Consumer Affairs) Act 1973 134 Part 1.41 Financial Management Act 1996 137 Part 1.42 First Home Owner Grant Act 2000 138 Part 1.43 Fisheries Act 2000 140 Part 1.44 Food Act 2001 142 Part 1.45 Freedom of Information Act 1989 144 Part 1.46 Gambling and Racing Control (Code of Practice) Regulation 2002 151 Part 1.47 Gaming Machine Act 2004 152 Part 1.48 Gas Safety Act 2000 158 Part 1.49 Gas Safety Regulation 2001 160 Part 1.50 Guardianship and Management of Property Regulation 1991 163 Part 1.51 Gungahlin Drive Extension Authorisation Act 2004 164 Part 1.52 Hawkers Act 2003 165 Part 1.53 Health Act 1993 168 Part 1.54 Health Regulation 2004 169 ACT Civil and Administrative Tribunal Legislation contents 3 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 1.55 Hemp Fibre Industry Facilitation Act 2004 170 Part 1.56 Housing Assistance Act 2007 172 Part 1.57 Interactive Gambling Act 1998 175 Part 1.58 Intoxicated People (Care and Protection) Act 1994 180 Part 1.59 Lakes Act 1976 185 Part 1.60 Land Rent Act 2008 188 Part 1.61 Lands Acquisition Act 1994 188 Part 1.62 Land Tax Act 2004 200 Part 1.63 Legal Aid Act 1977 201 Part 1.64 Legal Profession Act 2006 202 Part 1.65 Legal Profession Regulation 2007 203 Part 1.66 Legislation Act 2001 203 Part 1.67 Legislative Assembly (Members' Superannuation) Act 1991 204 Part 1.68 Liquor Act 1975 207 Part 1.69 Liquor Regulation 1979 207 Part 1.70 Litter Act 2004 207 Part 1.71 Long Service Leave Act 1976 209 Part 1.72 Long Service Leave (Building and Construction Industry) Act 1981 210 Part 1.73 Long Service Leave (Contract Cleaning Industry) Act 1999 216 Part 1.74 Magistrates Court Act 1930 222 Part 1.75 Motor Sport (Public Safety) Act 2006 223 Part 1.76 Nature Conservation Act 1980 225 Part 1.77 Occupational Health and Safety Act 1989 228 Part 1.78 Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000 230 contents 4 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 1.79 Ombudsman Act 1989 234 Part 1.80 Payroll Tax Act 1987 235 Part 1.81 Pest Plants and Animals Act 2005 239 Part 1.82 Planning and Development Regulation 2008 241 Part 1.83 Public Advocate Act 2005 242 Part 1.84 Public Health Regulation 2000 244 Part 1.85 Race and Sports Bookmaking Act 2001 245 Part 1.86 Racing Act 1999 258 Part 1.87 Radiation Protection Act 2006 261 Part 1.88 Rates Act 2004 264 Part 1.89 Residential Tenancies Act 1997 265 Part 1.90 Roads and Public Places Act 1937 267 Part 1.91 Road Transport (General) Act 1999 269 Part 1.92 Road Transport (General) Regulation 2000 274 Part 1.93 Road Transport (Public Passenger Services) Regulation 2002 275 Part 1.94 Road Transport (Vehicle Registration) Regulation 2000 276 Part 1.95 Stock Act 2005 278 Part 1.96 Supreme Court Act 1933 280 Part 1.97 Taxation Administration Act 1999 280 Part 1.98 Tobacco Act 1927 289 Part 1.99 Trade Measurement Act 1991 290 Part 1.100 Training and Tertiary Education Act 2003 293 Part 1.101 Tree Protection Act 2005 296 Part 1.102 Unit Titles Act 2001 301 Part 1.103 Utilities Act 2000 306 Part 1.104 Victims of Crime Regulation 2000 324 ACT Civil and Administrative Tribunal Legislation contents 5 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Page Part 1.105 Waste Minimisation Act 2001 333 Part 1.106 Water and Sewerage Act 2000 335 Part 1.107 Water and Sewerage Regulation 2001 336 Part 1.108 Water Resources Act 2007 338 Part 1.109 Workers Compensation Act 1951 342 Part 1.110 Workers Compensation Regulation 2002 343 contents 6 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] THE LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL TERRITORY (As presented) (Attorney-General) ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) A Bill for An Act to amend legislation in relation to tribunals and other bodies, the functions of which are to be conferred on the ACT Civil and Administrative Tribunal, and for other purposes The Legislative Assembly for the Australian Capital Territory enacts as follows: J2008-348 Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 1 Name of Act 2 This Act is the ACT Civil and Administrative Tribunal Legislation 3 Amendment Act 2008 (No 2). 4 2 Commencement 5 (1) This Act, other than part 1.56 (Housing Assistance Act 2007), 6 commences on the commencement of the ACT Civil and 7 Administrative Tribunal Act 2008, section 6 (Objects of Act). 8 Note The naming and commencement provisions automatically commence on 9 the notification day (see Legislation Act, s 75 (1)). 10 (2) Part 1.56 commences on the later of-- 11 (a) the commencement of the ACT Civil and Administrative 12 Tribunal Act 2008, section 6; and 13 (b) the commencement of the Housing Assistance Amendment 14 Act 2008, section 9 (New part 6A). 15 3 Legislation amended--sch 1 16 This Act amends the legislation mentioned in schedule 1. page 2 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] ACT Civil and Administrative Tribunal Act 2008 Part 1.1 Amendment [1.1] 1 Schedule 1 Legislation amended 2 (see s 3) 3 Part 1.1 ACT Civil and Administrative 4 Tribunal Act 2008 5 [1.1] New sections 22R and 22S 6 in division 4A.5, insert 7 22R People who make certain decisions 8 (1) In this Act or an authorising law, a reference to a person (the 9 decision-maker) who makes an internally reviewable decision or 10 reviewable decision includes, if the decision-maker is an 11 unincorporated body, the Territory or a territory authority, a 12 reference to the body, Territory or authority. 13 (2) In this section: 14 internally reviewable decision means a reviewable decision that, 15 under an authorising law, may be internally reviewed or 16 reconsidered before review by the tribunal. 17 reviewable decision means a decision that, under an authorising law, 18 is reviewable by the tribunal. 19 22S Legal and financial assistance for certain people 20 (1) This section applies to a person who, in relation to a matter arising 21 under this part-- 22 (a) makes, or proposes to make, an application to the tribunal; or 23 (b) is a party to an application before the tribunal made by another 24 person; or ACT Civil and Administrative Tribunal Legislation page 3 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.1 ACT Civil and Administrative Tribunal Act 2008 Amendment [1.2] 1 (c) proposes to begin a proceeding for review of a decision, or is a 2 party to a proceeding, before a court. 3 (2) The person may apply to the Minister for assistance in relation to 4 the application or proceeding. 5 (3) The Minister may authorise the provision by the Territory of legal or 6 financial assistance determined by the Minister in relation to the 7 application or proceeding if satisfied that-- 8 (a) it would involve hardship to the person to refuse the 9 application; and 10 (b) in all the circumstances, it is reasonable that the application be 11 granted. 12 (4) The Minister may impose conditions on the authorisation to provide 13 assistance. 14 [1.2] Section 41 (1), note 1 15 substitute 16 Note 1 Documents may be produced electronically in certain circumstances 17 (see Electronic Transactions Act 2001). 18 [1.3] Section 42 (3) 19 omit 20 tribunal 21 substitute 22 presidential member page 4 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] ACT Civil and Administrative Tribunal Act 2008 Part 1.1 Amendment [1.4] 1 [1.4] New section 67B 2 in division 6.3, insert 3 67B Internal review notice 4 (1) A person who makes an internally reviewable decision must take 5 reasonable steps to give written notice (an internal review notice) of 6 the decision to any person whose interests are affected by the 7 decision. 8 (2) Subsection (1) does not apply to a decision not to impose a liability, 9 penalty or limitation on a person if the decision does not adversely 10 affect the interests of another person. 11 (3) A regulation may prescribe-- 12 (a) the time within which an internal review notice must be given; 13 and 14 (b) what a notice must or may contain; and 15 (c) any document or thing that must accompany a notice; and 16 (d) anything else in relation to a notice. 17 (4) A failure to comply with this section in relation to an internally 18 reviewable decision does not affect the validity of the decision. 19 (5) In this section: 20 internally reviewable decision means a reviewable decision that, 21 under an authorising law, may be internally reviewed or 22 reconsidered before review by the tribunal. 23 reviewable decision--see section 67A. ACT Civil and Administrative Tribunal Legislation page 5 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.1 ACT Civil and Administrative Tribunal Act 2008 Amendment [1.5] 1 [1.5] New part 9A 2 insert 3 Part 9A ACAT trust account 4 115A Definitions--pt 9A 5 In this part: 6 ACAT trust account--see section 115B (2). 7 trust amount means an amount mentioned in section 115B (1). 8 115B ACAT trust account 9 (1) The following amounts are held on trust by the Territory: 10 (a) amounts paid to the Territory under this Act; 11 (b) amounts that may or must be paid into the ACAT trust account 12 under an authorising law; 13 (c) interest on the amounts. 14 Note The Financial Management Act 1996, pt 7 sets out how trust amounts 15 are to be held and administered. 16 (2) The chief executive must open and maintain a trust account 17 (the ACAT trust account) for the trust amounts. 18 (3) The chief executive must keep a record of the trust amounts paid 19 into the ACAT trust account under this Act and each authorising 20 law. 21 (4) In this section: 22 interest--see the Financial Management Act 1996, dictionary. page 6 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] ACT Civil and Administrative Tribunal Act 2008 Part 1.1 Amendment [1.6] 1 115C Use of trust amounts 2 (1) If a trust amount is paid into the ACAT trust account under an 3 authorising law, the amount may be used only-- 4 (a) if a purpose is stated in the authorising law in relation to the 5 amount--the stated purpose; or 6 (b) if a purpose is prescribed by regulation for the amount--the 7 prescribed purpose. 8 (2) Any other trust amount may be used-- 9 (a) to meet the recurrent costs of remuneration and administration 10 of the ACAT; or 11 (b) to reimburse the Territory for the costs of administering this 12 Act; or 13 (c) for a purpose prescribed by regulation. 14 [1.6] Section 119 15 substitute 16 119 Legislation repealed 17 (1) The following Acts are repealed: 18 (a) Administrative Appeals Tribunal Act 1989 (A1989-51); 19 (b) Consumer and Trader Tribunal Act 2003 (A2003-16). 20 (2) The following legislative instruments under the Administrative 21 Appeals Tribunal Act 1989 are repealed: 22 (a) Administrative Appeals Tribunal (Code of Practice for 23 Notification of Reviewable Decisions and Rights of Review) 24 Determination 1994 (DI1994-148); 25 (b) Administrative Appeals Tribunal Act 1989--Form 1-- 26 Summons (AF2001-58). ACT Civil and Administrative Tribunal Legislation page 7 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.1 ACT Civil and Administrative Tribunal Act 2008 Amendment [1.6] 1 (3) Also, the following legislative instruments are repealed: 2 (a) Consumer Credit (Administration) Act 1996--Appointment 3 (DI1997-87); 4 (b) Consumer Credit (Administration) Act 1996--Appointment 5 (DI1997-88); 6 (c) Consumer Credit (Administration) Act 1996--Appointment 7 (DI1998-246); 8 (d) Consumer Credit (Administration) Act 1996--Appointment 9 (DI1998-247); 10 (e) Consumer Credit (Administration) Act 1996--Appointment 11 (DI1998-275); 12 (f) Credit Act 1985--Appointment (DI1996-174); 13 (g) Credit Act 1985--Appointment (DI1996-176); 14 (h) Credit Act 1985--Appointment (DI1996-177); 15 (i) Credit Act 1985--Appointment (DI1996-179); 16 (j) Credit Act 1985--Appointment (DI1996-245); 17 (k) Discrimination Act 1991--Form 1--Subpoena (AF2007-27); 18 (l) Health Professionals (Tribunal) Appointment 2005 (No 1) 19 (NI2005-266); 20 (m) Legal Profession (Disciplinary Tribunal) Appointment 2008 21 (No 2) (DI2008­175); 22 (n) Liquor Licensing Board Appointment 2003 (No 1) 23 (DI2003-296); 24 (o) Liquor Licensing Board Appointment 2004 (DI2004-268); 25 (p) Liquor Licensing Board Appointment 2006 (DI2006-75); 26 (q) Liquor Licensing Board Appointment 2007 (DI2007-99); page 8 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] ACT Civil and Administrative Tribunal Act 2008 Part 1.1 Amendment [1.7] 1 (r) Liquor Licensing Board Appointment 2008 (DI2008-98); 2 (s) Remuneration Tribunal (Notification of Offices and 3 Appointments) 2006 (No 1) (NI2006-350); 4 (t) Remuneration Tribunal (Specification of offices and 5 appointments) 2003 (No 5) (NI2003-425); 6 (u) Residential Tenancies Act 1997--Form 1--Termination notice 7 (AF2002-87); 8 (v) Residential Tenancies (Criteria) Determination 1998 9 (DI1998-82); 10 (w) Residential Tenancies Tribunal Appointment 2007 (No 1) 11 (DI2007-229); 12 (x) Residential Tenancies Tribunal Appointment 2007 (No 2) 13 (DI2007-230); 14 (y) Residential Tenancies Tribunal Appointment 2008 (No 1) 15 (DI2008-176); 16 (z) Residential Tenancies Tribunal Appointment 2008 (No 2) 17 (DI2008-177); 18 (za) Residential Tenancies (Tribunal) Selection 2005 (No 2) 19 (DI2005-248); 20 (zb) Residential Tenancies Tribunal Selection 2008 (No 2) 21 (DI2008-178). 22 [1.7] New section 308 23 insert 24 308 Trust money 25 (1) Trust money held immediately before the commencement day-- 26 (a) is, for this Act, an amount received under the Agents Act 2003; 27 and ACT Civil and Administrative Tribunal Legislation page 9 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.2 Adoption Act 1993 Amendment [1.8] 1 (b) must, as soon as practicable, be paid into the ACAT trust 2 account. 3 Note The Financial Management Act 1996, s 51B deals with transfers of 4 amounts between trust banking accounts. 5 (2) In this section: 6 trust money--see the pre-amendment Act, section 162. 7 [1.8] Dictionary, new definitions 8 insert 9 ACAT trust account, for part 9A (ACAT trust account)--see 10 section 115B (2). 11 internal review notice--see section 67B (1). 12 trust amount, for part 9A (ACAT trust account)--see 13 section 115B (1). 14 Part 1.2 Adoption Act 1993 15 [1.9] Section 17 (5) 16 substitute 17 (5) If, at the end of 14 days after the applicant has requested the chief 18 executive to reconsider the decision, the applicant has not been 19 notified of the decision on the reconsideration, the chief executive is 20 taken to have reconsidered and confirmed the decision. page 10 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Adoption Act 1993 Part 1.2 Amendment [1.10] 1 [1.10] New part 7A 2 insert 3 Part 7A Notification and review of 4 decisions 5 102 Meaning of reviewable decision--pt 7A 6 In this part: 7 reviewable decision means a decision prescribed by regulation. 8 103 Reviewable decision notices 9 (1) If a person makes a reviewable decision, the person must give a 10 reviewable decision notice only to each entity prescribed by 11 regulation in relation to the decision. 12 (2) If a child is prescribed by regulation for subsection (1), the chief 13 executive must give a reviewable decision notice to the child only if 14 the chief executive considers it is appropriate to give the notice to 15 the child having regard to the child's age. 16 Note The requirements for reviewable decision notices are prescribed under 17 the ACT Civil and Administrative Tribunal Act 2008. 18 103A Applications for review 19 An entity prescribed by regulation in relation to a reviewable 20 decision may apply to the ACAT for review of the decision. 21 Note If a form is approved under the ACT Civil and Administrative Tribunal 22 Act 2008 for the application, the form must be used. 23 [1.11] Sections 109 and 110 24 omit ACT Civil and Administrative Tribunal Legislation page 11 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.3 Adoption Regulation 1993 Amendment [1.12] 1 [1.12] Dictionary, note 2, dot points 2 omit 3 · administrative appeals tribunal 4 substitute 5 · ACAT 6 [1.13] Dictionary, note 2, new dot point 7 insert 8 · reviewable decision notice 9 [1.14] Dictionary, new definition of reviewable decision 10 insert 11 reviewable decision, for part 7A (Notification and review of 12 decisions)--see section 102. 13 Part 1.3 Adoption Regulation 1993 14 [1.15] Sections 30 and 30A 15 substitute 16 30 Reviewable decisions--Act, s 102, def reviewable 17 decision 18 A decision mentioned in schedule 2, column 3, under a provision 19 mentioned in column 2 in relation to the decision is prescribed. 20 30A Right of review and notice--Act, s 103 and s 103A 21 An entity mentioned in schedule 2, column 4 is prescribed. page 12 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Adoption Regulation 1993 Part 1.3 Amendment [1.16] 1 [1.16] New schedule 2 2 insert 3 Schedule 2 Reviewable decisions 4 (see s 30 and s 30A) 5 Note If a child is mentioned in col 4 in relation to a decision, the chief 6 executive must give a notice to the child only if the chief executive 7 considers it appropriate, having regard to the age of the child (see Act, 8 s 103 (2)). column 1 column 2 column 3 column 4 item section decision entity 1 Act, 17 (4) confirm or vary person who requested decision under review of decision section 16 (1) (a) 2 Act, 32 deny access person denied access or person who has custody of child or child 3 Act, 38 refuse to declare that requesting authority child is under chief in State or another executive's Territory or person guardianship with whom child has been placed with view to adoption or child 4 Act, 62 refuse to give applicant for information, request information authority to give information, or make enquires ACT Civil and Administrative Tribunal Legislation page 13 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.3 Adoption Regulation 1993 Amendment [1.16] column 1 column 2 column 3 column 4 item section decision entity 5 Act, 62 (3) refuse to cause search applicant for search to be made in register of births or refuse to issue copy of, or extract from, search or notification of result of search 6 Act, 68 (7) withhold information applicant for information 7 Act, 72 (1) supply document or applicant for information when document or applicant has not information attended interview with approved counsellor 8 Act, 72 (4) refuse to approve person refused person as counsellor approval 9 Act, 82 refuse to grant principal officer of approval of private organisation adoption agency 10 Act, 85 revoke or suspend principal officer of approval organisation that has approval revoked or suspended 11 Act, 92 deny approval of person who seeks communication approval to communicate or child or adoptive parent page 14 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Adoption Regulation 1993 Part 1.3 Amendment [1.16] column 1 column 2 column 3 column 4 item section decision entity 12 Act, 92 (b) approve person who seeks communication subject approval to to conditions or communicate or child restrictions or adoptive parent 13 Act, refuse to approve adoptive parent or 94 (2) (b) payment in respect of birth mother of child hospital and medical or person who sought expenses approval of payment 14 Act, refuse to authorise adoptive parent or 94 (2) (c) payment or reward birth mother of child or person who sought approval of payment or reward 15 Act, 96 (2) refuse to approve person who seeks advertising or other approval of matter advertisement or other matter or child 16 16 (a) refuse to approve person who seeks tertiary qualification in appointment as social work or in principal officer of appropriate social private adoption science agency 17 17 (a) refuse to approve person who seeks to course in social work act for or on behalf of private adoption agency ACT Civil and Administrative Tribunal Legislation page 15 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.4 Agents Act 2003 Amendment [1.17] 1 Part 1.4 Agents Act 2003 2 [1.17] Sections 162 and 163 3 substitute 4 162 Amounts received under Act 5 (1) This section applies to all amounts paid to the Territory under this 6 Act. 7 (2) The chief executive must pay the amounts into the ACAT trust 8 account. 9 163 Determination and payment of amounts for compensation 10 fund 11 (1) As soon as practicable after the beginning of a financial year, the 12 Minister must determine an amount for the compensation fund, if 13 the Minister considers it necessary to increase the amount in the 14 compensation fund to meet the likely claims against the fund during 15 the financial year. 16 (2) A determination is a notifiable instrument. 17 Note A notifiable instrument must be notified under the Legislation Act. 18 (3) If the amount paid into the ACAT trust account under this Act and 19 available when the Minister makes the determination is at least the 20 determined amount, the amount must be paid from the trust account 21 into the compensation fund. 22 (4) If the amount paid into the ACAT trust account under this Act and 23 available when the Minister makes the determination is less than the 24 determined amount, the whole amount must be paid into the 25 compensation fund. page 16 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Agents Regulation 2003 Part 1.5 Amendment [1.18] 1 Part 1.5 Agents Regulation 2003 2 [1.18] Section 16 3 omit 4 Part 1.6 Animal Diseases Act 2005 5 [1.19] Part 7 6 substitute 7 Part 7 Notification and review of 8 decisions 9 85 Meaning of reviewable decision--pt 7 10 In this part: 11 reviewable decision means a decision prescribed by regulation. 12 86 Reviewable decision notices 13 If a person makes a reviewable decision, the person must give a 14 reviewable decision notice to each entity prescribed by regulation in 15 relation to the decision. 16 Note 1 The person must also take reasonable steps to give a reviewable 17 decision notice to any other person whose interests are affected by the 18 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 19 Note 2 The requirements for reviewable decision notices are prescribed under 20 the ACT Civil and Administrative Tribunal Act 2008. ACT Civil and Administrative Tribunal Legislation page 17 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.7 Animal Diseases Regulation 2006 Amendment [1.20] 1 86A Applications for review 2 The following may apply to the ACAT for review of a reviewable 3 decision: 4 (a) an entity prescribed by regulation in relation to the decision; 5 (b) any other person whose interests are affected by the decision. 6 Note If a form is approved under the ACT Civil and Administrative Tribunal 7 Act 2008 for the application, the form must be used. 8 [1.20] Dictionary, note 2, new dot points 9 insert 10 · ACAT 11 · reviewable decision notice 12 [1.21] Dictionary, new definition of reviewable decision 13 insert 14 reviewable decision, for part 7 (Notification and review of 15 decisions)--see section 85. 16 Part 1.7 Animal Diseases Regulation 2006 17 [1.22] Sections 38 and 39 18 substitute 19 38 Reviewable decisions--Act, s 85, def reviewable decision 20 A decision mentioned in schedule 1, column 3, under a provision 21 mentioned in column 2 in relation to the decision is prescribed. 22 39 Right of review and notice--Act, s 86 and 86A (a) 23 An entity mentioned in schedule 1, column 4 is prescribed. page 18 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Animal Diseases Regulation 2006 Part 1.7 Amendment [1.23] 1 [1.23] New schedule 1 2 insert 3 Schedule 1 Reviewable decisions 4 (see s 38 and s 39) column 1 column 2 column 3 column 4 item section decision entity 1 Act, 11 (2) refuse to issue certificate that applicant for premises are free of disease certificate 2 Act, 18 (1) give direction to prevent or control owner or spread of endemic disease person in charge of animal given direction 3 Act, 18 (3) give direction to keep animal at owner or stated premises for stated time person in charge of animal given direction 4 Act, 23 (4) refuse to give consent to alteration entity that etc of quarantine notice seeks consent 5 Act, 24 (2) refuse to give approval for animal to entity that enter or leave quarantine area seeks approval 6 Act, 32 (2) refuse to give approval to thing that entity that communicates disease or disease seeks approval agent ACT Civil and Administrative Tribunal Legislation page 19 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.7 Animal Diseases Regulation 2006 Amendment [1.23] column 1 column 2 column 3 column 4 item section decision entity 7 Act, 33 (2) refuse to give approval to use-- entity that seeks approval (a) virus, vaccine or other biological product containing living organisms for treatment or prevention of exotic or endemic disease; or (b) biological product containing something derived from living organism for diagnosis of exotic or endemic disease 8 Act, 35 (3) refuse to give approval to-- entity that seeks approval (a) sell, move, abandon, hide or leave animal carcass, part of carcass near road, creek or waterhole; or (b) dispose of animal carcass or part of carcass 9 Act, 36 (2) refuse to give approval to damage, entity that interfere with or remove fence or seeks approval other structure securing animal 10 Act, 42 refuse to issue tag number applicant for tag number 11 Act, 50 cancel tag number entity that has tag number cancelled 12 Act, 60 (5) refuse to give approval to feed applicant for restricted feed material to ruminant approval for research purposes page 20 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Animal Welfare Act 1992 Part 1.8 Amendment [1.24] column 1 column 2 column 3 column 4 item section decision entity 13 7 refuse to approve tag applicant for approval 14 8 refuse to approve way of using tag applicant for approval 15 9 refuse to approve NLIS device applicant for approval 16 29 refuse to approve special purpose applicant for tag approval 17 36 refuse to approve property identifier applicant for code approval 1 Part 1.8 Animal Welfare Act 1992 2 [1.24] Sections 34 (5), 46 (5), 59A (5), 71 (5) and 73D (3), note 3 omit 4 Section 108 (Notice of reviewable decisions) 5 substitute 6 Section 107A 7 [1.25] Section 73G (1) (b) 8 omit 9 section 108 (Notice of reviewable decisions) 10 substitute 11 section 107A (Reviewable decision notices) ACT Civil and Administrative Tribunal Legislation page 21 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.8 Animal Welfare Act 1992 Amendment [1.26] 1 [1.26] Part 8 2 substitute 3 Part 8 Notification and review of 4 decisions 5 107 Meaning of reviewable decision--pt 8 6 In this part: 7 reviewable decision means a decision mentioned in schedule 1, 8 column 3 under a provision of this Act mentioned in column 2 in 9 relation to the decision. 10 107A Reviewable decision notices 11 If a person makes a reviewable decision, the person must give a 12 reviewable decision notice to each entity mentioned in schedule 1, 13 column 4 in relation to the decision. 14 Note 1 The person must also take reasonable steps to give a reviewable 15 decision notice to any other person whose interests are affected by the 16 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 17 Note 2 The requirements for reviewable decision notices are prescribed under 18 the ACT Civil and Administrative Tribunal Act 2008. 19 108 Applications for review 20 The following may apply to the ACAT for review of a reviewable 21 decision: 22 (a) an entity mentioned in schedule 1, column 4 in relation to the 23 decision; 24 (b) any other person whose interests are affected by the decision. 25 Note If a form is approved under the ACT Civil and Administrative Tribunal 26 Act 2008 for the application, the form must be used. page 22 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Animal Welfare Act 1992 Part 1.8 Amendment [1.27] 1 [1.27] Schedule 1 2 substitute 3 Schedule 1 Reviewable decisions 4 (see pt 8) column 1 column 2 column 3 column 4 item section decision entity 1 27 (1) (a) grant or renew licence for period applicant for and 30 less than 3 years licence or renewal 2 27 (1) (b) refuse to grant or renew licence applicant for licence or renewal 3 28 (b) put condition on licence licensee 4 34 (1) amend licence licensee 5 34 (1) amend licence in way other than the applicant for way applied for amendment 6 34 (1) refuse to amend licence applicant for amendment 7 38 (1) (a) grant or renew authorisation for applicant for and 41 period less than 3 years authorisation or renewal 8 38 (1) (b) refuse to grant or renew applicant for authorisation authorisation or renewal ACT Civil and Administrative Tribunal Legislation page 23 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.8 Animal Welfare Act 1992 Amendment [1.27] column 1 column 2 column 3 column 4 item section decision entity 9 39 (b) put condition on authorisation entity that holds authorisation 10 46 (1) amend authorisation entity that holds authorisation 11 46 (1) amend authorisation in way other applicant for than way applied for amendment 12 46 (1) refuse to amend authorisation applicant for amendment 13 49B (3) end application of s 49B (1) to interstate researcher researcher 14 55 (1) (b) refuse to grant or renew circus or applicant for travelling zoo permit permit or renewal 15 56 (b) put condition on circus or travelling permit holder zoo permit 16 59A (1) amend circus or travelling zoo permit holder permit 17 59A (1) amend circus or travelling zoo applicant for permit in way other than way amendment applied for 18 59A (1) refuse to amend circus or travelling applicant for zoo permit amendment 19 64 (1) (a) grant or renew trapping permit for applicant for and 67 period less than 3 years permit or renewal page 24 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Animal Welfare Act 1992 Part 1.8 Amendment [1.28] column 1 column 2 column 3 column 4 item section decision entity 20 64 (1) (b) refuse to grant or renew trapping applicant for permit permit or renewal 21 65 (b) put condition on trapping permit permit holder 22 71 (1) amend trapping permit permit holder 23 71 (1) amend trapping permit in way other applicant for than way applied for amendment 24 71 (1) refuse to amend trapping permit applicant for amendment 25 73D take regulatory action approved person against whom action taken 26 73E suspend approval immediately approved person whose approval suspended 27 95 (2) (a) approve claim for compensation for claimant for particular amount compensation 28 95 (2) (b) refuse to approve claim for claimant for compensation compensation 1 [1.28] Dictionary, note 2, dot points 2 omit 3 · AAT ACT Civil and Administrative Tribunal Legislation page 25 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.9 Annual Leave Act 1973 Amendment [1.29] 1 [1.29] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.30] Dictionary, definition of reviewable decision 6 substitute 7 reviewable decision, for part 8 (Notification and review of 8 decisions)--see section 107. 9 Part 1.9 Annual Leave Act 1973 10 [1.31] Section 14G (4), new note 11 insert 12 Note The notice must be in the form of a reviewable decision notice (see ACT 13 Civil and Administrative Tribunal Act 2008, s 67A). 14 [1.32] Section 14H 15 substitute 16 14H Review by ACAT 17 (1) This section applies to a decision (the reviewable decision) 18 mentioned in table 14H, column 3, under a provision of this Act 19 mentioned in column 2 in relation to the decision. 20 (2) If a person makes a reviewable decision, the person must give a 21 reviewable decision notice to each entity mentioned in table 14H, 22 column 4 in relation to the decision. 23 Note 1 The person must also take reasonable steps to give a reviewable 24 decision notice to any other person whose interests are affected by the 25 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). page 26 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Annual Leave Act 1973 Part 1.9 Amendment [1.33] 1 Note 2 The requirements for reviewable decision notices are prescribed under 2 the ACT Civil and Administrative Tribunal Act 2008. 3 (3) The following may apply to the ACAT for review of a reviewable 4 decision: 5 (a) an entity mentioned in table 14H, column 4 in relation to the 6 decision; 7 (b) any other person whose interests are affected by the decision. 8 Note If a form is approved under the ACT Civil and Administrative 9 Tribunal Act 2008 for the application, the form must be used. 10 Table 14H Reviewable decisions column 1 column 2 column 3 column 4 item section decision entity 1 7 (2) further period employee within which annual leave must be taken 2 14G uphold, revoke or employer amend terms of requirement made of the employer 11 [1.33] Dictionary, note 2, new dot points 12 insert 13 · ACAT 14 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 27 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.10 Associations Incorporation Act 1991 Amendment [1.34] 1 Part 1.10 Associations Incorporation Act 2 1991 3 [1.34] Part 10 heading and sections 118 and 119 4 substitute 5 Part 10 Notification and review of 6 decisions 7 118 Meaning of reviewable decision--pt 10 8 In this part: 9 reviewable decision means a decision mentioned in 10 schedule 3, column 3 under a provision of this Act mentioned in 11 column 2 in relation to the decision. 12 119 Reviewable decision notices 13 If the registrar-general makes a reviewable decision, the 14 registrar-general must give a reviewable decision notice to each 15 entity mentioned in schedule 3, column 4 in relation to the decision. 16 Note 1 The registrar-general must also take reasonable steps to give a 17 reviewable decision notice to any other person whose interests are 18 affected by the decision (see ACT Civil and Administrative Tribunal 19 Act 2008, s 67A). 20 Note 2 The requirements for reviewable decision notices are prescribed under 21 the ACT Civil and Administrative Tribunal Act 2008. 22 119A Applications for review 23 The following may apply to the ACAT for review of a reviewable 24 decision: 25 (a) an entity mentioned in schedule 3, column 4 in relation to the 26 decision; page 28 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Associations Incorporation Act 1991 Part 1.10 Amendment [1.35] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 Part 11 Miscellaneous 5 [1.35] New schedule 3 6 insert 7 Schedule 3 Reviewable decisions 8 (see pt 10) column 1 column 2 column 3 column 4 item section decision entity 1 13 (1) refuse to receive or association lodging register document document submitted for lodgment 2 19 refuse application for applicant for incorporation of incorporation association or proposed association 3 27 refuse application for applicant for incorporation of incorporation amalgamating associations 4 39 (1) direct association to association given change name direction 5 83 (8) cancel incorporation association that has of association incorporation cancelled ACT Civil and Administrative Tribunal Legislation page 29 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.10 Associations Incorporation Act 1991 Amendment [1.36] column 1 column 2 column 3 column 4 item section decision entity 6 93 (3) cancel incorporation association that has of association incorporation cancelled 7 114 withhold approval to association that seeks invitation for approval investment in incorporated association 8 120 (1) refuse application for applicant for extension extension of time of time 9 120 (2) vary or revoke grant of association that has extension of time extension of time varied or revoked 1 [1.36] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.37] Dictionary, new definition of reviewable decision 6 insert 7 reviewable decision, for part 10 (Notification and review of 8 decisions)--see section 118. page 30 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Births, Deaths and Marriages Registration Act 1997 Part 1.11 Amendment [1.38] 1 Part 1.11 Births, Deaths and Marriages 2 Registration Act 1997 3 [1.38] Part 8 4 substitute 5 Part 8 Notification and review of 6 decisions 7 53 Meaning of reviewable decision--pt 8 8 In this part: 9 reviewable decision means a decision mentioned in 10 schedule 1, column 3 under a provision of this Act mentioned in 11 column 2 in relation to the decision. 12 54 Reviewable decision notices 13 If the registrar-general makes a reviewable decision, the 14 registrar-general must give a reviewable decision notice to each 15 person mentioned in schedule 1, column 4 in relation to the 16 decision. 17 Note 1 The registrar-general must also take reasonable steps to give a 18 reviewable decision notice to any other person whose interests are 19 affected by the decision (see ACT Civil and Administrative Tribunal 20 Act 2008, s 67A). 21 Note 2 The requirements for reviewable decision notices are prescribed under 22 the ACT Civil and Administrative Tribunal Act 2008. ACT Civil and Administrative Tribunal Legislation page 31 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.11 Births, Deaths and Marriages Registration Act 1997 Amendment [1.39] 1 55 Applications for review 2 The following may apply to the ACAT for review of a reviewable 3 decision: 4 (a) a person mentioned in schedule 1, column 4 in relation to the 5 decision; 6 (b) any other person whose interests are affected by the decision. 7 Note If a form is approved under the ACT Civil and Administrative Tribunal 8 Act 2008 for the application, the form must be used. 9 [1.39] New schedule 1 10 insert 11 Schedule 1 Reviewable decisions 12 (see pt 8) column 1 column 2 column 3 column 4 item section decision person 1 12 (a) assign name to child parent 2 20 (2) refuse to register change of applicant name 3 20 (5) refuse to register change of applicant name 4 26 (b) refuse to alter register to applicant record change of sex 5 68 refuse to refund or remit applicant payment of fee or part of fee page 32 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Board of Senior Secondary Studies Act 1997 Part 1.12 Amendment [1.40] 1 [1.40] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.41] Dictionary, new definition of reviewable decision 6 insert 7 reviewable decision, for part 8 (Notification and review of 8 decisions)--see section 53. 9 Part 1.12 Board of Senior Secondary 10 Studies Act 1997 11 [1.42] Sections 27E and 27F 12 substitute 13 Part 4A Notification and review of 14 decisions 15 27E Meaning of reviewable decision--pt 4A 16 In this part: 17 reviewable decision means a decision mentioned in 18 schedule 1, column 3 under a provision of this Act mentioned in 19 column 2 in relation to the decision. ACT Civil and Administrative Tribunal Legislation page 33 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.12 Board of Senior Secondary Studies Act 1997 Amendment [1.42] 1 27F Reviewable decision notices 2 If the board makes a reviewable decision, the board must give a 3 reviewable decision notice to each entity mentioned in schedule 1, 4 column 4 in relation to the decision. 5 Note 1 The board must also take reasonable steps to give a reviewable decision 6 notice to any other person whose interests are affected by the decision 7 (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 8 Note 2 The requirements for reviewable decision notices are prescribed under 9 the ACT Civil and Administrative Tribunal Act 2008. 10 27G Applications for review 11 The following may apply to the ACAT for review of a reviewable 12 decision: 13 (a) an entity mentioned in schedule 1, column 4 in relation to the 14 decision; 15 (b) any other person whose interests are affected by the decision. 16 Note If a form is approved under the ACT Civil and Administrative Tribunal 17 Act 2008 for the application, the form must be used. page 34 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Board of Senior Secondary Studies Act 1997 Part 1.12 Amendment [1.43] 1 [1.43] New schedule 1 2 insert 3 Schedule 1 Reviewable decisions 4 (see pt 4A) column 1 column 2 column 3 column 4 item section decision entity 1 27A refuse to approve applicant application for approval as specialist education provider 2 27C suspend approval of specialist education specialist education provider provider 3 27D cancel approval of specialist education specialist education provider provider 5 [1.44] Dictionary, note 2, new dot points 6 insert 7 · ACAT 8 · reviewable decision notice 9 [1.45] Dictionary, new definition of reviewable decision 10 insert 11 reviewable decision, for part 4A (Notification and review of 12 decisions--see section 27E. ACT Civil and Administrative Tribunal Legislation page 35 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.13 Boxing Control Act 1993 Amendment [1.46] 1 Part 1.13 Boxing Control Act 1993 2 [1.46] Part 4 3 substitute 4 Part 4 Notification and review of 5 decisions 6 18 Meaning of reviewable decision--pt 4 7 In this part: 8 reviewable decision means a decision mentioned in 9 schedule 1, column 3 under a provision of this Act mentioned in 10 column 2 in relation to the decision. 11 18A Reviewable decision notices 12 If the Minister makes a reviewable decision, the Minister must give 13 a reviewable decision notice only to each entity mentioned in 14 schedule 1, column 4 in relation to the decision. 15 Note The requirements for reviewable decision notices are prescribed under 16 the ACT Civil and Administrative Tribunal Act 2008. 17 19 Applications for review 18 An entity mentioned in schedule 1, column 4 in relation to a 19 reviewable decision may apply to the ACAT for review of the 20 decision. 21 Note If a form is approved under the ACT Civil and Administrative Tribunal 22 Act 2008 for the application, the form must be used. page 36 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Boxing Control Act 1993 Part 1.13 Amendment [1.47] 1 [1.47] New schedule 1 2 insert 3 Schedule 1 Reviewable decisions 4 (see pt 4) column 1 column 2 column 3 column 4 item section decision entity 1 8 (1) (b) approve application subject applicant to condition 2 8 (1) (c) refuse to approve applicant application 3 9 cancel approval to conduct person to whom boxing contest approval given 4 13 refuse to approve body body 5 14 (4) (b) approve application subject applicant to condition 6 14 (4) (c) refuse to approve applicant application 5 [1.48] Dictionary, note 2, dot points 6 omit 7 · administrative appeals tribunal 8 substitute 9 · ACAT 10 [1.49] Dictionary, note 2, new dot point 11 insert 12 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 37 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.14 Building Act 2004 Amendment [1.50] 1 [1.50] Dictionary, new definition of reviewable decision 2 insert 3 reviewable decision, for part 4 (Notification and review of 4 decisions)--see section 18. 5 Part 1.14 Building Act 2004 6 [1.51] Section 146 7 omit 8 Part 1.15 Canberra Institute of Technology 9 Act 1987 10 [1.52] Part 9 11 substitute 12 Part 9 Notification and review of 13 decisions 14 61 Meaning of reviewable decision--pt 9 15 In this part: 16 reviewable decision means a decision mentioned in table 61, 17 column 3, under a provision of this Act mentioned in column 2 in 18 relation to the decision. page 38 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Canberra Institute of Technology Act 1987 Part 1.15 Amendment [1.52] 1 Table 61 Reviewable decisions column 1 column 2 column 3 column 4 item section decision entity 1 19 (c) refuse to admit person person refused to course of study or admission instruction of institute or examination the institute 2 19 (d) refuse to confer award person refused award (other than honorary award) on person 2 62 Reviewable decision notices 3 If the director makes a reviewable decision, the director must give a 4 reviewable decision notice to each entity mentioned in table 61, 5 column 4 in relation to the decision. 6 Note 1 The director must also take reasonable steps to give a reviewable 7 decision notice to any other person whose interests are affected by the 8 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 9 Note 2 The requirements for reviewable decision notices are prescribed under 10 the ACT Civil and Administrative Tribunal Act 2008. 11 63 Applications for review 12 The following may apply to the ACAT for review of a reviewable 13 decision: 14 (a) an entity mentioned in table 61, column 4 in relation to the 15 decision; 16 (b) any other person whose interests are affected by the decision. 17 Note If a form is approved under the ACT Civil and Administrative Tribunal 18 Act 2008 for the application, the form must be used. ACT Civil and Administrative Tribunal Legislation page 39 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.16 Casino Control Act 2006 Amendment [1.53] 1 [1.53] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.54] Dictionary, definition of reviewable decision 6 substitute 7 reviewable decision, for part 9 (Notification and review of 8 decisions)--see section 61. 9 Part 1.16 Casino Control Act 2006 10 [1.55] Part 9 11 substitute 12 Part 9 Notification and review of 13 decisions 14 137 Meaning of reviewable decision--Act 15 In this Act: 16 reviewable decision means a decision mentioned in 17 schedule 1, column 3 under a provision of this Act mentioned in 18 column 2 in relation to the decision. page 40 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Casino Control Act 2006 Part 1.16 Amendment [1.56] 1 138 Reviewable decision notices 2 If a person makes a reviewable decision, the person must give a 3 reviewable decision notice to each entity mentioned in schedule 1, 4 column 4 in relation to the decision. 5 Note 1 The person must also take reasonable steps to give a reviewable 6 decision notice to any other person whose interests are affected by the 7 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 8 Note 2 The requirements for reviewable decision notices are prescribed under 9 the ACT Civil and Administrative Tribunal Act 2008. 10 139 Applications for review 11 The following people may apply to the ACAT for review of a 12 reviewable decision: 13 (a) an entity mentioned in schedule 1, column 4 in relation to the 14 decision; 15 (b) any other person whose interests are affected by the decision. 16 Note If a form is approved under the ACT Civil and Administrative Tribunal 17 Act 2008 for the application, the form must be used. 18 [1.56] Section 140 (1) 19 omit everything before paragraph (a), substitute 20 (1) If the commission makes a reviewable decision in relation to the 21 security of the casino or an authorised game, the commission 22 must-- ACT Civil and Administrative Tribunal Legislation page 41 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.16 Casino Control Act 2006 Amendment [1.57] 1 [1.57] New schedule 1 2 insert 3 Schedule 1 Reviewable decisions 4 (see pt 9) column 1 column 2 column 3 column 4 item section decision entity 1 13 (1) refuse to approve sale or applicant for other disposal of owner's approval interest in lease of casino, or part of interest 2 16 (1) refuse to approve owner of applicant for casino entering into approval proposed lease with proposed lessee 3 18 (1) refuse to approve applicant for amendment of casino amendment lease 4 21 (2) refuse to grant casino applicant for licence licence to person on ground that person not eligible person 5 22 put condition on casino licensee licence (other than when granting licence) 6 30 (1) refuse to transfer casino applicant for transfer licence 7 37 (3) take disciplinary action licensee against casino licensee page 42 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Casino Control Act 2006 Part 1.16 Amendment [1.57] column 1 column 2 column 3 column 4 item section decision entity 8 38 (1) suspend or cancel casino person whose licence licence is suspended or cancelled 9 44 (1) refuse to approve applicant for licence application for casino employee licence 10 44 (7) put condition on casino licensee employee licence 11 46 (3) refuse to replace casino applicant for employee licence replacement 12 47 (3) refuse to renew casino applicant for renewal employee licence 13 51 (1) amend condition of casino licensee employee licence on own initiative 14 51 (2) refuse to amend condition applicant for of casino employee amendment licence 15 52 (3) refuse to amend casino applicant for employee licence amendment 16 59 (3) take disciplinary action employee against casino employee 17 63 (1) give direction to casino licensee licensee 18 67 (1) (a) reject plans showing licensee changed or new layout 19 72 terminate supply contract each party to contract ACT Civil and Administrative Tribunal Legislation page 43 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.16 Casino Control Act 2006 Amendment [1.57] column 1 column 2 column 3 column 4 item section decision entity 20 76 (4) (a) reject proposed change to licensee control procedures 21 76 (4) (b), give casino licensee licensee (c) or (d) direction in relation to or (7) control procedures 22 83 (2) confirm, change or revoke person given exclusion notice exclusion notice or licensee 23 84 (1) exclude person from person given entering or remaining in exclusion notice or casino licensee 24 87 (2) refuse to revoke exclusion person given notice exclusion notice 25 91 (1) refuse to approve gaming applicant for equipment or chips approval 26 93 suspend or cancel licensee approval of gaming equipment or chips 27 94 (1) refuse to authorise person applicant for to possess or use gaming authorisation equipment outside casino 28 94 (6) refuse to authorise casino casino official or official to possess chips applicant for outside casino authorisation 29 95 (2) refuse to declare game to licensee be authorised game page 44 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Cemeteries and Crematoria Act 2003 Part 1.17 Amendment [1.58] column 1 column 2 column 3 column 4 item section decision entity 30 95 (4) include condition in licensee relation to playing of authorised game 31 96 refuse to approve rules for licensee authorised game 32 97 refuse to approve licensee amendment of approved rules for authorised game 33 131 (2) refuse to approve use of licensee banking account 1 [1.58] Dictionary, note 2, dot points 2 omit 3 · AAT 4 [1.59] Dictionary, note 2, new dot points 5 insert 6 · ACAT 7 · reviewable decision notice 8 [1.60] Dictionary, definition of reviewable decision 9 substitute 10 reviewable decision--see section 137. 11 Part 1.17 Cemeteries and Crematoria Act 12 2003 13 [1.61] Part 4 heading and sections 45 and 46 14 substitute ACT Civil and Administrative Tribunal Legislation page 45 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.17 Cemeteries and Crematoria Act 2003 Amendment [1.61] 1 Part 4 Notification and review of 2 decisions 3 45 Meaning of reviewable decision--pt 4 4 In this part: 5 reviewable decision means a decision mentioned in schedule 1, 6 column 3 under a provision of this Act mentioned in column 2 in 7 relation to the decision. 8 46 Reviewable decision notices 9 If a person makes a reviewable decision, the person must give a 10 reviewable decision notice to each entity mentioned in schedule 1, 11 column 4 in relation to the decision. 12 Note 1 The person must also take reasonable steps to give a reviewable 13 decision notice to any other person whose interests are affected by the 14 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 15 Note 2 The requirements for reviewable decision notices are prescribed under 16 the ACT Civil and Administrative Tribunal Act 2008. 17 46A Applications for review 18 The following may apply to the ACAT for review of a reviewable 19 decision: 20 (a) an entity mentioned in schedule 1, column 4 in relation to the 21 decision; 22 (b) any other person whose interests are affected by the decision. 23 Note If a form is approved under the ACT Civil and Administrative 24 Tribunal Act 2008 for the application, the form must be used. page 46 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Cemeteries and Crematoria Act 2003 Part 1.17 Amendment [1.62] 1 Part 5 Miscellaneous 2 [1.62] New schedule 1 3 insert 4 Schedule 1 Reviewable decisions 5 (see pt 4) column 1 column 2 column 3 column 4 item section decision entity 1 11 (1) (a) determination of operator of cemetery perpetual care trust or crematorium percentage 2 11 (1) (b) determination of operator of cemetery perpetual care trust or crematorium reserve percentage 3 17 issue improvement operator of cemetery notice requiring or crematorium operator to remedy consequences of contravention of Act 4 19 refuse to allow operator of cemetery additional time to or crematorium remedy consequences of contravention of Act 5 23 refuse to give applicant for permission to exhume permission human remains buried in cemetery ACT Civil and Administrative Tribunal Legislation page 47 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.18 Charitable Collections Act 2003 Amendment [1.63] column 1 column 2 column 3 column 4 item section decision entity 6 24 refuse to give applicant for permission to bury permission human remains other than at cemetery 1 [1.63] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.64] Dictionary, new definition of reviewable decision 6 insert 7 reviewable decision, for part 4 (Notification and review of 8 decisions)--see section 45. 9 Part 1.18 Charitable Collections Act 2003 10 [1.65] Section 36, except note 11 substitute 12 36 Notice and operation of decision to amend etc licence 13 (1) If the chief executive suspends or cancels a licence under 14 section 35 (5), the reviewable decision notice given to the licensee 15 must include a statement about the effect of section 38 (Action to be 16 taken by former licensee when licence suspended or cancelled). 17 Note The decision to suspend or cancel a licence is a reviewable decision (see 18 s 57), and the chief executive must give a reviewable decision notice to 19 the licensee (see s 58). 20 (2) The amendment, suspension or cancellation of a licence takes effect 21 on-- page 48 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Charitable Collections Act 2003 Part 1.18 Amendment [1.66] 1 (a) the 14th day after the day the reviewable decision notice about 2 the amendment, suspension or cancellation is given to the 3 licensee; or 4 (b) if the notice states a later date of effect--the stated date. 5 (3) If the chief executive amends a licence under section 35, the chief 6 executive must give the licensee an amended licence for the 7 remainder of the term of the licence amended. 8 [1.66] Part 7 9 substitute 10 Part 7 Notification and review of 11 decisions 12 57 Meaning of reviewable decision--pt 7 13 In this part: 14 reviewable decision means a decision mentioned in 15 schedule 1, column 3 under a provision of this Act mentioned in 16 column 2 in relation to the decision. 17 58 Reviewable decision notices 18 If the chief executive makes a reviewable decision, the chief 19 executive must give a reviewable decision notice to each entity 20 mentioned in schedule 1, column 4 in relation to the decision. 21 Note 1 The chief executive must also take reasonable steps to give a reviewable 22 decision notice to any other person whose interests are affected by the 23 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 24 Note 2 The requirements for reviewable decision notices are prescribed under 25 the ACT Civil and Administrative Tribunal Act 2008. ACT Civil and Administrative Tribunal Legislation page 49 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.18 Charitable Collections Act 2003 Amendment [1.67] 1 59 Applications for review 2 The following may apply to the ACAT for review of a reviewable 3 decision: 4 (a) an entity mentioned in schedule 1, column 4 in relation to the 5 decision; 6 (b) any other person whose interests are affected by the decision. 7 Note If a form is approved under the ACT Civil and Administrative Tribunal 8 Act 2008 for the application, the form must be used. 9 [1.67] Schedule 1 10 substitute 11 Schedule 1 Reviewable decisions 12 (see pt 7) column 1 column 2 column 3 column 4 item section decision entity 1 23 (1) refuse to issue applicant for licence licence 2 23 (1) and 24 issue licence subject applicant for licence to condition 3 23 (1) and 25 issue licence for applicant for licence less than period applied for 4 23 (1) and 27 (1) issue licence for applicant for licence collections other than collections applied for page 50 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Charitable Collections Act 2003 Part 1.18 Amendment [1.68] column 1 column 2 column 3 column 4 item section decision entity 5 34 (4) refuse to amend licensee licence in way applied for 6 35 (5) amend, suspend or · person whose cancel licence licence amended, suspended or cancelled · if person whose licence amended, suspended or cancelled is nominated person for unincorporated body--body's executive officer 7 37 (2) give direction licensee or, if person ceases to hold licence, the person 8 49 (4) (b) refuse to approve applicant for approval auditor 1 [1.68] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 51 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.19 Civil Partnerships Act 2008 Amendment [1.69] 1 Part 1.19 Civil Partnerships Act 2008 2 [1.69] Sections 16 and 17 3 substitute 4 16 Reviewable decision notices 5 If the registrar-general makes a decision under section 8 (1) (b), the 6 registrar-general must give a reviewable decision notice to each 7 person affected by the decision. 8 Note The requirements for reviewable decision notices are prescribed under 9 the ACT Civil and Administrative Tribunal Act 2008. 10 17 Application for review 11 A person whose interests are affected by a reviewable decision may 12 apply to the ACAT for review of the decision. 13 Note If a form is approved under the ACT Civil and Administrative Tribunal 14 Act 2008 for the application, the form must be used. 15 [1.70] Dictionary, note 2, new dot points 16 insert 17 · ACAT 18 · reviewable decision notice page 52 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Classification (Publications, Films and Computer Games) (Enforcement) Part 1.20 Act 1995 Amendment [1.71] 1 Part 1.20 Classification (Publications, 2 Films and Computer Games) 3 (Enforcement) Act 1995 4 [1.71] Division 6.3 5 omit 6 [1.72] Sections 58 and 59 7 substitute 8 Part 7A Notification and review of 9 decisions 10 58 Meaning of reviewable decision--pt 7A 11 In this part: 12 reviewable decision means a decision mentioned in schedule 1, 13 column 3 under a provision of this Act mentioned in column 2 in 14 relation to the decision. 15 59 Reviewable decision notices 16 If a person makes a reviewable decision, the person must give a 17 reviewable decision notice to each entity mentioned in schedule 1, 18 column 4 in relation to the decision. 19 Note 1 The person must also take reasonable steps to give a reviewable 20 decision notice to any other person whose interests are affected by the 21 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 22 Note 2 The requirements for reviewable decision notices are prescribed under 23 the ACT Civil and Administrative Tribunal Act 2008. ACT Civil and Administrative Tribunal Legislation page 53 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.20 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 Amendment [1.73] 1 60 Applications for review 2 The following may apply to the ACAT for review of a reviewable 3 decision: 4 (a) an entity mentioned in schedule 1, column 4 in relation to the 5 decision; 6 (b) any other person whose interests are affected by the decision. 7 Note If a form is approved under the ACT Civil and Administrative 8 Tribunal Act 2008 for the application, the form must be used. 9 [1.73] New schedule 1 10 insert 11 Schedule 1 Reviewable decisions 12 (see pt 7A) column 1 column 2 column 3 column 4 item section decision entity 1 54E (1) (b) refuse to grant licence applicant for licence 2 54E (2) grant licence subject to applicant for licence conditions 3 54K (1) vary condition of licensee licence 4 54N (1) cancel licence entity that has licence cancelled 5 54YB (1) refuse to approve applicant for extension of defined extension period in relation to seized film page 54 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Classification (Publications, Films and Computer Games) (Enforcement) Part 1.20 Act 1995 Amendment [1.73] column 1 column 2 column 3 column 4 item section decision entity 6 54YB (1) approve extension of applicant for defined period in extension relation to seized film for period less than that applied for 7 54ZB (1) destroy seized film entity that had film seized 8 55 refuse to exempt film, applicant for publication, computer exemption game or advertisement 9 55 state provisions of Act applicant for from which film, exemption publication, computer game or advertisement is exempt 10 55 state conditions subject applicant for to which exemption is exemption given 11 56 refuse to exempt applicant for organisation exemption 12 56 state provisions of Act applicant for from which exemption organisation is exempt 13 56 state conditions subject applicant for to which exemption is exemption given 14 57 (1) refuse to approve applicant for organisation approval ACT Civil and Administrative Tribunal Legislation page 55 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.21 Clinical Waste Act 1990 Amendment [1.74] column 1 column 2 column 3 column 4 item section decision entity 15 57 (2) refuse to approve applicant for organisation approval 16 57 (7) revoke approval entity that has approval revoked 1 [1.74] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.75] Dictionary, new definition of reviewable decision 6 insert 7 reviewable decision, for part 7A (Notification and review of 8 decisions)--see section 58. 9 Part 1.21 Clinical Waste Act 1990 10 [1.76] Section 27 11 substitute 12 Part 4A Notification and review of 13 decisions 14 27 Meaning of reviewable decision--pt 4A 15 In this part: 16 reviewable decision means a decision mentioned in schedule 1, 17 column 3 under a provision of this Act mentioned in column 2 in 18 relation to the decision. page 56 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Clinical Waste Act 1990 Part 1.21 Amendment [1.77] 1 27A Reviewable decision notices 2 If a person makes a reviewable decision, the person must give a 3 reviewable decision notice to each entity mentioned in schedule 1, 4 column 4 in relation to the decision. 5 Note 1 The person must also take reasonable steps to give a reviewable 6 decision notice to any other person whose interests are affected by the 7 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 8 Note 2 The requirements for reviewable decision notices are prescribed under 9 the ACT Civil and Administrative Tribunal Act 2008. 10 27B Application for review 11 The following may apply to the ACAT for review of a reviewable 12 decision: 13 (a) an entity mentioned in schedule 1, column 4 in relation to the 14 decision; 15 (b) any other person whose interests are affected by the decision. 16 Note If a form is approved under the ACT Civil and Administrative 17 Tribunal Act 2008 for the application, the form must be used. 18 [1.77] New schedule 1 19 insert 20 Schedule 1 Reviewable decisions 21 (see pt 4A) column 1 column 2 column 3 column 4 item section decision entity 1 20 (1) (a) grant licence subject to applicant for licence conditions 2 20 (1) (b) refuse to grant licence applicant for licence ACT Civil and Administrative Tribunal Legislation page 57 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.22 Common Boundaries Act 1981 Amendment [1.78] column 1 column 2 column 3 column 4 item section decision entity 3 22 (1) vary licence licensee 4 23 (2) (a) suspend licence entity that has licence suspended 5 23 (2) (b) cancel licence entity that has licence cancelled 6 25 (2) suspend licence entity that has licence suspended 1 [1.78] Dictionary, note 2, dot points 2 omit 3 · administrative appeals tribunal 4 substitute 5 · ACAT 6 [1.79] Dictionary, note 2, new dot point 7 insert 8 · reviewable decision notice 9 [1.80] Dictionary, new definition of reviewable decision 10 insert 11 reviewable decision, for part 4A (Notification and review of 12 decisions)--see section 27. 13 Part 1.22 Common Boundaries Act 1981 14 [1.81] Section 2, new definitions 15 insert 16 new fence determination means a determination of the ACAT under 17 section 10. page 58 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Common Boundaries Act 1981 Part 1.22 Amendment [1.82] 1 repair cost determination means a determination of the ACAT 2 under section 12. 3 repair determination means a determination of the ACAT under 4 section 11. 5 unleased land determination means a determination of the ACAT 6 under section 13. 7 [1.82] Sections 4 to 15 8 substitute 9 4 Application to ACAT--new fence determination 10 (1) This section applies if-- 11 (a) adjoining parcels of land are not separated by a fence; and 12 (b) the occupier of 1 of the parcels has asked the occupier of the 13 adjoining parcel to join in erecting a fence between the parcels; 14 and 15 (c) either-- 16 (i) the occupier of the adjoining parcel has refused to join in 17 erecting the fence; or 18 (ii) the occupiers of the parcels are unable to agree about a 19 matter relating to the construction of the fence. 20 (2) Either occupier may apply to the ACAT for a new fence 21 determination. 22 Note If a form is approved under the ACT Civil and Administrative Tribunal 23 Act 2008 for the application, the form must be used. ACT Civil and Administrative Tribunal Legislation page 59 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.22 Common Boundaries Act 1981 Amendment [1.82] 1 (3) However, an occupier must not apply to the ACAT unless-- 2 (a) the occupier has given the occupier of the adjoining parcel 3 (the other occupier) a notice asking the other occupier to 4 discuss erecting, and paying for, the fencing of the boundary 5 between the parcels; and 6 (b) 1 month has passed since the day the occupier gave the notice 7 to the other occupier. 8 Note If a form is approved under the ACT Civil and Administrative Tribunal 9 Act 2008 for the notice, the form must be used. 10 (4) For subsection (1), an occupier who does not join in erecting a fence 11 within 14 days after the day the occupier is asked to join is taken to 12 have refused to join in erecting the fence. 13 5 Application to ACAT--repair determination 14 (1) This section applies if-- 15 (a) adjoining parcels of land are separated by a fence; and 16 (b) the occupier of 1 of the parcels of land has asked the occupier 17 of the adjoining parcel to join in repairing or replacing the 18 fence; and 19 (c) either-- 20 (i) the occupier of the adjoining parcel has refused to join in 21 repairing or replacing the fence; or 22 (ii) the occupiers of the parcels of land are unable to agree 23 about a matter relating to the repair or replacement of the 24 fence. 25 (2) Either occupier may apply to the ACAT for a repair determination. 26 Note If a form is approved under the ACT Civil and Administrative Tribunal 27 Act 2008 for the application, the form must be used. page 60 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Common Boundaries Act 1981 Part 1.22 Amendment [1.82] 1 (3) However, the occupier of a parcel must not apply to the ACAT 2 unless-- 3 (a) the occupier has given the occupier of the adjoining parcel 4 (the other occupier) a notice asking the other occupier to 5 discuss the repair or replacement of the fence between the 6 parcels; and 7 (b) 1 month has passed since the day the occupier gave the notice 8 to the other occupier. 9 Note If a form is approved under the ACT Civil and Administrative Tribunal 10 Act 2008 for the notice, the form must be used. 11 (4) For subsection (1), an occupier who does not join in repairing or 12 replacing a fence within 14 days after the day the occupier is asked 13 to join is taken to have refused to join in repairing or replacing the 14 fence. 15 6 Application to ACAT--repair cost determination 16 (1) This section applies if-- 17 (a) a fence between adjoining parcels of land has been damaged or 18 destroyed; and 19 (b) the fence needs to be repaired or replaced without delay to 20 protect people living in premises on 1 of the parcels or to 21 prevent the escape of animals 22 (2) The occupier of either parcel may, without giving notice to the 23 occupier of the adjoining parcel, repair or replace the fence. 24 (3) The occupier who repairs or replaces a fence under subsection (2) 25 may apply to the ACAT for a repair cost determination. 26 Note If a form is approved under the ACT Civil and Administrative Tribunal 27 Act 2008 for the application, the form must be used. ACT Civil and Administrative Tribunal Legislation page 61 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.22 Common Boundaries Act 1981 Amendment [1.82] 1 (4) However, the occupier must not apply to the ACAT unless-- 2 (a) the occupier has given the occupier of the adjoining parcel 3 (the other occupier) a notice asking the other occupier to 4 discuss contributing to the cost of repairing or replacing the 5 fence; and 6 (b) 14 days has passed since the day the occupier gave the notice 7 to the other occupier. 8 Note If a form is approved under the ACT Civil and Administrative Tribunal 9 Act 2008 for the notice, the form must be used. 10 7 Application to ACAT--unleased land determination 11 (1) This section applies if-- 12 (a) the occupier of a parcel of land has begun erecting a fence 13 between the parcel and adjoining land that is not a parcel of 14 land for this division; and 15 (b) after the erecting began, the adjoining land becomes a parcel of 16 land for this division. 17 (3) The occupier may apply to the ACAT for an unleased land 18 determination. 19 Note If a form is approved under the ACT Civil and Administrative Tribunal 20 Act 2008, s 117 for this provision, the form must be used. 21 8 Parties to applications 22 The parties to an application are-- 23 (a) for a new fence determination--the applicant and the person to 24 whom the applicant gives a notice under section 4 (3) (a); and 25 (b) for a repair determination--the applicant and the occupier to 26 whom the applicant gives notice under section 5 (3) (a); and page 62 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Common Boundaries Act 1981 Part 1.22 Amendment [1.82] 1 (c) for a repair cost determination--the applicant and the person to 2 whom the applicant gives the notice under section 6 (4) (a); 3 and 4 (d) for an unleased land determination--the applicant and the 5 owner or occupier of the adjoining parcel of land. 6 9 Dealing with applications 7 (1) This section applies if the ACAT is considering an application for a 8 determination under this division. 9 (2) On receiving the application, the ACAT must-- 10 (a) decide that a conference may be held between the parties; or 11 (b) if satisfied that there is no reasonable possibility of the parties 12 settling the issues in dispute at a conference--decide to hold a 13 hearing on the application. 14 (3) If the ACAT decides that a conference may be held, the ACAT 15 must-- 16 (a) fix a day for the conference; and 17 (b) not later than 10 days before the day fixed for the conference-- 18 (i) serve a copy of the application on the respondent; and 19 (ii) serve notice of the conference on the parties. 20 Note For how documents may be served, see s 18. 21 (4) If the ACAT decides to hold a hearing, the ACAT must-- 22 (a) fix a day for the hearing; and 23 (b) not later than 10 days before the day fixed for the hearing-- 24 (i) serve a copy of the application on the respondent; and 25 (ii) serve notice of the hearing on the parties. ACT Civil and Administrative Tribunal Legislation page 63 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.22 Common Boundaries Act 1981 Amendment [1.82] 1 10 ACAT powers--new fence determination 2 (1) This section applies if the ACAT holds a hearing on an application 3 for a new fence determination. 4 (2) The ACAT may determine-- 5 (a) the nature of the fence that should be erected between the 6 parcels of land occupied by the parties; and 7 (b) the line where the fence should be erected; and 8 (c) the party who should be responsible for erecting the fence; and 9 (d) the amount that should be contributed by the other party to the 10 cost of erecting the fence; and 11 (e) how, and by when, the amount should be paid to the party 12 responsible for erecting the fence. 13 (3) If a party asks the ACAT to determine that a basic fence is to be 14 erected between the parcels of land to which the application relates, 15 the ACAT must not require the party to contribute more than ½ the 16 cost of erecting a basic fence between the parcels. 17 (4) Subsection (3) does not apply in relation to parcels of land if the 18 ACAT is satisfied that-- 19 (a) it is not practicable for a basic fence to be erected between the 20 parcels of land; or 21 (b) there are special circumstances that require a fence, other than 22 a basic fence, to be erected. 23 11 ACAT powers--repair determination 24 (1) This section applies if the ACAT holds a hearing on an application 25 for a repair determination. 26 (2) The ACAT must determine if the fence to which the application 27 relates is in need of repair or replacement. page 64 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Common Boundaries Act 1981 Part 1.22 Amendment [1.82] 1 (3) If the ACAT determines that the fence is in need of repair or 2 replacement, the ACAT may determine-- 3 (a) whether the party other than the applicant should be required to 4 contribute to the cost of the repair or replacement of the fence; 5 and 6 (b) the nature of the repair that is required or the nature of the 7 replacement fence that should be erected; and 8 (c) the party who should be responsible for the repair or 9 replacement; and 10 (d) the amount that should be contributed by the other party to the 11 cost of the repair or replacement; and 12 (e) how, and by when, the amount should be paid to the party 13 responsible for the repair or replacement. 14 (4) For the purpose of determining the amount that should be 15 contributed under subsection (3) (d), the ACAT must apply the 16 principle that the cost should be borne by the parties in equal 17 proportions unless there are circumstances that make it just that 18 1 party bears a greater proportion of the cost than the other party. 19 12 ACAT powers--repair cost determination 20 (1) This section applies if the ACAT holds a hearing on an application 21 for a repair cost determination. 22 (2) The ACAT must determine whether it is reasonable for the party 23 other than the applicant to be required to contribute to the cost of the 24 repair or replacement by the applicant. 25 (3) If the ACAT determines that it is reasonable for the party to be 26 required to contribute to the cost of the repair or replacement, the 27 ACAT must also determine-- 28 (a) the amount that should be contributed; and ACT Civil and Administrative Tribunal Legislation page 65 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.22 Common Boundaries Act 1981 Amendment [1.82] 1 (b) how, and by when, the amount should be paid to the applicant. 2 (4) For the purpose of determining the amount that should be 3 contributed under subsection (3) (a), the ACAT must apply the 4 principle that the cost should be borne by the parties in equal 5 proportions unless there are circumstances that make it just that 6 1 party bears a greater proportion of the cost than the other party. 7 13 ACAT powers--unleased land determination 8 (1) This section applies if the ACAT holds a hearing on an application 9 for an unleased land determination. 10 (2) The ACAT must determine whether it is reasonable for the party 11 other than the applicant to be required to contribute to the cost of the 12 applicant erecting the fence. 13 (3) If the ACAT determines that it is reasonable for the party to 14 contribute to the cost, the ACAT must also determine-- 15 (a) the amount that should be contributed; and 16 (b) how, and by when, the amount should be paid to the applicant. 17 (4) For subsection (3) (a), the amount must be-- 18 (a) if the adjoining land became a parcel of land for this division 19 less than 6 months after the applicant began erecting the 20 fence--the lesser of the following: 21 (i) 1/ 2 the cost of erecting the fence; 22 (ii) 1/2 of what it would have cost to erect a basic fence; and 23 (b) if the adjoining land became a parcel of land for this division 24 6 months or more after the applicant began erecting the 25 fence--a reasonable amount that is not more than the lesser of 26 the following: 27 (i) 1/2 the cost of erecting the fence; page 66 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Common Boundaries Act 1981 Part 1.22 Amendment [1.82] 1 (ii) 1/2 of what it would have cost to erect a basic fence. 2 14 Applications for variation of certain determinations 3 (1) A person who was a party to an application for a determination 4 under this division (other than under section 13) may apply to the 5 ACAT for a variation of the determination. 6 Note If a form is approved under the ACT Civil and Administrative Tribunal 7 Act 2008 for the application, the form must be used. 8 (2) The parties to the application are the applicant and the other party to 9 the application on which the determination was made. 10 15 Dealing with variations 11 (1) This section applies if the ACAT is considering an application for 12 the variation of a determination under section 14. 13 (2) On receiving the application, the ACAT must-- 14 (a) decide that a conference may be held between the parties; or 15 (b) if satisfied that there is no reasonable possibility of the parties 16 settling the issues in dispute at a conference--decide to hold a 17 hearing on the application. 18 (3) If the ACAT decides that a conference may be held, the ACAT 19 must-- 20 (a) fix a day for the conference; and 21 (b) not later than 10 days before the day fixed for the conference-- 22 (i) serve a copy of the application on the respondent; and 23 (ii) serve notice of the conference on the parties. 24 Note For how documents may be served, see s 18. 25 (4) If the ACAT decides to hold a hearing, the ACAT must-- 26 (a) fix a day for the hearing; and ACT Civil and Administrative Tribunal Legislation page 67 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.22 Common Boundaries Act 1981 Amendment [1.83] 1 (b) not later than 10 days before the day fixed for the hearing-- 2 (i) serve a copy of the application on the respondent; and 3 (ii) serve notice of the hearing on the parties. 4 (5) The ACAT must not vary the determination so that the 5 determination as varied could not have been made on the original 6 application. 7 [1.83] Section 19 (1) (a) 8 substitute 9 (a) a determination of the ACAT under this division; or 10 [1.84] Section 22 11 substitute 12 22 Directions about entry by people on land 13 (1) This section applies if the ACAT makes a determination under this 14 division in relation to erecting, repairing or replacing a fence. 15 (2) The ACAT may give the directions that it considers necessary in 16 relation to the entry of people on land to erect, repair or replace the 17 fence. 18 (3) However, the ACAT must not give directions under this section in 19 relation to the entry of people on land, other than land occupied 20 by-- 21 (a) a party to the application; or 22 (b) a sublessee, tenant, licensee or other person in possession from 23 a party to the application. page 68 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Common Boundaries Act 1981 Part 1.22 Amendment [1.85] 1 (4) If a person is given a direction under this section, the person may 2 enter on land to undertake work necessary to erect, repair or replace 3 the fence stated in the direction-- 4 (a) at any reasonable time; and 5 (b) in accordance with the direction. 6 [1.85] Section 26A 7 substitute 8 26A Damage by fire to dividing fence 9 (1) This section applies if-- 10 (a) the occupier of land (the clearing occupier) clears the land of 11 flammable materials for the space of 6m from a fence 12 (a dividing fence) dividing the land from the land of another 13 owner or occupier; and 14 (b) the other owner or occupier (the non-clearer) neglects or omits 15 to clear the owner or occupier's land; and 16 (c) damage from fire happens to the dividing fence because of the 17 neglect or omission. 18 (2) The non-clearer must, at the non-clearer's expense, arrange for the 19 dividing fence to be repaired or replaced within-- 20 (a) 1 month after the day it is damaged; or 21 (b) if the ACAT extends the time to repair or replace the fence-- 22 the extended time. 23 (3) If the non-clearer applies for an extension of time to repair or 24 replace the dividing fence, the non-clearer must give the clearing 25 occupier reasonable notice of the application. ACT Civil and Administrative Tribunal Legislation page 69 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.22 Common Boundaries Act 1981 Amendment [1.86] 1 (4) If the non-clearer refuses or omits to repair or replace the dividing 2 fence within the time required under subsection (2), the clearing 3 occupier may repair or replace the fence. 4 (5) An amount incurred by the clearing occupier repairing or replacing 5 the dividing fence is taken to be an amount owing to the clearing 6 occupier by the non-clearer. 7 [1.86] Dictionary, note 2, new dot point 8 insert 9 · ACAT 10 [1.87] Dictionary, note 2, dot points 11 omit 12 · Small Claims Court 13 [1.88] Dictionary, new definitions 14 insert 15 new fence determination, for division 2.1 (Fences requested by 16 occupiers)--see section 2. 17 repair cost determination, for division 2.1 (Fences requested by 18 occupiers)--see section 2. 19 repair determination, for division 2.1 (Fences requested by 20 occupiers)--see section 2. 21 unleased land determination, for division 2.1 (Fences requested by 22 occupiers)--see section 2. page 70 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Community Title Act 2001 Part 1.23 Amendment [1.89] 1 Part 1.23 Community Title Act 2001 2 [1.89] Division 13.1 3 substitute 4 Division 13.1 Notification and review of 5 decisions 6 93 Meaning of reviewable decision--div 13.1 7 In this division: 8 reviewable decision means a decision mentioned in 9 schedule 1, column 3 under a provision of this Act mentioned in 10 column 2 in relation to the decision. 11 94 Reviewable decision notices 12 If the planning and land authority makes a reviewable decision, the 13 authority must give a reviewable decision notice to each entity 14 mentioned in schedule 1, column 4 in relation to the decision. 15 Note 1 The planning and land authority must also take reasonable steps to give 16 a reviewable decision notice to any other person whose interests are 17 affected by the decision (see ACT Civil and Administrative Tribunal 18 Act 2008, s 67A). 19 Note 2 The requirements for reviewable decision notices are prescribed under 20 the ACT Civil and Administrative Tribunal Act 2008. 21 94A Applications for review 22 The following may apply to the ACAT for review of a reviewable 23 decision: 24 (a) an entity mentioned in schedule 1, column 4 in relation to the 25 decision; ACT Civil and Administrative Tribunal Legislation page 71 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.23 Community Title Act 2001 Amendment [1.90] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 [1.90] New schedule 1 5 insert 6 Schedule 1 Reviewable decisions 7 (see div 13.1) column 1 column 2 column 3 column 4 item section decision entity 1 9 require changes to applicant for approval proposed community title scheme 2 10 refuse to approve applicant for approval community title scheme 3 11 amend management applicant for approval statement 4 12 (b) state provisions under applicant for approval which leases of common property to be held 5 13 (2) require developer to developer give bond 6 13 (2) fix amount of bond developer page 72 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Community Title Act 2001 Part 1.23 Amendment [1.91] column 1 column 2 column 3 column 4 item section decision entity 7 23 (2) authorise amendment applicant for of community title authorisation scheme subject to conditions 8 23 (2) refuse to authorise applicant for amendment of authorisation community title scheme 9 81 (1) (a) refuse to consent to body corporate of amalgamation of scheme or owner of lot community title in scheme schemes 1 [1.91] Dictionary, note 2, dot points 2 omit 3 · administrative appeals tribunal 4 substitute 5 · ACAT 6 [1.92] Dictionary, note 2, new dot point 7 insert 8 · reviewable decision notice 9 [1.93] Dictionary, new definition of reviewable decision 10 insert 11 reviewable decision, for division 13.1 (Notification and review of 12 decisions)--see section 93. ACT Civil and Administrative Tribunal Legislation page 73 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.24 Consumer Credit (Administration) Act 1996 Amendment [1.94] 1 Part 1.24 Consumer Credit 2 (Administration) Act 1996 3 [1.94] New section 125A 4 insert 5 125A Payment into ACAT trust account 6 Despite section 125, the chief executive may arrange for-- 7 (a) the payment of an amount mentioned in section 125 to the 8 ACAT trust account; or 9 (b) the transfer of amounts from the financial counselling fund to 10 the ACAT trust account. 11 Note The ACT Civil and Administrative Tribunal Act 2008, s 115C sets out 12 how amounts paid into the ACAT trust account may be used. 13 [1.95] Dictionary, new definition of ACAT trust account 14 insert 15 ACAT trust account--see the ACT Civil and Administrative 16 Tribunal Act 2008, dictionary. page 74 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Cooperatives Act 2002 Part 1.25 Amendment [1.96] 1 Part 1.25 Cooperatives Act 2002 2 [1.96] Part 18 3 substitute 4 Part 18 Notification and review of 5 decisions 6 456 Meaning of reviewable decision--pt 18 7 In this part: 8 reviewable decision means a decision mentioned in schedule 5, 9 column 3 under a provision of this Act mentioned in column 2 in 10 relation to the decision. 11 457 Reviewable decision notices 12 If the registrar makes a reviewable decision, the registrar must give 13 a reviewable decision notice to each entity mentioned in schedule 5, 14 column 4 in relation to the decision. 15 Note 1 The registrar must also take reasonable steps to give a reviewable 16 decision notice to any other person whose interests are affected by the 17 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 18 Note 2 The requirements for reviewable decision notices are prescribed under 19 the ACT Civil and Administrative Tribunal Act 2008. 20 458 Applications for review 21 The following may apply to the ACAT for review of a reviewable 22 decision: 23 (a) an entity mentioned in schedule 5, column 4 in relation to the 24 decision; ACT Civil and Administrative Tribunal Legislation page 75 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.25 Cooperatives Act 2002 Amendment [1.97] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 [1.97] New schedule 5 5 insert 6 Schedule 5 Reviewable decisions 7 (see pt 18) column 1 column 2 column 3 column 4 item section decision entity 1 20 (5) (b) amend draft disclosure proposed statement or require stated cooperative that amendment of draft disclosure submits statement statement 2 20 (5) (c) approve draft disclosure proposed statement different from draft cooperative that disclosure statement submitted submits statement to registrar 3 20 (5) (d) refuse to approve draft proposed disclosure statement cooperative that submits statement 4 21 (3) (b) approve different draft rules proposed for proposed cooperative to cooperative that those submitted to registrar submits draft rules 5 21 (3) (c) refuse to approve draft rules proposed for proposed cooperative cooperative that submits draft rules page 76 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Cooperatives Act 2002 Part 1.25 Amendment [1.98] column 1 column 2 column 3 column 4 item section decision entity 6 23 (3) (a) refuse to register proposed proposed cooperative and its rules cooperative that applies for registration 7 28 (3) refuse to register existing existing cooperative corporation and its rules that applies for registration 8 109 (3) (b) approve different alteration to cooperative that proposed alteration of rules of submits proposed cooperative submitted to alteration registrar 9 109 (3) (c) refuse to approve proposed cooperative that alteration of rules of submits proposed cooperative alteration 10 112 (3) refuse to register alteration or cooperative that proposed alteration of rules of applies for cooperative registration of alteration 11 256 (6) refuse to approve change of cooperative that name of cooperative changes its name 12 256 (7) order cooperative to change its cooperative given name order 1 [1.98] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 77 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.26 Crimes (Child Sex Offenders) Act 2005 Amendment [1.99] 1 [1.99] Dictionary, definition of alteration 2 omit 3 [1.100] Dictionary, definition of reviewable decision 4 substitute 5 reviewable decision, for part 18 (Notification and review of 6 decisions)--see section 456. 7 Part 1.26 Crimes (Child Sex Offenders) 8 Act 2005 9 [1.101] Section 112 (4) 10 substitute 11 (4) After deciding the application, the chief police officer must give an 12 internal review notice to the registrable offender. 13 Note 1 The requirements for internal review notices are prescribed under the 14 ACT Civil and Administrative Tribunal Act 2008. 15 Note 2 Internal review notice--see the ACT Civil and Administrative Tribunal 16 Act 2008, section 67B (1). 17 [1.102] Sections 113 and 114 18 substitute 19 113 Chief police officer must tell offender about ACAT review 20 (1) If the chief police officer confirms an unprotected registrable 21 offender declaration under section 112 (2), the chief police officer 22 must give the offender a reviewable decision notice in relation to the 23 decision. 24 Note The requirements for reviewable decision notices are prescribed under 25 the ACT Civil and Administrative Tribunal Act 2008. page 78 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Crimes (Child Sex Offenders) Act 2005 Part 1.26 Amendment [1.103] 1 (2) To remove any doubt, for the ACT Civil and Administrative 2 Tribunal Act 2008, section 67A (Reviewable decision notice), the 3 offender is taken to be the only person whose interests are affected 4 by the decision. 5 114 ACAT review of chief police officer's decision 6 A registrable offender may apply to the ACAT for review of a 7 decision under section 112 (2) by the chief police officer to confirm 8 an unprotected registrable offender declaration. 9 [1.103] Section 115 (2) (c) 10 substitute 11 (c) if the offender applies to the ACAT under section 114 for 12 review of the confirmation of an unprotected registrable 13 offender declaration--on the day the ACAT decides the 14 appeal. 15 [1.104] Dictionary, note 2, new dot points 16 insert 17 · ACAT 18 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 79 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.27 Dangerous Substances Act 2004 Amendment [1.105] 1 Part 1.27 Dangerous Substances Act 2004 2 [1.105] Chapter 9 3 substitute 4 Chapter 9 Notification and review of 5 decisions 6 186 Definitions--ch 9 7 In this chapter: 8 decision-maker means the Minister, chief executive or an inspector. 9 internally reviewable decision means a decision (other than a 10 decision made personally by the Minister or chief executive) 11 prescribed by regulation. 12 internal reviewer--see section 188. 13 internal review notice--see the ACT Civil and Administrative 14 Tribunal Act 2008, section 67B (1). 15 reviewable decision means-- 16 (a) an internal reviewer's decision in relation to an internally 17 reviewable decision; or 18 (b) a decision-maker's decision (other than an internally 19 reviewable decision) prescribed by regulation. page 80 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Dangerous Substances Act 2004 Part 1.27 Amendment [1.105] 1 186A Internal review notices 2 If a decision-maker makes an internally reviewable decision, the 3 decision-maker must give an internal review notice to each entity 4 prescribed by regulation in relation to the decision. 5 Note 1 The decision-maker must also take reasonable steps to give an internal 6 review notice to any other person whose interests are affected by the 7 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67B). 8 Note 2 The requirements for internal review notices are prescribed under the 9 ACT Civil and Administrative Tribunal Act 2008. 10 187 Applications for internal review 11 (1) The following may apply to the chief executive for review of an 12 internally reviewable decision: 13 (a) an entity prescribed by regulation in relation to the decision; 14 (b) any other person whose interests are affected by the decision. 15 (2) The application must-- 16 (a) be in writing; and 17 (b) state the applicant's name and address; and 18 (c) set out the applicant's reasons for making the application. 19 Note If a form is approved under s 222 for the application, the form must be 20 used. 21 (3) The application must be given to the chief executive within-- 22 (a) 28 days after the day the applicant is given the internal review 23 notice for the decision; or 24 (b) any longer period allowed by the chief executive before or 25 after the end of the 28-day period. 26 Note Section 191 provides for ACAT review of reviewable decisions that are 27 not internally reviewable decisions. ACT Civil and Administrative Tribunal Legislation page 81 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.27 Dangerous Substances Act 2004 Amendment [1.105] 1 187A Applications not stay internally reviewable decisions 2 The making of an application for review of an internally reviewable 3 decision does not affect the operation of the decision. 4 188 Internal reviewer 5 The chief executive must arrange for a person (the internal 6 reviewer) who did not make the internally reviewable decision to 7 review the decision. 8 189 Review by internal reviewer 9 (1) The internal reviewer for an internally reviewable decision must 10 review the decision. 11 (2) The review must happen within 5 business days (the 5-day period) 12 after the day the chief executive receives the application for review 13 of the internally reviewable decision. 14 Note Business day--see the Legislation Act, dictionary, pt 1. 15 (3) The internal reviewer must-- 16 (a) confirm the decision; or 17 (b) vary the decision; or 18 (c) set aside the decision and substitute the reviewer's own 19 decision. 20 (4) If the decision is not varied or set aside within the 5-day period, the 21 decision is taken to have been confirmed by the internal reviewer. page 82 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Dangerous Substances Act 2004 Part 1.27 Amendment [1.106] 1 190 Reviewable decision notices 2 If an internal reviewer or decision-maker makes a reviewable 3 decision, the reviewer or decision-maker must give a reviewable 4 decision notice to each entity prescribed by regulation in relation to 5 the decision. 6 Note 1 The internal reviewer or decision-maker must also take reasonable steps 7 to give a reviewable decision notice to any other person whose interests 8 are affected by the decision (see ACT Civil and Administrative Tribunal 9 Act 2008, s 67A). 10 Note 2 The requirements for reviewable decision notices are prescribed under 11 the ACT Civil and Administrative Tribunal Act 2008. 12 191 Applications for review 13 The following may apply to the ACAT for review of a reviewable 14 decision: 15 (a) for an internal reviewer's decision in relation to an internally 16 reviewable decision--an entity to whom an internal review 17 notice is required to be given in relation to the decision; 18 (b) an entity prescribed by regulation in relation to the decision; 19 (c) any other person whose interests are affected by the decision. 20 Note If a form is approved under the ACT Civil and Administrative Tribunal 21 Act 2008 for the application, the form must be used. 22 [1.106] Dictionary, note 2, new dot points 23 insert 24 · ACAT 25 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 83 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.27 Dangerous Substances Act 2004 Amendment [1.107] 1 [1.107] Dictionary, definition of decision-maker 2 substitute 3 decision-maker, for chapter 9 (Notification and review of 4 decisions)--see section 186. 5 [1.108] Dictionary, definitions of internally reviewable decision 6 and internal reviewer 7 substitute 8 internally reviewable decision--see section 186. 9 internal reviewer, for chapter 9 (Notification and review of 10 decisions)--see section 188. 11 [1.109] Dictionary, new definitions 12 insert 13 internal review notice, for chapter 9 (Notification and review of 14 decisions)--see the ACT Civil and Administrative Tribunal 15 Act 2008, section 67B (1). 16 reviewable decision--see section 186. page 84 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Dangerous Substances (Explosives) Regulation 2004 Part 1.28 Amendment [1.110] 1 Part 1.28 Dangerous Substances 2 (Explosives) Regulation 2004 3 [1.110] Section 33 and note 4 substitute 5 33 Decision to refuse to authorise--ACAT review 6 (1) A decision of the chief executive to refuse a request for 7 authorisation is a reviewable decision for the Act, section 186, 8 definition of reviewable decision, paragraph (b). 9 Note The effect of this subsection is to make the decision reviewable by the 10 ACAT. See the Act, ch 9 for the relevant procedures. 11 (2) The person requesting authorisation is prescribed for the Act, 12 section 190 (Reviewable decision notices) and section 191 (b) 13 (Applications for review). 14 [1.111] Section 35 (3) and (4) and note 15 substitute 16 (3) A decision of the chief executive to revoke the authorisation of an 17 explosive is a reviewable decision for the Act, section 186, 18 definition of reviewable decision, paragraph (b). 19 Note The effect of this subsection is to make the decision reviewable by the 20 ACAT. See the Act, ch 9 for the relevant procedures. 21 (4) The person at whose request the explosive was authorised is 22 prescribed for the Act, section 190 (Reviewable decision notices) 23 and section 191 (b) (Applications for review). ACT Civil and Administrative Tribunal Legislation page 85 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.28 Dangerous Substances (Explosives) Regulation 2004 Amendment [1.112] 1 [1.112] Section 39 (3) and (4) and note 2 substitute 3 (3) A decision of the chief executive to refuse a request to register a 4 consumer firework for Queen's birthday supply is a reviewable 5 decision for the Act, section 186, definition of reviewable decision, 6 paragraph (b). 7 Note The effect of this subsection is to make the decision reviewable by the 8 ACAT. See the Act, ch 9 for the relevant procedures. 9 (4) The person requesting registration is prescribed for the Act, 10 section 190 (Reviewable decision notices) and section 191 (b) 11 (Applications for review). 12 [1.113] Section 154 (3) and (4) and note 13 substitute 14 (3) A decision of the chief executive to refuse a request for approval is a 15 reviewable decision for the Act, section 186, definition of 16 reviewable decision, paragraph (b). 17 Note The effect of this subsection is to make the decision reviewable by the 18 ACAT. See the Act, ch 9 for the relevant procedures. 19 (4) The person requesting approval is prescribed for the Act, 20 section 190 (Reviewable decision notices) and section 191 (b) 21 (Applications for review). 22 [1.114] Section 175 (2) and (3) and note 23 substitute 24 (2) A decision of the chief executive to refuse a request for approval is a 25 reviewable decision for the Act, section 186, definition of 26 reviewable decision, paragraph (b). 27 Note The effect of this subsection is to make the decision reviewable by the 28 ACAT. See the Act, ch 9 for the relevant procedures. page 86 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Dangerous Substances (Explosives) Regulation 2004 Part 1.28 Amendment [1.115] 1 (3) The person requesting approval is prescribed for the Act, 2 section 190 (Reviewable decision notices) and section 191 (b) 3 (Applications for review). 4 [1.115] Section 194 (2) and (3) and note 5 substitute 6 (2) A decision of the chief executive to refuse to issue a special 7 purchase authority is a reviewable decision for the Act, section 186, 8 definition of reviewable decision, paragraph (b). 9 Note The effect of this subsection is to make the decision reviewable by the 10 ACAT. See the Act, ch 9 for the relevant procedures. 11 (3) The applicant for the special authority is prescribed for the Act, 12 section 190 (Reviewable decision notices) and section 191 (b) 13 (Applications for review). ACT Civil and Administrative Tribunal Legislation page 87 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.29 Dangerous Substances (General) Regulation 2004 Amendment [1.116] 1 Part 1.29 Dangerous Substances (General) 2 Regulation 2004 3 [1.116] Chapter 5 4 substitute 5 Chapter 5 Notification and review of 6 decisions 7 500 Internally reviewable decisions--Act, s 186, def internally 8 reviewable decision 9 A decision mentioned in schedule 5, part 5.2, column 3 under a 10 provision mentioned in column 2 in relation to the decision is 11 prescribed. 12 501 Reviewable decisions--Act, s 186, def reviewable 13 decision 14 A decision mentioned in schedule 5, part 5.1 or part 5.3, column 3 15 under a provision mentioned in column 2 in relation to the decision 16 is prescribed. 17 502 Internally reviewable decisions--right of review and 18 notice--Act, s 186A and s 187 (1) (a) 19 A person mentioned in schedule 5, part 5.2, column 4 is prescribed. 20 503 Reviewable decisions--right of review and notice--Act, 21 s 190 and s 191 (1) (a) 22 A person mentioned in schedule 5, part 5.1 or part 5.3, column 4 is 23 prescribed. page 88 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Dangerous Substances (General) Regulation 2004 Part 1.29 Amendment [1.117] 1 [1.117] Schedule 5 heading 2 omit 3 (see s 500) 4 substitute 5 (see ch 5) 6 [1.118] Schedule 5, column 4 heading 7 omit 8 person to be notified of decision 9 substitute 10 person 11 [1.119] Dictionary, note 2, dot points 12 omit 13 · AAT 14 substitute 15 · ACAT 16 [1.120] Dictionary, note 2, new dot point 17 insert 18 · reviewable decision notice 19 [1.121] Dictionary, note 3, dot points 20 omit 21 · internally reviewable decision (see s 188 (1)) 22 substitute 23 · internally reviewable decision (see s 186) ACT Civil and Administrative Tribunal Legislation page 89 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.30 Domestic Animals Act 2000 Amendment [1.122] 1 Part 1.30 Domestic Animals Act 2000 2 [1.122] Section 67 (3) (d) 3 omit 4 section 119 5 substitute 6 section 120 7 [1.123] Part 8 8 substitute 9 Part 8 Notification and review of 10 decisions 11 118 Meaning of reviewable decision--pt 8 12 In this part: 13 reviewable decision means a decision prescribed by regulation. 14 119 Reviewable decision notices 15 If a person makes a reviewable decision, the person must give a 16 reviewable decision notice to each entity prescribed by regulation in 17 relation to the decision. 18 Note 1 The person must also take reasonable steps to give a reviewable 19 decision notice to any other person whose interests are affected by the 20 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 21 Note 2 The requirements for reviewable decision notices are prescribed under 22 the ACT Civil and Administrative Tribunal Act 2008. page 90 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Domestic Animals Regulation 2001 Part 1.31 Amendment [1.124] 1 120 Applications for review 2 The following may apply to the ACAT for review of a reviewable 3 decision: 4 (a) an entity prescribed by regulation in relation to the decision; 5 (b) any other person whose interests are affected by the decision. 6 Note If a form is approved under the ACT Civil and Administrative Tribunal 7 Act 2008 for the application, the form must be used. 8 [1.124] Dictionary, note 2, new dot points 9 insert 10 · ACAT 11 · reviewable decision notice 12 [1.125] Dictionary, new definition of reviewable decision 13 insert 14 reviewable decision, for part 8 (Notification and review of 15 decisions)--see section 118. 16 Part 1.31 Domestic Animals Regulation 17 2001 18 [1.126] Section 23 19 substitute 20 23 Reviewable decisions--Act, s 118, def reviewable 21 decision 22 A decision mentioned in schedule 1, column 3, under a provision 23 mentioned in column 2 in relation to the decision is prescribed. ACT Civil and Administrative Tribunal Legislation page 91 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.31 Domestic Animals Regulation 2001 Amendment [1.127] 1 23A Right of review and notice--Act, s 119 and 120 (a) 2 An entity mentioned in schedule 1, column 4 is prescribed. 3 [1.127] New schedule 1 4 insert 5 Schedule 1 Reviewable decisions 6 (see s 23 and s 23A) column 1 column 2 column 3 column 4 item section decision entity 1 Act, 7 (b) refuse to register dog applicant for registration 2 Act, 20 (1) refuse to issue applicant for licence (b) multiple dog licence 3 Act, 21 (1) issue multiple dog applicant for licence licence on conditions 4 Act, 22 (1) declare dog to be keeper of dog or (2) dangerous dog 5 Act, 25 (1) refuse to issue applicant for licence (b) dangerous dog licence 6 Act, 25 (2) issue dangerous dog applicant for licence licence on conditions 7 Act, 33 vary or refuse to vary licensee whose licence multiple dog licence varied or applicant for or dangerous dog variation licence page 92 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Domestic Animals Regulation 2001 Part 1.31 Amendment [1.127] column 1 column 2 column 3 column 4 item section decision entity 8 Act, 36 (1) cancel special licence entity whose licence cancelled 9 Act, 43 refuse to issue permit applicant for permit to take dog into prohibited area 10 Act, 43 issue permit to take applicant for permit dog into prohibited area on conditions 11 Act, 62 (2) refuse to release dog person claiming release (c) because premises of dog where dog will be kept are not secure enough to prevent dog escaping 12 Act, 63 (2) refuse to release dog person claiming release (c) because premises of dog where dog will be kept are secure not enough to prevent dog escaping 13 Act, 70 (4) impose conditions on keeper of dog return of dog 14 Act, 76 (1) refuse to issue permit applicant for permit to keep cat or dog that is not desexed 15 Act, 84C refuse to issue applicant for licence (1) (b) multiple cat licence ACT Civil and Administrative Tribunal Legislation page 93 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.31 Domestic Animals Regulation 2001 Amendment [1.127] column 1 column 2 column 3 column 4 item section decision entity 16 Act, 84D issue multiple cat applicant for licence (1) licence on conditions 17 Act, 92 (4) impose conditions on keeper of cat return of seized cat 18 Act, 112 issue nuisance notice keeper or animal or occupier of place 19 Act, 113 refuse to revoke person given notice nuisance notice 20 Act, 114 (1) seize animal keeper of animal 21 Act, 114 (4) refuse to return animal keeper of animal or (5) 22 13 refuse to authorise applicant for person as identifier of authorisation domestic animals 23 14 withdraw entity that has authorisation as authorisation revoked identifier of domestic animals 24 19 prohibit entity licensed operator operating domestic animals registry service page 94 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Duties Act 1999 Part 1.32 Amendment [1.128] 1 Part 1.32 Duties Act 1999 2 [1.128] Section 252 heading 3 substitute 4 252 Objections 5 [1.129] Section 252 (2) and (3) 6 substitute 7 252AA Review of decisions by ACAT 8 (1) This section applies to a determination by the commissioner of an 9 objection to a decision mentioned in section 252. 10 (2) The determination is prescribed for the Taxation Administration 11 Act, section 107A (Meaning of reviewable decision etc--div 10.2). 12 Note Applications for review by the ACAT may be made in relation to a 13 determination by the commissioner of a decision on an objection to an 14 assessment. 15 [1.130] Dictionary, note 2, new dot point 16 insert 17 · ACAT ACT Civil and Administrative Tribunal Legislation page 95 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.33 Education Act 2004 Amendment [1.131] 1 Part 1.33 Education Act 2004 2 [1.131] Part 6.1 3 substitute 4 Part 6.1 Notification and review of 5 decisions 6 140 Definitions--pt 6.1 7 In this part: 8 decision-maker means-- 9 (a) for an internally reviewable decision--a person mentioned in 10 schedule 1, column 5 in relation to the decision; or 11 (b) for a reviewable decision-- 12 (i) the internal reviewer in relation to the decision; or 13 (ii) if the decision is made personally by the Minister or chief 14 executive--a person mentioned in schedule 1, column 5 15 in relation to the decision. 16 internally reviewable decision means a decision (other than a 17 decision made personally by the Minister or chief executive) 18 mentioned in schedule 1, column 3 under a provision of this Act 19 mentioned in column 2 in relation to the decision. 20 internal reviewer--see section 144 (1). 21 internal review notice--see the ACT Civil and Administrative 22 Tribunal Act 2008, section 67B (1). 23 reviewable decision means-- 24 (a) a decision of an internal reviewer in relation to an internally 25 reviewable decision; or page 96 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Education Act 2004 Part 1.33 Amendment [1.131] 1 (b) if a decision is made personally by the Minister or chief 2 executive--a decision mentioned in schedule 1, column 3 3 under a provision of this Act mentioned in column 2 in relation 4 to the decision. 5 141 Internal review notices 6 If a decision-maker makes an internally reviewable decision, the 7 decision-maker must give an internal review notice to each entity 8 mentioned in schedule 1, column 4 in relation to the decision. 9 Note 1 The decision-maker must also take reasonable steps to give an internal 10 review notice to any other person whose interests are affected by the 11 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67B). 12 Note 2 The requirements for internal review notices are prescribed under the 13 ACT Civil and Administrative Tribunal Act 2008. 14 142 Applications for internal review 15 (1) The following may apply to the decision-maker for review of an 16 internally reviewable decision: 17 (a) an entity mentioned in schedule 1, column 4 in relation to the 18 decision; 19 (b) any other person whose interests are affected by the decision. 20 (2) The application must-- 21 (a) be in writing; and 22 (b) state the applicant's name and address; and 23 (c) set out the applicant's reasons for making the application. 24 Note If a form is approved under s 154 for the application, the form must be 25 used. ACT Civil and Administrative Tribunal Legislation page 97 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.33 Education Act 2004 Amendment [1.131] 1 (3) The application must be given to the decision-maker within-- 2 (a) 28 days after the day the applicant is given the internal review 3 statement; or 4 (b) a longer period allowed by the internal reviewer before or after 5 the end of the 28-day period. 6 143 Applications not stay reviewable decisions 7 Making an application for internal review of an internally 8 reviewable decision does not affect the operation of the decision. 9 144 Internal review 10 (1) If application is made for internal review of an internally reviewable 11 decision, the decision-maker must arrange for someone else 12 (the internal reviewer) to review the decision. 13 (2) The internal reviewer must, within 28 days after the decision-maker 14 receives the application for internal review-- 15 (a) confirm the decision; or 16 (b) vary the decision; or 17 (c) set aside the decision and substitute its own decision. 18 (3) If the decision is not varied or set aside within the 28-day period, the 19 decision is taken to have been confirmed by the internal reviewer. 20 145 Reviewable decision notices 21 If a decision-maker makes a reviewable decision, the 22 decision-maker must give a reviewable decision notice to-- 23 (a) for a decision in relation to an internally reviewable decision-- 24 each entity that is given an internal review notice; or page 98 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Education Act 2004 Part 1.33 Amendment [1.132] 1 (b) for a decision made personally by the Minister or chief 2 executive--each entity mentioned in schedule 1, column 4 in 3 relation to the decision. 4 Note 1 The decision-maker must also take reasonable steps to give a 5 reviewable decision notice to anyone whose interests are affected by the 6 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 7 Note 2 The requirements for reviewable decision notices are prescribed under 8 the ACT Civil and Administrative Tribunal Act 2008. 9 145A Applications to ACAT 10 The following may apply to the ACAT for review of a reviewable 11 decision: 12 (a) an entity mentioned in schedule 1, column 4; 13 (b) any other person whose interests are affected by the decision. 14 Note If a form is approved under the ACT Civil and Administrative Tribunal 15 Act 2008 for the application, the form must be used. 16 [1.132] Schedule 1 17 substitute 18 Schedule 1 Reviewable decisions 19 (see pt 6.1) column 1 column 2 column 3 column 4 column 5 item section decision entity decision-maker 1 14 refuse to issue parents of child chief executive exemption certificate 2 16 revoke exemption parents of child chief executive certificate ACT Civil and Administrative Tribunal Legislation page 99 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.33 Education Act 2004 Amendment [1.132] column 1 column 2 column 3 column 4 column 5 item section decision entity decision-maker 3 36 suspend, transfer parents of chief executive or exclude student student 4 84 (5) refuse to give in- applicant for Minister principle in-principle approval approval 5 86 (5) direct registrar to applicant for Minister refuse to provisional provisionally registration of register school non-government school 6 88 (3) direct registrar to applicant for Minister register registration of non-government school school for shorter period than applied for 7 88 (5) direct registrar to applicant for Minister refuse to register registration of non-government school school 8 88B (6) direct registrar to applicant for Minister refuse to register registration of non-government additional school at campus additional campus page 100 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Education Act 2004 Part 1.33 Amendment [1.132] column 1 column 2 column 3 column 4 column 5 item section decision entity decision-maker 9 90 (6) direct registrar to applicant of Minister refuse to register registration at non-government additional school at educational additional level educational level 10 95 (1) direct registrar to entity that has Minister cancel registration provisional cancelled registration or registration of non-government school 11 97 (3) direct registrar to applicant for Minister renew renewal of registration of registration non-government school for shorter period than period applied for 12 97 (5) direct registrar to applicant for Minister refuse to renew renewal of registration of registration non-government school 13 131 (3) refuse to register parents of child chief executive child for home education ACT Civil and Administrative Tribunal Legislation page 101 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.33 Education Act 2004 Amendment [1.132] column 1 column 2 column 3 column 4 column 5 item section decision entity decision-maker 14 131 (3) register child for parents of child chief executive home education for less than 2 years 15 135 (1) cancel parents of child chief executive registration of child for home education 16 137 (3) refuse to renew parents of child chief executive registration of child for home education 17 137 (3) renew parents of child chief executive registration of child for home education for shorter period than period applied for page 102 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Education Act 2004 Part 1.33 Amendment [1.133] 1 [1.133] Dictionary, note 2, dot points 2 omit 3 · administrative appeals tribunal 4 substitute 5 · ACAT 6 [1.134] Dictionary, note 2, new dot point 7 insert 8 · reviewable decision notice 9 [1.135] Dictionary, new definition of internally reviewable 10 decision 11 insert 12 internally reviewable decision, for part 6.1 (Notification and review 13 of decisions)--see section 140. 14 [1.136] Dictionary, definition of internal-reviewer 15 substitute 16 internal reviewer for part 6.1 (Notification and review of 17 decisions)--see section 140. 18 [1.137] Dictionary, new definition of internal review notice 19 insert 20 internal review notice, for part 6.1 (Notification and review of 21 decisions)--see section 140. 22 [1.138] Dictionary, definition of reviewable decision 23 substitute 24 reviewable decision, for part 6.1 (Notification and review of 25 decisions)--see section 140. ACT Civil and Administrative Tribunal Legislation page 103 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.34 Electoral Act 1992 Amendment [1.139] 1 Part 1.34 Electoral Act 1992 2 [1.139] Section 79 (2) and (3) 3 substitute 4 (2) The commissioner must suppress the particulars of the elector's 5 address from an extract from a roll from the defined date until-- 6 (a) if no application for review of the decision is made to the 7 electoral commission within 28 days after the day the elector is 8 given an internal review notice in relation to the decision--the 9 end of the 28-day period; or 10 (b) if on review the electoral commission affirms the decision, and 11 no application for review of the commission's decision is made 12 to the ACAT--the end of 28 days after the day the elector is 13 given an internal review notice; or 14 (c) if on review the ACAT affirms the decision of the electoral 15 commission, and no appeal from the ACAT's decision is made 16 to the Supreme Court is made--the end of 28 days after the 17 day the elector is given notice of the ACAT's decision; or 18 (d) if an appeal from the ACAT's decision is made to the Supreme 19 Court--a proceeding on the appeal is completed. 20 (3) Subsection (2) has effect subject to-- 21 (a) an order of the electoral commission under section 248 (Stay of 22 reviewable decision); and 23 (b) an order of the ACAT; and 24 (c) an order of the Supreme Court. page 104 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Electoral Act 1992 Part 1.34 Amendment [1.140] 1 [1.140] Section 237A (7) 2 substitute 3 (7) The person is taken not to have failed to comply with the notice if 4 the person makes application under section 247 (Applications for 5 internal review) for review of the decision and the application has 6 not been decided. 7 [1.141] Part 15 8 substitute 9 Part 15 Notification and review of 10 decisions 11 244 Definition for Act--pt 15 12 In this Act: 13 internal review notice--see the ACT Civil and Administrative 14 Tribunal Act 2008, section 67B (1). 15 245 Definitions--pt 15 16 In this part: 17 internally reviewable decision means a decision mentioned in 18 schedule 5, column 3 under a provision of this Act mentioned in 19 column 2 in relation to the decision; or 20 person includes a political party. 21 reviewable decision means a decision of the electoral commission in 22 relation to an internally reviewable decision. ACT Civil and Administrative Tribunal Legislation page 105 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.34 Electoral Act 1992 Amendment [1.141] 1 246 Internal review notices 2 If the commissioner makes an internally reviewable decision, the 3 commissioner must give an internal review notice to each entity 4 mentioned in schedule 5, column 4 in relation to the decision. 5 Note 1 The commissioner must also take reasonable steps to give an internal 6 review notice to any other person whose interests are affected by the 7 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67B). 8 Note 2 The requirements for internal review notices are prescribed under the 9 ACT Civil and Administrative Tribunal Act 2008. 10 247 Applications for internal review 11 (1) The following may apply to the electoral commission for review of 12 an internally reviewable decision: 13 (a) an entity mentioned in schedule 5, column 4 in relation to the 14 decision; 15 (b) any other person whose interests are affected by the decision. 16 (2) The application must-- 17 (a) be in writing; and 18 (b) state the applicant's name and address; and 19 (c) set out the applicant's reasons for making the application. 20 Note If a form is approved under s 340A for the application, the form must be 21 used. 22 (3) The application must be given to the electoral commission at the 23 commission's office-- 24 (a) within 28 days after-- 25 (i) for a decision to register a political party--the day of 26 notification under the Legislation Act of the notice under 27 section 92 (3) (Registration of political parties) of the 28 decision; or page 106 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Electoral Act 1992 Part 1.34 Amendment [1.141] 1 (ii) in any other case--the day the applicant is given the 2 internal review notice; or 3 (b) within any longer period allowed by the commission before or 4 after the end of the 28-day period. 5 248 Stay of reviewable decisions 6 (1) Before considering an application for review of an internally 7 reviewable decision, the electoral commission may, on application 8 by an entity affected by the decision or on its own initiative, make a 9 written order (the stay order) staying or otherwise affecting the 10 operation or implementation of the decision or a part of the decision 11 (2) In considering an application for a stay order, the electoral 12 commission must consider-- 13 (a) the interests of any other person affected by the decision; and 14 (b) the need to ensure, as far as practicable, that the review process 15 and the commission's decision on the review are effective. 16 249 Review by electoral commission 17 (1) This section applies if the electoral commission is considering an 18 application for review of an internally reviewable decision. 19 (2) The electoral commission must-- 20 (a) confirm the decision; or 21 (b) vary the decision; or 22 (c) set aside the decision and substitute its own decision. 23 (3) The commissioner must not-- 24 (a) be present during any deliberation of the electoral commission 25 in relation to the review of the internally reviewable decision; 26 or ACT Civil and Administrative Tribunal Legislation page 107 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.34 Electoral Act 1992 Amendment [1.141] 1 (b) take part in any decision of the electoral commission in relation 2 to the review of the internally reviewable decision. 3 (4) Subsection (3) does not apply to an internally reviewable decision 4 made by a delegate of the commissioner. 5 249A Reviewable decision notices 6 If the electoral commission makes a reviewable decision, the 7 commission must give a reviewable decision notice to each entity 8 that is given an internal review notice. 9 Note 1 The electoral commission must also take reasonable steps to give a 10 reviewable decision notice to anyone whose interests are affected by the 11 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 12 Note 2 The requirements for reviewable decision notices are prescribed under 13 the ACT Civil and Administrative Tribunal Act 2008. 14 249B Applications for review 15 The following may apply to the ACAT for review of a reviewable 16 decision: 17 (a) an entity that is given a reviewable decision notice; 18 (b) any other person whose interests are affected by the decision. 19 Note If a form is approved under the ACT Civil and Administrative Tribunal 20 Act 2008 for the application, the form must be used. page 108 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Electoral Act 1992 Part 1.34 Amendment [1.142] 1 [1.142] New schedule 5 2 insert 3 Schedule 5 Internally reviewable decisions 4 (see pt 15) column 1 column 2 column 3 column 4 item section decision entity 1 76 (5) (a) enrol person claimant 2 76 (5) (b) reject claim for claimant enrolment 3 77 (2) (b) refuse request to elector suppress particulars of elector's address from extract from roll 4 78 (2) include particulars of elector elector's address suppressed on extract from roll 5 81 (5) (b) reject objection to person who objects to enrolment of person enrolment 6 81 (8) (b) remove person's person whose name name from roll removed 7 90 (2) refuse to register applicant for registration political party 8 92 (1) register political person who objects to party registration ACT Civil and Administrative Tribunal Legislation page 109 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.34 Electoral Act 1992 Amendment [1.143] column 1 column 2 column 3 column 4 item section decision entity 9 93 (1) or (2) refuse to change applicant for change of registered particulars registered particulars applied for under section 95 (2) 10 98 (5) refuse to cancel registered party registration of political party 11 237A give investigations person to whom notice notice given 12 242 (4) refuse request to person who gave return make stated amendment of return 1 [1.143] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.144] Dictionary, new definitions 6 insert 7 internally reviewable decision, for part 15 (Notification and review 8 of decisions)--see section 245. 9 internal review notice--see section 244. 10 [1.145] Dictionary, definitions of person and reviewable decision 11 substitute 12 person, for part 15 (Notification and review of decisions)--see 13 section 245. page 110 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Electoral Act 1992 Part 1.34 Amendment [1.146] 1 reviewable decision, for part 15 (Notification and review of 2 decisions)--see section 245. 3 [1.146] Dictionary, definition of review statement 4 omit 5 [1.147] Further amendments, mentions of review statement 6 omit 7 review statement 8 substitute 9 internal review notice 10 in 11 · section 76 (6) (b) 12 · section 77 (5) (b) 13 · section 78 (3) 14 · section 81 (6) (b) 15 · section 81 (9) (b) (i) 16 · section 90 (3) 17 · section 92 (5) 18 · section 93 (3) (a) 19 · section 98 (12) 20 · section 237A (6) 21 · section 242 (5) ACT Civil and Administrative Tribunal Legislation page 111 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.35 Electricity (Greenhouse Gas Emissions) Act 2004 Amendment [1.148] 1 Part 1.35 Electricity (Greenhouse Gas 2 Emissions) Act 2004 3 [1.148] Section 35 (12) (a) 4 omit 5 administrative appeals tribunal 6 substitute 7 ACAT 8 [1.149] Part 9 9 substitute 10 Part 9 Notification and review of 11 decisions 12 58 Definitions--pt 9 13 In this part: 14 internally reviewable decision means a decision of the regulator that 15 is-- 16 (a) prescribed by regulation; and 17 (b) made by the ICRC constituted by 1 commissioner. 18 internal review notice--see the ACT Civil and Administrative 19 Tribunal Act 2008, section 67B (1). 20 reviewable decision means-- 21 (a) a decision prescribed by regulation made by-- 22 (i) the regulator (other than a decision made by the ICRC 23 constituted by 1 commissioner); or page 112 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Electricity (Greenhouse Gas Emissions) Act 2004 Part 1.35 Amendment [1.149] 1 (ii) the scheme administrator; or 2 (b) a decision of the ICRC in relation to an internally reviewable 3 decision. 4 59 Internal review notices 5 If the regulator makes an internally reviewable decision, the 6 regulator must give an internal review notice to each entity 7 prescribed by regulation in relation to the decision. 8 Note 1 The regulator must also take reasonable steps to give an internal review 9 notice to any other person whose interests are affected by the decision 10 (see ACT Civil and Administrative Tribunal Act 2008, s 67B). 11 Note 2 The requirements for internal review notices are prescribed under the 12 ACT Civil and Administrative Tribunal Act 2008. 13 60 Application for reconsideration 14 (1) The following may apply to the ICRC for the reconsideration of an 15 internally reviewable decision: 16 (a) an entity prescribed by regulation in relation to the decision; 17 (b) any other person whose interests are affected by the decision. 18 (2) The application must be made within 28 days after the day the 19 applicant is told about the decision. 20 (3) The application must be in writing and set out the grounds on which 21 reconsideration of the decision is sought. 22 Note If a form is approved under s 65 for the application, the form must be 23 used. 24 (4) The making of the application does not affect the operation of the 25 decision. ACT Civil and Administrative Tribunal Legislation page 113 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.35 Electricity (Greenhouse Gas Emissions) Act 2004 Amendment [1.149] 1 60A Reconsideration of decisions 2 (1) This section applies if the ICRC is considering an application for 3 reconsideration of an internally reviewable decision. 4 (2) The ICRC must be constituted by 1 or more commissioners other 5 than the original decision-maker. 6 (3) Within 28 days after the day the application is made, the ICRC must 7 review the decision and-- 8 (a) confirm the decision; or 9 (b) vary the decision; or 10 (c) set aside the decision and substitute its own decision. 11 (4) If the decision is not varied or set aside within 28 days, the decision 12 is taken to have been confirmed by the ICRC. 13 60B Reviewable decision notices 14 If a person makes a reviewable decision, the person must give a 15 reviewable decision notice to each entity prescribed by regulation in 16 relation to the decision. 17 Note 1 The person must also take reasonable steps to give a reviewable 18 decision notice to any other person whose interests are affected by the 19 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 20 Note 2 The requirements for reviewable decision notices are prescribed under 21 the ACT Civil and Administrative Tribunal Act 2008. 22 60C Application for ACAT 23 The following may apply to the ACAT for review of a reviewable 24 decision: 25 (a) an entity prescribed by regulation in relation to the decision; page 114 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Electricity (Greenhouse Gas Emissions) Regulation 2004 Part 1.36 Amendment [1.150] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 [1.150] Dictionary, note 2, new dot points 5 insert 6 · ACAT 7 · reviewable decision notice 8 [1.151] Dictionary, new definitions 9 insert 10 internally reviewable decision, for part 9 (Notification and review 11 of decisions)--see section 58. 12 internal review notice, for part 9 (Notification and review of 13 decisions)--see section 58. 14 reviewable decision, for part 9 (Notification and review of 15 decisions)--see section 58. 16 Part 1.36 Electricity (Greenhouse Gas 17 Emissions) Regulation 2004 18 [1.152] Section 50 19 substitute 20 50 Decisions--Act, s 58, def internally reviewable decision 21 and reviewable decision 22 A decision mentioned in schedule 1, column 3, under a provision 23 mentioned in column 2 in relation to the decision is prescribed. 24 51 Right of review and notice--Act, s 59, s 60B and s 60C (a) 25 An entity mentioned in schedule 1, column 4 is prescribed. ACT Civil and Administrative Tribunal Legislation page 115 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.36 Electricity (Greenhouse Gas Emissions) Regulation 2004 Amendment [1.153] 1 [1.153] New schedule 1 2 insert 3 Schedule 1 Reviewable decisions 4 (see div 3.8) column 1 column 2 column 3 column 4 column 5 item section decision entity decision- maker 1 Act, 13 determination of benchmark regulator greenhouse gas participant or benchmark for former participant or former benchmark participant for year participant 2 Act, 18 refuse to accept benchmark regulator (2) surrender of participant or abatement certificate former because surrender not benchmark required for participant compliance with participant's or former participant's greenhouse gas benchmark or to abate greenhouse shortfall 3 Act, 24 refuse accreditation accredited scheme (2) (b) of person as person or administrator abatement certificate applicant for provider accreditation page 116 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Electricity (Greenhouse Gas Emissions) Regulation 2004 Part 1.36 Amendment [1.153] column 1 column 2 column 3 column 4 column 5 item section decision entity decision- maker 4 Act, 25 suspend person's accredited scheme (2) accreditation as person or administrator abatement certificate applicant for provider accreditation 5 Act, 25 cancel person's accredited scheme (2) accreditation as person or administrator abatement certificate applicant for provider accreditation 6 Act, 26 impose or vary accredited scheme condition of abatement administrator accreditation of certificate accredited abatement provider certificate provider 7 Act, 33 refuse registration of accredited scheme (3) (b) creation of abatement person or administrator certificate applicant for accreditation 8 Act, 35 impose order person subject scheme (2) requiring person to to order administrator surrender abatement certificates to scheme administrator 9 Act, 40 refuse registration of applicant for scheme (3) (b) transfer of abatement registration administrator certificate ACT Civil and Administrative Tribunal Legislation page 117 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.36 Electricity (Greenhouse Gas Emissions) Regulation 2004 Amendment [1.153] column 1 column 2 column 3 column 4 column 5 item section decision entity decision- maker 10 14 refuse to count benchmark regulator renewable energy participant or certificate for former compliance with benchmark participant's or participant former participant's greenhouse benchmark or to abate greenhouse shortfall 11 16 or 17 assessment of amount benchmark regulator of greenhouse penalty participant or payable by the former participant for year benchmark participant 12 38 (4) make claim on or accredited scheme realise financial abatement administrator assurance provided certificate by accredited provider abatement certificate provider 13 any decision of benchmark regulator regulator prescribed participant or by regulation former benchmark participant page 118 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Electricity Safety Act 1971 Part 1.37 Amendment [1.154] column 1 column 2 column 3 column 4 column 5 item section decision entity decision- maker 14 any decision of accredited scheme scheme administrator abatement administrator prescribed by certificate regulation provider or applicant for accreditation 1 Part 1.37 Electricity Safety Act 1971 2 [1.154] Part 8 3 substitute 4 Part 8 Notification and review of 5 decisions 6 61 Meaning of reviewable decision--pt 8 7 In this part: 8 reviewable decision means a decision mentioned in 9 schedule 1, column 3 under a provision of this Act mentioned in 10 column 2 in relation to the decision. 11 62 Reviewable decision notices 12 If a person makes a reviewable decision, the person must give a 13 reviewable decision notice to each entity mentioned in schedule 1, 14 column 4 in relation to the decision. 15 Note 1 The person must also take reasonable steps to give a reviewable 16 decision notice to any other person whose interests are affected by the 17 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). ACT Civil and Administrative Tribunal Legislation page 119 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.37 Electricity Safety Act 1971 Amendment [1.155] 1 Note 2 The requirements for reviewable decision notices are prescribed under 2 the ACT Civil and Administrative Tribunal Act 2008. 3 62A Applications for review 4 The following may apply to the ACAT for review of a reviewable 5 decision: 6 (a) an entity mentioned in schedule 1, column 4 in relation to the 7 decision; 8 (b) any other person whose interests are affected by the decision. 9 Note If a form is approved under the ACT Civil and Administrative Tribunal 10 Act 2008 for the application, the form must be used. 11 [1.155] New schedule 1 12 insert 13 Schedule 1 Reviewable decisions 14 (see pt 8) column 1 column 2 column 3 column 4 item section decision entity 1 11A (1) declare article of entity that has interests electrical equipment is affected by declaration prescribed article of electrical equipment 2 11A (3) state safety standard entity that has interests that article of affected by safety electrical equipment standard must comply with page 120 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Electricity Safety Act 1971 Part 1.37 Amendment [1.155] column 1 column 2 column 3 column 4 item section decision entity 3 14 (3) refuse to register applicant for approval person as approved first seller 4 14 (4) cancel registration of entity that has approval approved first seller cancelled 5 16 (1) refuse to register entity that lodged declaration of declaration compliance 6 16 (3) determine period of entity that lodged registration of declaration declaration of compliance 7 17 (1) cancel or suspend entity that has registration of registration cancelled or declaration of suspended compliance 8 17 (3) refuse to reduce period entity that has of suspension or registration suspended cancel remainder of or cancelled suspension 9 20 (1) refuse to approve applicant for approval premises as testing laboratory 10 20 (2) cancel approval of entity that has approval premises as testing cancelled laboratory 11 22 (2) impose requirement on entity on which approved first seller requirement imposed ACT Civil and Administrative Tribunal Legislation page 121 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.38 Emergencies Act 2004 Amendment [1.156] column 1 column 2 column 3 column 4 item section decision entity 12 28 prohibit sale or entity that has interests installation of articles affected by prohibition of electrical equipment of stated class 1 [1.156] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.157] Dictionary, new definition of reviewable decision 6 insert 7 reviewable decision, for part 8 (Notification and review of 8 decisions)--see section 61. 9 Part 1.38 Emergencies Act 2004 10 [1.158] Chapter 9 11 substitute 12 Chapter 9 Notification and review of 13 decisions 14 185 Meaning of reviewable decision--ch 9 15 In this chapter: 16 reviewable decision means a decision mentioned in schedule 2, 17 column 3 under a provision of this Act mentioned in column 2 in 18 relation to the decision. page 122 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Emergencies Act 2004 Part 1.38 Amendment [1.159] 1 186 Reviewable decision notices 2 If a person makes a reviewable decision, the person must give a 3 reviewable decision notice to each entity mentioned in schedule 2, 4 column 4 in relation to the decision. 5 Note 1 The person must also take reasonable steps to give a reviewable 6 decision notice to any other person whose interests are affected by the 7 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 8 Note 2 The requirements for reviewable decision notices are prescribed under 9 the ACT Civil and Administrative Tribunal Act 2008. 10 187 Applications for review 11 The following may apply to the ACAT for review of a reviewable 12 decision: 13 (a) an entity mentioned in schedule 2, column 4 in relation to the 14 decision; 15 (b) any other person whose interests are affected by the decision. 16 Note If a form is approved under the ACT Civil and Administrative Tribunal 17 Act 2008 for the application, the form must be used. 18 [1.159] Schedule 2 19 substitute 20 Schedule 2 Reviewable decisions 21 (see ch 9) column 1 column 2 column 3 column 4 item section decision entity 1 62 (1) refuse to approve person applicant for approval as provider of services ACT Civil and Administrative Tribunal Legislation page 123 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.38 Emergencies Act 2004 Amendment [1.159] column 1 column 2 column 3 column 4 item section decision entity 2 62 (4) approve person as applicant for approval provider of services subject to condition 3 78 (3) refuse to approve draft owner or manager of bushfire operational plan land for area of land 4 78 (3) approve draft bushfire owner or manager of operational plan for area land of land with amendments 5 82 (1) direct owner of land to person who is given comply with bushfire direction management requirement or bushfire operational plan 6 86 (2) issue improvement occupier of premises to notice for premises which notice relates 7 86 (2) issue occupancy notice occupier of premises to for premises which notice relates 8 86 (2) issue closure notice for occupier of premises to premises which notice relates 9 87 (2) decide not to extend occupier of premises to period stated in which notice relates improvement notice 10 91 (4) decide not to revoke occupier of premises to notice for premises which notice relates page 124 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Emergencies Act 2004 Part 1.38 Amendment [1.160] column 1 column 2 column 3 column 4 item section decision entity 11 92 give direction for occupier of premises to provision or installation which direction relates of fire appliance 12 106 (1) give direction to take owner of premises to action which direction relates 13 109 give direction to comply entity that is given with section 120, direction bushfire management requirement or bushfire operational plan 14 118 (1) refuse to issue permit applicant for permit 15 118 (5) issue permit subject to applicant for permit condition 16 124 refuse to issue permit applicant for permit 17 124 issue permit subject to a applicant for permit condition 1 [1.160] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.161] Dictionary, definition of eligible person 6 omit 7 [1.162] Dictionary, definition of reviewable decision 8 substitute 9 reviewable decision, for chapter 9 (Notification and review of 10 decisions)--see section 185. ACT Civil and Administrative Tribunal Legislation page 125 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.39 Environment Protection Act 1997 Amendment [1.163] 1 Part 1.39 Environment Protection Act 1997 2 [1.163] Section 21 (5) (b) 3 substitute 4 (b) if an entity has applied to the ACAT for review of the 5 decision--until the application has been decided by the ACAT. 6 [1.164] Part 14 7 substitute 8 Part 14 Notification and review of 9 decisions 10 135 Meaning of reviewable decision--pt 14 11 In this part: 12 reviewable decision means a decision mentioned in schedule 3, 13 column 3 under a provision of this Act mentioned in column 2 in 14 relation to the decision. 15 136 Reviewable decision notices 16 If the authority makes a reviewable decision, the authority must give 17 a reviewable decision notice to each entity mentioned in schedule 3, 18 column 4 in relation to the decision. 19 Note 1 The authority must also take reasonable steps to give a reviewable 20 decision notice to anyone whose interests are affected by the decision 21 (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 22 Note 2 The requirements for reviewable decision notices are prescribed under 23 the ACT Civil and Administrative Tribunal Act 2008. page 126 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Environment Protection Act 1997 Part 1.39 Amendment [1.165] 1 136B Applications for review 2 The following may apply to the ACAT for review of a reviewable 3 decision: 4 (a) an entity mentioned in schedule 3, column 4 in relation to the 5 decision; 6 (b) any other person whose interests are affected by the decision 7 Note If a form is approved under the ACT Civil and Administrative Tribunal 8 Act 2008 for the application, the form must be used. 9 [1.165] New schedule 3 10 insert 11 Schedule 3 Reviewable decisions 12 (see pt 14) column 1 column 2 column 3 column 4 item section decision entity 1 21 (1) refuse to exclude applicant document or part of document from public inspection 2 21A (5) refuse to remove entity that entry relates to entry from the register ACT Civil and Administrative Tribunal Legislation page 127 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.39 Environment Protection Act 1997 Amendment [1.165] column 1 column 2 column 3 column 4 item section decision entity 3 43 (1) notify entity not to entity conducting or conduct, or continue proposing to conduct to conduct, stated stated activity activity unless person holds environmental authorisation 4 43 (4) refuse to revoke person conducting or notice under proposing to conduct section 43 (1) stated activity 5 49 (1) (a), grant environmental applicant for authorisation (2) (a), authorisation (other (3) (a) or than authorisation in (4) (a) relation to activity of kind mentioned in schedule 1, table 1.2, item 30) 6 49 (1) (a), grant environmental applicant for authorisation (2) (a), authorisation (other (3) (a) or than authorisation in (4) (a) relation to activity of kind mentioned in schedule 1, table 1.2, item 30) for stated period page 128 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Environment Protection Act 1997 Part 1.39 Amendment [1.165] column 1 column 2 column 3 column 4 item section decision entity 7 49 (1) (a), grant environmental applicant for authorisation (2) (a), authorisation (other (3) (a) or than authorisation in (4) (a) relation to activity of kind mentioned in schedule 1, table 1.2, item 30) subject to stated condition 8 49 (1) (b), refuse to grant applicant for authorisation (2) (b), environmental (3) (b) or authorisation (4) (b) 9 57 (2) decide not to take holder of authorisation any action under this Act 10 58 cancel accredited holder of authorisation environmental authorisation 11 60 (1) vary environmental holder of authorisation authorisation 12 60 (1) refuse to vary holder of authorisation environmental authorisation on application 13 63 (1) suspend entity that has environmental authorisation suspended authorisation ACT Civil and Administrative Tribunal Legislation page 129 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.39 Environment Protection Act 1997 Amendment [1.165] column 1 column 2 column 3 column 4 item section decision entity 14 63 (1) cancel environmental entity that has authorisation authorisation cancelled 15 63 (2) suspend entity that has environmental authorisation suspended authorisation until stated condition fulfilled 16 63 (2) refuse to lift entity that has suspension of authorisation suspended environmental authorisation on ground that stated condition not fulfilled 17 69 (1) require entity to entity conducting or prepare and submit proposing to conduct for approval draft activity environmental improvement plan 18 71 (1) (d) reject draft entity that submitted plan environmental improvement plan and require plan to be amended and resubmitted 19 71 (2) (b) reject draft entity that submitted plan environmental improvement plan page 130 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Environment Protection Act 1997 Part 1.39 Amendment [1.165] column 1 column 2 column 3 column 4 item section decision entity 20 72 (3) refuse to accredit applicant for accreditation environmental improvement plan 21 75 (1) refuse to approve person refused approval or person to conduct entity that commissions particular environmental audit environmental audit 22 75 (4) remove name of auditor whose name is auditor from list removed from list maintained by authority 23 76 (1) require entity to entity conducting or commission proposing to conduct environmental audit stated activity and submit report on audit 24 76 (2) require entity to entity conducting or commission proposing to conduct environmental audit stated activity of contaminated land 25 78 (3) refuse to grant applicant for protection protection in relation to environmental audit report 26 78 (3) grant protection in applicant for protection relation to environmental audit report subject to stated conditions ACT Civil and Administrative Tribunal Legislation page 131 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.39 Environment Protection Act 1997 Amendment [1.165] column 1 column 2 column 3 column 4 item section decision entity 27 82 (1) require entity to entity conducting or prepare and submit proposing to conduct for approval draft stated activity emergency plan 28 84 (1) (d) reject draft entity required to submit emergency plan and plan require plan to be amended and resubmitted 29 84 (2) (b) reject draft entity required to submit emergency plan plan 30 91C (1) make order to appropriate person conduct assessment 31 91D (1) make order to appropriate person remediate 32 91D (8) refuse to consent to applicant for consent transfer or sublet 33 91G (1) refuse to extend applicant for extension period for compliance 34 91G (1) extend for period less applicant for extension than that applied for 35 91K require stated person appropriate person against to pay reasonable whom order made costs and expenses page 132 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Environment Protection Act 1997 Part 1.39 Amendment [1.166] column 1 column 2 column 3 column 4 item section decision entity 36 110 (4) decide to dispose of owner or entity that had seized thing possession/custody/control of thing immediately before it was seized or entity that has legal/equitable interest in thing 37 125 (1) serve environment entity served with order protection order 38 125 (1) serve environment entity served with order protection order that impose stated requirements mentioned in s 125 (5) 39 125 (2) or serve environment entity served with order (3) protection order 1 [1.166] Dictionary, note 2, dot points 2 omit 3 · administrative appeals tribunal 4 substitute 5 · ACAT 6 [1.167] Dictionary, note 2, new dot point 7 insert 8 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 133 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.40 Fair Trading (Consumer Affairs) Act 1973 Amendment [1.168] 1 [1.168] Dictionary, definition of reviewable decision 2 insert 3 reviewable decision, for part 14 (Notification and review of 4 decisions)--see section 135. 5 Part 1.40 Fair Trading (Consumer Affairs) 6 Act 1973 7 [1.169] New section 29 (8A) 8 insert 9 (8A) Written notice of the order must also be published in a newspaper 10 circulating in the ACT. 11 [1.170] Sections 35 and 36 12 substitute 13 Division 4.3 Notification and review of decisions 14 35 Meaning of reviewable decision--div 4.3 15 In this division: 16 reviewable decision means a decision mentioned in schedule 1, 17 column 3 under a provision of this Act mentioned in column 2 in 18 relation to the decision. 19 36 Reviewable decision notices 20 (1) If a person makes a reviewable decision, the person must publish a 21 reviewable decision notice in relation to the decision in a newspaper 22 circulating in the ACT. 23 Note The requirements for reviewable decision notices are prescribed under 24 the ACT Civil and Administrative Tribunal Act 2008. page 134 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Fair Trading (Consumer Affairs) Act 1973 Part 1.40 Amendment [1.171] 1 (2) If schedule 1, column 4 states that a reviewable decision is 2 notifiable, a reviewable decision notice in relation to the decision is 3 a notifiable instrument. 4 Note A notifiable instrument must be notified under the Legislation Act. 5 36A Applications for review 6 A person whose interests are affected by a reviewable decision may 7 apply to the ACAT for review of the decision. 8 Note If a form is approved under the ACT Civil and Administrative Tribunal 9 Act 2008 for the application, the form must be used. 10 [1.171] New schedule 1 11 insert 12 Schedule 1 Reviewable decisions 13 (see div 4.3) column 1 column 2 column 3 column 4 item section decision Is decision notifiable? 1 26 (3) make, amend or repeal interim safety order 2 26 (3) refuse to make interim yes safety order 3 26 (7) extend period of effect of interim safety order 4 27 (1) make, amend or repeal consumer product safety order 5 27 (1) refuse to make consumer yes product safety order ACT Civil and Administrative Tribunal Legislation page 135 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.40 Fair Trading (Consumer Affairs) Act 1973 Amendment [1.172] column 1 column 2 column 3 column 4 item section decision Is decision notifiable? 6 29 make, amend or repeal consumer product safety order 7 29 refuse to make consumer yes product safety order 1 [1.172] Dictionary, note 2, dot points 2 omit 3 · administrative appeals tribunal 4 substitute 5 · ACAT 6 [1.173] Dictionary, note 2, new dot point 7 insert 8 · reviewable decision notice 9 [1.174] Dictionary, new definition of reviewable decision 10 insert 11 reviewable decision, for division 4.3 (Notification and review of 12 decisions)--see section 35. page 136 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Financial Management Act 1996 Part 1.41 Amendment [1.175] 1 Part 1.41 Financial Management Act 1996 2 [1.175] Sections 53B and 53C 3 substitute 4 53B Reviewable decision notices 5 If the Treasurer refuses an application under section 53A (8), 6 completely or partly, the Treasurer must give a reviewable decision 7 notice to the applicant. 8 Note 1 The Treasurer must also take reasonable steps to give a reviewable 9 decision notice to any other person whose interests are affected by the 10 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 11 Note 2 The requirements for reviewable decision notices are prescribed under 12 the ACT Civil and Administrative Tribunal Act 2008. 13 53C Applications for review 14 The following may apply to the ACAT for review of a decision 15 under section 53A (8): 16 (a) an applicant for payment under section 53A (8); 17 (b) any other person whose interests are affected by the decision. 18 Note If a form is approved under the ACT Civil and Administrative Tribunal 19 Act 2008 for the application, the form must be used. 20 [1.176] Dictionary, note 2, new dot points 21 insert 22 · ACAT 23 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 137 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.42 First Home Owner Grant Act 2000 Amendment [1.177] 1 Part 1.42 First Home Owner Grant Act 2000 2 [1.177] Section 25 (2) (b) 3 substitute 4 (b) the objector applies to the ACAT for review of the 5 commissioner's decision on the objection and-- 6 (i) the ACAT or a court hearing the review or appeal on the 7 matter upholds the objection in whole or in part; and 8 (ii) the period when any further appeal can be made has 9 ended; and 10 (iii) neither the objector nor the commissioner has appealed 11 against the decision in relation to a part of the objection 12 that was upheld. 13 [1.178] Sections 30 to 32 14 substitute 15 30 Reviewable decision notices 16 The commissioner must give a reviewable decision notice to the 17 objector of the commissioner's decision on an objection. 18 Note 1 The commissioner must also take reasonable steps to give a reviewable 19 decision notice to any other person whose interests are affected by the 20 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 21 Note 2 The requirements for reviewable decision notices are prescribed under 22 the ACT Civil and Administrative Tribunal Act 2008. 23 31 Applications for review 24 The following may apply to the ACAT for review of a reviewable 25 decision: 26 (a) the objector in relation to the decision; page 138 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] First Home Owner Grant Act 2000 Part 1.42 Amendment [1.179] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 32 Giving effect to decision on review 5 (1) Within 60 days after a decision of the ACAT becomes final, the 6 commissioner must take any action that is necessary to give effect to 7 the decision. 8 (2) For this section, a decision of the ACAT becomes final when a 9 period of 30 days has passed after 1 of the following decisions and 10 no appeal against the decision is made within the 30-day period: 11 (a) a decision of the ACAT on application for review; 12 (b) a decision by a court hearing an appeal from-- 13 (i) the decision of the ACAT; or 14 (ii) a decision of a lower court in relation to the decision of 15 the ACAT. 16 [1.179] Dictionary, note 2, new dot points 17 insert 18 · ACAT 19 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 139 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.43 Fisheries Act 2000 Amendment [1.180] 1 Part 1.43 Fisheries Act 2000 2 [1.180] Part 10 3 substitute 4 Part 10 Notification and review of 5 decisions 6 107 Meaning of reviewable decision--pt 10 7 In this part: 8 reviewable decision means a decision mentioned in schedule 1, 9 column 3 under a provision of this Act mentioned in column 2 in 10 relation to the decision. 11 108 Reviewable decision notices 12 If a person makes a reviewable decision, the person must give a 13 reviewable decision notice to each entity mentioned in schedule 1, 14 column 4 in relation to the decision. 15 Note 1 The person must also take reasonable steps to give a reviewable 16 decision notice to any other person whose interests are affected by the 17 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 18 Note 2 The requirements for reviewable decision notices are prescribed under 19 the ACT Civil and Administrative Tribunal Act 2008. 20 108A Applications for review 21 The following may apply to the ACAT for review of a reviewable 22 decision: 23 (a) an entity mentioned in schedule 1, column 4 in relation to the 24 decision; page 140 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Fisheries Act 2000 Part 1.43 Amendment [1.181] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative 3 Tribunal Act 2008 for the application, the form must be used. 4 [1.181] New schedule 1 5 insert 6 Schedule 1 Reviewable decisions 7 (see pt 10) column 1 column 2 column 3 column 4 item section decision entity 1 25 refuse to issue licence applicant for licence 2 30 issue licence with applicant for licence conditions 3 31 change licence licensee 4 34 cancel licence entity that has licence cancelled 5 39 refuse to register fish applicant for dealer registration 6 41 suspend fish dealer's entity that has registration registration suspended 7 42 cancel fish dealer's entity that has registration registration cancelled 8 68 (6) retain seized thing entity from whom thing seized ACT Civil and Administrative Tribunal Legislation page 141 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.44 Food Act 2001 Amendment [1.182] 1 [1.182] Dictionary, note 2, dot points 2 omit 3 · administrative appeals tribunal 4 substitute 5 · ACAT 6 [1.183] Dictionary, note 2, new dot point 7 insert 8 · reviewable decision notice 9 [1.184] Dictionary, new definition of reviewable decision 10 insert 11 reviewable decision, for part 10 (Notification and review of 12 decisions)--see section 107. 13 Part 1.44 Food Act 2001 14 [1.185] Part 11 heading 15 substitute 16 Part 11 Notification and review of 17 decisions 18 141A Meaning of reviewable decision--pt 11 19 In this part: 20 reviewable decision means a decision mentioned in schedule 1, 21 column 3 under a provision of this Act mentioned in column 2 in 22 relation to the decision. page 142 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Food Act 2001 Part 1.44 Amendment [1.186] 1 141B Reviewable decision notices 2 If a person makes a reviewable decision, the person must give a 3 reviewable decision notice to each entity mentioned in schedule 1, 4 column 4 in relation to the decision. 5 Note 1 The person must also take reasonable steps to give a reviewable 6 decision notice to any other person whose interests are affected by the 7 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 8 Note 2 The requirements for reviewable decision notices are prescribed under 9 the ACT Civil and Administrative Tribunal Act 2008. 10 141C Applications for review 11 The following may apply to the ACAT for review of a reviewable 12 decision: 13 (a) an entity mentioned in schedule 1, column 4 in relation to the 14 decision; 15 (b) any other person whose interests are affected by the decision. 16 Note If a form is approved under the ACT Civil and Administrative 17 Tribunal Act 2008 for the application, the form must be used. 18 Part 12 Miscellaneous 19 [1.186] Sections 147 and 148 20 omit ACT Civil and Administrative Tribunal Legislation page 143 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.45 Freedom of Information Act 1989 Amendment [1.187] 1 [1.187] Schedule 1 heading 2 substitute 3 Schedule 1 Reviewable decisions 4 (see pt 11) 5 [1.188] Schedule 1, column 4, heading 6 omit 7 person to be notified of decision 8 substitute 9 entity 10 [1.189] Dictionary, note 2, new dot points 11 insert 12 · ACAT 13 · reviewable decision notice 14 [1.190] Dictionary, new definition of reviewable decision 15 insert 16 reviewable decision, for part 11 (Notification and review of 17 decisions)--see section 141A. 18 Part 1.45 Freedom of Information Act 1989 19 [1.191] Section 26 (2) (b) (i) to (iii) 20 substitute 21 (i) the time for the Commonwealth or State to apply to the 22 ACAT under section 68 (Review of certain decisions in 23 respect of documents relating to the Commonwealth or a 24 State) ends and no application is made; or page 144 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Freedom of Information Act 1989 Part 1.45 Amendment [1.192] 1 (ii) an application is made, but the ACAT-- 2 (A) dismisses the application; or 3 (B) makes a decision in relation to the application in 4 accordance with terms agreed by the parties; or 5 (iii) an application is made and the ACAT confirms the 6 decision to which the application relates. 7 Note The ACAT may dismiss an application under the ACT Civil and 8 Administrative Tribunal Act 2008, s 32 (2) (a) or (b), and may 9 make a decision in accordance with terms agreed by the parties 10 under s 55. 11 [1.192] Section 27 (2) (b) (i) to (iii) 12 substitute 13 (i) the time for the person to apply to the ACAT under 14 section 69 (Review of certain decisions in respect of 15 documents relating to business affairs etc) ends and no 16 application is made; or 17 (ii) an application is made, but the ACAT-- 18 (A) dismisses the application; or 19 (B) makes a decision in relation to the application in 20 accordance with terms agreed by the parties; or 21 (iii) an application is made and the ACAT confirms the 22 decision to which the application relates. 23 Note The ACAT may dismiss an application under the ACT Civil and 24 Administrative Tribunal Act 2008, s 32 (2) (a) or (b), and may 25 make a decision in accordance with terms agreed by the parties 26 under that Act, s 55. ACT Civil and Administrative Tribunal Legislation page 145 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.45 Freedom of Information Act 1989 Amendment [1.193] 1 [1.193] Section 27A (4) (b) (i) to (iii) 2 substitute 3 (i) the time for the person to apply to the ACAT under 4 section 69A (Review of certain decisions about 5 documents relating to personal information) ends and no 6 application is made; or 7 (ii) an application is made, but the ACAT-- 8 (A) dismisses the application; or 9 (B) makes a decision in relation to the application in 10 accordance with terms agreed by the parties; or 11 (iii) an application is made and the ACAT confirms the 12 decision in relation to the application. 13 Note The ACAT may dismiss an application under the ACT Civil and 14 Administrative Tribunal Act 2008, s 32 (2) (a) or (b), and may 15 make a decision in accordance with terms agreed by the parties 16 under that Act, s 55. 17 [1.194] Section 60 (4) 18 substitute 19 (4) Despite the ACT Civil and Administrative Tribunal Act 2008, 20 section 10 (d), and subject to any extension of time granted by the 21 ACAT, an applicant may make an application under subsection (1) 22 in relation to a decision under section 54 (3) within 28 days after the 23 day the ombudsman informs the applicant under section 54 (3). page 146 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Freedom of Information Act 1989 Part 1.45 Amendment [1.195] 1 [1.195] Section 64 2 substitute 3 64 Constitution of ACAT for certain proceedings 4 (1) If a request is made to the ACAT under section 62 (4), (5) or (6) 5 (Powers of ACAT), the ACAT must, for a proceeding on the 6 request, be constituted by-- 7 (a) a presidential member; or 8 (b) a presidential member and 1 or more tribunal members 9 allocated by the general president. 10 (2) In this section: 11 general president--see the ACT Civil and Administrative Tribunal 12 Act 2008, dictionary. 13 presidential member--see the ACT Civil and Administrative 14 Tribunal Act 2008, dictionary. 15 tribunal member--see the ACT Civil and Administrative Tribunal 16 Act 2008, dictionary. 17 [1.196] Section 65 (1) 18 omit 19 Administrative Appeals Tribunal Act 1989 20 substitute 21 ACT Civil and Administrative Tribunal Act 2008 ACT Civil and Administrative Tribunal Legislation page 147 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.45 Freedom of Information Act 1989 Amendment [1.197] 1 [1.197] Section 66 2 substitute 3 66 Decisions by presidential member 4 (1) A question of law (including a question about whether a particular 5 question is one of law) arising in a proceeding before the ACAT 6 constituted in accordance with section 64 (Constitution of ACAT for 7 certain proceedings) must be decided in accordance with the opinion 8 of a presidential member of the ACAT for the proceeding. 9 (2) The ACT Civil and Administrative Tribunal Act 2008, section 52 10 does not apply to this section to the extent of any inconsistency. 11 (3) In this section: 12 presidential member--see section 64. 13 [1.198] Section 70 14 omit 15 Administrative Appeals Tribunal Act 1989 16 substitute 17 ACT Civil and Administrative Tribunal Act 2008 18 [1.199] Section 72 19 omit everything before subsection (2), substitute 20 72 Notice of reasons etc--application of ACT Civil and 21 Administrative Tribunal Act, div 4A.2 etc 22 (1) If an applicant has been given a written notice under section 25 23 (Reasons and other particulars of decisions to be given) in relation 24 to a decision, the ACT Civil and Administrative Tribunal Act 2008, 25 division 4A.2 (Reasons statements) does not apply to the decision. page 148 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Freedom of Information Act 1989 Part 1.45 Amendment [1.200] 1 [1.200] Section 73 (1) 2 omit everything before paragraph (a), substitute 3 (1) In a proceeding under this part, the ACAT must make any order 4 under the ACT Civil and Administrative Tribunal Act 2008, 5 section 39 that it considers necessary having regard to the nature of 6 the proceeding and, in particular, to the necessity of avoiding the 7 disclosure to the applicant of-- 8 [1.201] Section 73 (2) 9 omit everything before paragraph (a), substitute 10 (2) Despite the ACT Civil and Administrative Tribunal Act 2008-- 11 [1.202] Section 74 (1) 12 omit 13 [1.203] Section 74 (8) 14 substitute 15 (8) Nothing in subsection (2), (3) or (4) prevents the ACAT from 16 causing a document (a subject document) produced under 1 or more 17 of the subsections to be sent to the Supreme Court under the ACT 18 Civil and Administrative Tribunal Act 2008, section 87 (Sending 19 documents and things to Supreme Court). 20 (9) However, if a subject document is sent to the Supreme Court, the 21 court must ensure that the contents of the document are not 22 disclosed, other than in accordance with this Act, to any person 23 other than-- 24 (a) a member of the court constituted for the proceeding before the 25 court; or 26 (b) a member of the staff of the court in the course of the 27 performance of the staff member's functions. ACT Civil and Administrative Tribunal Legislation page 149 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.45 Freedom of Information Act 1989 Amendment [1.204] 1 [1.204] Dictionary, note 2, new dot point 2 insert 3 · ACAT 4 [1.205] Dictionary, definition of tribunal 5 omit 6 [1.206] Further amendments, mentions of tribunal 7 omit 8 tribunal 9 substitute 10 ACAT 11 in 12 · section 31 (2) (c) 13 · section 51 (2) 14 · section 54 (2) and (3) 15 · section 57 16 · section 60 heading 17 · section 60 (1) and (3) 18 · section 61 19 · section 62 20 · section 63 (1) 21 · section 65 heading 22 · section 65 (2) to (5) 23 · section 67 24 · section 68 25 · section 69 26 · section 69A 27 · section 70 (c) 28 · section 71 page 150 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Gambling and Racing Control (Code of Practice) Regulation 2002 Part 1.46 Amendment [1.207] 1 · section 72 (2) 2 · section 73 heading 3 · section 73 (2) (a) and (b) 4 · section 74 (2) to (6) 5 · section 75 6 · section 76 7 · section 79 (5) (d) 8 Part 1.46 Gambling and Racing Control 9 (Code of Practice) Regulation 10 2002 11 [1.207] Section 16 (4) 12 substitute 13 (4) The notice under subsection (3) must be in the form of a reviewable 14 decision notice. 15 Note 1 The commission must also take reasonable steps to give a reviewable 16 decision notice to any other person whose interests are affected by the 17 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 18 Note 2 The requirements for reviewable decision notices are prescribed under 19 the ACT Civil and Administrative Tribunal Act 2008. 20 [1.208] Section 17 21 substitute 22 17 Review by ACAT of commission's decision under s 16 23 A person whose interests are affected by a decision by the 24 commission to confirm, revoke or amend the licensee's decision 25 may apply to the ACAT for review of the decision. 26 Note If a form is approved under the ACT Civil and Administrative Tribunal 27 Act 2008 for the application, the form must be used. ACT Civil and Administrative Tribunal Legislation page 151 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.47 Gaming Machine Act 2004 Amendment [1.209] 1 [1.209] Schedule 1, section 1.16, note 2 omit 3 administrative appeals tribunal 4 substitute 5 ACAT 6 [1.210] Dictionary, note 2, dot points 7 omit 8 · administrative appeals tribunal 9 substitute 10 · ACAT 11 [1.211] Dictionary, note 2, new dot point 12 insert 13 · reviewable decision notice 14 Part 1.47 Gaming Machine Act 2004 15 [1.212] Part 13 heading and section 173 16 substitute 17 Part 13 Notification and review of 18 decisions 19 173 Meaning of reviewable decision--pt 13 20 In this part: 21 reviewable decision means a decision mentioned in schedule 1, 22 column 3 under a provision of this Act mentioned in column 2 in 23 relation to the decision. page 152 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Gaming Machine Act 2004 Part 1.47 Amendment [1.212] 1 173A Reviewable decision notices 2 If the commission makes a reviewable decision, the commission 3 must give a reviewable decision notice to each entity mentioned in 4 schedule 1, column 4 in relation to the decision. 5 Note 1 The commission must also take reasonable steps to give a reviewable 6 decision notice to any other person whose interests are affected by the 7 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 8 Note 2 The requirements for reviewable decision notices are prescribed under 9 the ACT Civil and Administrative Tribunal Act 2008. 10 173B Applications for review 11 The following may apply to the ACAT for review of a reviewable 12 decision: 13 (a) an entity mentioned in schedule 1, column 4 in relation to the 14 decision; 15 (b) any other person whose interests are affected by the decision. 16 Note If a form is approved under the ACT Civil and Administrative Tribunal 17 Act 2008 for the application, the form must be used. 18 Part 14 Miscellaneous ACT Civil and Administrative Tribunal Legislation page 153 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.47 Gaming Machine Act 2004 Amendment [1.213] 1 [1.213] Schedule 1 2 substitute 3 Schedule 1 Reviewable decisions 4 (see pt 13) column 1 column 2 column 3 column 4 item section decision entity 1 12 refuse application for applicant for licence licence 2 12 issue licence of number applicant for licence or kind of gaming machines different from that applied for 3 24, 25 or 26 refuse to amend licence applicant for amendment 4 29 revoke uncommenced entity that has licence amendment amendment revoked 5 32 refuse to approve applicant for transfer transfer of licence 6 38 refuse to give applicant for replacement licence replacement 7 40 give licensee direction licensee given direction 8 62 take disciplinary action licensee 9 72 refuse to approve applicant for approval supplier page 154 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Gaming Machine Act 2004 Part 1.47 Amendment [1.213] column 1 column 2 column 3 column 4 item section decision entity 10 73A cancel or suspend supplier that has supplier's approval approval cancelled or suspended 11 73A reprimand supplier supplier 12 75 refuse to approve applicant for approval technician 13 78 refuse to approve applicant for transfer transfer of technician's approval 14 79 cancel or suspend technician that has technician's approval approval cancelled or suspended 15 79 reprimand technician technician 16 84 refuse to renew applicant for renewal approved technician's approval 17 86 refuse to approve applicant for approval attendant 18 89 refuse to approve applicant for transfer transfer of attendant's approval 19 91 cancel or suspend attendant that has attendant's approval approval cancelled or suspended 20 91 reprimand attendant attendant ACT Civil and Administrative Tribunal Legislation page 155 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.47 Gaming Machine Act 2004 Amendment [1.213] column 1 column 2 column 3 column 4 item section decision entity 21 96 refuse to renew applicant for renewal approved attendant's approval 22 100 refuse to approve applicant for approval acquisition of gaming machine 23 102 refuse to approve applicant for approval financial arrangement or amendment of arrangement 24 108 refuse to approve applicant for approval repossession of gaming machine 25 109 (2) approve repossession of applicant for approval gaming machine subject to condition 26 113 refuse to approve applicant for approval disposal of gaming machine 27 134 refuse to authorise applicant for linked-jackpot authorisation arrangement 28 135 refuse to issue applicant for permit multi-user permit 29 135 issue multi-user permit applicant for permit subject to condition, other than condition imposed by Act page 156 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Gaming Machine Act 2004 Part 1.47 Amendment [1.214] column 1 column 2 column 3 column 4 item section decision entity 30 138 amend multi-user permit entity that has permit amended 31 139 refuse to amend applicant for multi-user permit amendment 32 140 refuse to approve applicant for amendment of financial amendment and operational aspects of linked-jackpot arrangement 33 141 refuse to transfer applicant for transfer multi-user permit 34 147 refuse to approve entity applicant for approval 35 153 (2) give direction about licensee given direction separate parts of licensed premises 36 164 refuse to approve applicant for approval contributions as community contributions 1 [1.214] Dictionary, note 2, dot points 2 omit 3 · AAT 4 [1.215] Dictionary, note 2, new dot points 5 insert 6 · ACAT 7 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 157 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.48 Gas Safety Act 2000 Amendment [1.216] 1 [1.216] Dictionary, new definition of reviewable decision 2 insert 3 reviewable decision, for part 13 (Notification and review of 4 decisions)--see section 173. 5 Part 1.48 Gas Safety Act 2000 6 [1.217] New part 6A 7 insert 8 Part 6A Notification and review of 9 decisions 10 64A Meaning of reviewable decision--pt 6A 11 In this part: 12 reviewable decision means a decision prescribed by regulation. 13 64B Reviewable decision notices 14 If a person makes a reviewable decision, the person must give a 15 reviewable decision notice to each entity prescribed by regulation in 16 relation to the decision. 17 Note 1 The person must also take reasonable steps to give a reviewable 18 decision notice to any other person whose interests are affected by the 19 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 20 Note 2 The requirements for reviewable decision notices are prescribed under 21 the ACT Civil and Administrative Tribunal Act 2008. page 158 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Gas Safety Act 2000 Part 1.48 Amendment [1.218] 1 64C Applications for review 2 The following may apply to the ACAT for review of a reviewable 3 decision: 4 (a) an entity prescribed by regulation in relation to the decision; 5 (b) any other person whose interests are affected by the decision. 6 Note If a form is approved under the ACT Civil and Administrative Tribunal 7 Act 2008 for the application, the form must be used. 8 [1.218] Section 66 9 omit 10 [1.219] Dictionary, note 2, dot points 11 omit 12 · administrative appeals tribunal 13 substitute 14 · ACAT 15 [1.220] Dictionary, note 2, new dot point 16 insert 17 · reviewable decision notice 18 [1.221] Dictionary, new definition of reviewable decision 19 insert 20 reviewable decision, for part 6A (Notification and review of 21 decisions)--see section 64A. ACT Civil and Administrative Tribunal Legislation page 159 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.49 Gas Safety Regulation 2001 Amendment [1.222] 1 Part 1.49 Gas Safety Regulation 2001 2 [1.222] Sections 20A and 20B 3 substitute 4 20A Reviewable decisions--Act, s 64A, def reviewable 5 decision 6 The following decisions are prescribed: 7 (a) a decision mentioned in schedule 1, part 1.1 under a provision 8 of the Act or this regulation mentioned in column 2 in relation 9 to the decision; 10 (b) a decision mentioned in schedule 1, part 1.2 under a code 11 approved under section 17A (1). 12 20B Right of review and notice--Act, s 64B and s 64C (a) 13 The following entities are prescribed: 14 (a) in relation to a decision mentioned in schedule 1, part 1.1--an 15 entity mentioned in schedule 1, column 4; 16 (b) in relation to a decision mentioned in schedule 1, part 1.2--an 17 entity mentioned in column 3. page 160 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Gas Safety Regulation 2001 Part 1.49 Amendment [1.223] 1 [1.223] New schedule 1 2 insert 3 Schedule 1 Reviewable decisions 4 (see s 20A and s 20B) 5 Part 1.1 Reviewable decisions--Act and 6 regulation column 1 column 2 column 3 column 4 item section decision entity 1 Act, 21 (1) refuse to approve applicant for approval appliances of particular kind 2 Act, 23 cancel approval in entity that has approval relation to appliances cancelled 3 Act, 27 prohibit sale or entity that has interests installation of affected by prohibition appliances of particular kind 4 Act, 29 give direction trader who is given direction 5 Act, 50 give direction occupier of premises, owner of consumer piping system or gasfitter given direction 6 Act, 51 give direction person or accredited person given direction ACT Civil and Administrative Tribunal Legislation page 161 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.49 Gas Safety Regulation 2001 Amendment [1.223] column 1 column 2 column 3 column 4 item section decision entity 7 7 (2) refuse to exempt applicant for person exemption 8 7 (4) exempt person subject applicant for to condition exemption 9 9 (2) refuse to exempt applicant for person exemption 10 9 (4) exempt person subject applicant for to condition exemption 11 18E refuse to approve applicant for approval appliance for commissioning 12 18F refuse to approve applicant for approval connection or use of appliance for product testing, product development or experimental purposes 13 18H refuse to approve applicant for approval connection or use of appliance for product testing, product development or experimental purposes page 162 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Guardianship and Management of Property Regulation 1991 Part 1.50 Amendment [1.224] 1 Part 1.2 Reviewable decisions--code 2 approved under s 17A column 1 column 2 column 3 item decision entity 1 refuse to accredit person to applicant for accreditation do appliance work 2 impose condition on applicant for accreditation accreditation to do appliance work 3 refuse to renew applicant for renewal accreditation 4 suspend accreditation entity that has accreditation suspended 5 cancel accreditation entity that has accreditation cancelled 3 Part 1.50 Guardianship and Management 4 of Property Regulation 1991 5 [1.224] Sections 4 and 8 6 omit ACT Civil and Administrative Tribunal Legislation page 163 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.51 Gungahlin Drive Extension Authorisation Act 2004 Amendment [1.225] 1 Part 1.51 Gungahlin Drive Extension 2 Authorisation Act 2004 3 [1.225] Section 10 (6) (a) to (c) 4 substitute 5 (a) the Environment Protection Act 1997, part 14 (Notification and 6 review of decisions); 7 (b) the Nature Conservation Act 1980, part 12 (Notification and 8 review of decisions); 9 (c) the Planning and Development Act 2007, chapter 13 (Review 10 of decisions); 11 [1.226] Dictionary, note 2, new dot point 12 insert 13 · ACAT 14 [1.227] Dictionary, definition of court 15 substitute 16 court includes the ACAT. page 164 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Hawkers Act 2003 Part 1.52 Amendment [1.228] 1 Part 1.52 Hawkers Act 2003 2 [1.228] Part 5 3 substitute 4 Part 5 Notification and review of 5 decisions 6 33 Definitions--pt 5 7 In this part: 8 decision-maker, for a reviewable decision, means an entity 9 mentioned in schedule 1, column 5 for the decision. 10 reviewable decision means a decision mentioned in 11 schedule 1, column 3 under a provision of this Act mentioned in 12 column 2 in relation to the decision. 13 33A Reviewable decision notices 14 If a decision-maker makes a reviewable decision, the 15 decision-maker must give a reviewable decision notice to each 16 entity mentioned in schedule 1, column 4 in relation to the decision. 17 Note 1 The decision-maker must also take reasonable steps to give a 18 reviewable decision notice to any other person whose interests are 19 affected by the decision (see ACT Civil and Administrative Tribunal 20 Act 2008, s 67A). 21 Note 2 The requirements for reviewable decision notices are prescribed under 22 the ACT Civil and Administrative Tribunal Act 2008. ACT Civil and Administrative Tribunal Legislation page 165 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.52 Hawkers Act 2003 Amendment [1.229] 1 34 Applications for review 2 The following may apply to the ACAT for review of a reviewable 3 decision: 4 (a) an entity mentioned in schedule 1, column 4 in relation to the 5 decision; 6 (b) any other person whose interests are affected by the decision. 7 Note If a form is approved under the ACT Civil and Administrative Tribunal 8 Act 2008 for the application, the form must be used. 9 [1.229] New schedule 1 10 insert 11 Schedule 1 Reviewable decisions 12 (see pt 5) column 1 column 2 column 3 column 4 column 5 item section decision entity decision-maker 1 18 refuse to applicant for chief executive issue licence licence 2 18 issue licence applicant for chief executive for term licence different to term applied for 3 18 issue licence applicant for chief executive subject to licence condition page 166 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Hawkers Act 2003 Part 1.52 Amendment [1.230] column 1 column 2 column 3 column 4 column 5 item section decision entity decision-maker 4 22 refuse to licensee chief executive amend licence in way applied for 5 25 amend, person whose chief executive suspend or licence amended, cancel suspended or licence cancelled 6 28 refuse to applicant for Minister give exemption exemption 7 28 give applicant for Minister exemption exemption subject to condition 8 30 refuse to exempt person Minister amend exemption in way applied for 9 31 amend or person whose Minister revoke exemption exemption amended or revoked 1 [1.230] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 167 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.53 Health Act 1993 Amendment [1.231] 1 [1.231] Dictionary, new definitions 2 insert 3 decision-maker, for part 5 (Notification and review of decisions)-- 4 see section 33. 5 reviewable decision, for part 5 (Notification and review of 6 decisions)--see section 33. 7 Part 1.53 Health Act 1993 8 [1.232] Section 70 (4) 9 substitute 10 (4) The clinical privileges review notice must be in accordance with the 11 requirements for a reviewable decision notice. 12 Note The requirements for reviewable decision notices are prescribed under 13 the ACT Civil and Administrative Tribunal Act 2008. 14 [1.233] Section 130 15 omit 16 AAT 17 substitute 18 ACAT 19 [1.234] Dictionary, note 2, dot points 20 omit 21 · AAT 22 [1.235] Dictionary, note 2, new dot point 23 insert 24 · ACAT page 168 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Health Regulation 2004 Part 1.54 Amendment [1.236] 1 Part 1.54 Health Regulation 2004 2 [1.236] Sections 9 and 10 3 substitute 4 9 Reviewable decision notices 5 If the chief executive makes a decision under section 8 (Approval of 6 nurse practitioner positions), the chief executive must give a 7 reviewable decision notice to the applicant. 8 Note 1 The chief executive must also take reasonable steps to give a reviewable 9 decision notice to any other person whose interests are affected by the 10 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 11 Note 2 The requirements for reviewable decision notices are prescribed under 12 the ACT Civil and Administrative Tribunal Act 2008. 13 10 Applications for review 14 (1) The following may apply to the ACAT for review of a decision of 15 the chief executive under section 8: 16 (a) the applicant; 17 (b) any other person whose interests are affected by the decision. 18 Note If a form is approved under the ACT Civil and Administrative Tribunal 19 Act 2008 for the application, the form must be used. 20 (2) Without limiting subsection (1), the occupant of a nurse practitioner 21 position may apply to the ACAT for review of a decision of the 22 chief executive to amend or repeal the approval for the position, if 23 the amendment or repeal was otherwise than on application. ACT Civil and Administrative Tribunal Legislation page 169 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.55 Hemp Fibre Industry Facilitation Act 2004 Amendment [1.237] 1 Part 1.55 Hemp Fibre Industry Facilitation 2 Act 2004 3 [1.237] Part 4 4 substitute 5 Part 4 Notification and review of 6 decisions 7 57 Meaning of reviewable decision--pt 4 8 In this part: 9 reviewable decision means a decision mentioned in 10 schedule 1, column 3 under a provision of this Act mentioned in 11 column 2 in relation to the decision. 12 57A Reviewable decision notices 13 If the chief executive makes a reviewable decision, the chief 14 executive must give a reviewable decision notice to each entity 15 mentioned in schedule 1, column 4 in relation to the decision. 16 Note 1 The chief executive must also take reasonable steps to give a reviewable 17 decision notice to any other person whose interests are affected by the 18 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 19 Note 2 The requirements for reviewable decision notices are prescribed under 20 the ACT Civil and Administrative Tribunal Act 2008. 21 58 Applications for review 22 The following may apply to the ACAT for review of a reviewable 23 decision: 24 (a) an entity mentioned in schedule 1, column 4 in relation to the 25 decision; page 170 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Hemp Fibre Industry Facilitation Act 2004 Part 1.55 Amendment [1.238] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 [1.238] New schedule 1 5 insert 6 Schedule 1 Reviewable decisions 7 (see pt 4) column 1 column 2 column 3 column 4 item section decision entity 1 21 (1) refuse to issue applicant licence 2 25 (1) refuse to applicant renew licence 3 28 (1) (a) amend or applicant refuse to amend licence 4 35 (1) suspend or person whose licence cancel licence suspended or cancelled 5 36 (2) immediately person whose licence suspend suspended licence 6 37 immediately person whose licence cancelled cancel licence ACT Civil and Administrative Tribunal Legislation page 171 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.56 Housing Assistance Act 2007 Amendment [1.239] 1 [1.239] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.240] Dictionary, definition of reviewable decision 6 substitute 7 reviewable decision, for part 4 (Notification and review of 8 decisions)--see section 57. 9 Part 1.56 Housing Assistance Act 2007 10 [1.241] Section 25 (3) and (4) and note 11 substitute 12 (3) The housing commissioner may suspend or cancel all or part of the 13 entity's housing assistance if-- 14 (a) the requirement is made in writing; and 15 (b) the requirement states a reasonable time (of at least 7 days after 16 the day the requirement is given to the entity) for giving the 17 information; and 18 (c) the entity does not give the information in accordance with the 19 requirement. 20 Note The decision to suspend or cancel all or part of an entity's housing 21 assistance is a reviewable decision (see s 31A), and the housing 22 commissioner must give a reviewable decision notice to the entity (see 23 s 31B). 24 (4) The reviewable decision notice given to the entity must include-- 25 (a) a statement that the housing assistance is suspended or 26 cancelled; and page 172 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Housing Assistance Act 2007 Part 1.56 Amendment [1.242] 1 (b) when the suspension or cancellation begins; and 2 (c) if housing assistance is suspended--when the suspension ends. 3 [1.242] Part 6A 4 substitute 5 Part 6A Notification and review of 6 decisions 7 31A Meaning of reviewable decision--pt 6A 8 In this part: 9 reviewable decision means a decision mentioned in 10 schedule 1, column 3 under a provision of this Act mentioned in 11 column 2 in relation to the decision. 12 31B Reviewable decision notices 13 If the housing commissioner makes a reviewable decision, the 14 commissioner must give a reviewable decision notice to each entity 15 mentioned in schedule 1, column 4 in relation to the decision. 16 Note 1 The housing commissioner must also take reasonable steps to give a 17 reviewable decision notice to any other person whose interests are 18 affected by the decision (see ACT Civil and Administrative Tribunal 19 Act 2008, s 67A). 20 Note 2 The requirements for reviewable decision notices are prescribed under 21 the ACT Civil and Administrative Tribunal Act 2008. 22 31C Applications for review 23 The following may apply to the ACAT for review of a reviewable 24 decision: 25 (a) an entity mentioned in schedule 1, column 4 in relation to the 26 decision; ACT Civil and Administrative Tribunal Legislation page 173 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.56 Housing Assistance Act 2007 Amendment [1.243] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 [1.243] New schedule 1 5 insert 6 Schedule 1 Reviewable decisions 7 (see pt 6A) column 1 column 2 column 3 column 4 item section decision entity 1 24 refuse application for applicant housing assistance 2 25 suspend or cancel all or entity part of housing assistance provided to entity 3 25B refuse to register entity as entity housing provider 4 25O (2) or refuse to approve change applicant (3) to constitution or rules of housing provider 5 25S decide to intervene in housing provider business of housing provider 8 [1.244] Dictionary, note 2, new dot points 9 insert 10 · ACAT 11 · reviewable decision notice page 174 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Interactive Gambling Act 1998 Part 1.57 Amendment [1.245] 1 [1.245] Dictionary, new definition of reviewable decision 2 insert 3 reviewable decision, for part 6A (Notification and review of 4 decisions--see section 31A. 5 Part 1.57 Interactive Gambling Act 1998 6 [1.246] Section 31 (2) 7 omit 8 [1.247] Section 102 (5) 9 omit 10 [1.248] Part 8 11 substitute 12 Part 8 Notification and review of 13 decisions 14 140 Definitions--pt 8 15 In this part: 16 primary decision means a decision by the Minister mentioned in 17 schedule 1, part 1.1, column 3, under a provision of this Act 18 mentioned in column 2 in relation to the decision. 19 reviewable decision means-- 20 (a) a primary decision in relation to which the Minister has not 21 signed a certificate under section 46 (Security related 22 decisions); or ACT Civil and Administrative Tribunal Legislation page 175 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.57 Interactive Gambling Act 1998 Amendment [1.248] 1 (b) a decision by the commission mentioned in schedule 1, 2 part 1.2, column 3, under a provision of this Act mentioned in 3 column 2 in relation to the decision 4 141 Reviewable decision notices 5 If an entity makes a reviewable decision, the entity must give a 6 reviewable decision notice to each entity mentioned in schedule 1, 7 part 1.2, column 4 in relation to the decision 8 Note 1 The entity must also take reasonable steps to give a reviewable decision 9 notice to any other person whose interests are affected by the decision 10 (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 11 Note 2 The requirements for reviewable decision notices are prescribed under 12 the ACT Civil and Administrative Tribunal Act 2008. 13 142 Applications for review 14 The following may apply to the ACAT for review of a reviewable 15 decision: 16 (a) for a primary decision in relation to which the Minister has not 17 signed a certificate under section 46--an entity mentioned in 18 schedule 1, part 1.1, column 4 in relation to the decision; 19 (b) for any other reviewable decision--an entity mentioned in 20 schedule 1, part 1.2, column 4 in relation to the decision; 21 (c) any other person whose interests are affected by the decision. 22 Note If a form is approved under the ACT Civil and Administrative Tribunal 23 Act 2008 for the application, the form must be used. page 176 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Interactive Gambling Act 1998 Part 1.57 Amendment [1.249] 1 [1.249] New schedule 1 2 insert 3 Schedule 1 Reviewable decisions 4 (see pt 8) 5 Part 1.1 Primary decisions column 1 column 2 column 3 column 4 item section decision entity 1 27 (1) refuse to grant applicant for licence application for interactive gambling licence 2 32 impose condition on applicant for licence interactive gambling licence 3 33 (1) change condition on licensed provider interactive gambling licence 4 33 (1) add condition to licensed provider interactive gambling licence 5 37 (1) refuse to approve applicant for approval mortgage, charge or other encumbrance over interactive gambling licence ACT Civil and Administrative Tribunal Legislation page 177 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.57 Interactive Gambling Act 1998 Amendment [1.249] column 1 column 2 column 3 column 4 item section decision entity 6 37 (2) refuse to approve sale applicant for approval or transfer of interactive gambling licence 7 40 (2) direct the notification licensed provider of a stated matter 8 41 (1) suspend interactive entity that has licence gambling licence suspended 9 42 (1) suspend interactive entity that has licence gambling licence suspended 10 43 (1) cancel interactive entity that has licence gambling licence cancelled 11 44 (1) appoint administrator licensed provider 12 45 (a) refuse to cancel entity that has licence suspension of suspended interactive gambling licence 13 45 (b) refuse to reduce entity that has licence remaining period of suspended suspension of interactive gambling licence page 178 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Interactive Gambling Act 1998 Part 1.57 Amendment [1.249] 1 Part 1.2 Reviewable decisions-- 2 commission column 1 column 2 column 3 column 4 item section decision entity 1 54 (1) impose condition on applicant for key key person licence person licence 2 55 (1) (c) alter condition of ley key person licensee person licence 3 55 (1) (d) omit condition from key person licensee key person licence 4 55 (1) (e) add condition to key key person licensee person licence 5 58 (1) refuse to issue key person licensee replacement key person licence 6 62 (1) suspend key person entity that has licence licence suspended 7 65 (1) cancel key person entity that has licence licence cancelled 8 72 (1) direct agency licensed provider agreement be amended 9 102 (4) (a) prohibit person from person prohibited participating in authorised games 10 102 (4) (b) refuse to make order applicant for order ACT Civil and Administrative Tribunal Legislation page 179 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.58 Intoxicated People (Care and Protection) Act 1994 Amendment [1.250] 1 [1.250] Dictionary, note 2, dot points 2 omit 3 · administrative appeals tribunal 4 [1.251] Dictionary, note 2, new dot points 5 insert 6 · ACAT 7 · reviewable decision notice 8 [1.252] Dictionary, definitions of primary decision and reviewable 9 decision 10 substitute 11 primary decision, for part 8 (Notification and review of 12 decisions)--see section 140. 13 reviewable decision, for part 8 (Notification and review of 14 decisions)--see section 140. 15 Part 1.58 Intoxicated People (Care and 16 Protection) Act 1994 17 [1.253] Section 22 18 substitute 19 22 Emergency suspension and cancellation 20 (1) If the Minister believes on reasonable grounds that there is an 21 immediate risk of danger to the health or safety of people being 22 cared for, or people providing care, at a licensed place, the Minister 23 may suspend the licence in relation to the place. page 180 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Intoxicated People (Care and Protection) Act 1994 Part 1.58 Amendment [1.253] 1 (2) A suspension under subsection (1) takes effect when the Minister 2 gives the reviewable decision notice about the suspension to the 3 licensee. 4 Note The decision to suspend a licence is a reviewable decision (see s 34), 5 and the Minister must give a reviewable decision notice to the licensee 6 (see s 34A). 7 (3) The reviewable decision notice must include-- 8 (a) the facts and circumstances on which the Minister's belief is 9 based; and 10 (b) the licensed places (the stated places) in relation to which the 11 licence is suspended; and 12 (c) a statement that the licensee may not provide caring services at 13 the stated places while the licence is suspended; and 14 (d) a statement that the licensee may, within 28 days after the date 15 of the notice, make submissions to the Minister why the 16 licence should not be cancelled in relation to the stated places. 17 (4) The Minister may cancel the licence in relation to any stated place 18 on the ground mentioned in subsection (1). 19 (5) However, the Minister may cancel a licence only after the end of 20 28 days after the date of the reviewable decision notice. 21 (6) The cancellation of a licence under this section takes effect on-- 22 (a) the day the reviewable decision notice about the cancellation is 23 given to the licensee; or 24 (b) if the notice states a later date of effect--the stated date. 25 Note The decision to cancel a licence is a reviewable decision (see s 34), and 26 the Minister must give a reviewable decision notice to the licensee (see 27 s 34A). ACT Civil and Administrative Tribunal Legislation page 181 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.58 Intoxicated People (Care and Protection) Act 1994 Amendment [1.254] 1 [1.254] Section 23 (4) 2 substitute 3 (4) The cancellation of a licence under this section takes effect on-- 4 (a) the day the reviewable decision notice about the cancellation is 5 given to the licensee; or 6 (b) if the notice states a later date of effect--the stated date. 7 Note The decision to cancel a licence is a reviewable decision (see s 34), and 8 the Minister must give a reviewable decision notice to the licensee (see 9 s 34A). 10 [1.255] Part 6 11 substitute 12 Part 6 Notification and review of 13 decisions 14 34 Meaning of reviewable decision--pt 6 15 In this part: 16 reviewable decision means a decision mentioned in 17 schedule 1, column 3 under a provision of this Act mentioned in 18 column 2 in relation to the decision. 19 34A Reviewable decision notices 20 If the Minister makes a reviewable decision, the Minister must give 21 a reviewable decision notice to each entity mentioned in schedule 1, 22 column 4 in relation to the decision. 23 Note 1 The Minister must also take reasonable steps to give a reviewable 24 decision notice to any other person whose interests are affected by the 25 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). page 182 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Intoxicated People (Care and Protection) Act 1994 Part 1.58 Amendment [1.256] 1 Note 2 The requirements for reviewable decision notices are prescribed under 2 the ACT Civil and Administrative Tribunal Act 2008. 3 35 Applications for review 4 The following may apply to the ACAT for review of a reviewable 5 decision: 6 (a) an entity mentioned in schedule 1, column 4 in relation to the 7 decision; 8 (b) any other person whose interests are affected by the decision. 9 Note If a form is approved under the ACT Civil and Administrative Tribunal 10 Act 2008 for the application, the form must be used. 11 [1.256] New schedule 1 12 insert 13 Schedule 1 Reviewable decisions 14 (see pt 6) column 1 column 2 column 3 column 4 item section decision entity 1 16 (1) not satisfied in applicant relation to s 16 (1) (a) or (b) in relation to applicant 2 21 (1) impose further licensee condition on licence 3 22 (1) suspend licence licensee ACT Civil and Administrative Tribunal Legislation page 183 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.58 Intoxicated People (Care and Protection) Act 1994 Amendment [1.257] column 1 column 2 column 3 column 4 item section decision entity 4 22 (4) or 23 cancel licence licensee (1) 5 37 refuse to approve entity entity as provider of first-aid courses 1 [1.257] Dictionary, note 2, dot points 2 omit 3 · administrative appeals tribunal 4 substitute 5 · ACAT 6 [1.258] Dictionary, note 2, new dot point 7 insert 8 · reviewable decision notice 9 [1.259] Dictionary, new definition of reviewable decision 10 insert 11 reviewable decision, for part 6 (Notification and review of 12 decisions)--see section 34. page 184 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Lakes Act 1976 Part 1.59 Amendment [1.260] 1 Part 1.59 Lakes Act 1976 2 [1.260] Part 6 heading and section 51 3 substitute 4 Part 6 Notification and review of 5 decisions 6 51 Meaning of reviewable decision--pt 6 7 In this part: 8 reviewable decision means a decision of the Minister mentioned in 9 schedule 2, column 3 under a provision of this Act mentioned in 10 column 2 in relation to the decision. 11 51AA Reviewable decision notices 12 If the Minister makes a reviewable decision, the Minister must give 13 a reviewable decision notice to each entity mentioned in schedule 2, 14 column 4 in relation to the decision. 15 Note 1 The Minister must also take reasonable steps to give a reviewable 16 decision notice to any other person whose interests are affected by the 17 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 18 Note 2 The requirements for reviewable decision notices are prescribed under 19 the ACT Civil and Administrative Tribunal Act 2008. 20 51AB Applications for review 21 The following may apply to the ACAT for review of a reviewable 22 decision: 23 (a) an entity mentioned in schedule 2, column 4 in relation to the 24 decision; ACT Civil and Administrative Tribunal Legislation page 185 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.59 Lakes Act 1976 Amendment [1.261] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 Part 7 Miscellaneous 5 [1.261] New schedule 2 6 insert 7 Schedule 2 Reviewable decisions 8 (see pt 6) column 1 column 2 column 3 column 4 item section decision entity 1 14 (2) make determination of owner of land compensation 2 19 (1) refuse to approve applicant for approval anchoring of buoy or erecting of wharf or jetty 3 19 (1) impose conditions on applicant for approval approval to anchor buoy or erect wharf or jetty 4 25 refuse to grant permit to applicant for permit moor boat 5 26 (1) refuse to authorise use applicant for of power boat authorisation 6 26 (1) impose conditions on applicant for power boat authorisation authorisation page 186 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Lakes Act 1976 Part 1.59 Amendment [1.262] column 1 column 2 column 3 column 4 item section decision entity 7 26 (2) impose further entity that holds conditions on power authorisation boat authorisation 8 26 (2) vary or revoke condition entity that holds imposed on power boat authorisation authorisation 9 26 (2) refuse to vary or revoke applicant for variation condition imposed on or revocation power boat authorisation 10 26 (3) revoke power boat entity that has authorisation authorisation revoked 11 29 (1) refuse to grant permit to applicant for permit use hovercraft 12 29 (1) impose conditions on applicant for permit permit to use hovercraft 1 [1.262] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.263] Dictionary, new definition of reviewable decision 6 insert 7 reviewable decision, for part 6 (Notification and review of 8 decisions)--see section 51. ACT Civil and Administrative Tribunal Legislation page 187 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.60 Land Rent Act 2008 Amendment [1.264] 1 Part 1.60 Land Rent Act 2008 2 [1.264] Section 34 3 substitute 4 34 Review of decisions by ACAT 5 (1) This section applies to a determination by the commissioner of an 6 objection to a decision mentioned in section 33. 7 (2) The determination is prescribed for the Taxation Administration 8 Act, section 107A (Meaning of reviewable decision etc--div 10.2). 9 Note Applications for review by the ACAT may be made in relation to a 10 determination by the commissioner of a decision on an objection to an 11 assessment. 12 [1.265] Dictionary, note 2, new dot point 13 insert 14 · ACAT 15 Part 1.61 Lands Acquisition Act 1994 16 [1.266] New section 37 (2A) 17 insert 18 (2A) A notice under subsection (2) must set out the reasons for the 19 Executive's decision. page 188 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Lands Acquisition Act 1994 Part 1.61 Amendment [1.267] 1 [1.267] Section 37 (4) to (6) 2 substitute 3 (4) The terms (including any amount payable in relation to occupation 4 on and after the date of acquisition) on which the person remains in 5 occupation of the land are the terms agreed by the Executive and the 6 person or, if they cannot agree, the terms decided by the Executive. 7 Note The Executive's decision is a reviewable decision (see s 104AA), and 8 the Executive must give a reviewable decision notice to the person (see 9 s 104AC). 10 [1.268] New section 56 (6) and (7) 11 insert 12 (6) The Executive must decide a claim within 42 days after the day the 13 claim is made. 14 (7) The claimant may agree in writing to an extension of the 42-day 15 period before the end of the period. 16 [1.269] Sections 59 to 64 17 substitute 18 59 Compensation for compulsory acquisition--Executive 19 must accept or reject claim 20 (1) If the Executive is satisfied that the interest in land stated in a claim 21 was acquired by compulsory process from the claimant, the 22 Executive must make an offer of compensation to the claimant that 23 the Executive considers the claimant is entitled to in accordance 24 with division 6.2 or division 6.3. 25 Note An offer is an internally reviewable decision (see s 104AA), and the 26 Executive must give an internal review notice to the claimant (see 27 s 104AB). ACT Civil and Administrative Tribunal Legislation page 189 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.61 Lands Acquisition Act 1994 Amendment [1.269] 1 (2) The internal review notice about the offer of compensation must 2 include a statement-- 3 (a) that the claim is accepted; and 4 (b) about how the compensation offered is worked out. 5 (3) If the Executive does not consider that the interest in land stated in 6 the claim was acquired by compulsory process from the claimant, 7 the Executive must reject the claim. 8 Note The decision to reject a claim is a reviewable decision (see s 104AA), 9 and the Executive must give a reviewable decision notice to the 10 claimant (see s 104AC). 11 (4) If the Executive has not given an internal review notice or 12 reviewable decision notice to the claimant within the 42-day period 13 mentioned in section 56 (6), the Executive is taken to have rejected 14 the claim. 15 60 Effect of ACAT decision 16 (1) If the ACAT confirms the Executive's decision to reject a claim for 17 compensation, the interest stated in the claim is taken, for this Act, 18 not to have been acquired from the claimant by compulsory process. 19 (2) If the ACAT sets aside the Executive's decision to reject a claim for 20 compensation, and accepts the claim, the interest stated in the claim 21 is taken, for this Act, to have been acquired from the claimant by 22 compulsory process. 23 61 Consequences of not seeking ACAT review of decision to 24 reject claim 25 (1) This section applies if the Executive rejects a claim for 26 compensation and-- 27 (a) the claimant does not make an application to the ACAT in 28 relation to the rejection within the period required under the 29 ACT Civil and Administrative Tribunal Act 2008; or page 190 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Lands Acquisition Act 1994 Part 1.61 Amendment [1.269] 1 Note Requirements for applications to the ACAT, including when an 2 application must be made, are prescribed under the ACT Civil and 3 Administrative Tribunal Act 2008 (see s 10). 4 (b) each of the following applies: 5 (i) the claimant makes an application to the ACAT in 6 relation to the rejection within the period required under 7 the ACT Civil and Administrative Tribunal Act 2008; 8 (ii) the ACAT confirms the decision; 9 (iii) it is at least 30 days since the ACAT made its decision, 10 and no appeal in relation to the decision has been made to 11 the Supreme Court. 12 (2) The Executive may pay compensation under this part on the basis 13 that the claimant was not, at the time of the acquisition to which the 14 claim relates, entitled to the interest the subject of the claim. 15 (3) If compensation is paid in relation to an interest that is inconsistent 16 with the interest (the subject interest) the subject of the claim, no 17 compensation is payable in relation to the subject interest. 18 62 Compensation for compulsory acquisition--claimant may 19 accept or reject Executive's offer 20 (1) This section applies if the Executive makes an offer of 21 compensation to a claimant under section 59 (1). 22 (2) The claimant may, by written notice given to the Executive-- 23 (a) accept the offer of compensation; or 24 (b) reject the offer of compensation, tell the Executive the amount 25 of compensation that the claimant considers the claimant is 26 entitled to, and state how the amount is worked out. ACT Civil and Administrative Tribunal Legislation page 191 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.61 Lands Acquisition Act 1994 Amendment [1.269] 1 63 Compensation for compulsory acquisition--Executive to 2 reconsider offer and make final offer 3 (1) If the Executive receives a notice under section 62 (2) (b), the 4 Executive must-- 5 (a) reconsider the amount of compensation within 2 months (the 6 2-month period) after the day the Executive receives the 7 notice; and 8 (b) consider the information included in the notice; and 9 (c) make a final offer of compensation to the claimant that the 10 Executive considers the claimant is entitled to in accordance 11 with division 6.2 or 6.3. 12 Note A final offer is a reviewable decision (see s 104AA), and the Executive 13 must give a reviewable decision notice to the claimant (see s 104AC). 14 (2) The reviewable decision notice about the final offer of 15 compensation must include a statement about how the compensation 16 offered is worked out. 17 (3) If the Executive has not given a reviewable decision notice to the 18 claimant within the 2-month period-- 19 (a) the internal review notice given to the claimant in relation to 20 the claim is taken to be a reviewable decision notice given to 21 the claimant on the last day of the 2-month period; and 22 (b) the offer of compensation made in the internal review notice is 23 taken to be a final offer of compensation. 24 64 Compensation for compulsory acquisition--claimant may 25 accept or reject Executive's final offer 26 (1) This section applies if a person has received, or is taken to have 27 received, a final offer of compensation. 28 (2) The person may accept or reject the final offer by notice in writing 29 given to the Executive. page 192 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Lands Acquisition Act 1994 Part 1.61 Amendment [1.270] 1 [1.270] Section 67 2 omit 3 [1.271] Section 68 4 omit 5 under section 67 6 substitute 7 to the ACAT 8 [1.272] Section 72 (2) (b) 9 substitute 10 (b) because of a decision of the ACAT, the interest is taken, for 11 this Act, to have been acquired from the person by compulsory 12 process. 13 Note See s 60 (2) (Effect of ACAT decision). 14 [1.273] New section 82 (6) and (7) 15 insert 16 (6) The Executive must decide a claim within 42 days after the day the 17 claim is made. 18 (7) The claimant may agree in writing to an extension of the 42-day 19 period before the end of the period. ACT Civil and Administrative Tribunal Legislation page 193 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.61 Lands Acquisition Act 1994 Amendment [1.274] 1 [1.274] Sections 83 to 87 2 substitute 3 83 Executive must accept or reject claim 4 (1) If the Executive is satisfied that compensation in accordance with 5 this part is payable to a claimant for compensation in relation to the 6 loss to which the claim relates, the Executive must make an offer of 7 compensation to the claimant that the Executive considers the 8 claimant is entitled to in accordance with division 7.1. 9 Note An offer is an internally reviewable decision (see s 104AA), and the 10 Executive must give an internal review notice to the claimant (see 11 s 104AB). 12 (2) The internal review notice about the offer of compensation must 13 include a statement-- 14 (a) that the claim is accepted; and 15 (b) about how the compensation offered is worked out. 16 (3) If the Executive does not consider that compensation in accordance 17 with this part is payable to a claimant for compensation in relation 18 to the loss suffered, particulars of which were included in the claim, 19 the Executive must reject the claim. 20 Note The decision to reject a claim is a reviewable decision (see s 104AA), 21 and the Executive must give a reviewable decision notice to the 22 claimant (see s 104AC). 23 (4) If the Executive has not given an internal review notice or 24 reviewable decision notice to the claimant within the 42-day period 25 mentioned in section 82 (6), the Executive is taken to have rejected 26 the claim. 27 84 Claimant may accept or reject Executive's offer 28 (1) This section applies if the Executive makes an offer of 29 compensation to a claimant under section 83 (1). page 194 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Lands Acquisition Act 1994 Part 1.61 Amendment [1.274] 1 (2) The claimant may, by written notice given to the Executive-- 2 (a) accept the offer of compensation; or 3 (b) reject the offer of compensation, tell the Executive the amount 4 of compensation that the claimant considers the claimant is 5 entitled to, and state how the amount is worked out. 6 85 Executive to reconsider offer and make final offer 7 (1) If the Executive receives a notice under section 84 (2) (b), the 8 Executive must-- 9 (a) reconsider the amount of compensation within 2 months (the 10 2-month period) after the day the Executive receives the 11 notice; and 12 (b) consider the information included in the notice; and 13 (c) make a final offer of compensation to the claimant that the 14 Executive considers the claimant is entitled to in accordance 15 with division 7.1. 16 Note A final offer is a reviewable decision (see s 104AA), and the Executive 17 must give a reviewable decision notice to the claimant (see s 104AC). 18 (2) The reviewable decision notice about the final offer of 19 compensation must include a statement about how the compensation 20 offered is worked out. 21 (3) If the Executive has not given a reviewable decision notice to the 22 claimant within the 2-month period-- 23 (a) the internal review notice given to the claimant in relation to 24 the claim is taken to be a reviewable decision notice given to 25 the claimant on the last day of the 2-month period; and 26 (b) the offer of compensation made in the internal review notice is 27 taken to be a final offer of compensation. ACT Civil and Administrative Tribunal Legislation page 195 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.61 Lands Acquisition Act 1994 Amendment [1.275] 1 86 Claimant may accept or reject Executive's final offer 2 (1) This section applies if a person has received, or is taken to have 3 received, a final offer of compensation. 4 (2) The person may accept or reject the final offer by notice in writing 5 given to the Executive. 6 [1.275] Section 89 7 omit 8 [1.276] Section 90 9 omit 10 under section 89 11 substitute 12 to the ACAT 13 [1.277] Section 96A (i) 14 substitute 15 (i) a reference in section 109 (Award of costs in ACAT 16 proceeding) to the Executive were a reference to a utility; 17 and 18 [1.278] Section 102 (5) and (6) 19 omit 20 [1.279] Section 102 (7) 21 substitute 22 (7) If the former owner makes an application to the ACAT, the 23 acquiring authority must not dispose of the interest to a person other 24 than the former owner-- page 196 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Lands Acquisition Act 1994 Part 1.61 Amendment [1.280] 1 (a) until the end of 14 days after the day the ACAT's decision on 2 the application takes effect; or 3 (b) if, within the 14-day period, the owner gives the Executive 4 written notice of the owner's wish to buy the interest from the 5 Commonwealth at the market value decided by the ACAT-- 6 until the end of 2 months after the day the ACAT's decision on 7 the application takes effect. 8 [1.280] New part 9A 9 insert 10 Part 9A Notification and review of 11 decisions 12 104AA Definitions--pt 9A 13 In this part: 14 internally reviewable decision means a decision mentioned in 15 section 59 (1) or section 83 (1). 16 reviewable decision means a decision mentioned in 17 schedule 1, column 3 under a provision of this Act mentioned in 18 column 2 in relation to the decision. 19 104AB Internal review notices 20 If the Executive makes an internally reviewable decision, the 21 Executive must give an internal review notice only to the claimant. 22 Note The requirements for internal review notices are prescribed under the 23 ACT Civil and Administrative Tribunal Act 2008. ACT Civil and Administrative Tribunal Legislation page 197 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.61 Lands Acquisition Act 1994 Amendment [1.281] 1 104AC Reviewable decision notices 2 If the Executive makes a reviewable decision, the Executive must 3 give a reviewable decision notice only to each entity mentioned in 4 schedule 1, column 4 in relation to the decision. 5 Note The requirements for reviewable decision notices are prescribed under 6 the ACT Civil and Administrative Tribunal Act 2008. 7 104AD Applications for review 8 An entity mentioned in schedule 1, column 4 in relation to a 9 reviewable decision may apply to the ACAT for review of the 10 decision. 11 Note If a form is approved under the ACT Civil and Administrative Tribunal 12 Act 2008 for the application, the form must be used. 13 [1.281] Section 109 14 substitute 15 109 Award of costs in ACAT proceeding 16 (1) This section applies in relation to an ACAT proceeding on 17 application under this Act. 18 (2) The ACAT may recommend to the Attorney-General that the 19 Executive should pay all or part of the costs of the applicant or 20 anyone else made a party to the proceeding. 21 (3) The Attorney-General may, in accordance with a recommendation 22 of the ACAT under subsection (2), authorise the payment to a 23 person of all or part of the person's costs in relation to an ACAT 24 proceeding. page 198 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Lands Acquisition Act 1994 Part 1.61 Amendment [1.282] 1 [1.282] New schedule 1 2 insert 3 Schedule 1 Reviewable decisions 4 (see pt 9A) column 1 column 2 column 3 column 4 item section decision entity 1 37 (4) terms on person to remain in occupation which person of land remains in occupation of land 2 59 (3) reject claim claimant 3 63 (1) (c) or make final claimant (3) offer 4 83 (3) reject claim claimant 5 85 (1) (c) or make final claimant (3) offer 6 102 (2) amount stated former owner as market value 5 [1.283] Dictionary, note 2, dot points 6 omit 7 · administrative appeals tribunal 8 substitute 9 · ACAT ACT Civil and Administrative Tribunal Legislation page 199 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.62 Land Tax Act 2004 Amendment [1.284] 1 [1.284] Dictionary, note 2, new dot point 2 insert 3 · reviewable decision notice 4 [1.285] Dictionary, new definitions 5 insert 6 internally reviewable decision, for part 9A (Notification and review 7 of decisions)--see section 104AA. 8 internal review notice--see the ACT Civil and Administrative 9 Tribunal Act 2008, section 67B (1). 10 reviewable decision, for part 9A (Notification and review of 11 decisions)--see section 104AA. 12 Part 1.62 Land Tax Act 2004 13 [1.286] Section 39 14 substitute 15 39 Review of decisions by ACAT 16 (1) This section applies to a determination by the commissioner of an 17 objection to a decision mentioned in section 38. 18 (2) The determination is prescribed for the Taxation Administration 19 Act, section 107A (Meaning of reviewable decision etc--div 10.2). 20 Note Applications for review by the ACAT may be made in relation to a 21 determination by the commissioner of a decision on an objection to an 22 assessment. page 200 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Legal Aid Act 1977 Part 1.63 Amendment [1.287] 1 [1.287] Dictionary, note 2, dot points 2 omit 3 · AAT 4 substitute 5 · ACAT 6 Part 1.63 Legal Aid Act 1977 7 [1.288] Section 60 (3) and (4) 8 omit 9 [1.289] Section 60A 10 substitute 11 60A Review of decision to remove from office 12 (1) This section applies to a decision (the reviewable decision) of the 13 commission to remove a statutory officer from office under 14 section 60. 15 (2) The commission must give a reviewable decision notice to the 16 statutory officer. 17 Note 1 The person must also take reasonable steps to give a reviewable 18 decision notice to any other whose interests are affected by the decision 19 (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 20 Note 2 The requirements for reviewable decision notices are prescribed under 21 the ACT Civil and Administrative Tribunal Act 2008. 22 (3) The following people may apply to the ACAT for review of the 23 reviewable decision: 24 (a) the statutory officer; ACT Civil and Administrative Tribunal Legislation page 201 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.64 Legal Profession Act 2006 Amendment [1.290] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 [1.290] Section 92AA (c) 5 substitute 6 (c) in response to a subpoena under the ACT Civil and 7 Administrative Tribunal Act, section 41 (Powers in relation to 8 witnesses etc) in relation to an application to the ACAT under 9 the Legal Profession Act 2006. 10 [1.291] Dictionary, note 2, new dot points 11 insert 12 · ACAT 13 · reviewable decision notice 14 Part 1.64 Legal Profession Act 2006 15 [1.292] Section 253 (5) 16 substitute 17 (5) Subject to any regulation made under subsection (2) (c) or (d), the 18 law society must, in accordance with the Attorney-General's written 19 request, pay an amount from the account to the ACAT trust account. 20 [1.293] Dictionary, new definition of ACAT trust account 21 insert 22 ACAT trust account--see the ACT Civil and Administrative 23 Tribunal Act 2008, section 115B (2). 24 [1.294] Dictionary, definition of disciplinary tribunal trust 25 account 26 omit page 202 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Legal Profession Regulation 2007 Part 1.65 Amendment [1.295] 1 Part 1.65 Legal Profession Regulation 2 2007 3 [1.295] Section 14 (1) (e) and (f) 4 substitute 5 (e) the holder fails to comply with an order of the ACAT under the 6 Act, section 425 (5) (b), (c), (d), (e) or (h) (ACAT orders-- 7 Australian legal practitioners); 8 (f) the holder fails to comply with an order of the ACAT under the 9 Act, section 429 (a) or (b) (ACAT orders--employees of 10 solicitors). 11 Part 1.66 Legislation Act 2001 12 [1.296] Section 177 13 substitute 14 177 Recovery of amounts owing under laws 15 If an amount is owing under a law to a person (the creditor) by 16 another person (the debtor), the creditor may recover the amount as 17 a debt owing by the debtor to the creditor in a court of competent 18 jurisdiction or the ACAT. 19 [1.297] Dictionary, part 1, definitions of AAT and administrative 20 appeals tribunal 21 omit ACT Civil and Administrative Tribunal Legislation page 203 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.67 Legislative Assembly (Members' Superannuation) Act 1991 Amendment [1.298] 1 Part 1.67 Legislative Assembly (Members' 2 Superannuation) Act 1991 3 [1.298] Part 4 4 substitute 5 Part 4 Notification and review of 6 decisions 7 19 Definitions--pt 4 8 In this part: 9 internally reviewable decision means a decision of the board under 10 this Act. 11 internal review notice--see the ACT Civil and Administrative 12 Tribunal Act 2008, section 67B (1). 13 reviewable decision means a decision of the board-- 14 (a) in relation to an internally reviewable decision; or 15 (b) to refuse to extend the period for applying for reconsideration 16 of a decision under section 21 (3). 17 20 Internal review notices 18 If the board makes an internally reviewable decision, the board must 19 give an internal review notice to each entity that has interests 20 affected by the decision. 21 Note The requirements for internal review notices are prescribed under the 22 ACT Civil and Administrative Tribunal Act 2008. page 204 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Legislative Assembly (Members' Superannuation) Act 1991 Part 1.67 Amendment [1.298] 1 21 Applications for reconsideration 2 (1) An entity that has interests affected by a reviewable decision may 3 apply to the board for reconsideration of the decision. 4 (2) The application must-- 5 (a) be in writing; and 6 (b) state the applicant's name and address; and 7 (c) set out the applicant's reasons for making the application. 8 (3) The application must be given to the secretary of the board within-- 9 (a) 30 days after the day the applicant is given the internal review 10 statement; or 11 (b) a longer period allowed by the board before or after the end of 12 the 30-day period. 13 21A Reconsideration 14 The board must, within 30 days after the board receives the 15 application for reconsideration-- 16 (a) confirm the decision; or 17 (b) vary the decision; or 18 (c) set aside the decision and substitute its own decision. 19 21B Reviewable decision notices 20 If the board makes a reviewable decision, the board must give a 21 reviewable decision notice to each entity that must be given an 22 internal review notice. 23 Note 1 The board must also take reasonable steps to give a reviewable decision 24 notice to anyone whose interests are affected by the decision (see ACT 25 Civil and Administrative Tribunal Act 2008, s 67A). ACT Civil and Administrative Tribunal Legislation page 205 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.67 Legislative Assembly (Members' Superannuation) Act 1991 Amendment [1.299] 1 Note 2 The requirements for reviewable decision notices are prescribed under 2 the ACT Civil and Administrative Tribunal Act 2008. 3 21C Applications to ACAT 4 The following may apply to the ACAT for review of a reviewable 5 decision: 6 (a) an entity that is given a reviewable decision notice; 7 (b) any other person whose interests are affected by the decision. 8 Note If a form is approved under the ACT Civil and Administrative Tribunal 9 Act 2008 for the application, the form must be used. 10 [1.299] Dictionary, note 2, dot points 11 omit 12 · administrative appeals tribunal 13 substitute 14 · ACAT 15 [1.300] Dictionary, note 2, new dot point 16 insert 17 · reviewable decision notice 18 [1.301] Dictionary, new definitions 19 insert 20 internally reviewable decision, for part 4 (Notification and review 21 of decisions)--see section 19. 22 internal review notice, for part 4 (Notification and review of 23 decisions)--see section 19. 24 reviewable decision, for part 4 (Notification and review of 25 decisions)--see section 19. page 206 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Liquor Act 1975 Part 1.68 Amendment [1.302] 1 Part 1.68 Liquor Act 1975 2 [1.302] Sections 25 (11), definition of approved analyst, 28 (5) 3 and 31 (8) 4 omit 5 registrar 6 substitute 7 commissioner 8 Part 1.69 Liquor Regulation 1979 9 [1.303] Section 3A 10 omit 11 registrar 12 substitute 13 commissioner 14 Part 1.70 Litter Act 2004 15 [1.304] Section 21 (5) 16 substitute 17 (5) Also, the notice must state-- 18 (a) that the person may apply under the ACT Civil and 19 Administrative Tribunal Act 2008, section 22B for a reasons 20 statement for the decision to give the notice; and 21 (b) that the person may apply to the ACAT for review of the 22 decision; and 23 (c) how to make the application; and ACT Civil and Administrative Tribunal Legislation page 207 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.70 Litter Act 2004 Amendment [1.305] 1 (d) the options available under ACT laws to have the decision 2 reviewed by a court or the ombudsman. 3 (5A) However, the notice need not comply with any other requirements 4 for reviewable decision notices under the ACT Civil and 5 Administrative Tribunal Act 2008, section 67A. 6 [1.305] Section 22 (3) 7 omit 8 administrative appeals tribunal 9 substitute 10 ACAT 11 [1.306] Section 24 12 substitute 13 24 ACAT review of notice under s 21 14 A person to whom a notice is given under section 21 (Notice to 15 remove litter) may apply to the ACAT for review of the decision of 16 the authorised person or police officer to give the notice. 17 [1.307] Dictionary, note 2, new dot points 18 insert 19 · ACAT 20 · reviewable decision notice page 208 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Long Service Leave Act 1976 Part 1.71 Amendment [1.308] 1 Part 1.71 Long Service Leave Act 1976 2 [1.308] Sections 13F and 13G 3 substitute 4 13F Internal review by registrar 5 (1) An employer may apply to the registrar for review of a requirement 6 made of the employer under section 13E. 7 (2) The application must-- 8 (a) be in writing; and 9 (b) state the applicant's name and address; and 10 (c) set out the applicant's reasons for making the application. 11 Note If a form is approved under s 17 for the application, the form must be 12 used. 13 (3) The registrar must-- 14 (a) confirm the requirement; or 15 (b) vary the requirement; or 16 (c) set aside the requirement. 17 (4) If the registrar makes a decision under subsection (3), the registrar 18 must give an internal review notice only to the applicant. 19 Note The requirements for internal review notices are prescribed under the 20 ACT Civil and Administrative Tribunal Act 2008. 21 (5) In this section: 22 internal review notice--see the ACT Civil and Administrative 23 Tribunal Act 2008, section 67B (1). ACT Civil and Administrative Tribunal Legislation page 209 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.72 Long Service Leave (Building and Construction Industry) Act 1981 Amendment [1.309] 1 13G Review by ACAT 2 (1) This section applies if the registrar makes a decision under 3 section 13F (3) in relation to an employer. 4 (2) The registrar must give a reviewable decision notice only to the 5 employer. 6 Note The requirements for reviewable decision notices are prescribed under 7 the ACT Civil and Administrative Tribunal Act 2008. 8 (3) The employer may apply to the ACAT for review of the decision. 9 Note If a form is approved under the ACT Civil and Administrative Tribunal 10 Act 2008 for the application, the form must be used. 11 [1.309] Dictionary, note 2, new dot points 12 insert 13 · ACAT 14 · reviewable decision notice 15 Part 1.72 Long Service Leave (Building 16 and Construction Industry) Act 17 1981 18 [1.310] Section 58 (2), note 19 substitute 20 Note The governing board's decision to fix another amount under s 57 (5) (b) 21 is a reviewable decision (see s 79C, def reviewable decision), and the 22 board must give a reviewable decision notice to the worker and, if the 23 worker is an employee, the worker's employer (see s 79D). page 210 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Long Service Leave (Building and Construction Industry) Act 1981 Part 1.72 Amendment [1.311] 1 [1.311] New part 8B 2 insert 3 Part 8B Notification and review of 4 decisions 5 79C Definitions--pt 8B 6 In this part: 7 decision-maker, for a reviewable decision, means an entity 8 mentioned in schedule 1, column 5 for the decision. 9 reviewable decision means a decision mentioned in 10 schedule 1, column 3 under a provision of this Act mentioned in 11 column 2 in relation to the decision. 12 79D Reviewable decision notices 13 If a decision-maker makes a reviewable decision, the 14 decision-maker must give a reviewable decision notice only to-- 15 (a) each entity mentioned in schedule 1, column 4 in relation to the 16 decision; and 17 (b) any other person prescribed by regulation. 18 Note The requirements for reviewable decision notices are prescribed under 19 the ACT Civil and Administrative Tribunal Act 2008. 20 79E Applications for review 21 The following may apply to the ACAT for review of a reviewable 22 decision: 23 (a) an entity mentioned in schedule 1, column 4 in relation to the 24 decision; ACT Civil and Administrative Tribunal Legislation page 211 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.72 Long Service Leave (Building and Construction Industry) Act 1981 Amendment [1.312] 1 (b) any other person prescribed by regulation. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 [1.312] Sections 80 and 81 5 omit 6 [1.313] Schedule 1 7 substitute 8 Schedule 1 Reviewable decisions 9 (see pt 8B) column 1 column 2 column 3 column 4 column 5 item section decision entity decision- maker 1 31 (1) (b) refuse to allow employer registrar additional time for application for registration by employer 2 32 (2) (b) refuse to register applicant for registrar person as an registration employer 3 41 (4) (a) confirm applicant governing registrar's board decision to refuse to register person as worker page 212 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Long Service Leave (Building and Construction Industry) Act 1981 Part 1.72 Amendment [1.313] column 1 column 2 column 3 column 4 column 5 item section decision entity decision- maker 4 43 (2) refuse to credit employee governing employee with board prior service 5 43 (2) amount of prior employee governing service credited board 6 44 (b) refuse to credit contractor governing contractor with board prior service 7 44 (b) amount of prior contractor governing service credited board 8 45 (1) (b) refuse to allow employer registrar employer additional time for giving return to authority 9 48 (3) refuse to remit employer registrar all or part of amount to employer 10 49 (2) refuse to exempt employer governing employer from board levy 11 51 (1) (b) refuse to allow registered registrar registered contractor contractor additional time for giving return to authority ACT Civil and Administrative Tribunal Legislation page 213 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.72 Long Service Leave (Building and Construction Industry) Act 1981 Amendment [1.313] column 1 column 2 column 3 column 4 column 5 item section decision entity decision- maker 12 57 (5) (b) fix another · worker governing amount as the · if the worker board total ordinary is an remuneration of employee-- worker for the worker's quarter employer 13 61 (4) refuse to credit employee registrar period of service 14 62 (6) (b) refuse to direct person governing registrar to re- board register person 15 65 (2) allow, or refuse · worker governing to allow, · if the worker board objection to is an matter in employee-- certificate given the worker's to worker under employer s 63 16 65 (2) allow, or refuse · employer governing to allow, · employee to board objection to whom matter in objection certificate given relates to employer under s 64 17 69 refuse to allow applicant governing additional period board page 214 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Long Service Leave (Building and Construction Industry) Act 1981 Part 1.72 Amendment [1.314] column 1 column 2 column 3 column 4 column 5 item section decision entity decision- maker 18 70 (3) not satisfied that applicant governing section applies board to applicant 19 71 (2) not satisfied that applicant governing applicant board entitled to long service leave 20 72 (6) not satisfied that applicant governing applicant board entitled to payment instead of long service leave 21 87A (3) not satisfied that employer governing (b) amount paid by board employer properly paid 1 [1.314] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.315] Dictionary, new definitions 6 insert 7 decision-maker, for a reviewable decision, for part 8B (Notification 8 and review of decisions)--see section 79C. 9 reviewable decision, for part 8B (Notification and review of 10 decisions)--see section 79C. ACT Civil and Administrative Tribunal Legislation page 215 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.73 Long Service Leave (Contract Cleaning Industry) Act 1999 Amendment [1.316] 1 Part 1.73 Long Service Leave (Contract 2 Cleaning Industry) Act 1999 3 [1.316] Section 62 (2), note 4 substitute 5 Note The governing board's decision to fix another amount under s 61 (5) (b) 6 is a reviewable decision (see s 83C, def reviewable decision), and the 7 board must give a reviewable decision notice to the worker and, if the 8 worker is an employee, the worker's employer (see s 83D). 9 [1.317] New part 8B 10 insert 11 Part 8B Notification and review of 12 decisions 13 83C Definitions--pt 8B 14 In this part: 15 decision-maker, for a reviewable decision, means an entity 16 mentioned in schedule 1, column 5 for the decision. 17 reviewable decision means a decision mentioned in 18 schedule 1, column 3 under a provision of this Act mentioned in 19 column 2 in relation to the decision. 20 83D Reviewable decision notices 21 If a decision-maker makes a reviewable decision, the 22 decision-maker must give a reviewable decision notice only to-- 23 (a) each entity mentioned in schedule 1, column 4 in relation to the 24 decision; and page 216 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Long Service Leave (Contract Cleaning Industry) Act 1999 Part 1.73 Amendment [1.318] 1 (b) any other person prescribed by regulation. 2 Note The requirements for reviewable decision notices are prescribed under 3 the ACT Civil and Administrative Tribunal Act 2008. 4 83E Applications for review 5 The following may apply to the ACAT for review of a reviewable 6 decision: 7 (a) an entity mentioned in schedule 1, column 4 in relation to the 8 decision; 9 (b) any other person prescribed by regulation. 10 Note If a form is approved under the ACT Civil and Administrative Tribunal 11 Act 2008 for the application, the form must be used. 12 [1.318] Sections 84 and 85 13 omit 14 [1.319] Schedule 1 15 substitute 16 Schedule 1 Reviewable decisions 17 (see pt 8B) column 1 column 2 column 3 column 4 column 5 item section decision entity decision-maker 1 33 (1) refuse to allow employer registrar (b) additional time for application for registration by employer ACT Civil and Administrative Tribunal Legislation page 217 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.73 Long Service Leave (Contract Cleaning Industry) Act 1999 Amendment [1.319] column 1 column 2 column 3 column 4 column 5 item section decision entity decision-maker 2 35 (2) refuse to applicant for registrar (b) register person registration as an employer 3 42 (3) direct registrar applicant governing (b) to refuse to board register applicant as worker 4 44 (3) confirm applicant governing (a) registrar's board decision to refuse to register applicant as worker 5 45 (2) direct registrar person governing to register board person as worker 6 47 (2) refuse to credit employee governing employee with board prior service 7 47 (2) amount of prior employee governing service credited board 8 48 (b) refuse to credit contractor governing contractor with board prior service 9 48 (b) amount of prior contractor governing service credited board page 218 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Long Service Leave (Contract Cleaning Industry) Act 1999 Part 1.73 Amendment [1.319] column 1 column 2 column 3 column 4 column 5 item section decision entity decision-maker 10 49 (1) refuse to allow employer registrar (b) employer additional time for giving return to authority 11 52 (3) refuse to remit employer registrar all or part of amount to employer 12 53 (2) refuse to employer governing exempt board employer from levy 13 55 (1) refuse to allow registered registrar (b) registered contractor contractor additional time for giving return to authority 14 61 (5) fix another · worker governing (b) amount as the · if the worker board total ordinary is an remuneration of employee-- worker for the worker's quarter employer 15 66 (5) refuse to direct person governing (b) registrar to re- board register person ACT Civil and Administrative Tribunal Legislation page 219 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.73 Long Service Leave (Contract Cleaning Industry) Act 1999 Amendment [1.319] column 1 column 2 column 3 column 4 column 5 item section decision entity decision-maker 16 69 (2) allow, or refuse · worker governing to allow, · if the worker board objection to is an matter in employee-- certificate given the worker's to worker under employer s 67 17 69 (2) allow, or refuse · employer governing to allow, · employee to board objection to whom matter in objection certificate given relates to employer under s 68 18 73 refuse to allow applicant governing additional board period 19 74 (3) not satisfied applicant governing that section board applies to applicant 20 75 (2) not satisfied applicant governing that applicant board entitled to long service leave page 220 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Long Service Leave (Contract Cleaning Industry) Act 1999 Part 1.73 Amendment [1.320] column 1 column 2 column 3 column 4 column 5 item section decision entity decision-maker 21 76 (6) not satisfied applicant governing that applicant board entitled to payment instead of long service leave 22 91 (6) not satisfied employer governing that amount board paid by employer was properly paid 1 [1.320] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.321] Dictionary, new definitions 6 insert 7 decision-maker, for a reviewable decision, for part 8B (Notification 8 and review of decisions)--see section 83C. 9 reviewable decision, for part 8B (Notification and review of 10 decisions)--see section 83C. ACT Civil and Administrative Tribunal Legislation page 221 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.74 Magistrates Court Act 1930 Amendment [1.322] 1 Part 1.74 Magistrates Court Act 1930 2 [1.322] New section 266A 3 in part 4.2, insert 4 266A Civil disputes under ACT Civil and Administrative 5 Tribunal Act 6 (1) A proceeding may not be started in the Magistrates Court in relation 7 to-- 8 (a) a common boundaries determination; or 9 (b) another civil dispute if an amount of not more than $10 000 is 10 claimed, or sought to be declared as a debt, whether or not any 11 other relief is also sought. 12 (2) In this section: 13 civil dispute--see the ACT Civil and Administrative Tribunal 14 Act 2008, section 16. 15 common boundaries determination--see the ACT Civil and 16 Administrative Tribunal Act 2008, section 15. 17 Note An application may be made to the ACAT for civil disputes (see the 18 ACT Civil and Administrative Act 2008, pt 4). The ACAT has, in 19 relation to civil disputes, the same jurisdiction and powers as the 20 Magistrates Court (see the ACT Civil and Administrative Tribunal 21 Act 2008, s 22). page 222 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Motor Sport (Public Safety) Act 2006 Part 1.75 Amendment [1.323] 1 Part 1.75 Motor Sport (Public Safety) Act 2 2006 3 [1.323] Part 4 4 substitute 5 Part 4 Notification and review of 6 decisions 7 32 Meaning of reviewable decision--pt 4 8 In this part: 9 reviewable decision means a decision of the Minister mentioned in 10 schedule 1, column 3 under a provision of this Act mentioned in 11 column 2 in relation to the decision. 12 33 Reviewable decision notices 13 If the Minister makes a reviewable decision, the Minister must give 14 a reviewable decision notice to each entity mentioned in schedule 1, 15 column 4 in relation to the decision. 16 Note 1 The Minister must also take reasonable steps to give a reviewable 17 decision notice to any other person whose interests are affected by the 18 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 19 Note 2 The requirements for reviewable decision notices are prescribed under 20 the ACT Civil and Administrative Tribunal Act 2008. 21 33A Applications for review 22 The following may apply to the ACAT for review of a reviewable 23 decision: 24 (a) an entity mentioned in schedule 1, column 4 in relation to the 25 decision; ACT Civil and Administrative Tribunal Legislation page 223 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.75 Motor Sport (Public Safety) Act 2006 Amendment [1.324] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 [1.324] New schedule 1 5 insert 6 Schedule 1 Reviewable decisions 7 (see pt 4) column 1 column 2 column 3 column 4 item section decision entity 1 9 refuse to issue licence applicant for licence 2 10 impose conditions on applicant for licence licence 3 11 refuse to renew licence applicant for renewal 4 16 take disciplinary action licensee 5 17 suspend licence entity that has licence suspended 8 [1.325] Dictionary, note 2, dot points 9 omit 10 · AAT 11 [1.326] Dictionary, note 2, new dot points 12 insert 13 · ACAT 14 · reviewable decision notice page 224 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Nature Conservation Act 1980 Part 1.76 Amendment [1.327] 1 [1.327] Dictionary, new definition of reviewable decision 2 insert 3 reviewable decision, for part 4 (Notification and review of 4 decisions)--see section 32. 5 Part 1.76 Nature Conservation Act 1980 6 [1.328] Part 12 7 substitute 8 Part 12 Notification and review of 9 decisions 10 114 Meaning of reviewable decision--pt 12 11 In this part: 12 reviewable decision means a decision mentioned in 13 schedule 1, column 3 under a provision of this Act mentioned in 14 column 2 in relation to the decision. 15 115 Reviewable decision notices 16 If the conservator makes a reviewable decision, the conservator 17 must give a reviewable decision notice to each entity mentioned in 18 schedule 1, column 4 in relation to the decision. 19 Note 1 The conservator must also take reasonable steps to give a reviewable 20 decision notice to any other person whose interests are affected by the 21 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 22 Note 2 The requirements for reviewable decision notices are prescribed under 23 the ACT Civil and Administrative Tribunal Act 2008. ACT Civil and Administrative Tribunal Legislation page 225 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.76 Nature Conservation Act 1980 Amendment [1.329] 1 116 Applications for review 2 The following may apply to the ACAT for review of a reviewable 3 decision: 4 (a) an entity mentioned in schedule 1, column 4 in relation to the 5 decision; 6 (b) any other person whose interests are affected by the decision. 7 Note If a form is approved under the ACT Civil and Administrative Tribunal 8 Act 2008 for the application, the form must be used. 9 [1.329] New schedule 1 10 insert 11 Schedule 1 Reviewable decisions 12 (see pt 12) column 1 column 2 column 3 column 4 item section decision entity 1 60 give directions occupier of land given directions 2 61 give directions owner of animal or plant given directions 3 63 restrict access to entity (including entity reserved area or part of within class) restricted reserved area from accessing area 4 63 prohibit access to entity that has interests reserved area or part of affected by prohibition reserved area 5 67 (1), (2) refuse to grant consent entity that seeks or (3) consent page 226 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Nature Conservation Act 1980 Part 1.76 Amendment [1.330] column 1 column 2 column 3 column 4 item section decision entity 6 68 (1) refuse to grant consent entity that seeks consent 7 104 (1) (a) grant licence entity that has interests affected by licence 8 104 (1) (b) refuse to grant licence applicant for licence 9 104 (2) (a) grant licence subject to applicant for licence conditions 10 104 (2) (b) grant licence for stated applicant for licence duration 11 105 (5) vary licence condition entity that has licence varied 12 110 cancel licence entity that has licence cancelled 1 [1.330] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.331] Dictionary, new definition of reviewable decision 6 insert 7 reviewable decision, for part 12 (Notification and review of 8 decisions)--see section 114. ACT Civil and Administrative Tribunal Legislation page 227 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.77 Occupational Health and Safety Act 1989 Amendment [1.332] 1 Part 1.77 Occupational Health and Safety 2 Act 1989 3 [1.332] Section 9 4 substitute 5 9 Exemptions 6 (1) The Minister may on application exempt any of the following from 7 complying with any or all provisions of this Act: 8 (a) an employer; 9 (b) a class of employers; 10 (c) an employee; 11 (d) a class of employees; 12 (e) a workplace; 13 (f) a class of workplace. 14 (2) An exemption is a disallowable instrument. 15 Note A disallowable instrument must be notified, and presented to the 16 Legislative Assembly, under the Legislation Act. 17 (3) If the Minister refuses to grant an exemption under subsection (1) 18 (a), (c) or (e), the Minister must give the applicant a reviewable 19 decision notice. 20 Note 1 The Minister must also take reasonable steps to give a reviewable 21 decision notice to any other person whose interests are affected by the 22 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 23 Note 2 The requirements for reviewable decision notices are prescribed under 24 the ACT Civil and Administrative Tribunal Act 2008. page 228 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Occupational Health and Safety Act 1989 Part 1.77 Amendment [1.333] 1 (4) The following people may apply to the ACAT for review of a 2 decision by the Minister to refuse an application for an exemption: 3 (a) a person who is given a reviewable decision notice under 4 subsection (3); 5 (b) any other person whose interests are affected by the decision. 6 Note If a form is approved under the ACT Civil and Administrative Tribunal 7 Act 2008 for the application, the form must be used. 8 [1.333] Section 186 (5) 9 substitute 10 (5) The notice must be in accordance with the requirements for a 11 reviewable decision notice. 12 Note The requirements for reviewable decision notices are prescribed under 13 the ACT Civil and Administrative Tribunal Act 2008. 14 [1.334] Dictionary, note 2, new dot points 15 insert 16 · ACAT 17 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 229 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.78 Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000 Amendment [1.335] 1 Part 1.78 Occupational Health and Safety 2 (Certification of Plant Users and 3 Operators) Regulation 2000 4 [1.335] Part 5 5 substitute 6 Part 5 Notification and review of 7 decisions 8 29 Meaning of reviewable decision--pt 5 9 In this part: 10 reviewable decision means a decision mentioned in schedule 3, 11 column 3 under a provision of this regulation mentioned in 12 column 2 in relation to the decision. 13 29A Reviewable decision notices 14 If a person makes a reviewable decision, the chief executive must 15 give a reviewable decision notice to each entity mentioned in 16 schedule 3, column 4 in relation to the decision. 17 Note 1 The person must also take reasonable steps to give a reviewable 18 decision notice to any other person whose interests are affected by the 19 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 20 Note 2 The requirements for reviewable decision notices are prescribed under 21 the ACT Civil and Administrative Tribunal Act 2008. page 230 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Occupational Health and Safety (Certification of Plant Users and Part 1.78 Operators) Regulation 2000 Amendment [1.336] 1 30 Applications for review 2 The following may apply to the ACAT for review of a reviewable 3 decision: 4 (a) an entity mentioned in schedule 3, column 4 in relation to the 5 decision; 6 (b) any other person whose interests are affected by the decision. 7 Note If a form is approved under the ACT Civil and Administrative 8 Tribunal Act 2008 for the application, the form must be used. 9 [1.336] Schedule 3 10 substitute 11 Schedule 3 Reviewable decisions 12 (see pt 5) column 1 column 2 column 3 column 4 item section decision entity 1 7 assessor who is applicant for public employee assessment refuses to issue satisfactory assessment 2 12 (1) (c) refuse to issue applicant for certificate of certificate competency 3 12 (1) (c) refuse to vary applicant for certificate of endorsement competency to include endorsement ACT Civil and Administrative Tribunal Legislation page 231 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.78 Occupational Health and Safety (Certification of Plant Users and Operators) Regulation 2000 Amendment [1.336] column 1 column 2 column 3 column 4 item section decision entity 4 13 include condition in applicant for certificate of certificate or competency certificate holder 5 21 (1) (c) refuse to accredit applicant for person as assessor accreditation 6 21 (1) (c) refuse to vary applicant for certificate of endorsement accreditation to include endorsement 7 22 include condition in applicant for certificate of certificate or accreditation certificate holder 8 27 (1) suspend or cancel entity that has certificate of certificate competency or suspended or endorsement cancelled 9 27 (2) suspend or cancel entity that has certificate of certificate accreditation or suspended or endorsement cancelled 10 28 (1) immediately entity that has suspending certificate certificate of suspended accreditation or endorsement page 232 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Occupational Health and Safety (Certification of Plant Users and Part 1.78 Operators) Regulation 2000 Amendment [1.337] column 1 column 2 column 3 column 4 item section decision entity 11 28 (1) immediately entity that has suspend certificate certificate of competency or suspended endorsement 12 32 (2) (b) refuse to give applicant for exemption exemption 1 [1.337] Dictionary, note 2, dot points 2 omit 3 · administrative appeals tribunal 4 substitute 5 · ACAT 6 [1.338] Dictionary, note 2, new dot point 7 insert 8 · reviewable decision notice 9 [1.339] Dictionary, definition of reviewable decision 10 omit 11 part 5 (Review of decisions) 12 substitute 13 part 5 (Notification and review of decisions) ACT Civil and Administrative Tribunal Legislation page 233 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.79 Ombudsman Act 1989 Amendment [1.340] 1 Part 1.79 Ombudsman Act 1989 2 [1.340] Section 5 (2) (o) 3 omit 4 [1.341] Section 6B (1) (c) 5 omit 6 [1.342] Section 12 (6) 7 substitute 8 (6) In this section: 9 prescribed tribunal means-- 10 (a) the ACAT; or 11 (b) any other tribunal prescribed by regulation. 12 [1.343] Section 13 13 substitute 14 13 Referring questions to ACAT 15 (1) This section applies if the ombudsman investigates the taking of 16 action under a power under an enactment. 17 (2) The ombudsman may recommend to the relevant principal officer 18 that a stated question in relation to the taking of action or exercise of 19 power be referred to the ACAT for an advisory opinion. 20 (3) The ombudsman may make the recommendation-- 21 (a) by giving the recommendation to the principal officer at any 22 time before the completion of the investigation by the 23 ombudsman; or page 234 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Payroll Tax Act 1987 Part 1.80 Amendment [1.344] 1 (b) by including the recommendation in a report made by the 2 ombudsman to the relevant agency under section 18 after the 3 completion of the investigation. 4 (4) If the ombudsman makes a recommendation to the principal officer, 5 the principal officer must refer the question stated in the 6 recommendation to the ACAT. 7 (5) The ACAT may give the principal officer an advisory opinion on 8 the stated question. 9 [1.344] Dictionary, note 2, new dot point 10 insert 11 · ACAT 12 Part 1.80 Payroll Tax Act 1987 13 [1.345] Part 4 heading and sections 19 and 20 14 substitute 15 Part 4 Notification and review of 16 decisions 17 19 Meaning of reviewable decision--pt 4 18 In this part: 19 reviewable decision means a decision mentioned in schedule 3, 20 column 3 under a provision of this Act mentioned in column 2 in 21 relation to the decision. ACT Civil and Administrative Tribunal Legislation page 235 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.80 Payroll Tax Act 1987 Amendment [1.345] 1 20 Reviewable decision notices 2 If the commissioner makes a reviewable decision, the commissioner 3 must give a reviewable decision notice to each entity mentioned in 4 schedule 3, column 4 in relation to the decision. 5 Note 1 The commissioner must also take reasonable steps to give a reviewable 6 decision notice to any other person whose interests are affected by the 7 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 8 Note 2 The requirements for reviewable decision notices are prescribed under 9 the ACT Civil and Administrative Tribunal Act 2008. 10 20A Applications for review 11 The following may apply to the ACAT for review of a reviewable 12 decision: 13 (a) an entity mentioned in schedule 3, column 4 in relation to the 14 decision; 15 (b) any other person whose interests are affected by the decision. 16 Note If a form is approved under the ACT Civil and Administrative 17 Tribunal Act 2008 for the application, the form must be used. 18 Part 5 Miscellaneous page 236 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Payroll Tax Act 1987 Part 1.80 Amendment [1.346] 1 [1.346] New schedule 3 2 insert 3 Schedule 3 Reviewable decisions 4 (see pt 4) column 1 column 2 column 3 column 4 item section decision entity 1 3Q (1) refuse to determine that person who seeks person is not member of determination group 2 3Q (5) revoke determination that person who has person is not member of determination group revoked 3 4 (3) or (6) determine that service party to contract contract was entered into with intention either directly or indirectly of avoiding or evading payment of tax 4 4 (4) (d) determine part of amount party to contract not attributable to performance of work 5 5 disregard agreement, party to agreement, transaction or arrangement transaction or arrangement 6 9AB refuse to approve entity as applicant for group training organisation approval 7 17 refuse to give, or revoke, applicant for notice about time within variation which return to be lodged ACT Civil and Administrative Tribunal Legislation page 237 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.80 Payroll Tax Act 1987 Amendment [1.347] column 1 column 2 column 3 column 4 item section decision entity 8 18 refuse to grant, or cancel, applicant for exemption certificate exemption certificate 9 18 impose or vary conditions in employer that has relation to exemption conditions imposed certificate or varied in relation to exemption certificate 1 [1.347] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.348] Dictionary, new definition of reviewable decision 6 insert 7 reviewable decision, for part 4 (Notification and review of 8 decisions)--see section 19. page 238 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Pest Plants and Animals Act 2005 Part 1.81 Amendment [1.349] 1 Part 1.81 Pest Plants and Animals Act 2 2005 3 [1.349] Part 6 4 substitute 5 Part 6 Notification and review of 6 decisions 7 49 Meaning of reviewable decision--pt 6 8 In this part: 9 reviewable decision means a decision mentioned in 10 schedule 1, column 3 under a provision of this Act mentioned in 11 column 2 in relation to the decision. 12 50 Reviewable decision notices 13 If a person makes a reviewable decision, the person must give a 14 reviewable decision notice to each entity mentioned in schedule 1, 15 column 4 in relation to the decision. 16 Note 1 The person must also take reasonable steps to give a reviewable 17 decision notice to any other person whose interests are affected by the 18 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 19 Note 2 The requirements for reviewable decision notices are prescribed under 20 the ACT Civil and Administrative Tribunal Act 2008. 21 50A Applications for review 22 The following people may apply to the ACAT for review of a 23 reviewable decision: 24 (a) an entity mentioned in schedule 1, column 4 in relation to the 25 decision; ACT Civil and Administrative Tribunal Legislation page 239 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.81 Pest Plants and Animals Act 2005 Amendment [1.350] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 [1.350] New schedule 1 5 insert 6 Schedule 1 Reviewable decisions 7 (see pt 6) column 1 column 2 column 3 column 4 item section decision entity 1 14 refuse to issue applicant for permit permit 2 14 issue permit applicant for permit subject to condition 3 23 refuse to issue applicant for permit permit 4 23 issue permit applicant for permit subject to condition 5 25 give pest person to whom direction management given direction 8 [1.351] Dictionary, note 2, new dot points 9 insert 10 · ACAT 11 · reviewable decision notice page 240 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Planning and Development Regulation 2008 Part 1.82 Amendment [1.352] 1 [1.352] Dictionary, definition of reviewable decision 2 substitute 3 reviewable decision, for part 6 (Notification and review of 4 decisions)--see section 49. 5 Part 1.82 Planning and Development 6 Regulation 2008 7 [1.353] Sections 350 and 351 8 substitute 9 350 Merit track decisions exempt from third-party ACAT 10 review--Act, sch 1, item 4, col 2, par (b) 11 A development application in relation to a matter mentioned in 12 schedule 3 (Matters exempt from third-party ACAT review), 13 part 3.2 (Merit track matters exempt from third-party ACAT review) 14 is exempt. 15 351 Impact track decisions exempt from third-party ACAT 16 review--Act, sch 1, item 6, col 2 17 A development application in relation to a matter mentioned in 18 schedule 3 (Matters exempt from third-party ACAT review), 19 part 3.3 (Impact track matters exempt from third-party ACAT 20 review) is exempt. 21 [1.354] Dictionary, note 2, new dot point 22 insert 23 · ACAT ACT Civil and Administrative Tribunal Legislation page 241 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.83 Public Advocate Act 2005 Amendment [1.355] 1 [1.355] Further amendments, mentions of AAT 2 omit 3 AAT 4 substitute 5 ACAT 6 in 7 · schedule 3 heading 8 · schedule 3, part 3.2 and part 3.3 heading 9 · dictionary, definitions of Belconnen town centre, city centre, 10 corrections facility, Gungahlin town centre, town centre, 11 Tuggeranong town centre and Woden town centre. 12 Part 1.83 Public Advocate Act 2005 13 [1.356] Section 9 14 omit 15 guardianship tribunal 16 substitute 17 ACAT 18 [1.357] Section 10 (b) and (c) 19 substitute 20 (b) representing people with a disability at hearings before the 21 ACAT in relation to guardianship applications; 22 (c) representing forensic patients before the ACAT or a court; page 242 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Public Advocate Act 2005 Part 1.83 Amendment [1.358] 1 [1.358] Section 10 (h) 2 substitute 3 (h) acting as a guardian or manager when appointed by the ACAT; 4 [1.359] Section 10 (i) (iii) 5 substitute 6 (iii) the functions of the ACAT under the Guardianship and 7 Management of Property Act 1991; 8 [1.360] Section 11 (3) 9 substitute 10 (3) The public advocate must report to the ACAT about a matter before 11 the ACAT if asked by the ACAT. 12 [1.361] Section 12 (b) 13 substitute 14 (b) if a suitable person is found--apply to the ACAT for the 15 appointment of the person as guardian or manager. 16 [1.362] Dictionary, note 2, new dot point 17 insert 18 · ACAT 19 [1.363] Dictionary, note 2, dot points 20 omit 21 · guardianship tribunal 22 · mental health tribunal 23 [1.364] Dictionary, definition of forensic patient, paragraph (b) 24 substitute 25 (b) found by a court or the ACAT to be unfit to plead; or ACT Civil and Administrative Tribunal Legislation page 243 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.84 Public Health Regulation 2000 Amendment [1.365] 1 Part 1.84 Public Health Regulation 2000 2 [1.365] Section 48 3 substitute 4 48 Refusal of approval of access to registered information 5 (1) If the Minister refuses to approve a person under section 47 (2) 6 (the decision), the Minister must give a reviewable decision notice 7 to-- 8 (a) the chief health officer; and 9 (b) the person refused approval. 10 Note 1 The Minister must also take reasonable steps to give a reviewable 11 decision notice to any other person whose interests are affected by the 12 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 13 Note 2 The requirements for reviewable decision notices are prescribed under 14 the ACT Civil and Administrative Tribunal Act 2008. 15 (2) The following people may apply to the ACAT for review of the 16 decision: 17 (a) the person refused approval; 18 (b) any other person whose interests are affected by the decision. 19 [1.366] Dictionary, note 2, dot points 20 omit 21 · administrative appeals tribunal 22 [1.367] Dictionary, note 2, new dot points 23 insert 24 · ACAT 25 · reviewable decision notice page 244 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Race and Sports Bookmaking Act 2001 Part 1.85 Amendment [1.368] 1 Part 1.85 Race and Sports Bookmaking 2 Act 2001 3 [1.368] Section 7 (5), note 4 substitute 5 Note Under pt 10 (Notification and review of decisions), a decision to refuse 6 to issue a licence may, on application, be reconsidered by the 7 commission and reviewed by the ACAT. 8 [1.369] Section 8 (2), note 9 substitute 10 Note Under pt 10 (Notification and review of decisions), a decision to issue a 11 licence subject to a condition, or change a licence condition, may, on 12 application, be reconsidered by the commission and reviewed by the 13 ACAT. 14 [1.370] Section 10, note 15 substitute 16 Note Under pt 10 (Notification and review of decisions), a decision to issue a 17 licence for a shorter period than applied for may, on application, be 18 reconsidered by the commission and reviewed by the ACAT. 19 [1.371] Section 13 (5), note 20 substitute 21 Note Under pt 10 (Notification and review of decisions), a decision to refuse 22 to issue a licence may, on application, be reconsidered by the 23 commission and reviewed by the ACAT. 24 [1.372] Section 14 (2), note 25 substitute 26 Note Under pt 10 (Notification and review of decisions), a decision to issue a 27 licence subject to a condition, or change a licence condition, may, on 28 application, be reconsidered by the commission and reviewed by the 29 ACAT. ACT Civil and Administrative Tribunal Legislation page 245 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.85 Race and Sports Bookmaking Act 2001 Amendment [1.373] 1 [1.373] Section 16, note 2 substitute 3 Note Under pt 10 (Notification and review of decisions), a decision to issue a 4 licence for a shorter period than applied for may, on application, be 5 reconsidered by the commission and reviewed by the ACAT. 6 [1.374] Section 18 (4) 7 omit 8 AAT 9 substitute 10 ACAT 11 [1.375] Section 26 (7), note 12 substitute 13 Note Under pt 10 (Notification and review of decisions), a decision to refuse 14 to issue a licence may, on application, be reconsidered by the 15 commission and reviewed by the ACAT. 16 [1.376] Section 27 (2), note 17 substitute 18 Note Under pt 10 (Notification and review of decisions), a decision to issue a 19 licence subject to a condition, or change a licence condition, may, on 20 application, be reconsidered by the commission and reviewed by the 21 ACAT. 22 [1.377] Section 30, note 23 substitute 24 Note Under pt 10 (Notification and review of decisions), a decision to issue a 25 licence for a shorter period than applied for may, on application, be 26 reconsidered by the commission and reviewed by the ACAT. page 246 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Race and Sports Bookmaking Act 2001 Part 1.85 Amendment [1.378] 1 [1.378] Section 35 (5), note 2 substitute 3 Note Under pt 10 (Notification and review of decisions), a decision to refuse 4 to issue a licence may, on application, be reconsidered by the 5 commission and reviewed by the ACAT. 6 [1.379] Section 36 (2), note 7 substitute 8 Note Under pt 10 (Notification and review of decisions), a decision to issue a 9 licence subject to a condition, or change a licence condition, may, on 10 application, be reconsidered by the commission and reviewed by the 11 ACAT. 12 [1.380] Section 38, note 13 substitute 14 Note Under pt 10 (Notification and review of decisions), a decision to issue a 15 licence for a shorter period than applied for may, on application, be 16 reconsidered by the commission and reviewed by the ACAT. 17 [1.381] Section 40 (4) 18 omit 19 AAT 20 substitute 21 ACAT 22 [1.382] Section 41 (2), note 23 substitute 24 Note Under pt 10 (Notification and review of decisions), a decision not to 25 consider an application for a licence may, on application, be 26 reconsidered by the commission and reviewed by the ACAT. ACT Civil and Administrative Tribunal Legislation page 247 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.85 Race and Sports Bookmaking Act 2001 Amendment [1.383] 1 [1.383] Section 42 (1), note 2 substitute 3 Note Under pt 10 (Notification and review of decisions), a decision about 4 costs may, on application, be reconsidered by the commission and 5 reviewed by the ACAT. 6 [1.384] Section 43 (3), note 7 substitute 8 Note Under pt 10 (Notification and review of decisions), a decision to refuse 9 to issue a licence may, on application, be reconsidered by the 10 commission and reviewed by the ACAT. 11 [1.385] Section 44 (1), note 2 12 substitute 13 Note 2 Under pt 10 (Notification and review of decisions), a decision not to 14 issue a replacement licence may, on application, be reconsidered by the 15 commission and reviewed by the ACAT. 16 [1.386] Section 45 (2), note 17 substitute 18 Note Under pt 10 (Notification and review of decisions), a decision not to 19 reissue a licence may, on application, be reconsidered by the 20 commission and reviewed by the ACAT. 21 [1.387] Section 46 (4) 22 omit 23 AAT 24 substitute 25 ACAT page 248 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Race and Sports Bookmaking Act 2001 Part 1.85 Amendment [1.388] 1 [1.388] Section 49 (6), note 2 substitute 3 Note Under pt 10 (Notification and review of decisions), a decision to refuse 4 an approval may, on application, be reconsidered by the commission 5 and reviewed by the ACAT. 6 [1.389] Section 49 (7), note 7 substitute 8 Note Under pt 10 (Notification and review of decisions), a decision to refuse 9 an authorisation may, on application, be reconsidered by the 10 commission and reviewed by the ACAT. 11 [1.390] Section 50 (2), note 12 substitute 13 Note Under pt 10 (Notification and review of decisions), a decision to issue 14 an approval subject to a condition, or change an approval condition, 15 may, on application, be reconsidered by the commission and reviewed 16 by the ACAT. 17 [1.391] Section 51, note 18 substitute 19 Note Under pt 10 (Notification and review of decisions), a decision to issue 20 an approval for a shorter period than applied for may, on application, be 21 reconsidered by the commission and reviewed by the ACAT. 22 [1.392] Section 57 (3), note 23 substitute 24 Note Under pt 10 (Notification and review of decisions), a decision not to 25 accept a referral out of time may, on application, be reconsidered by the 26 commission and reviewed by the ACAT. ACT Civil and Administrative Tribunal Legislation page 249 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.85 Race and Sports Bookmaking Act 2001 Amendment [1.393] 1 [1.393] Section 58 (3), note 2 substitute 3 Note Under pt 10 (Notification and review of decisions), a decision to reject a 4 referral may, on application, be reconsidered by the commission and 5 reviewed by the ACAT. 6 [1.394] Section 60 (1), note 7 substitute 8 Note Under pt 10 (Notification and review of decisions), a decision to give a 9 direction may, on application, be reconsidered by the commission and 10 reviewed by the ACAT. 11 [1.395] Section 61 (2) to (4) 12 substitute 13 (2) If the bookmaker applies to the commission under section 82B 14 (Applications to commission) for reconsideration of the decision to 15 issue the direction, and the amount is confirmed or varied, the 16 bookmaker must pay the confirmed or varied amount within 28 days 17 after the day the bookmaker receives notice under section 83B 18 (Reviewable decision notices). 19 (3) If the bookmaker applies to the ACAT under section 84 20 (Applications to ACAT), the ACAT may, on application by the 21 bookmaker, direct that the bookmaker need not pay the amount, or a 22 stated part of the amount, until-- 23 (a) a stated date; or 24 (b) further direction by the ACAT. 25 (4) If the ACAT confirms or varies the amount, the bookmaker must 26 pay any unpaid part of the confirmed or varied amount within 27 28 days after the day the bookmaker receives notice of the ACAT's 28 decision, or any other period directed by the ACAT. page 250 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Race and Sports Bookmaking Act 2001 Part 1.85 Amendment [1.396] 1 [1.396] Section 62 (1), note 2 substitute 3 Note Under pt 10 (Notification and review of decisions), a decision to give a 4 direction may, on application, be reconsidered by the commission and 5 reviewed by the ACAT. 6 [1.397] Section 68 (1), note 2 7 substitute 8 Note 2 Under pt 10 (Notification and review of decisions), a decision to cancel 9 a licence may, on application, be reconsidered by the commission and 10 reviewed by the ACAT. 11 [1.398] Section 68 (7), note 12 substitute 13 Note Under pt 10 (Notification and review of decisions), a decision to take 14 disciplinary action may, on application, be reconsidered by the 15 commission and reviewed by the ACAT. 16 [1.399] Section 69 (1), note 17 substitute 18 Note Under pt 10 (Notification and review of decisions), a decision to take 19 disciplinary action may, on application, be reconsidered by the 20 commission and reviewed by the ACAT. 21 [1.400] Section 72 (2), note 22 substitute 23 Note Under pt 10 (Notification and review of decisions), a decision not to end 24 a licence suspension may, on application, be reconsidered by the 25 commission and reviewed by the ACAT. ACT Civil and Administrative Tribunal Legislation page 251 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.85 Race and Sports Bookmaking Act 2001 Amendment [1.401] 1 [1.401] Part 10 2 substitute 3 Part 10 Notification and review of 4 decisions 5 82 Definitions--pt 10 6 In this part: 7 internally reviewable decision means a decision mentioned in 8 schedule 1, column 3 under a provision of this Act mentioned in 9 column 2 in relation to the decision. 10 internal reviewer--see section 83. 11 internal review notice--see the ACT Civil and Administrative 12 Tribunal Act 2008, section 67B (1). 13 reviewable decision means a decision of the internal reviewer in 14 relation to an internally reviewable decision. 15 82A Internal review notices 16 If the commission makes an internally reviewable decision, the 17 commission must give an internal review notice to each entity 18 mentioned in schedule 1, column 4 in relation to the decision. 19 Note 1 The commission must also take reasonable steps to give an internal 20 review notice to any other person whose interests are affected by the 21 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67B). 22 Note 2 The requirements for internal review notices are prescribed under the 23 ACT Civil and Administrative Tribunal Act 2008. page 252 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Race and Sports Bookmaking Act 2001 Part 1.85 Amendment [1.401] 1 82B Applications to commission 2 (1) The following may apply to the commission for reconsideration of 3 an internally reviewable decision: 4 (a) an entity mentioned in schedule 1, column 4 in relation to the 5 decision; 6 (b) any other person whose interests are affected by the decision. 7 (2) The application must-- 8 (a) be in writing; and 9 (b) state the applicant's name and address; and 10 (c) set out the applicant's reasons for making the application. 11 Note If a form is approved under the Gambling and Racing Control Act 1999, 12 s 53D for the application, the form must be used. 13 (3) The application must be given to the commission-- 14 (a) within 28 days after the day the applicant is given the internal 15 review notice; or 16 (b) within any longer period allowed by the commission before or 17 after the end of the 28-day period. 18 83 Internal reviewer 19 The commission must arrange for a person (the internal reviewer) 20 who did not make the internally reviewable decision to reconsider 21 the decision. 22 83A Reconsideration by internal reviewer 23 (1) The internal reviewer for an internally reviewable decision must 24 reconsider the decision. ACT Civil and Administrative Tribunal Legislation page 253 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.85 Race and Sports Bookmaking Act 2001 Amendment [1.401] 1 (2) The reconsideration must happen within 28 days (the 28-day period) 2 after the day the commission receives the application for 3 reconsideration of the internally reviewable decision. 4 (3) The internal reviewer must-- 5 (a) confirm the decision; or 6 (b) vary the decision; or 7 (c) set aside the decision and substitute the reviewer's own 8 decision. 9 (4) If the decision is not varied or set aside within the 28-day period, the 10 decision is taken to have been confirmed by the internal reviewer. 11 83B Reviewable decision notices 12 If the internal reviewer makes a reviewable decision, the internal 13 reviewer must give a reviewable decision notice to each entity 14 required to be given an internal review notice in relation to the 15 decision. 16 Note 1 The internal reviewer must also take reasonable steps to give a 17 reviewable decision notice to any other person whose interests are 18 affected by the decision (see ACT Civil and Administrative Tribunal 19 Act 2008, s 67A). 20 Note 2 The requirements for reviewable decision notices are prescribed by 21 regulation under the ACT Civil and Administrative Tribunal Act 2008. 22 84 Applications to ACAT 23 The following may apply to the ACAT for review of a reviewable 24 decision: 25 (a) an entity that is given a reviewable decision notice; 26 (b) any other person whose interests are affected by the decision. 27 Note If a form is approved under the ACT Civil and Administrative Tribunal 28 Act 2008 for the application, the form must be used. page 254 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Race and Sports Bookmaking Act 2001 Part 1.85 Amendment [1.402] 1 [1.402] Section 85 (2) 2 omit 3 AAT 4 substitute 5 ACAT 6 [1.403] Section 91 (2), note 7 substitute 8 Note Under pt 10 (Notification and review of decisions), a decision to amend, 9 or not to amend, the nature or amount of a security guarantee may, on 10 application, be reconsidered by the commission and reviewed by the 11 ACAT. 12 [1.404] Schedule 1 13 substitute 14 Schedule 1 Internally reviewable decisions 15 (see pt 10) column 1 column 2 column 3 column 4 item section decision entity 1 7 (5), refuse to issue applicant for licence 13 (5), licence 26 (7), 35 (5) or 43 2 8 (1), issue licence subject applicant for licence 14 (1), to condition 27 (1) or 36 (1) ACT Civil and Administrative Tribunal Legislation page 255 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.85 Race and Sports Bookmaking Act 2001 Amendment [1.404] column 1 column 2 column 3 column 4 item section decision entity 3 8 (2), change licence licensee 14 (2), condition 27 (2) or 36 (2) 4 10, 16, 30 issue licence for applicant for licence or 38 shorter period than applied for 5 41 (2) not to consider applicant for licence application for licence 6 42 about costs of applicant for licence application 7 44 not to issue licensee replacement licence 8 45 (2) not to reissue licence licensee 9 49 (6) refuse to issue applicant for approval approval 10 49 (7) refuse authorisation approval holder 11 50 (1) issue approval applicant for approval subject to condition 12 50 (2) change approval approval holder condition 13 51 issue approval for applicant for approval shorter period than applied for 14 57 (3) not to accept referral backer making referral out of time page 256 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Race and Sports Bookmaking Act 2001 Part 1.85 Amendment [1.405] column 1 column 2 column 3 column 4 item section decision entity 15 58 (3) reject referral backer making referral 16 60 (1) or give direction entity to whom direction 62 (1) given 17 68 (1) cancel licence entity whose licence cancelled 18 68 (7) or take disciplinary licensee 69 (1) action 19 72 (1) or (2) not to end licence licensee suspension 20 91 (2) amend, or not bookmaker whose amend, nature or security guarantee amount of security affected guarantee 1 [1.405] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.406] Dictionary, new definitions 6 insert 7 internally reviewable decision, for part 10 (Notification and review 8 of decisions)--see section 82. 9 internal reviewer, for part 10 (Notification and review of 10 decisions)--see section 83. 11 internal review notice, for part 10 (Notification and review of 12 decisions)--see the ACT Civil and Administrative Tribunal 13 Act 2008, section 67B (1). ACT Civil and Administrative Tribunal Legislation page 257 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.86 Racing Act 1999 Amendment [1.407] 1 [1.407] Dictionary, definition of primary decision 2 omit 3 [1.408] Dictionary, new definition of reviewable decision 4 insert 5 reviewable decision, for part 10 (Notification and review of 6 decisions)--see section 82. 7 Part 1.86 Racing Act 1999 8 [1.409] New section 20 (4) 9 insert 10 (4) The Legislation Act, section 254A (Delegation by Minister) does 11 not apply to a function under this section. 12 [1.410] New section 26 (4) 13 insert 14 (4) The Legislation Act, section 254A (Delegation by Minister) does 15 not apply to a function under this section. 16 [1.411] New section 32 (4) 17 insert 18 (4) The Legislation Act, section 254A (Delegation by Minister) does 19 not apply to a function under this section. page 258 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Racing Act 1999 Part 1.86 Amendment [1.412] 1 [1.412] Part 6 heading and sections 62 and 63 2 substitute 3 Part 6 Notification and review of 4 decisions 5 62 Meaning of reviewable decision--pt 6 6 In this part: 7 reviewable decision means a decision of the commission mentioned 8 in schedule 3, column 3 under a provision of this Act mentioned in 9 column 2 in relation to the decision. 10 63 Reviewable decision notices 11 If a person makes a reviewable decision, the person must give a 12 reviewable decision notice to each entity mentioned in schedule 3, 13 column 4 in relation to the decision. 14 Note 1 The person must also take reasonable steps to give a reviewable 15 decision notice to any other person whose interests are affected by the 16 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 17 Note 2 The requirements for reviewable decision notices are prescribed under 18 the ACT Civil and Administrative Tribunal Act 2008. 19 64 Applications for review 20 The following people may apply to the ACAT for review of a 21 reviewable decision: 22 (a) an entity mentioned in schedule 3, column 4 in relation to the 23 decision; 24 (b) any other person whose interests are affected by the decision. 25 Note If a form is approved under the ACT Civil and Administrative Tribunal 26 Act 2008 for the application, the form must be used. ACT Civil and Administrative Tribunal Legislation page 259 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.86 Racing Act 1999 Amendment [1.413] 1 Part 7 Miscellaneous 2 [1.413] New schedule 3 3 insert 4 Schedule 3 Reviewable decisions 5 (see pt 6) column 1 column 2 column 3 column 4 item section decision entity 1 6 (1) refuse to approve race applicant for approval meeting for purpose of betting 2 7 (2) impose requirement controlling body or about time and form ARO of publication of schedules 3 9 refuse to approve applicant for approval conduct of phantom race meeting 4 12 refuse to approve rules applicant for approval other than approved rules 6 [1.414] Dictionary, note 2, new dot points 7 insert 8 · ACAT 9 · reviewable decision notice page 260 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Radiation Protection Act 2006 Part 1.87 Amendment [1.415] 1 [1.415] Dictionary, new definition of reviewable decision 2 insert 3 reviewable decision, for part 6 (Notification and review of 4 decisions)--see section 62. 5 Part 1.87 Radiation Protection Act 2006 6 [1.416] Part 7 7 substitute 8 Part 7 Notification and review of 9 decisions 10 111 Meaning of reviewable decision--pt 7 11 In this part: 12 reviewable decision means a decision mentioned in 13 schedule 1, column 3 under a provision of this Act mentioned in 14 column 2 in relation to the decision. 15 112 Reviewable decision notices 16 If a person makes a reviewable decision, the person must give a 17 reviewable decision notice to each entity mentioned in schedule 1, 18 column 4 in relation to the decision. 19 Note 1 The person must also take reasonable steps to give a reviewable 20 decision notice to any other person whose interests are affected by the 21 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 22 Note 2 The requirements for reviewable decision notices are prescribed under 23 the ACT Civil and Administrative Tribunal Act 2008. ACT Civil and Administrative Tribunal Legislation page 261 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.87 Radiation Protection Act 2006 Amendment [1.417] 1 113 Applications for review 2 The following may apply to the ACAT for review of a reviewable 3 decision: 4 (a) an entity mentioned in schedule 1, column 4 in relation to the 5 decision; 6 (b) any other person whose interests are affected by the decision. 7 Note If a form is approved under the ACT Civil and Administrative Tribunal 8 Act 2008 for the application, the form must be used. 9 [1.417] New schedule 1 10 insert 11 Schedule 1 Reviewable decisions 12 (see pt 7) column 1 column 2 column 3 column 4 item section decision entity 1 17 (1) (b) refuse to issue applicant for licence licence 2 19 (b) impose licensee condition on licence 3 22 (1) amend licence licensee 4 23 (5) (b) refuse to applicant for amendment amend licence page 262 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Radiation Protection Act 2006 Part 1.87 Amendment [1.418] column 1 column 2 column 3 column 4 item section decision entity 5 26 (1) (b) refuse to applicant for registration register regulated radiation source 6 28 (b) impose holder of registration condition on registration of regulated radiation source 7 31 (1) amend holder of registration registration of regulated radiation source 8 32 (5) (b) refuse to applicant for amendment amend registration of regulated radiation source 9 36 take licensee disciplinary action 1 [1.418] Dictionary, note 2, dot points 2 omit 3 · AAT ACT Civil and Administrative Tribunal Legislation page 263 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.88 Rates Act 2004 Amendment [1.419] 1 [1.419] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.420] Dictionary, definition of reviewable decisions 6 substitute 7 reviewable decision, for part 7 (Notification and review of 8 decisions)--see section 111. 9 Part 1.88 Rates Act 2004 10 [1.421] Section 54 (2) (b) (ii) 11 substitute 12 (ii) either-- 13 (A) the period for applying under the ACT Civil and 14 Administrative Tribunal Act 2008 for review of the 15 decision has ended and no application has been 16 made; or 17 (B) an application has been made and the ACAT has 18 completed the review. 19 [1.422] Section 73 20 substitute 21 73 Review by ACAT 22 (1) This section applies to a determination by the commissioner of an 23 objection to a decision mentioned in section 70. page 264 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Residential Tenancies Act 1997 Part 1.89 Amendment [1.423] 1 (2) The determination is prescribed for the Taxation Administration 2 Act, section 107A (Meaning of reviewable decision etc--div 10.2). 3 Note Applications for review by the ACAT may be made in relation to a 4 determination by the commissioner of a decision on an objection to an 5 assessment. 6 [1.423] Dictionary, note 2, dot points 7 omit 8 · AAT 9 substitute 10 · ACAT 11 Part 1.89 Residential Tenancies Act 1997 12 [1.424] Section 28 13 substitute 14 28 Interest on amounts in trust account 15 (1) This section applies to interest from the investment of any amount 16 paid to the credit of the trust account under this part. 17 (2) The chief executive must pay the interest into the interest trust 18 account or the ACAT trust account. 19 Note The ACT Civil and Administrative Tribunal Act 2008, s 115C sets out 20 how amounts paid into the ACAT trust account may be used. 21 (3) The chief executive may transfer amounts from the interest trust 22 account to the ACAT trust account. 23 (4) Interest paid into the interest trust account may be applied for the 24 following purposes: 25 (a) providing lessor and tenant information programs; ACT Civil and Administrative Tribunal Legislation page 265 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.89 Residential Tenancies Act 1997 Amendment [1.425] 1 (b) providing dispute resolution services for residential tenancy 2 disputes; 3 (c) facilitating assistance in the provision of residential 4 accommodation, whether or not the accommodation is 5 provided under this Act; 6 (d) researching issues of concern to lessors and tenants; 7 (e) reimbursing the costs incurred by the commissioner in 8 instituting, defending or taking over proceedings in relation to 9 tenancy disputes; 10 (f) reimbursing the Territory the cost of administering this Act. 11 (5) In this section: 12 interest--see the Financial Management Act 1996, dictionary. 13 interest trust account means the trust bank account maintained by 14 the chief executive of the administrative unit responsible for 15 administering this Act in accordance with the Financial 16 Management Act 1996, section 51. 17 [1.425] Section 71GA (5), definition of applied provisions, 2nd 18 dot point 19 substitute 20 · section 28 (Interest on amounts in trust account) 21 [1.426] Dictionary, new definition of ACAT trust account 22 insert 23 ACAT trust account--see the ACT Civil and Administrative 24 Tribunal Act 2008, section 115B (2). page 266 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Roads and Public Places Act 1937 Part 1.90 Amendment [1.427] 1 Part 1.90 Roads and Public Places Act 2 1937 3 [1.427] Section 15G 4 substitute 5 15G Review by ACAT 6 (1) If the Minister makes a reviewable decision, the Minister must give 7 a reviewable decision notice to each entity mentioned in schedule 1, 8 column 4 in relation to the decision. 9 Note 1 The Minister must also take reasonable steps to give a reviewable 10 decision notice to any other person whose interests are affected by the 11 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 12 Note 2 The requirements for reviewable decision notices are prescribed under 13 the ACT Civil and Administrative Tribunal Act 2008. 14 (2) The following may apply to the ACAT for review of a reviewable 15 decision: 16 (a) an entity mentioned in schedule 1, column 4 in relation to the 17 decision; 18 (b) any other person whose interests are affected by the decision. 19 Note If a form is approved under the ACT Civil and Administrative Tribunal 20 Act 2008 for the application, the form must be used. 21 (3) In this section: 22 reviewable decision means a decision mentioned in 23 schedule 1, column 3 under a provision of this Act mentioned in 24 column 2 in relation to the decision. ACT Civil and Administrative Tribunal Legislation page 267 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.90 Roads and Public Places Act 1937 Amendment [1.428] 1 [1.428] New schedule 1 2 insert 3 Schedule 1 Reviewable decisions 4 (see s 15G) column 1 column 2 column 3 column 4 item section decision entity 1 15C (1) (b) refuse to grant applicant for permit permit 2 15D grant a permit applicant for permit subject to conditions 3 15F cancel permit entity that has permit cancelled 5 [1.429] Dictionary, note 2, new dot points 6 insert 7 · ACAT 8 · reviewable decision notice page 268 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (General) Act 1999 Part 1.91 Amendment [1.430] 1 Part 1.91 Road Transport (General) Act 2 1999 3 [1.430] Part 7 4 substitute 5 Part 7 Notification and review of 6 decisions 7 90 Definitions--pt 7 8 In this part: 9 CTP arbitrator means an arbitrator under the Road Transport 10 (Third-Party Insurance) Act 2008, section 45. 11 decision-maker means-- 12 (a) the Minister; or 13 (b) the road transport authority; or 14 (c) the chief police officer; or 15 (d) the CTP regulator; or 16 (e) a CTP arbitrator. 17 Note CTP regulator--see the Road Transport (Third-Party Insurance) 18 Act 2008, s 273 (see this Act, s 8). 19 internally reviewable decision means a decision prescribed by 20 regulation, other than a decision made personally by-- 21 (a) the Minister; or 22 (b) the chief police officer; or 23 (c) the CTP regulator; or ACT Civil and Administrative Tribunal Legislation page 269 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.91 Road Transport (General) Act 1999 Amendment [1.430] 1 (d) a CTP arbitrator. 2 internal reviewer--see section 92A. 3 internal review notice--see the ACT Civil and Administrative 4 Tribunal Act 2008, section 67B (1). 5 reviewable decision--see section 90A. 6 90A Meaning of reviewable decision etc--pt 7 7 (1) For this part, a reviewable decision is-- 8 (a) an internal reviewer's decision in relation to an internally 9 reviewable decision; or 10 (b) a decision-maker's decision (other than an internally 11 reviewable decision) prescribed by regulation. 12 (2) For the ACT Civil and Administrative Tribunal Act 2008, section 9 13 (Applications under authorising laws), the road transport legislation 14 is taken to be a single authorising law. 15 91 Internal review notices 16 If a decision-maker makes an internally reviewable decision, the 17 decision-maker must give an internal review notice to each person 18 affected by the decision. 19 Note 1 The decision-maker must also take reasonable steps to give an internal 20 review notice to any other person whose interests are affected by the 21 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67B). 22 Note 2 The requirements for internal review notices are prescribed under the 23 ACT Civil and Administrative Tribunal Act 2008. 24 91A Applications for internal review 25 (1) A person whose interests are affected by an internally reviewable 26 decision may apply to the decision-maker for review of the decision. page 270 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (General) Act 1999 Part 1.91 Amendment [1.430] 1 (2) The application must-- 2 (a) be in writing; and 3 (b) state the applicant's name and address; and 4 (c) set out the applicant's reasons for making the application. 5 Note If a form is approved under s 225 for the application, the form must be 6 used. 7 (3) The application must be given to the decision-maker within-- 8 (a) 28 days after the day the applicant is given the internal review 9 notice for the decision; or 10 (b) any longer period allowed by the decision-maker before or 11 after the end of the 28-day period. 12 Note Section 95 provides for ACAT review of reviewable decisions that are 13 not internally reviewable decisions. 14 92 Applications not stay internally reviewable decisions 15 The making of an application for review of an internally reviewable 16 decision does not affect the operation of the decision. 17 92A Internal reviewer 18 The decision-maker must arrange for a person (the internal 19 reviewer) who did not make the internally reviewable decision to 20 review the decision. 21 93 Review by internal reviewer 22 (1) The internal reviewer for an internally reviewable decision must 23 review the decision. 24 (2) The review must happen within 28 days (the 28-day period) after 25 the day the decision-maker receives the application for review of the 26 internally reviewable decision. ACT Civil and Administrative Tribunal Legislation page 271 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.91 Road Transport (General) Act 1999 Amendment [1.430] 1 (3) The internal reviewer must-- 2 (a) confirm the decision; or 3 (b) vary the decision; or 4 (c) set aside the decision and substitute the reviewer's own 5 decision. 6 (4) If the decision is not varied or set aside within the 28-day period, the 7 decision is taken to have been confirmed by the internal reviewer. 8 94 Reviewable decision notices 9 If an internal reviewer or decision-maker makes a reviewable 10 decision, the reviewer or decision-maker must give a reviewable 11 decision notice to each person affected by the decision. 12 Note 1 The internal reviewer or decision-maker must also take reasonable steps 13 to give a reviewable decision notice to any other person whose interests 14 are affected by the decision (see ACT Civil and Administrative Tribunal 15 Act 2008, s 67A). 16 Note 2 The requirements for reviewable decision notices are prescribed under 17 the ACT Civil and Administrative Tribunal Act 2008. 18 95 Applications for review 19 The following may apply to the ACAT for review of a reviewable 20 decision: 21 (a) for an internal reviewer's decision in relation to an internally 22 reviewable decision--a person to whom an internal review 23 notice is required to be given in relation to the decision; 24 (b) any other person whose interests are affected by the decision. 25 Note If a form is approved under the ACT Civil and Administrative Tribunal 26 Act 2008 for the application, the form must be used. page 272 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (General) Act 1999 Part 1.91 Amendment [1.431] 1 [1.431] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.432] Dictionary, new definition of CTP arbitrator 6 insert 7 CTP arbitrator, for part 7 (Notification and review of decisions)-- 8 see section 90. 9 [1.433] Dictionary, definition of decision-maker 10 substitute 11 decision-maker, for part 7 (Notification and review of decisions)-- 12 see section 90. 13 [1.434] Dictionary, new definition of internally reviewable 14 decision 15 insert 16 internally reviewable decision, for part 7 (Notification and review 17 of decisions)--see section 90. 18 [1.435] Dictionary, definition of internal reviewer 19 substitute 20 internal reviewer, for part 7 (Notification and review of 21 decisions)--see section 92A. 22 [1.436] Dictionary, new definition of internal review notice 23 insert 24 internal review notice for part 7 (Notification and review of 25 decisions)--see the ACT Civil and Administrative Tribunal 26 Act 2008, section 67B (1). ACT Civil and Administrative Tribunal Legislation page 273 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.92 Road Transport (General) Regulation 2000 Amendment [1.437] 1 [1.437] Dictionary, definition of reviewable decision 2 substitute 3 reviewable decision, for part 7 (Notification and review of 4 decisions)--see section 90A (1). 5 Part 1.92 Road Transport (General) 6 Regulation 2000 7 [1.438] Part 4 8 substitute 9 Part 4 Review of decisions 10 11 Internally reviewable decisions--Act, s 90, def internally 11 reviewable decision 12 A decision mentioned in schedule 1, column 3 under a provision 13 mentioned in column 2 in relation to the decision is prescribed. 14 12 Reviewable decisions--Act, s 90A (1), def reviewable 15 decision, par (b) 16 A decision mentioned in schedule 2, column 3 under a provision 17 mentioned in column 2 in relation to the decision is prescribed. 18 [1.439] Schedule 1 heading 19 substitute 20 Schedule 1 Internally reviewable decisions 21 (see s 11) page 274 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Public Passenger Services) Regulation 2002 Part 1.93 Amendment [1.440] 1 [1.440] Schedule 2 heading 2 substitute 3 Schedule 2 Reviewable decisions 4 (see s 12) 5 Part 1.93 Road Transport (Public 6 Passenger Services) Regulation 7 2002 8 [1.441] Section 323 (5) to (7) 9 substitute 10 (5) If the road transport authority decides to cancel or suspend the 11 service authority, disqualify the person from applying for a service 12 authority or impose or amend a condition on the service authority, 13 the internal review notice about the decision must include a 14 statement about when the cancellation, suspension, disqualification, 15 condition or condition as amended takes effect. 16 Note A decision to take action under this section is an internally reviewable 17 decision (see Road Transport (General) Act 1999, s 90, def internally 18 reviewable decision and Road Transport (General) Regulation 2000, 19 sch 1), and the road transport authority must give an internal review 20 notice to the person (see Road Transport (General) Act 1999, s 91). 21 (6) A cancellation, suspension, condition or condition as amended takes 22 effect on-- 23 (a) the 7th day after the day the internal review notice about the 24 cancellation, suspension or condition is given to the person; or ACT Civil and Administrative Tribunal Legislation page 275 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.94 Road Transport (Vehicle Registration) Regulation 2000 Amendment [1.442] 1 (b) if the notice states a later date of effect--the stated date. 2 Part 1.94 Road Transport (Vehicle 3 Registration) Regulation 2000 4 [1.442] Section 125 (4) to (6) 5 substitute 6 (4) If the road transport authority decides to cancel or suspend the 7 authorisation (completely or for a class of vehicles), or disqualify 8 the person from applying for authorisation (completely or for a class 9 of vehicles), the internal review notice about the decision must 10 include a statement about when the cancellation, suspension or 11 disqualification takes effect. 12 Note A decision to take action under this section is an internally reviewable 13 decision (see Road Transport (General) Act 1999, s 90, def internally 14 reviewable decision and Road Transport (General) Regulation 2000, 15 sch 1), and the road transport authority must give an internal review 16 notice to the person (see Road Transport (General) Act 1999, s 91). 17 (5) A cancellation or suspension takes effect on-- 18 (a) the 7th day after the day the internal review notice about the 19 cancellation or suspension is given to the person; or 20 (b) if the notice states a later date of effect--the stated date. page 276 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Road Transport (Vehicle Registration) Regulation 2000 Part 1.94 Amendment [1.443] 1 [1.443] Section 136 (4) to (6) 2 substitute 3 (4) If the road transport authority decides to cancel or suspend the 4 approval (completely or for a class of vehicles), or disqualify the 5 proprietor from applying for approval of premises (completely or for 6 a class of vehicles), the internal review notice must include a 7 statement about when the cancellation, suspension or 8 disqualification takes effect. 9 Note A decision to take action under this section is an internally reviewable 10 decision (see Road Transport (General) Act 1999, s 90, def internally 11 reviewable decision and Road Transport (General) Regulation 2000, 12 sch 1), and the road transport authority must give an internal review 13 notice to the proprietor (see Road Transport (General) Act 1999, s 91). 14 (5) A cancellation or suspension takes effect on-- 15 (a) the 7th day after the day the internal review notice about the 16 cancellation or suspension is given to the proprietor; or 17 (b) if the notice states a later date of effect--the stated date. ACT Civil and Administrative Tribunal Legislation page 277 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.95 Stock Act 2005 Amendment [1.444] 1 Part 1.95 Stock Act 2005 2 [1.444] Part 7 3 substitute 4 Part 7 Notification and review of 5 decisions 6 65 Meaning of reviewable decision--pt 7 7 In this part: 8 reviewable decision means a decision mentioned in 9 schedule 1, column 3 under a provision of this Act mentioned in 10 column 2 in relation to the decision. 11 66 Reviewable decision notices 12 If a person makes a reviewable decision, the person must give a 13 reviewable decision notice to each entity mentioned in schedule 1, 14 column 4 in relation to the decision. 15 Note 1 The person must also take reasonable steps to give a reviewable 16 decision notice to any other person whose interests are affected by the 17 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 18 Note 2 The requirements for reviewable decision notices are prescribed under 19 the ACT Civil and Administrative Tribunal Act 2008. 20 66A Applications for review 21 The following may apply to the ACAT for review of a reviewable 22 decision: 23 (a) an entity mentioned in schedule 1, column 4 in relation to the 24 decision; page 278 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Stock Act 2005 Part 1.95 Amendment [1.445] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 [1.445] New schedule 1 5 insert 6 Schedule 1 Reviewable decisions 7 (see pt 7) column 1 column 2 column 3 column 4 item section decision entity 1 7 determine lessee of land to which stock carrying determination relates capacity of land 2 16 refuse to applicant for registration register mark 3 19 cancel person who held registration registered mark 4 24 refuse to give applicant for approval approval to earmark large stock 8 [1.446] Dictionary, note 2, new dot points 9 insert 10 · ACAT 11 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 279 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.96 Supreme Court Act 1933 Amendment [1.447] 1 [1.447] Dictionary, definition of reviewable decision 2 substitute 3 reviewable decision, for part 7 (Notification and review of 4 decisions)--see section 65. 5 Part 1.96 Supreme Court Act 1933 6 [1.448] Section 37U (4) (h) 7 substitute 8 (h) a reference to the administrative appeals tribunal of the 9 Commonwealth were a reference to the ACAT; and 10 [1.449] Dictionary, note 2, new dot point 11 insert 12 · ACAT 13 Part 1.97 Taxation Administration Act 1999 14 [1.450] Section 8 (1), new note 15 insert 16 Note The commissioner's decision in relation to a tax avoidance scheme used 17 by a person is an internally reviewable decision (see s 107, 18 def internally reviewable decision), and the commissioner must give an 19 internal review notice to the person (see s 107B). 20 [1.451] Section 14 (1), note 21 substitute 22 Note An assessment is an internally reviewable decision (see s 107, def 23 internally reviewable decision), and the notice of assessment must be 24 an internal review notice (see s 107B). page 280 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Taxation Administration Act 1999 Part 1.97 Amendment [1.452] 1 [1.452] Section 29 (1), new note 2 insert 3 Note The commissioner's decision refusing to remit interest in accordance 4 with a taxpayer's application is a commissioner-reviewable decision 5 (see s 107, def commissioner-reviewable decision), and the 6 commissioner must give an internal review notice to the taxpayer (see 7 s 107B). 8 [1.453] Section 31, new note 9 insert 10 Note The commissioner's decision to impose penalty tax is an internally 11 reviewable decision (see s 107, def internally reviewable decision), and 12 the commissioner must give an internal review notice to the taxpayer 13 (see s 107B). 14 [1.454] Section 34, note 2 15 substitute 16 Note 2 The commissioner's decision to impose increased penalty tax is an 17 internally reviewable decision (see s 107, def internally reviewable 18 decision), and the commissioner must give an internal review notice to 19 the taxpayer (see s 107B). Note 3 Table 34 contains a summary of the effect of s 31 to s 34. 20 [1.455] Section 37, new note 21 insert 22 Note The commissioner's decision to refuse to remit penalty tax payable by a 23 person is an internally reviewable decision (see s 107, def internally 24 reviewable decision), and the commissioner must give an internal 25 review notice to the person (see s 107B). ACT Civil and Administrative Tribunal Legislation page 281 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.97 Taxation Administration Act 1999 Amendment [1.456] 1 [1.456] Section 40 (3), new note 2 insert 3 Note The commissioner's decision refusing to vary a period or time in 4 accordance with a taxpayer's application is a commissioner-reviewable 5 decision (see s 107, def commissioner-reviewable decision), and the 6 commissioner must give an internal review notice to the taxpayer (see 7 s 107B). 8 [1.457] Section 40 (5), new note 9 insert 10 Note The commissioner's decision to revoke a notice given to a person is an 11 internally reviewable decision (see s 107, def internally reviewable 12 decision), and the commissioner must give an internal review notice to 13 the person (see s 107B). 14 [1.458] Section 43 (5), new note 15 insert 16 Note The commissioner's decision to refuse a person approval is an internally 17 reviewable decision (see s 107, def internally reviewable decision), and 18 the commissioner must give an internal review notice to the person (see 19 s 107B). 20 [1.459] Section 44 (1), new note 21 insert 22 Note The commissioner's decision to impose a condition on a person's 23 approval is an internally reviewable decision (see s 107, def internally 24 reviewable decision), and the commissioner must give an internal 25 review notice to the person (see s 107B). 26 [1.460] Section 45, new note 27 insert 28 Note The commissioner's decision to vary or cancel a person's approval is an 29 internally reviewable decision (see s 107, def internally reviewable 30 decision), and the commissioner must give an internal review notice to 31 the person (see s 107B). page 282 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Taxation Administration Act 1999 Part 1.97 Amendment [1.461] 1 [1.461] Section 52 (4), new note 2 insert 3 Note The following decisions of the commissioner in relation to a person are 4 each commissioner-reviewable decisions (see s 107, def 5 commissioner-reviewable decision), and the commissioner must give 6 an internal review notice to the person (see s 107B): 7 · refuse to extend time for payment; 8 · refuse to accept payment by instalments; 9 · impose a condition on an extension or acceptance. 10 [1.462] Part 10 heading 11 substitute 12 Part 10 Objections and reviews 13 [1.463] Section 100 (3) (b) 14 substitute 15 (b) the taxpayer applies to the ACAT and-- 16 (i) the ACAT, or a court hearing an appeal on the matter, 17 upholds the objection in whole or in part; or 18 (ii) the period when any further appeal can be made has 19 ended; and 20 (iii) neither the taxpayer nor the commissioner has applied to 21 the ACAT in relation to a part of the objection that was 22 upheld. ACT Civil and Administrative Tribunal Legislation page 283 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.97 Taxation Administration Act 1999 Amendment [1.464] 1 [1.464] Section 103 (3), new notes 2 insert 3 Note 1 The commissioner's decision to refuse a person permission is an 4 internally reviewable decision (see s 107, def internally reviewable 5 decision), and the commissioner must give an internal review notice to 6 the person (see s 107B). 7 Note 2 The commissioner's decision to grant a person permission subject to a 8 condition is a commissioner-reviewable decision (see s 107, 9 def commissioner-reviewable decision), and the commissioner must 10 give an internal review notice to the person (see s 107B). 11 [1.465] Section 103 (4) and (5) 12 omit 13 [1.466] Section 104, new note 14 insert 15 Note The commissioner's decision in relation to an objection is a reviewable 16 decision (see s 107A), and the commissioner must give a reviewable 17 decision notice to the taxpayer (see s 108). 18 [1.467] Sections 105 and 106 19 substitute 20 105 Recovery of tax pending objection or review 21 The fact that an objection or review is pending does not affect the 22 assessment or decision to which the objection or review relates, and 23 tax may be recovered as if no objection or review were pending. page 284 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Taxation Administration Act 1999 Part 1.97 Amendment [1.468] 1 [1.468] Division 10.2 2 substitute 3 Division 10.2 Notification and review of decisions 4 107 Definitions--div 10.2 5 In this division: 6 commissioner-reviewable decision means a decision mentioned in 7 schedule 2. 8 internally reviewable decision means-- 9 (a) an assessment, other than a compromise assessment, that is 10 shown in a notice of assessment served on a taxpayer; or 11 (b) a decision mentioned in schedule 1, section 1.2; or 12 (c) a decision under a tax law that is prescribed under the law for 13 this section. 14 107A Meaning of reviewable decision etc--div 10.2 15 (1) For this division, a reviewable decision is a determination by the 16 commissioner of an objection by the taxpayer to-- 17 (a) an assessment; or 18 (b) a decision mentioned in schedule 1, section 1.2; or 19 (c) a decision under a tax law that is prescribed under the law for 20 this section. 21 (2) For the ACT Civil and Administrative Tribunal Act 2008, section 9 22 (Applications under authorising laws), the tax laws are taken to be a 23 single authorising law. ACT Civil and Administrative Tribunal Legislation page 285 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.97 Taxation Administration Act 1999 Amendment [1.468] 1 107B Internal review notices 2 If the commissioner makes a commissioner-reviewable decision or 3 internally reviewable decision in relation to a person, the 4 commissioner must give an internal review notice only to the 5 person. 6 Note The requirements for internal review notices are prescribed under the 7 ACT Civil and Administrative Tribunal Act 2008. 8 108 Reviewable decision notices 9 If the commissioner makes a reviewable decision in relation to an 10 objection by a taxpayer, the commissioner must give a reviewable 11 decision notice only to the taxpayer. 12 Note The requirements for reviewable decision notices are prescribed under 13 the ACT Civil and Administrative Tribunal Act 2008. 14 108A Applications for review 15 The taxpayer in relation to whom a reviewable decision is made 16 may apply to the ACAT for review of the decision. 17 Note If a form is approved under the ACT Civil and Administrative Tribunal 18 Act 2008 for the application, the form must be used. 19 108B Grounds of review 20 (1) The appellant's and respondent's cases on a review mentioned in 21 section 108A are not limited to the grounds of the objection. 22 (2) However, if the objection was to a reassessment, the grounds of the 23 review are limited to the extent of the reassessment. 24 109 Giving effect to ACAT decision 25 (1) Within 60 days after the day an ACAT decision becomes final, the 26 commissioner must take any action, including amending any 27 relevant assessment, that is necessary to give effect to the decision. page 286 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Taxation Administration Act 1999 Part 1.97 Amendment [1.469] 1 (2) For this section, an ACAT decision becomes final when a period of 2 30 days has passed after the day a relevant decision is made, and no 3 appeal against the relevant decision has been begun within the 4 30-day period. 5 (3) In this section: 6 relevant decision means-- 7 (a) the decision of the ACAT; or 8 (b) a decision by a court hearing an appeal from-- 9 (i) the decision of the ACAT; or 10 (ii) a decision of a lower court in relation to the decision of 11 the ACAT. 12 [1.469] Section 111 (1) 13 omit 14 tribunal 15 substitute 16 ACAT 17 [1.470] Section 126 18 omit 19 [1.471] Schedule 1 heading 20 substitute 21 Schedule 1 Decisions reviewable by 22 commissioner and ACAT 23 (see s 100, s 107 and s 107A) ACT Civil and Administrative Tribunal Legislation page 287 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.97 Taxation Administration Act 1999 Amendment [1.472] 1 [1.472] Schedule 1, section 1.1 2 substitute 3 1.1 Objections and reviews 4 A person dissatisfied with a decision mentioned in section 1.2 5 may-- 6 (a) lodge an objection under section 100; and 7 (b) if dissatisfied with the determination of the objection--apply to 8 the ACAT under section 108A (Applications for review). 9 [1.473] Schedule 1, section 1.2 heading 10 substitute 11 1.2 Decisions subject to objection or review 12 [1.474] Schedule 1, section 1.2 (b) and (c) 13 substitute 14 (b) under section 31 to impose penalty tax; or 15 [1.475] Schedule 2 heading 16 omit 17 (see s 100) 18 substitute 19 (see s 100 and s 107) 20 [1.476] Dictionary, note 2, new dot points 21 insert 22 · ACAT 23 · reviewable decision notice page 288 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Tobacco Act 1927 Part 1.98 Amendment [1.477] 1 [1.477] Dictionary, definition of assessment, paragraph (b) 2 substitute 3 (b) an assessment substituted by the ACAT on review under 4 part 10. 5 [1.478] Dictionary, new definitions 6 insert 7 commissioner-reviewable decision, for division 10.2 (Notification 8 and review of decisions)--see section 107. 9 internally reviewable decision, for division 10.2 (Notification and 10 review of decisions)--see section 107. 11 reviewable decision, for division 10.2 (Notification and review of 12 decisions)--see section 107A. 13 [1.479] Dictionary, definition of tribunal 14 omit 15 Part 1.98 Tobacco Act 1927 16 [1.480] Section 58 (2) (a) (i) and (ii) 17 substitute 18 (i) to impose more stringent requirements than otherwise 19 apply under this Act in relation to point of sale, a point of 20 sale display, product information notice, price ticket or 21 smoking advertising on or adjacent to all or any of the 22 premises stated in the licence; or 23 (ii) to impose a condition prohibiting point of sale display or 24 smoking advertising on or adjacent to all or any of the 25 premises stated in the licence; or ACT Civil and Administrative Tribunal Legislation page 289 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.99 Trade Measurement Act 1991 Amendment [1.481] 1 Part 1.99 Trade Measurement Act 1991 2 [1.481] Section 58 (2) (b) 3 omit 4 administrative appeals tribunal 5 substitute 6 ACAT 7 [1.482] Division 6.4 8 substitute 9 Division 6.4 Notification and review of decisions 10 59 Meaning of reviewable decision--div 6.4 11 In this division: 12 reviewable decision means a decision mentioned in 13 schedule 1, column 3 under a provision of this Act mentioned in 14 column 2 in relation to the decision. 15 59A Reviewable decision notices 16 If the licensing authority makes a reviewable decision, the authority 17 must give a reviewable decision notice to each entity mentioned in 18 schedule 1, column 4 in relation to the decision. 19 Note 1 The licensing authority must also take reasonable steps to give a 20 reviewable decision notice to any other person whose interests are 21 affected by the decision (see ACT Civil and Administrative Tribunal 22 Act 2008, s 67A). 23 Note 2 The requirements for reviewable decision notices are prescribed under 24 the ACT Civil and Administrative Tribunal Act 2008. page 290 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Trade Measurement Act 1991 Part 1.99 Amendment [1.483] 1 59B Applications for review 2 The following may apply to the ACAT for review of a reviewable 3 decision: 4 (a) an entity mentioned in schedule 1, column 4 in relation to the 5 decision; 6 (b) any other person whose interests are affected by the decision. 7 Note If a form is approved under the ACT Civil and Administrative Tribunal 8 Act 2008 for the application, the form must be used. 9 [1.483] New schedule 1 10 insert 11 Schedule 1 Reviewable decisions 12 (see div 6.4) column 1 column 2 column 3 column 4 item section decision entity 1 44 (1) refuse to issue applicant for licence licence 2 48 (1) impose or vary applicant for licence or condition on licence licensee 3 55 (1) make order person about whom order preventing made employment of person 4 58 (1) (a) reprimand licensee licensee 5 58 (1) (b) impose condition on licensee licence ACT Civil and Administrative Tribunal Legislation page 291 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.99 Trade Measurement Act 1991 Amendment [1.484] column 1 column 2 column 3 column 4 item section decision entity 6 58 (1) (c) suspend licence entity that has licence suspended 7 58 (1) (e) cancel licence and entity that has licence disqualify former cancelled or that is licensee from disqualified from holding holding licence licence permanently or for stated period 1 [1.484] Dictionary, note 2, dot points 2 omit 3 · administrative appeals tribunal 4 substitute 5 · ACAT 6 [1.485] Dictionary, note 2, new dot point 7 insert 8 · reviewable decision notice 9 [1.486] Dictionary, new definition of reviewable decision 10 insert 11 reviewable decision, for division 6.4 (Notification and review of 12 decisions)--see section 59. page 292 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Training and Tertiary Education Act 2003 Part 1.100 Amendment [1.487] 1 Part 1.100 Training and Tertiary Education 2 Act 2003 3 [1.487] Section 55 (2) 4 substitute 5 (2) The applicant may, within 14 days after the day the applicant is 6 given a reviewable decision notice under section 105 (Reviewable 7 decision notices) in relation to the decision, ask the council to refer 8 the disagreement to a committee for resolution. 9 [1.488] Section 80 (2) 10 substitute 11 (2) The applicant may, within 14 days after the day the applicant is 12 given a reviewable decision notice under section 105 (Reviewable 13 decision notices) in relation to the decision, ask the council to refer 14 the disagreement to a committee for resolution. 15 [1.489] Part 6.2 16 substitute 17 Part 6.2 Notification and review of 18 decisions 19 104 Meaning of reviewable decision--pt 6.2 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. ACT Civil and Administrative Tribunal Legislation page 293 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.100 Training and Tertiary Education Act 2003 Amendment [1.489] 1 105 Reviewable decision notices 2 If the council or Minister makes a reviewable decision, the council 3 or Minister must give a reviewable decision notice to each entity 4 mentioned in schedule 1, column 4 in relation to the decision. 5 Note 1 The council or Minister must also take reasonable steps to give a 6 reviewable decision notice to any other person whose interests are 7 affected by the decision (see ACT Civil and Administrative Tribunal 8 Act 2008, s 67A). 9 Note 2 The requirements for reviewable decision notices are prescribed under 10 the ACT Civil and Administrative Tribunal Act 2008. 11 106 Applications for review 12 The following may apply to the ACAT for review of a reviewable 13 decision: 14 (a) an entity mentioned in schedule 1, column 4 in relation to the 15 decision; 16 (b) any other person whose interests are affected by the decision. 17 Note If a form is approved under the ACT Civil and Administrative Tribunal 18 Act 2008 for the application, the form must be used. 19 107 Time for lodging ACAT review applications for s 55 and 20 s 80 decisions--ACAT Act, s 11 21 (1) This section applies in relation to a reviewable decision to which 22 section 55 (Disagreement with decision of council under s 33 or 23 s 48) or section 80 (Disagreement with decision of council under 24 s 60 or s 73) applies. 25 (2) An entity is not entitled to apply under section 106 for review of a 26 decision-- 27 (a) until after the end of the period when a request under 28 section 55 (2) or 80 (2) may be made; or page 294 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Training and Tertiary Education Act 2003 Part 1.100 Amendment [1.490] 1 (b) if a request under section 55 (2) or 80 (2) has been made, until 2 the earlier of-- 3 (i) the day the person who made the request is notified of the 4 outcome of the attempt to resolve the disagreement; or 5 (ii) the day after the end of the period mentioned in 6 section 55 (4) or 80 (4). 7 (3) If a request has been made under section 55 (2) or 80 (2) in relation 8 to a decision, the time for lodging an application for review with the 9 ACAT is the period beginning on the day when the person who 10 made the request becomes entitled under subsection (2) (b) to make 11 the application and ending 28 days after that day. 12 [1.490] Schedule 1 heading 13 omit (see s 104) 14 substitute (see pt 6.2) 15 [1.491] Schedule 1, column 4 heading 16 omit 17 person to be notified 18 substitute 19 entity 20 [1.492] Dictionary, note 2, new dot points 21 insert 22 · ACAT 23 · reviewable decision notice ACT Civil and Administrative Tribunal Legislation page 295 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.101 Tree Protection Act 2005 Amendment [1.493] 1 [1.493] Dictionary, new definition of reviewable decision 2 insert 3 reviewable decision, for part 6.2 (Notification and review of 4 decisions)--see section 104. 5 Part 1.101 Tree Protection Act 2005 6 [1.494] Section 27 (1) 7 substitute 8 (1) Subject to section 106 (Applications for reconsideration), an 9 approval takes effect on the date stated in the notice of decision. 10 [1.495] Section 28 (7) 11 substitute 12 (7) Subject to section 106 (Applications for reconsideration), the 13 cancellation takes effect on the date stated in the notice of 14 cancellation. 15 [1.496] Section 37 (1) 16 substitute 17 (1) Subject to section 106 (Applications for reconsideration), a tree 18 management plan takes effect on the date stated in the notice of 19 decision. 20 [1.497] Sections 52 (2) and 58 (2), note 21 substitute 22 Note A decision under this section is a reviewable decision (see s 104, 23 def reviewable decision). page 296 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Tree Protection Act 2005 Part 1.101 Amendment [1.498] 1 [1.498] Part 13 2 substitute 3 Part 13 Notification and review of decisions 4 104 Definitions--pt 13 5 In this part: 6 internally reviewable decision means a decision mentioned in 7 schedule 1, part 1.1, column 3 under a provision of this Act 8 mentioned in column 2 in relation to the decision. 9 internal review notice--see the ACT Civil and Administrative 10 Tribunal Act 2008, section 67B (1). 11 reviewable decision means a decision mentioned in schedule 1, 12 part 1.2, column 3 under a provision of this Act mentioned in 13 column 2 in relation to the decision. 14 105 Internal review notices 15 If the conservator makes an internally reviewable decision, the 16 conservator must give an internal review notice only to each entity 17 mentioned in schedule 1, part 1.1, column 4 in relation to the 18 decision. 19 Note The requirements for internal review notices are prescribed under the 20 ACT Civil and Administrative Tribunal Act 2008. 21 106 Applications for reconsideration 22 (1) An entity mentioned in schedule 1, part 1.1, column 4 in relation to 23 an internally reviewable decision may apply to the conservator for 24 reconsideration of the decision. 25 (2) The application must be made within 14 days after the day the 26 notice of decision is given to the entity. ACT Civil and Administrative Tribunal Legislation page 297 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.101 Tree Protection Act 2005 Amendment [1.498] 1 (3) The application must be in writing and must set out the grounds on 2 which reconsideration of the decision is sought. 3 Note If a form is approved under s 110 for the application, the form must be 4 used. 5 (4) If the application is made in accordance with this section, the 6 making of the application automatically stays the operation of the 7 decision until the application is finally dealt with. 8 107 Reconsideration of decisions 9 (1) As soon as practicable after receiving an application for 10 reconsideration of a decision (the first decision), the conservator 11 must, in writing, ask the advisory panel for advice on the 12 application. 13 (2) Within 30 days after the day the advisory panel receives the 14 conservator's request, the advisory panel must give the conservator 15 its advice. 16 (3) Within 30 days after the day the conservator receives the advisory 17 panel's advice, the conservator must-- 18 (a) reconsider the first decision having regard to the advisory 19 panel's advice; and 20 (b) confirm, vary or set aside the first decision. 21 107A Reviewable decision notice 22 If a person makes a reviewable decision, the person must give a 23 reviewable decision notice only to each entity mentioned in 24 schedule 1, part 1.2, column 4 in relation to the decision. 25 Note The requirements for reviewable decision notices are prescribed under 26 the ACT Civil and Administrative Tribunal Act 2008. page 298 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Tree Protection Act 2005 Part 1.101 Amendment [1.499] 1 107B Applications for review 2 An entity mentioned in schedule 1, part 1.2, column 4 in relation to 3 a reviewable decision may apply to the ACAT for review of the 4 decision. 5 Note If a form is approved under the ACT Civil and Administrative Tribunal 6 Act 2008 for the application, the form must be used. 7 [1.499] Section 111 (2) (c) 8 substitute 9 (c) reconsidering a decision under section 107 (Reconsideration of 10 decisions). 11 [1.500] New schedule 1 12 insert 13 Schedule 1 Reviewable decisions 14 (see pt 13) 15 Part 1.1 Internally reviewable decisions column 1 column 2 column 3 column 4 item section decision entity 1 25 approve, or refuse to applicant for approve, activity approval 2 28 cancel approval of person who held activity approval 3 35 approve, or refuse to applicant for approve, tree approval management plan ACT Civil and Administrative Tribunal Legislation page 299 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.101 Tree Protection Act 2005 Amendment [1.501] 1 Part 1.2 Reviewable decisions column 1 column 2 column 3 column 4 item section decision entity 1 52 approve, or refuse to applicant for approve, registration of registration tree 2 58 cancel, or refuse to person who holds or cancel, registration of held registration tree 3 61 make declaration lessee of land to which declaration relates 4 66 approve, or refuse to applicant for approve, publication of approval restricted information 5 76 give tree protection owner or occupier of direction land to which direction relates 6 107 confirm, vary or set person who is given aside reconsidered internal review notice decision for decision under table 104.1 in relation to decision to be reviewed. 2 [1.501] Dictionary, note 2, new dot points 3 insert 4 · ACAT 5 · reviewable decision notice page 300 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Unit Titles Act 2001 Part 1.102 Amendment [1.502] 1 [1.502] Dictionary, definition of appeal 2 substitute 3 appeal, in relation to a reviewable decision, means an application to 4 the ACAT to review the decision. 5 [1.503] Dictionary, new definitions 6 insert 7 internally reviewable decision, for part 13 (Notification and review 8 of decisions)--see section 104. 9 internal review notice, for part 13 (Notification and review of 10 decisions)--see section 104. 11 reviewable decision, for part 13 (Notification and review of 12 decisions)--see section 104. 13 Part 1.102 Unit Titles Act 2001 14 [1.504] Section 21 (3) 15 omit 16 part 14 (Administrative review) 17 substitute 18 part 14 (Notification and review of decisions) ACT Civil and Administrative Tribunal Legislation page 301 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.102 Unit Titles Act 2001 Amendment [1.505] 1 [1.505] Part 14 2 substitute 3 Part 14 Notification and review of 4 decisions 5 173 Definitions--pt 14 6 In this part: 7 internally reviewable decision means a decision mentioned in 8 schedule 1, column 3 under a provision of this Act mentioned in 9 column 2 in relation to the decision. 10 internal reviewer--see section 174A. 11 internal review notice--see the ACT Civil and Administrative 12 Tribunal Act 2008, section 67B (1). 13 reviewable decision means an internal reviewer's decision in 14 relation to an internally reviewable decision. 15 173A Internal review notices 16 (1) If the planning and land authority makes an internally reviewable 17 decision, the authority must give an internal review notice only to 18 each person mentioned in schedule 1, column 4 in relation to the 19 decision. 20 Note 1 The requirements for internal review notices are prescribed under the 21 ACT Civil and Administrative Tribunal Act 2008. 22 Note 2 Section 174 gives a person who is given an internal review notice the 23 right to object to the internally reviewable decision (unless the person 24 was the applicant for the decision, and the decision was made in the 25 applicant's favour). page 302 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Unit Titles Act 2001 Part 1.102 Amendment [1.505] 1 (2) However, the planning and land authority is not required to give an 2 internal review notice to a person with an interest in a parcel, or an 3 interested non-voter, in relation to a decision if the authority is not, 4 and could not reasonably be, aware of the person's interest because 5 of the process of reaching the decision. 6 (3) An internal review notice given to a person in relation to a decision 7 must include a statement to the effect that the person may not object 8 to the decision if-- 9 (a) the person applied for the decision; and 10 (b) the decision was made in accordance with the application. 11 174 Objections 12 (1) A person mentioned in schedule 1, column 4 in relation to an 13 internally reviewable decision may object to the decision. 14 (2) However, a person may not object to a decision if-- 15 (a) the person applied for the decision; and 16 (b) the decision was made in accordance with the application. 17 (3) The objection must-- 18 (a) be in writing; and 19 (b) state the person's name and address; and 20 (c) set out the person's reasons for making the application; and 21 (d) be given to the planning and land authority. 22 Note If a form is approved under s 180 for the objection, the form must be 23 used. ACT Civil and Administrative Tribunal Legislation page 303 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.102 Unit Titles Act 2001 Amendment [1.505] 1 (4) The objection must be given to the planning and land authority 2 within-- 3 (a) 28 days after the day the person is given the internal review 4 notice for the decision; or 5 (b) any longer period allowed by the planning and land authority 6 before or after the end of the 28-day period. 7 174A Internal reviewer 8 The planning and land authority must arrange for a person (the 9 internal reviewer) who did not make the internally reviewable 10 decision to review the decision. 11 175 Review by internal reviewer 12 (1) The internal reviewer for an internally reviewable decision must 13 review the decision. 14 (2) The review must happen within 28 days (the 28-day period) after 15 the day the planning and land authority receives the objection to the 16 internally reviewable decision. 17 (3) The internal reviewer must-- 18 (a) allow the objection and substitute the reviewer's own decision; 19 or 20 (b) disallow the objection. 21 (4) If the objection is not decided within the 28-day period, the 22 objection is taken to have been disallowed by the internal reviewer. page 304 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Unit Titles Act 2001 Part 1.102 Amendment [1.506] 1 176 Reviewable decision notices 2 If an internal reviewer makes a reviewable decision, the reviewer 3 must give a reviewable decision notice only to each person to whom 4 an internal review notice is required to be given in relation to the 5 decision. 6 Note The requirements for reviewable decision notices are prescribed under 7 the ACT Civil and Administrative Tribunal Act 2008. 8 177 Effect of decision to allow objection 9 If a decision is made to allow an objection and to substitute a new 10 decision for the decision objected to-- 11 (a) the decision objected to no longer has effect from the date of 12 the reviewable decision notice; and 13 (b) this Act applies as if the substituted decision had been made on 14 the date of the notice, subject to paragraph (c); and 15 (c) this part does not apply to the substituted decision. 16 177A Applications for review 17 The person in relation to whom a reviewable decision is made may 18 apply to the ACAT for review of the decision. 19 Note If a form is approved under the ACT Civil and Administrative Tribunal 20 Act 2008 for the application, the form must be used. 21 [1.506] Schedule 1 heading 22 substitute 23 Schedule 1 Reviewable decisions 24 (see pt 14) ACT Civil and Administrative Tribunal Legislation page 305 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.103 Utilities Act 2000 Amendment [1.507] 1 [1.507] Schedule 1, column 4 heading 2 omit 3 to be notified 4 [1.508] Dictionary, note 2, new dot points 5 insert 6 · ACAT 7 · reviewable decision notice 8 [1.509] Dictionary, new definitions 9 insert 10 internally reviewable decision, for part 14 (Notification and review 11 of decisions)--see section 173. 12 internal reviewer, for part 14 (Notification and review of 13 decisions)--see section 174A. 14 internal review notice, for part 14 (Notification and review of 15 decisions)--see the ACT Civil and Administrative Tribunal 16 Act 2008, section 67B (1). 17 [1.510] Dictionary, definition of reviewable decision 18 substitute 19 reviewable decision, for part 14 (Notification and review of 20 decisions)--see section 173. 21 Part 1.103 Utilities Act 2000 22 [1.511] Section 3 (g) 23 substitute 24 (g) to ensure that advice given to ICRC by the ACAT, or the chief 25 executive under part 5 (Technical regulation), is properly 26 considered; page 306 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Utilities Act 2000 Part 1.103 Amendment [1.512] 1 [1.512] Section 37 (1), new note 2 2 insert 3 Note 2 If ICRC refuses to grant a licence, or grants a licence subject to a 4 condition imposed by it, it must give a reviewable decision notice to the 5 applicant for the licence (see s 43A). 6 [1.513] Section 37 (4), except note 7 omit 8 [1.514] Section 38 (1), new note 2 9 insert 10 Note 2 If ICRC refuses to vary a licence, it must give a reviewable decision 11 notice to the licensee (see s 43A). 12 [1.515] Section 38 (5) 13 omit 14 [1.516] Section 40 (1), new note 2 15 insert 16 Note 2 If ICRC refuses to agree to the transfer of a licence, it must give a 17 reviewable decision notice to the licensee (see s 43A). 18 [1.517] Section 40 (4), except note 19 omit 20 [1.518] Section 42 (3) (a) 21 substitute 22 (a) on the day ICRC gives a reviewable decision notice about the 23 revocation to the licensee; or ACT Civil and Administrative Tribunal Legislation page 307 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.103 Utilities Act 2000 Amendment [1.519] 1 [1.519] Section 43 2 substitute 3 Division 3.3A Notification and review of ICRC 4 decisions 5 43 Meaning of reviewable decision--div 3.3A 6 In this division: 7 reviewable decision means a decision mentioned in 8 schedule 1, column 3 under a provision of this Act mentioned in 9 column 2 in relation to the decision. 10 43A Reviewable decision notices 11 If a person makes a reviewable decision, the person must give a 12 reviewable decision notice to each entity mentioned in schedule 1, 13 column 4 in relation to the decision. 14 Note 1 The person must also take reasonable steps to give a reviewable 15 decision notice to any other person whose interests are affected by the 16 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 17 Note 2 The requirements for reviewable decision notices are prescribed under 18 the ACT Civil and Administrative Tribunal Act 2008. 19 43B Applications for review 20 The following may apply to the ACAT for review of a reviewable 21 decision: 22 (a) an entity mentioned in schedule 1, column 4 in relation to the 23 decision; 24 (b) any other person whose interests are affected by the decision. 25 Note If a form is approved under the ACT Civil and Administrative Tribunal 26 Act 2008 for the application, the form must be used. page 308 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Utilities Act 2000 Part 1.103 Amendment [1.520] 1 [1.520] Section 45 (2) (b) 2 omit 3 [1.521] Section 109 (3) (e) (ii) 4 substitute 5 (ii) the ACAT's power to direct payment by the utility for 6 loss or damage resulting from the operations. 7 [1.522] Parts 11 and 12 8 substitute 9 Part 11 Certain causes of action against 10 customer 11 167 Proceedings in Magistrates Court--amounts over $10 000 12 (1) This section applies to a proceeding in relation to-- 13 (a) the recovery of a customer debt that is more than $10 000; or 14 (b) any other cause of action against a customer for more than 15 $10 000 in relation to which an application to ACAT may be 16 made under part 12 (Complaints to ACAT about utilities). 17 (2) A utility may not begin a proceeding to which this section applies 18 against the customer in the Magistrates Court unless the utility has 19 given the customer written notice of its intention to do so. 20 (3) The notice-- 21 (a) must be given at least 7 days before the day the proceeding is 22 begun; and 23 (b) must include a statement about-- 24 (i) the customer's rights to make an application in relation to 25 a complaint to the ACAT under part 12; and ACT Civil and Administrative Tribunal Legislation page 309 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.103 Utilities Act 2000 Amendment [1.522] 1 (ii) the effect of the Magistrates Court Act 1930, section 266 2 (Complaints under Utilities Act, pt 12). 3 (4) In this section: 4 customer debt--see section 169. 5 168 Civil dispute applications to ACAT 6 (1) This section applies in relation to-- 7 (a) the recovery of a customer debt; or 8 (b) any other cause of action against a customer in relation to 9 which an application to ACAT may be made under part 12 10 (Complaints to ACAT about utilities). 11 (2) A utility may not make an application to the ACAT under the 12 ACT Civil and Administrative Tribunal Act 2008, part 4 (Civil 13 disputes) in relation to the debt or cause of action unless the utility 14 has given the customer written notice of its intention to do so. 15 (3) The notice-- 16 (a) must be given at least 7 days before the day the application is 17 made; and 18 (b) must include a statement about the customer's rights to make 19 an application in relation to a complaint to the ACAT under 20 part 12. 21 (4) In this section: 22 customer debt--see section 169. page 310 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Utilities Act 2000 Part 1.103 Amendment [1.522] 1 Part 12 Complaints to ACAT about 2 utilities 3 Division 12.1 Preliminary 4 169 Definitions--pt 12 5 In this part: 6 complainant--see section 172. 7 complaint--see section 172. 8 customer debt means an amount payable by a customer to a utility 9 in relation to the provision of a utility service to premises for the 10 customer. 11 registrar means the registrar of the ACAT. 12 respondent, in relation to a complaint, means the utility the subject 13 of the complaint. 14 utility, in relation to an act or omission, includes a person who was 15 licensed at the time of the act or omission. 16 withdrawal, of a utility service, includes the reduction or 17 termination of the service, whether by disconnection from a network 18 or otherwise. 19 170 Application--pt 12 20 This part does not apply to a complaint by a utility. 21 171 Principles--pt 12 22 In exercising its functions under this part, the ACAT must consider 23 the following principles: 24 (a) that utility services should continue to be provided to 25 complainants suffering financial hardship; ACT Civil and Administrative Tribunal Legislation page 311 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.103 Utilities Act 2000 Amendment [1.522] 1 (b) that the rights of complainants under the Act should be 2 protected. 3 Division 12.2 Applications to ACAT 4 172 ACAT applications 5 A person (the complainant) mentioned in table 172, column 2 may 6 apply to the ACAT in relation to a matter (the complaint) mentioned 7 in column 3 in relation to the complainant. 8 Note If a form is approved under the ACT Civil and Administrative Tribunal 9 Act 2008 for the application, the form must be used. 10 Table 172 ACAT applications column 1 column 2 column 3 item complainant complaint 1 consumer affected contravention of a customer contract by a by contravention utility 2 consumer a utility fails to provide a utility service to consumer or withdraws a utility service from consumer, and failure or withdrawal causes substantial hardship, or is likely to cause substantial hardship, to consumer 3 person affected by contravention of s 51 (Protection of personal contravention information) by a utility 4 person affected by contravention by a utility of an obligation contravention under this Act in relation to its network operations 5 person affected by act or omission of an authorised person for a act or omission utility in relation to network operations 6 person on whom capital contribution charge imposed under charge imposed s 101 page 312 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Utilities Act 2000 Part 1.103 Amendment [1.522] 1 173 Help with applications about failure to provide, or 2 withdrawal of, utility services 3 (1) This section applies if-- 4 (a) the registrar considers that a person making an application, or 5 considering making an application, needs help with the 6 application; and 7 (b) the application is in relation to the failure to provide a utility 8 service to the person or the withdrawal of a utility service from 9 the person. 10 (2) The registrar must ask the person whether the person wants the 11 registrar to put the application in writing for the person. 12 (3) If the person wants the registrar to put the application in writing, the 13 registrar must do so. 14 (4) This section is in addition to the ACT Civil and Administrative 15 Tribunal Act 2008, section 13 (Help with applications etc). 16 174 Advising Minister etc about systemic problems 17 (1) This section applies if it appears to the ACAT that applications 18 under this part to the ACAT indicate a systemic problem in relation 19 to-- 20 (a) the operation of this part; or 21 (b) other matters that come to the ACAT's attention in the course 22 of exercising its functions under this part. 23 (2) The ACAT must tell the following about the problem: 24 (a) each Minister responsible for administering the Act; 25 (b) the ICRC. ACT Civil and Administrative Tribunal Legislation page 313 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.103 Utilities Act 2000 Amendment [1.522] 1 (3) This section is in addition to the ACT Civil and Administrative 2 Tribunal Act 2008, section 14 (Advising Attorney-General about 3 systemic problems). 4 Division 12.3 Preliminary inquiries 5 175 Preliminary inquiries--registrar 6 If a person makes a complaint, the registrar may make inquiries of 7 the person, respondent or anyone else to decide-- 8 (a) whether this part applies to the matter complained of; and 9 (b) if so, whether the ACAT should consider the matter. 10 Division 12.4 Dismissal of complaints 11 176 Dismissal of complaints about utilities 12 (1) The ACAT may dismiss a complaint about a utility if satisfied 13 that-- 14 (a) this part does not apply to the matter complained of; or 15 (b) the complaint has been withdrawn or abandoned (for example, 16 because the complainant fails to proceed with the complaint 17 within a reasonable time); or 18 Note An example is part of the Act, is not exhaustive and may extend, 19 but does not limit, the meaning of the provision in which it 20 appears (see Legislation Act, s 126 and s 132). 21 (c) the complaint relates to a matter, or the last of a series of 22 matters, that happened more than 1 year before the day the 23 complaint was made; or 24 (d) if the registrar makes an inquiry under section 175 of the 25 person making the complaint--the person has not responded to 26 the inquiry; or page 314 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Utilities Act 2000 Part 1.103 Amendment [1.522] 1 (e) the complainant has not made reasonable efforts to resolve the 2 matter complained of with the utility, particularly in 3 accordance with the utility's complaint handling procedures; or 4 (f) the matter complained of has already been dealt with 5 adequately by the ACAT or otherwise; or 6 (g) a remedy more appropriate than action under this part is readily 7 available to the complainant; or 8 (h) it is otherwise appropriate to do so. 9 Note The ACAT may dismiss an application if it is frivolous or vexatious 10 (see ACT Civil and Administrative Tribunal Act 2008, s 32). 11 (2) If the ACAT dismisses a complaint, it must give each party written 12 notice of the dismissal, setting out its reasons for the dismissal. 13 Division 12.5 Powers and decisions of ACAT 14 177 Complainant's records 15 (1) This section applies if a complainant makes a complaint about a 16 utility. 17 (2) The utility must give the ACAT the utility's records, or access to the 18 records, in relation to the complainant. 19 (3) The complainant is taken to consent to the disclosure of the records 20 to the ACAT. 21 Note See s 51 (Protection of personal information). 22 178 ACAT decisions 23 (1) This section applies if the ACAT is satisfied, in relation to a 24 complainant, that-- 25 (a) the respondent has-- 26 (i) contravened a customer contract; or ACT Civil and Administrative Tribunal Legislation page 315 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.103 Utilities Act 2000 Amendment [1.522] 1 (ii) contravened section 51 (Protection of personal 2 information); or 3 (iii) contravened an obligation under this Act in relation to its 4 network operations; or 5 (b) the respondent has caused, or would cause, substantial hardship 6 by failing to provide, or withdrawing, a utility service; or 7 (c) an authorised person for the respondent has acted improperly 8 in relation to network operations; or 9 (d) a capital contribution charge, of an amount of not more than 10 $10 000, imposed by the respondent is excessive. 11 (2) Without limiting the orders the ACAT may make, the ACAT may-- 12 (a) for a complaint that a capital contribution charge is 13 excessive--give a direction under section 182 (Reviewable 14 capital contribution charges); or 15 (b) in any other case-- 16 (i) give the written directions to the respondent that it 17 considers necessary requiring the respondent to remedy 18 the matter mentioned in subsection (1); or 19 (ii) give another direction under this division; or 20 (iii) make a declaration under this division. 21 (3) A respondent must comply with a direction given to it under this 22 division. 23 179 Continuity of utility services--nonpayment of customer 24 debt 25 (1) This section applies to a complaint about the actual or potential 26 withdrawal of a utility service because of a failure to pay a customer 27 debt in relation to residential premises. page 316 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Utilities Act 2000 Part 1.103 Amendment [1.522] 1 (2) If the ACAT is satisfied that the withdrawal of the utility services 2 causes, or would cause, substantial hardship for a consumer, the 3 ACAT may give the respondent a written direction-- 4 (a) not to withdraw the service; or 5 (b) if the service has been withdrawn--to restore the service as 6 soon as practicable and, in any event, within 24 hours after the 7 direction is given to the respondent. 8 (3) A direction may contain ancillary directions, for example, that the 9 service not be withdrawn-- 10 (a) during a stated period; or 11 (b) unless the consumer fails to comply with a stated condition. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). 12 180 Discharge of customer debt 13 (1) If the ACAT is satisfied that payment of a customer debt in relation 14 to residential premises would cause substantial hardship for the 15 customer, the ACAT may, in writing, declare that the debt is 16 discharged in whole or to a stated extent. 17 (2) The declaration may provide that the discharge is conditional on 18 payment by the customer of a stated amount or amounts in 19 accordance with the declaration. 20 (3) A declaration has effect for all purposes according to its terms. 21 (4) The amount of the debt discharged by a declaration may not be 22 more than-- 23 (a) $10 000; or 24 (b) if another amount is prescribed by regulation--the prescribed 25 amount. ACT Civil and Administrative Tribunal Legislation page 317 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.103 Utilities Act 2000 Amendment [1.522] 1 181 Payment for loss or damage 2 (1) If the ACAT is satisfied that a complainant suffered loss or damage 3 because of an act by the respondent, or an authorised person for the 4 respondent, of a kind mentioned in section 178 (ACAT decisions), 5 the ACAT may give the respondent a written direction to pay a 6 stated amount to the complainant for the loss or damage. 7 (2) The direction may not be given in relation to a punitive amount. 8 (3) The amount payable under the direction is a debt due to the 9 complainant in whose favour the direction is given. 10 (4) In giving the direction, the ACAT must take account of the extent (if 11 any) to which the complainant-- 12 (a) caused, or contributed to, the loss or damage; or 13 (b) obstructed, or interfered with, the exercise of the respondent's 14 functions under this Act. 15 (5) The amount stated in a direction may not be more than-- 16 (a) $10 000; or 17 (b) if another amount is prescribed by regulation--the prescribed 18 amount. 19 (6) The registrar must, if asked by the complainant in whose favour a 20 direction is made, give the complainant a copy of the direction 21 certified by the registrar. 22 182 Reviewable capital contribution charges 23 (1) This section applies if the ACAT is satisfied that a capital 24 contribution charge imposed by the respondent is excessive. 25 (2) The ACAT may give the respondent a written direction to reduce 26 the charge to the amount stated in the direction. page 318 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Utilities Act 2000 Part 1.103 Amendment [1.522] 1 (3) For subsection (2), the ACAT must state an amount that it considers 2 reasonable having regard to-- 3 (a) the cost of the work to which the charge relates; and 4 (b) the relevant industry code. 5 (4) The ACAT may only give a direction under subsection (2) in 6 relation to a capital contribution charge of not more than $10 000. 7 (5) To remove any doubt, this section is additional to, and does not 8 limit-- 9 (a) section 179 (Continuity of utility services--nonpayment of 10 customer debt); and 11 (b) section 180 (Discharge of customer debt). 12 183 Reimbursement of utilities for customer debts discharged 13 If a customer debt owed to a utility is discharged under section 180 14 (Discharge of customer debt), the amount discharged is a debt due 15 to the utility by the Territory. 16 Division 12.6 Confidential information 17 184 Protection of confidential information 18 (1) The ACAT must preserve the confidentiality of information 19 disclosed to, or obtained by, the ACAT in the exercise of its 20 functions under this part, including-- 21 (a) personal information; and 22 (b) information that-- 23 (i) could affect the competitive position of a utility or 24 someone else; or 25 (ii) is commercially sensitive for another reason. ACT Civil and Administrative Tribunal Legislation page 319 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.103 Utilities Act 2000 Amendment [1.523] 1 (2) The ICRC Act, sections 44 to 48 apply, so far as applicable, in 2 relation to the functions of the ACAT under this part as if-- 3 (a) a reference to the ICRC were a reference to any of the 4 following: 5 (i) the ACAT; 6 (ii) a person who is or has been an ACAT member; 7 (iii) a person who is or has been a member of the staff of the 8 ACAT; 9 (iv) a person who is or has been acting under the direction or 10 authority of the ACAT; and 11 (b) any other necessary changes were made. 12 (3) In this section: 13 ACAT member--see the ACT Civil and Administrative Tribunal 14 Act 2008, dictionary, definition of tribunal member. 15 [1.523] Section 254 (2) 16 substitute 17 (2) The ICRC may, in writing, determine fees for this Act (other than 18 part 12 (Complaints to ACAT about utilities) and part 14 19 (Streetlighting and stormwater)). page 320 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Utilities Act 2000 Part 1.103 Amendment [1.524] 1 [1.524] New schedule 1 2 insert 3 Schedule 1 Reviewable decisions 4 (see div 3.3A) column 1 column 2 column 3 column 4 item section decision entity 1 37 refuse to grant applicant for licence licence 2 37 grant licence applicant for licence subject to condition 3 38 refuse to vary licensee licence 4 38 vary licence licensee on ICRC's own initiative 5 40 refuse to agree licensee to transfer of licence 6 42 revoke a person whose licence revoked licence 5 [1.525] Dictionary, note 2, dot points 6 omit 7 · administrative appeals tribunal 8 substitute 9 · ACAT ACT Civil and Administrative Tribunal Legislation page 321 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.103 Utilities Act 2000 Amendment [1.526] 1 [1.526] Dictionary, note 2, new dot point 2 insert 3 · reviewable decision notice 4 [1.527] Dictionary, note 2, dot points 5 omit 6 · Supreme Court 7 [1.528] Dictionary, definition of complaint 8 substitute 9 complaint, for part 12 (Complaints to ACAT about utilities)--see 10 section 172. 11 complainant, for part 12 (Complaints to ACAT about utilities)--see 12 section 172. 13 [1.529] Dictionary, definition of council 14 omit 15 [1.530] Dictionary, definition of customer debt 16 substitute 17 customer debt, for part 12 (Complaints to ACAT about utilities)-- 18 see section 169. 19 [1.531] Dictionary, definition of party 20 omit 21 [1.532] Dictionary, definition of registrar 22 substitute 23 registrar, for part 12 (Complaints to ACAT about utilities)--see 24 section 169. page 322 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Utilities Act 2000 Part 1.103 Amendment [1.533] 1 [1.533] Dictionary, definition of respondent 2 substitute 3 respondent, for an application in relation to a complaint, for part 12 4 (Complaints to ACAT about utilities)--see section 169. 5 [1.534] Dictionary, new definition of reviewable decision 6 insert 7 reviewable decision, for division 3.3A (Notification and review of 8 ICRC decisions)--see section 43. 9 [1.535] Dictionary, definition of utility 10 substitute 11 utility-- 12 (a) for this Act generally--means a person licensed to provide a 13 utility service; or 14 (b) for part 9 (Controller's power to take over operations)--see 15 section 134; or 16 (c) in relation to an act or omission, for part 12 (Complaints to 17 ACAT about utilities)--see section 169. 18 [1.536] Dictionary, definition of withdrawal 19 substitute 20 withdrawal, of a utility service, for part 12 (Complaints to ACAT 21 about utilities)--see section 169. ACT Civil and Administrative Tribunal Legislation page 323 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.104 Victims of Crime Regulation 2000 Amendment [1.537] 1 Part 1.104 Victims of Crime Regulation 2000 2 [1.537] Division 3.2 3 substitute 4 Division 3.2 Notification and review of eligibility 5 decisions 6 25 Definitions--div 3.2 7 In this division: 8 affected person means a person the responsible service agency 9 decides is not eligible for the victims services scheme. 10 internally reviewable decision means a decision of the responsible 11 service agency that a person is not eligible for the victims services 12 scheme. 13 internal reviewer--see section 26A. 14 internal reviewer's decision means a decision of an internal 15 reviewer in relation to an internally reviewable decision. 16 internal review notice--see the ACT Civil and Administrative 17 Tribunal Act 2008, section 67B (1). 18 reviewable decision means a decision of the committee in relation to 19 an internal reviewer's decision. 20 25A Internal review notices--responsible service agency 21 If the responsible service agency makes an internally reviewable 22 decision, the agency must give an internal review notice only to the 23 affected person. 24 Note The requirements for internal review notices are prescribed under the 25 ACT Civil and Administrative Tribunal Act 2008. page 324 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Victims of Crime Regulation 2000 Part 1.104 Amendment [1.537] 1 26 Applications to responsible service agency for internal 2 review 3 (1) The affected person may apply to the responsible service agency for 4 review of the internally reviewable decision. 5 (2) The application must-- 6 (a) be in writing; and 7 (b) state the applicant's name and address; and 8 (c) set out the applicant's reasons for making the application. 9 Note If a form is approved under s 51 for the application, the form must be 10 used. 11 (3) The application must be given to the responsible service agency 12 within-- 13 (a) 28 days after the day the applicant is given the internal review 14 notice by the responsible service agency; or 15 (b) any longer period allowed by the responsible service agency 16 before or after the end of the 28-day period. 17 26A Internal reviewer 18 The responsible service agency must arrange for a person (the 19 internal reviewer) who did not make the internally reviewable 20 decision to review the decision. 21 27 Review by internal reviewer 22 (1) The internal reviewer for an internally reviewable decision must 23 review the decision. 24 (2) The review must happen within 28 days (the 28-day period) after 25 the day the responsible service agency receives the application for 26 review of the internally reviewable decision. ACT Civil and Administrative Tribunal Legislation page 325 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.104 Victims of Crime Regulation 2000 Amendment [1.537] 1 (3) The internal reviewer must-- 2 (a) confirm the decision; or 3 (b) vary the decision; or 4 (c) set aside the decision and substitute the reviewer's own 5 decision. 6 (4) If the decision is not varied or set aside within the 28-day period, the 7 decision is taken to have been confirmed by the internal reviewer. 8 27A Internal review notices--internal reviewer 9 If an internal reviewer makes an internal reviewer's decision, the 10 internal reviewer must give an internal review notice only to the 11 affected person. 12 Note The requirements for internal review notices are prescribed under the 13 ACT Civil and Administrative Tribunal Act 2008. 14 28 Eligibility Review Committee 15 (1) The Eligibility Review Committee is continued in existence. 16 (2) The committee consists of the DPP member, the courts member and 17 the legal profession member. 18 29 Applications to committee for internal review 19 (1) The affected person may apply to the committee for review of the 20 internal reviewer's decision. 21 (2) The application must-- 22 (a) be in writing; and 23 (b) state the applicant's name and address; and 24 (c) set out the applicant's reasons for making the application. 25 Note If a form is approved under s 51 for the application, the form must be 26 used. page 326 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Victims of Crime Regulation 2000 Part 1.104 Amendment [1.537] 1 (3) The application must be given to the committee within-- 2 (a) 28 days after the day the applicant is given the internal review 3 notice by the internal reviewer; or 4 (b) any longer period allowed by the committee before or after the 5 end of the 28-day period. 6 30 Review by committee 7 (1) The committee for an internal reviewer's decision must review the 8 decision. 9 (2) The review must happen within 28 days (the 28-day period) after 10 the day the committee receives the application for review of the 11 internal reviewer's decision. 12 (3) The committee must-- 13 (a) confirm the decision; or 14 (b) vary the decision; or 15 (c) set aside the decision and substitute the committee's own 16 decision. 17 (4) If the decision is not varied or set aside within the 28-day period, the 18 decision is taken to have been confirmed by the committee. 19 31 Reviewable decision notices 20 If the committee makes a reviewable decision, the committee must 21 give a reviewable decision notice only to the affected person. 22 Note The requirements for reviewable decision notices are prescribed under 23 the ACT Civil and Administrative Tribunal Act 2008. ACT Civil and Administrative Tribunal Legislation page 327 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.104 Victims of Crime Regulation 2000 Amendment [1.538] 1 32 Applications to ACAT 2 The affected person may apply to the ACAT for review of a 3 reviewable decision. 4 Note If a form is approved under the ACT Civil and Administrative Tribunal 5 Act 2008 for the application, the form must be used. 6 [1.538] Sections 46 and 47 7 substitute 8 Division 3.6 Notification and review of decisions 9 about service providers 10 46 Meaning of reviewable decision--div 3.6 11 In this division: 12 reviewable decision means a decision mentioned in 13 schedule 1, column 3 under a provision of this regulation mentioned 14 in column 2 in relation to the decision. 15 46A Reviewable decision notices 16 If the board makes a reviewable decision, the board must give a 17 reviewable decision notice to each entity mentioned in schedule 1, 18 column 4 in relation to the decision. 19 Note 1 The board must also take reasonable steps to give a reviewable decision 20 notice to any other person whose interests are affected by the decision 21 (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 22 Note 2 The requirements for reviewable decision notices are prescribed under 23 the ACT Civil and Administrative Tribunal Act 2008. page 328 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Victims of Crime Regulation 2000 Part 1.104 Amendment [1.539] 1 47 Applications for review 2 The following may apply to the ACAT for review of a reviewable 3 decision: 4 (a) an entity mentioned in schedule 1, column 4 in relation to the 5 decision; 6 (b) any other person whose interests are affected by the decision. 7 Note If a form is approved under the ACT Civil and Administrative Tribunal 8 Act 2008 for the application, the form must be used. 9 [1.539] Section 49A 10 omit 11 schedule 1 12 substitute 13 schedule 2 14 [1.540] New schedule 1 15 insert 16 Schedule 1 Reviewable decisions about 17 service providers 18 (see div 3.6) column 1 column 2 column 3 column 4 item section decision entity 1 40 refuse to applicant approve service provider ACT Civil and Administrative Tribunal Legislation page 329 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.104 Victims of Crime Regulation 2000 Amendment [1.541] column 1 column 2 column 3 column 4 item section decision entity 2 42 suspend service provider service provider's approval 3 43 cancel person who was approved approval of service provider service provider 1 [1.541] Schedule 1 heading 2 substitute 3 Schedule 2 Victims services levy-- 4 excluded offences 5 (s 49A) 6 [1.542] Schedule 1, part 1.1 heading 7 substitute 8 Part 2.1 Australian Road Rules 9 [1.543] Schedule 1, part 1.2 heading 10 substitute 11 Part 2.2 Road Transport (Safety and 12 Traffic Management) Regulation 13 2000 page 330 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Victims of Crime Regulation 2000 Part 1.104 Amendment [1.544] 1 [1.544] Schedule 1, part 1.3 heading 2 substitute 3 Part 2.3 Australian National University 4 Act 1991 (Cwlth)--Parking and 5 Traffic Statute (No 2) 2007 6 [1.545] Dictionary, note 2, dot points 7 omit 8 · administrative appeals tribunal 9 substitute 10 · ACAT 11 [1.546] Dictionary, note 2, new dot point 12 insert 13 · reviewable decision notice 14 [1.547] Dictionary, definition of affected person 15 substitute 16 affected person, for division 3.2 (Notification and review of 17 eligibility decisions)--see section 25. 18 [1.548] Dictionary, new definition of internally reviewable 19 decision 20 insert 21 internally reviewable decision, for division 3.2 (Notification and 22 review of eligibility decisions)--see section 25. ACT Civil and Administrative Tribunal Legislation page 331 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.104 Victims of Crime Regulation 2000 Amendment [1.549] 1 [1.549] Dictionary, definition of internal reviewer 2 substitute 3 internal reviewer, for division 3.2 (Notification and review of 4 eligibility decisions)--see section 26A. 5 [1.550] Dictionary, new definitions 6 insert 7 internal reviewer's decision, for division 3.2 (Notification and 8 review of eligibility decisions)--see section 25. 9 internal review notice, for division 3.2 (Notification and review of 10 eligibility decisions)--see the ACT Civil and Administrative 11 Tribunal Act 2008, section 67B (1). 12 [1.551] Dictionary, definition of reviewable decision 13 substitute 14 reviewable decision-- 15 (a) for division 3.2 (Notification and review of eligibility 16 decisions)--see section 25; and 17 (b) for division 3.6 (Notification and review of decisions)--see 18 section 46. page 332 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Waste Minimisation Act 2001 Part 1.105 Amendment [1.552] 1 Part 1.105 Waste Minimisation Act 2001 2 [1.552] Section 18 (3) 3 substitute 4 (3) The notice under subsection (1) must require the member to remedy 5 the contravention within a stated period of at least 1 month after the 6 date the notice is given to the member. 7 Note A decision requiring a person to remedy a contravention of an IWRP is 8 a reviewable decision (see s 44), and the chief executive must give a 9 reviewable decision notice to the person (see s 44A). 10 [1.553] Part 5 heading and section 44 11 substitute 12 Part 5 Notification and review of 13 decisions 14 44 Meaning of reviewable decision--pt 5 15 In this part: 16 reviewable decision means a decision under section 18 to require a 17 person to remedy a contravention of an IWRP. 18 44A Reviewable decision notices 19 If the chief executive makes a reviewable decision, the chief 20 executive must give a reviewable decision notice to the person of 21 whom the requirement under section 18 is made. 22 Note 1 The chief executive must also take reasonable steps to give a reviewable 23 decision notice to any other person whose interests are affected by the 24 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 25 Note 2 The requirements for reviewable decision notices are prescribed under 26 the ACT Civil and Administrative Tribunal Act 2008. ACT Civil and Administrative Tribunal Legislation page 333 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.105 Waste Minimisation Act 2001 Amendment [1.554] 1 44B Applications for review 2 The following people may apply to the ACAT for review of a 3 reviewable decision: 4 (a) a person of whom a requirement under section 18 is made; 5 (b) any other person whose interests are affected by the decision. 6 Note If a form is approved under the ACT Civil and Administrative Tribunal 7 Act 2008 for the application, the form must be used. 8 Part 6 Miscellaneous 9 [1.554] Dictionary, note 2, new dot points 10 insert 11 · ACAT 12 · reviewable decision notice 13 [1.555] Dictionary, new definition of reviewable decision 14 insert 15 reviewable decision, for part 5 (Notification and review of 16 decisions)--see section 44. page 334 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Water and Sewerage Act 2000 Part 1.106 Amendment [1.556] 1 Part 1.106 Water and Sewerage Act 2000 2 [1.556] Part 5 heading and section 44 3 substitute 4 Part 5 Notification and review of 5 decisions 6 44 Meaning of reviewable decision--pt 5 7 In this part: 8 reviewable decision means a decision prescribed by regulation. 9 44A Reviewable decision notices 10 If a person makes a reviewable decision, the person must give a 11 reviewable decision notice to each entity prescribed by regulation in 12 relation to the decision. 13 Note 1 The person must also take reasonable steps to give a reviewable 14 decision notice to any other person whose interests are affected by the 15 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 16 Note 2 The requirements for reviewable decision notices are prescribed under 17 the ACT Civil and Administrative Tribunal Act 2008. 18 44B Applications for review 19 The following may apply to the ACAT for review of a reviewable 20 decision: 21 (a) an entity prescribed by regulation in relation to the decision; 22 (b) any other person whose interests are affected by the decision. 23 Note If a form is approved under the ACT Civil and Administrative Tribunal 24 Act 2008 for the application, the form must be used. ACT Civil and Administrative Tribunal Legislation page 335 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.107 Water and Sewerage Regulation 2001 Amendment [1.557] 1 Part 5A Miscellaneous 2 [1.557] Dictionary, note 2, dot points 3 omit 4 · administrative appeals tribunal 5 substitute 6 · ACAT 7 [1.558] Dictionary, note 2, new dot point 8 insert 9 · reviewable decision notice 10 [1.559] Dictionary, new definition of reviewable decision 11 insert 12 reviewable decision, for part 5 (Notification and review of 13 decisions)--see section 44. 14 Part 1.107 Water and Sewerage Regulation 15 2001 16 [1.560] Sections 26 and 27 17 substitute 18 26 Reviewable decisions--Act, s 44, def reviewable decision 19 A decision mentioned in schedule 1, column 3 under a provision 20 mentioned in column 2 in relation to the decision is prescribed. 21 27 Right of review and notice--Act, s 44A and s 44B (a) 22 An entity mentioned in schedule 1, column 4 is prescribed. page 336 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Water and Sewerage Regulation 2001 Part 1.107 Amendment [1.561] 1 [1.561] New schedule 1 2 insert 3 Schedule 1 Reviewable decisions 4 (see s 26 and s 27) column 1 column 2 column 3 column 4 item section decision entity 1 Act, 22 (2) give direction to do owner given direction work 2 Act, 32 (4) give direction to take entity given direction stated action 3 15 (4) refuse to give applicant for exemption exemption 4 25 refuse to issue applicant for certificate certificate of of compliance compliance ACT Civil and Administrative Tribunal Legislation page 337 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.108 Water Resources Act 2007 Amendment [1.562] 1 Part 1.108 Water Resources Act 2007 2 [1.562] Part 11 3 substitute 4 Part 11 Notification and review of 5 decisions 6 94 Meaning of reviewable decision--pt 11 7 In this part: 8 reviewable decision means a decision mentioned in schedule 1, 9 column 3 under a provision of this Act mentioned in column 2 in 10 relation to the decision. 11 95 Reviewable decision notices 12 If the authority makes a reviewable decision, the authority must give 13 a reviewable decision notice to each entity mentioned in schedule 1, 14 column 4 in relation to the decision. 15 Note 1 The authority must also take reasonable steps to give a reviewable 16 decision notice to any other person whose interests are affected by the 17 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 18 Note 2 The requirements for reviewable decision notices are prescribed under 19 the ACT Civil and Administrative Tribunal Act 2008. 20 96 Applications for review 21 The following may apply to the ACAT for review of a reviewable 22 decision: 23 (a) an entity mentioned in schedule 1, column 4 in relation to the 24 decision; page 338 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Water Resources Act 2007 Part 1.108 Amendment [1.563] 1 (b) any other person whose interests are affected by the decision. 2 Note If a form is approved under the ACT Civil and Administrative Tribunal 3 Act 2008 for the application, the form must be used. 4 [1.563] New schedule 1 5 insert 6 Schedule 1 Reviewable decisions 7 (see pt 11) column 1 column 2 column 3 column 4 item section decision entity 1 24 amend water access holder of water access entitlement entitlement 2 26 refuse to approve holder of water access transfer of whole or entitlement part of water access entitlement 3 30 refuse to issue applicant for licence licence to take water 4 31 impose condition on applicant for licence licence to take water 5 35 refuse to issue applicant for licence driller's licence 6 36 impose condition on applicant for licence driller's licence 7 39 refuse to issue bore applicant for licence work licence ACT Civil and Administrative Tribunal Legislation page 339 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.108 Water Resources Act 2007 Amendment [1.563] column 1 column 2 column 3 column 4 item section decision entity 8 40 impose condition on applicant for licence bore work licence 9 44 refuse to issue applicant for licence waterway work licence 10 45 impose condition on applicant for licence waterway work licence 11 49 refuse to issue applicant for licence recharge licence 12 50 impose condition on applicant for licence recharge licence 13 53 refuse to renew applicant for renewal licence 14 55 impose condition on, licence holder or amend existing condition of, licence 15 62 take disciplinary holder of water access action mentioned in entitlement, water s 61 (c), (d), (e) or allocation or licence (f) 16 72 give direction to person to whom modify or remove direction given water structure 17 73 give direction to take person to whom stated action to direction given rectify effect of unauthorised activity page 340 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Water Resources Act 2007 Part 1.108 Amendment [1.564] column 1 column 2 column 3 column 4 item section decision entity 18 74 give direction to take person to whom stated action to direction given prevent or rectify damage to bed or banks of waterway 19 75 give direction in person to whom relation to direction given unlicensed taking of surface water 20 76 give direction in person to whom relation to bore direction given 1 [1.564] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.565] Dictionary, definition of reviewable decision 6 substitute 7 reviewable decision, for part 11 (Notification and review of 8 decisions)--see section 94. ACT Civil and Administrative Tribunal Legislation page 341 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.109 Workers Compensation Act 1951 Amendment [1.566] 1 Part 1.109 Workers Compensation Act 1951 2 [1.566] Chapter 12 3 substitute 4 Chapter 12 Notification and review of 5 decisions 6 198 Meaning of reviewable decision--ch 12 7 In this chapter: 8 reviewable decision means a decision made by the Minister that is 9 prescribed by regulation. 10 199 Reviewable decision notices 11 If the Minister makes a reviewable decision, the Minister must give 12 a reviewable decision notice to each entity prescribed by regulation 13 in relation to the decision. 14 Note 1 The Minister must also take reasonable steps to give a reviewable 15 decision notice to any other person whose interests are affected by the 16 decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 17 Note 2 The requirements for reviewable decision notices are prescribed under 18 the ACT Civil and Administrative Tribunal Act 2008. 19 199A Applications for review 20 The following may apply to the ACAT for review of a reviewable 21 decision: 22 (a) an entity prescribed by regulation in relation to the decision; 23 (b) any other person whose interests are affected by the decision. 24 Note If a form is approved under the ACT Civil and Administrative Tribunal 25 Act 2008 for the application, the form must be used. page 342 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Workers Compensation Regulation 2002 Part 1.110 Amendment [1.567] 1 [1.567] Dictionary, note 2, new dot points 2 insert 3 · ACAT 4 · reviewable decision notice 5 [1.568] Dictionary, definition of reviewable decision 6 omit 7 (Review of decisions by administrative appeals tribunal) 8 substitute 9 (Notification and review of decisions) 10 Part 1.110 Workers Compensation 11 Regulation 2002 12 [1.569] Section 33 (3) (a) 13 substitute 14 (a) if the decision is to take action other than suspension--by 15 giving the provider a reviewable decision notice; or 16 Note The requirements for reviewable decision notices are prescribed 17 under the ACT Civil and Administrative Tribunal Act 2008. 18 [1.570] Section 34 (3) (a) 19 substitute 20 (a) if the decision is to take action other than suspension or 21 revocation--by giving the provider a reviewable decision 22 notice; or 23 Note The requirements for reviewable decision notices are prescribed 24 under the ACT Civil and Administrative Tribunal Act 2008. ACT Civil and Administrative Tribunal Legislation page 343 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.110 Workers Compensation Regulation 2002 Amendment [1.571] 1 [1.571] Section 35 (1), note 2 omit 3 s 198 (Notice of reviewable decisions to be given to affected people) 4 substitute 5 s 199 6 [1.572] Section 81 (3) (a) 7 substitute 8 (a) if the decision is to take action other than suspension--by 9 giving the insurer a reviewable decision notice; or 10 Note The requirements for reviewable decision notices are prescribed 11 under the ACT Civil and Administrative Tribunal Act 2008. 12 [1.573] Section 82 (4) (a) 13 substitute 14 (a) if the decision is to take action other than suspension or 15 revocation--by giving the insurer a reviewable decision notice; 16 or 17 Note The requirements for reviewable decision notices are prescribed 18 under the ACT Civil and Administrative Tribunal Act 2008. 19 [1.574] Section 83 (1), note 20 omit 21 s 198 (Notice of reviewable decisions to be given to affected people) 22 substitute 23 s 199 page 344 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Workers Compensation Regulation 2002 Part 1.110 Amendment [1.575] 1 [1.575] Section 93 (3) (a) 2 substitute 3 (a) if the decision is to take action other than suspension--by 4 giving the self-insurer a reviewable decision notice; or 5 Note The requirements for reviewable decision notices are prescribed 6 under the ACT Civil and Administrative Tribunal Act 2008. 7 [1.576] Section 94 (3) (a) 8 substitute 9 (a) if the decision is to take action other than suspension or 10 revocation--by giving the self-insurer a reviewable decision 11 notice; or 12 Note The requirements for reviewable decision notices are prescribed 13 under the ACT Civil and Administrative Tribunal Act 2008. 14 [1.577] Section 95 (1), note 15 omit 16 s 198 (Notice of reviewable decisions to be given to affected people) 17 substitute 18 s 199 19 [1.578] Section 98 20 substitute 21 98 Reviewable decisions--Act, ch 12, def reviewable 22 decision 23 A decision mentioned in schedule 3, column 3 under a provision 24 mentioned in column 2 in relation to the decision is prescribed. 25 98A Right of review and notice--Act, s 199 and s 199A (a) 26 An entity mentioned in schedule 2, column 4 is prescribed. ACT Civil and Administrative Tribunal Legislation page 345 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.110 Workers Compensation Regulation 2002 Amendment [1.579] 1 [1.579] Schedule 3 2 substitute 3 Schedule 3 Reviewable decisions 4 (see s 98 and s 98A) column 1 column 2 column 3 column 4 item section decision entity 1 Act, 18 (3) refuse to exempt applicant for principal from s 18 (2) exemption (which makes commercial volunteers workers) 2 Act, 145 (1) refuse to approve insurer applicant for approval 3 17 (1) refuse to approve person applicant for as rehabilitation approval provider 4 17 (2) approve rehabilitation applicant for provider for less than approval 3 years 5 28 impose condition on rehabilitation rehabilitation provider's provider approval page 346 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Workers Compensation Regulation 2002 Part 1.110 Amendment [1.579] column 1 column 2 column 3 column 4 item section decision entity 6 33 suspend rehabilitation rehabilitation provider's approval, provider that has amend conditions of approval suspended rehabilitation provider's or that has approval or censure the conditions amended approved rehabilitation or that is censured provider 7 34 revoke or suspend rehabilitation rehabilitation provider's provider that has approval, amend approval revoked or conditions of suspended or that rehabilitation provider's has conditions approval or censure the amended or that is approved rehabilitation censured provider 8 70 approve insurer for less applicant for than 3 years approval 9 79 impose condition on insurer insurer's approval 10 81 suspend insurer's insurer that has approval, amend approval suspended conditions of insurer's or conditions approval or censure the amended or that is approved insurer censured 11 82 suspend or revoke insurer that has insurer's approval, approval revoked or amend conditions of suspended or insurer's approval or conditions amended censure the approved or that is censured insurer ACT Civil and Administrative Tribunal Legislation page 347 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] Part 1.110 Workers Compensation Regulation 2002 Amendment [1.579] column 1 column 2 column 3 column 4 item section decision entity 12 87 refuse to exempt an applicant for employer from exemption requirement to maintain compulsory insurance policy 13 91 impose condition on employer employer's exemption 14 93 suspend self-insurer's self-insurer that has exemption, amend approval suspended conditions of or conditions self-insurer's exemption amended or that is or censure the self- censured insurer 15 94 suspend or revoke self-insurer that has self-insurer's exemption, approval revoked or amend conditions of suspended or self-insurer's exemption conditions amended or censure the or that is censured self-insurer page 348 ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au [Page Break] 1 Presentation speech Presentation speech made in the Legislative Assembly on 2008. 2 Notification Notified under the Legislation Act on 2008. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. © Australian Capital Territory 2008 ACT Civil and Administrative Tribunal Legislation page 349 Amendment Bill 2008 (No 2) Authorised by the ACT Parliamentary Counsel--also accessible at www.legislation.act.gov.au