Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY

   1.      Short title [see Note 1]  
   2.      Commencement [see Note 1]  
   2A.     Tribunal's objective  
   3.      Interpretation  
   4.      Extension to external Territories  

   PART II--ESTABLISHMENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL

           Division 1--Establishment of Tribunal

   5.      Establishment of Tribunal  

           Division 2--Members of Tribunal

   6.      Appointment of members of Tribunal  
   7.      Qualifications for appointment  
   7A.     Appointment of a Judge as a presidential member not to affect tenure etc.  
   8.      Term of appointment  
   9.      Remuneration and allowances  
   10.     Acting appointments  
   10A.    Delegation  
   10B.    Oath or affirmation of office  
   11.     Outside employment  
   12.     Leave of absence  
   13.     Removal from office  
   14.     Disclosure of interests by members  
   15.     Resignation  

   PART III--ORGANIZATION OF THE TRIBUNAL

           Division 1--Divisions of the Tribunal

   19.     Divisions of the Tribunal  

           Division 2--Arrangement of business of the Tribunal

   20.     Arrangement of business  
   20A.    Places of sitting  

           Division 3--Constitution and reconstitution of the Tribunal

   20B.    President may give directions as to constitution of Tribunal  
   21.     Constitution of Tribunal for exercise of powers  
   21AA.   Constitution of Security Appeals Division  
   21A.    Reconstitution of Tribunal at the request of a party  
   22.     Member Presiding  
   23.     Reconstitution of Tribunal if member is unavailable  
   23A.    Reconstitution of Tribunal to achieve expeditious and efficient conduct of proceeding  
   23B.    Matters to which the President must have regard in constituting the Tribunal  
   23C.    Limitation on composition of reconstituted Tribunal  
   23D.    Tribunal may have regard to record of previous proceeding  
   23E.    Constitution of Tribunal for review of amount taxed--general rule  
   23F.    Constitution of Tribunal for review of amount taxed--member unavailable  

   PART IIIAA--SMALL TAXATION CLAIMS TRIBUNAL

   24AA.   Definitions  
   24AB.   Reviews of relevant taxation decisions to be heard before the Taxation Appeals Division  
   24AC.   Small Taxation Claims Tribunal to hear certain tax disputes  
   24AD.   What happens if the Small Taxation Claims Tribunal considers that the tax in dispute is not less than the determined amount  

   PART IIIA--MANAGEMENT OF THE TRIBUNAL

           Division 1--Management responsibilities of President and Registrar

   24A.    Management of administrative affairs of Tribunal  
   24B.    Registrar of the Tribunal  

           Division 2--Appointment, powers etc

   24C.    Appointment of Registrar  
   24D.    Powers of the Registrar  
   24E.    Remuneration of Registrar  
   24F.    Terms and conditions of appointment of Registrar  
   24G.    Leave of absence  
   24H.    Resignation  
   24J.    Outside employment of Registrar  
   24K.    Termination of appointment  
   24L.    Disclosure of interests by Registrar  
   24M.    Acting Registrar  

           Division 3--Other officers and staff of Tribunal

   24N.    Officers and staff of the Tribunal  
   24P.    Statutory Agency etc. for purposes of Public Service Act  
   24Q.    Engagement of consultants etc.  

           Division 4--Miscellaneous administrative matters

   24R.    Annual report  
   24V.    Delegation of administrative powers of President  
   24W.    Proceedings arising out of administration of Tribunal  

   PART IV--REVIEWS BY THE TRIBUNAL OF DECISIONS

           Division 1--Applications for review of decisions

   25.     Tribunal may review certain decisions  
   26.     Restriction on powers of decision-maker after application for review is made  
   27.     Persons who may apply to Tribunal  
   27AA.   Applications to Tribunal under Australian Security Intelligence Organisation Act  
   27A.    Notice of decision and review rights to be given  
   27B.    Review--Code of Practice  
   28.     Person affected by decision may obtain reasons for decision  
   29.     Manner of applying for review  
   29A.    Applications--payment of fees  
   29B.    Notice of application  

           Division 2--Parties and procedure

   30.     Parties to proceeding before Tribunal  
   30A.    Intervention by Attorney-General  
   31.     Tribunal to determine persons whose interests are affected by decision  
   32.     Representation before Tribunal  
   33.     Procedure of Tribunal  

           Division 3--Alternative dispute resolution processes

   34.     Scope of Division  
   34A.    Referral of proceeding for alternative dispute resolution process  
   34B.    Alternative dispute resolution processes--proceeding before the Small Taxation Claims Tribunal  
   34C.    Directions by President  
   34D.    Agreement about the terms of a decision etc.  
   34E.    Evidence not admissible  
   34F.    Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal  
   34G.    Participation by telephone etc.  
   34H.    Engagement of persons to conduct alternative dispute resolution processes  

           Division 4--Hearings and evidence

   34J.    Circumstances in which hearing may be dispensed with  
   35.     Hearings to be in public except in special circumstances  
   35AA.   Restriction on publication of evidence and findings in a proceeding before the Security Appeals Division  
   35A.    Participation by telephone etc.  
   36.     Disclosure not required: Attorney-General's public interest certificate  
   36A.    Answering questions where Attorney-General intervenes on public interest grounds  
   36B.    Disclosure not required: State Attorney-General's public interest certificate  
   36C.    Answering questions where State Attorney-General intervenes on public interest grounds  
   36D.    Public interest questions under sections 36, 36A and 36C  
   37.     Lodging of material documents with Tribunal  
   38.     Power of Tribunal to obtain additional statements  
   38A.    Director-General of Security to lodge certain material with Tribunal  
   39.     Opportunity to make submissions concerning evidence  
   39A.    Procedure at certain hearings in Security Appeals Division  
   39B.    Certain documents and information not to be disclosed in proceedings before Security Appeals Division  

           Division 5--Procedural powers of Tribunal

   40.     Powers of Tribunal etc.  
   41.     Operation and implementation of a decision that is subject to review  
   42.     Resolving disagreements  
   42A.    Discontinuance, dismissal, reinstatement etc. of application  
   42B.    Power of Tribunal where a proceeding is frivolous or vexatious  
   42C.    Power of Tribunal if parties reach agreement  
   42D.    Power to remit matters to decision-maker for further consideration  

           Division 6--Tribunal's decision on review

   43.     Tribunal's decision on review  

           Division 7--Miscellaneous

   43AAA.  Findings of Tribunal in certain proceedings before Security Appeals Division  
   43AA.   Correction of errors in decisions or statement of reasons  
   43A.    Return of documents etc. at completion of proceeding  

   PART IVA--APPEALS AND REFERENCES OF QUESTIONS OF LAW TO THE FEDERAL COURT OF

   43B.    Part applies whether Tribunal's power conferred by an enactment or by a law of a State  
   44.     Appeals to Federal Court of Australia from decisions of the Tribunal  
   44AA.   Transfer of appeals from Federal Court to Federal Magistrates Court  
   44A.    Operation and implementation of a decision that is subject to appeal  
   45.     Reference of questions of law to Federal Court of Australia  
   46.     Sending of documents to, and disclosure of documents by, the Federal Court of Australia and the Federal Magistrates Court  

   PART V--ADMINISTRATIVE REVIEW COUNCIL

   47.     Interpretation  
   48.     Establishment of Council  
   49.     Composition of Council  
   50.     Qualifications for appointment  
   51.     Functions and powers of Council  
   51A.    Minister may give directions to the Council  
   51B.    Minister may refer matters to the Council  
   51C.    Reports by the Council  
   52.     Period of appointment  
   53.     Remuneration and allowances  
   54.     Resignation  
   55.     Removal from office  
   56.     Meetings  
   57.     Staff of Council  
   58.     Annual Report  

   PART VI--MISCELLANEOUS

   59.     Advisory opinions  
   59A.    Authorised members  
   60.     Protection of members, alternative dispute resolution practitioners, Registrars, District Registrars, Deputy Registrars, Conference Registrars, barristers and witnesses  
   61.     Failure to comply with summons  
   62.     Refusal to be sworn or to answer questions  
   62A.    False or misleading evidence  
   62B.    Extended operation of certain provisions  
   63.     Contempt of Tribunal  
   64.     Registries  
   65.     Officers of Tribunal  
   66.     Confidential information not to be disclosed  
   66A.    Application of confidentiality provisions in other Acts  
   67.     Fees for compliance with summons  
   67A.    Giving of notices  
   68.     Lodging of documents  
   68AA.   How documents may be given to a person  
   68A.    Calculation of short periods of time  
   69.     Legal assistance  
   69A.    Procedure for taxing costs  
   69B.    Costs in certain proceedings in Security Appeals Division  
   70.     Regulations  
           SCHEDULE 2