ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

This compilation was prepared on 12 October 2009
taking into account amendments up to Act No. 99 of 2009

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra

Contents

Part I--Preliminary 1

1............ Short title [see Note 1] ....................................................................... 1

2............ Commencement [see Note 1] .............................................................. 1

2A......... Tribunal's objective ............................................................................ 1

3............ Interpretation ...................................................................................... 1

4............ Extension to external Territories ......................................................... 4

Part II--Establishment of the Administrative Appeals Tribunal 5

Division 1--Establishment of Tribunal 5

5............ Establishment of Tribunal .................................................................. 5

Division 2--Members of Tribunal 6

6............ Appointment of members of Tribunal ............................................... 6

7............ Qualifications for appointment .......................................................... 6

7A......... Appointment of a Judge as a presidential member not to affect tenure etc. 7

8............ Term of appointment ......................................................................... 8

9............ Remuneration and allowances ............................................................. 8

10.......... Acting appointments .......................................................................... 8

10A....... Delegation ......................................................................................... 11

10B....... Oath or affirmation of office ............................................................. 11

11.......... Outside employment ........................................................................ 12

12.......... Leave of absence ............................................................................... 12

13.......... Removal from office ......................................................................... 12

14.......... Disclosure of interests by members ................................................. 14

15.......... Resignation ....................................................................................... 15

Part III--Organization of the Tribunal 16

Division 1--Divisions of the Tribunal 16

19.......... Divisions of the Tribunal .................................................................. 16

Division 2--Arrangement of business of the Tribunal 18

20.......... Arrangement of business .................................................................. 18

20A....... Places of sitting ................................................................................. 18

Division 3--Constitution and reconstitution of the Tribunal 19

20B....... President may give directions as to constitution of Tribunal ........... 19

21.......... Constitution of Tribunal for exercise of powers .............................. 19

21AA.... Constitution of Security Appeals Division--general ....................... 20

21AB.... Constitution of Security Appeals Division--proceedings to review certain decisions under the Archives Act 1983 .......................................................................................................... 21

21A....... Reconstitution of Tribunal at the request of a party ........................ 24

22.......... Member Presiding ............................................................................. 25

23.......... Reconstitution of Tribunal if member is unavailable ........................ 26

23A....... Reconstitution of Tribunal to achieve expeditious and efficient conduct of proceeding 28

23B....... Matters to which the President must have regard in constituting the Tribunal 29

23C....... Limitation on composition of reconstituted Tribunal ...................... 30

23D....... Tribunal may have regard to record of previous proceeding ............ 30

23E........ Constitution of Tribunal for review of amount taxed--general rule . 31

23F........ Constitution of Tribunal for review of amount taxed--member unavailable 32

Part IIIAA--Small Taxation Claims Tribunal 34

24AA.... Definitions ........................................................................................ 34

24AB.... Reviews of relevant taxation decisions to be heard before the Taxation Appeals Division 34

24AC.... Small Taxation Claims Tribunal to hear certain tax disputes ............ 34

24AD.... What happens if the Small Taxation Claims Tribunal considers that the tax in dispute is not less than the determined amount .............................................................................................. 35

Part IIIA--Management of the Tribunal 38

Division 1--Management responsibilities of President and Registrar 38

24A....... Management of administrative affairs of Tribunal ........................... 38

24B....... Registrar of the Tribunal ................................................................... 38

Division 2--Appointment, powers etc. of Registrar 39

24C....... Appointment of Registrar ................................................................ 39

24D....... Powers of the Registrar .................................................................... 39

24E........ Remuneration of Registrar ................................................................ 39

24F........ Terms and conditions of appointment of Registrar .......................... 39

24G....... Leave of absence ............................................................................... 40

24H....... Resignation ....................................................................................... 40

24J........ Outside employment of Registrar .................................................... 40

24K....... Termination of appointment ............................................................ 40

24L........ Disclosure of interests by Registrar ................................................. 42

24M...... Acting Registrar ................................................................................ 42

Division 3--Other officers and staff of Tribunal 43

24N....... Officers and staff of the Tribunal ..................................................... 43

24P........ Statutory Agency etc. for purposes of Public Service Act .............. 43

24Q....... Engagement of consultants etc. ......................................................... 44

Division 4--Miscellaneous administrative matters 45

24R....... Annual report ................................................................................... 45

24V....... Delegation of administrative powers of President ............................ 45

24W...... Proceedings arising out of administration of Tribunal ...................... 45

Part IV--Reviews by the Tribunal of decisions 46

Division 1--Applications for review of decisions 46

25.......... Tribunal may review certain decisions ............................................. 46

26.......... Restriction on powers of decision‑maker after application for review is made 48

27.......... Persons who may apply to Tribunal ................................................ 48

27AA.... Applications to Tribunal under Australian Security Intelligence Organisation Act 49

27A....... Notice of decision and review rights to be given .............................. 49

27B....... Review--Code of Practice ................................................................ 50

28.......... Person affected by decision may obtain reasons for decision .......... 51

29.......... Manner of applying for review ........................................................ 54

29A....... Applications--payment of fees ....................................................... 58

29B....... Notice of application ........................................................................ 59

Division 2--Parties and procedure 60

30.......... Parties to proceeding before Tribunal ............................................... 60

30A....... Intervention by Attorney‑General ................................................... 61

31.......... Tribunal to determine persons whose interests are affected by decision 61

32.......... Representation before Tribunal ........................................................ 61

33.......... Procedure of Tribunal ....................................................................... 61

Division 3--Alternative dispute resolution processes 64

34.......... Scope of Division ............................................................................. 64

34A....... Referral of proceeding for alternative dispute resolution process .... 64

34B....... Alternative dispute resolution processes--proceeding before the Small Taxation Claims Tribunal 65

34C....... Directions by President .................................................................... 66

34D....... Agreement about the terms of a decision etc. ................................... 66

34E........ Evidence not admissible .................................................................... 67

34F........ Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal 68

34G....... Participation by telephone etc. ......................................................... 68

34H....... Engagement of persons to conduct alternative dispute resolution processes 69

Division 4--Hearings and evidence 70

34J........ Circumstances in which hearing may be dispensed with .................. 70

35.......... Hearings to be in public except in special circumstances ................. 70

35AA.... Restriction on publication of evidence and findings in a proceeding before the Security Appeals Division 71

35A....... Participation by telephone etc. ......................................................... 72

36.......... Disclosure not required: Attorney‑General's public interest certificate 72

36A....... Answering questions where Attorney‑General intervenes on public interest grounds 74

36B....... Disclosure not required: State Attorney‑General's public interest certificate 75

36C....... Answering questions where State Attorney‑General intervenes on public interest grounds 77

36D....... Public interest questions under sections 36, 36A and 36C .............. 78

37.......... Lodging of material documents with Tribunal .................................. 79

38.......... Power of Tribunal to obtain additional statements .......................... 83

38A....... Director‑General of Security to lodge certain material with Tribunal 83

39.......... Opportunity to make submissions concerning evidence .................. 84

39A....... Procedure at certain hearings in Security Appeals Division ............. 84

39B....... Certain documents and information not to be disclosed in proceedings before Security Appeals Division 87

Division 5--Procedural powers of Tribunal 91

40.......... Powers of Tribunal etc. .................................................................... 91

41.......... Operation and implementation of a decision that is subject to review 93

42.......... Resolving disagreements ................................................................... 95

42A....... Discontinuance, dismissal, reinstatement etc. of application ........... 96

42B....... Power of Tribunal where a proceeding is frivolous or vexatious ...... 98

42C....... Power of Tribunal if parties reach agreement ................................... 98

42D....... Power to remit matters to decision‑maker for further consideration 99

Division 6--Tribunal's decision on review 101

43.......... Tribunal's decision on review ......................................................... 101

Division 7--Miscellaneous 104

43AAA. Findings of Tribunal in certain proceedings before Security Appeals Division 104

43AA.... Correction of errors in decisions or statement of reasons .............. 105

43A....... Return of documents etc. at completion of proceeding .................. 106

Part IVA--Appeals and references of questions of law to the Federal Court of Australia 107

43B....... Part applies whether Tribunal's power conferred by an enactment or by a law of a State 107

44.......... Appeals to Federal Court of Australia from decisions of the Tribunal 107

44AA.... Transfer of appeals from Federal Court to Federal Magistrates Court 110

44A....... Operation and implementation of a decision that is subject to appeal 112

45.......... Reference of questions of law to Federal Court of Australia ......... 114

46.......... Sending of documents to, and disclosure of documents by, the Federal Court of Australia and the Federal Magistrates Court ............................................................................................... 114

Part V--Administrative Review Council 117

47.......... Interpretation .................................................................................. 117

48.......... Establishment of Council ................................................................ 117

49.......... Composition of Council ................................................................. 117

50.......... Qualifications for appointment ...................................................... 118

51.......... Functions and powers of Council ................................................... 118

51A....... Minister may give directions to the Council .................................. 120

51B....... Minister may refer matters to the Council ..................................... 120

51C....... Reports by the Council .................................................................. 120

52.......... Period of appointment .................................................................... 121

53.......... Remuneration and allowances ......................................................... 121

54.......... Resignation ..................................................................................... 122

55.......... Removal from office ....................................................................... 122

56.......... Meetings ......................................................................................... 122

57.......... Staff of Council ............................................................................... 123

58.......... Annual Report ................................................................................ 124

Part VI--Miscellaneous 125

59.......... Advisory opinions .......................................................................... 125

59A....... Authorised members ....................................................................... 125

60.......... Protection of members, alternative dispute resolution practitioners, Registrars, District Registrars, Deputy Registrars, Conference Registrars, barristers and witnesses ............................. 126

61.......... Failure to comply with summons ................................................... 127

62.......... Refusal to be sworn or to answer questions ................................... 128

62A....... False or misleading evidence ........................................................... 129

62B....... Extended operation of certain provisions ....................................... 129

63.......... Contempt of Tribunal ..................................................................... 129

64.......... Registries ........................................................................................ 130

65.......... Officers of Tribunal ........................................................................ 130

66.......... Confidential information not to be disclosed .................................. 131

66A....... Application of confidentiality provisions in other Acts ................ 132

67.......... Fees for compliance with summons ............................................... 133

67A....... Giving of notices ............................................................................. 133

68.......... Lodging of documents ..................................................................... 133

68AA.... How documents may be given to a person ..................................... 134

68A....... Calculation of short periods of time ............................................... 135

69.......... Legal assistance ............................................................................... 135

69A....... Procedure for taxing costs ............................................................... 136

69B....... Costs in certain proceedings in Security Appeals Division ........... 136

70.......... Regulations ..................................................................................... 137

Schedule 2 138

Notes 139

Notes to the Administrative Appeals Tribunal Act 1975

Note 1

The Administrative Appeals Tribunal Act 1975 as shown in this compilation comprises Act No. 91, 1975 amended as indicated in the Tables below.

The Administrative Appeals Tribunal Act 1975 was modified by the Commonwealth Employees' Rehabilitation and Compensation Act 1988 (No. 75, 1988), the Social Security Act 1991 (No. 46, 1991), the Taxation Laws Amendment Act (No. 3) 1991 (No. 216, 1991) and the Migration Reform Act 1992 (No. 184, 1992). The modifications made by these Acts are not incorporated in this compilation.

The Administrative Appeals Tribunal Act 1975 was amended by the Administrative Appeals Tribunal (Social Services Act) Regulations. The amendments made by these Regulations were repealed by the Statute Law Revision Act 1981 (No. 61, 1981).

The Administrative Appeals Tribunal Act 1975 was amended by the Administrative Appeals Tribunal (Patent Attorneys) Regulations. The amendments are incorporated in this compilation.

For application, saving or transitional provisions made by the Corporations (Repeals, Consequentials and Transitionals) Act 2001, see Act No. 55, 2001.

All relevant information pertaining to application, saving or transitional provisions prior to 30 May 2000 is not included in this compilation. For subsequent information see Table A.

The Administrative Appeals Tribunal Act 1975 was modified by the A.C.T. Self‑Government (Consequential Provisions) Regulations (1989 No. 3 as amended) see Table B.

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Administrative Appeals Tribunal Act 1975	91, 1975	28 Aug 1975	1 July 1976 (see Gazette 1976, No. S94)
National Health Amendment Act 1976	60, 1976	5 June 1976	Ss. 1, 2, 28, 31, 41 and 42: Royal Assent Remainder: 1 Oct 1976	--
Broadcasting and Television Amendment Act 1976	89, 1976	31 Aug 1976	Ss. 5 and 6: 1 Sept 1976 Ss. 4, 15 and 18: 1 July 1976 Remainder: Royal Assent	--
Administrative Changes (Consequential Provisions) Act 1976	91, 1976	20 Sept 1976	S. 3: (a)	S. 4
Federal Court of Australia (Consequential Provisions) Act 1976	157, 1976	9 Dec 1976	1 Feb 1977 (see s. 2 and Gazette 1977, No. S3)	S. 4
Patents Amendment Act 1976	162, 1976	9 Dec 1976	Ss. 3, 4, 6, 7 and 10: 1 Feb 1977 (see Gazette 1977, No. S3, p. 2) Remainder: Royal Assent	S. 11(2)
Trade Marks Amendment Act 1976	163, 1976	9 Dec 1976	Ss. 3, 4, 7 and 10: 1 Feb 1977 (see Gazette 1977, No. S3, p. 3) Remainder: Royal Assent	S. 12(2)
Marriage Amendment Act 1976	209, 1976	20 Dec 1976	Ss. 1, 2 and 30: Royal Assent Ss. 14 and 31: 1 July 1976 Remainder: 20 June 1977 (see Gazette 1977, No. S93)	--
Agricultural Tractors Bounty Amendment Act 1977	30, 1977	16 May 1977	Ss. 3, 4, 6, 7 and 12: 1 Jan 1977 Remainder: Royal Assent	S. 13(2)
Income Tax Assessment Amendment Act 1977	57, 1977	16 June 1977	Ss. 16 and 17: 1 July 1976 Remainder: Royal Assent	--
Administrative Appeals Tribunal Amendment Act 1977	58, 1977	16 June 1977	16 June 1977	S. 29(2)
Remuneration and Allowances Amendment Act 1977	111, 1977	28 Oct 1977	Ss. 1, 2, 5, 9(2), 13, 16, 18 and 19(2): Royal Assent Remainder: 1 June 1977	--
Administrative Appeals Tribunal Amendment Act 1978	65, 1978	22 June 1978	1 July 1978	S. 6
Bounty (Books) Amendment Act 1978	109, 1978	19 Sept 1978	19 Sept 1978	S. 9(2)
Jurisdiction of Courts (Miscellaneous Amendments) Act 1979	19, 1979	28 Mar 1979	Parts II-XVII (ss. 3-123): 15 May 1979 (see Gazette 1979, No. S86) Remainder: Royal Assent	Ss. 9 and 124
Administrative Appeals Tribunal Amendment Act 1979	143, 1979	27 Nov 1979	27 Nov 1979	--
Customs Amendment Act (No. 3) 1980	110, 1980	6 June 1980	Ss. 3(b), 4 and 5: 1 July 1980 (see Gazette 1980, No. S146) Remainder: Royal Assent	S. 28(3)
Coal Excise Amendment Act 1981	19, 1981	25 Mar 1981	S. 4: 22 Apr 1981 Remainder: Royal Assent	S. 4(4)
Statute Law Revision Act 1981	61, 1981	12 June 1981	Ss. 3, 4 and 115: Royal Assent (b)	S. 4(2)
Statute Law (Miscellaneous Amendments) Act (No. 1) 1982	26, 1982	7 May 1982	Part III (ss. 5-40): 4 June 1982 (c)	Ss. 7(2), 39 and 40
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982	80, 1982	22 Sept 1982	S. 280: Royal Assent (d)	--
Statute Law (Miscellaneous Provisions) Act (No. 2) 1983	91, 1983	22 Nov 1983	S. 3: Royal Assent (e)	--
Public Service Reform Act 1984	63, 1984	25 June 1984	S. 151(1): 1 July 1984 (see Gazette 1984, No. S245) (f)	S. 151(9)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1984	72, 1984	25 June 1984	S. 3: 23 July 1984 (g)	S. 5(1)
Statute Law (Miscellaneous Provisions) Act (No. 1) 1985	65, 1985	5 June 1985	S. 3: 3 July 1985 (h)	--
Statute Law (Miscellaneous Provisions) Act (No. 2) 1985	193, 1985	16 Dec 1985	S. 3: Royal Assent (j)	S. 16
Taxation Boards of Review (Transfer of Jurisdiction) Act 1986	48, 1986	24 June 1986	S. 31, Parts VII and VIII (ss. 45-56): 24 June 1986 (see s. 2(2)) Remainder: 1 July 1986	--
Statute Law (Miscellaneous Provisions) Act 1988	38, 1988	3 June 1988	S. 3: Royal Assent (k)	S. 5(1)
Civil Aviation Act 1988	63, 1988	15 June 1988	Part III (ss. 17-32), s. 98, Parts IX and X (ss. 99-103): 1 July 1988 (see Gazette 1988, No. S189) Remainder: Royal Assent	--
A.C.T. Self‑Government (Consequential Provisions) Act 1988	109, 1988	6 Dec 1988	S. 32: 11 May 1989 (see Gazette 1989, No. S164) (l)	--
Law and Justice Legislation Amendment Act 1988	120, 1988	14 Dec 1988	Part III (ss. 6-16): Royal Assent (m)	Ss. 8(2) and 9(2)
Courts and Tribunals Administration Amendment Act 1989	157, 1989	5 Dec 1989	Part 1 (ss. 1, 2) and Part 6 (ss. 17, 18): Royal Assent Remainder: 1 Jan 1990 (see Gazette 1989, No. S398)	S. 22
Customs and Excise Legislation Amendment Act 1990	111, 1990	21 Dec 1990	S. 48: Royal Assent (n)	--
Industrial Relations Legislation Amendment Act 1991	122, 1991	27 June 1991	Ss. 4(1), 10(b) and 15-20: 1 Dec 1988 Ss. 28(b)-(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332) Remainder: Royal Assent	S. 31(2)
Law and Justice Legislation Amendment Act 1991	136, 1991	12 Sept 1991	Schedule: 10 Oct 1991 (o)	--
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 1992	94, 1992	30 June 1992	S. 3: 1 July 1990 Remainder: Royal Assent	--
Law and Justice Legislation Amendment Act (No. 3) 1992	165, 1992	11 Dec 1992	S. 4 (Schedule [Part 1]): 11 June 1993 (p)	--
Administrative Appeals Tribunal Amendment Act 1993	31, 1993	16 June 1993	16 June 1993	S. 4(2)
Law and Justice Legislation Amendment Act 1994	84, 1994	23 June 1994	Part 3 (ss. 6-8): 3 July 1994 (see Gazette 1994, No. S242) (q)	--
Corporations Legislation Amendment Act 1994	104, 1994	5 July 1994	S. 8: Royal Assent (r)	--
Law and Justice Legislation Amendment Act (No. 1) 1995	175, 1995	16 Dec 1995	16 Dec 1995	Sch. 1 (item 44)
Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996	38, 1996	9 Oct 1996	Schedule 2 (items 1, 2): 11 Nov 1996 (see Gazette 1996, No. GN43) (s)	--
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 2 (items 6, 7): (t) Schedule 4 (items 4, 5) and Schedule 5 (items 4-6): Royal Assent (t)	--
Workplace Relations and Other Legislation Amendment Act 1996	60, 1996	25 Nov 1996	Schedule 16 (item 1): 25 May 1997 (u) Schedule 19 (item 2): Royal Assent (u)	S. 2(2) and (6) (am. by 77, 1996, Sch. 3 [items 1, 2])
as amended by
Workplace Relations and Other Legislation Amendment Act (No. 2) 1996	77, 1996	19 Dec 1996	Schedule 3 (items 1, 2): (v)	--
Law and Justice Legislation Amendment Act 1997	34, 1997	17 Apr 1997	Schedule 1 (items 1, 3-6): 1 July 1997 (see Gazette 1997, No. S244) (w) Schedule 1 (item 2): Royal Assent (w)	--
Audit (Transitional and Miscellaneous) Amendment Act 1997	152, 1997	24 Oct 1997	Schedule 2 (items 139, 140): 1 Jan 1998 (see Gazette 1997, No. GN49) (x)	--
Law and Justice Legislation Amendment Act 1999	125, 1999	13 Oct 1999	Schedule 1: Royal Assent (y)	--
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 41-47): 5 Dec 1999 (see Gazette 1999, No. S584) (z)	--
Corporate Law Economic Reform Program Act 1999	156, 1999	24 Nov 1999	Schedule 12 (items 1, 3): 24 Nov 2000 (za)	--
Australian Security Intelligence Organisation Legislation Amendment Act 1999	161, 1999	10 Dec 1999	Schedule 3 (items 1, 3-15): (zb)	--
Federal Magistrates (Consequential Amendments) Act 1999	194, 1999	23 Dec 1999	Schedule 3: 23 Dec 1999 (zc)	--
Jurisdiction of Courts Legislation Amendment Act 2000	57, 2000	30 May 2000	Schedule 1 (items 1, 2): 1 July 2000 (see Gazette 2000, No. GN25)	Sch. 1 (item 2) [see Table A]
Corporations (Repeals, Consequentials and Transitionals) Act 2001	55, 2001	28 June 2001	Ss. 4-14 and Schedule 3 (items 11, 12): 15 July 2001 (see Gazette 2001, No. S285) (zd)	Ss. 4-14 [see Note 1]
Jurisdiction of the Federal Magistrates Service Legislation Amendment Act 2001	157, 2001	1 Oct 2001	Schedule 2 (items 1, 6(1)): Royal Assent (ze)	Sch. 2 (item 6(1)) [see Table A]
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001	159, 2001	1 Oct 2001	29 Oct 2001	Sch. 1 (item 97) [see Table A]
Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act (No. 1) 2003	64, 2003	30 June 2003	Schedule 5 (item 1): 1 July 2003	--
Taxation Laws Amendment Act (No. 6) 2003	67, 2003	30 June 2003	Schedule 9 (items 3, 4): 1 Sept 2003	--
Australian Passports (Transitionals and Consequentials) Act 2005	7, 2005	18 Feb 2005	Ss. 4-11 and Schedule 1: 1 July 2005 (see s. 2(1)) Remainder: Royal Assent	S. 7(2) [see Table A]
Administrative Appeals Tribunal Amendment Act 2005	38, 2005	1 Apr 2005	Schedule 1 (items 1-110): 16 May 2005 (see F2005L01029) Schedule 1 (items 112-180, 182-236): 16 May 2005 Remainder: Royal Assent	Sch. 1 (items 11, 22, 28, 31, 34, 37, 41, 42, 45, 51, 54, 56, 59, 65, 67-69, 100, 111, 113-120, 125, 129, 138, 144, 152, 161, 175, 177, 181, 184, 197, 201, 202) [see Table A]
Australian Citizenship (Transitionals and Consequentials) Act 2007	21, 2007	15 Mar 2007	Schedules 1-3: 1 July 2007 (see s. 2(1) and F2007L01653) Remainder: Royal Assent	Sch. 3 (items 14, 15) [see Table A]
Superannuation Legislation Amendment (Trustee Board and Other Measures) (Consequential Amendments) Act 2008	26, 2008	23 June 2008	Schedule 1 (items 1-8): Royal Assent	--
Freedom of Information (Removal of Conclusive Certificates and Other Measures) Act 2009	99, 2009	6 Oct 2009	Schedule 3: 7 Oct 2009	--

(a) The Administrative Appeals Tribunal Act 1975 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2(2) of which provides as follows:

(2) The amendments of the Administrative Appeals Tribunal Act 1975 made by this Act shall be deemed to have come into operation on the date of commencement of that Act.

(b) The Administrative Appeals Tribunal Act 1975 was amended by sections 3, 4 and 115 only of the Statute Law Revision Act 1981, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(c) The Administrative Appeals Tribunal Act 1975 was amended by Part III (sections 5-40) only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, subsection 2(12) of which provides as follows:

(12) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.

(d) The Administrative Appeals Tribunal Act 1975 was amended by section 280 only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(1) of which provides as follows:

(1) Sections 1, 2, 166 and 195 and Parts III, VI, VII, XVI, XXXVI, XLIV, LI, LIII, LIV, LXI and LXXVII shall come into operation on the day on which this Act receives the Royal Assent.

(e) The Administrative Appeals Tribunal Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1983, subsection 2(3) of which provides as follows:

(3) The amendment of the Administrative Appeals Tribunal Act 1975 made by this Act shall come into operation on the day on which this Act receives the Royal Assent.

(f) The Administrative Appeals Tribunal Act 1975 was amended by subsection 151(1) only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:

(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.

(g) The Administrative Appeals Tribunal Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1984, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(h) The Administrative Appeals Tribunal Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(j) The Administrative Appeals Tribunal Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1985, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(k) The Administrative Appeals Tribunal Act 1975 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(l) The Administrative Appeals Tribunal Act 1975 was amended by section 32 only of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, subsection 2(3) of which provides as follows:

(3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.

(m) The Administrative Appeals Tribunal Act 1975 was amended by Part III (sections 6-16) only of the Law and Justice Legislation Amendment Act 1988, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(n) The Administrative Appeals Tribunal Act 1975 was amended by section 48 only of the Customs and Excise Legislation Amendment Act 1990, subsection 2(2) of which provides as follows:

(2) Sections 1, 2 and 3, paragraphs 4(a), (b), (c), (d) and (g), sections 5, 11, 27 and 30, paragraphs 34(d) and (e), sections 35 and 36, section 37 so far as it relates to the amendments included in Schedule 2 that relate to section 209 of the Customs Act 1901, and sections 38, 39, 47, 48 and 49 commence on the day on which this Act receives the Royal Assent.

(o) The Administrative Appeals Tribunal Act 1975 was amended by the Schedule only of the Law and Justice Legislation Amendment Act 1991, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the 28th day after the day on which it receives the Royal Assent.

(p) The Administrative Appeals Tribunal Act 1975 was amended by Schedule (Part 1) only of the Law and Justice Legislation Amendment Act (No. 3) 1992, subsections 2(2) and (3) of which provide as follows:

(2) Subject to subsection (3), the amendment of the Administrative Appeals Tribunal Act 1975 made by this Act commences on a day to be fixed by Proclamation.

(3) If the amendment mentioned in subsection (2) does not commence under that subsection within the period of 6 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

(q) The Administrative Appeals Tribunal Act 1975 was amended by Part 3 (sections 6-8) only of the Law and Justice Legislation Amendment Act 1994, subsection 2(2) of which provides as follows:

(2) Part 3 commences on a day to be fixed by Proclamation.

(r) The Administrative Appeals Tribunal Act 1975 was amended by section 8 only of the Corporations Legislation Amendment Act 1994, subsection 2(1) of which provides as follows:

(1) Parts 1, 2 and 3 and Schedules 5 and 9 commence on the day on which this Act receives the Royal Assent.

(s) The Administrative Appeals Tribunal Act 1975 was amended by Schedule 2 (items 1 and 2) only of the Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the same day as the Australian Law Reform Commission Act 1996.

(t) The Administrative Appeals Tribunal Act 1975 was amended by Schedule 2 (items 6 and 7), Schedule 4 (items 4 and 5) and Schedule 5 (items 4-6) only of the Statute Law Revision Act 1996, subsections 2(1) and (2) of which provide as follows:

(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(2) Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

Items 6 and 7 are taken to have commenced immediately after the commencement of section 48 of the Customs and Excise Legislation Amendment Act 1990.

Section 48 commenced on 21 December 1990.

(u) The Administrative Appeals Tribunal Act 1975 was amended by Schedule 16 (item 1) and Schedule 19 (item 2) only of the Workplace Relations and Other Legislation Amendment Act 1996, subsections 2(1)-(3) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Subject to subsection (3), the items of the Schedules, other than Schedule 5, item 1 of Schedule 9, items 2 and 3 of Schedule 12, item 90 of Schedule 16 and the items of Schedule 19, commence on a day or days to be fixed by Proclamation.

(3) If an item of a Schedule does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

(v) The Workplace Relations and Other Legislation Amendment Act 1996 was amended by Schedule 3 (items 1 and 2) only of the Workplace Relations and Other Legislation Amendment Act (No. 2) 1996, subsection 2(4) of which provides as follows:

(4) The items of Schedule 3 are taken to have commenced immediately after the Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent.

The Workplace Relations and Other Legislation Amendment Act 1996 received the Royal Assent on 25 November 1996.

(w) The Administrative Appeals Tribunal Act 1975 was amended by Schedule 1 (items 1-6) only of the Law and Justice Legislation Amendment Act 1997, subsections 2(1) and (2) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(2) Items 1, and 3 to 6, of Schedule 1, items 4, 5, and 9 to 16, of Schedule 14 and items 1 to 6, and 8 to 11, of Schedule 16 commence on a day or days to be fixed by Proclamation.

(x) The Administrative Appeals Tribunal Act 1975 was amended by Schedule 2 (items 139 and 140) only of the Audit (Transitional and Miscellaneous) Amendment Act 1997, subsection 2(2) of which provides as follows:

(2) Schedules 1, 2 and 4 commence on the same day as the Financial Management and Accountability Act 1997.

(y) The Administrative Appeals Tribunal Act 1975 was amended by Schedule 1 only of the Law and Justice Legislation Amendment Act 1999, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(z) The Administrative Appeals Tribunal Act 1975 was amended by Schedule 1 (items 41-47) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(za) The Administrative Appeals Tribunal Act 1975 was amended by Schedule 12 (items 1 and 3) only of the Corporate Law Economic Reform Program Act 1999, subsections 2(2)(c) and (4) of which provide as follows:

(2) The following provisions commence on a day or days to be fixed by Proclamation:

(4) If an item in Schedule 11 or 12 does not commence under subsection (2) within the period of 12 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

(zb) The Administrative Appeals Tribunal Act 1975 was amended by Schedule 3 (items 1 and
3-15) only of the Australian Security Intelligence Organisation Legislation Amendment Act 1999, subsection 2(2) of which provides as follows:

(2) Subject to subsections (3) to (6), Schedule 3 commences immediately after the commencement of the other Schedules to this Act.

The other Schedules commenced on 10 December 1999.

(zc) The Administrative Appeals Tribunal Act 1975 was amended by Schedule 3 only of the Federal Magistrates (Consequential Amendments) Act 1999, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the commencement of the Federal Magistrates Act 1999.

(zd) The Administrative Appeals Tribunal Act 1975 was amended by Schedule 3 (items 11 and 12) only of the Corporations (Repeals, Consequentials and Transitionals) Act 2001, subsection 2(3) of which provides as follows:

(3) Subject to subsections (4) to (10), Schedule 3 commences, or is taken to have commenced, at the same time as the Corporations Act 2001.

(ze) The Administrative Appeals Tribunal Act 1975 was amended by Schedule 2 (item 1) only of the Jurisdiction of the Federal Magistrates Service Legislation Amendment Act 2001, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
Part I
S. 2A...................................	ad. No. 38, 2005
S. 3 .....................................	am. No. 58, 1977; No. 65, 1978; No. 26, 1982; Nos. 109 and 120, 1988; No. 157, 1989; No. 31, 1993; No. 175, 1995; No. 34, 1997; No. 161, 1999; No. 38, 2005
Ss. 3A, 3B ..........................	ad. No. 109, 1988
	rep. No. 38, 2005
S. 4 .....................................	am. No. 58, 1977
Part II
Division 1
Heading to Div. 1 of Part II...	ad. No. 38, 2005
S. 5 .....................................	am. No. 26, 1982; No. 175, 1995
Division 2
Heading to Div. 2 of Part II...	ad. No. 38, 2005
S. 6 .....................................	am. No. 58, 1977
	rs. No. 26, 1982
Subhead. to s. 7(1B)...........	ad. No. 38, 2005
Subhead. to s. 7(2).............	ad. No. 38, 2005
S. 7 .....................................	am. No. 26, 1982; No. 175, 1995; No. 43, 1996; No. 38, 2005
S. 7A ..................................	ad. No. 111, 1977
	am. No. 175, 1995
S. 8 .....................................	rs. No. 26, 1982; No. 120, 1988
	am. No. 159, 2001; No. 38, 2005
S. 8A ..................................	ad. No. 84, 1994
	am. No. 60, 1996
	rep. No. 38, 2005
S. 9 .....................................	rs. No. 58, 1977; No. 26, 1982
	am. No. 175, 1995; No. 43, 1996
Subhead. to s. 10(1)...........	ad. No. 38, 2005
Subhead. to s. 10(3)...........	ad. No. 38, 2005
Subhead. to s. 10(5)...........	ad. No. 38, 2005
Subhead. to s. 10(7)...........	ad. No. 38, 2005
Subheads. to s. 10(10), (11)..................................	ad. No. 38, 2005
S. 10 ...................................	rs. No. 58, 1977
	am. No. 26, 1982; No. 175, 1995; No. 43, 1996; No. 38, 2005
S. 10A ................................	ad. No. 58, 1977
	am. No. 26, 1982; No. 175, 1995
S. 10B ................................	ad. No. 26, 1982
	am. No. 175, 1995
S. 11 ...................................	rs. No. 26, 1982
	am. No. 175, 1995
S. 12 ...................................	rs. No. 122, 1991
	am. No. 146, 1999
Subheads. to s. 13(1), (2)..	ad. No. 38, 2005
Subhead. to s. 13(7)...........	ad. No. 38, 2005
Subheads. to s. 13(9)-(11)	ad. No. 38, 2005
Subhead. to s. 13(12).........	ad. No. 38, 2005
	rs. No. 26, 2008
Subhead. to s. 13(13).........	ad. No. 38, 2005
S. 13 ...................................	am. No. 58, 1977; No. 26, 1982; No. 94, 1992; No. 175, 1995; No. 38, 2005; No. 26, 2008
S. 14 ...................................	am. No. 175, 1995
S. 15....................................	am. No. 175, 1995
	rs. No. 38, 2005
S. 16 ...................................	am. No. 58, 1977
	rs. No. 72, 1984
	am. No. 65, 1985; Nos. 109 and 120, 1988; No. 94, 1992; No. 43, 1996; No. 64, 2003
	rep. No. 38, 2005
S. 17 ...................................	rs. No. 58, 1977
	rep. No. 72, 1984
S. 18 ...................................	am. No. 58, 1977; No. 91, 1983
	rep. No. 72, 1984
Part III
Division 1
Heading to Div. 1 of Part III..	ad. No. 38, 2005
Heading to s. 19..................	rs. No. 38, 2005
Subhead. to s. 19(2)...........	ad. No. 38, 2005
Subheads. to s. 19(3A), (3B).................................	ad. No. 38, 2005
Subheads. to s. 19(4)-(6)..	ad. No. 38, 2005
S. 19 ...................................	am. No. 48, 1986; No. 175, 1995; No. 161, 1999; No. 38, 2005
Division 2
Heading to Div. 2 of Part III..	ad. No. 38, 2005
S. 20 ...................................	am. No. 58, 1977; No. 31, 1993; No. 175, 1995; No. 38, 2005
S. 20A.................................	ad. No. 38, 2005
Division 3
Heading to Div. 3 of Part III..	ad. No. 38, 2005
S. 20B.................................	ad. No. 38, 2005
Subhead. to s. 21(1AAA)...	ad. No. 38, 2005
Subhead. to s. 21(1)...........	ad. No. 38, 2005
S. 21 ...................................	am. No. 58, 1977; No. 143, 1979; No. 26, 1982; No. 31, 1993; No. 175, 1995; No. 38, 2005
Heading to s. 21AA.............	am. No. 99, 2009
Subheads. to s. 21AA(1)-(6)....................................	ad. No. 38, 2005
S. 21AA .............................	ad. No. 175, 1995
	am. No. 161, 1999; No. 7, 2005; No. 21, 2007; No. 99, 2009
S. 21AB...............................	ad. No. 99, 2009
Heading to s. 21A...............	am. No. 38, 2005
Subhead. to s. 21A(1AA)...	ad. No. 38, 2005
Subhead. to s. 21A(1)........	ad. No. 38, 2005
S. 21A ................................	ad. No. 58, 1977
	am. No. 26, 1982; No. 31, 1993; No. 175, 1995; No. 34, 1997; No. 38, 2005
Note to s. 21A(4)................	ad. No. 38, 2005
Subhead. to s. 22(1AA)......	ad. No. 38, 2005
Subheads. to s. 22(1), (2)..	ad. No. 38, 2005
S. 22 ...................................	rs. No. 58, 1977
	am. No. 26, 1982; No. 31, 1993; No. 175, 1995; No. 38, 2005
S. 23 ...................................	am. No. 58, 1977; No. 175, 1995
	rs. No. 38, 2005
S. 23A ................................	ad. No. 175, 1995
	rs. No. 38, 2005
S. 23B ................................	ad. No. 175, 1995
	rs. No. 38, 2005
Ss. 23C-23F.......................	ad. No. 38, 2005
S. 24 ...................................	am. No. 58, 1977
	rep. No. 38, 2005
Part IIIAA
Part IIIAA ............................	ad. No. 34, 1997
Ss. 24AA, 24AB.................	ad. No. 34, 1997
S. 24AC...............................	ad. No. 34, 1997
	am. No. 67, 2003
S. 24AD...............................	ad. No. 34, 1997
Part IIIA
Part IIIA ...............................	ad. No. 157, 1989
Division 1
Ss. 24A, 24B ......................	ad. No. 157, 1989
Division 2
Ss. 24C-24E.......................	ad. No. 157, 1989
S. 24F..................................	ad. No. 157, 1989
	am. No. 159, 2001
S. 24G ................................	ad. No. 157, 1989
	rs. No. 122, 1991
	am. No. 146, 1999
S. 24H ................................	ad. No. 157, 1989
	rs. No. 38, 2005
S. 24J .................................	ad. No. 157, 1989
S. 24K ................................	ad. No. 157, 1989; No. 26, 2008
	am. No. 94, 1992
Ss. 24L, 24M ......................	ad. No. 157, 1989
Division 3
Heading to s. 24N ...............	am. No. 175, 1995
S. 24N ................................	ad. No. 157, 1989
	am. No. 175, 1995; No. 146, 1999
Heading to s. 24P ...............	am. No. 175, 1995
	rs. No. 146, 1999
S. 24P .................................	ad. No. 157, 1989
	am. No. 175, 1995
	rs. No. 146, 1999
S. 24Q ................................	ad. No. 157, 1989
Division 4
S. 24R.................................	ad. No. 157, 1989
	rs. No. 152, 1997
Ss. 24S, 24T.......................	ad. No. 157, 1989
	rep. No. 152, 1997
S. 24U ................................	ad. No. 157, 1989
	rep. No. 136, 1991
Ss. 24V, 24W .....................	ad. No. 157, 1989
Part IV
Division 1
Heading to Div. 1 of Part IV.	ad. No. 38, 2005
Subhead. to s. 25(1)...........	ad. No. 38, 2005
Subhead. to s. 25(3A)........	ad. No. 38, 2005
Subhead. to s. 25(4)...........	ad. No. 38, 2005
Subhead. to s. 25(5)...........	ad. No. 38, 2005
Subhead. to s. 25(7)...........	ad. No. 38, 2005
S. 25 ...................................	am. No. 58, 1977; No. 65, 1978; No. 26, 1982; No. 175, 1995; No. 43, 1996; No. 38, 2005
S. 26 ...................................	am. No. 58, 1977; No. 26, 1982
	rep. No. 111, 1990
	ad. No. 175, 1995
S. 27 ...................................	am. No. 58, 1977; No. 175, 1995; No. 161, 1999
Heading to s. 27AA.............	am. No. 161, 1999
S. 27AA .............................	ad. No. 175, 1995
	am. No. 161, 1999
S. 27A ................................	ad. No. 165, 1992
	am. No. 104, 1994; No. 156, 1999; No. 55, 2001
S. 27B ................................	ad. No. 165, 1992
Subhead. to s. 28(1)...........	ad. No. 38, 2005
Subhead. to s. 28(1AAA)...	ad. No. 38, 2005
Subhead. to s. 28(1AA)......	ad. No. 38, 2005
Subhead. to s. 28(1A)........	ad. No. 38, 2005
Subhead. to s. 28(2)...........	ad. No. 38, 2005
Subheads. to s. 28(4), (5)..	ad. No. 38, 2005
S. 28 ...................................	am. No. 58, 1977; No. 143, 1979; No. 26, 1982; No. 120, 1988; No. 175, 1995; No. 38, 2005
Subhead. to s. 29(1A)........	ad. No. 38, 2005
Subheads. to s. 29(2)-(4)..	ad. No. 38, 2005
Subhead. to s. 29(7)...........	ad. No. 38, 2005
Subhead. to s. 29(11).........	ad. No. 38, 2005
S. 29 ...................................	rs. No. 58, 1977
	am. No. 26, 1982; No. 31, 1993; No. 175, 1995; No. 161, 1999; No. 38, 2005
Note to s. 29(1)...................	ad. No. 38, 2005
S. 29A ................................	ad. No. 31, 1993
S. 29B ................................	ad. No. 175, 1995
Division 2
Heading to Div. 2 of Part IV.	ad. No. 38, 2005
Subhead. to s. 30(1AA)......	ad. No. 38, 2005
Subhead. to s. 30(1)...........	ad. No. 38, 2005
Subhead. to s. 30(1A)........	ad. No. 38, 2005
Subhead. to s. 30(2)...........	ad. No. 38, 2005
S. 30 ...................................	am. No. 58, 1977; No. 26, 1982; No. 175, 1995
Note to s. 30(1)...................	ad. No. 38, 2005
S. 30A ................................	ad. No. 26, 1982
	am. No. 175, 1995
S. 31 ...................................	am. No. 175, 1995
Subhead. to s. 33(2)...........	ad. No. 38, 2005
Subhead. to s. 33(2A)........	ad. No. 38, 2005
Subhead. to s. 33(3)...........	ad. No. 38, 2005
S. 33 ...................................	am. No. 26, 1982; No. 31, 1993; No. 38, 2005
Division 3
Heading to Div. 3 of Part IV. ................................... ad.	ad. No. 38, 2005
S. 34 ...................................	am. No. 58, 1977; No. 26, 1982; No. 31, 1993; No. 175, 1995
	rs. No. 38, 2005
S. 34A ................................	ad. No. 31, 1993
	am. No. 175, 1995; No. 34, 1997; No. 67, 2003
	rs. No. 38, 2005
Ss. 34B-34H.......................	ad. No. 38, 2005
Division 4
Heading to Div. 4 of Part IV.	ad. No. 38, 2005
S. 34B................................. Renumbered s. 34J.........	ad. No. 175, 1995 No. 38, 2005
Subhead. to s. 35(1AA)......	ad. No. 38, 2005
Subhead. to s. 35(1)...........	ad. No. 38, 2005
Subhead. to s. 35(2)...........	ad. No. 38, 2005
S. 35 ...................................	am. No. 58, 1977; No. 26, 1982; No. 31, 1993; No. 175, 1995
S. 35AA .............................	ad. No. 175, 1995
S. 35A ................................	ad. No. 31, 1993
	am. No. 175, 1995; No. 38, 2005
Subhead. to s. 36(1AA)......	ad. No. 38, 2005
Subheads. to s. 36(1)-(3)..	ad. No. 38, 2005
Subhead. to s. 36(3A)........	ad. No. 38, 2005
Subhead. to s. 36(4)...........	ad. No. 38, 2005
S. 36 ...................................	am. No. 58, 1977; No. 26, 1982; No. 120, 1988; No. 175, 1995
Subhead. to s. 36A(1AA)...	ad. No. 38, 2005
Subheads. to s. 36A(1), (2)	ad. No. 38, 2005
Subhead. to s. 36A(2A)......	ad. No. 38, 2005
S. 36A ................................	ad. No. 58, 1977
	am. No. 26, 1982; No. 120, 1988; No. 175, 1995; No. 194, 1999
Subhead. to s. 36B(1AA)...	ad. No. 38, 2005
Subheads. to s. 36B(1)-(5)	ad. No. 38, 2005
S. 36B ................................	ad. No. 120, 1988
	am. No. 175, 1995
Subhead. to s. 36C(1AA)...	ad. No. 38, 2005
Subheads. to s. 36C(1)-(3)	ad. No. 38, 2005
S. 36C ................................	ad. No. 120, 1988
	am. No. 175, 1995; No. 194, 1999
Subhead. to s. 36D(1AA)...	ad. No. 38, 2005
Subheads. to s. 36D(1)-(7)	ad. No. 38, 2005
S. 36D ................................	ad. No. 120, 1988
	am. No. 157, 1989; No. 175, 1995
Subhead. to s. 37(1AAA)...	ad. No. 38, 2005
Subhead. to s. 37(1)...........	ad. No. 38, 2005
Subhead. to s. 37(1AB)......	ad. No. 38, 2005
Subhead. to s. 37(1AE)......	ad. No. 38, 2005
Subhead. to s. 37(1AF)......	ad. No. 38, 2005
Subheads. to s. 37(1A), (1B).................................	ad. No. 38, 2005
Subheads. to s. 37(2), (3)..	ad. No. 38, 2005
S. 37 ...................................	rs. No. 58, 1977
	am. No. 143, 1979; No. 26, 1982; No. 175, 1995; No. 38, 2005
S. 38 ...................................	rs. No. 58, 1977
	am. No. 175, 1995
S. 38A ................................	ad. No. 175, 1995
	am. No. 161, 1999
S. 39 ...................................	am. No. 120, 1988; No. 175, 1995
Subheads. to s. 39A(1)-(6)	ad. No. 38, 2005
Subhead. to s. 39A(8)........	ad. No. 38, 2005
Subheads. to s. 39A(11),... (12)	ad. No. 38, 2005
Subhead. to s. 39A(18)......	ad. No. 38, 2005
S. 39A ................................	ad. No. 175, 1995
	am. No. 161, 1999
Subheads. to s. 39B(1)-(3)	ad. No. 38, 2005
Subheads. to s. 39B(5)-(11)..................................	ad. No. 38, 2005
S. 39B.................................	ad. No. 175, 1995
	am. No. 161, 1999
Division 5
Heading to Div. 5 of Part IV.	ad. No. 38, 2005
Subhead. to s. 40(1A)........	ad. No. 38, 2005
Subhead. to s. 40(2)...........	ad. No. 38, 2005
Subheads. to s. 40(4), (5)..	ad. No. 38, 2005
Subhead. to s. 40(7)...........	ad. No. 38, 2005
S. 40 ...................................	am. No. 58, 1977; No. 31, 1993; No. 175, 1995; No. 38, 2005
S. 41 ...................................	rs. No. 58, 1977; No. 143, 1979
	am. No. 26, 1982; No. 38, 2005
S. 42....................................	rs. No. 38, 2005
Subhead. to s. 42A(1)........	ad. No. 38, 2005
Subhead. to s. 42A(1A)......	ad. No. 38, 2005
Subhead. to s. 42A(2)........	ad. No. 38, 2005
Subheads. to s. 42A(4)-(8)	ad. No. 38, 2005
S. 42A ................................	ad. No. 58, 1977
	am. No. 31, 1993; No. 38, 2005
S. 42B ................................	ad. No. 31, 1993
S. 42C.................................	ad. No. 31, 1993
	am. No. 38, 2005
Subhead. to s. 42D(2).........	ad. No. 38, 2005
S. 42D ................................	ad. No. 175, 1995
	am. No. 38, 2005
Note to s. 42D(2).................	ad. No. 38, 2005
Division 6
Heading to Div. 6 of Part IV.	ad. No. 38, 2005
Heading to s. 43..................	rs. No. 38, 2005
Subhead. to s. 43(1), (2)....	ad. No. 38, 2005
Subhead. to s. 43(3), (4)....	ad. No. 38, 2005
Subhead. to s. 43(5A)........	ad. No. 38, 2005
Subhead. to s. 43(6)...........	ad. No. 38, 2005
S. 43 ...................................	am. No. 157, 1976; No. 58, 1977; No. 65, 1978; No. 143, 1979; No. 26, 1982; No. 120, 1988; No. 175, 1995; No. 43, 1996; Nos. 161 and 194, 1999; No. 38, 2005
Division 7
Heading to Div. 7 of Part IV.	ad. No. 38, 2005
Subheads. to s. 43AAA(1), (2)	ad. No. 38, 2005
Subhead. to s. 43AAA(4)...	ad. No. 38, 2005
Subheads. to s. 43AAA(6), (7)	ad. No. 38, 2005
S. 43AAA ...........................	ad. No. 175, 1995
	am. No. 161, 1999
Subhead. to s. 43AA(1)......	ad. No. 38, 2005
Subheads. to s. 43AA(3), (4)....................................	ad. No. 38, 2005
S. 43AA .............................	ad. No. 175, 1995
S. 43A ................................	ad. No. 58, 1977
	am. No. 26, 1982; No. 194, 1999; No. 38, 2005
Part IVA
Heading to Part IVA.............	ad. No. 57, 2000
Heading to s. 43B................	am. No. 38, 2005
S. 43B.................................	ad. No. 57, 2000
	am. No. 38, 2005
Subheads. to s. 44(1), (2)..	ad. No. 38, 2005
Subhead. to s. 44(2A)........	ad. No. 38, 2005
Subheads. to s. 44(3), (4)..	ad. No. 38, 2005
Subhead. to s. 44(6)...........	ad. No. 38, 2005
S. 44 ...................................	am. No. 157, 1976; No. 58, 1977; No. 143, 1979; No. 120, 1988; No. 31, 1993; No. 175, 1995; No. 60, 1996; No. 38, 2005
Subhead. to s. 44AA(1)......	ad. No. 38, 2005
Subhead. to s. 44AA(4)......	ad. No. 38, 2005
Subheads. to ...................... s. 44AA(7)-(10)	ad. No. 38, 2005
S. 44AA..............................	ad. No. 194, 1999
	am. No. 157, 2001; No. 38, 2005
Subheads. to s. 44A(1), (2)	ad. No. 38, 2005
S. 44A ................................	ad. No. 143, 1979
	am. No. 194, 1999
S. 45 ...................................	am. No. 157, 1976; No. 58, 1977; No. 34, 1997; No. 38, 2005
Heading to s. 46..................	am. No. 194, 1999
Subheads. to s. 46(1), (2)..	ad. No. 38, 2005
S. 46 ...................................	am. No. 157, 1976; No. 58, 1977; No. 26, 1982; No. 120, 1988; No. 175, 1995; No. 194, 1999
Part V
S. 49 ...................................	am. No. 58, 1977; No. 143, 1979; No. 65, 1985; No. 38, 1988; No. 38, 1996; No. 125, 1999
S. 50 ...................................	am. No. 143, 1979; No. 175, 1995
	rs. No. 125, 1999
S. 51 ...................................	am. No. 125, 1999
Ss. 51A-51C ......................	ad. No. 125, 1999
Subheads. to s. 52(1), (2)..	ad. No. 38, 2005
S. 52 ...................................	am. No. 175, 1995; No. 125, 1999
S. 53....................................	am. No. 175, 1995; No. 43, 1996
S. 54 ...................................	am. No. 175, 1995
	rs. No. 38, 2005
S. 55....................................	am. No. 175, 1995
Subhead. to s. 56(2)...........	ad. No. 38, 2005
Subheads. to s. 56(4), (5)..	ad. No. 38, 2005
Subheads. to s. 56(7)-(10)	ad. No. 38, 2005
S. 56 ...................................	am. No. 58, 1977; No. 143, 1979; No. 38, 1988; No. 175, 1995
S. 57....................................	am. No. 146, 1999
S. 58 ...................................	am. No. 58, 1977; No. 38, 2005
Part VI
S. 59A.................................	ad. No. 38, 2005
Heading to s. 60..................	am. No. 38, 2005
Subhead. to s. 60(1)...........	ad. No. 38, 2005
Subhead. to s. 60(1A)........	ad. No. 38, 2005
Subheads. to s. 60(2), (3)..	ad. No. 38, 2005
S. 60 ...................................	am. No. 31, 1993; No. 175, 1995; No. 38, 2005
S. 61....................................	am. No. 31, 1993; No. 175, 1995
	rs. No. 38, 2005
S. 62 ...................................	am. No. 175, 1995
	rs. No. 38, 2005
S. 62A ................................	ad. No. 26, 1982
	am. No. 175, 1995
	rs. No. 38, 2005
S. 62B ................................	ad. No. 31, 1993
	am. No. 38, 2005
S. 63....................................	am. No. 175, 1995
	rs. No. 38, 2005
S. 64....................................	am. No. 175, 1995; No. 38, 2005
S. 65 ...................................	am. No. 143, 1979
	rs. No. 157, 1989; No. 175, 1995
Subheads. to s. 66(1)-(4)..	ad. No. 38, 2005
S. 66 ...................................	rs. No. 58, 1977
	am. No. 193, 1985; No. 120, 1988; No. 175, 1995; No. 38, 2005
Note to s. 66(4)...................	ad. No. 175, 1995
	am. No. 161, 1999
S. 66A ................................	ad. No. 175, 1995
Heading to s. 67..................	am. No. 38, 2005
S. 67 ...................................	am. No. 58, 1977; No. 175, 1995; No. 38, 2005
S. 67A ................................	ad. No. 58, 1977
	am. No. 63, 1984; No. 38, 2005
S. 68 ...................................	am. No. 31, 1993; No. 175, 1995
S. 68AA..............................	ad. No. 38, 2005
S. 68A ................................	ad. No. 175, 1995
S. 69 ...................................	am. No. 58, 1977; No. 175, 1995
S. 69A.................................	ad. No. 175, 1995
S. 69B ................................	ad. No. 175, 1995
	am. No. 161, 1999
S. 70 ...................................	am. No. 58, 1977; No. 175, 1995
Heading to Schedule ..........	rep. No. 26, 1982
Heading to Schedule 1 .......	ad. No. 26, 1982
	rep. No. 111, 1990
Schedule ............................	am. Nos. 60, 89, 91, 162, 163 and 209, 1976; Nos. 30, 57 and 58, 1977; Nos. 19 and 143, 1979; No. 110, 1980; Statutory Rules 1980 No. 62 (as am. by 1980 No. 335); Nos. 19 and 61, 1981
Schedule 1 .........................	am. No. 80, 1982; Statutory Rules 1987 No. 49; No. 63, 1988
	rep. No. 111, 1990
Schedule 2
Schedule 2 .........................	ad. No. 26, 1982

Table A

Application, saving or transitional provisions

Jurisdiction of Courts Legislation Amendment Act 2000 (No. 57, 2000)

Schedule 1

2 Effect of amended Act in relation to appellable State or Territory decisions

Definitions

(1) In this item:

amended Act means the Administrative Appeals Tribunal Act 1975 as in force after the commencement.

appellable State decision means a decision of the Tribunal made in the exercise of power conferred on the Tribunal by or under a law of a State.

appellable Territory decision means a decision of the Tribunal made in the exercise of power conferred on the Tribunal by or under a law of the Australian Capital Territory or of the Northern Territory.

commencement means the commencement of the amendments of the Administrative Appeals Tribunal Act 1975 made by this Schedule.

State does not include the Northern Territory.

Tribunal has the same meaning as in the amended Act.

Appellable State decisions made before the commencement--situations in which period for appealing under amended Act is extended

(2) In each of the following situations, the amended Act applies in relation to a person and an appellable State decision as if the 28 day period referred to in subsection 44(2A) of that Act began on the commencement:

(a) the first situation--the decision was made before the commencement and that 28 day period would otherwise have begun during the period starting on 20 May 1999 and ending immediately before the commencement;

(b) the second situation--before 17 June 1999, the Federal Court of Australia, purporting to Act under subsection 44(2A) of the Administrative Appeals Tribunal Act 1975 as purportedly applied as a law of a State, made an order allowing the person further time to make an appeal from that decision and that period of time had not expired by 17 June 1999;

(c) the third situation--immediately before 17 June 1999, proceedings by way of an appeal by the person from the decision were before the Federal Court of Australia under section 44 of the Administrative Appeals Tribunal Act 1975 as purportedly applied as a law of a State.

Note: The power under subsection 44(2A) of the amended Act to extend the time for appealing from a decision of the Tribunal is available even if the decision is an appellable State decision and the 28 day time limit that would otherwise apply expired before the commencement.

Appellable Territory decisions--ACT and NT laws no longer operate to apply sections 44 to 46 of the AAT Act

(3) A law of the Australian Capital Territory or the Northern Territory that provides for the application of the Administrative Appeals Tribunal Act 1975 as a law of that Territory is of no effect after the commencement so far as that law purports to apply all or any of sections 44 to 46 of that Act in relation to an appellable Territory decision (whenever it was made).

Note: Part IVA of the amended Act applies to these decisions.

Appellable Territory decisions--proceedings under sections 44 to 46 continue after the commencement under the amended Act

(4) If, immediately before the commencement, proceedings in relation to an appellable Territory decision were before a court under any of sections 44 to 46 of the Administrative Appeals Tribunal Act 1975 as applying as a law of the Australian Capital Territory or the Northern Territory, then, from the commencement, those proceedings continue as if they had been commenced in that court under the amended Act.

Appellable Territory decisions--continued effect of orders made before the commencement under sections 44 to 46

(5) An order made by a court before the commencement under any of sections 44 to 46 of the Administrative Appeals Tribunal Act 1975 as applying as a law of the Australian Capital Territory or the Northern Territory has effect, from the commencement, as if it had been made by that court under the amended Act.

Jurisdiction of the Federal Magistrates Service Legislation Amendment Act 2001 (No. 157, 2001)

Schedule 2

6 Application of amendments

(1) The amendment of the Administrative Appeals Tribunal Act 1975 made by item 1 applies in relation to an appeal instituted in the Federal Court of Australia on or after the commencement of this item.

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 (No. 159, 2001)

Schedule 1

97 Application of amendments

The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.

Australian Passports (Transitionals and Consequentials) Act 2005
(No. 7, 2005)

7 Old Act continues to apply in relation to pending proceedings and other matters

(2) If, on or after the commencement day, there are proceedings of the Administrative Appeals Tribunal to which paragraph 21AA(5)(c) of the Administrative Appeals Tribunal Act 1975 applies and which relate to the old Act, the amendment made by item 1 of Schedule 1 to this Act is, for the purposes of those proceedings, taken not to have been made.

Administrative Appeals Tribunal Amendment Act 2005 (No. 38, 2005)

Schedule 1

11 Transitional--subsections 3(4) and (5) of the Administrative Appeals Tribunal Act 1975

Despite the repeal of subsections 3(4) and (5) of the Administrative Appeals Tribunal Act 1975 by this Schedule, those subsections continue to apply after the commencement of this item, in relation to a document, statement, notice or other notification posted before the commencement of this item, as if:

(a) that repeal had not happened; and

(b) each reference in those subsections to furnished included a reference to given; and

(d) each reference in those subsections to service on included a reference to giving to; and

(e) each reference in those subsections to served included a reference to given.

22 Transitional--section 8 of the Administrative Appeals Tribunal Act 1975

(1) This item applies to a member if the member was covered by subsection 8(1) or (2) of the Administrative Appeals Tribunal Act 1975 immediately before the commencement of this item.

(2) Despite the repeal of subsections 8(1) and (2) of the Administrative Appeals Tribunal Act 1975 by this Schedule, those subsections continue to apply after the commencement of this item, in relation to the member's appointment, as if those repeals had not happened.

28 Transitional--subsection 10(2) of the Administrative Appeals Tribunal Act 1975

(1) This item applies to an appointment if:

(a) the appointment was made under subsection 10(2) of the Administrative Appeals Tribunal Act 1975; and

(b) the appointment was in force immediately before the commencement of this item.

(2) The appointment has effect, after the commencement of this item, as if it had been made under subsection 10(2) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule.

31 Transitional--subsection 13(8) of the Administrative Appeals Tribunal Act 1975

Despite the repeal of subsection 13(8) of the Administrative Appeals Tribunal Act 1975 by this Schedule, that subsection continues to apply after the commencement of this item, in relation to a person to whom the Judges' Pensions Act 1968 applies, as if that repeal had not happened.

34 Transitional--section 16 of the Administrative Appeals Tribunal Act 1975

(1) This item applies if a person was appointed as a presidential member (within the meaning of section 16 of the Administrative Appeals Tribunal Act 1975) before the commencement of this item.

(2) Despite the repeal of section 16 of the Administrative Appeals Tribunal Act 1975 by this Schedule, that section continues to apply after the commencement of this item, in relation to the person, as if that repeal had not happened.

37 Transitional--subsection 19(3) of the Administrative Appeals Tribunal Act 1975

(1) This item applies if the assignment of a non‑presidential member to a particular Division or Divisions of the Tribunal was in force immediately before the commencement of this item.

(2) The Administrative Appeals Tribunal Act 1975 has effect, after the commencement of this item, as if the Minister had, immediately after that commencement, assigned the member to that Division or those Divisions under subsection 19(3) of that Act.

(3) To avoid doubt, the Minister is not bound by the member's instrument of appointment in exercising a power conferred by subsection 19(3) of the Administrative Appeals Tribunal Act 1975.

41 Transitional--subsection 20(2) of the Administrative Appeals Tribunal Act 1975

(1) This item applies to a direction if:

(a) the direction was given for the purposes of paragraph 20(1A)(d) or (e) of the Administrative Appeals Tribunal Act 1975; and

(b) the direction was in force immediately before the commencement of this item.

(2) The direction has effect, after the commencement of this item, as if it had been given under subsection 20(2) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule.

42 Transitional--subsection 20(4) of the Administrative Appeals Tribunal Act 1975

(1) This item applies to a direction if:

(a) the direction was given for the purposes of paragraph 20(1A)(a) or (c) of the Administrative Appeals Tribunal Act 1975; and

(b) the direction was in force immediately before the commencement of this item.

(2) The direction has effect, after the commencement of this item, as if it had been given under subsection 20(4) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule.

45 Transitional--section 20B of the Administrative Appeals Tribunal Act 1975

(1) This item applies to a direction if:

(a) the direction was given for the purposes of paragraph 20(1A)(b) or subsection 20(2) of the Administrative Appeals Tribunal Act 1975; and

(b) the direction was in force immediately before the commencement of this item.

(2) The direction has effect, after the commencement of this item, as if it had been given under subsection 20B(1) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule.

51 Transitional--paragraph 21(1A)(a) of the Administrative Appeals Tribunal Act 1975

The amendment made by item 50 does not apply to a proceeding if, immediately before the commencement of this item, the Tribunal was constituted for the purposes of the proceeding by one or more members.

54 Transitional--subsection 21(2) of the Administrative Appeals Tribunal Act 1975

(1) This item applies to a proceeding before the Tribunal if, immediately before the commencement of this item, the Tribunal was constituted by a particular member, for the purposes of the proceeding, in accordance with subsection 21(2) of the Administrative Appeals Tribunal Act 1975.

(2) The Administrative Appeals Tribunal Act 1975 has effect, after the commencement of this item, as if the Tribunal had been constituted by that member, for the purposes of the proceeding, in accordance with a direction given under section 20B of that Act.

(3) Subitem (2) does not prevent the reconstitution of the Tribunal.

56 Transitional--subsections 21(3) and (4) of the Administrative Appeals Tribunal Act 1975

The amendment made by item 55 does not apply to a proceeding if, immediately before the commencement of this item, the Tribunal was constituted for the purposes of the proceeding by one or more members.

59 Transitional--subsection 21A(3) of the Administrative Appeals Tribunal Act 1975

The amendment of subsection 21A(3) of the Administrative Appeals Tribunal Act 1975 made by this Schedule does not affect the continuity of a direction that was given under that subsection before the commencement of this item.

65 Transitional--subsection 22(2) of the Administrative Appeals Tribunal Act 1975

The amendments of subsection 22(2) of the Administrative Appeals Tribunal Act 1975 made by this Schedule do not affect the continuity of a direction that was given under that subsection before the commencement of this item.

67 Transitional--paragraph 23(1)(a) of the Administrative Appeals Tribunal Act 1975

(1) This item applies to a proceeding before the Tribunal if, immediately before the commencement of this item, the Tribunal was constituted by a particular member or members, for the purposes of the proceeding, in accordance with paragraph 23(1)(a) of the Administrative Appeals Tribunal Act 1975.

(2) The Administrative Appeals Tribunal Act 1975 has effect, after the commencement of this item, as if the Tribunal had been constituted by that member or those members, for the purposes of the proceeding, in accordance with a direction given under subsection 20B(1) of that Act.

(3) Subitem (2) does not prevent the reconstitution of the Tribunal.

68 Transitional--section 23D of the Administrative Appeals Tribunal Act 1975

Section 23D of the Administrative Appeals Tribunal Act 1975 applies in relation to a reconstitution of the Tribunal before or after the commencement of this item.

69 Application of amendment--sections 23E and 23F of the Administrative Appeals Tribunal Act 1975

Sections 23E and 23F of the Administrative Appeals Tribunal Act 1975 do not apply to a taxing review proceeding if, immediately before the commencement of this item, the Tribunal was constituted for the purposes of the taxing review proceeding by one or more members.

100 Transitional--subsection 29(7) of the Administrative Appeals Tribunal Act 1975

The amendment of subsection 29(7) of the Administrative Appeals Tribunal Act 1975 made by this Schedule does not affect an extension of time granted under that subsection before the commencement of this item.

111 Transitional--subsection 33(4) of the Administrative Appeals Tribunal Act 1975

(1) This item applies to the power to make an authorisation under subsection 33(4) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule.

(2) For the purposes of section 4 of the Acts Interpretation Act 1901, that power is taken to be a power to make an instrument of an administrative character.

113 Transitional--paragraph 34A(1)(a) of the Administrative Appeals Tribunal Act 1975

(1) This item applies to a direction if:

(a) the direction was given under subsection 34(1) of the Administrative Appeals Tribunal Act 1975; and

(b) the direction was in force immediately before the commencement of this item.

(2) The direction, except to the extent to which it identifies the person who is to preside over a conference, has effect, after the commencement of this item, as if it had been given under paragraph 34A(1)(a) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule.

114 Transitional--paragraph 34A(1)(b) of the Administrative Appeals Tribunal Act 1975

(1) This item applies to a direction if:

(a) the direction was given under subsection 34A(1) of the Administrative Appeals Tribunal Act 1975; and

(b) the direction was in force immediately before the commencement of this item.

(2) The direction, except to the extent to which it identifies the person who is to be the mediator, has effect, after the commencement of this item, as if it had been given under paragraph 34A(1)(b) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule.

115 Transitional--paragraph 34B(3)(e) of the Administrative Appeals Tribunal Act 1975

(1) This item applies to a direction if:

(a) the direction was given under subparagraph 34A(1A)(b)(ii) of the Administrative Appeals Tribunal Act 1975; and

(b) the direction was in force immediately before the commencement of this item.

(2) The direction, except to the extent to which it identifies the person who is to be the mediator, has effect, after the commencement of this item, as if it had been given under paragraph 34B(3)(e) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule.

116 Transitional--subsection 34A(2) of the Administrative Appeals Tribunal Act 1975

(1) This item applies to a direction if:

(a) the direction was given under subsection 34(2) of the Administrative Appeals Tribunal Act 1975; and

(b) the direction was in force immediately before the commencement of this item.

(2) The direction has effect, after the commencement of this item, as if it had been given under subsection 34A(2) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule.

117 Transitional--Division 3 of Part IV of the Administrative Appeals Tribunal Act 1975

(1) This item applies to a conference or mediation if:

(a) the conference or mediation had begun, before the commencement of this item, under section 34 or 34A of the Administrative Appeals Tribunal Act 1975; and

(b) the conference or mediation had not been completed before the commencement of this item.

(2) The Administrative Appeals Tribunal Act 1975 has effect, after the commencement of this item, as if:

(a) the conference or mediation were a conference or mediation under Division 3 of Part IV of that Act; and

(b) in the case of a conference--the person presiding at the conference had been directed under subsection 34C(1) of that Act to conduct the conference; and

(c) in the case of a mediation--the mediator had been directed under subsection 34C(1) of that Act to conduct the mediation;

and the conference or mediation is to be continued accordingly.

118 Transitional--paragraph 34D(1)(a) of the Administrative Appeals Tribunal Act 1975

(1) This item applies to an agreement if:

(a) the agreement was entered into before the commencement of this item; and

(b) the agreement was an agreement to which paragraph 34A(4)(a) of the Administrative Appeals Tribunal Act 1975 applied; and

(c) the Tribunal had not exercised its powers under subsection 34A(5) or (6) of that Act, in relation to the agreement, before the commencement of this item.

(2) The Administrative Appeals Tribunal Act 1975 has effect, after the commencement of this item, as if the agreement were an agreement to which paragraph 34D(1)(a) of that Act applies.

119 Transitional--subsections 34(3) and 34A(7) of the Administrative Appeals Tribunal Act 1975

Despite the repeal of subsections 34(3) and 34A(7) of the Administrative Appeals Tribunal Act 1975 by this Schedule, those subsections continue to apply after the commencement of this item, in relation to anything said, or any act done, before the commencement of this item, at a conference or mediation, as if those repeals had not happened.

120 Transitional--subsections 34(4) and 34A(8) of the Administrative Appeals Tribunal Act 1975

(1) Despite the repeal of subsection 34(4) of the Administrative Appeals Tribunal Act 1975 by this Schedule, that subsection continues to apply after the commencement of this item, in relation to a conference that was completed before the commencement of this item, as if that repeal had not happened.

(2) Despite the repeal of subsection 34A(8) of the Administrative Appeals Tribunal Act 1975 by this Schedule, that subsection continues to apply after the commencement of this item, in relation to a mediation that was completed before the commencement of this item, as if:

(a) that repeal had not happened; and

(b) the reference in that subsection to subsection 34A(5) or (6) of the Administrative Appeals Tribunal Act 1975 were a reference to subsection 34D(2) or (3) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule.

125 Transitional--paragraph 37(1)(b) of the Administrative Appeals Tribunal Act 1975

The amendment made by item 124 does not apply to a proceeding by way of an application to the Tribunal for review of a decision made by a person if, before the commencement of this item, the person had complied with paragraph 37(1)(b) of the Administrative Appeals Tribunal Act 1975 in relation to the proceeding.

129 Application--subsection 37(2) of the Administrative Appeals Tribunal Act 1975

The amendment made by item 128 does not apply to a notice under subsection 37(2) of the Administrative Appeals Tribunal Act 1975 if the notice was served before the commencement of this item.

138 Application of amendments--subsection 40(1E) of the Administrative Appeals Tribunal Act 1975

The amendments made by items 136 and 137 apply to a summons issued after the commencement of this item.

144 Transitional--subsections 41(2) and (3) of the Administrative Appeals Tribunal Act 1975

(1) This item applies to an order if:

(a) the order was made by a presidential member under subsection 41(2) or (3) of the Administrative Appeals Tribunal Act 1975; and

(b) the order was in force immediately before the commencement of this item.

(2) The order has effect, after the commencement of this item, as if it had been made by the Tribunal under subsection 41(2) or (3), as the case may be, of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule.

152 Application--section 42 of the Administrative Appeals Tribunal Act 1975

The amendment made by item 151 does not apply to a proceeding if, immediately before the commencement of this item, the Tribunal was constituted for the purposes of the proceeding by one or more members.

161 Application of amendment--subsections 42D(5), (6), (7) and (8) of the Administrative Appeals Tribunal Act 1975

Subsections 42D(5), (6), (7) and (8) of the Administrative Appeals Tribunal Act 1975 apply in relation to a decision remitted after the commencement of this item.

175 Application of amendments--sections 44 and 44AA of the Administrative Appeals Tribunal Act 1975

The amendments of sections 44 and 44AA of the Administrative Appeals Tribunal Act 1975 made by items 173 and 174 apply in relation to an appeal instituted after the commencement of this item.

177 Application of amendment--subsection 45(1) of the Administrative Appeals Tribunal Act 1975

The amendment of subsection 45(1) of the Administrative Appeals Tribunal Act 1975 made by this Schedule applies in relation to a question of law referred after the commencement of this item.

181 Transitional--section 59A of the Administrative Appeals Tribunal Act 1975

(1) This item applies to the power to make an authorisation under section 59A of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule.

(2) For the purposes of section 4 of the Acts Interpretation Act 1901, that power is taken to be a power to make an instrument of an administrative character.

184 Transitional--subsection 60(1A) of the Administrative Appeals Tribunal Act 1975

Despite the amendments of subsection 60(1A) of the Administrative Appeals Tribunal Act 1975 made by this Schedule, that subsection continues to apply after the commencement of this item, in relation to anything done or omitted to be done by a mediator before the commencement of this item, as if those amendments had not been made.

197 Application--section 67 of the Administrative Appeals Tribunal Act 1975

The amendments of section 67 of the Administrative Appeals Tribunal Act 1975 made by this Schedule apply in relation to a summons issued after the commencement of this item.

201 Transitional--acts or things done on basis that provision of Administrative Appeals Tribunal Act 1975 referred to furnishing etc.

(1) This item applies to an act or thing if:

(a) the act or thing was done before the commencement of this item; and

(b) the act or thing was done on the basis that a particular provision of the Administrative Appeals Tribunal Act 1975 referred to:

(i) furnish; or

(ii) furnished; or

(iii) furnishing; or

(iv) serve; or

(v) served; or

(vi) service.

(2) After the commencement of this item, the act or thing is as valid as it would have been if it had been done on the basis that the provision had referred instead to whichever of the following expressions is appropriate:

(a) give;

(b) given;

(3) This item is enacted for the avoidance of doubt.

202 Transitional regulations

The Governor‑General may make regulations in relation to transitional matters arising out of the amendments made by this Schedule.

Australian Citizenship (Transitionals and Consequentials) Act 2007
(No. 21, 2007)

Schedule 3

14 Definition

In this Part:

commencement day means the day on which sections 2A to 54 of the Australian Citizenship Act 2007 commence.

15 Transitional--Administrative Appeals Tribunal Act 1975

If, on or after the commencement day, there are proceedings of the Administrative Appeals Tribunal to which paragraph 21AA(5)(c) of the Administrative Appeals Tribunal Act 1975 applies and which relate to the old Act, the amendment made by item 1 of Schedule 1 is, for the purposes of those proceedings, taken not to have been made.

Commonwealth Consolidated Acts

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975 - NOTES