Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 59 of 1977 as amended
This compilation was prepared on 21 May 2012
taking into account amendments up to Act No. 47 of 2012
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
1............ Short title [see Note 1] ........................................................................ 1
2............ Commencement [see Note 1] .............................................................. 1
3............ Interpretation ....................................................................................... 1
3A......... Certain legislation relating to Australian Capital Territory not to be enactment 6
4............ Act to operate notwithstanding anything in existing laws ................... 6
5............ Applications for review of decisions ................................................... 6
6............ Applications for review of conduct related to making of decisions ..... 8
7............ Applications in respect of failures to make decisions ........................ 10
8............ Jurisdiction of Federal Court of Australia and Federal Magistrates Court 10
9............ Limitation of jurisdiction of State courts ........................................... 11
9A......... Limitation of jurisdiction to review related criminal justice process decisions 12
9B......... Limitation of jurisdiction to review related civil proceeding decisions 13
10.......... Rights conferred by this Act to be additional to other rights ............. 14
11.......... Manner of making applications ......................................................... 15
12.......... Application to be made a party to a proceeding ................................. 17
13.......... Reasons for decision may be obtained .............................................. 18
13A....... Certain information not required to be disclosed ............................... 21
14.......... Certification by Attorney-General concerning the disclosure of information 22
15.......... Stay of proceedings--Federal Court ................................................. 23
15A....... Stay of proceedings--Federal Magistrates Court .............................. 23
16.......... Powers of the Federal Court and the Federal Magistrates Court in respect of applications for order of review 24
17.......... Change in person holding, or performing the duties of, an office ..... 25
18.......... Intervention by Attorney-General ..................................................... 26
18A....... Transfer of proceedings to Family Court .......................................... 26
19.......... Act not to apply in relation to certain decisions ................................. 28
19A....... Act to apply in relation to certain Northern Territory laws ................ 28
19B....... Regulations may amend Schedule 3 .................................................. 29
20.......... Regulations ....................................................................................... 29
Schedule 1--Classes of decisions that are not decisions to which this Act applies 30
Schedule 2--Classes of decisions that are not decisions to which section 13 applies 35
Schedule 3--State, ACT and NT Acts, and parts of such Acts, that are enactments for the purposes of this Act 40
1............ What this Schedule does ................................................................... 40
2............ State, ACT and NT Acts, and parts of such Acts, that are enactments 40
Notes 43
An Act relating to the Review on Questions of Law of certain Administrative Decisions
Notes to
the
Administrative Decisions (Judicial
Review) Act 1977 Note 1 The Administrative Decisions (Judicial Review) Act 1977
as shown in this
compilation
comprises Act No. 59, 1977 amended as indicated in the Tables below. The Administrative Decisions (Judicial Review) Act 1977
was amended by the Administrative Decisions (Judicial Review) Regulations
(Statutory Rules 1981 No. 274). These Regulations were disallowed by the
Senate on 23 March 1982. The Administrative Decisions (Judicial Review) Act 1977 was
amended by the Public Employment (Consequential and Transitional)
Regulations 1999 (Statutory Rules 1999 No. 301 as amended by Statutory
Rules 2000 No. 332) and the Workplace Relations Amendment (Work
Choices) (Consequential Amendments) Regulations 2006 (No. 1) (SLI 2006
No. 50). The amendments are incorporated in this compilation. The operation of the Administrative Decisions (Judicial
Review) Act 1977 is affected by section 40 of the Archives Act 1983. 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 22 September 1999 is not included in this
compilation. For subsequent
information see Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
59, 1977 |
16 June 1977 |
1 Oct 1980 (see Gazette 1980, No. S210) |
|
|
|
Administrative Decisions (Judicial Review) Amendment Act 1978 |
66, 1978 |
22 June 1978 |
1 Oct 1980 (see |
-- |
|
Administrative Decisions (Judicial Review) Amendment Act 1980 |
111, 1980 |
1 Sept 1980 |
1 Oct 1980 (see |
-- |
|
111, 1982 |
5 Nov 1982 |
S. 89: 22 Dec 1984 (see Gazette 1984, No. S539) |
-- |
|
|
115, 1982 |
22 Nov 1982 |
Ss. 1, 2, 7 and 8(1): Royal Assent |
S. 4(2) |
|
|
Taxation (Unpaid Company Tax) (Consequential Amendments) Act 1982 |
122, 1982 |
13 Dec 1982 |
13 Dec 1982 (see s. 2) |
-- |
|
137, 1982 |
23 Dec 1982 |
24 Nov 1982 |
S. 6(2) |
|
|
Administrative Decisions (Judicial Review) Amendment Act 1982 |
140, 1982 |
31 Dec 1982 |
31 Dec 1982 (see s. 2) |
-- |
|
153, 1982 |
31 Dec 1982 |
3 July 1985 (see |
S. 95 |
|
|
62, 1983 |
12 Oct 1983 |
Part IV (ss. 30, 31): 5 Dec 1983 (see |
-- |
|
|
144, 1983 |
22 Dec 1983 |
21 Feb 1984 (see Gazette 1984, No. S62) |
-- |
|
|
76, 1984 |
25 June 1984 |
29 June 1984 (see Gazette 1984, No. S241) |
-- |
|
|
159, 1984 |
25 Oct 1984 |
1 Jan 1985 |
-- |
|
|
164, 1984 |
25 Oct 1984 |
Part XIV (ss. 115, 116): Royal Assent |
-- |
|
|
4, 1985 |
29 Mar 1985 |
5 Apr 1985 (see s. 2) |
-- |
|
|
47, 1985 |
30 May 1985 |
Ss. 3, 4(2), 11, 12 and Part XI |
S. 2(4) and (5) |
|
|
65, 1985 |
5 June 1985 |
S. 3: (a) |
-- |
|
|
41, 1986 |
24 June 1986 |
24 June 1986 (see s. 2(1)) |
S. 2(2) |
|
|
76, 1986 |
24 June 1986 |
S. 3: Royal Assent |
S. 9 |
|
|
Intelligence and Security (Consequential Amendments) Act 1986 |
102, 1986 |
17 Oct 1986 |
1 Feb 1987 (see |
-- |
|
112, 1986 |
4 Nov 1986 |
4 Nov 1986 |
S. 4(2) |
|
|
153, 1986 |
18 Dec 1986 |
Ss. 1-3, 103, 126, 130, 132 and 134: Royal Assent |
-- |
|
|
62, 1987 |
5 June 1987 |
S. 56: 1 July 1987 (see s. 2(6) and Gazette 1987, No. S131) (e) |
-- |
|
|
76, 1987 |
5 June 1987 |
1 Jan 1988 (see |
S. 10(1) |
|
|
141, 1987 |
18 Dec 1987 |
S. 3: Royal Assent |
S. 5(1) |
|
|
Petroleum Resource Rent Tax (Miscellaneous Provisions) Act 1987 |
145, 1987 |
18 Dec 1988 |
15 Jan 1988 (see s. 2) |
-- |
|
5, 1988 |
9 Mar 1988 |
1 Dec 1988 (see s. 2(1) and Gazette 1988, No. S366) |
S. 7(1) |
|
|
Family Court of Australia (Additional Jurisdiction and Exercise of Powers) Act 1988 |
8, 1988 |
5 Apr 1988 |
Ss. 1-11, 12(b), (c), (e), (f), 13-21, 27, 29 and 30:
Royal Assent |
-- |
|
as amended by |
|
|
|
|
|
120, 1988 |
14 Dec 1988 |
Part XI (ss. 34, 35): 5 Apr 1988 |
-- |
|
|
63, 1988 |
15 June 1988 |
Part III (ss. 17-32), s. 98, Part IX |
Ss. 100(1)-(3) and 102(1) |
|
|
87, 1988 |
8 Nov 1988 |
Ss. 1 and 2: 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) |
S. 26 |
|
Primary Industries and Energy Legislation Amendment Act 1988 |
111, 1988 |
12 Dec 1988 |
S. 3: 1 Jan 1989 |
-- |
|
ANL (Conversion into Public Company) Act 1988 |
127, 1988 |
14 Dec 1988 |
S. 11: 1 July 1989 (see Gazette 1989, No. S210) |
-- |
|
14, 1989 |
13 Apr 1989 |
1 Aug 1989 (see Gazette 1989, No. S240) |
S. 32(1) |
|
|
107, 1989 |
30 June 1989 |
Part 6 (ss. 29, 30): 24 Nov 1988 (see s. 2(2)) |
-- |
|
|
150, 1989 |
27 Nov 1989 |
5 Mar 1990 (see Gazette 1990, No. S48) |
-- |
|
|
Australian Federal Police Legislation Amendment Act (No. 2) 1989 |
153, 1989 |
17 Dec 1989 |
S. 72: 1 Jan 1990 (see Gazette 1989, No. S397) |
-- |
|
Migration Legislation Amendment (Consequential Amendments) Act 1989 |
159, 1989 |
18 Dec 1989 |
S. 4: 19 Dec 1989 (see s. 2(2)) |
-- |
|
60, 1990 |
16 June 1990 |
S. 43 and Part 10 (ss. 88-95): 31 Oct 1990 (see Gazette 1990, No. S272) |
-- |
|
|
Commonwealth Serum Laboratories (Conversion into Public Company) Act 1990 |
77, 1990 |
22 Oct 1990 |
S. 17: 1 Apr 1991 (see Gazette 1991, No. S75) |
-- |
|
118, 1990 |
28 Dec 1990 |
S. 62 (in part): 17 Apr 1991 (see Gazette 1991, No. S72) |
-- |
|
|
149, 1991 |
21 Oct 1991 |
1 Nov 1991 |
-- |
|
|
216, 1991 |
24 Dec 1991 |
S. 113: 1 Mar 1992 (see Gazette 1992, No. GN7) |
-- |
|
|
Superannuation Guarantee (Consequential Amendments) Act 1992 |
92, 1992 |
30 June 1992 |
1 July 1992 |
-- |
|
151, 1992 |
11 Dec 1992 |
Ss. 6, 7, 10, 11 and 14-20: 1 July 1993 |
-- |
|
|
196, 1992 |
21 Dec 1992 |
Schedule (Part 2): 10 Mar 1993 (see Gazette 1993, No. GN17) (b) |
S. 2(6) (am. by 60, 1993, s. 4; 168, 1994, Sch. [item 17]) |
|
|
as amended by |
|
|
|
|
|
60, 1993 |
3 Nov 1993 |
10 Mar 1993 |
-- |
|
|
168, 1994 |
16 Dec 1993 |
Schedule (item 17): Royal Assent |
-- |
|
|
32, 1993 |
16 June 1993 |
Ss. 6, 7, 9, 11, 13, 15 and Part 5 (ss. 29, 30): 1 June
1993 |
-- |
|
|
Snowy Mountains Engineering Corporation Limited Sale Act 1993 |
54, 1993 |
27 Oct 1993 |
S. 44: 9 Nov 1993 (see Gazette 1993, No. S334) (c) |
-- |
|
88, 1993 |
30 Nov 1993 |
Part 1 (ss. 1-4), |
-- |
|
|
124, 1994 |
18 Oct 1994 |
18 Apr 1995 |
-- |
|
|
85, 1995 |
1 July 1995 |
S. 20: Royal Assent |
S. 20 |
|
|
136, 1995 |
5 Dec 1995 |
(d) |
-- |
|
|
161, 1995 |
16 Dec 1995 |
Schedule (item 1): (e) |
-- |
|
|
175, 1995 |
16 Dec 1995 |
16 Dec 1995 |
-- |
|
|
15, 1996 |
24 June 1996 |
1 July 1996 (f) |
-- |
|
|
43, 1996 |
25 Oct 1996 |
Schedule 2 (items 8-13): (g) |
-- |
|
|
44, 1996 |
25 Oct 1996 |
Schedule 1 (item 1): 16 Dec 1996 (see Gazette 1996, No. GN49) |
-- |
|
|
Workplace Relations and Other Legislation Amendment Act 1996 |
60, 1996 |
25 Nov 1996 |
Schedule 19 (item 3): Royal Assent |
-- |
|
39, 1997 |
17 Apr 1997 |
1 July 1997 |
-- |
|
|
as amended by |
|
|
|
|
|
16, 1998 |
16 Apr 1998 |
Schedule 8 (item 3): (h) |
-- |
|
|
67, 1997 |
5 June 1997 |
Schedule 2 (item 1): 22 Apr 2011 (see F2011L00637) (i) |
-- |
|
|
96, 1997 |
30 June 1997 |
Schedule 4 (item 1): 1 Nov 2000 (see Gazette 2000, No. S562) |
-- |
|
|
150, 1997 |
17 Oct 1997 |
Schedule 2 (item 1): Royal Assent |
-- |
|
|
152, 1997 |
24 Oct 1997 |
Schedule 2 (item 141): 1 Jan 1998 (see s. 2(2) and Gazette 1997, No. GN49) |
-- |
|
|
Snowy Hydro Corporatisation (Consequential Amendments) Act 1997 |
177, 1997 |
21 Nov 1997 |
28 June 2002 (see s. 2 and Gazette 2002, No. S216) |
-- |
|
7, 1999 |
31 Mar 1999 |
Schedules 1-3: 1 Sept 1999 (see Gazette 1999, No. S395) |
-- |
|
|
118, 1999 |
22 Sept 1999 |
22 Sept 1999 |
Sch. 2 (item 20) [see Table A] |
|
|
Public Employment (Consequential and Transitional) Amendment Act 1999 |
146, 1999 |
11 Nov 1999 |
Schedule 1 (items 50-53): 5 Dec 1999 (see Gazette 1999, No. S584) |
-- |
|
Australian Security Intelligence Organisation Legislation Amendment Act 1999 |
161, 1999 |
10 Dec 1999 |
Schedule 3 (items 1, 16): (j) |
-- |
|
A New Tax System (Indirect Tax and Consequential Amendments) Act 1999 |
176, 1999 |
22 Dec 1999 |
Schedule 8 (items 1, 2): (k) |
-- |
|
as amended by |
|
|
|
|
|
156, 2000 |
21 Dec 2000 |
Schedule 7 (item 8): (l) |
-- |
|
|
194, 1999 |
23 Dec 1999 |
Schedule 4: 23 Dec 1999 (see s. 2(1)) |
Sch. 4 (item 72) [see Table A] |
|
|
9, 2000 |
7 Mar 2000 |
2 July 2000 (see Gazette 2000, No. S328) |
Sch. 3 (items 20, 21, 34, 35) [see Table A] |
|
|
57, 2000 |
30 May 2000 |
Schedule 1 (items 3-27):
1 July 2000 (see Gazette 2000, No. GN25) |
Sch. 1 (item 27) and Sch. 2 (item 16) [see Table A] |
|
|
161, 2000 |
21 Dec 2000 |
21 Dec 2000 |
Sch. 1 (items 16, 17) [see Table A] |
|
|
172, 2000 |
21 Dec 2000 |
Schedule 1 (item 1): Royal Assent |
-- |
|
|
Corporations (Repeals, Consequentials and Transitionals) Act 2001 |
55, 2001 |
28 June 2001 |
Ss. 4-14 and Schedule 3 (items 13-15): 15 July 2001 (see s. 2(3) and Gazette 2001, No. S285) |
Ss. 4-14 [see Note 1] |
|
Financial Services Reform (Consequential Provisions) Act 2001 |
123, 2001 |
27 Sept 2001 |
Schedule 1 (item 1): 11 Mar 2002 (see Gazette 2001, No. GN42) |
-- |
|
134, 2001 |
27 Sept 2001 |
Schedule 1: 2 Oct
2001 (see Gazette 2001, No. S406) |
Sch.
1 (item |
|
|
153, 2001 |
1 Oct 2001 |
29 Oct 2001 (see s. 2) |
S. 4 [see Table A] |
|
|
Jurisdiction of the Federal Magistrates Service Legislation Amendment Act 2001 |
157, 2001 |
1 Oct 2001 |
Schedule 2 (items 2-5, 6(2)): Royal Assent |
Sch. 2 (item 6(2)) [see Table A] |
|
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002 |
86, 2002 |
11 Oct 2002 |
Ss. 1-3: Royal Assent |
-- |
|
127, 2002 |
11 Dec 2002 |
Schedule 2 (item 17): Royal Assent |
-- |
|
|
32, 2003 |
15 Apr 2003 |
Schedule 1: 1 July
2003 (see Gazette 2003, No. S228) |
Sch.
1 (items |
|
|
30, 2004 |
2 Apr 2004 |
Schedule 2 (item 1): Royal Assent |
-- |
|
|
35, 2004 |
20 Apr 2004 |
21 Apr 2004 |
-- |
|
|
62, 2004 |
26 May 2004 |
Schedule 1 (item 2):
(m) |
-- |
|
|
Trade Practices Amendment (Australian Energy Market) Act 2004 |
108, 2004 |
30 June 2004 |
Schedules 1 and 2:
23 May 2005 (see F2005L01121) |
-- |
|
124, 2004 |
16 Aug 2004 |
Schedule 3: 17 Aug 2004 |
-- |
|
|
National Security Information (Criminal Proceedings) (Consequential Amendments) Act 2004 |
151, 2004 |
14 Dec 2004 |
Schedules 1 and 2: (n) |
-- |
|
National Security Information Legislation Amendment Act 2005 |
89, 2005 |
6 July 2005 |
Schedule 1: 3 Aug 2005 |
-- |
|
100, 2005 |
6 July 2005 |
Schedule 1 (item 1): Royal Assent |
-- |
|
|
111, 2005 |
6 Sept 2005 |
Schedule 2 (items 80, 728): 1 Oct 2005 |
Sch. 2 (item 728) [see Table A] |
|
|
Building and Construction Industry Improvement (Consequential and Transitional) Act 2005 |
112, 2005 |
12 Sept 2005 |
Schedule 2 (item 1): Royal Assent |
-- |
|
118, 2005 |
23 Sept 2005 |
S. 3: Royal Assent |
S. 3 [see Table A] |
|
|
137, 2005 |
15 Nov 2005 |
Schedule 1: 1 Dec 2005 (see F2005L03684) |
Sch.
1 (items |
|
|
144, 2005 |
14 Dec 2005 |
S. 4: Royal Assent |
S. 4 [see Table A] |
|
|
Commonwealth Radioactive Waste Management (Related Amendments) Act 2005 |
146, 2005 |
14 Dec 2005 |
Schedule 1 (item 1): 15 Dec 2005 (see s. 2(1)) |
-- |
|
Australian Sports Anti-Doping Authority (Consequential and Transitional Provisions) Act 2006 |
7, 2006 |
7 Mar 2006 |
Schedule 1 (item 1): 13 Mar 2006 (see s. 2(1) and F2006L00764) |
-- |
|
Offshore Petroleum (Repeals and Consequential Amendments) Act 2006 |
17, 2006 |
29 Mar 2006 |
Schedule 2 (item 1): 1 July 2008 (see s. 2(1) and F2008L02273) |
-- |
|
40, 2006 |
3 May 2006 |
Schedule 1 (item 10): 13 June 2006 (see F2006L01623) |
-- |
|
|
60, 2006 |
22 June 2006 |
Schedule 2 (item 1): (o) |
-- |
|
|
Fuel Tax (Consequential and Transitional Provisions) Act 2006 |
73, 2006 |
26 June 2006 |
Schedule 5 (items 1, 63): 1 July 2006 (see s. 2(1)) |
-- |
|
Excise Laws Amendment (Fuel Tax Reform and Other Measures) Act 2006 |
74, 2006 |
26 June 2006 |
Schedule 1 (item 1): 1 July 2006 |
-- |
|
Law Enforcement (AFP Professional Standards and Related Measures) Act 2006 |
84, 2006 |
30 June 2006 |
Schedule 3 (item 1): 30 Dec 2006 (see s. 2(1)) |
-- |
|
Law Enforcement Integrity Commissioner (Consequential Amendments) Act 2006 |
86, 2006 |
30 June 2006 |
Schedule 1 (item 1): 30 Dec 2006 (see s. 2(1)) |
-- |
|
90, 2006 |
30 June 2006 |
Schedule 1: 11 Sept 2006 (see F2006L02947) |
Sch. 1 (item 192) [see Table A] |
|
|
Tax Laws Amendment (Repeal of Inoperative Provisions) Act 2006 |
101, 2006 |
14 Sept 2006 |
Schedule 5 (items 2-5) and Schedule 6 (items 5-11): Royal Assent |
Sch.
6 (items |
|
Commonwealth Radioactive Waste Management Legislation Amendment Act 2006 |
161, 2006 |
11 Dec 2006 |
11 Dec 2006 |
-- |
|
170, 2006 |
12 Dec 2006 |
Schedule 1 (item 1): 13 Dec 2006 (see s. 2(1)) |
-- |
|
|
8, 2007 |
15 Mar 2007 |
Schedule 3 (items 18, 19): Royal Assent |
-- |
|
|
Australian Energy Market Amendment (Gas Legislation) Act 2007 |
45, 2007 |
10 Apr 2007 |
Schedule 1 (item 1): 1 July 2008 (see F2008L02164) |
-- |
|
Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2007 |
52, 2007 |
12 Apr 2007 |
Schedule 1 (items 1, 65): 13 Apr 2007 |
Sch. 1 (item 65) [see Table A] |
|
Tax Laws Amendment (2007 Measures No. 1) Act 2007 |
56, 2007 |
12 April 2007 |
12 Apr 2007 |
Sch. 1 (item 5) [see Table A] |
|
Australian Energy Market Amendment (Minor Amendments) Act 2008 |
60, 2008 |
30 June 2008 |
Schedule 1: (p) |
-- |
|
Financial System Legislation Amendment (Financial Claims Scheme and Other Measures) Act 2008 |
105, 2008 |
17 Oct 2008 |
Schedule 1 (item 53): (q) |
-- |
|
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 |
144, 2008 |
9 Dec 2008 |
Schedule 2 (items 2, 3): 1 July 2009 |
Sch. 2 (item 3) [see Table A] |
|
Australian Energy Market Amendment (AEMO and Other Measures) Act 2009 |
17, 2009 |
26 Mar 2009 |
Schedule 1 (item 1): 27 Mar 2009 |
-- |
|
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 |
55, 2009 |
25 June 2009 |
Schedule 17 (item 18): 1 July 2009 |
-- |
|
Tax Laws Amendment (2009 Measures No. 4) Act 2009 |
88, 2009 |
18 Sept 2009 |
Schedule 5 (item 244): Royal Assent |
-- |
|
Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment Act 2009 |
102, 2009 |
8 Oct 2009 |
Schedule 1 (item 52): 9 Oct 2009 |
-- |
|
Access to Justice (Civil Litigation Reforms) Amendment Act 2009 |
117, 2009 |
4 Dec 2009 |
Schedule 3 (item 15): 1 Jan 2010 |
-- |
|
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 |
4, 2010 |
19 Feb 2010 |
Schedule 1 (items 210, 211) and Schedule 7 (item 23): 20 Feb 2010 |
Sch. 1 (item 211) [see Table A] |
|
Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010 |
44, 2010 |
14 Apr 2010 |
Schedule 4 (item 1): 1 July 2010 |
-- |
|
79, 2010 |
29 June 2010 |
Schedule 1 (items 11, 12): 1 July 2010 |
-- |
|
|
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 |
103, 2010 |
13 July 2010 |
Schedule 6 (items 1, 2, 150): 1 Jan 2011 |
-- |
|
National Security Legislation Amendment Act 2010 |
127, 2010 |
24 Nov 2010 |
Schedule 10 (item 1): 25 Nov 2010 |
-- |
|
Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010 |
145, 2010 |
16 Dec 2010 |
Schedule 2 (item 1): 17 Dec 2010 |
-- |
|
Statute Law Revision Act 2011 |
5, 2011 |
22 Mar 2011 |
Schedule
1 (item 2): Royal Assent |
-- |
|
Australian Energy Market Amendment (National Energy Retail Law) Act 2011 |
119, 2011 |
14 Oct 2011 |
Schedule 2 (item 1): [see s. 2(1) and Note 2] |
-- |
|
Crimes Legislation Amendment Act (No. 2) 2011 |
174, 2011 |
5 Dec 2011 |
Schedule 2 (items 140, 141): 1 Jan 2012 |
-- |
|
Minerals Resource Rent Tax (Consequential Amendments and Transitional Provisions) Act 2012 |
14, 2012 |
29 Mar 2012 |
Schedule 2
(item 10): (r) |
S. 2(1) (item 6) (am. by 39, 2012, Sch. 1 [items 267, 268]) |
|
as amended by |
|
|
|
|
|
Indirect Tax Laws Amendment (Assessment) Act 2012 |
39, 2012 |
15 Apr 2012 |
Schedule 1
(items 267, 268, 271): (s) |
-- |
|
National Radioactive Waste Management Act 2012 |
29, 2012 |
4 Apr 2012 |
Schedule 1 (item 2): Royal Assent |
-- |
|
Indirect Tax Laws Amendment (Assessment) Act 2012 |
39, 2012 |
15 Apr 2012 |
Schedule 1 (items 30, 239): [see Note 4 and Table A] |
Sch. 1 (item 239) [see Table A] |
|
Road Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012 |
47, 2012 |
16 Apr 2012 |
Schedule 1: [see s. 2(1) and Note 5] |
-- |
(a) The Administrative Decisions (Judicial Review) Act 1977 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(3) of which provides as follows:
(3) The amendment of the Administrative Decisions (Judicial Review) Act 1977 made by this Act shall come into operation, or be deemed to have come into operation as the case requires, immediately after the commencement of the Defence Force (Miscellaneous Provisions) Act 1982.
The Defence Force (Miscellaneous Provisions) Act 1982 came into operation on 3 July 1985.
(b) The Administrative Decisions (Judicial Review) Act 1977 was amended by the Schedule (Part 2) only of the Qantas Sale Act 1992, paragraph 2(3)(a) of which provides as follows:
(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:
(a) in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule--the day is not earlier than the substantial minority sale day.
(c) The Administrative Decisions (Judicial Review) Act 1977 was amended by section 44 only of the Snowy Mountains Engineering Corporation Limited Sale Act 1993, subsection 2(2) of which provides as follows:
(2) Sections 5 to 36 (inclusive) and 39 to 44 (inclusive) commence on the sale day.
(d) The ANL Sale Act 1995 was repealed by section 79 of that Act before coming into operation.
(e) The Administrative Decisions (Judicial Review) Act 1977 was amended by the Schedule (item 1) only of the Commonwealth Bank Sale Act 1995, subsection 2(6) of which provides as follows:
(6) Items 1 and 48 of the Schedule commence on the 10th anniversary of the day on which the transfer time occurs.
The transfer time occurred on 19 July 1996.
(f) Section 2 of the Customs Tariff (Miscellaneous Amendments) Act 1996 provides as follows:
2 This Act commences on 1 July 1996 immediately after the commencement of the Customs Tariff Act 1995.
(g) The Administrative Decisions (Judicial Review) Act 1977 was amended by Schedule 2 (items 8-13) and Schedule 5 (items 7-9) 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.
Schedule 2 (items 8-13) commenced on the day on which this Act received the Royal Assent.
(h) The Income Tax (Consequential Amendments) Act 1997 was amended by Schedule 8 (item 3) of the Taxation Laws Amendment Act (No. 1) 1998, subsection 2(2) of which provides as follows:
(2) Schedule 8 is taken to have commenced immediately before 1 July 1997.
(i) The Administrative Decisions (Judicial Review) Act 1977 was amended by Schedule 2 (item 1) only of the AIDC Sale Act 1997, subsection 2(2) of which provides as follows:
(2) Schedule 2 commences on a day to be fixed by Proclamation. The day must not be earlier than the day on which the Minister gives the Governor-General a written certificate stating that the Minister is satisfied that the Australian Industry Development Corporation has no assets and no liabilities.
(j) The Administrative Decisions (Judicial Review) Act 1977 was amended by Schedule 3 (items 1 and 16) 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 Royal Assent.
(k) The Administrative Decisions (Judicial Review) Act 1977 was amended by Schedule 8 (items 1 and 2) only of the A New Tax System (Indirect Tax and Consequential Amendments) Act 1999, subsection 2(17) of which provides as follows:
(17) Schedule 8 commences immediately after the commencement of the A New Tax System (Goods and Services Tax) Act 1999.
The A New Tax System (Goods and Services Tax) Act 1999 came into operation on 1 July 2000.
(l) The A New Tax System (Indirect Tax and Consequential Amendments) Act 1999 was amended by Schedule 7 (item 8) only of the Taxation Laws Amendment Act (No. 8) 2000, subsection 2(4) of which provides as follows:
(4) Item 8 of Schedule 7 is taken to have commenced immediately after the A New Tax System (Indirect Tax and Consequential Amendments) Act 1999 received the Royal Assent.
(m) Subsection 2(1) (item 3) of the Law and Justice Legislation Amendment Act 2004 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 1, item 2 |
Immediately after the commencement of item 1 of Schedule 6 to the Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002. |
1 January 2003 |
(n) Subsection 2(1) (item 2) of the National Security Information (Criminal Proceedings) (Consequential Amendments) Act 2004 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedules 1 and 2 |
Immediately after the commencement of sections 3 to 49 of the National Security Information (Criminal Proceedings) Act 2004. |
1 March 2005 |
(o) Subsection 2(1) (item 3) of the Energy Legislation Amendment Act 2006 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 2, item 1 |
Immediately after the commencement of Schedules 1 and 2 to the Trade Practices Amendment (Australian Energy Market) Act 2004. |
23 May 2005 |
(p) Subsection 2(1) (item 2) of the Australian Energy Market Amendment (Minor Amendments) Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedules 1 and 2 |
Immediately after the commencement of Schedule 1 to the Australian Energy Market Amendment (Gas Legislation) Act 2007. |
1 July
2008 |
(q) Subsection 2(1) (items 2 and 3) of the Financial System Legislation Amendment (Financial Claims Scheme and Other Measures) Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
2. Schedule 1 |
Immediately after the provision(s) covered by table item 3. |
18 October 2008 |
|
3. Schedules 2 to 5 |
The day after this Act receives the Royal Assent. |
18 October 2008 |
(r) Subsection 2(1) (items 4 and 6) of the Minerals Resource Rent Tax (Consequential Amendments and Transitional Provisions) Act 2012 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
4. Schedule 2, Part 2 |
At the same time as the Minerals Resource Rent Tax Act 2012 commences. However, the provision(s) do not commence at all if the Indirect Tax Laws Amendment (Assessment) Act 2012 receives the Royal Assent before 1 July 2012. |
Does not commence |
|
6. Schedule 3, item 90 |
Immediately after the commencement of Part 1 of Schedule 1 to the Indirect Tax Laws Amendment (Assessment) Act 2012. |
[see Note 3] |
(s) Subsection 2(1) (items 4-6) of the Indirect Tax Laws Amendment (Assessment) Act 2012 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
4. Schedule 1, items 265 to 268 |
Immediately after the commencement of section 2 of the Minerals Resource Rent Tax (Consequential Amendments and Transitional Provisions) Act 2012. |
29 March 2012 |
|
5. Schedule 1, items 269 and 270 |
Immediately after the time specified in the Minerals Resource Rent Tax (Consequential Amendments and Transitional Provisions) Act 2012 for the commencement of Part 2 of Schedule 2 to that Act. However, the provision(s) do not commence at all if this Act receives the Royal Assent before 1 July 2012. |
Do not commence |
|
6. Schedule 1, item 271 |
Immediately after the commencement of section 2 of the Minerals Resource Rent Tax (Consequential Amendments and Transitional Provisions) Act 2012. |
29 March 2012 |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
S. 3 ..................................... |
am. No. 66, 1978; No. 111, 1980; No. 153, 1982; Nos. 8 and 109, 1988; No. 196, 1992; No. 43, 1996; No. 194, 1999; Nos. 57 and 161, 2000; No. 55, 2001; No. 5, 2011 |
|
S. 3A .................................. |
ad. No. 109, 1988 |
|
|
am. No. 57, 2000 |
|
S. 4 ..................................... |
am. No. 66, 1978 |
|
Ss. 5, 6 ............................... |
am. No. 43, 1996; No. 194, 1999; No. 157, 2001 |
|
S. 7 ..................................... |
am. No. 66, 1978; No. 194, 1999; No. 157, 2001 |
|
Heading to s. 8 ................. |
am. No. 194, 1999 |
|
S. 8 ..................................... |
am. No. 194, 1999 |
|
Note to s. 8......................... |
ad. No. 161, 2000 |
|
S. 9 ..................................... |
am. No. 111, 1980; No. 44, 1996; No. 57, 2000 |
|
Note to s. 9(1).................... |
ad. No. 57, 2000 |
|
|
am. No. 55, 2001 |
|
S. 9A................................... |
ad. No. 57, 2000 |
|
|
am. No. 151, 2004; No. 89, 2005 |
|
S. 9B................................... |
ad. No. 89, 2005 |
|
S. 10 ................................... |
am. No. 66, 1978; No. 62, 1983; No. 194, 1999; No. 84, 2006 |
|
S. 11 ................................... |
am. No. 111, 1980; No. 43, 1996; No. 194, 1999 |
|
S. 12 ................................... |
am. No. 194, 1999 |
|
S. 13 ................................... |
am. No. 111, 1980; No. 43, 1996; No. 194, 1999; No. 157, 2001 |
|
S. 13A ................................ |
ad. No. 111, 1980 |
|
|
am. No. 194, 1999 |
|
S. 14 ................................... |
am. No. 111, 1980; No. 43, 1996; No. 194, 1999 |
|
Heading to s. 15 ............... |
am. No. 194, 1999 |
|
S. 15 ................................... |
am. No. 43, 1996; No. 194, 1999 |
|
S. 15A ................................ |
ad. No. 194, 1999 |
|
Heading to s. 16 ............... |
am. No. 194, 1999 |
|
S. 16 ................................... |
am. No. 194, 1999 |
|
S. 17 ................................... |
am. No. 111, 1980; No. 43, 1996; No. 194, 1999; No. 57, 2000 |
|
S. 18 ................................... |
am. No. 43, 1996; No. 194, 1999 |
|
S. 18A ................................ |
ad. No. 8, 1988 |
|
|
am. No. 194, 1999 |
|
S. 19 ................................... |
am. No. 194, 1999 |
|
S. 19A ................................ |
ad. No. 66, 1978 |
|
Note to s. 19A(1)................ |
ad. No. 57, 2000 |
|
S. 19B................................. |
ad. No. 57, 2000 |
|
Schedule 1 ........................ |
ad. No. 111, 1980 |
|
|
am. Nos. 115, 122, 137, 140 and 153, 1982; No. 144, 1983; Nos. 4, 47 and 65, 1985; Nos. 41, 76, 102 and 112, 1986; Nos. 62, 76 and 145, 1987; Nos. 5 and 87, 1988; Nos. 14 and 107, 1989; Nos. 60 and 118, 1990; No. 216, 1991; Nos. 92, 151 and 196, 1992; Nos. 32, 54 and 88, 1993; No. 124, 1994; Nos. 161 and 175, 1995; Nos. 15, 43 and 60, 1996; Nos. 39 and 177, 1997; Nos. 7, 118 and 161, 1999; No. 176, 1999 (as am. by No. 156, 2000); No. 57, 2000; Nos. 123, 134 and 153, 2001; Nos. 86 and 127, 2002; Nos. 35, 62 and 124, 2004; Nos. 100, 112, 118, 137, 144 and 146, 2005; Nos. 40, 73, 74, 90, 101, 161 and 170, 2006; Nos. 8, 52 and 56, 2007; No. 105, 2008; Nos. 55, 88 and 117, 2009; Nos. 4, 79 and 145, 2010; No. 174, 2011; No. 29, 2012 |
|
Schedule 2 ........................ |
ad. No. 111, 1980 |
|
|
am. No. 111, 1982; No. 144, 1983; Nos. 76, 159 and 164, 1984; No. 153, 1986; No. 141, 1987; Nos. 5, 63, 111 and 127, 1988; Nos. 150, 153 and 159, 1989; Nos. 77 and 118, 1990; No. 149, 1991; No. 196, 1992; No. 85, 1995; Nos. 67, 96, 150 and 152, 1997; No. 146, 1999; Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332); Nos. 9, 57 and 172, 2000; No. 32, 2003; Nos. 30, 62 and 151, 2004; Nos. 89 and 111, 2005; SLI 2006 No. 50; No. 86, 2006; No. 144, 2008; No. 127, 2010; No. 5, 2011 |
|
Schedule 3......................... |
ad. No. 57, 2000 |
|
|
am. No. 55, 2001; No. 108, 2004; Nos. 7, 17 and 60, 2006; No. 45, 2007; No. 60, 2008; Nos. 17 and 102, 2009; Nos. 44 and 103, 2010; No. 5, 2011 |
Note 2
Australian Energy Market Amendment (National Energy Retail Law) Act 2011 (No. 119, 2011)
The following amendment commences on the time, or the earliest time, that the National Energy Retail Law as set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia starts to apply under an Act of a State or of the Australian Capital Territory or the Northern Territory. However, the amendment may not commence (see subsection 2(1) (item 3)):
Schedule 2
1 After paragraph 2(da) of Schedule 3
Insert:
(db) the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, as that Law applies as a law of South Australia;
(dc) if an Act of another State or of the Australian Capital Territory or the Northern Territory applies the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia, as amended from time to time, as that Law applies as a law of that other State or of that Territory--the National Energy Retail Law as so applied;
As at 21 May 2012 the amendment is not incorporated in this compilation.
Note 3
Minerals Resource Rent Tax (Consequential Amendments and Transitional Provisions) Act 2012 (No. 14, 2012)
The following amendment commences on 1 July 2012:
Schedule 3
1 Paragraph (e) of Schedule 1
After:
Income Tax Assessment Act 1997
insert:
Minerals Resource Rent Tax Act 2012
The following amendment commences immediately after 1 July 2012:
Schedule 3
90 Paragraph (e) of Schedule 1
After "Part 3-10", insert ", 3-15".
As at 21 May 2012 the amendments are not incorporated in this compilation.
Note 4
Indirect Tax Laws Amendment (Assessment) Act 2012 (No. 39, 2012)
The following amendment commences on 1 July 2012:
Schedule 1
30 Paragraph (e) of Schedule 1
Before "in Schedule 1 to that Act", insert "or 4-1".
As at 21 May 2012 the amendment is not incorporated in this compilation.
Note 5
Road Safety Remuneration (Consequential Amendments and Related Provisions) Act 2012 (No. 47, 2012)
The following amendment commences on 1 July 2012:
Schedule 1
1 Paragraph (a) of Schedule 1
After "Fair Work (Transitional Provisions and Consequential Amendments) Act 2009,", insert "the Road Safety Remuneration Act 2012,".
As at 21 May 2012 the amendment is not incorporated in this compilation.
Table A
Application, saving or transitional provisions
Statute Stocktake Act 1999 (No. 118, 1999)
Schedule 2
20 Saving provision
The amendments made by items 17, 18 and 19 do not allow a decision made under the Estate Duty Assessment Act 1914, the Gift Duty Assessment Act 1941 or the Taxation (Unpaid Company Tax) Assessment Act 1982 to be reviewed under the Administrative Decisions (Judicial Review) Act 1977.
Federal Magistrates
(Consequential Amendments) Act 1999
(No. 194, 1999)
Schedule 4
72 Transitional--section 19 of the Administrative Decisions (Judicial Review) Act 1977
Regulations in force for the purposes of subsection 19(1) of the Administrative Decisions (Judicial Review) Act 1977 immediately before the commencement of this item have effect, after the commencement of this item, as if:
(a) they had been made for the purposes of subsection 19(1) of the Administrative Decisions (Judicial Review) Act 1977 as amended by this Act; and
(b) each reference in those regulations to the Federal Court included a reference to the Federal Magistrates Court.
Australian Federal Police Legislation Amendment Act 2000 (No. 9, 2000)
Schedule 3
20 Definition
In this Part:
commencing time means the time when this Part commences.
21 Amendment of the Administrative Decisions (Judicial Review) Act 1977
The amendment of the Administrative Decisions (Judicial Review) Act 1977 made by Schedule 2 to this Act applies to decisions under the Australian Federal Police Act 1979 made at or after the commencing time.
34 Warrants or writs etc. may continue to be executed
If, immediately before the commencing time, any warrant, writ, order, permission or other instrument (the authority) issued under a law of the Commonwealth, a State or a Territory could be executed by a person who was at that time a member, staff member or special member of the Australian Federal Police, the authority continues to be able to be executed at and after the commencing time by the person in his or her capacity as:
(a) the Commissioner of the Australian Federal Police; or
(b) a Deputy Commissioner of the Australian Federal Police; or
(c) an AFP employee; or
(d) a special member of the Australian Federal Police;
(all within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).
Note: A person who is a member or staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee. Similarly, a person who is a special member of the Australian Federal Police immediately before the commencing time is taken to be appointed as a special member. See item 2 of this Schedule.
35 Regulations dealing with matters of a transitional or saving nature
(1) The Governor-General may make regulations, not inconsistent with any other provision of this Schedule, prescribing matters of a transitional or saving nature in relation to the amendments made by Schedule 1 or 2.
(2) Regulations made under this item within one year after the commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.
Jurisdiction of Courts Legislation Amendment Act 2000 (No. 57, 2000)
Schedule 1
27 Effect of amendments in relation to reviewable State and Territory decisions
Definitions
(1) In this item:
amended Act means the Administrative Decisions (Judicial Review) Act 1977 as in force after the commencement.
commencement means the commencement of the amendments of the Administrative Decisions (Judicial Review) Act 1977 made by this Schedule.
reviewable State decision means a decision:
(a) to which the amended Act applies because of the application of paragraph (b) of the definition of decision to which this Act applies in subsection 3(1) of that Act; and
(b) that was made under a law of a State.
reviewable Territory decision means a decision:
(a) to which the amended Act applies because of the application of paragraph (b) of the definition of decision to which this Act applies in subsection 3(1) of that Act; and
(b) that was made under a law of the Australian Capital Territory or the Northern Territory.
Reviewable State decisions made before the commencement--situations in which period for seeking review under amended Act is extended
(2) In each of the following situations, the amended Act applies in relation to a person and a reviewable State decision as if the prescribed period for the purposes of paragraph 11(1)(c) of that Act began on the commencement and ended on the later of the 28th day after the commencement and the day on which that prescribed period would, apart from this subitem, have ended:
(a) the first situation--the decision was made 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 the Administrative Decisions (Judicial Review) Act 1977 as purportedly applied as a law of a State, made an order allowing the person further time to make an application for an order of review of the 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 application by the person for an order of review of the decision were before the Federal Court of Australia under the Administrative Decisions (Judicial Review) Act 1977 as purportedly applied as a law of a State.
Note: The power under paragraph 11(1)(c) of the amended Act to extend the time for applying for judicial review of a decision is available even if the decision is a reviewable State decision and the 28 day time limit that would otherwise apply expired before the commencement.
Reviewable Territory decisions--ACT and NT laws no longer operate to apply the AD(JR) Act
(3) A law of the Australian Capital Territory or the Northern Territory that provides for the application of the Administrative Decisions (Judicial Review) Act 1977 as a law of that Territory is of no effect at any time after the commencement so far as that law purports to apply that Act in relation to a reviewable Territory decision (whenever it was made).
Note: The amended Act applies to these decisions.
Reviewable Territory decisions--review proceedings continue after the commencement under the amended Act
(4) If, immediately before the commencement, proceedings in relation to a reviewable Territory decision were before a court under the Administrative Decisions (Judicial Review) Act 1977 as applying as a law of the Australian Capital Territory or the Northern Territory, then, on and after the commencement, those proceedings continue as if they had been commenced in that court under the amended Act.
Reviewable Territory decisions--continued effect of orders made before the commencement
(5) An order made by a court before the commencement under the Administrative Decisions (Judicial Review) Act 1977 as applying as a law of the Australian Capital Territory or the Northern Territory has effect, on and after the commencement, as if it had been made by that court under the amended Act.
Schedule 2
16 Application of amendments
(1) In this item:
commencement means the commencement of the amendments of the Administrative Decisions (Judicial Review) Act 1977, the Corporations Act 1989 and the Judiciary Act 1903 made by Part 1 of this Schedule.
related criminal justice process decision, in relation to an offence, has the same meaning as in the following provisions (as amended by Part 1 of this Schedule):
(a) section 9A of the Administrative Decisions (Judicial Review) Act 1977;
(b) section 51AA of the Corporations Act 1989;
(c) section 39B of the Judiciary Act 1903.
(2) The amendments of the Administrative Decisions (Judicial Review) Act 1977, the Corporations Act 1989 and the Judiciary Act 1903 made by Part 1 of this Schedule apply in relation to:
(a) a decision made on or after the commencement to prosecute a person for an offence, even if the conduct alleged to give rise to the offence occurred before the commencement; or
(b) a related criminal justice process decision made on or after the commencement in relation to an offence, even if either or both of the following apply:
(i) the conduct alleged to give rise to the offence occurred before the commencement;
(ii) the prosecution of the offence, or an appeal arising out of the prosecution, was commenced before the commencement.
(3) The amendments of the Administrative Decisions (Judicial Review) Act 1977, the Corporations Act 1989 and the Judiciary Act 1903 made by Part 1 of this Schedule also apply in relation to:
(a) a decision made before the commencement to prosecute a person for an offence, unless that decision is the subject of an application that is before a court at 13 April 2000; or
(b) a related criminal justice process decision made before the commencement in relation to an offence, unless the decision is the subject of an application that is before a court at 13 April 2000.
Jurisdiction
of Courts (Miscellaneous Amendments) Act 2000
(No. 161, 2000)
Schedule 1
16 Pre-commencement jurisdiction of the Federal Magistrates Court
The enactment of this Schedule does not imply that the Parliament did not intend that the Federal Magistrates Court was to have jurisdiction, at a time before the commencement of this item, to hear and determine:
(a) a proceeding arising under the Administrative Decisions (Judicial Review) Act 1977 that was transferred to the Federal Magistrates Court under section 32AB of the Federal Court of Australia Act 1976; or
(b) a proceeding arising under the Family Law Act 1975 that was transferred to the Federal Magistrates Court under section 33B of the Family Law Act 1975.
17 Pre-commencement jurisdiction of the Federal Court
The enactment of this Schedule does not imply that the Parliament did not intend that the Federal Court was to have jurisdiction, at a time before the commencement of this item, to hear and determine a proceeding arising under the Administrative Decisions (Judicial Review) Act 1977 that was transferred to the Federal Court under Part 5 of the Federal Magistrates Act 1999.
Migration Legislation Amendment (Judicial Review)
Act 2001
(No. 134,
2001)
Schedule 1
8 Application
(1) If an application for judicial review of a decision under the Migration Act 1958 is lodged before the commencement of this Schedule, the Migration Act 1958, the Administrative Appeals Tribunal Act 1975 and the Administrative Decisions (Judicial Review) Act 1977, as in force immediately before that commencement, apply in respect of the application, and in respect of the review, as if this Schedule had not been enacted.
(2) The Migration Act 1958 and the Administrative Decisions (Judicial Review) Act 1977, as amended by this Schedule, apply in respect of judicial review of a decision under the Migration Act 1958 if:
(a) the decision was made on or after the commencement of this Schedule; or
(b) the decision:
(i) was made before the commencement of this Schedule; and
(ii) as at that commencement, an application for judicial review of the decision had not been lodged.
(3) A reference in subitem (1) or (2) to an application for judicial review of a decision is a reference to:
(a) an application for review of the decision under:
(i) section 44 of the Administrative Appeals Tribunal Act 1975; or
(ii) Part 8 of the Migration Act 1958; or
(iii) the Administrative Decisions (Judicial Review) Act 1977; or
(b) an application for a writ of mandamus, prohibition or certiorari or an injunction or a declaration in respect of the decision under:
(i) section 75 of the Constitution; or
(ii) section 39B or 67C of the Judiciary Act 1903.
Intelligence Services (Consequential Provisions) Act 2001 (No. 153, 2001)
The Governor-General may make regulations providing for matters of a transitional nature (including any saving or application provision) arising out of the enactment of the Intelligence Services Act 2001, or the amendments made by this Act.
Jurisdiction of the Federal Magistrates Service Legislation Amendment Act 2001 (No. 157, 2001)
Schedule 2
6 Application of amendments
(2) The amendments of the Administrative Decisions (Judicial Review) Act 1977 made by items 2, 3, 4 and 5 apply in relation to a decision made on or after the commencement of this item.
Dairy Industry Service Reform Act 2003 (No. 32, 2003)
Schedule 1
127 Dairy produce
A product that is dairy produce, immediately before the commencement of this item, under paragraph (c) of the definition of dairy produce in subsection 3(1) of the Dairy Produce Act 1986 is taken, after the commencement of this item, to continue to be dairy produce under that paragraph.
128 Continuation of secrecy obligations
Section 119 of the Dairy Produce Act 1986 as in force before the commencement of this item continues to apply after the commencement of this item to a person who, immediately before the commencement of this item, was a person to whom that section applied as if the amendments to that section made by this Schedule had not been made.
129 Final annual reports
(1) For the final reporting period, the directors of Dairy Australia Limited must, in relation to the Australian Dairy Corporation and the Dairy Research and Development Corporation, prepare the report referred to in section 9 of the Commonwealth Authorities and Companies Act 1997. The report may include such other matters as the directors consider appropriate.
(2) For the purposes of this item, the final reporting period is to be treated as a financial year.
(3) In this item:
final reporting period means the period that:
(a) started on 1 July 2002; and
(b) ends at the commencement of this item.
Human Services Legislation Amendment Act 2005 (No. 111, 2005)
Schedule 2
728 Operation of the Administrative Decisions (Judicial Review) Act 1977
Despite the amendment made by item 80, the Administrative Decisions (Judicial Review) Act 1977 has effect in relation to decisions made before the commencement time as if that amendment had not been made.
Telstra (Transition to Full Private Ownership) Act 2005 (No. 118, 2005)
(1) If, in the opinion of the Minister, a particular day is the first day after the commencement of Part 1 of Schedule 1 on which a majority of the voting shares in Telstra are held by a person, or persons, other than the Commonwealth, the Minister must, by written instrument, declare the day to be the designated day for Telstra.
(2) The declaration has effect accordingly.
Future Fund and Communications Fund
(3) For the purposes of this section, if a share in Telstra is an investment of the Future Fund or the Communications Fund, the share is taken to be held by a person other than the Commonwealth.
Securities lending arrangements
(4) For the purposes of this section, if, under an agreement of the kind known as a securities lending arrangement:
(a) at a particular time (the disposal time), the Commonwealth disposed of a share in Telstra (the borrowed share) to another person (the borrower); and
(b) the Commonwealth may come under an obligation to:
(i) re-acquire the borrowed share from the borrower at a later time; or
(ii) acquire an identical share from the borrower at a later time;
the borrowed share is taken to be held by the Commonwealth during the period:
(c) beginning at the disposal time; and
(d) ending when the obligation mentioned in paragraph (b) is discharged or can no longer arise.
Declaration
(5) The declaration under subsection (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003, but section 42 of that Act does not apply to the declaration.
(6) The designated day may be earlier than the day on which the declaration under subsection (1) is registered under the Legislative Instruments Act 2003.
Definitions
(7) In this section:
category A hybrid-security issuer company has the same meaning as in the Telstra Corporation Act 1991.
Communications Fund has the same meaning as in the Telstra Corporation Act 1991.
Future Fund has the same meaning as in the Telstra Corporation Act 1991.
Telstra has the same meaning as in the Telstra Corporation Act 1991.
the Commonwealth includes a category A hybrid-security issuer company.
voting share has the same meaning as in the Telstra Corporation Act 1991.
Migration Litigation Reform Act 2005 (No. 137, 2005)
Schedule 1
40 Definitions
In this Part:
commencement day means the day on which this Schedule commences.
migration decision has the same meaning as in the Migration Act 1958, as amended by Part 1 of this Schedule.
migration litigation has the same meaning as in Part 8B of the Migration Act 1958, as amended by Part 1 of this Schedule.
substantive proceedings has the same meaning as in paragraph 503B(1)(b) of the Migration Act 1958.
41 Application of item 1 and items 11 to 36
The amendments made by item 1 and items 11 to 36 of this Schedule apply to proceedings in relation to a migration decision that are commenced on or after the commencement day.
42 Transitional provision--migration decision made before commencement day
Where proceedings are commenced on or after the commencement day in relation to a migration decision made before the commencement day, and actual notification of the decision is given before the commencement day:
(a) section 477 of the Migration Act 1958 applies as if the actual notification of the decision took place on the commencement day; and
(b) section 477A of that Act applies as if the actual notification of the decision took place on the commencement day; and
(c) section 486A of that Act applies as if the actual notification of the decision took place on the commencement day.
Anti-Terrorism Act (No. 2) 2005 (No. 144, 2005)
4 Review of anti-terrorism laws
(1) The Council of Australian Governments agreed on 27 September 2005 that the Council would, after 5 years, review the operation of:
(a) the amendments made by Schedules 1, 3, 4 and 5; and
(b) certain State laws.
(2) If a copy of the report in relation to the review is given to the Attorney-General, the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the Attorney-General receives the copy of the report.
Renewable Energy (Electricity) Amendment Act 2006 (No. 90, 2006)
Schedule 1
192 Application--assessments
The amendment made by item 1 applies in relation to decisions made after the commencement of that item.
Tax
Laws Amendment (Repeal of Inoperative Provisions) Act 2006
(No. 101,
2006)
Schedule 6
5 Application of Schedule 5 amendments
The repeals and amendments made by Schedule 5 apply to acts done or omitted to be done, or states of affairs existing, after the commencement of the amendments.
6 Object
The object of this Part is to ensure that, despite the repeals and amendments made by this Act, the full legal and administrative consequences of:
(a) any act done or omitted to be done; or
(b) any state of affairs existing; or
(c) any period ending;
before such a repeal or amendment applies, can continue to arise and be carried out, directly or indirectly through an indefinite number of steps, even if some or all of those steps are taken after the repeal or amendment applies.
7 Making and amending assessments, and doing other things, in relation to past matters
Even though an Act is repealed or amended by this Act, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003):
(a) making or amending an assessment (including under a provision that is itself repealed or amended);
(b) exercising any right or power, performing any obligation or duty or doing any other thing (including under a provision that is itself repealed or amended);
in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
Example 1: On 31 July 1999, Greg Ltd lodged its annual return under former section 160ARE of the Income Tax Assessment Act 1936. The return stated that the company had a credit on its franking account and that no franking deficit tax was payable for the 1998-99 franking year. Under former section 160ARH of that Act, the Commissioner was taken to have made an assessment consistent with the return.
Following an audit undertaken after the repeal of Part IIIAA of that Act, the Commissioner concludes that Greg Ltd fraudulently overfranked dividends it paid during the 1998-99 franking year, and had a franking account deficit for that franking year. As a result, the Commissioner considers that franking deficit tax and a penalty by way of additional tax are payable.
The Commissioner can amend the assessment under former section 160ARN of that Act, because item 7 of this Schedule disregards the repeal of that section for the purposes of making an assessment in relation to the 1998-99 franking year. Item 7 will also disregard the repeal of Division 11 of former Part IIIAA to the extent necessary for the Commissioner to assess Greg Ltd's liability to a penalty by way of additional tax.
Despite the repeal of sections 160ARU and 160ARV, item 9 will ensure that the general interest charge will accrue on the unpaid franking deficit tax and penalty until they are paid.
Item 7 will also preserve Greg Ltd's right, under former section 160ART of that Act, to object against the Commissioner's amended assessment (including the penalty), since the objection is the exercise of a right in relation to a franking year that ended before the repeal of Part IIIAA.
Example 2: During the 1997-98 income year, Duffy Property Ltd withheld amounts from its employees' wages as required by former Divisions 1AAA and 2 of Part VI of the Income Tax Assessment Act 1936. The company failed to notify the Commissioner of those amounts, and failed to remit them to the Commissioner.
Following an audit undertaken after the repeal of those Divisions, the Commissioner discovers that the withheld amounts have not been remitted. The company's records are incomplete and the Commissioner is unable to completely ascertain the extent of its liability for the withheld amounts. Under section 222AGA of that Act, the Commissioner makes an estimate of the liability.
Item 7 will disregard the repeal of section 220AAZA of that Act (which empowered the Commissioner to recover the amount of the estimate). Even though the estimate is made after the repeal, it relates to amounts withheld before the repeal.
8 Saving of provisions about effect of assessments
If a provision or part of a provision that is repealed or amended by this Act deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
9 Saving of provisions about general interest charge, failure to notify penalty or late reconciliation statement penalty
If:
(a) a provision or part of a provision that is repealed or amended by this Act provides for the payment of:
(i) general interest charge, failure to notify penalty or late reconciliation statement penalty (all within the meaning of the Income Tax Assessment Act 1936); or
(ii) interest under the Taxation (Interest on Overpayments and Early Payments) Act 1983; and
(b) in a particular case, the period in respect of which the charge, penalty or interest is payable (whether under the provision or under the Taxation Administration Act 1953) has not begun, or has begun but not ended, when the provision is repealed or amended;
then, despite the repeal or amendment, the provision or part continues to apply in the particular case until the end of the period.
10 Repeals disregarded for the purposes of dependent provisions
If the operation of a provision (the subject provision) of any Act or legislative instrument (within the meaning of the Legislative Instruments Act 2003) made under any Act depends to any extent on an Act, or a provision of an Act, that is repealed by this Act, the repeal is disregarded so far as it affects the operation of the subject provision.
11 Schedule does not limit operation of section 8 of the Acts Interpretation Act 1901
This Schedule does not limit the operation of section 8 of the Acts Interpretation Act 1901.
Anti-Money Laundering and Counter-Terrorism Financing Amendment Act 2007 (No. 52, 2007)
Schedule 1
65 Judicial review of decisions made under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006
(1) The amendment of paragraph (qa) of Schedule 1 to the Administrative Decisions (Judicial Review) Act 1977 made by this Schedule applies in relation to a decision made before, at or after the commencement of this item.
(2) If, apart from this subitem, the prescribed period for the purposes of the application of paragraph 11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 to a decision made under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 before the commencement of this item would end before that commencement, that prescribed period is taken, for those purposes, to be the period:
(a) beginning on the day on which the decision was made; and
(b) ending on the 28th day after the day on which this item commences.
Tax Laws Amendment (2007 Measures No. 1) Act 2007 (No. 56, 2007)
Schedule 1
5 Application
The amendments made by this Schedule apply to disclosures of information made on or after the day on which this Act receives the Royal Assent (whenever the information was obtained).
Same-Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 (No. 144, 2008)
Schedule 2
3 Application
The amendment of the Administrative Decisions (Judicial Review) Act 1977 made by this Part applies in relation to decisions to which section 13 of that Act applies that are made on or after the commencement of this item.
Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010 (No. 4, 2010)
Schedule 1
211 Application
The amendment made by item 210 applies in relation to decisions made on or after the commencement of this item.
Indirect Tax Laws Amendment (Assessment) Act 2012 (No. 39, 2012)
The following provision commences on 1 July 2012:
Schedule 1
239 Application of amendments
(1) The amendments made by Divisions 1, 2 and 3 of this Part apply in relation to payments and refunds that relate to tax periods, and fuel tax return periods, starting on or after 1 July 2012.
(2) The amendments made by Divisions 1, 2 and 3 of this Part also apply in relation to payments and refunds that:
(a) do not relate to any tax periods or fuel tax return periods; and
(b) relate to liabilities or entitlements that arose on or after 1 July 2012.