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ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 - SCHEDULE 1

Classes of decisions that are not decisions to which this Act applies

Section 3

   

   

             (a)  decisions under the Fair Work Act 2009 , the Fair Work (Registered Organisations) Act 2009 , the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 , the Workplace Relations Act 1996 , the Building and Construction Industry Improvement Act 2005 or the Fair Work (Building Industry) Act 2012 ;

             (b)  the following decisions under the Australian Charities and Not-for-profits Commission Act 2012 :

                      (i)  administrative decisions (within the meaning of that Act);

                     (ii)  objection decisions (within the meaning of that Act);

                    (iii)  extension of time refusal decisions (within the meaning of that Act);

             (c)  decisions under the Coal Industry Act 1946 , other than decisions of the Joint Coal Board;

             (d)  decisions under any of the following Acts:

Australian Security Intelligence Organisation Act 1956

Intelligence Services Act 2001

Australian Security Intelligence Organisation Act 1979

Inspector-General of Intelligence and Security Act 1986

Telecommunications (Interception and Access) Act 1979

Telephonic Communications (Interception) Act 1960 ;

         (daa)  decisions of the Attorney-General under section 58A, or subsection 581(3), of the Telecommunications Act 1997 ;

       (daaa)  decisions of the Attorney-General under clause 57A or 72A of Schedule 3A to the Telecommunications Act 1997 ;

         (dab)  decisions of the Attorney-General under section 104.2 of the Criminal Code ;

         (dac)  decisions under Division 105 of the Criminal Code ;

           (da)  a privative clause decision within the meaning of subsection 474(2) of the Migration Act 1958 ;

           (db)  a purported privative clause decision within the meaning of section 5E of the Migration Act 1958 ;

           (dc)  decisions under section 22A or 24A of the Australian Passports Act 2005;

           (dd)  decisions under section 15A or 16A of the Foreign Passports (Law Enforcement and Security) Act 2005;

             (e)  decisions making, or forming part of the process of making, or leading up to the making of, assessments or calculations of tax, charge or duty, or decisions disallowing objections to assessments or calculations of tax, charge or duty, or decisions amending, or refusing to amend, assessments or calculations of tax, charge or duty, under any of the following Acts:

A New Tax System (Goods and Services Tax) Act 1999

A New Tax System (Luxury Car Tax) Act 1999

A New Tax System (Wine Equalisation Tax) Act 1999

Customs Act 1901

Customs Tariff Act 1995

Excise Act 1901

Fringe Benefits Tax Assessment Act 1986

Fuel Tax Act 2006

Income Tax Assessment Act 1936

Income Tax Assessment Act 1997

Petroleum Resource Rent Tax Assessment Act 1987

Superannuation Guarantee (Administration) Act 1992

Taxation Administration Act 1953 , but only so far as the decisions are made under Part 2-35, 3-10 , 3-30 or 4-1 in Schedule 1 to that Act

Training Guarantee (Administration) Act 1990

Trust Recoupment Tax Assessment Act 1985 ;

           (ga)  decisions under section 14ZY of the Taxation Administration Act 1953 disallowing objections to assessments or calculations of tax, charge or duty;

         (gaa)  decisions of the Commissioner of Taxation under Subdivision 268-B or section 268-35 in Schedule 1 to the Taxation Administration Act 1953 ;

Note:          Subdivision 268-B and section 268-35 empower the Commissioner to make, reduce and revoke estimates of certain liabilities.

         (gab)  decisions of the Commissioner of Taxation under Sub division 136-A in Schedule 1 to the Taxation Administration Act 1953 ;

           (gb)  decisions making, or forming part of the process of making, or leading up to the making of, assessments under Division 2 of Part 5 of the Renewable Energy (Electricity) Act 2000 or decisions disallowing objections to such assessments or decisions amending or refusing to amend such assessments;

             (h)  decisions under the Foreign Acquisitions and Takeovers Act 1975 ;

           (ha)  decisions of the Minister under Division 1 of Part 7.4 of the Corporations Act 2001 ;

           (hb)  decisions of the SEGC under Part 7.5 of the Corporations Act 2001 ;

           (hc)  decisions under Division 3 of Part VC of the Insurance Act 1973 , except so far as they relate to either of the following matters:

                      (i)  whether persons are covered by determinations under section 62ZZ of that Act;

                     (ii)  determinations under subsection 62ZZJ(2) of that Act;

           (hd)  decisions under Subdivision C of Division 2AA of Part II of the Banking Act 1959 , except so far as they relate to whether account-holders have protected accounts with ADIs;

           (he)  decisions under Part 2 of the Financial Framework (Supplementary Powers) Act 1997 ;

           (hf)  decisions under the following provisions of the Public Governance, Performance and Accountability Act 2013 :

                      (i)  section 15;

                     (ii)  section 23;

                    (iii)  section 85;

              (j)  decisions, or decisions included in a class of decisions, under the Banking (Foreign Exchange) Regulations in respect of which the Treasurer has certified, by instrument in writing, that the decision or any decision included in the class, as the case may be, is a decision giving effect to the foreign investment policy of the Commonwealth Government;

              (l)  decisions of the National Workplace Relations Consultative Council;

             (o)  decisions under the Defence Force Discipline Act 1982 ;

             (p)  decisions under section 42 of the Customs Act 1901 to require and take securities in respect of duty that may be payable under the Customs Tariff (Anti-Dumping) Act 1975 ;

           (pa)  decisions under section 75D, 75F or 75H of the Maritime Powers Act 2013 ;

             (q)  decisions under subsection 25(1) or Part IIIA of the Commonwealth Electoral Act 1918 ;

           (qa)  decisions under section 176 or 248 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ;

             (r)  decisions under the Extradition Act 1988 ;

             (s)  determinations made by the Child Support Registrar under Part 6A of the Child Support (Assessment) Act 1989 ;

              (t)  decisions under an enactment of Qantas Airways Limited or a company that is a subsidiary of that company;

             (u)  decisions of Snowy Mountains Engineering Corporation Limited or a body corporate that is a subsidiary of that body corporate;

             (v)  decisions of CSL Limited or a company that is a subsidiary of that company;

           (va)  decisions of Telstra Corporation Limited or a company that is a subsidiary of that company;

            (w)  decisions under the Witness Protection Act 1994 ;

          (wa)  decisions under section 34B or 34D of the Australian Crime Commission Act 2002 ;

             (x)  decisions under subsection 60A(2B) of the Australian Federal Police Act 1979 ;

           (xa)  decisions to prosecute persons for any offence against a law of the Commonwealth, a State or a Territory;

Note:          An application under this Act in relation to other criminal justice process decisions cannot be heard or determined in certain circumstances: see section 9A.

           (xb)  decisions of the Attorney-General under Part II or III of the Transfer of Prisoners Act 1983 refusing applications or requests, or refusing to give consent, on the ground that, or on grounds that include the ground that, refusal is necessary in the interests of security (within the meaning of that Act);

           (xc)  decisions of the Attorney-General under Part IV of the Transfer of Prisoners Act 1983 ;

             (y)  decisions of the Administrative Appeals Tribunal (other than decisions made on review of decisions of the Australian Archives) made on a review that is required by the Administrative Appeals Tribunal Act 1975 to be conducted by the Security Division of that Tribunal;

           (ya)  decisions of a proceeds of crime authority or an approved examiner under Part 3-1 of the Proceeds of Crime Act 2002 ;

           (yb)  decisions of a proceeds of crime authority to apply for an order under the Proceeds of Crime Act 2002 ;

           (yc)  decisions of a proceeds of crime authority to transfer to another proceeds of crime authority responsibility for an application for a principal order, or a principal order, under section 315B of the Proceeds of Crime Act 2002 ;

           (za)  decisions under Part VIIIB of the Judiciary Act 1903 (which relates to the Australian Government Solicitor);

           (zb)  decisions of Snowy Hydro Limited or a body corporate that is a subsidiary of Snowy Hydro Limited;

           (zd)  the following decisions under the Family Law Act 1975 :

                      (i)  decisions of the Chief Justice or the Deputy Chief Justice in the exercise of, or in assisting in the exercise of, the functions or powers mentioned in subsection 21B(1A) of that Act;

                     (ii)  decisions of the Chief Justice or the Attorney-General whether to consent as mentioned in paragraph 22(2AAA)(a) of that Act;

           (ze)  the following decisions under the Federal Court of Australia Act 1976 :

                      (i)  decisions of the Chief Justice in the exercise of the functions or powers mentioned in subsection 15(1AA) of that Act;

                     (ii)  decisions of the Chief Justice or the Attorney-General whether to consent as mentioned in paragraph 6(3)(a) of that Act;

           (zf)  decisions of the Chief Judge of the Federal Circuit Court in the exercise of the functions or powers mentioned in subsection 12(3) or (4) of the Federal Circuit Court of Australia Act 1999 .



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