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ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) AMENDMENT ACT 1980 No. 111 of 1980 - SCHEDULE
SCHEDULE Section
10
SCHEDULES TO BE ADDED AT THE END OF THE PRINCIPAL ACT
SCHEDULE 1 Section
3
CLASSES OF DECISIONS THAT ARE NOT DECISIONS TO
WHICH THIS ACT APPLIES
(a) decisions under the Conciliation and Arbitration Act 1904, other than
decisions of the Director of the Industrial Relations Bureau made on
behalf of the Bureau;
(b) decisions under the Public Service Arbitration Act 1920;
(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 Organization Act 1956
Australian Security Intelligence Organization Act 1979
Telecommunications (Interception) Act 1979
Telephonic Communications (Interception) Act 1960;
(e) decisions making, or forming part of the process of making, or leading
up to the making of, assessments or calculations of tax or duty, or
decisions disallowing objections to assessments or calculations of tax
or duty, or decisions amending, or refusing to amend, assessments or
calculations of tax or duty, under any of the following Acts:
Australian Capital Territory Taxation (Administration) Act 1969
Coal Excise Act 1949
Customs Act 1901
Customs Tariff Act 1966
Estate Duty Assessment Act 1914
Excise Act 1901
Gift Duty Assessment Act 1941
Income Tax Assessment Act 1936
Pay-roll Tax Assessment Act 1941
Pay-roll Tax (Territories) Assessment Act 1971
Sales Tax Assessment Act (No. 1) 1930
Sales Tax Assessment Act (No. 2) 1930
Sales Tax Assessment Act (No. 3) 1930
Sales Tax Assessment Act (No. 4) 1930
Sales Tax Assessment Act (No. 5) 1930
Sales Tax Assessment Act (No. 6) 1930
Sales Tax Assessment Act (No. 7) 1930
Sales Tax Assessment Act (No. 8) 1930
Sales Tax Assessment Act (No. 9) 1930
States Receipts Duties (Administration) Act 1970
Wool Tax (Administration) Act 1964;
(f) decisions of Taxation Boards of Review;
(g) decisions under Part IV of the Taxation Administration Act 1953;
(h) decisions under the Foreign Takeovers Act 1975;
(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;
(k) decisions under regulations 7, 11 or 12 of the Passport Regulations,
other than decisions relating to Australian passports;
(l) decisions of the National Labour Consultative Council;
(m) decisions of the National Companies and Securities Commission made in
the performance of a function, or the exercise of a power, conferred,
or expressed to be conferred, upon it by any State Act or a law of the
Northern Territory;
(n) decisions of the Ministerial Council for Companies and Securities
established by Part VII of the agreement between the Commonwealth and
the States a copy of which is set out in the Schedule to the
National Companies and Securities Commission Act 1979 ;
(o) decisions under naval law, military law or air force law, being-
(i) decisions in connection with charges (including decisions made
in the course of the investigation of charges and decisions to
lay charges);
(ii) decisions in connection with the taking of summaries of
evidence;
(iii) decisions in connection with the convening or ordering of
courts- martial;
(iv) decisions in connection with the conduct of proceedings before
commanding officers or other officers or courts-martial
(including decisions making findings);
(v) decisions in connection with the awarding of sentences or
punishments;
(vi) decisions in connection with the confirmation or review of
findings or sentences; or
(vii) decisions in connection with the remission, commutation or
substitution of sentences or punishments.
SCHEDULE 2 Section
13
CLASSES OF DECISIONS THAT ARE NOT DECISIONS TO WHICH
SECTION 13 APPLIES
(a) decisions in connection with, or made in the course of, redress of
grievances, or redress of wrongs, with respect to members of the
Defence Force;
(b) decisions in connection with personnel management (including
recruitment, training, promotion and organization) with respect to the
Defence Force, including decisions relating to particular persons;
(c) decisions under any of the following Acts:
Consular Privileges and Immunities Act 1972
Diplomatic Privileges and Immunities Act 1967
Extradition (Commonwealth Countries) Act 1966
Extradition (Foreign States) Act 1966
International Organizations (Privileges and Immunities) Act 1963;
(d) decisions under the Migration Act 1958, being-
(i) decisions under section 6, other than-
(A) a decision relating to a person who, at the time of the
decision, was a person in respect of whom there was in
force a visa or return endorsement under that Act; or
(B) a decision relating to a person who, having entered
Australia within the meaning of that Act, was in
Australia at the time of the decision;
(ii) decisions in connection with the issue or cancellation of
visas;
(iii) decisions under section 8 relating to whether a person has
diplomatic or consular status; or
(iv) decisions relating to a person who, having entered Australia,
within the meaning of that Act, as a diplomatic or consular
representative of another country, a member of the staff of
such a representative or the spouse or a dependent relative of
such a representative, was in Australia at the time of the
decision;
(e) decisions relating to the administration of criminal justice, and, in
particular-
(i) decisions in connection with the investigation or prosecution
of persons for any offences against a law of the Commonwealth
or of a Territory;
(ii) decisions in connection with the appointment of investigators
or inspectors for the purposes of such investigations;
(iii) decisions in connection with the issue of search warrants under
a law of the Commonwealth or of a Territory;
(iv) decisions in connection with the issue of Writs of Assistance,
or Customs Warrants, under the Customs Act 1901; and
(v) decisions under a law of the Commonwealth or of a Territory
requiring the production of documents, the giving of
information or the summoning of persons as witnesses;
(f) decisions in connection with the institution or conduct of proceedings
in a civil court, including decisions that relate to, or may result
in, the bringing of such proceedings for the recovery of pecuniary
penalties arising from contraventions of enactments, and, in
particular-
(i) decisions in connection with the investigation of persons for
such contraventions;
(ii) decisions in connection with the appointment of investigators
or inspectors for the purposes of such investigations;
(iii) decisions in connection with the issue of search warrants,
Writs of Assistance or Customs Warrants under enactments; and
(iv) decisions under enactments requiring the production of
documents, the giving of information or the summoning of
persons as witnesses;
(g) decisions of the Minister for Finance to issue sums out of the
Consolidated Revenue Fund under an Act to appropriate moneys out of
that Fund for the service of, or for expenditure in respect of, any
year;
(h) decisions under section 32 or 36A of the Audit Act 1901;
(i) decisions of the Commonwealth Grants Commission relating to the
allocation of funds;
(j) decisions of any of the following Tribunals:
Academic Salaries Tribunal
Federal Police Arbitral Tribunal
Remuneration Tribunal;
(k) decisions of any of the following authorities in respect of their
commercial activities:
Australian Canned Fruits Corporation
Australian Dairy Corporation
Australian Egg Board
Australian Honey Board
Australian Industry Development Corporation
Australian Meat and Livestock Corporation
Australian National Airlines Commission
Australian National Railways Commission
Australian Shipping Commission
Australian Wheat Board
Australian Wool Corporation
Canberra Commercial Development Authority
Christmas Island Phosphate Commission
Commonwealth Banking Corporation
Commonwealth Development Bank of Australia
Commonwealth Savings Bank of Australia
Commonwealth Serum Laboratories Commission
Commonwealth Trading Bank of Australia
Health Insurance Commission
Housing Loans Insurance Corporation;
(l) decisions of the Reserve Bank in connection with its banking
operations (including individual open market operations and foreign
exchange dealings);
(m) decisions in connection with the enforcement of judgments or orders
for the recovery of moneys by the Commonwealth or by an officer of the
Commonwealth;
(n) decisions of Distribution Commissioners under the
Commonwealth Electoral Act 1918 ;
(o) decisions of the National Director of the Commonwealth Employment
Service made on behalf of that Service to refer, or not to refer,
particular clients to particular employers;
(p) decisions under the Air Navigation Act 1920 that-
(i) relate to aircraft design, the construction or maintenance of
aircraft or the safe operation of aircraft or otherwise relate
to aviation safety; and
(ii) arise out of findings on material questions of fact based on
evidence, or other material-
(A) that was supplied in confidence; or
(B) the publication of which would reveal information that is
a trade secret;
(q) decisions in connection with personnel management (including
recruitment, training, promotion and organization) with respect to the
Australian Public Service or any other Service established by an
enactment or the staff of a Commonwealth authority, other than a
decision relating to, and having regard to the particular
characteristics of, or other circumstances relating to, a particular
person;
(r) decisions made before the expiration of a period of 12 months, or such
longer period as is prescribed, commencing on the date of commencement
of this Act that relate to promotions, transfers (being transfers that
are subject to appeal) or appeals against promotions or transfers, of
individual members of the Australian Public Service or of any other
Service established by an enactment or of the staff of a Commonwealth
authority;
(s) decisions relating to promotions in accordance with section 53B or 53C
of the Public Service Act 1922;
(t) decisions relating to-
(i) the making of appointments in the Australian Public Service or
any other service established by an enactment or to the staff
of a Commonwealth authority;
(ii) the engagement of persons as employees under the Public Service
Act 1922 or under any other enactment that establishes a
Service or by a Commonwealth authority; or
(iii) the making of appointments under an enactment or to an office
established by, or under, an enactment;
(u) decisions in connection with the prevention or settlement of
industrial disputes, or other- wise relating to industrial matters, in
respect of the Australian Public Service or any other Service
established by an enactment or the staff of a Commonwealth authority.
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