Commonwealth Numbered Regulations

1987 No. 23 ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) - REG 2

2. After regulation 18 of the Administrative Appeals Tribunal Regulations the
following regulations are inserted: Prescribed fees

"19. (1) Subject to subregulation (3), a fee of $200 is payable on the lodging
with the Tribunal of an application for a review of a decision, other than a
prescribed decision.

"(2) In this regulation, 'prescribed decision' means:

   (a)  a decision under the Compensation (Commonwealth Government Employees)
        Act 1971, the First Home Owners Act 1983, the
        Home Deposit Assistance Act  1982 , the Homes Savings Grant Act 1976,
        the Papua New Guinea (Staffing  Assistance) Act 1973 , the Seamen's
        War Pensions and Allowances Act 1940, the Social Security Act 1947,
        the Student Assistance Act 1973, or the Veterans'  Entitlements Act
        1986 ;

   (b)  a determination under section 58B of the Defence Act 1903;

   (c)  a decision of the Defence Force Retirement and Death Benefits
        Authority reviewable under section 99 of the Defence Force Retirement
        and Death Benefits Act 1973;

   (d)  a decision under the Land Rent and Rates (Deferment and Remission)
        Ordinance 1970;

   (e)  a decision under the Papua New Guinea Staffing Assistance
        (Superannuation) Regulations;

   (f)  a reviewable decision under section 154 of the Superannuation Act
        1976; and

   (g)  a decision reviewable under section 55 of the Freedom of Information
        Act 1982, being a decision made in relation to a document that relates
        to a decision referred to in paragraphs (a), (b), (c), (d), (e) or
        (f).

"(3) Subregulation (1) does not apply to a referral of a decision (being a
referral that is deemed by an enactment to constitute an application to the
Tribunal for review of the decision) where a fee is payable under a provision
of that or another enactment on the lodgment of a request to refer the
decision to the Tribunal. Refund of prescribed fees

"20. Where:

   (a)  the prescribed fee under regulation 19 has been paid for the lodging
        with the Tribunal of an application for a review of a decision; and

   (b)  the proceeding terminates in a manner favourable to the applicant; the
        prescribed fee shall be refunded in whole to the applicant.".