Commonwealth Numbered Regulations

1993 No. 326 ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) - REG 3

3.1 After regulation 5B, insert: Application of the Act to certain decisions
of the Australian Securities Commission

"5C. (1) In this regulation, unless the contrary intention appears:

"relevant decision" means a decision to which section 1317B of the
Corporations Law applies that was made by the Australian Securities Commission
on or after 11 December 1993;

"the Commission" is taken to include a reference to a delegate of the
Commission.

"(2) For the purposes of paragraph 27A (2) (e) of the Act, it is declared that
subsection 27A (1) of the Act does not apply to a relevant decision.

"(3) Subject to subregulation (5), the Commission must take steps that are
reasonable in the circumstances to give notice, in accordance with
subregulation (4), to each person whose interests are affected by a relevant
decision.

"(4) The notice may be in writing or otherwise, and must tell the person to
whom it is given:

   (a)  of the making of the relevant decision; and

   (b)  of the right of the person to have that decision reviewed under
        section 1317B of the Corporations Law.

"(5) The Commission need not give notice to a person if the Commission
considers that it is not reasonably practicable to do so, having regard to:

   (a)  the cost of giving the notice; and

   (b)  the manner in which the person's interests are affected by the
        relevant decision.

"(6) Failure by the Commission to comply with subregulation (3) in relation to
a decision does not affect the validity of the relevant decision.

"(7) In exercising its powers under subsection 29 (6) of the Act in relation
to a relevant decision, the Tribunal must have regard to any absence of notice
of that decision to the applicant for review.".