ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 NO. 348 

ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 NO. 348 
- TABLE OF PROVISIONS

1.  Amendment  
2.  Regulation 3 (Interpretation)  
3.  Regulation 5 (Application for review)  
4.  Regulation 9 (Lodging or filing of documents with Registrar)  
5.  Regulation 11 (Lodging of material documents with Tribunal)  
6.  Regulation 17 (Hours of Registrar's office)  
7.  Regulation 20 (Review by Tribunal)  
8.  Schedule 1  
9.  Schedule 3  
SCHEDULE 1 


ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 No. 348
- REG 1
1. Amendment


  1.1 The Administrative Appeals Tribunal Regulations are amended as 
set out in these Regulations.
[NOTE: These Regulations commence on gazettal: see Acts Interpretation 
Act 1901, s 48.]


ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 No. 348
- REG 2
2. Regulation 3 (Interpretation)


  2.1 Subregulation 3 (2):
Omit the subregulation, substitute:
  "(2) A District Registrar and a Deputy Registrar:
  (a) have all the powers and duties conferred on the Registrar under 
these Regulations; and
  (b) may perform all the functions that the Registrar may perform 
under these Regulations.".


ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 No. 348
- REG 3
3. Regulation 5 (Application for review)


  3.1 Subregulation 5 (4):
Omit "shall", substitute "may".

  3.2 Subregulation 5 (6):
After "37 (1A)", insert "of the Act".


ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 No. 348
- REG 4
4. Regulation 9 (Lodging or filing of documents with Registrar)


  4.1 Subregulation 9 (3):
After "transmission", insert "or electronic mail".


ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 No. 348
- REG 5
5. Regulation 11 (Lodging of material documents with Tribunal)


  5.1 Omit the regulation.


ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 No. 348
- REG 6
6. Regulation 17 (Hours of Registrar's office)


  6.1 Omit the regulation.


ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 No. 348
- REG 7
7. Regulation 20 (Review by Tribunal)


  7.1 Subregulation 20 (1):
Omit the subregulation, substitute:
  "(1) A person may apply to the Tribunal for a review of a decision by 
the Registrar, a District Registrar or a Deputy Registrar:
  (a) under subregulation 19 (5) or subregulation 19AA (5), not to 
order that only 1 fee is payable; and
  (b) under paragraph 19 (6) (c) or paragraph 19AA (6) (c), not to 
waive payment of a fee.".


ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 No. 348
- REG 8
8. Schedule 1


  8.1 Forms 1, 2, 3, 4, 5, 5A, 6 and 6A:
Omit the Forms, substitute Forms 1, 2, 3, 4, 5, 5A, 6 and 6A as set out 
in the Schedule.

  8.2 Form 7:
Omit "Member/Registrar/Deputy Registrar", substitute 
"Member/Registrar/District Registrar/Deputy Registrar".
[NOTE: The note in Form 7 should be replaced by the following note:
  "[NOTE: A person summoned to appear as a witness before the Tribunal 
is entitled to be paid fees, and allowances for expenses, for 
attendance before the Tribunal.  The Tribunal determines the amount of 
payment according to Schedule 2 of the Regulations (see section 67 of 
the Act).]".]

  8.3 Form 8:
Omit "Member/Registrar/Deputy Registrar", substitute 
"Member/Registrar/District Registrar/Deputy Registrar".
[NOTE:  The note in Form 8 should be replaced by the following note:
  "[NOTE: A person summoned to appear as a witness before the Tribunal 
is entitled to be paid fees, and allowances for expenses, for 
attendance before the Tribunal.  The Tribunal determines the amount of 
payment according to Schedule 2 of the Regulations (see section 67 of 
the Act).]".]

  8.4 Form 9:
Omit "Member/Registrar/Deputy Registrar", substitute 
"Member/Registrar/District Registrar/Deputy Registrar".
[NOTE: The note in Form 9 should be replaced by the following note:
  "[NOTE: Instead of attending at the hearing to produce the books, 
documents or things, you may produce them to a member of the staff of 
the Tribunal at the place of the hearing not later than 4.00 pm on the 
day before the day mentioned above.  If it is difficult for you to get 
to the Tribunal before 4.00 pm on that day, you should contact the 
registry of the Tribunal to make other delivery arrangements.]".]


ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 No. 348
- REG 9
9. Schedule 3


  9.1 Item 11:
Omit "Student Assistance Act 1973", substitute "Student and Youth 
Assistance Act 1973".


ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 No. 348
- SCHEDULE 1


                              SCHEDULE
               SCHEDULE 1-FORMS 1, 2, 3, 4, 5, 5A, 6 and 6A
                                FORM 1          Subregulation 5 (1)
Administrative Appeals Tribunal
or
Small Taxation Claims Tribunal
APPLICATION FOR REVIEW OF DECISION
Applicant

Full name
Title:   Mr  ¨   Ms  ¨   Mrs  ¨   Miss  ¨ Other.......

Family name (surname):

Given names:


Gender
Male       ¨  
Female   ¨
      Date of birth

Telephone
        (business)
(   )
      Telephone
           (home)
(   )


Your address
Postcode


The name, address and telephone number of your representative (if you 
have one)



Interpreter
Do you require the assistance of an interpreter?     

Yes  ¨           No   ¨

If yes, for which language?

Disability
If you have a disability and need assistance, please indicate:

Visual  ¨                Hearing  ¨           Wheel chair user  ¨

Other, please specify................................

Decision
You do not have to answer this question if you can attach a copy of the 
decision. If you do not have a copy, please describe the decision 
briefly:
Date of decision
    Decision reference
Date you received notice 
of the decision
Who made the decision, if known
Department or other body:
Address:
Reasons for application
What are your reasons for seeking review of this decision? 
Tax matters
Please state the amount of tax in dispute (only answer this question if 
you want a tax decision reviewed). 
$
Signature
                      Date
                              FORM 2              Subregulation 5 (2)
Administrative Appeals Tribunal
APPLICATION FOR EXTENSION OF TIME FOR LODGING APPLICATION FOR REVIEW OF 
DECISION

NOTE:  Subsection 29 (7) of the Act provides that the Tribunal may 
extend the time for the making of an application for review of a 
decision. 

I apply for an extension of time for lodging an application for review 
of the decision described in item 2.


1. Applicant
Mr/Mrs/Ms/Miss/Other
(full name)
Family name (surname)
Given name(s)
Telephone
Business (   )         Home: (   )
Your
address
Postcode
The name, address and telephone number of your representative (if 
you have one)
Postcode
2. Decision
Attach a copy, if possible, or describe decision briefly.
Date of decision
Decision reference
(if copy of decision not attached)
(if copy of decision not attached)

Date decision 
received
Who made the 
Department
decision, if you
or other body:
know (if copy of decision is not attached)
Address: 
Postcode
3. To what date 
are you seeking
an extension of
time
4. Reasons for application
Outline your reasons for applying for an extension of time for lodging 
your application for review of the decision
Signature
   Date
                          FORM 3          Subregulation 5 (4)
Administrative Appeals Tribunal
NOTICE OF OPPOSING APPLICATION FOR EXTENSION OF TIME FOR LODGING 
APPLICATION FOR REVIEW OF DECISION

NOTE:  Subsection 29 (10) of the Act and subregulation 5 (4) provide 
that a person who wishes to oppose an application for extension of time 
for review of an application may do so in accordance with this form.

The person described in item 1 opposes the application made by the 
person described in item 4 to extend the time for lodging an 
application for review of the decision made by the person described in 
item 5.
1. Person giving
Mr/Mrs/Ms/Miss/Other
notice of opposition
Family name (surname)
(full name)
Given name(s)
Telephone
Business: (   )         Home: (   )
Your address
Postcode
The name, address and telephone number of your representative (if you 
have one)
Postcode
2. Grounds for
opposition to
application
3. Names of the
parties to the
proceeding
4. Name of
Mr/Mrs/Ms/Miss/Other
applicant
Family name (surname)
Given name(s)
Date of

application
5. Who made the decision
Department
or other body:
Address:
Postcode:
Date of decision
Signature
Date

                       FORM 4       Subregulations 5 (5) and (6)
Administrative Appeals Tribunal
NOTICE OR AMENDED NOTICE OF APPLICATION FOR REVIEW OF DECISION

NOTE:  Subsection 29 (11) of the Act provides that notice of an 
application for a review of a decision is to be served on the person 
who made the decision.

File No.

Between:

Applicant


and:

Respondent


To:

The applicant has applied under subsection 29 (1) of the Administrative 
Appeals Tribunal Act 1975 ("the Act") for a review by the 
Administrative Appeals Tribunal of your decision referred to in the 
attached copy of the application.

You are a party to the proceeding before the Tribunal and you will be 
notified of the date and place of the hearing.

YOU ARE REQUIRED to lodge with the Tribunal 2 copies of:
  (a) a statement setting out the findings on material questions of 
fact, referring to the evidence or other material on which those 
findings were based and giving the reasons for the decision; and
FORM 4-continued

  (b) every other document or part of a document that is in your 
possession or under your control and is considered by you to be 
relevant to the review of the decision by the Tribunal.
YOU ARE REQUIRED to lodge the copies with the Tribunal:
        *    within 28 days after receiving this notice
        *    within   days after receiving this notice
        *    within   days after receiving the notice which this     
        notice amends.
YOU ARE REQUIRED to give copies of the statement and documents within 
that period to each other party to the proceeding.


Registrar/District Registrar/ Deputy Registrar

Date:
                                                

*    Delete where inapplicable
     Insert the number of days in the period specified in an order made 
by the Tribunal under subsection 37 (1A) of the Act in the proceeding.
                              FORM 5              Subregulation 6 (1)
Administrative Appeals Tribunal
APPLICATION TO BE MADE A PARTY TO A PROCEEDING

NOTE:  Subsection 30 (1A) of the Act provides that if an application 
has been made by a person for review of a decision, any other person 
whose interests are affected by the decision may apply to be made a 
party to the proceeding.

I apply to be made a party to the proceeding between the parties 
described in item 1.
1. Names of the parties to the
proceeding
2. Tribunal's file number 
(if known)
3. Name of
Mr/Mrs/Ms/Miss/Other
applicant
Family name (surname)
(full name)
Given name(s)
Telephone
Business: (   )         Home: (   )
Your
address
Postcode:
The name, address and telephone number of your representative (if you 
have one)
Postcode
4. How does the
Outline the reasons why you should be made a party to 
decision affect
the proceeding
your interests
Signature
Date
                             FORM 5A               Regulation 7
Administrative Appeals Tribunal
REQUEST FOR ORDER TO SHORTEN TIME FOR LODGING COPIES OF DOCUMENTS

NOTE:  Subsection 37 (1A) of the Act provides that if a party to a 
proceeding might suffer hardship, the party may seek an order to 
shorten the time for lodging copies of documents.

I apply for an order directing that the copies of documents about the 
decision described in item 2 be lodged by the decision maker within a 
period of less than 28 days after the decision maker receives or 
received the application for review of the decision.
1. Applicant
Mr/Mrs/Ms/Miss/Other
making the
Family name (surname)
request
(full name)
Given name(s)
Telephone
Business:  (   )         Home: (   )
Your
address
Postcode
The name, address and telephone number of your representative (if you 
have one)
Postcode
2. Decision
Attach a copy, if possible, or describe decision briefly.
Who made the 
Department
decision, if you
or other body:
know (if copy of decision not attached)
Address:
Postcode
3. Reasons for the  request
Outline the hardship you would or might suffer if the time to lodge the 
documents is not shortened.
Signature
Date
                          FORM 6                    Regulation 7A
Administrative Appeals Tribunal
REQUEST FOR ORDER ABOUT THE OPERATION OR IMPLEMENTATION OF A DECISION

NOTE:  Subsection 41 (2) of the Act provides that the interests of a 
person who may be affected by a review may seek an order about the 
operation or implementation of the decision.

I am a party to the proceeding described in item 2 that relates to the 
decision described in item 3.
I apply for an order about the operation or implementation of that 
decision.
1. Applicant
Mr/Mrs/Ms/Miss/Other
making the
Family name (surname)
request
(full name)
Given name(s)

Telephone
Business: (   )         Home: (   )
Your
address
Postcode
The name, address and telephone number of your representative (if you 
have one)
Postcode
2. Names of the
parties to the
proceeding
3. Decision
Attach a copy, if possible, or describe decision briefly.
Who made the 
Department
decision, if you
or other body:
know (if copy of decision not attached)
Address:
Postcode
4. Order sought
Describe what order you want to be made.
5. Grounds for request
Signature
Date
                          FORM 6A                      Regulation 7B
Administrative Appeals Tribunal
REQUEST FOR ORDER VARYING OR REVOKING AN ORDER ABOUT THE OPERATION OR 
IMPLEMENTATION OF A DECISION

NOTE:  Subsection 41 (3) of the Act provides that if an order is in 
force under subsection 41 (2) of the Act, a party to a proceeding may 
request an order varying or revoking the order about the operation or 
implementation of the decision.

I am a party to the proceeding described in item 2 that relates to the 
decision described in item 3, which is subject to the order referred to 
in item 4 (as varied by the order or orders referred to in item 5).
I apply for an order varying or revoking the order referred to in item 
4.
1. Applicant
Mr/Mrs/Ms/Miss/Other
making the request
Family name (surname)
(full name)
Given name(s)
Telephone
Business:  (   )         Home: (   )
 Your address
Postcode
The name, address and telephone number of your representative (if you 
have one)
Postcode
2. Names of the
parties to the
proceeding
3. Decision
Attach a copy, if possible, or describe decision briefly.
Who made the 
Department
decision
or other body:
(if copy of decision not attached)
Address:
Postcode
4. Date of the
order about
the decision
5. Date of any
previous order
about the
decision
6. Grounds for
request
Signature
Date


ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 No. 348
- NOTE 1


NOTES
*1* Notified in the Commonwealth of Australia Gazette on 15 December 
1997.


ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1997 No. 348
- NOTE 2


*2* Statutory Rules 1976 No. 141 as amended by 1977 No. 146; 1979 No. 
274; 1984 No. 383; 1986 Nos. 168 and 232; 1987 Nos. 23 and 181; 1988 
No. 25; 1989 No. 157; 1990 No. 284; 1991 Nos. 233 and 450 (disallowed 
by the Senate on 3 March 1992); 1992 No. 235; 1993 Nos. 64, 276 and 
326; 1995 Nos. 343 and 421; 1996 No. 187; 1997 No. 156.


- NOTES


ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS*2* (AMENDMENT) 1997 No.  
348*1*
- Dated 8 December 1997