Commonwealth Numbered Regulations

1989 No. 188 A.C.T. SELF-GOVERNMENT (CONSEQUENTIAL PROVISIONS) REGULATIONS (AMENDMENT) - REG 3

3. (1) Schedule 1 to the Principal Regulations is amended by inserting in
their appropriate alphabetical position (determined on a letter-by-letter
basis according to the citation of the legislation to be modified) the
following:
Administrative Appeals Tribunal Act 1975 After section 36A:
Insert the following section: Interpretation of sections 36B, 36C and 36D
"36AA. In sections 36B, 36C and 36D, unless the contrary intention appears:
'Attorney-General' includes the Minister administering the Administrative
Appeals Tribunal Act 1989 of the Australian Capital Territory;
'Cabinet' includes the Australian Capital Territory Executive;
'State' includes the Australian Capital Territory.".
Freedom of Information Act 1982 After section 16:
Insert the following section: Requests transferred from the ACT "16A. Where a
request under the Freedom of Information Act 1989 of the Australian Capital
Territory is transferred to an agency in accordance with section 33 of that
Act, it becomes a request under this Act at the time at which it is received
by the agency.".

(2) Schedule 1 to the Principal Regulations is amended by inserting in the
modifications of the Australian Capital Territory Supreme Court Act 1933 in
their appropriate numerical position (determined according to the number of
the provision to be modified) the following: Subsection 8 (1): Insert ",
8AABA" after "8AA". Section 8AC: Insert ", 8AABA" after "8AA". After section
8AA: Insert the following section: Exercise of jurisdiction under subsections
46 (4) and 48 (2) of the Administrative Appeals Tribunal Act 1989 of the
Australian Capital Territory

"8AABA. (1) The jurisdiction conferred by subsection 46 (4) of the
Administrative Appeals Tribunal Act 1989 of the Australian Capital Territory:

   (a)  may be exercised by the Court constituted by not less than 3 Judges;

   (b)  shall be so exercised if:

        (i)    the Tribunal's decision was given by the Tribunal constituted
               by a member who was, or by members at least one of whom was, a
               presidential member other than a judge; and

        (ii)   after consulting the President, the Chief Justice considers
               that it is appropriate for the appeal from the decision to be
               heard and determined by the Court constituted by not less than
               3 Judges; and

   (c)  shall be so exercised if the Tribunal's decision was given by the
        Tribunal constituted by a member who was, or by members at least one
        of whom was, a Judge.

"(2) The jurisdiction conferred by subsection 48 (2) of the Administrative
Appeals Tribunal Act 1989 of the Australian Capital Territory shall be
exercised by the Court constituted by not less than 3 judges if, after
consulting the President, the Chief Justice considers that it is appropriate
for the question to be heard and determined by the Court as so constituted.".