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MAGISTRATES COURT (ADMINISTRATIVE APPEALS DIVISION) ACT 2001

- Act 72 of 2001 - Royal Assent 30 October 2001

Table of Provisions

Long Title

PART 1 - Preliminary

  • 1 Short title
  • 2 Commencement
  • 3 Interpretation
  • 4 Meaning of "decision"
  • 5 Meaning of "decision-maker"
  • 6 Act binds Crown

PART 2 - Establishment of administrative appeals division of the

magistrates court
  • 7 Establishment of Administrative Appeals Division of Magistrates Court
  • 8 Composition of Court
  • 9 Jurisdiction of Court

PART 3 - Jurisdiction of the Court

  • 10 Conferral of jurisdiction to review reviewable decisions
  • 11 When enactment taken to make contrary provision to this Act

PART 4 - Process for review of reviewable decisions Division 1 -

Role of decision-makers Subdivision 1 - Information concerning decision and review rights
  • 12 Notice of decision and review rights to be given by decision-maker
  • Subdivision 2 - Duty to give reasons on request
  • 13 Duty of decision-maker to give reasons on request
  • 14 Decision-maker may refuse reasons in certain cases
  • 15 Court may determine whether person entitled to reasons or made
  • request within reasonable time
  • 16 Court may order decision-maker to provide statement of reasons or
  • adequate statement of reasons

Division 2 - Role of Court Subdivision 1 - Applications for review

  • 17 Applications for review
  • 18 Fees for applications
  • 19 Extension of time
  • 20 Late applications to Court
  • 20A Court may make application under Vexatious Proceedings Act 2011
  • 21 Duty of decision-maker to lodge material documents with Court where
  • decision reviewed
  • 22 Objections to lodgment
  • Subdivision 2 - Effect of pending applications on reviewable decisions
  • 23 Stay of decision
  • 24 Restrictions on ordering stay of proceedings
  • 25 Conditions of stay order
  • Subdivision 3 - Powers on review
  • 26 Determination of review by Court
  • 27 Application of Government policy
  • 28 Power to remit matters to decision-maker for further consideration
  • 29 Effect of review decision

PART 5 - Procedure of Court generally Division 1 - Parties to

proceedings
  • 30 Parties to proceedings before Court
  • 31 Opportunity of parties to make submissions
  • 32 Representation before Court
  • 33 Notice of application to be served on other parties

Division 2 - Other procedural matters

  • 34 Procedure of Court generally
  • 35 Preliminary conferences
  • 36 Proceedings on hearing to be conducted in public
  • 37 Circumstances in which hearing may be dispensed with
  • 38 Amendments and irregularities
  • 39 Orders for payment of money
  • 40 Powers in relation to witnesses
  • 41 Issue of summons
  • 42 Power to impose conditions
  • 43 Powers when proceedings settled
  • 44 Power to correct decisions of Court
  • 45 Costs
  • 46 Court to give decision determining application

PART 6 - Appeals to supreme court

  • 47 Appeals to Supreme Court from decisions of Court
  • 48 Operation and implementation of decision that is subject to appeal
  • 49 Questions reserved for opinion of Supreme Court

PART 7 - Miscellaneous

  • 50 References to application in enactments
  • 51 Rules of court
  • 52 Regulations
  • 53 Administration of Act
  • 54 Transitional: Appeals and reviews
  • 55 Transitional: rules of court
  • [ Note: This table has been automatically generated and may be incomplete. ]

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