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