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Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024
219Amendments of listed provisions
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219 Amendments of listed provisions
- 5C(e) Administrative Appeals Tribunal ART
- 12ZQ(1) Administrative Appeals Tribunal ART
- 12ZU(6) Administrative Appeals Tribunal ART
- 43E(2) (heading) Administrative Appeals Tribunal ART
- 43E(2) Administrative Appeals Tribunal ART
- 43X(1) Administrative Appeals Tribunal ART
- 303(2) Administrative Appeals Tribunal ART
- 303(3) (heading) AAT ART
- 303(3) AAT ART
- 303(6) (heading) AAT Registrar ART Principal Registrar
- 303(6) to the AAT to the ART
- 303(6) Registrar of the AAT ART Principal Registrar
- 304(5) AAT ART
- 308(1)(a) the AAT Act, apply to the AAT the ART Act, apply to the ART
- 308E (heading) AAT Registrar ART Principal Registrar
- 308E(b) Administrative Appeals Tribunal ART
- 308E Registrar of the Administrative Appeals Tribunal ART Principal Registrar
- 308H (heading) AAT ART
- 308H Administrative Appeals Tribunal ART
- 308J (heading) AAT ART
- 308J Administrative Appeals Tribunal ART
- Division 2 of Part 9 (heading) Administrative Appeals Tribunal ART
- 310(2) AAT ART
- Subdivision B of Division 2 of Part 9 (heading) AAT first review ART review
- 311 (heading) AAT first review ART review
- 311A AAT first review of a decision, a reference in the AAT Act to the person who made ART review of a decision, a reference in the ART Act to the decision‑maker for
- 312 (heading) AAT first review certain ART reviews
- 312(1) AAT first review ART review
- 312(1)(b) AAT ART
- 314 (heading) AAT first review ART review
- 314(1) AAT first review ART review
- 314(4)(b)(i) the AAT dismisses the application for AAT first review the ART dismisses the application for ART review
- 314(4)(b)(ii) the AAT determines the AAT first review the ART determines the ART review
- 315 (heading) AAT first review ART review
- 315(1) AAT first review ART review
- 316 (heading) AAT for purposes of AAT first review ART for purposes of ART review
- 316 Despite subsection 43(1) of the AAT Act, the AAT must not, for the purposes of an AAT first review Despite section 54 of the ART Act, the ART must not, for the purposes of an ART review
- 317 (heading) AAT first review ART review
- 319(b) AAT ART
- 319 AAT may ART may
- Subdivision D of Division 2 of Part 9 (heading) both AAT first review and AAT second review reviews by the ART
- 327 (heading) AAT ART
- 327(1) the AAT if the proceedings are an AAT first review or AAT second review the ART if the proceedings are an ART review
- 327(2) AAT ART
Schedule 4—Amendments relating to the Security Division
Archives Act 1983
1 Subsection 43(4)
Omit “section 29 of the Administrative Appeals Tribunal Act 1975”, substitute “section 18 of the Administrative Review Tribunal Act 2024”.
2 Subsection 43(6)
Omit “Section 28 of the Administrative Appeals Tribunal Act 1975”, substitute “Section 268 of the Administrative Review Tribunal Act 2024”.
3 Subsection 52(1)
Omit “subsection 35(2), (3) or (4) of the Administrative Appeals Tribunal Act 1975”, substitute “subsection 69(3) or 70(1) or (2) of the Administrative Review Tribunal Act 2024”.
4 Subsection 52(1)
Omit all the words after “the Tribunal” (second occurring), substitute:
must have regard to:
(a) the necessity of avoiding the disclosure to the applicant of matter contained in a record to which the proceedings relate, being matter by reason of which the record is an exempt record; and
(b) the necessity of avoiding the disclosure to the applicant of information of the kind referred to in subsection 39(1).
5 Paragraphs 52(2)(a) and (b)
Omit “paragraph (1)(a)”, substitute “paragraph (1)(a) or (b)”.
6 Subsection 53(1)
Omit “Sections 37 and 38AA of the Administrative Appeals Tribunal Act 1975”, substitute “Sections 23, 25 and 26 of the Administrative Review Tribunal Act 2024”.
7 After subsection 53(1A)
(1B) If the Tribunal is satisfied as mentioned in subsection (1A), section 27 of the Administrative Review Tribunal Act 2024 does not apply in relation to the document.
8 Subsection 53(5)
Omit “section 46 of the Administrative Appeals Tribunal Act 1975”, substitute “section 187 of the Administrative Review Tribunal Act 2024”.
9 Subsection 53(6)
Omit “subparagraph 46(1)(c)(i) of the Administrative Appeals Tribunal Act 1975”, substitute “subsection 187(2) of the Administrative Review Tribunal Act 2024”.
10 Subsection 53(7)
Omit “subparagraph 46(1)(c)(i) of the Administrative Appeals Tribunal Act 1975”, substitute “subsection 187(2) of the Administrative Review Tribunal Act 2024”.
11 Subsection 55A(5)
(5) Nothing in this section:
(a) prevents a person making from an application under section 123 of the Administrative Review Tribunal Act 2024 for the decision of the Tribunal to be referred to the guidance and appeals panel; or
(b) affects the power of the Federal Court of Australia or the Federal Circuit and Family Court of Australia (Division 2) to make orders under section 178 of the Administrative Review Tribunal Act 2024 in relation to matters other than staying the decision of the Tribunal.
- 3(1) (definition of Tribunal) Administrative Appeals Tribunal Administrative Review Tribunal
- 43 (heading) Administrative Appeals Tribunal Administrative Review Tribunal
- 43(1) Administrative Appeals Tribunal Administrative Review Tribunal
- 50 Administrative Appeals Tribunal Act 1975 Administrative Review Tribunal Act 2024
- 52(2) Administrative Appeals Tribunal Act 1975 Administrative Review Tribunal Act 2024
Australian Crime Commission Act 2002
13 Paragraph 19A(6)(a)
(a) a relevant request in relation to the Administrative Review Tribunal has been served on a person who is, or has been, a member or officer of the Tribunal; and
14 Subsection 19A(8)
(a) the Principal Registrar within the meaning of the Administrative Review Tribunal Act 2024; or
15 Subsection 19A(8) (paragraphs (c), (d) and (e) of the definition of prescribed officer)
Omit “Security Appeals”, substitute “Administrative Review”.
16 Subsection 19A(8) (paragraph (e) of the definition of prescribed officer)
Omit “that tribunal”, substitute “the Administrative Review Tribunal”.
17 Section 36A (definition of AAT Act)
18 Section 36A
19 Section 36A (definition of authorised member)
20 Section 36A (definition of officer of the Tribunal)
(a) the Principal Registrar within the meaning of the ART Act; or
21 Section 36A (definition of President)
22 Section 36A (definition of presidential member)
23 Section 36A (definition of Registrar)
24 Section 36A (definition of Tribunal)
Tribunal means the Administrative Review Tribunal.
25 Subsection 36F(1) (note)
Note: Section 18 of the ART Act generally requires an application for review of a decision to be made within the period prescribed by rules made under that Act.
26 Subsections 36F(3) to (5)
27 Subsection 36F(6)
(6) Subsection (2) has effect despite subsection 17(1) of the ART Act.
28 Sections 36G to 36N