88Application of Commonwealth administrative laws

88 Application of Commonwealth administrative laws

88 Application of Commonwealth administrative laws

(1) The Commonwealth administrative laws apply as a law of New South Wales to matters arising in relation to the applied provisions as if the applied provisions were laws of the Commonwealth and not a law of New South Wales.

(2) For the purposes of the law of New South Wales, a matter arising in relation to the applied provisions—

(a) is taken to be a matter arising in relation to the laws of the Commonwealth in the same way as if the applied provisions were laws of the Commonwealth, and

(b) is taken not to be a matter arising in relation to the law of New South Wales.

(3) Subsection (2) has effect for the purposes of the law of New South Wales except as provided for by the regulations.

(4) A provision of a Commonwealth administrative law applying because of this section purporting to confer jurisdiction on a federal court is taken not to have the effect.

(5) If a Commonwealth administrative law, which applies because of this section, confers a function on a Commonwealth officer or authority, the law also confers the same function on the officer or authority in relation to a matter arising in relation to the applied provisions.

(6) In exercising a function conferred by this section, the Commonwealth officer or authority must act as nearly as is practicable as the officer or authority would act in exercising the same function under the Commonwealth administrative law.

(7) A function conferred on a Commonwealth officer or authority because of this section must not be exercised by an officer or authority of New South Wales.

(8) In this section—

Commonwealth administrative laws means the following Acts of the Commonwealth and the regulations under the Acts—

(a) the Administrative Review Tribunal Act 2024,

(b) the Freedom of Information Act 1982,

(c) the Ombudsman Act 1976,

(d) the Privacy Act 1988.