Administrative Decisions (Judicial Review) Act Authoritative Version .. (i) the Commonwealth Places (Application of Laws) Act ; or. When that structure was implemented in the late ‘s and early ‘s, the Administrative Decisions (Judicial Review) Act (Cth) was a. The second and third arise under the Judiciary Act (Cth) and the fourth under the Administrative Decision. (Judicial Review) Act (Cth) (the ADJR Act).
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Administrative Decisions Judicial Review Act This compilation was prepared on 7 January taking into account amendments up to Act No.
The text of any of ctu amendments not in force on that date is appended in the Notes section.
The Administrative Review Council Report on Judicial Review
The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section. Short title [ see Note 1] Commencement [ see Note 1] Act to operate notwithstanding anything in existing laws Applications for review of decisions Applications for review of conduct related to making of decisions Applications in respect of failures to make decisions Limitation of jurisdiction of State courts Limitation of jurisdiction to review related civil proceeding decisions Rights conferred by this Act to be additional to other rights Manner of making applications Application to be made a party to a proceeding Reasons for decision may be obtained Certain information not required to be disclosed Stay of proceedings—Federal Court Stay of proceedings—Federal Magistrates Court Change in person holding, or performing the duties of, an office Transfer of proceedings to Family Court Act not to apply in relation to certain decisions Act to apply in relation to certain Northern Territory laws What this Schedule does This Act shall come into operation on a date to be fixed by Proclamation.
Commonwealth authority means an authority or other body whether incorporated or not that is established or continued in existence by or under an Act.
This Act has effect notwithstanding anything contained in any law in force at the commencement of this Act.
The Administrative Review Council report on judicial review: renaissance of the ADJR Act?
A decision to prosecute a person for an offence is not reviewable under this Act: Australian Security Intelligence Organisation Act Intelligence Services Act Telecommunications Interception and Access Act Telephonic Communications Interception Act.
Customs Tariff Act Fringe Benefits Tax Assessment Act Fuel Tax Act Income Tax Assessment Act Minerals Resource Rent Tax Act Superannuation Guarantee Administration Act Training Guarantee Administration Act Trust Recoupment Tax Assessment Act.
An application under this Act in relation to other criminal justice process decisions cannot be heard or determined in certain circumstances: Consular Privileges and Immunities Act Diplomatic Privileges and Immunities Act International Organisations Privileges and Immunities Act. Defence Force Remuneration Tribunal. Federal Police Arbitral Tribunal. Canberra Commercial Development Authority. Christmas Island Phosphate Commission. The amendments are incorporated in this compilation. For application, saving or transitional provisions made by the Corporations Repeals, Consequentials and Transitionals Actsee Act No.
For subsequent information see Table A. Application, saving or transitional provisions. National Security Legislation Amendment Act Crimes Legislation Amendment Act No.
Any other statement in column 2 has effect according to its terms. The day after this Act receives the Royal Assent. Statute Stocktake Act No. Regulations in force for the purposes of subsection 19 1 of the Administrative Decisions Judicial Review Act immediately before the commencement of this item have effect, after the commencement of this item, as if:. If, immediately before the commencing time, any warrant, writ, order, permission or other instrument the authority issued under a law of the Commonwealth, a State or a Territory could be executed by a person who was at that time a member, staff member or special member of the Australian Federal Police, the authority continues to be able to be executed at and after the commencing time by the person in his or her capacity as:.
A person who is a member or staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee. Similarly, a person who is a special member of the Australian Federal Police immediately before the commencing time is taken to be appointed as a special member.
Reviewable State decisions made before the commencement—situations in which period for seeking review under amended Act is extended. The power under paragraph 11 1 c of the amended Act to extend the time for applying for judicial review of a decision is available even if the decision is a reviewable State decision and the 28 day time limit that would otherwise apply expired before the commencement.
Reviewable Territory decisions—review proceedings continue after the commencement under the amended Act. Reviewable Territory decisions—continued effect of orders made before the commencement. The enactment of this Schedule does not adje that the Parliament did not intend that the Federal Magistrates Court was to have jurisdiction, at a time before the commencement of this item, to hear and determine:. The report may include such other matters as the directors consider appropriate.
Communications Fund has the same meaning as in the Telstra Corporation Act Future Cfh has the same meaning as in the Telstra Corporation Act Telstra has the same meaning as in the Telstra Corporation Act Migration Litigation Reform Act No. Where proceedings are commenced on or after the commencement day in relation to a migration decision made before the commencement day, and actual notification of the decision is given before the commencement day:.
The object of this Part is to ensure that, despite the repeals and amendments made by this Act, the full legal and administrative consequences of:. Even though an Act is repealed or amended by this Act, the repeal or amendment is disregarded for the purpose of doing any of the following under any Act or legislative instrument within the meaning of the Legislative Instruments Sdjr As a result, the Commissioner considers that franking deficit tax and a penalty by way of additional tax are payable.
ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977
The company failed to notify the Commissioner of those amounts, and failed to remit them to the Commissioner. Following an audit undertaken after the repeal of those Divisions, the Commissioner discovers that the withheld amounts have not been remitted.
Even though the estimate is made after the repeal, it relates to amounts withheld before the repeal. If a provision or part of adrj provision that is repealed or amended by this Act deals with the effect of an assessment, the repeal or amendment is disregarded in relation to assessments made, before or after the repeal or amendment applies, in relation to any act done or omitted to be done, any state of affairs existing, or any period ending, before the repeal or amendment applies.
If the operation of a provision the subject provision of any Act or legislative instrument within the meaning of the Legislative Atc Act made under any Act depends to any extent on an Act, or a provision of an Act, that is repealed by this Act, the repeal is disregarded so far as it affects the operation of the subject provision.
Tax Laws Amendment Measures No. The amendments made by this Schedule apply to disclosures of information made on or after the day on which this Act receives the Royal Assent whenever the information was obtained.
Skip to primary navigation Skip to primary content. Home Acts In force Details: CC Table of contents. Limitation of jurisdiction to review related civil proceeding decisions 13 Service includes the Australian Federal Police.
See also subsections 3 1011 and The other Schedules commenced on Royal Assent. Does not commence 6. Do not commence 6. Table of Amendments ad. Public Service Acts Amendment Act Customs Tariff Miscellaneous Amendments Act Defence Force Miscellaneous Provisions Act Ombudsman Miscellaneous Amendments Axt Commonwealth Electoral Legislation Amendment Act Commonwealth Banks Amendment Act Egg Export Legislation Repeal Act