1991 No. 450*1* ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS*2* (AMENDMENT)
These Regulations were disallowed by the Senate on 3 March 1992
*1*Notified in the Commonwealth of Australia Gazette on 19 December 1991. *2*Statutory Rules 1976 No. 141 as amended by 1977 No. 146; 1979 No. 274; 1984 No. 383; 1986 Nos. 168 and 232; 1987 Nos. 23 and 181; 1988 No. 25; 1989 No. 157; 1990 No. 284; 1991 No. 233. 1991 No. 450 ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) - REG 1
1. Commencement
1.1 These Regulations commence on 1 April 1992. 1991 No. 450 ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) - REG 2
2. Amendment
2.1 The Administrative Appeals Tribunal Regulations are amended as set out in these Regulations. 1991 No. 450 ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) - REG 3
3. Regulation 19 (Prescribed fees)
3.1 Subregulation (1): Omit the subregulation, substitute "(1) Subject to this regulation, a fee of $300 (in this regulation called a "filing fee") is payable for the lodging with the Tribunal of: (a) an application for review of a decision; or (b) an application under subsection 28 (1AC) of the Act; or (c) an application under subsection 62 (2) of the Freedom of Information Act 1982; other than an application for review of a prescribed decision.". 3.2 Add at the end: "(4) A fee mentioned in subregulation (1) must be paid before lodging the application. "(5) If 2 or more applications: (a) relate to the same applicant; and (b) may, in the opinion of the Registrar or a Deputy Registrar, be conveniently heard before the Tribunal at the same time; the Registrar or a Deputy Registrar may order that only 1 fee is payable for those applications. "(6) A filing fee is not payable if: (a) the person liable to pay the fee is granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney-General, for the matter to which the application relates; or (b) the person liable to pay the fee is: (i) the holder of a pensioner health benefit card, a health benefit card, a pharmaceutical benefits concession card or a health care card; or (ii) an inmate of a prison or is otherwise lawfully detained in a public institution; or (iii) a child under the age of 18 years; or (iv) in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or (c) the Registrar or a Deputy Registrar, having regard to the income, liabilities and assets of the person liable to pay the filing fee, waives the fee on the ground that payment of the fee would impose financial hardship on the person. "(7) A person who has paid a filing fee is entitled to a refund of the fee if: (a) the fee was not payable; or (b) the proceeding terminates in a manner favourable to the applicant.". 1991 No. 450 ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) - REG 4
4. New regulation 19A
4.1 After regulation 19, insert: Hearing fees "19A. (1) When the Tribunal, a Registrar or a Deputy Registrar certifies that an application, for which a fee is payable under Regulation 19, is ready for hearing, a fee of $200 (in this regulation called a "hearing fee") is, subject to this regulation, payable for the hearing of the matter. "(2) If 2 or more applications: (a) relate to the same applicant; and (b) may, in the opinion of the Registrar or a Deputy Registrar, be conveniently heard before the Tribunal at the same time; the Registrar or a Deputy Registrar may order that only 1 hearing fee is payable for those applications. "(3) A hearing fee is not payable if: (a) the person liable to pay the fee is granted legal aid, under a legal aid scheme or service established under Commonwealth, State or Territory law or approved by the Attorney-General, for the matter to which the application relates; or (b) the person liable to pay the fee is: (i) the holder of a pensioner health benefit card, a health benefit card, a pharmaceutical benefits concession card or a health care card; or (ii) an inmate of a prison or is otherwise lawfully detained in a public institution; or (iii) a child under the age of 18 years; or (iv) in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations; or (c) the Registrar or a Deputy Registrar, having regard to the income, liabilities and assets of the person liable to pay the hearing fee, waives the fee on the ground that payment of the fee would impose financial hardship on the person. "(4) The person liable to pay a hearing fee is the applicant or, if the Tribunal so orders: (a) another party to the application; or (b) 2 or more of the parties to the application, including the applicant, in the proportions ordered by the Tribunal. "(5) If a hearing fee that is payable for an application is unpaid: (a) the Tribunal may make such orders as are necessary in relation to the proceedings, including an order to dismiss the application; and (b) the Tribunal, the Registrar or a Deputy Registrar may vacate the date fixed for hearing. "(6) A person who has paid a hearing fee is entitled to a refund of the fee if: (a) the Registrar or a Deputy Registrar is notified, not less than 10 working days before the date fixed for hearing, that the hearing will not proceed, and the hearing does not proceed; or (b) the fee was not payable; or (c) the matter terminates in a manner favourable to the applicant. Review by the Tribunal "19B. (1) Application may be made to the Tribunal for review of a decision by the Registrar or a Deputy Registrar under paragraph 19 (6) (c) or 19A (3) (c). "(2) If the Registrar or a Deputy Registrar makes a decision under paragraph 19 (6) (c) or 19A (3) (c), a notice must be given to the person liable to pay the fee: (a) containing the terms of the decision; and (b) giving written reasons for the decision; and (c) containing a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for review of the decision. "(3) A notice under subregulation (2) must be given within 28 days of the date of the decision. "(4) Failure to include in a notice under subregulation (2) a statement of the kind mentioned in paragraph (2) (c) does not affect the validity of the decision.". 1991 No. 450 ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) - REG 5
5. Regulation 20 (Refund of prescribed fees)
5.1 Omit the regulation. 1991 No. 450 ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) - REG 6
6. Application
6.1 These Regulations apply to applications lodged on or after the date of commencement of these Regulations.