ADMINISTRATIVE REVIEW TRIBUNAL (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS NO. 1) BILL 2023

2022-2023

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Administrative Review Tribunal

(Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

(Attorney-General)

A Bill for an Act to deal with consequential and

transitional matters arising from the enactment of

the

Administrative Review Tribunal Act 2023

, and

for related purposes

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 2

Schedules ........................................................................................... 3

References to the

Administrative Appeals Tribunal Act 1975

etc. ..................................................................................................... 3

Schedule 1

Treasury

Part 1

Main amendments

Australian Charities and Not-for-profits Commission Act 2012

Australian Securities and Investments Commission Act 2001

Competition and Consumer Act 2010

Corporations Act 2001

Excise Act 1901

Fringe Benefits Tax Assessment Act 1986

Income Tax Assessment Act 1936

Income Tax Assessment Act 1997

National Consumer Credit Protection Act 2009

Payment Times Reporting Act 2020

Petroleum Excise (Prices) Act 1987

Retirement Savings Accounts Act 1997

Small Superannuation Accounts Act 1995

Superannuation Industry (Supervision) Act 1993

Superannuation (Self Managed Superannuation Funds) Taxation Act

1987

Taxation Administration Act 1953

Part 2

Bulk amendments

A New Tax System (Australian Business Number) Act 1999

ASIC Supervisory Cost Recovery Levy (Collection) Act 2017

Australian Small Business and Family Enterprise Ombudsman Act

2015

Business Names Registration Act 2011

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Business Names Registration (Transitional and Consequential

Provisions) Act 2011

Commonwealth Registers Act 2020

Competition and Consumer Act 2010

Corporations Act 2001

Crimes (Taxation Offences) Act 1980

Excise Act 1901

Financial Regulator Assessment Authority Act 2021

Financial Sector (Transfer and Restructure) Act 1999

Income Tax Assessment Act 1936

Income Tax Assessment Act 1997

National Consumer Credit Protection Act 2009

Payment Times Reporting Act 2020

Petroleum Excise (Prices) Act 1987

Petroleum Resource Rent Tax Assessment Act 1987

Retirement Savings Accounts Act 1997

Small Superannuation Accounts Act 1995

Superannuation Industry (Supervision) Act 1993

Superannuation (Self Managed Superannuation Funds) Taxation Act

1987

Tax Agent Services Act 2009

Taxation Administration Act 1953

Taxation (Interest on Overpayments and Early Payments) Act 1983

Schedule 2

Home Affairs

Part 1

Main amendments

Immigration (Guardianship of Children) Act 1946

Maritime Transport and Offshore Facilities Security Act 2003

Migration Act 1958

Part 2

Bulk amendments

Immigration (Guardianship of Children) Act 1946

Maritime Transport and Offshore Facilities Security Act 2003

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Schedule 3

Social Services

Part 1

Main amendments

A New Tax System (Family Assistance) Act 1999

A New Tax System (Family Assistance) (Administration) Act 1999

Australian Hearing Services Act 1991

105

Child Support (Assessment) Act 1989

106

Child Support (Registration and Collection) Act 1988

106

Disability Services Act 1986

116

Marriage Act 1961

116

National Disability Insurance Scheme Act 2013

116

Paid Parental Leave Act 2010

117

Social Security Act 1991

125

Social Security (Administration) Act 1999

126

Student Assistance Act 1973

135

Part 2

Bulk amendments

143

A New Tax System (Family Assistance) Act 1999

143

A New Tax System (Family Assistance) (Administration) Act 1999

143

Australian Hearing Services Act 1991

148

Child Support (Assessment) Act 1989

149

Child Support (Registration and Collection) Act 1988

150

Disability Services Act 1986

156

Marriage Act 1961

156

National Disability Insurance Scheme Act 2013

157

Paid Parental Leave Act 2010

157

Social Security Act 1991

160

Social Security (Administration) Act 1999

161

Student Assistance Act 1973

164

Schedule 4

Amendments relating to the Security Division

167

Archives Act 1983

167

Australian Crime Commission Act 2002

169

Australian Security Intelligence Organisation Act 1979

172

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Foreign Acquisitions and Takeovers Act 1975

176

Freedom of Information Act 1982

177

Schedule 5

Agriculture, Fisheries and Forestry

183

Part 1

Main amendments

183

Pig Industry Act 2001

183

Part 2

Bulk amendments

184

Biological Control Act 1984

184

Horse Disease Response Levy Collection Act 2011

184

Pig Industry Act 2001

184

Torres Strait Fisheries Act 1984

185

Schedule 6

Attorney-General

186

Part 1

Main amendments

186

Copyright Act 1968

186

Disability Discrimination Act 1992

186

Ombudsman Act 1976

186

Sex Discrimination Act 1984

187

Part 2

Bulk amendments

188

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

188

Australian Transaction Reports and Analysis Centre Industry

Contribution (Collection) Act 2011

188

Copyright Act 1968

189

Disability Discrimination Act 1992

189

Law Officers Act 1964

189

Modern Slavery Act 2018

190

Ombudsman Act 1976

190

Sex Discrimination Act 1984

190

Schedule 7

Climate Change, Energy, the Environment and

Water

192

Part 1

Main amendments

192

Hazardous Waste (Regulation of Exports and Imports) Act 1989

192

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Recycling and Waste Reduction Act 2020

192

Sea Installations Act 1987

192

Part 2

Bulk amendments

194

Antarctic Marine Living Resources Conservation Act 1981

194

Australian National Registry of Emissions Units Act 2011

194

Building Energy Efficiency Disclosure Act 2010

194

Clean Energy Legislation (Carbon Tax Repeal) Act 2014

195

Environment Protection (Sea Dumping) Act 1981

195

Fuel Security Act 2021

195

Hazardous Waste (Regulation of Exports and Imports) Act 1989

196

Liquid Fuel Emergency Act 1984

196

National Environment Protection Measures (Implementation) Act

1998

197

Offshore Electricity Infrastructure Act 2021

197

Ozone Protection and Synthetic Greenhouse Gas Management Act

1989

198

Recycling and Waste Reduction Act 2020

198

Sea Installations Act 1987

198

Sydney Harbour Federation Trust Act 2001

199

Underwater Cultural Heritage Act 2018

199

Water Act 2007

199

Schedule 8

Defence

201

Defence Force (Home Loans Assistance) Act 1990

201

Defence Force Retirement and Death Benefits Act 1973

201

Defence Home Ownership Assistance Scheme Act 2008

202

Defence Reserve Service (Protection) Act 2001

202

Defence Trade Controls Act 2012

203

Schedule 9

Employment and Workplace Relations

204

Part 1

Main amendments

204

Coal Mining Industry (Long Service Leave) Administration Act 1992

204

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Coal Mining Industry (Long Service Leave) Payroll Levy Collection

Act 1992

204

Student Identifiers Act 2014

205

Part 2

Bulk amendments

206

Coal Mining Industry (Long Service Leave) Administration Act 1992

206

Coal Mining Industry (Long Service Leave) Payroll Levy Collection

Act 1992

206

Student Identifiers Act 2014

207

Schedule 10

Finance

208

Data Availability and Transparency Act 2022

208

Federal Circuit and Family Court of Australia Act 2021

208

Governor-General Act 1974

209

Papua New Guinea (Staffing Assistance) Act 1973

209

Parliamentary Business Resources Act 2017

209

Superannuation Act 1922

210

Schedule 11

Foreign Affairs and Trade

211

Part 1

Main amendments

211

Chemical Weapons (Prohibition) Act 1994

211

Export Market Development Grants Act 1997

211

Registration of Deaths Abroad Act 1984

211

Part 2

Bulk amendments

212

Chemical Weapons (Prohibition) Act 1994

212

Export Market Development Grants Act 1997

212

Registration of Deaths Abroad Act 1984

212

Schedule 12

Health and Aged Care

214

Part 1

Main amendments

214

Aged Care Act 1997

214

Aged Care (Transitional Provisions) Act 1997

214

Australian Radiation Protection and Nuclear Safety Act 1998

214

Dental Benefits Act 2008

215

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Hearing Services Administration Act 1997

215

Medical Indemnity Act 2002

216

Midwife Professional Indemnity (Commonwealth Contribution)

Scheme Act 2010

218

National Health Security Act 2007

219

Private Health Insurance Act 2007

219

Tobacco Advertising Prohibition Act 1992

219

Part 2

Bulk amendments

220

Aged Care Act 1997

220

Aged Care (Transitional Provisions) Act 1997

220

Australian Radiation Protection and Nuclear Safety Act 1998

220

Dental Benefits Act 2008

221

Healthcare Identifiers Act 2010

221

Hearing Services Administration Act 1997

222

Major Sporting Events (Indicia and Images) Protection Act 2014

222

Medical Indemnity Act 2002

222

Midwife Professional Indemnity (Commonwealth Contribution)

Scheme Act 2010

223

My Health Records Act 2012

224

National Health Security Act 2007

224

Private Health Insurance Act 2007

225

Schedule 13

Industry, Science and Resources

226

Part 1

Main amendments

226

Offshore Petroleum and Greenhouse Gas Storage Act 2006

226

Tradex Scheme Act 1999

226

Part 2

Bulk amendments

227

Offshore Petroleum and Greenhouse Gas Storage Act 2006

227

Space (Launches and Returns) Act 2018

227

Tradex Scheme Act 1999

227

Schedule 14

Infrastructure, Transport, Regional

Development, Communications and the Arts

229

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Part 1

Main amendments

229

Adelaide Airport Curfew Act 2000

229

Marine Safety (Domestic Commercial Vessel) National Law Act 2012

229

Part 2

Bulk amendments

230

Adelaide Airport Curfew Act 2000

230

Aircraft Noise Levy Collection Act 1995

230

Air Navigation Act 1920

230

Air Services Act 1995

231

Interactive Gambling Act 2001

231

Marine Safety (Domestic Commercial Vessel) National Law Act 2012

232

National Transmission Network Sale Act 1998

233

Navigation Act 2012

233

Protection of Cultural Objects on Loan Act 2013

233

Protection of Movable Cultural Heritage Act 1986

234

Protection of the Sea (Civil Liability) Act 1981

234

Protection of the Sea (Civil Liability for Bunker Oil Pollution

Damage) Act 2008

235

Protection of the Sea (Prevention of Pollution from Ships) Act 1983

235

Public Lending Right Act 1985

235

Resale Royalty Right for Visual Artists Act 2009

236

Shipping Reform (Tax Incentives) Act 2012

236

Shipping Registration Act 1981

237

Sydney Airport Curfew Act 1995

237

Telstra Corporation Act 1991

238

Schedule 15

--Veterans' Affairs

239

Part 1

Main amendments

239

Australian Participants in British Nuclear Tests and British

Commonwealth Occupation Force (Treatment) Act 2006

239

Compensation (Japanese Internment) Act 2001

239

Military Rehabilitation and Compensation Act 2004

239

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Safety, Rehabilitation and Compensation (Defence-related Claims)

Act 1988

242

Treatment Benefits (Special Access) Act 2019

243

Veterans' Entitlements Act 1986

243

Part 2

Bulk amendments

248

Australian Participants in British Nuclear Tests and British

Commonwealth Occupation Force (Treatment) Act 2006

248

Defence Service Homes Act 1918

248

Military Rehabilitation and Compensation Act 2004

249

Safety, Rehabilitation and Compensation (Defence-related Claims)

Act 1988

249

Social Security and Veterans' Affairs Legislation Amendment (One

-off

Payments and Other 2007 Budget Measures) Act 2007

251

Treatment Benefits (Special Access) Act 2019

251

Veterans' Entitlements Act 1986

252

Veterans' Entitlements (Clarke Review) Act 2004

254

Schedule 16

Transitional provisions

255

Part 1

Preliminary

255

Part 2

Establishment of the ART

256

Part 3

Notice, review rights and reasons

260

Part 4

Rights to apply

263

Part 5

Proceedings in progress

266

Part 6

Other things done by, or in relation to, the AAT

268

Part 7

Members of the Tribunal

269

Part 8

Matters specific to particular Acts

274

Division 1

Migration

274

Division 2

Social services

277

Part 9

Transitional rules

283

Schedule 17

Repeals

285

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

A Bill for an Act to deal with consequential and

transitional matters arising from the enactment of

the

Administrative Review Tribunal Act 2023

, and

for related purposes

The Parliament of Australia enacts:

1 Short title

This Act is the

Administrative Review Tribunal (Consequential and

Transitional Provisions No. 1)

Act 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 4

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedules 1 to

At the same time as the

Administrative

Review Tribunal Act 2023

commences.

However, the provisions do not commence

at all if that Act does not commence.

3. Schedule 16,

items 1 to 30

At the same time as the provisions covered

by table item 2.

4. Schedule 16,

item 31

The day after this Act receives the Royal

Assent.

5. Schedule 16,

items 32 to 51

At the same time as the provisions covered

by table item 2.

6. Schedule 17

At the same time as the provisions covered

by table item 2.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

4 References to the

Administrative Appeals Tribunal Act 1975

etc.

(1) This section applies if, on or after the commencement of the

Administrative Review Tribunal Act 2024

, another Act refers to:

(a) the

Administrative Appeals Tribunal Act 1975

; or

(b) a provision of that Act; or

(d) the Registrar of the Administrative Appeals Tribunal.

(2) The reference is taken, on and after that commencement, to be a

reference to the following (as the case requires):

(a) the

Administrative Review Tribunal Act 2024

;

(b) an equivalent, or nearly equivalent, provision of that Act;

(d) the Principal Registrar of the Administrative Review

Tribunal.

(3) Subsection (2) is subject to a contrary intention.

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Schedule

1--Treasury

Part

1--Main amendments

Australian Charities and Not

for

profits Commission Act

2012

1 Subsection 160-10(7)

Omit "Administrative Appeals Tribunal", substitute "ART".

2 Paragraph 160-25(a)

Omit "Administrative Appeals Tribunal", substitute "ART".

3 Division 165 (heading)

Omit "

AAT

", substitute "

ART

4 Sections 165-5 to 165-45

Repeal the sections, substitute:

165-5 ART Act applies subject to this Division

(1) The ART Act applies in relation to:

(a) the review of objection decisions; and

(b) the review of extension of time refusal decisions; and

subject to this Division.

(2) Subsection (3) applies if the ART President refers to the guidance

and appeals panel under section 128 of the ART Act a decision

made by the ART to affirm, vary or set aside either of the

following decisions (each of which is an

original decision

(a) an objection decision;

(b) an extension of time refusal decision.

(3) The ART Act, as modified by this Division (other than by the

provisions mentioned in subsection (4)), applies in relation to:

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(a) the application for review that is taken to be made under

subsection 130(2) of that Act; and

(b) the review of the decision made by the ART;

in the same way as it applies to the review of, and the application

for review of, the original decision.

(4) The provisions are:

(a) subsections 165-10(1), (2) and (3); and

(b) section 165-15; and

165-10 Special rules for objection decisions or extension of time

refusal decisions

(1) Sections 17 (who can apply) and 18 (when to apply

general rule)

of the ART Act do not apply in relation to:

(a) an objection decision; or

(b) an extension of time refusal decision.

(2) The President of the ART may allow a longer period to make an

application to refer a decision of the ART on the review of an

objection decision or an extension of time refusal decision to the

guidance and appeals panel under section 125 (when to apply to

refer Tribunal decision) of the ART Act only if the period for

making the application has not expired.

(3) If the President of the ART decides to allow a longer period under

section 125 of the ART Act (as modified by subsection (2) of this

section), the President of the ART must notify the Commissioner

as soon as practicable after making the decision.

(4) Section 32 (reviewable decision continues to operate unless

Tribunal orders otherwise) of the ART Act does not apply in

relation to:

(a) an objection decision; or

(b) an extension of time refusal decision.

(5) Section 127 (Tribunal decision continues to operate unless

Tribunal orders otherwise) of the ART Act does not apply in

relation to an objection decision or an extension of time refusal

decision.

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(6) Section 1

78 (operation and implementation of Tribunal's decision)

of the ART Act does not apply in relation to an objection decision.

165-15 When and how to apply to the ART

(1) Despite section 18 (when to apply

general rule) of the ART Act,

an application to the ART for review of a decision must be made

within 60 days after the person making the application is served

with notice of the decision.

Note:

A person may, under section 19 of the ART Act, apply to the ART to

extend the period.

(2) Despite subsection 34(1) of the ART Act, an application to the

ART for a review of a decision must be in writing.

(3) An application to the ART for a review of a decision must set out a

statement of the reasons for the application.

(4) Subsection (3) applies in addition to subsection 34(2) of the ART

Act.

Note:

Subsection 34(2) of the ART Act requires applications to include the

information specified for the application in practice directions made

by the President of the ART.

(5) A failure to comply with subsection (3) does not affect the validity

of the application.

165-20 Parties to proceedings for review

Despite paragraph 22(1)(c) of the ART Act:

(a) a person (the

affected person

) whose interests are affected by

an objection decision or an extension of time refusal decision

may apply to become a party to a proceeding for review of

the decision; and

(b) the ART may make the affected person a party to the

proceeding only if the ART is satisfied that the applicant for

review of the decision consents.

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165-25 Giving documents to the ART

(1) Section 23 (decision-maker must give Tribunal reasons and

documents

general rule) of the ART Act does not apply in

relation to an application for review of an objection decision.

(2) Instead, the decision-maker of an objection decision must give the

ART the following documents within 28 days after the ART

notifies the decision-maker of the application for review of the

decision:

(a) a statement giving the reasons for the decision;

(b) the notice of the administrative decision concerned;

(d) the notice of the objection decision;

(e) every other document that is:

(i)

in the Commissioner's possession or under the

Commissioner's control; and

(ii) considered by the Commissioner to be necessary to the

review of the objection decision concerned;

(f) a list of the documents (if any) being given under

paragraph (e).

(3) Section 25 (decision-maker must give Tribunal additional

documents within 28 days

general rule) of the ART Act does not

apply in relation to the ART's review of an objection decision.

(4) Instead, if:

(a)

at any time during the ART's review of an ob

jection decision

a document that is necessary to the review comes into the

possession or under the control of the decision-maker; and

(b) the document has not been given to the ART for the purposes

of the review;

the decision-maker must give a copy of the document to the ART

within 28 days after the day on which the document came into the

possession or under the control of the decision-maker.

(5) In addition to subsection (

4), if, at any time during the ART's

review of an objection decision, the ART is satisfied that

documents that may be relevant to the review are in the possession

or under the control of the decision-maker of the objection

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decision, the Tribunal may require the decision-maker to give a list

of those documents to the Tribunal within a specified period.

(6)

To avoid doubt, the ART's power in

subsection (5) of this section

is in addition to the ART's power in

section 26 (decision-maker

must give Tribunal additional documents on request

general rule)

of the ART Act.

(7) For the purposes of the ART Act:

(a) the requirement to give a statement giving the reasons for the

decision under paragraph (2)(a) of this section is taken to be

the requirement to give a statement of reasons for the

decision under paragraph 23(a) of that Act; and

(b) the requirement to give other documents under

subsection (2), (4) or (5) of this section is taken to be the

requirement to give other documents under Subdivision B of

Division 4 of Part 3 of that Act; and

subsection (2) of this section, is taken to have been given

under paragraph 23(a) of that Act; and

(d) any other document, given under subsection (2), (4) or (5) of

this section, is taken to have been given under Subdivision B

of Division 4 of Part 3 of that Act.

Note:

As a result of this subsection, the decision-maker must, under

section 27 of the ART Act, give a copy of the statement or documents

to each other party to the proceedings within the relevant period. Also,

exceptions under sections 28 and 29 of that Act in relation to giving

documents might apply, and under section 24 of that Act the ART

may order the decision-maker to give the ART further information.

165-30 Grounds of objection and burden of proof

On an application for review of an objection decision:

(a) the applicant is, unless the ART orders otherwise, limited to

the grounds stated in the objection to which the objection

decision relates; and

(b) the applicant has the burden of proving that the

administrative decision concerned should not have been

made or should have been made differently.

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165-35 Implementation of ART decisions

(1) When the decision of the ART on the review of an objection

decision or an extension of time refusal decision becomes final, the

Commissioner must, within 60 days, take such action as is

necessary to give effect to the ART's decision.

(2) For the purposes of subsection (1), if:

(a)

no appeal is lodged against the ART's decision within the

period for lodging an appeal; and

(b) no application to refer a decision of the ART to the guidance

and appeals panel is made within the period for making the

application;

the decision becomes final at the end of the period.

5 Section 165-55

Repeal the section, substitute:

165-55 Reviews may be combined

(1) This section applies if:

(a) an entity may apply to the ART for review of:

(i) an objection decision; and

(ii) one or more other decisions (whether or not of the

Commissioner); and

(b) the decisions are related, or it would be efficient for the ART

to consider the decisions together.

(2) Subject to the requirements of this Act or any other law relating to

review of the decisions:

(a) the entity may apply for review of the decisions together; and

(b) the ART may deal with the decisions together.

6 Section 300-5 (definitions of

AAT Act

and

AAT extension

application

)

Repeal the definitions.

7 Section 300-5

Insert:

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ART

means the Administrative Review Tribunal.

ART Act

means the

Administrative Review Tribunal Act 2024

ART extension application

means an application under section 19

of the ART Act to extend the period during which an application

may be made to the ART for review of an objection decision or an

extension of time refusal decision.

Australian Securities and Investments Commission Act 2001

8 Section 244 (heading)

Omit "

Administrative Appeals Tribunal

", substitute "

Administrative

Review Tribunal

9 Subsection 244(1) (definition of

decision

)

Omit "

Administrative Appeals Tribunal Act 1975

", substitute

Administrative Review Tribunal Act 2024

10 Subsection 244(2)

Omit "Administrative Appeals Tribunal", substitute "Administrative

Review Tribunal".

11 Paragraph 244A(2)(b)

Omit "Administrative Appeals Tribunal", substitute "Administrative

Review Tribunal".

12 Subsection 244A(5)

Omit "

subsection 29(6) of the

Administrative Appeals Tribunal Act

1975

", substitute "

subsection 20(2) of the

Administrative Review

Tribunal Act 2024

13 At the end of section 244A

Add:

(6) To avoid doubt, this section, instead of section 266

(decision-maker to give notice of decision and review rights) of the

Administrative Review Tribunal Act 2024

, applies to the

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requirement to give notice of the making of a decision to which

subsection 244(2) of this Act applies.

Competition and Consumer Act 2010

14 Paragraph 10.85(1)(b)

Omit "Administrative Appeals Tribunal for review of a decision may,

under section 28 of that Act, request a statement that includes reasons

for the decision", substitute "Administrative Review Tribunal for

review of a decision may, under section 268 of that Act, request a

statement of reasons (within the meaning of that Act)".

15 Subsection 10.85(2)

Omit "in relation to a case to which

subsection 28(4) of the

Administrative Appeals Tribunal Act 1975

applies", substitute "if the

person has been given a statement of reasons under the

Administrative

Review Tribunal Act 2024

(see subsection 269(7

) of that Act)".

Corporations Act 2001

16 After subsection 798G(1)

Insert:

(2) Without limiting subsection (1), the market integrity rules may:

(a) provide for applications to be made to the Administrative

Review Tribunal for review of decisions made under the

rules; and

(b) contain provisions that apply:

(i) in addition to the

Administrative Review Tribunal Act

2024

; or

(ii) instead of that Act; or

(iii) contrary to that Act.

17 Subsection 1297(1)

Omit "to sections

41 and 44A of the

Administrative Appeals Tribunal

Act 1975

", substitute "sections

32 and 178 of the

Administrative Review

Tribunal Act 2024

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18 Subsection 1299K(1)

Omit "to sect

ions 41 and 44A of the

Administrative Appeals Tribunal

Act 1975

", substitute "sections

32 and 178 of the

Administrative Review

Tribunal Act 2024

19 Subsection 1317D(5)

Omit "

subsection 29(6) of the

Administrative Appeals Tribunal Act

1975

", substitute "

subsection 20(2) of the

Administrative Review

Tribunal Act 2024

20 At the end of section 1317D

Add:

(6) To avoid doubt, this section, instead of section 266 of the

Administrative Review Tribunal Act 2024

, applies to the

requirement to give notice of the making of a decision to which

section 1317B of this Act applies.

21 Section 1621 (heading)

After "

Administrative Appeals Tribunal

", insert "

or Administrative

Review Tribunal

22 Subsection 1621(1)

After "Administrative Appeals Tribunal", insert "or

Administrative

Review Tribunal".

23 Subsection 1621(4)

After "Administrative Appeals Tribunal", insert "or Administrative

Review Tribunal".

Excise Act 1901

24 Subsection 165A(13)

Omit "Administrative Appeals Tribunal", substitute "Administrative

Review T

ribunal".

Treasury

Schedule 1

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

25 Subsection 165A(14)

Omit "Administrative Appeals Tribunal" (wherever occurring),

substitute "Administrative Review Tribunal".

26 At the end of section 165A

Add:

(15) For the purposes of subsection (14), if:

(a) an application is made to the Administrative Appeals

Tribunal before the day the

Administrative Review Tribunal

Act 2024

commences; and

(b) the application has not been finally determined by the

Administrative Appeals Tribunal or a Court before that day;

subsection (14) applies as if the application had been made to the

Administrative Review Tribunal on the day the application was

made to the Administrative Appeals Tribunal.

Fringe Benefits Tax Assessment Act 1986

27 Subsection 123B(5)

Repeal the subsection.

28 Subsection 136(1) (definition of

Tribunal

)

Repeal the definition.

Income Tax Assessment Act 1936

29 Subsection 202F(2)

Omit "

subsection 41(2) of the

Administrative Appeals Tribunal Act

1975

", substitute "

section 32 of the

Administrative Review Tribunal Act

2024

staying or otherwise affecting the operation or implementation of

the decision".

30 Subsection 202FA(1)

Omit all of the words after "application", substitute "may, subject to the

Administrative Review Tribunal Act 2024

(a) be made to the Tribunal for review of the decision; and

Schedule 1

Treasury

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Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

(b) include a statement to the effect that the person may request a

statement of reasons under that Act.".

Income Tax Assessment Act 1997

31 Subsection 34-33(5)

Repeal the subsection, substitute:

(5) There must also be a statement to the effect that a request may be

made under section 268 of that Act by (or on behalf of) such an

entity for a statement of reasons.

32 Paragraph 355-710(3)(b)

Omit "

Administrative Appeals Tribunal Act 1975

", substitute

Administrative Review Tribunal Act 2024

33 At the end of section 355-710

Add:

(4) For the purposes of subsection (3), paragraph (3)(b) applies as if a

reference to a decision under the

Administrative Review Tribunal

Act 2024

that varies or sets aside a decision covered by

paragraph (3)(a) included a reference to a decision of that kind

made under the

Administrative Appeals Tribunal Act 1975

34 Subsection 376-250(4)

Repeal the subsection, substitute:

(4) There must also be a statement to the effect that a request may be

made under section 268 of that Act by (or on behalf of) such an

entity for a statement of reasons.

35 Subsection 378-85(4)

Repeal the subsection, substitute:

(4) There must also be a statement to the effect that a request may be

made under section 268 of that Act by (or on behalf of) such an

entity for a statement of reasons.

Treasury

Schedule 1

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

36 Subsection 995-1(1) (definition of

AAT

)

Repeal the definition.

37 Subsection 995-1(1)

Insert:

ART

means the Administrative Review Tribunal.

National Consumer Credit Protection Act 2009

38 Subsection 327(1)

Omit "the Administrative Appeals Tribunal for review of a decision

(within the meaning of the

Administrative Appeals Tribunal Act 1975

)",

substitute "the Administrative Review Tr

ibunal for review of a decision

(within the meaning of the

Administrative Review Tribunal Act 2024

)".

39 Subsection 327(1A)

Omit "the Administrative Appeals Tribunal for review of a decision

(within the meaning of the

Administrative Appeals Tribunal Act 1975

)",

substitute "the Administrative Review Tribunal for review of a decision

(within the meaning of the

Administrative Review Tribunal Act 2024

)".

40 Subsection 327(2)

Repeal the subsection.

Payment Times Reporting Act 2020

41 Subsection 53(3) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

Petroleum Excise (Prices) Act 1987

42 Subsection 12(7)

Repeal the subsection, substitute:

Schedule 1

Treasury

Part 1

Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

(7) If, because of the operation of subsection (4), a decision is deemed

to be confirmed, the period within which an application for review

of the decision must be made is 28 days beginning on the day on

which the decision is deemed to be confirmed.

(8) Subsection (7) applies despite section 18 (when to apply

general

rule) of the

Administrative Review Tribunal Act 2024

Retirement Savings Accounts Act 1997

43 Subsections 189(8) and (9)

Repeal the subsections, substitute:

Period for making certain ART applications

(8) If a decision is taken to be confirmed because of subsection (5),

then, despite section 18 (when to apply

general rule) of the

Administrative Review Tribunal Act 2024

, an application to the

Administrative Review Tribunal must be made within 28 days

beginning on the day on which the decision is taken to be

confirmed.

Note:

A person may, under section 19 of that Act, apply to the

Administrative Review Tribunal to extend the period.

Continued operation of decision despite request for review

(9) If a request is made under subsection (1) in respect of a reviewable

decision, section 32 (reviewable decision continues to operate

unless Tribunal orders otherwise) of the

Administrative Review

Tribunal Act 2024

applies as if the making of the request to the

Regulator were the making of an application to the Tribunal for a

review of that decision.

(10) An order must not be made under subsection 32(2) of the

Administrative Review Tribunal Act 2024

in respect of a

reviewable decision except by the Administrative Review Tribunal.

Treasury

Schedule 1

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

Small Superannuation Accounts Act 1995

44 After subsection 58(3)

Insert:

(3A) For the purposes of subsection (3), a reference to the

Administrative Review Tribunal is taken to include a reference to

the Administrative Appeals Tribunal.

45 Section 84

Repeal the section, substitute:

84 Application of the

Administrative Review Tribunal Act 2024

Period for making certain Administrative Review Tribunal

applications

(1) If a decision is taken to be confirmed because of subsection 82(5)

of this Act, then, despite section 18 (when to apply

general rule)

of the

Administrative Review Tribunal Act 2024

, an application to

the Administrative Review Tribunal must be made within 28 days

beginning on the day on which the decision is taken to be

confirmed.

Note:

A person may, under section 19 the

Administrative Review Tribunal

Act 2024

, apply to the Administrative Review Tribunal to extend the

period.

Continued operation of decision despite request for review

(2) If a request is made under subsection 82(1) of this Act in respect of

a reviewable decision, section 32 (reviewable decision continues to

operate unless Tribunal orders otherwise) of the

Administrative

Review Tribunal Act 2024

applies as if the making of the request

were the making of an application to the Administrative Review

Tribunal for a review of that decision.

(3) An order must not be made under subsection 32(2) of the

Administrative Review Tribunal Act 2024

in respect of a

reviewable decision except by the Administrative Review Tribunal.

Schedule 1

Treasury

Part 1

Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Superannuation Industry (Supervision) Act 1993

46 Subsections 344(9) and (10)

Repeal the subsections, substitute:

Period for making certain Administrative Review Tribunal

applications

(9) If a decision is taken to be confirmed because of subsection (5)

then, despite section 18 (when to apply

general rule) of the

Administrative Review Tribunal Act 2024

, an application to the

Administrative Review Tribunal must be made within 28 days

beginning on the day on which the decision is taken to be

confirmed.

Note:

A person may, under section 19 the

Administrative Review Tribunal

Act 2024

, apply to the Administrative Review Tribunal to extend the

period.

Continued operation of decision despite request for review

(10) If a request is made under subsection (1) in respect of a reviewable

decision, section 32 (reviewable decision continues to operate

unless Tribunal orders otherwise) of the

Administrative Review

Tribunal Act 2024

applies as if the making of the request were the

making of an application to the Administrative Review Tribunal

for a review of that decision.

(11) An order must not be made under subsection 32(2) of the

Administrative Review Tribunal Act 2024

in respect of a

reviewable decision except by the Administrative Review Tribunal.

Superannuation (Self Managed Superannuation Funds)

Taxation Act 1987

47 Subsections 16(7) to (9)

Repeal the subsections, substitute:

(7) If a decision is deemed to be confirmed because of subsection (4),

then, despite section 18 (when to apply

general rule) of the

Administrative Review Tribunal Act 2024

, an application to the

Treasury

Schedule 1

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

Administrative Review Tribunal must be made within 28 days

beginning on the day on which the decision is deemed to be

confirmed.

Note:

A person may, under section 19 the

Administrative Review Tribunal

Act 2024

, apply to the Administrative Review Tribunal to extend the

period.

(8) If a request is made under subsection (1) in respect of a reviewable

decision, section 32 (reviewable decision continues to operate

unless Tribunal orders otherwise) of the

Administrative Review

Tribunal Act 2024

applies as if the making of the request were the

making of an application to the Tribunal for a review of that

decision.

(9) An order must not be made under subsection 32(2) of the

Administrative Review Tribunal Act 2024

in respect of a

reviewable decision except by the Administrative Review Tribunal.

(10) Despite section 69 (hearings to be in public unless practice

directions or Tribunal order requires otherwise) of the

Administrative Review Tribunal Act 2024

, the hearing of a

proceeding relating to a reviewable decision before the

Administrative Review Tribunal is to be in private if the party who

made the application requests that it be in private.

Taxation Administration Act 1953

48 Section 14ZQ

Repeal the following definitions:

(a) definition of

AAT

;

(b) definition of

AAT Act

;

AAT extension application

49 Section 14ZQ

Insert:

ART

means the Administrative Review Tribunal.

ART Act

means the

Administrative Review Tribunal Act 2024

Schedule 1

Treasury

Part 1

Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

ART extension application

means an application under section 19

of the ART Act to extend the period during which an application

may be made to the ART for review of a reviewable objection

decision or an extension of time refusal decision.

50 Sections 14ZZA to 14ZZM

Repeal the sections, substitute:

14ZZA ART Act applies subject to this Division

(1) The ART Act applies in relation to:

(a) the review of reviewable objection decisions; and

(b) the review of extension of time refusal decisions; and

subject to this Division.

(2) Subsection (3) applies if the ART President refers to the guidance

and appeals panel under section 128 of the ART Act a decision

made by the ART to affirm, vary or set aside either of the

following decisions (each of which is an

original decision

(a) a reviewable objection decision;

(b) an extension of time refusal decision.

(3) The ART Act, as modified by this Division (other than by the

provisions mentioned in subsection (4)), applies in relation to:

(a) the application for review that is taken to be made under

subsection 130(2) of that Act; and

(b) the review of the decision made by the ART;

in the same way as it applies to the review of, and the application

for review of, the original decision.

(4) The provisions are:

(a) subsections 14ZZB(1) to (4); and

(b) section 14ZZC; and

Treasury

Schedule 1

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

14ZZB Special rules for reviewable objection decisions and

extension of time refusal decisions

(1) Section 268 (requesting reasons for reviewable decision from

decision-maker) of the ART Act does not apply in relation to a

reviewable objection decision that has been taken to have been

made under subsection 14ZYA(3) or 14ZYB(2) of this Act.

(2) Sections 17 (who can apply) and 18 (when to apply

general rule)

of the ART Act do not apply in relation to:

(a) a reviewable objection decision; or

(b) an extension of time refusal decision.

(3) The President of the ART may allow a longer period to make an

application to refer a decision of the ART on the review of a

reviewable objection decision or an extension of time refusal

decision to the guidance and appeals panel under section 125

(when to apply to refer Tribunal decision) of the ART Act only if

the period for making the application has not expired.

(4) If the President of the ART decides to allow a longer period under

section 125 of the ART Act (as modified by subsection (4) of this

section), the President of the ART must notify the Commissioner

as soon as practicable after making the decision.

(5) Section 32 (reviewable decision continues to operate unless

Tribunal orders otherwise) of the ART Act does not apply in

relation to:

(a) a reviewable objection decision; or

(b) an extension of time refusal decision.

(6) However, despite subsection (5), section 32 (reviewable decision

continues to operate unless Tribunal orders otherwise) of the ART

Act applies in relation to a reviewable objection decision that

relates to a small business taxation assessment decision, subject to

the modifications set out in section 14ZZH of this Act.

(7) Section 127 (Tribunal decision continues to operate unless

Tribunal orders otherwise) of the ART Act does not apply in

relation to a reviewable objection decision or an extension of time

refusal decision.

Schedule 1

Treasury

Part 1

Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

(8) Section 1

78 (operation and implementation of Tribunal's decision)

of the ART Act does not apply in relation to a reviewable objection

decision.

14ZZC When and how to apply to the ART

(1) Despite section 18 (when to apply

general rule) of the ART Act,

an application to the ART for review of a reviewable objection

decision must be made within 60 days after the person making the

application is served with notice of the decision.

Note:

A person may, under section 19 of the ART Act, apply to the ART to

extend the period.

(2) Despite subsection 34(1) of the ART Act, an application to the

ART for a review of a decision must be in writing.

(3) An application to the ART for a review of a decision must set out a

statement of the reasons for the application.

(4) Subsection (3) of this section applies in addition to

subsection 34(2) of the ART Act.

Note:

Subsection 34(2) of the ART Act requires applications to include the

information specified for the application in practice directions made

by the President of the ART.

(5) A failure to comply with subsection (3) does not affect the validity

of the application.

14ZZD Parties to proceedings for review

Despite paragraph 22(1)(c) of the ART Act:

(a) a person (the

affected person

) whose interests are affected by

a reviewable objection decision or an extension of time

refusal decision may apply to become a party to a proceeding

for review of the decision; and

(b) the ART may make the affected person a party to the

proceeding only if the ART is satisfied that the applicant for

review of the decision consents.

Treasury

Schedule 1

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

14ZZE Hearings before ART to be held in private if applicant so

requests

Despite section 69 (hearings to be in public unless practice

directions or Tribunal order requires otherwise) of the ART Act,

the hearing of a proceeding before the ART for:

(a) a review of a reviewable objection decision; or

(b) a review of an extension of time refusal decision; or

is to be in private if the party who made the application requests

that it be in private.

14ZZF Giving documents to the ART

(1) Section 23 (decision-maker must give Tribunal reasons and

documents

general rule) of the ART Act does not apply in

relation to an application for review of a reviewable objection

decision.

(2) Instead, the decision-maker of a reviewable objection decision

must give the ART the following documents within 28 days after

the ART notifies the decision-maker of the application for review

of the decision:

(a) a statement giving the reasons for the decision;

(b) the notice of the taxation decision concerned;

(d) the notice of the objection decision;

(e) every other document that is:

(i)

in the Commissioner's possession or under the

Commissioner's con

trol; and

(ii) considered by the Commissioner to be necessary to the

review of the objection decision concerned;

(f) a list of the documents (if any) being given under

paragraph (e).

(3) Section 25 (decision-maker must give Tribunal additional

documents within 28 days

general rule) of the ART Act does not

apply in relation to the ART's review of a reviewable objection

decision.

Schedule 1

Treasury

Part 1

Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

(4) Instead, if:

(a)

at any time during the ART's review of a reviewable

objection decision a document that is necessary to the review

comes into the possession or under the control of the

decision-maker; and

(b) the document has not been given to the ART for the purposes

of the review;

the decision-maker must give a copy of the document to the ART

within 28 days after the day on which the document came into the

possession or under the control of the decision-maker.

(5) In addition to subsection (

4), if, at any time during the ART's

review of a reviewable objection decision, the ART is satisfied that

documents that may be relevant to the review are in the possession

or under the control of the decision-maker of the reviewable

objection decision, the Tribunal may require the decision-maker to

give a list of those documents to the Tribunal within a specified

period.

(6) To avoid d

oubt, the ART's power in

subsection (5) of this section

is in addition to the ART's power in

section 26 (decision-maker

must give Tribunal additional documents on request

general rule)

of the ART Act.

(7) For the purposes of the ART Act:

(a) the requirement to give a statement giving the reasons for the

decision under paragraph (2)(a) of this section is taken to be

the requirement to give a statement of reasons for the

decision under paragraph 23(a) of that Act; and

(b) the requirement to give other documents under

subsection (2), (4) or (5) of this section is taken to be the

requirement to give other documents under Subdivision B of

Division 4 of Part 3 of that Act; and

subsection (2) of this section, is taken to have been given

under paragraph 23(a) of that Act; and

(d) any other document, given under subsection (2), (4) or (5) of

this section, is taken to have been given under Subdivision B

of Division 4 of Part 3 of that Act.

Treasury

Schedule 1

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

Note:

As a result of this subsection, the decision-maker must, under

section 27 of the ART Act, give a copy of the statement or documents

to each other party to the proceedings within the relevant period. Also,

exceptions under sections 28 and 29 of that Act in relation to giving

documents might apply, and under section 24 of that Act the ART

may order the decision-maker to give the ART further information.

14ZZH Limitation on orders staying or affecting reviewable

objection decisions relating to small business taxation

assessment decisions

(1) This section applies if:

(a) a party to a proceeding for review of a reviewable objection

decision that relates to a small business taxation assessment

decision applies for:

(i) an order staying or otherwise affecting the operation or

implementation of the decision; or

(ii) an order varying or revoking such an order; and

(b) the party requesting the order is not the Commissioner of

Taxation.

(2) Despite the ART Act, the ART must not make the order unless the

party satisfies the ART that, when considered in the context of both

the particular circumstances of the decision under review and the

overall taxation system, the application for review and the request

for making the order are not frivolous, vexatious, misconceived,

lacking in substance or otherwise intended to unduly impede,

prejudice or restrict the proper administration or operation of a

taxation law.

Note 1:

The kind of orders that the ART may make include the following:

(a) an order directing the Commissioner not to sue in a court to

recover a specified amount relating to the reviewable objection

decision (see subsection 255-5(2) of Schedule 1 to this Act);

(b) an order directing the Commissioner to offer or accept payment

of a liability relating to the reviewable objection decision by

instalments under a specified arrangement (see section 255-15 of

Schedule 1 to this Act);

written notices to specified third parties who owe or may later

owe money to the applicant as a means of recovering a liability

relating to the reviewable objection decision (see section 260-5

of Schedule 1 to this Act).

Schedule 1

Treasury

Part 1

Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Note 2:

However, an order that would materially and permanently alter the

decision under review would not be an order staying or otherwise

affecting the operation or implementation of such a decision for the

purpose of securing the effectiveness of the hearing and determination

of the application for review. For example:

(a) an order directing the Commissioner to defer the time at which a

tax liability becomes due and payable; or

(b) an order directing the Commissioner to remit the imposition of

interest charges on unpaid liabilities that are due and payable.

14ZZJ Publishing ART decisions

(1) This section applies in relation to:

(a) a review of a reviewable objection decision; and

(b) a review of an extension of time refusal decision; and

(2) If:

(a) a hearing of a proceeding for the review of the decision or the

application is not conducted in public; and

(b) a notice of appeal has not been lodged with the Federal

Court;

the ART must ensure, as far as practicable, that its decision and the

reasons for it are framed so as not to be likely to enable the

identification of the person who made the application.

14ZZK Grounds of objection and burden of proof

On an application for review of a reviewable objection decision:

(a) the applicant is, unless the ART orders otherwise, limited to

the grounds stated in the taxation objection to which the

decision relates; and

(b) the applicant has the burden of proving:

(i) if the taxation decision concerned is an assessment

that the assessment is excessive or otherwise incorrect

and what the assessment should have been; or

(ii) in any other case

that the taxation decision concerned

should not have been made or should have been made

differently.

Treasury

Schedule 1

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

14ZZL Implementation of ART decisions

(1) When the decision of the ART on the review of a reviewable

objection decision or an extension of time refusal decision

becomes final, the Commissioner must, within 60 days, take such

action, including amending any assessment or determination

concerned, as is necessary to give effect to the decision.

(2) For the purposes of subsection (1), if:

(a)

no appeal is lodged against the ART's decision within the

period for lodging an appeal; and

(b) no application to refer a decision of the ART to the guidance

and appeals panel is made within the period for making the

application;

the decision becomes final at the end of the period.

14ZZM Pending review not to affect implementation of taxation

decisions

(1) The fact that a review is pending in relation to a taxation decision

does not in the meantime interfere with, or affect, the decision and

any tax, additional tax or other amount may be recovered as if no

review were pending.

(2) However, the application of subsection (1) in relation to a small

business taxation assessment decision is subject to any order made

under subsection 32(2) of the ART Act.

Note:

An order made under subsection 32(2) of the ART Act is subject to

section 14ZZH (limitation on orders staying or affecting reviewable

objection decisions relating to small business taxation assessment

decisions) of this Act.

Schedule 1

Treasury

Part 2

Bulk amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Part

2--Bulk amendments

A New Tax System (Australian Business Number) Act 1999

51 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

30(3)(c)(iv)

Administrative Appeals Tribunal

Administrative Review Tribunal

ASIC Supervisory Cost Recovery Levy (Collection) Act 2017

52 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

22 (heading) Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

Australian Small Business and Family Enterprise

Ombudsman Act 2015

53 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

92 (heading) Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

Treasury

Schedule 1

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

Business Names Registration Act 2011

54 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision Omit

Substitute

58(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

58(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

Business Names Registration (Transitional and

Consequential Provisions) Act 2011

55 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

29(1),

Schedule 1,

Administrative Appeals Tribunal Administrative Review Tribunal

29(3),

Schedule 1,

Administrative Appeals Tribunal Administrative Review Tribunal

Commonwealth Registers Act 2020

56 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

22(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 1

Treasury

Part 2

Bulk amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Competition and Consumer Act 2010

57 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

53ZD(1)(e)(iii

)

Administrative Appeals

Tribunal

Administrative Review Tribunal

56BH(4)

Administrative Appeals

Tribunal

Administrative Review Tribunal

56BH(4)

(note)

AAT review

review by the Administrative

Review Tribunal

56BJ(d)

Administrative Appeals

Tribunal

Administrative Review Tribunal

56CB

Administrative Appeals

Tribunal

Administrative Review Tribunal

56CB (note)

AAT review

review by the Administrative

Review Tribunal

56GD(5)

Administrative Appeals

Tribunal

Administrative Review Tribunal

95ZC(6)

Administrative Appeals

Tribunal

Administrative Review Tribunal

10.84(1)

Administrative Appeals

Tribunal

Administrative Review Tribunal

10.84(2)

(definition of

decision)

Administrative Appeals

Tribunal Act 1975

Administrative Review Tribunal

Act 2024

10.85(1)(a)

Administrative Appeals

Tribunal under

Administrative Review Tribunal

under

10.85(1)(a)

Administrative Appeals

Tribunal Act 1975

Administrative Review Tribunal

Act 2024

Treasury

Schedule 1

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

Corporations Act 2001

58 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

9(1)

(definition

of Tribunal)

Administrative Appeals Tribunal

Administrative Review Tribunal

164(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

164(4)

Administrative Appeals Tribunal

Administrative Review Tribunal

164(7)

(note)

Administrative Appeals Tribunal

Administrative Review Tribunal

656A(1)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

657C(2)

(note)

Administrative Appeals Tribunal

Administrative Review Tribunal

657EA(1)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Part 9.4A

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

1317A

(definition

of decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

1317B(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

1349(5)(d)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

1577(3)

(definition

of relevant

body)

Administrative Appeals Tribunal

Administrative Review Tribunal

20-1,

Schedule 2

Administrative Appeals Tribunal

Administrative Review Tribunal

40-1,

Schedule 2

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 1

Treasury

Part 2

Bulk amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Crimes (Taxation Offences) Act 1980

59 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

14(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

15(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

17(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

18(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

19(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

20(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

Excise Act 1901

60 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

162C(5)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Financial Regulator Assessment Authority Act 2021

61 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

45(4)

Administrative Appeals Tribunal

Administrative Review Tribunal

Treasury

Schedule 1

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

Financial Sector (Transfer and Restructure) Act 1999

62 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

Income Tax Assessment Act 1936

63 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

6(1) (definition

of Tribunal)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

Income Tax Assessment Act 1997

64 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

34-33(4)

Administrative Appeals

Tribunal Act 1975

Administrative Review Tribunal

Act 2024

34-33(4)

AAT

ART

34-40

(heading)

Administrative Appeals

Tribunal

Administrative Review Tribunal

34-40

AAT

ART

40-675

AAT

ART

40-675

Administrative Appeals

Tribunal Act 1975

Administrative Review Tribunal

Act 2024

Schedule 1

Treasury

Part 2

Bulk amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

40-1010(7)

AAT

ART

40-1010(7)

Administrative Appeals

Tribunal Act 1975

Administrative Review Tribunal

Act 2024

376-245(6)(b)

AAT

ART

376-250(3)

Administrative Appeals

Tribunal Act 1975

Administrative Review Tribunal

Act 2024

376-250(3)

AAT

ART

376-255

(heading)

Administrative Appeals

Tribunal

Administrative Review Tribunal

376-255

AAT

ART

378-70(4)(b)

AAT

ART

378-85(3)

Administrative Appeals

Tribunal Act 1975

Administrative Review Tribunal

Act 2024

378-85(3)

AAT

ART

378-90

(heading)

Administrative Appeals

Tribunal

Administrative Review Tribunal

378-90

AAT

ART

415-85

AAT

ART

National Consumer Credit Protection Act 2009

65 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

212

Administrative Appeals Tribunal Administrative Review Tribunal

323

AAT

ART

327

(heading)

Administrative Appeals Tribunal Administrative Review Tribunal

327(1)(i)

Administrative Appeals Tribunal Administrative Review Tribunal

328(2)(b)

Administrative Appeals Tribunal Administrative Review Tribunal

Treasury

Schedule 1

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

Payment Times Reporting Act 2020

66 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

54 (heading)

Administrative Appeals Tribunal Administrative Review Tribunal

Petroleum Excise (Prices) Act 1987

67 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

12(6)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

12(6)

Administrative Appeals Tribunal

for

Administrative Review Tribunal

for

13(1)(b)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

13(1)(b)

Administrative Appeals Tribunal

for

Administrative Review Tribunal

for

13(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

13(2)

Administrative Appeals Tribunal

for

Administrative Review Tribunal

for

Petroleum Resource Rent Tax Assessment Act 1987

68 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Schedule 1

Treasury

Part 2

Bulk amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

2 (definition

of Tribunal)

Administrative Appeals

Tribunal

Administrative Review Tribunal

20(10)

Administrative Appeals

Tribunal Act 1975

Administrative Review Tribunal

Act 2024

Retirement Savings Accounts Act 1997

69 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

67AA(5)(b) Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

189(7)

(heading)

AAT

ART

189(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

190(1)(b)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

190(1)(b)

Administrative Appeals Tribunal

for

Administrative Review Tribunal

for

190(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

190(2)

Administrative Appeals Tribunal

for

Administrative Review Tribunal

for

Small Superannuation Accounts Act 1995

70 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Treasury

Schedule 1

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

Amendments

Provision

Omit

Substitute

58(3)(b)(ii)

Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

(heading)

AAT

ART

Administrative Appeals Tribunal

Administrative Review Tribunal

85(1)(b)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

85(1)(b)

Administrative Appeals Tribunal

for

Administrative Review Tribunal

for

85(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

85(2)

Administrative Appeals Tribunal

for

Administrative Review Tribunal

for

Superannuation Industry (Supervision) Act 1993

71 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

126L(5)(c)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

130F(7)(b)

Administrative Appeals Tribunal

Administrative Review Tribunal

131(4B)(b)

Administrative Appeals Tribunal

Administrative Review Tribunal

131EE(1)

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

131EE(1)(b) Administrative Appeals Tribunal

Administrative Review Tribunal

344(8)

(heading)

AAT

ART

344(8)

Administrative Appeals Tribunal

Administrative Review Tribunal

345(1)(b)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Schedule 1

Treasury

Part 2

Bulk amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

345(1)(b)

Administrative Appeals Tribunal

for

Administrative Review Tribunal

for

345(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

345(2)

Administrative Appeals Tribunal

for

Administrative Review Tribunal

for

Superannuation (Self Managed Superannuation Funds)

Taxation Act 1987

72 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

16(6)

Administrative Appeals Tribunal

Administrative Review Tribunal

17(1)(b)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

17(1)(b)

Administrative Appeals Tribunal

for

Administrative Review Tribunal

for

17(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

17(2)

Administrative Appeals Tribunal

for

Administrative Review Tribunal

for

Tax Agent Services Act 2009

73 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision Omit

Substitute

70-1

Administrative Appeals Tribunal

Administrative Review Tribunal

Treasury

Schedule 1

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

Amendments

Provision Omit

Substitute

70-10

Administrative Appeals Tribunal

Administrative Review Tribunal

70-30(2)

Administrative Appeals Tribunal

Administrative Review Tribunal

Taxation Administration Act 1953

74 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

2(1) (definition of

Tribunal)

Administrative Appeals

Tribunal

Administrative Review Tribunal

14Y(2)

Administrative Appeals

Tribunal Act 1975

Administrative Review Tribunal

Act 2024

Division 4,

Part IVC (heading)

AAT

ART

265-115(2)(b)(i),

Schedule 1

AAT

ART

284-15(3)(c),

Schedule 1

AAT

Administrative Appeals

Tribunal, the

ART

Taxation (Interest on Overpayments and Early Payments)

Act 1983

75 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

3(1) (definition of

Tribunal)

Administrative Appeals

Tribunal

Administrative Review Tribunal

3(1) (paragraph (b)

of the definition of

the Tribunal

the Tribunal or the Administrative

Appeals Tribunal

Home Affairs

Schedule 2

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

Schedule

2--Home Affairs

Part

1--Main amendments

Immigration (Guardianship of Children) Act 1946

1 At the end of subsection 11A(6)

Add:

Note:

Section 266 of the

Administrative Review Tribunal Act 2024

requires a

decision-maker to take reasonable steps to notify persons whose

interests are affected by the decision of the making of the decision and

their right to have the decision reviewed.

2 Section 11B

Repeal the section.

Maritime Transport and Offshore Facilities Security Act

2003

3 Section 201 (note)

Repeal the note, substitute:

Note:

Section 266 of the

Administrative Review Tribunal Act 2024

requires

the decision-maker to notify persons whose interests are affected by

the decision of the making of the decision and their right to have the

decision reviewed.

Migration Act 1958

4 Subsection 5(1) (definition of

AAT Act migration decision

)

Repeal the definition.

5 Subsection 5(1)

Insert:

ART

means the Administrative Review Tribunal.

ART Act

means the

Administrative Review Tribunal Act 2024

Schedule 2

Home Affairs

Part 1

Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

ART Act migration decision

: see section 474A.

ART member

means a member of the ART.

ART practice directions

means practice directions made under

section 36 of the ART Act.

ART Principal Registrar

means the Principal Registrar within the

meaning of the ART Act.

6 Subsection 5(1)

Repeal the following definitions:

(a) definition of

excluded fast track review applicant

;

(b) definition of

fast track applicant

;

fast track decision

;

(d) definition of

fast track reviewable decision

;

(e) definition of

fast track review applicant

7 Subsection 5(1) (definition of

finally determined

)

Repeal the definition, substitute:

finally determined

: for when an application under this Act is

finally determined

, see section 11A.

8 Subsection 5(1) (definition of

Immigration Assessment

Authority

)

Repeal the definition.

9 Subsection 5(1) (paragraph (d) of the definition of

migration

decision

)

Repeal the paragraph, substitute:

(d) an ART Act migration decision.

10 Subsection 5(1)

Repeal the following definitions:

(a) definition of

Part 5-reviewable decision

;

(b) definition of

Part 7-reviewable decision

;

referred applicant

Home Affairs

Schedule 2

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

11 Subsection 5(1)

Insert:

reviewable migration decision

: see section 338.

reviewable protection decision

: see section 338A.

12 Subsection 5(1) (definition of

Tribunal

)

Repeal the definition.

13 Subsections 5(1AA), (1AB), (1AC) and (1AD)

Repeal the subsections.

14 Subsections 5(9), (9A) and (9B)

Repeal the subsections.

15 After section 11

Insert:

11A When applications under this Act are finally determined

(1) An application under this Act is

finally determined

when:

(a) a decision that has been made in respect of the application is

not, or is no longer, subject to any form of review by

application to the ART under Part 5; or

(b) a decision that has been made in respect of the application

was subject to some form of review by application to the

ART under Part 5 but the period within which such a review

could be instituted has ended without a review having been

instituted as prescribed.

(2) If a review of a decision that has been made in respect of an

application under this Act is instituted by application to the ART

under Part 5 as prescribed, the application is

finally determined

when a decision on review in respect of the application is taken to

have been made as provided by the following provisions:

(a) if the decision on review is made under section 105 of the

ART Act or paragraph 368C(3)(b) or subsection 368C(5) of

this Act

section 368 of this Act;

Schedule 2

Home Affairs

Part 1

Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

(b) if the application for review is dismissed under the ART Act

and an application for reinstatement cannot be made under

section 368C of this Act

section 368B of this Act.

(3) However, subsection (2) does not apply in relation to a decision of

the ART to remit a reviewable migration decision or a reviewable

protection decision under subsection 349(2).

16 Paragraph 57(1)(a)

Repeal the paragraph, substitute:

(a) would be the reason, or part of the reason for refusing to

grant a visa; and

17 Subsection 57(1) (note)

Repeal the note.

18 Subsection 65(1) (note 3)

Repeal the note.

19 Paragraph 66(2)(d)

Omit "under Part

5 or 7", substitute "by application under Part

5".

20 Subparagraph 66(2)(d)(iv)

Omit "made;", substitute "made.".

21 Paragraphs 66(2)(e) and (f)

Repeal the paragraphs.

22 Paragraph 66(3)(b)

Omit "or 7".

23 At the end of section 66 (after the note)

Add:

(6) Section 267 (decision-maker must have regard to rules when

giving notice of decision) of the ART Act does not apply in

relation to notifications given under this section.

Home Affairs

Schedule 2

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

(7) Section 268 (requesting reasons for a reviewable decision from

decision-maker) of the ART Act does not apply in relation to

decisions to refuse to grant a visa.

24 Paragraph 91G(2)(a)

Omit "Administrative

Appeals Tribunal", substitute "ART".

25 Section 99

Omit "Tribunal, or the Immigration Assessment Authority", substitute

"ART".

26 Section 103

Omit ", the Immigration Assessment Authority, or the Tribunal",

substitute "or the ART".

27 Paragraphs 109(3)(c) and (d)

Omit "or 7".

28 Subsection 114(1)

Omit "Administrative Appeals Tribunal", substitute "ART".

29 Paragraph 127(2)(b)

Repeal the paragraph.

30 Paragraph 127(2)(c)

Omit "under Part

5 or 7", substitute "by application under Part

5".

31 Subparagraph 127(2)(c)(i)

After "reviewed", insert "by the ART".

32 At the end of section 127

Add:

(4) Section 267 (decision-maker must have regard to rules when

giving notice of decision) of the ART Act does not apply in

relation to notifications given under this section.

Schedule 2

Home Affairs

Part 1

Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

(5) Section 268 (requesting reasons for a reviewable decision from

decision-maker) of the ART Act does not apply in relation to

decisions to cancel a visa.

33 Subsection 133A(1)

Omit "Administrative Appeals Tribunal or the former Migr

ation

Review Tribunal or former Refugee Review Tribunal,", substitute

"ART, former Administrative Appeals Tribunal, former Migration

Review Tribunal or former Refugee Review Tribunal".

34 Paragraph 133A(5)(c)

Omit "Administrative Appeals Tribunal or the f

ormer Migration

Review Tribunal or former Refugee Review Tribunal,", substitute

"ART, former Administrative Appeals Tribunal, former Migration

Review Tribunal or former Refugee Review Tribunal".

35 Subsection 133A(9)

Omit "a Tribunal", substitute "the ART

, former Administrative Appeals

Tribunal, former Migration Review Tribunal or former Refugee Review

Tribunal".

36 Subsection 133C(1)

Omit "Administrative Appeals Tribunal or the former Migration

Review Tribunal or former Refugee Review Tribunal,", substit

ute

"ART, former Administrative Appeals Tribunal, former Migration

Review Tribunal or former Refugee Review Tribunal".

37 Paragraph 133C(5)(c)

Omit "Administrative Appeals Tribunal or the former Migration

Review Tribunal or former Refugee Review Tribunal,

", substitute

"ART, former Administrative Appeals Tribunal, former Migration

Review Tribunal or former Refugee Review Tribunal".

38 Subsection 133C(10)

Omit "a Tribunal", substitute "the ART, former Administrative Appeals

Tribunal, former Migration Review Tribunal or former Refugee Review

Tribunal".

Home Affairs

Schedule 2

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

39 Subsection 134(6)

Omit "Administrative Appeals Tribunal", substitute "ART".

40 Paragraph 134(7)(b)

Omit "Administrative Appeals Tribunal", substitute "ART".

41 After subsection 134(7A)

Insert:

(7B) Section 267 (decision-maker must have regard to rules when

giving notice of decision) of the ART Act does not apply in

relation to notices given under subsection (7).

42 Subsection 134(8)

Omit "Administrative Appeals Tribunal" (wherever occurring),

substi

tute "ART".

43 Section 136

Omit "Application may be made to the Administrative Appeals

Tribunal", substitute "An application may be made to the ART".

44 Subparagraph 137M(2)(b)(i)

Omit "under Part

5", substitute "by the ART".

45 At the end of section 137M

Add:

(4) Section 267 (decision-maker must have regard to rules when

giving notice of decision) of the ART Act does not apply in

relation to notices given under this section.

(5) Section 268 (requesting reasons for a reviewable decision from

decision-maker) of the ART Act does not apply in relation to a

decision to not to revoke a cancellation under section 137L.

46 Paragraph 137S(1)(b)

Repeal the paragraph.

Schedule 2

Home Affairs

Part 1

Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

47 Paragraph 137S(1)(c)

After "reviewable", insert "by application under".

48 At the end of section 137S

Add:

(3) Section 267 (decision-maker must have regard to rules when

giving notice of decision) of the ART Act does not apply in

relation to notices given under this section.

(4) Section 268 (requesting reasons for a reviewable decision from

decision-maker) of the ART Act does not apply in relation to a

decision to cancel a visa under section 137Q.

49 Subsection 137T(2)

Omit "under Part

5", substitute "under the ART Act".

50 Paragraph 178(2)(b)

Omit ", 351 or 417", substitute "or 351".

51 Paragraph 197D(4)(c)

Omit "under Part

7", substitute "by the ART".

52 Paragraph 197D(6)(a)

Omit "Part

7", substitute "Part

5".

53 Paragraph 197D(6)(a)

Omit "a valid application for review having been", substitute "an

application for review having been

properly made".

54 Paragraph 197D(6)(b)

Omit "a valid application for review of the decision under Part

7 was",

substitute "an application for review of the decision under Part

5 was

properly".

55 Paragraph 197D(6)(c)

Omit "under Part

7", substitute "by the ART".

Home Affairs

Schedule 2

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

56 At the end of section 197D

Add:

(7) Section 268 (requesting reasons for a reviewable decision from

decision-maker) of the ART Act does not apply in relation to a

decision under subsection (2) of this section.

57 Paragraph 202(2)(c)

Omit "Tr

ibunal for a review of the security assessment before the end of

30 days after the receipt by the non-citizen of notice of the assessment

and the Tribunal", substitute "ART for a review of the security

assessment and the ART".

58 Paragraph 202(3)

Omit "Tribunal" (wherever occurring), substitute "ART".

59 Subsection 202(5)

Repeal the subsection, substitute:

(5) Section 19 (ART may extend period) of the ART Act does not

apply in relation to an application to the ART for a review of an

adverse security assessment made for the purposes of

subsection (1) of this section.

60 Paragraph 261AKD(2)(c)

Omit "the Tribunal or another tribunal, or the Immigration Assessment

Authority,", substitute "the ART or another tribunal,".

61 Section 268AA (definition of

tribunal member

)

Repeal the definition.

62 Section 268BP (heading)

Omit "

tribunal member

", substitute "

ART member

63 Subsection 268BP(1)

Omit "tribunal member", substitute "ART member".

Schedule 2

Home Affairs

Part 1

Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

64 Paragraph 268BP(2)(b)

Omit "tribunal member", substitute "ART member".

65 Section 268BQ (heading)

Omit "

tribunal member

", substitute "

ART member

66 Subsection 268BQ(1)

Omit "tribunal member"(wherever occurring), substitute "ART

member".

67 Subsections 268CD(1) and (2)

Omit "tribunal member", substitute "ART member".

68 Section 268CE (heading)

Omit "

tribunal member

", substitute "

ART member

69 Section 268CE

Omit "tribunal member", substitute "ART member".

70 Section 268CF (heading)

Omit "

tribunal member

", substitute "

ART member

71 Subsection 268CF(1)

Omit "tribunal member" (wherever occurring), substitute "ART

member".

72 Subsection 268CF(3)

Omit "tribunal member", substitute "ART member".

73 Subsection 268CQ(1)

Omit "tribunal member", substitute "ART member".

74 Paragraph 268CT(1)(b)

Omit "tribunal member", substitute "ART member".

75 Subsection 268CT(2)

Omit "tribunal member", substitute "ART member".

Home Affairs

Schedule 2

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

76 Section 268CU (heading)

Omit "

tribunal member

", substitute "

ART member

77 Subsection 268CU(1)

Omit "tribunal member" (wherever occurring), substitute "ART

member".

78 Subsections 268CZC(1) and (2)

Omit "tribunal member", substitute "ART member".

79 Section 268CZD (heading)

Omit "

tribunal member

", substitute "

ART member

80 Subsection 268CZD(1)

Omit "tribunal member" (first occurring), substitute "ART member".

81 Paragraph 268CZD(1)(b)

Omit "tribunal member", substitute "ART member".

82 Subsection 268CZD(2)

Omit "tribunal member" (wherever occurring), substitute "ART

member".

83 Subsection 268CZE(1)

Omit "tribunal member" (wherever occurring), substitute "ART

member".

84 Subsection 268CZE(2)

Omit "tribunal member", substitute "ART member".

85 Paragraph 268CZE(3)(a)

Omit "tribunal member", substitute "ART member".

86 Paragraph 268CZE(3)(b)

Omit "tribunal member's", substitute "ART member's".

Schedule 2

Home Affairs

Part 1

Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

87 Subsection 268CZF(1)

Omit "tribunal member", substitute "ART member".

88 Subsection 268CZF(3)

Omit "tribunal member" (wherever occurring), substitute "ART

member".

89 Section 268CZH

Omit "tribunal member", substitute "ART member".

90 Subsection 271(4) (paragraphs (b) and (c) of the definition

migration proceedings

)

Repeal the paragraphs, substitute:

(b) proceedings in the ART for the review of a decision under

this Act, including a decision to make a deportation order.

91 Section 275 (definition of

review authority

)

Repeal the definition.

92 Paragraphs 276(1)(c) and (d)

Omit "review authority", substitute "the ART".

93 Paragraph 276(2)(c)

Omit "review authority", substitute "the ART".

94 Paragraph 276(2A)(a)

Omit ", 417".

95 Subsection 278A(10) (heading)

Omit "

Administrative Appeals Tribunal

", substitute "

ART

96 Subsection 278A(10)

Omit "Applications may be made to the Administrative Appeals

Tribunal", substitute "An application may be made to the ART".

97 Subsection 278A(10) (note)

Repeal the note, substitute:

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Note:

The ART Act requires that reasonable steps be taken to notify people

whose interests are affected by reviewable decisions of the Authority

of their rights to seek review of the decision.

98 Paragraph 282(4)(e)

Omit ", 417".

99 Paragraph 288(6A)(c)

Omit "

Administrative Appeals Tribunal Act 1975

", substitute "ART

Act".

100 Section 295 (note)

Repeal the note, substitute:

Note:

The applicant may apply to the ART for review of the decision: see

section 306 of this Act. The ART Act requires that reasonable steps be

taken to notify people whose interests are affected by the Authority's

decision of their rights to seek review of the decision.

101 Paragraphs 300(2)(b) and (3)(a) and (b)

Omit "Administrative Appeals Tribunal", substitute

"ART".

102 Section 306

Repeal the section, substitute:

306 Review by the ART

Subject to the ART Act, an application may be made to the ART

for review of a decision by the Migration Agents Registration

Authority made under this Division.

103 Section 306AA

Omit "Administrative Appeals Tribunal", substitute "ART".

104 Section 311F

Repeal the section, substitute:

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311F Review by the ART

Subject to the ART Act, an application may be made to the ART

for review of a decision by the Migration Agents Registration

Authority under subsection 311A(1).

105 Subsection 312B(1)

Omit "review authority concerned", substitute "ART".

106 Subsection 312B(3) (definition of

review application

)

Omit "a review authority", substitute "the ART".

107 Paragraph 321A(1)(b)

Repeal the paragraph, substitute:

(b) the ART.

108 Subsection 332F(1)

Omit "a review authority", substitute "the ART".

109 Subsection 332F(3)

Omit "review authority", substitute "ART".

110 Section 332G (heading)

Omit "

a review authority

", substitute "

the ART

111 Subsection 332G(1)

Omit "A review authority", substitute "The ART".

112 Subsections 332G(2) and (4)

Omit "a review authority", substitute "the ART".

113 Subsection 332G(4)

Omit "the review authority", substitute "the ART".

114 Subsection 332G(5) (definition of

review application

)

Omit "a review authority", substitute "the ART".

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115 Paragraph 336E(2)(f)

Omit "the Tribunal or

another tribunal, or the Immigration Assessment

Authority,", substitute "the ART or another tribunal,".

116 Subsection 336F(5) (note)

Omit "sub

section 5

(9)", substitute "

section 1

1A".

117 Part 5 (heading)

Repeal the heading, substitute:

Part

5--Reviewable migration decisions and

reviewable protection decisions

118 Division 1 of Part 5 (heading)

Repeal the heading, substitute:

Division

1--Preliminary

119 Section 336M

Repeal the section, substitute:

336M Simplified outline of this Part

This Part provides for the review of reviewable migration decision

and reviewable protection decisions by the ART (short for the

Administrative Review Tribunal).

Such decisions relate to the grant or cancellation of visas in some

circumstances and to decisions under subsection 197D(2) (decision

that protection finding would no longer be made). They do not

include decisions in relation to which the Minister has given a

conclusive certificate.

120 Section 336N

Repeal the section, substitute:

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336N Scope of this Part

This Part applies in relation to the review by the ART of

reviewable migration decisions and reviewable protection

decisions.

Note:

ART stands for Administrative Review Tribunal (see subsection 5(1)).

336P Interaction with the ART Act

(1) Subject to section 357A of this Act, the ART Act applies in

relation to a review by the ART of reviewable migration decisions

and reviewable protection decisions unless this Part expressly

provides otherwise.

(2) The following provisions of the ART Act do not apply in relation

to the review by the ART of reviewable migration decisions or

reviewable protection decisions:

(a) paragraph 21(2)(b) (notice of application to decision-maker);

(b) paragraph 21(2)(c) (notice of application to other persons

made a party to the proceedings);

become a party);

(d) section 23 (decision-maker must give Tribunal reasons and

documents

general rule);

(e) section 24 (decision-maker must give Tribunal additional

statement if Tribunal requires

general rule);

(f) section 25 (decision-maker must give Tribunal additional

documents within 28 days

general rule);

(g) section 27 (decision-maker must give copies of reasons and

documents to other parties

general rule);

(h) section 32 (reviewable decision continues to operate unless

Tribunal orders otherwise);

(i) section 85 (tribunal may remit decision to decision-maker for

reconsideration);

(j) section 103 (if parties reach agreement

review of decisions

only);

(k) section 107 (whe

n Tribunal's decision on review comes into

operation);

(l) section 294 (legal or financial assistance).

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Note:

Other provisions of this Part turn off or otherwise modify the

operation of other provisions of the ART Act.

121 Section 337 (definition of

decision on a review

)

Repeal the definition, substitute:

decision on a review

means any of the following decisions of the

ART in relation to an application for review of a reviewable

migration decision or a reviewable protection decision:

(a) a decision under section 105 of the ART Act to affirm the

decision;

(b) a decision under section 105 of the ART Act to vary the

decision;

matter in relation to the decision for reconsideration;

(d) a decision under section 105 of the ART Act to set the

decision aside and substitute a new decision;

(e) a decision under paragraph 368C(3)(b) or subsection 368C(5)

of this Act to confirm a decision to dismiss the application.

122 Section 337

Repeal the following definitions:

(a) definition of

member

;

(b) definition of

officer of the Tribunal

;

Part 5-reviewable decision

;

(d) definition of

Registrar

123 Section 337 (note)

Repeal the note.

124 Division 2 of Part 5

Repeal the heading.

125 Section 338 (heading)

Repeal the heading, substitute:

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338 Meaning of

reviewable migration decision

126 Subsection 338(1)

Omit "

Part 5-reviewable decision

", substitute "

reviewable migration

decision

127 Paragraph 338(1)(b)

Repeal the paragraph, substitute:

(b) the decision is a reviewable protection decision; or

128 Paragraph 338(1)(c)

Omit "visa; or", substitute "visa.".

129 Paragraph 338(1)(d)

Repeal the paragraph.

130 Subsections 338(2) to (3A)

Omit "

Part 5-reviewable decision

", substitute "

reviewable migration

decision

131 Subsection 338(4)

Omit "

Part 5-reviewable decisions

", substitute "

reviewable migration

decisions

132 Subsections 338(5) to (9)

Omit "

Part 5-reviewable decision

", substitute "

reviewable migration

decision

133 After section 338

Insert:

338A Meaning of

reviewable protection decision

(1) Subject to subsection (2), the following decisions are

reviewable

protection decisions

(a) a decision, made before 1 September 1994, that a non-citizen

is not a refugee under the Refugees Convention as amended

by the Refugees Protocol (other than such a decision made

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after a review by the Minister of an earlier decision that the

person was not such a refugee);

(b) a decision, made before 1 September 1994, to refuse to grant,

or to cancel, a visa, or entry permit (within the meaning of

this Act as in force immediately before that date), a criterion

for which is that the applicant for it is a non-citizen who has

been determined to be a refugee under the Refugees

Convention as amended by the Refugees Protocol (other than

such a decision made under the Migration (Review) (1993)

Regulations or under the repealed Part 2A of the Migration

(Review) Regulations);

decision that was made relying on:

(i) subsection 5H(2), or 36(1B) or (1C); or

(ii) paragraph 36(2C)(a) or (b);

(d) a decision to cancel a protection visa, other than a decision

that was made because of:

(i) subsection 5H(2) or 36(1C); or

(ii) an assessment by the Australian Security Intelligence

Organisation that the holder of the visa is directly or

indirectly a risk to security (within the meaning of

section 4 of the

Australian Security Intelligence

Organisation Act 1979

); or

(iii) paragraph 36(2C)(a) or (b);

(e) a decision under subsection 197D(2) that an unlawful

non-citizen is no longer a person in respect of whom a

protection finding within the meaning of subsection 197C(4),

(5), (6) or (7) would be made.

(2) The following decisions are not

reviewable protection decisions

(a) decisions in relation to which the Minister has issued a

conclusive certificate under section 339;

(b) any decision to cancel a protection visa that is made

personally by the Minister;

physically present in the migration zone when the decision is

made.

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134 Section 339 (note)

Omit "

Part 5-reviewable decision

(see subsections

338(1) and 348(2))",

substitute "

reviewable migration decision

(see paragraph 338(1)(a)) or

reviewable protection decision

(see paragraph 3

38A(2)(a))".

135 Division 3 of Part 5 (heading)

Repeal the heading, substitute:

Division

2--ART review

136 Sections 347 to 349

Repeal the sections, substitute:

347 Application for ART review

Making an application

(1) An application may be made to the ART for review of a reviewable

migration decision or a reviewable protection decision.

(2) The application must:

(a) include the prescribed information (if any); and

(b) be accompanied by the prescribed documents (if any); and

Time for making an application

(3) An application must be made:

(a) if the applicant is in immigration detention on the day the

applicant is notified of the decision

within 7 days after the

day the applicant is notified of the decision; or

(b) otherwise

within 28 days after the day the applicant is

notified of the decision.

Certain provisions of the ART Act do not apply

(4) Subsection (3) applies despite section 18 (when to apply

general

rule) of the ART Act.

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(5) Section 19 (ART may extend period) of the ART Act does not

apply in relation to reviewable migration decisions or reviewable

protection decisions.

(6) Subsections 34(2) and (3) (information to include in applications

and validity) of the ART Act do not apply to an application to the

ART for review of a reviewable migration decision or a reviewable

protection decision.

(7) Paragraph (2)(c) has effect despite any rules made for the purposes

of section 296 (Tribunal may charge fees) of the ART Act to the

extent those rules relate to applications to the ART for review of

reviewable migration decisions or reviewable protection decisions.

347A Who can apply for ART review etc.

(1) An application for review of a reviewable migration decision may

only be made by:

(a) for a decision covered by subsection 338(2), (3), (3A), (4) or

(7A)

the non-citizen who is the subject of that decision; or

(b) for a decision covered by subsection 338(5) or (8)

by the

sponsor or nominator referred to in the subsection concerned;

by the

relative referred to in the subsection concerned; or

(d) for a decision covered by subsection 338(9)

by the person

prescribed in respect of the kind of decision in question

prescribed for the purposes of that subsection.

Note:

Section 5G may be relevant for determining family relationships for

the purposes of paragraph (c) of this subsection.

(2) If the reviewable migration decision is covered by

subsection 338(2), (3), (3A) or (4), an application for review may

only be made by a non-citizen who is physically present in the

migration zone when the application for review is made.

(3) If the reviewable migration decision is covered by

subsection 338(7A), an application for review may only be made

by a non-citizen who:

(a) was physically present in the migration zone at the time when

the decision was made; and

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(b) is physically present in the migration zone when the

application for review is made.

(4) An application for review of a reviewable protection decision may

only be made by the non-citizen who is the subject of the decision.

(5) An application for review of a reviewable protection decision may

only be made by a non-citizen who is physically present in the

migration zone when the application for review is made.

(6) This section has effect despite section 17 (who can apply) and

section 35 (applications may be made on behalf of a person) of the

ART Act.

348 ART to review reviewable migration decisions and reviewable

protection decisions

(1) If an application to the ART for review of a reviewable migration

decision or a reviewable protection decision is properly made

under sections 347 and 347A, the ART must review the decision.

Note:

The ART has no jurisdiction to review a decision if the application for

review is not properly made.

(2) However, the ART must not review, or continue to review, a

reviewable migration decision or a reviewable protection decision

in relation to which the Minister has issued a conclusive certificate

under section 339.

348A Parties to a proceeding for review

(1) The Minister is taken to be a non-participating party to a

proceeding for review of a reviewable migration decision or a

reviewable protection decision for the purposes of the ART Act.

(2) Despite paragraph 22(1)(c) of the ART Act, a person cannot apply

to the ART to become a party to the proceeding for review of a

reviewable migration decision or a reviewable protection decision.

(3) The Minister:

(a) cannot give a notice to the ART under section 62 (Tribunal

may allow non-participating party to participate) of the ART

Act; and

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(b) cannot give written submissions in relation to the proceeding

under subsection 63(1) of the ART Act.

(4) An order under subsection 63(2) of the ART Act can only be made

by the President or a Deputy President of the ART in relation to a

proceeding for review of a reviewable migration decision or a

reviewable protection decision.

(5) Rules made for the purposes of subsection 64 (rules may deal with

elections in relation to participation) of the ART Act do not apply

in relation to a proceeding for review of a reviewable migration

decision or a reviewable protection decision.

349 Remittal

(1) Subparagraph 105(c)(ii) of the ART Act does not apply in relation

to a reviewable migration decision or a reviewable protection

decision.

(2) If a reviewable migration decision or reviewable protection

decision relates to a prescribed matter, the ART may, under this

subsection:

(a) set aside the decision; and

(b) remit the matter for reconsideration in accordance with such

orders or recommendations of the ART as are permitted by

the regulations.

(3) Paragraph (2)(a) of this section applies despite subsection 31(1)

(decision cannot be altered outside Tribunal process) of the ART

Act.

137 Subsection 350(1)

Omit "Tribunal" (wherever occurring), substitute "ART".

138 Subsection 350(2)

Omit "Tribunal" (wherever occurring), substitute "ART".

139 Subsection 351(1)

Omit "Tribunal under

section 3

49", substitute "ART under

section 105

of the ART Act or section 3

49 of this Act".

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140 Subsection 351(1)

Omit "Tribunal had", substitute "ART had".

141 Paragraph 351(4)(a)

Omit "Tribunal", substitute "ART".

142 Subsection 351(5)

After "

subsection (

4)", insert "in relation to a reviewable migration

decision".

143 After subsection 351(5)

Insert:

(5A) A statement made under subsection (4) in relation to a reviewable

protection decision is not to include:

(a) the name of the applicant; or

(b) any information that may identify the applicant; or

interest to publish the name of another person connected in

any way with the matter concerned

the name of that other

person or any information that may identify that other person.

144 Section 352 (heading)

Repeal the heading, substitute:

352 ART to notify Secretary of application for review

145 Subsection 352(1)

Omit "is made to the Tribunal, the Registrar", substitute "of a

reviewable migration decision or a reviewable protection decision is

made to the ART, the ART".

146 Subsections 352(2) and (4)

Omit "Registrar", substitute "ART".

147 Division 4 of Part 5 (heading)

Repeal the heading, substitute:

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Division

3--ART powers

148 Sections 353 and 353B

Repeal the sections, substitute:

353 ART may require Secretary to arrange for investigations etc.

(1) For the purpose of the review of a decision, the ART may require

the Secretary to arrange for the making of any investigation, or any

medical examination, that the ART considers necessary with

respect to the review, and to give to the ART a report of that

investigation or examination.

(2)

This section applies in addition to, and does not limit, the ART's

powers under the ART Act (as modified by this Act).

149 Division 5 of Part 5 (heading)

Repeal the heading, substitute:

Division

4--Conduct of ART review

150 Subsection 357A(2)

Omit "8A", substitute "7".

151 After subsection 357A(2)

Insert:

(2A) If there is any inconsistency between this Division and any of the

following provisions of the ART Act, this Division prevails to the

extent of the inconsistency:

(a) section 49 (Tribunal has discretion in relation to procedure);

(b) section 50 (Tribunal is to act informally etc.);

(d) section 55 (right to present case).

Note:

The ART Act generally applies in relation to reviews by the ART (see

subsection 336P(1)).

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(2B) Without limiting subsection (2A), paragraph 55(1)(b) of the ART

Act does not apply in relation to a review of a reviewable

migration decision or a reviewable protection decision.

(2C) As an exhaustive statement of the requirements of the natural

justice hearing rule, this Division does not require the ART to

observe any principle or rule of common law relating to the matters

this Division deals with.

152 Subsection 357A(3)

Omit "Tribunal", substitute "ART".

153 Sections 358 to 359AA

Repeal the sections.

154 Section 359A (heading)

Repeal the heading, substitute:

359A Information and invitation given by ART

155 Subsection 359A(1)

Omit "subsections

(2) and (3), the Tribunal", substitute "

subsection (2),

the ART".

156 Paragraph 359A(1)(a)

Omit "Tribunal" (wherever occurring), substitute "ART".

157 Paragraph 359A(1)(c)

Omit

"or respond to".

158 Subsection 359A(2)

Omit "The information and invitation must be given to the applicant",

substitute "If the information or invitation is given to the applicant in

writing, the information and invitation must be given".

159 Subsection 359A(3)

Repeal the subsection.

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160 At the end of subsection 359A(4)

Add:

; or (d) that was included, or referred to, in the written statement of

the decision that is under review; or

(e) that is prescribed by regulation for the purposes of this

paragraph.

161 After subsection 359A(4)

Insert:

(4A) The ART is not required to give particulars of information

mentioned in subsection (4) to the applicant before making a

decision on the application under section 105 of the ART Act or

section 349 of this Act.

162 Subsection 359A(5)

Omit "

subsection 3

62B(1F)", substitute "

subsection 3

68C(6)".

163 Sections 359B to 362

Repeal the sections.

164 Subsection 362A(1)

Omit all the words after "and 376,", substitute "the applicant is entitled

to request the Department provide access to any written material, or a

copy of any written material, given or produced to the ART for the

purposes of the review".

165 Subsection 362A(3)

Omit "Tribunal", substitute "ART".

166 Sections 362B and 362C

Repeal the sections.

167 Section 363

Repeal the section, substitute:

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363 Reviews may be combined

The ART may combine the reviews of 2 or more reviewable

migration decisions or reviewable protection decisions made in

respect of the same person.

168 Sections 363A to 366D

Repeal the sections.

169 Subsections 367(1) and (2)

Omit "Tribunal", substitute "ART".

170 At the end of Division 5 of Part 5

Add:

367A How ART is to deal with new claims or evidence in review of

reviewable protection decisions

(1) This section applies if, in relation to an application for review of a

reviewable protection decision (the

primary decision

), the

applicant:

(a) raises a claim that was not raised before the primary decision

was made; or

(b) presents evidence in the application that was not presented

before the primary decision was made.

(2) In making a decision on the application, the ART is to draw an

inference unfavourable to the credibility of the claim or evidence if

the ART is satisfied that the applicant does not have a reasonable

explanation why the claim was not raised, or the evidence was not

presented, before the primary decision was made.

367B Certain ART proceedings must be in private

The hearing of a proceeding (within the meaning of the ART Act)

for the review of a reviewable protection decision must be in

private.

Note:

Section 69 of the ART Act, which generally requires hearings to be in

public, applies to hearings of proceedings for the review of reviewable

migration decisions.

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171 Division 6 of Part 5

Repeal the Division, substitute:

Division

5--ART decisions

368

ART's decision and written statement etc.

Written statement must be made

(1) If the ART makes a decision on a review, the ART must make a

written statement that:

(a) sets out the decision of the ART on the review; and

(b) includes a statement of reasons (within the meaning of the

ART Act) for the ART's decision; and

subsection 368C(5) to confirm the dismissal of an

application

indicates that, under subsection 368C(6), the

decision under review is taken to be affirmed; and

(d) records the day and time the statement is made.

(2) Subsection (1) is subject to:

(a) paragraphs 375A(2)(b) and 376(3)(b) of this Act; and

(b) sections 70 (Tribunal may restrict publication or disclosure of

information) and 91 (disclosure of information

public

interest certificate) of the ART Act.

Certain decisions may be given orally before written statement

made

(3) Subject to subsection 368C(7), the ART may give a decision on a

review and the reasons for the decision orally before making the

written statement.

Note:

Decisions made under paragraph 368C(3)(b) or subsection 368C(5)

cannot be given orally (see subsection 368C(7)).

(4) If subsection (3) applies, the ART must identify, and make a

written record of, the day and time the decision is given orally.

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Decision cannot be changed

(5) The ART has no power to vary or revoke the decision after:

(a) if the decision on a review is given to the applicant orally

before making the written statement

the day and time the

decision is given orally; or

(b) otherwise

the day and time the written statement under

subsection (1) is made.

When decision taken to have been made

(6) If the decision is not given to the applicant orally before the written

statement is made, the decision is taken to have been made:

(a) by the making of the written statement; and

(b) on the day, and at the time, the written statement is made.

(7) If the decision is given to the applicant orally before the written

statement is made, the decision is taken to have been made, and

notified to the applicant, on the day and at the time the decision is

given orally to the applicant.

Validity etc. not affected by procedural irregularities

(8) The validity of a decision on a review, and the operation of

subsection (5), are not affected by:

(a) a failure to record, under paragraph (1)(d), the day and time

when the written statement was made; or

(b) a failure to identify or record, under subsection (4), the day

and time when the decision was given orally.

Interaction with the ART Act

(9) This section applies despite sections 111 (notice of decision and

statement of reasons

review of reviewable decision) and 112

(notice of decision and statement of reasons

other proceedings)

of the ART Act.

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368A

Notification of ART's decision

(1) The ART must notify the applicant of a decision on a review by

giving the applicant a copy of the written statement made under

subsection 368(1).

(2) The copy must be given to the applicant:

(a) within 14 days after the day on which the decision is taken to

have been made; and

(b) by one of the methods specified in section 379A.

(3) A copy of that statement must also be given to the Secretary within

14 days after the day on which the decision is taken to have been

made.

(4) A failure to comply with this section in relation to a decision on a

review does not affect the validity of the decision.

(5) This section applies despite subsection 111(3) and section 112

(notice of decision and statement of reasons

other proceedings)

of the ART Act.

368B Notice of dismissal and reinstatement decisions and when

taken to have been made

Decisions to which this section applies

(1) This section applies in relation to the following decisions:

(a) a decision under the ART Act to dismiss an application for

review of a reviewable migration decision or a reviewable

protection decision;

(b) a decision under 368C of this Act to reinstate an application.

Written statement

(2) The ART must make a written statement that:

(a) sets out the decision of the ART; and

(b) records the day and time the statement is made.

(3) The decision is taken to have been made:

(a) by making the written statement; and

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(b) on the day and at the time the written statement is made.

(4) The ART has no power to vary or revoke the decision after the day

and time the written statement is made.

Note:

However, if the application is reinstated, the application is taken never

to have been dismissed (see

subsection 368C(4)).

Notice to applicant

(5) The ART must notify the applicant of the decision by giving the

applicant a copy of the written statement made under

subsection (2). The copy must be given to the applicant:

(a) within 14 days after the day on which the decision is taken to

have been made; and

(b) by one of the methods specified in section 379A.

Notice to Secretary

(6) A copy of the written statement made under subsection (2) must

also be given to the Secretary within 14 days after the day on

which the decision is taken to have been made

Validity etc. not affected by procedural irregularities

(7) The validity of a decision to which this section applies, and the

operation of subsection (4), are not affected by:

(a) a failure to record, under paragraph (2)(b), the day and time

when the written statement was made; or

(b) a failure to comply with subsection (5) or (6).

Interaction with ART Act

(8) This section applies despite section 112 (notice of decision and

statement of reasons

other proceedings) of the ART Act.

368C Reinstatement of application or confirmation of dismissal

(1) This section, instead of section 102 of the ART Act, applies if the

ART dismisses an application for review of a reviewable migration

decision or a reviewable protection decision.

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(2) If the dismissal is made under one of the following provisions of

the ART Act, the applicant may, within 28 days after receiving

notice of the decision under subsection 368B(5), apply to the ART

for reinstatement of the application:

(a) section 99 (Tribunal may dismiss application if applicant

does not appear);

(b) section 100 (Tribunal may dismiss application if applicant

fails to comply with order etc.);

vexatious etc.).

Note:

Section 379C sets out when a person is taken to have received a

document from the ART for the purposes of this Part.

(3) On application for reinstatement in accordance with subsection (2),

the ART must:

(a) if it considers it appropriate to do so

reinstate the

application by written statement under 368B; or

(b) confirm the decision to dismiss the application, by written

statement under section 368.

Note 1:

The ART must, under section 368B, notify the applicant of the

decision to reinstate the application.

Note 2:

The ART must, under section 368A, notify the applicant of the

decision to confirm the decision to dismiss the application.

(4) If the ART reinstates the application:

(a) the application is taken never to have been dismissed; and

(b) the ART must conduct (or continue to conduct) the review

accordingly.

(5) If the applicant fails to apply for reinstatement within the 28-day

period mentioned in subsection (2), the ART must confirm the

decision to dismiss the application, by written statement under

section 368.

Note:

Under section 368A, the ART must notify the applicant of a decision

to confirm the dismissal of the application.

(6) If the ART confirms the decision to dismiss the application, the

decision under review is taken to be affirmed.

(7) The ART cannot give a decision orally under subsection (3) or (5).

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369 Identifying information relating to reviewable protection

decisions not to be published

(1) This section applies to reviewable protection decisions.

(2) The ART must not publish information under section 113 of the

ART Act which may identify:

(a) an applicant for review of a decision; or

(b) any relative or other dependant of an applicant for review of

a decision.

172 Division 7 of Part 5

Repeal the Division.

173 Division 8 of Part 5 (heading)

Repeal the heading, substitute:

Division

6--Other matters

174 Before section 375

Insert:

373 Examination and cross-examination not permitted

A person is not entitled to examine or cross-examine any person

appearing before the ART to give evidence.

374 How the ART must give certain notices and directions to an

applicant

Notification of case event

(1) If the ART gives a written notice to an applicant for review of a

reviewable migration decision or a reviewable protection decision

under subsection 72(1) of the ART Act, the ART must give the

notice to the applicant:

(a) except where paragraph (b) applies

by one of the methods

specified in section 379A; or

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(b) if the applicant is in immigration detention

by a method

prescribed for the purposes of giving documents to such a

person.

Directions in relation to procedure

(2) If the ART gives a direction in relation to the procedure to be

followed for a proceeding for review of a reviewable migration

decision or a reviewable protection decision under subsection 79(1)

of the ART Act:

(a) the direction must be given to the applicant in writing; and

(b) the ART must give the direction to the applicant:

(i) except where subparagraph (ii) applies

by one of the

methods specified in section 379A; or

(ii) if the applicant is in immigration detention

by a

method prescribed for the purposes of giving documents

to such a person.

175 Section 375

After "this Act", insert "or the ART Act".

176 Section 375

Omit "Tribunal", substitute "ART".

177 Section 375A (heading)

Omit "

Tribunal

", substitute "

ART

178 Paragraphs 375A(1)(a) and (b)

Omit "Tribunal", substitute "ART".

179 Subsection 375A(2)

After "this Act", insert "or the ART Act".

180 Subsection 375A(2)

Omit "to the Tribunal", substitute "to the ART".

181 Paragraph 375A(2)(a)

Omit "Tribunal", substitute "ART".

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182 Paragraph 375A(2)(b)

Omit "a member of the Tribunal", substitute "an ART member of the

ART".

183 Section 376 (heading)

Omit "

Tribunal's

", substitute "

ART's

184 Subparagraph 376(1)(a)(ii)

Omit "Tribunal", substitute "ART".

185 Subsection 376(2)

After "this Act", insert "or the ART Act".

186 Subsection 376(2)

Omit "Tribunal" (wherever occurring), substitute "ART".

187 Subsection 376(3)

Omit "Tribunal" (wherever occurring), substitute "ART".

188 Section 378

Repeal the section, substitute:

378 Protected information and documents

(1) An entrusted person must not be required to produce or disclose a

protected document, or protected information, to a parliament if:

(a) the document or information relates to a reviewable

protection decision; and

(b) the production or disclosure is not necessary for the purposes

of carrying into effect the provisions of the ART Act or

another enactment conferring powers on the ART.

(2) Subsection (1) applies despite subsection 274(1) of the ART Act.

(3) In this section:

entrusted person

has the same meaning as in the ART Act.

parliament

means:

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(a) a House of the Parliament of the Commonwealth, of a State

or of a Territory; or

(b) a committee of a House or the Houses of the Parliament of

the Commonwealth, of a State or of a Territory.

protected document

has the same meaning as in the ART Act.

protected information

has the same meaning as in the ART Act.

189 Division 8A of Part 5 (heading)

Repeal the heading, substitute:

Division

7--Giving and receiving documents

190 Section 379AA (heading)

Repeal the heading, substitute:

379AA Giving documents by ART where no requirement to do so by

specified method

191 Paragraph 379AA(1)(a)

Omit "Act or the regulations requires or permits the Tribunal",

substitute "Act, regulations made under this Act, or the ART Act (as

modified by this Act) requires or permits the ART".

192 Paragraph 379AA(1)(a)

After "person", insert "(other than the Secretary)".

193 Subparagraph 379AA(1)(b)(i)

Omit "or 379B".

194 Subsection 379AA(1)

Omit "the Tribunal may", substitute "the ART may".

195 Subsection 379AA(1) (note 2)

Omit "Tribunal", substitute "ART".

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196 At the end of subsection 379AA(1)

Add:

Note 3:

ART practice directions apply in relation to the giving of documents

to the Secretary.

197 Subsection 379AA(2)

Omit "Tribunal may give a document to an individual who is at least 18

years of age if a member or an officer of the Tribunal", substitute "ART

may give a document to an individual who is at least 18 years of age if

an ART member, the ART Principal Registrar or a member of the staff

of the ART".

198 Subsection 379AA(3)

Omit "Tribunal" (wherever occurring), substitute "ART".

199 At the end of section 379AA

Add:

(4) If a provision of the ART Act (other than section 79) permits or

requires the ART to make an order, the provision is taken, for the

purposes of this section, to be a provision of the ART Act that

requires or permits the ART to give a document to a person.

Note:

Orders given under section 79 (Tribunal may give directions in

relation to procedure for proceeding) of the ART Act are dealt with by

section 374 of this Act.

200 Section 379A (heading)

Repeal the heading, substitute:

379A Methods by which ART gives documents to a person

201 Paragraph 379A(1)(a)

Omit "Tribunal", substitute "ART".

202 Paragraph 379A(1)(b)

Omit "Tribunal", substitute "ART".

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203 Subsection 379A(1A)

Omit "Tribunal" (first occurring), insert "ART".

204 Paragraph 379A(1A)(b)

Omit "a member or an officer of the Tribunal", substitute "an ART

member, the ART Principal Registrar or a member of the staff of the

ART (each of whom is an

ART official

)".

205 Subsection 379A(1A) (note)

Omit "Tribunal", substitute "ART".

206 Subsections 379A(2) and (3)

Omit "a member or an officer of the Tribunal, or a person authorised in

writing by the Registrar,", substitute "an ART official or a person

authorised by the ART Principal Registrar".

207 Paragraph 379A(3)(a)

Omit "Tribunal", substitute "ART".

208 Subsection 379A(4)

Omit "a member or an officer of the Tribunal", substitute "an ART

official".

209 Subparagraphs 379A(4)(c)(i) and (ii)

Omit "Tribunal", substitute "ART".

210 Subparagraph 379A(4)(c)(iii)

Omit "the member or officer", substitute "the ART official".

211 Subsection 379A(5)

Omit "a member or an officer of the Tribunal", substitute "an ART

official".

212 Paragraph 379A(5)(d)

Omit "Tribunal", substitute "ART".

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213 Paragraph 379A(5)(e)

Omit "the member or officer", substitute "the ART official".

214 Subsection 379A(6)

Omit "Tribunal" (wherever occurring), substitute "ART".

215 Section 379B

Repeal the section.

216 Section 379C (heading)

Omit "

Tribunal

", substitute "

ART

217 Subsections 379C(1) to (5)

Omit "Tribunal", substitute "ART"

218 Subsection 379C(7)

Omit "Tribunal" (wherever occurring), substitute "ART".

219 Section 379D

Repeal the section.

220 Section 379EA (heading)

Omit "

Tribunal

", substitute "

ART

221 Section 379EA (note 1)

Omit "Tribunal", substitute "ART".

222 Section 379F

Repeal the section.

223 Paragraph 379G(1)(a)

Omit "Part

reviewable decision", substitute "reviewable migration

decision or a reviewable protection decision".

224 Subsection 379G(1)

Omit "Tribunal" (wherever occurring), substitute "ART".

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225 Paragraph 379G(1A)(a)

Omit "Part

5-reviewable decision where the application is not properly

made under section 3

47", substitute "reviewable migration decision or a

reviewable protection decision where the application is not properly

made under section 3

47 or 347A".

226 Paragraph 379G(1A)(b)

Omit "that section", substitute "either or both of those sections".

227 Subsections 379G(2) and (5)

Omit "Tribunal" (wherever occurring), substitute "ART".

228 Parts 7 and 7AA

Repeal the Parts.

229 Subsection 474(2) (definition of

privative clause

decision

)

After "

subsection 4

74(4)", insert ", (4A)".

230 Subsection 474(4) (table items 23 and 28)

Repeal the items.

231 After subsection 474(4)

Insert:

(4A) For the purposes of subsection (2), a decision under

subsection 1

85(1) of the ART Act to refer, on the Tribunal's own

initiative, a question of law arising in a proceeding for review of a

reviewable migration decision or a reviewable protection decision

to the Federal Court for decision is not a privative clause decision.

232 Subsection 474(5)

After "instrument under this Act,", insert "or under the ART Act,".

233 Subsection 474(6)

Omit "474(4)", substitute "(4) or (4A)".

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234 Subsection 474(6)

Omit "474(5)", substitute "(5)".

235 Subsection 474(7)

Omit "474".

236 Paragraph 474(7)(a)

Omit ", 351 or 417", substitute "or 351".

237 After Division 1 of Part 8

Insert:

Division

1A--Interaction with the ART Act

474AA Interaction with the ART Act

(1) Part 7 of the ART Act does not apply to an application in relation

to, or a proceeding for the review of, any of the following:

(a) a privative clause decision;

(b) a purported privative clause decision;

(2) Despite subsection (1):

(a) section 185 (referring questions of law) of the ART Act

applies to an application in relation to, or a proceeding for the

review of, a reviewable migration decision or a reviewable

protection decision; but

(b) the ART may exercise the power in section 185 of the ART

Act only on the ART's own initiativ

(3) Part 7 of the ART Act does not apply to an application in relation

to, or a proceeding for the review of, a non-privative clause

decision mentioned in subsection 474(4A).

(4) Despite subsection (3):

(a) section 185 (referring questions of law) of the ART Act

applies to an application in relation to, or a proceeding for the

review of, a non-privative clause decision mentioned in

subsection 474(4A); but

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(b) the ART may exercise the power in section 185 of the ART

Act only on the ART's own initiativ

238 Section 474A

Repeal the section, substitute:

474A Definition of ART Act migration decision

(1) A decision under a provision of the ART Act mentioned in

subsection (2) is an

ART Act migration decision

, to the extent that

the decision is made in relation to any of the following:

(a) a review of a particular reviewable migration decision or a

particular reviewable protection decision;

(b) a function of the ART in relation to the exercise of its

jurisdiction to review reviewable migration decisions or

reviewable protection decisions;

(d) an ART member in the Protection jurisdictional area.

Note:

An ART Act migration decision is a

migration decision

(see

paragraph (d) of the definition of migration decision in

subsection 5(1)).

(2) The provisions of the ART Act are as follows:

(a) Division 3 of Part 4;

(b) Subdivisions A, B and D of Division 4 of Part 4;

(d) sections 197 to 199;

(e) Subdivision A of Division 3 of Part 8;

(f) sections 214 to 216;

(g) section 218;

(h) section 221;

(i) section 227;

(j) sections 237 to 239;

(k) section 243.

(l) Divisions 3 and 4 of Part 11.

239 Paragraph 476(2)(b)

Omit "Administrative Appeals Tribunal", substitute "ART".

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240 After paragraph 476(2)(c)

Insert:

(ca) a non-privative clause decision mentioned in

subsection 474(4A);

241 Subsection 476(3)

Omit "

section 44AA of the

Administrative Appeals Tribunal Act 1975

substitute "

section 1

79 of the ART Act".

242 Subsection 476(4) (paragraph (a) of the definition of

primary decision

)

Omit "under Part

5 or 7 or section 5

00", substitute "by application

under Part 5 or section 5

00".

243 Subsection 476(4) (paragraph (b) of the definition of

primary decision

)

Omit "period; or", substitute "period.".

244 Paragraph 476(4)(c)

Repeal the paragraph.

245 Paragraph 476A(1)(b)

Omit "Administrative Appeals Tribunal", substitute "ART".

246 Paragraph 476A(1)(d)

Omit "

subsection 44(3) or 45(2) of the

Administrative Appeals Tribunal

Act 1975

", substitute "

section 176 (Federal Court has jurisdiction) or

subsection 1

85(3) (referring questions of law) of the ART Act".

247 Subsection 476A(1) (note)

Repeal the note.

248 Subsection 477(3) (definition of

date of the migration

decision

)

Repeal the definition, substitute:

date of the migration decision

means:

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(a) in the case of a migration decision made under section 105 of

the ART Act (other than a decision made by the ART in

relation to an application under Part 5)

the day the decision

is made under that section; or

(b) in the case of a migration decision made by the ART in

relation to an application under Part 5

the day the decision

is taken to have been made under subsection 368(6) or (7) or

368B(3); or

the date of the written notice of the

decision or, if no such notice exists, the date that the Court

considers appropriate.

249 Paragraph 478(a)

Repeal the paragraph, substitute:

(a) if the migration decision concerned is made on review by

application under Part 5 or section 500

the applicant in the

review by the ART; or

250 Paragraph 478(aa)

Repeal the paragraph.

251 Paragraph 479(a)

Repeal the paragraph, substitute:

(a) if the migration decision concerned is made on review by

application under Part 5 or section 500

the applicant in the

review by the ART; or

252 Paragraph 479(aa)

Repeal the paragraph.

253 Subsection 486D(5) (definition of

tribunal decision

)

Repeal the definition, substitute:

tribunal decision

means a privative clause decision, or purported

privative clause decision, made on review by the ART by

application under Part 5 or section 500.

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254 Subsection 500(1)

Omit "Applications may be made to the Administrative Appeals

Tribunal", substitute "An application may be made to the ART".

255 Subsection 500(1) (note)

Repeal the note.

256 After subsection 500(1)

Insert:

(1A) Section 85 (ART may remit decision to decision-maker for

reconsideration) of the ART Act does not apply in relation to a

review by the ART of a decision referred to in subsection (1).

257 Subsections 500(2) and (3)

Omit "A", substitute "Despite

section 17 (who can apply) of the ART

Act, a".

258 Subsection 500(3)

Omit "under Part

5 or 7", substitute "by application under Part

259 After subsection 500(3)

Insert:

(3A) Despite section 15 (organisation or association whose interests are

affected by a decision) of the ART Act, an organisation or

association of persons referred to in that section is not entitled to

make an application under subsection (1) for review of a decision

referred to in paragraph (1)(ba).

(3B) Despite paragraph 22(1)(c) of the ART Act, a person cannot apply

to the ART to become a party to a proceeding for review by the

ART of decisions referred to in subsection (1).

260 Subsections 500(4) and (4A)

Omit "under Part

5 or 7", substitute "by application under Part

5".

261 Subsection 500(6)

Omit "Tribunal" (first occurring), substitute "ART".

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262 Paragraph 500(6)(a)

Repeal the paragraph, substitute:

(a) the ART (for example, an order under subsection 32(2) (ART

may stay operation or implementation) of the ART Act); or

263 Paragraph 500(6)(c)

Omit "

section 4

4A", substitute "

subsection 1

78(2)".

264 Paragraph 500(6)(d)

Omit "

section 4

4A of that Act", substitute "

subsection 178(2) of that

Act, as it applies because of subsection 1

79(4) of that Act".

265 Subsection 500(6A)

Omit "

section 28 of the

Administrative Appeals Tribunal Act 1975

substitute "

section 268 (requesting reasons for a reviewable decision

from decision-

maker) of the ART Act".

266 Subsection 500(6B)

Omit "the Tribunal" (wherever occurring), substitute "the ART".

267 Subsection 500(6B)

Omit "

paragraph 29(1)(d) and subsections 29(7), (8), (9) and (10) of the

Administrative Appeals Tribunal Act 1975

", substitute "

sections 18 and

19 of the ART Act".

268 Subsection 500(6C)

Omit "Tribunal", substitute "ART".

269 After subsection 500(6C)

Insert:

(6CA) Subsection (6C) applies despite subsection 34(2) of the ART Act.

270 Subsection 500(6D)

Repeal the subsection, substitute:

(6D) If an application is made to the ART for a review of a decision

under section 501, or a decision under subsection 501CA(4) not to

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revoke a decision to cancel a visa, that relates to a person in the

migration zone:

(a) the ART must give written notice of the application to:

(i) the applicant; and

(ii) the Secretary; and

(b) sections 21 and 23 of the ART Act do not apply to the

decision or the application.

271 Paragraphs 500(6F)(a), (c) and (d)

Omit "Tribunal", substitute "ART".

272 Subsection 500(6FA)

Omit "Tribunal", substitute "ART".

273 After subsection 500(6FA)

Insert:

(6FB) Sections 24 and 26 of the ART Act do not apply in relation to an

application to the ART for a review of a decision under section 501

or subsection 501CA(4) of this Act.

274 Paragraph 500(6G)(a)

Omit "Tribunal", substitute "ART".

275 Subsection 500(6G)

Omit "Tribunal must", substitute "ART must".

276 Paragraph 500(6G)(d)

Omit "

section 43 of the

Administrative Appeals Tribunal Act 1975

substitute "

section 1

05 of the ART Act".

277 Subsections 500(6H), (6J) and (6K)

Omit "Tribunal" (wherever occurring), substitute "ART".

278 Paragraphs 500(6L)(a) and (c)

Omit "Tribunal", substitute "ART".

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279 Paragraph 500(6L)(c)

Omit "

section 42A, 42B, 42C or 43 of the

Administrative Appeals

Tribunal Act 1975

", substitute "the provisions of the ART Act

mentioned in subsection (

6M)".

280 Subsection 500(6L)

Omit "Tribunal", substitute "ART".

281 Subsection 500(6L)

Omit "

section 43 of the

Administrative Appeals Tribunal Act 1975

substitute "

section 1

05 of the ART Act".

282 After subsection 500(6L)

Insert:

(6M) For the purposes of paragraph (6L)(c), the provisions of the ART

Act are as follows:

(a) section 95 (applicant may withdraw application);

(b) section 96 (Tribunal may dismiss application if parties

consent);

not reviewable decision);

(d) section 98 (Tribunal may dismiss application if fee is not

paid);

(e) section 99 (Tribunal may dismiss application if applicant

does not appear);

(f) section 100 (Tribunal may dismiss application if applicant

fails to comply with order etc.);

(g) section 101 (Tribunal may dismiss application if frivolous,

vexatious etc);

(h) section 103 (if parties reach agreement

review of decisions

only);

(i) section 105 (Tribunal decision on review of reviewable

decision).

283 Paragraph 500(7)

Omit "

Administrative Appeals Tribunal Act 1975

", substitute "ART

Act".

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284 After section 500

Insert:

500AA Applications generally cannot be made to the ART guidance

and appeals panel

(1) An application cannot be made under section 123 of the ART Act

to refer a decision of the ART to the guidance and appeals panel in

relation to an application for review of a decision under this Act.

(2) Subsection (1) does not apply in relation to an application for

review of a decision under Part 3.

285 Paragraph 501A(1)(b)

Omit "Administrative Appeals Tribunal", substitute "ART".

286 Subsection 501A(1)

Omit "or Tribunal" (wherever occurring), substitute "or the ART".

287 Subsection 501A(7) (heading)

Omit "

under Part 5 or 7

", substitute "

by application under Part 5

288 Subsections 501A(7) and 501B(4)

Omit "under Part

5 or 7", substitute "by application under

Part

5".

289 Subsection 501B(5)

Omit "Administrative Appeals Tribunal", substitute "ART".

290 Paragraph 501BA(1)(b)

Omit "Administrative Appeals Tribunal", substitute "ART".

291 Subsection 501BA(5) (heading)

Omit "

under Part 5 or 7

", substitute "

by application under Part 5

292 Subsections 501BA(5), 501C(11), 501CA(7) and 501F(5)

Omit "under Part

5 or 7", substitute "by application under Part

5".

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293 Paragraph 501G(1)(f)

Omit "Administrative Appeals Tribunal", substitute "ART".

294 Subparagraph 501G(1)(f)(i)

Omit "Tribunal", substitute "ART".

295 Paragraph 501G(2)(b)

Omit "Administrative Appeals Tribunal", substitute "ART".

296 At the end of section 501G

Add:

(5) Section 267 (decision-maker must have regard to rules when

giving notice of decision) of the ART Act does not apply in

relation to notices given under subsection (1) of this section.

297 Subsection 501J(1)

Omit "AAT", substitute "ART".

298 Subsection 501J(1)

Omit "Administrative Appeals Tribunal", substitute "ART".

299 Subsection 501J(2)

Omit "

AAT

", substitute "

ART

300 Subsection 501J(2)

Omit "Administrative Appeals Tribunal", substitute "ART".

301 Paragraph 501J(5)(a)

Omit "Administrative Appeals Tribunal", substitute "ART".

302 Section 501K (heading)

Omit "

Administrative Appeals Tribunal

", substitute "

ART

303 Subsections 501K(1) and (2)

Omit "Administrative Appeals Tribunal", substitute "ART".

Home Affairs

Schedule 2

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

Part

2--Bulk amendments

Immigration (Guardianship of Children) Act 1946

305 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

11A(1)

(definition

decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

11A(6)

Administrative Appeals Tribunal

Administrative Review Tribunal

Maritime Transport and Offshore Facilities Security Act

2003

306 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

51(4)

(note)

Administrative Appeals Tribunal

Administrative Review Tribunal

52A(7)

(note)

Administrative Appeals Tribunal

Administrative Review Tribunal

70(4)

(note)

Administrative Appeals Tribunal

Administrative Review Tribunal

71A(6)

(note)

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 2

Home Affairs

Part 2

Bulk amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

100K(4)

(note)

Administrative Appeals Tribunal

Administrative Review Tribunal

100LA(7)

(note)

Administrative Appeals Tribunal

Administrative Review Tribunal

201

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

201

Administrative Appeals Tribunal

Administrative Review Tribunal

Social Services

Schedule 3

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

Schedule

3--Social Services

Part

1--Main amendments

A New Tax System (Family Assistance) Act 1999

1 Subsection 85CE(4)

Repeal the subsection.

2 Subsection 85CH(5)

Repeal the subsection.

A New Tax System (Family Assistance) (Administration) Act

1999

3 Subsection 3(1)

Repeal the following definitions:

(a) definition of

AAT

;

(b) definition of

AAT Act

;

AAT first review

;

(d) definition of

AAT second review

;

(e) definition of

AAT single review

4 Subsection 3(1)

Insert:

ART

means the Administrative Review Tribunal.

ART Act

means the

Administrative Review Tribunal Act 2024

ART child care provider review

has the meaning given by

section 138.

ART Principal Registrar

means the Chief Executive Officer and

Principal Registrar of the ART.

ART review

has the meaning given by section 111.

Schedule 3

Social Services

Part 1

Main amendments

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

5 Subsection 3(1) (definition of

decision

)

Omit "

Administrative Appeals Tribunal Act 1975

", substitute "ART

Act".

6 Subsection 3(1)

Insert:

guidance and appeals panel

has the same meaning as in the ART

Act.

guidance and appeals panel application

has the same meaning as

in the ART Act.

guidance and appeals panel proceeding

has the same meaning as

in the ART Act.

7 Paragraphs 73(a) to (c)

Repeal the paragraphs, substitute:

(a) a person applies to the ART for ART review or ART child

care provider review of a decision; and

(b) the ART makes an order under subsection 32(2) (ART may

stay operation or implementation) of the ART Act; and

(when ART's decision on review comes into operation) of

the ART Act, the amount that has in fact been paid to the

person under the family assistance law is greater than the

amount that should have been paid to the person under the

family assistance law;

8 Subparagraph 105D(2)(b)(ii)

Omit "13 weeks", substitute "90 days".

9 Paragraph 109D(1)(a)

Omit "13 weeks", substitute "90 days".

10 Subparagraphs 109D(4)(b)(ii) and (c)(ii)

Omit "13 weeks",

substitute "90 days".

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Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

11 Subsection 109D(5A)

Omit "13 weeks" (wherever occurring), substitute "90 days".

12 Subparagraphs 109E(3)(b)(ii) and (c)(ii)

Omit "13 weeks", substitute "90 days".

13 Section 110

Omit

"AAT for review of the decision (an "AAT first review")"

substitute

"ART for review of the decision (an "ART review")"

14 Section 1

10 (paragraph beginning "If a person is

dissatisfied with a decision of the AAT")

Repeal the paragraph, substitute:

If a decision has been reviewed by the ART, in some

circumstances the ART Act allows a person to apply to refer the

matter to the ART as constituted by the guidance and appeals panel

for further review.

15 Section 1

10 (paragraph beginning "Certain decisions")

Repeal the paragraph.

16 Section 110 (paragr

aph beginning "The rules")

Omit "AAT" (wherever occurring), substitute "ART".

17 Section 1

10 (paragraph beginning "The AAT Act")

Repeal the paragraph, substitute:

The ART Act allows a person to appeal to the Federal Court on a

question of law from a decision of the ART.

18 Subsection 111(1)

Omit "AAT for review (

AAT first review

)", substitute "ART for review

(

ART

review

)".

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Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

19 Subsection 111(1A)

Omit "AAT for review (also

AAT first review

)", substitute "ART for

review (also

ART review

)".

20 After subsection 111(1A)

Insert:

(1B) If a guidance and appeals panel application is taken to have been

made because the ART's decision on ART review is referred to the

guidance and appeals panel, review of the decision to which that

application relates is also an

ART review

21 Before subsection 111A(1)

Insert:

Applications not covered by this section

(1A) This section does not apply in relation to an application for ART

review that is a guidance and appeals panel application.

22 Subsection 111A(1) (heading)

Omit "

13 week

", substitute "

90 day

23 Subsections 111A(1) to (2A)

Omit "13 weeks" (wherever occurring), substitute "90 days".

24 After section 111B

Insert:

111C Decision-maker taken to have elected not to participate in

ART review proceeding

For the purposes of ART review of a decision, the decision-maker

for the decision is taken to have given the ART an election notice

(within the meaning of the ART Act) in relation to a kind of

proceeding that is a proceeding for ART review of the decision.

25 Section 112

Repeal the section, substitute:

Social Services

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Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

112 Operation and implementation of decision under ART review

Subsection 32(2) (ART may stay operation or implementation) of

the ART Act does not apply in relation to a proceeding for ART

review unless the proceeding is in relation to a guidance and

appeals panel application.

112A Remitting decisions for reconsideration

Section 85 (ART may remit decision to decision-maker for

reconsideration) of the ART Act does not apply in relation to a

proceeding for ART review unless the proceeding is in relation to a

guidance and appeals panel application.

112B Requesting reasons for decision

Section 268 (requesting reasons for reviewable decision from

decision-maker) of the ART Act does not apply in relation to a

decision for which an application for ART review may be made.

112C Legal or financial assistance

(1) Subsection 294(1) (legal or financial assistance for applicants) of

the ART Act does not apply in relation to:

(a) a person who proposes to apply to the ART for ART review;

(b) a person who applies to the ART for ART review, unless the

proceeding in relation to the application is a guidance and

appeals panel proceeding.

(2) Subsection 294(3) (legal or financial assistance for other parties) of

the ART Act does not apply in relation to a proceeding for ART

review unless the proceeding is a guidance and appeals panel

proceeding.

(3) Subsection 294(4) (legal or financial assistance for court

proceedings) of the ART Act does not apply in relation to a matter

that relates to a proceeding for ART review unless the proceeding

is a guidance and appeals panel proceeding.

Schedule 3

Social Services

Part 1

Main amendments

100

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

26 Subsection 115(2)

Repeal the subsection, substitute:

(2) Subsection (1) does not apply if the application is a guidance and

appeals panel application.

(3) If:

(a) a person makes an application (the

referral application

)

under section 1

23 of the ART Act to refer the ART's

decision on ART review to the guidance and appeals panel;

and

(b) the person is taken to have made a guidance and appeals

panel application because the ART's decision is referred to

the guidance and appeals panel; and

reviewable

decision

) to which the guidance and appeals panel

application relates:

(i) after the referral application is made; and

(ii) before the ART is constituted for the purposes of the

proceeding in relation to the guidance and appeals panel

application;

the guidance and appeals panel application is taken to be a

guidance and appeals panel application in relation to the

reviewable decision as varied or substituted by the officer.

27 Subsection 116(1)

Repeal the subsection, substitute:

(1) The ART may, in relation to an application for ART review (other

than a guidance and appeals panel application), request the

Secretary to lodge with the ART the statement and other

documents referred to in section 23 (decision-maker must give

ART reasons and documents

general rule) of the ART Act before

the end of the period that otherwise applies.

28 Subsection 119(1)

Repeal the subsection, substitute:

(1) If the ART reasonably believes that a person has information that

is relevant to an ART review and the person is not a party to the

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Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

101

review, the ART may, by written notice given to the person,

require the person to give to the ART, within the period and in the

manner specified in the notice, any such information.

Note:

Section 7

4 of the ART Act deals with the ART's power to summon a

person to give evidence or produce documents.

29 Subsection 119(2) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

30 Section 120 (heading)

Repeal the heading, substitute:

120 ART may require Secretary to obtain information for ART

review

31 Subsection 120(1)

Omit "If the A

AT reasonably believes that a person will be able to give

information, or produce a document or records, relevant to an AAT first

review, the AAT may", substitute "If the ART reasonably believes that

a person will be able to give information, or produce a document or

records, relevant to an ART review, the ART may".

32 Section 121

Repeal the section, substitute:

121 Hearing of certain ART reviews in private

(1) This section applies in relation to a proceeding for ART review if

the ART is constituted for the purposes of the proceeding

otherwise than by the guidance and appeals panel.

(2) The hearing of the proceeding must be in private.

(3) The ART may give directions, in writing or otherwise, as to the

persons who may be present at the hearing of the proceeding.

(4) In giving directions, the ART must have regard to the wishes of the

parties and the need to protect their privacy.

Schedule 3

Social Services

Part 1

Main amendments

102

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

(5) Section 69 (hearings to be in public unless practice directions or

ART order requires otherwise) of the ART Act does not apply in

relation to the hearing of the proceeding.

33 Subsection 122(3)

Omit "If the AAT arranges for the provision of a medical service in

relation to a party to an AAT first review, the AAT may", substitute "If

the ART arranges for the provision of a medical service in relation to a

party to an ART review, the ART may".

34 Subsection 124(1)

Omit all the words before paragraph (a), substitute:

(1) If, on ART review of a decision, the ART sets the decision aside

under section 105 of the ART Act and substitutes for it a decision

that a person is entitled to have a payment made under this Act, the

ART must:

35 After paragraph 125(1)(a)

Insert:

(aa) the application is not a guidance and appeals panel

application; and

36 Paragraph 125(1)(b)

Omit "13 weeks", substitute "90 days".

37 Subsection 125(2)

Omit "13 weeks" (wherever occurring), substitute "90 days".

38 Section 126

Repeal the section.

39 Section 127 (heading)

Repeal the heading, substitute:

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Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

103

127 Secretary or ART may treat event as having occurred if decision

set aside on ART review

40 Paragraph 127(a)

Repeal the paragraph, substitute:

(a) on ART review of a decision, the ART sets the decision aside

under section 105 of the ART Act; and

41 Subdivisions D and E of Division 2 of Part 5

Repeal the Subdivisions.

42 Subdivision F of Division 2 of Part 5 (heading)

Repeal the heading.

43 Subparagraph 137B(2)(b)(ii)

Omit "13 weeks", substitute "90 days".

44 Subsection 138(1)

Omit "AAT for review (

AAT single review

)", substitute "ART for

review (

ART child care provider review

)".

45 Subsection 138(3)

Omit "AAT for review (also an

AAT single review

)", substitute "ART

for review (also an

ART child care provider review

)".

46 After subsection 138(3)

Insert:

Referral to guidance and appeals panel

(3A) If a guidance and appeals panel application is taken to have been

made because the ART's decision on ART child care provider

review is referred to the guidance and appeals panel, review of the

decision to which that application relates is also an

ART child care

provider review

47 After section 138

Insert:

Schedule 3

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104

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

138A Remitting decisions for reconsideration

Section 85 (ART may remit decision to decision-maker for

reconsideration) of the ART Act does not apply in relation to a

proceeding for ART child care provider review unless the

proceeding is in relation to a guidance and appeals panel

application.

138B Legal or financial assistance

(1) Subsection 294(1) (legal or financial assistance for applicants) of

the ART Act does not apply in relation to:

(a) a person who proposes to apply to the ART for ART child

care provider review; or

(b) a person who applies to the ART for ART child care provider

review, unless the proceeding in relation to the application is

a guidance and appeals panel proceeding.

(2) Subsection 294(3) (legal or financial assistance for other parties) of

the ART Act does not apply in relation to a proceeding for ART

child care provider review unless the proceeding is a guidance and

appeals panel proceeding.

(3) Subsection 294(4) (legal or financial assistance for court

proceedings) of the ART Act does not apply in relation to a matter

that relates to a proceeding for ART child care provider review

unless the proceeding is a guidance and appeals panel proceeding.

48 Subsection 139(2)

Repeal the subsection, substitute:

(2) Subsection (1) does not apply if the application is a guidance and

appeals panel application.

(3) If:

(a) a person makes an application (the

referral application

)

under section 1

23 of the ART Act to refer the ART's

decision on ART child care provider review to the guidance

and appeals panel; and

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Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

105

(b) the person is taken to have made a guidance and appeals

panel application because the ART's decision is referred to

the guidance and appeals panel; and

reviewable

decision

) to which the guidance and appeals panel

application relates:

(i) after the referral application is made; and

(ii) before the ART is constituted for the purposes of the

proceeding in relation to the guidance and appeals panel

application;

the guidance and appeals panel application is taken to be a

guidance and appeals panel application in relation to the

reviewable decision as varied or substituted by the officer.

49 Paragraph 140(a)

Repeal the paragraph, substitute:

(a) on ART child care provider review of a decision, the ART

sets the decision aside under section 105 of the ART Act; and

50 After paragraph 152D(1)(a)

Insert:

(aa) the application for review of the original decision is not a

guidance and appeals panel application; and

51 Paragraph 152D(1)(c)

Omit "13 weeks", substitute "90 days".

52 Subsection 152D(3)

Omit "13 weeks", substitute "90 days".

Australian Hearing Services Act 1991

53 Paragraph 65(1)(e)

Omit "subject to the

Administrative Appeals Tribunal Act 1975

application may be made to the Administrative Appeals Tribunal",

substitute "subject to the

Administrative Review Tribunal Act 2024

application may be made to the Administrative Review Tribunal".

Schedule 3

Social Services

Part 1

Main amendments

106

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

54 Subsection 65(3)

Omit "Subject

to the

Administrative Appeals Tribunal Act 1975

, an

application may be made to the Administrative Appeals Tribunal",

substitute "Subject to the

Administrative Review Tribunal Act 2024

, an

application may be made to the Administrative Review Tribunal".

Child Support (Assessment) Act 1989

55 Subsection 5(1)

Repeal the following definitions:

(a) definition of

AAT

;

(b) definition of

AAT Act

56 Subsection 5(1)

Insert:

ART

means the Administrative Review Tribunal.

ART Act

means the

Administrative Review Tribunal Act 2024

Child Support (Registration and Collection) Act 1988

57 Subsection 4(1)

Repeal the following definitions:

(a) definition of

AAT

;

(b) definition of

AAT Act

;

AAT first review

;

(d) definition of

AAT second review

58 Subsection 4(1)

Insert:

ART

means the Administrative Review Tribunal.

ART Act

means the

Administrative Review Tribunal Act 2024

ART Principal Registrar

means the Chief Executive Officer and

Principal Registrar of the ART.

Social Services

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Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

107

ART review

has the meaning given by section 89.

59 Subsection 4(1) (paragraph (a) of the definition of

final

)

Omit "AAT", substitute "ART".

60 Subsection 4(1)

Insert:

guidance and appeals panel

has the same meaning as in the ART

Act.

guidance and appeals panel application

has the same meaning as

in the ART Act.

guidance and appeals panel proceeding

has the same meaning as

in the ART Act.

61 Subsection 72T(2) (definition of

decision

)

Omit "

Administrative Appeals Tribunal Act 1975

", substitute "ART

Act".

62 Section 79D

Omit

"the AAT for review of the decision (an "AAT first review")"

substitute

"the ART for review of the decision (an "ART review")"

63 Section 87A

Omit

reviewable by the AAT. A person may apply to the AAT for

review of such a decision (an "AAT first review")"

, substitute

reviewable by the ART. A person may apply to the ART for review of

such a decision (an "ART review")"

64 Section 8

7A (paragraph beginning "The person may")

Repeal the paragraph, substitute:

If a decision has been reviewed by the ART, in some

circumstances the ART Act allows a person to apply to refer the

matter to the ART as constituted by the guidance and appeals panel

for further review.

Schedule 3

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Main amendments

108

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

65 Section 8

7A (paragraph beginning "The rules")

Omit "AAT" (wherever occurring), substitute "ART".

66 Section 8

7A (paragraph beginning "The AAT Act")

Repeal the paragraph, substitute:

Subject to the modifications in this Part, the ART Act allows a

person to appeal to a court on a question of law from a decision of

the ART.

67 Section 89

Before

"An", insert "(1)".

68 Section 89

Omit "AAT for review (

AAT first review

)", substitute "ART for review

(

ART review

)".

69 At the end of section 89

Add:

(2) If a guidance and appeals panel application is taken to have been

made because the ART's decision

on ART review is referred to the

guidance and appeals panel, review of the decision to which that

application relates is also an

ART review

70 Subsection 90(1) (note)

Repeal the note, substitute:

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.

71 At the end of section 90

Add:

(3) Subsection (2) does not apply in relation to an application for ART

review that is a guidance and appeals panel application.

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Provisions No. 1) Bill 2023

109

72 At the end of section 91

Add:

(4) This section does not apply in relation to an application for ART

review that is a guidance and appeals panel application.

73 Subsections 92(4) and (5)

Repeal the subsections.

74 Before section 95A

Insert:

94 Decision-maker taken to have elected not to participate in ART

review proceeding

For the purposes of ART review of a decision, the decision-maker

for the decision is taken to have given the ART an election notice

(within the meaning of the ART Act) in relation to a kind of

proceeding that is a proceeding for ART review of the decision.

75 Section 95A

Repeal the section, substitute:

95A Operation and implementation of decision under ART review

Subsection 32(2) (ART may stay operation or implementation) of

the ART Act does not apply in relation to a proceeding for ART

review unless the proceeding is in relation to a guidance and

appeals panel application.

95AA Remitting decisions for reconsideration

Section 85 (ART may remit decision to decision-maker for

reconsideration) of the ART Act does not apply in relation to a

proceeding for ART review unless the proceeding is in relation to a

guidance and appeals panel application.

Schedule 3

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110

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

95AB Requesting reasons for decision

Section 268 (requesting reasons for reviewable decision from

decision-maker) of the ART Act does not apply in relation to a

decision for which an application for ART review may be made.

95AC Legal or financial assistance

(1) Subsection 294(1) (legal or financial assistance for applicants) of

the ART Act does not apply in relation to:

(a) a person who proposes to apply to the ART for ART review;

(b) a person who applies to the ART for ART review, unless the

proceeding in relation to the application is a guidance and

appeals panel proceeding.

(2) Subsection 294(3) (legal or financial assistance for other parties) of

the ART Act does not apply in relation to a proceeding for ART

review unless the proceeding is a guidance and appeals panel

proceeding.

(3) Subsection 294(4) (legal or financial assistance for court

proceedings) of the ART Act does not apply in relation to a matter

that relates to a proceeding for ART review unless the proceeding

is a guidance and appeals panel proceeding.

76 After subsection 95B(1)

Insert:

(1A) Subsection (1) does not apply if the application is a guidance and

appeals panel application.

(1B) If:

(a) a person makes an application (the

referral application

)

under section 1

23 of the ART Act to refer the ART's

decision on ART review to the guidance and appeals panel;

and

(b) the person is taken to have made a guidance and appeals

panel application because the ART's decision is referred to

the guidance and appeals panel; and

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Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

111

reviewable decision

) to which the guidance and appeals

panel application relates:

(i) after the referral application is made; and

(ii) before the ART is constituted for the purposes of the

proceeding in relation to the guidance and appeals panel

application;

the guidance and appeals panel application is taken to be a

guidance and appeals panel application in relation to the

reviewable decision as varied or substituted by the Registrar.

77 Subsection 95B(3)

Repeal the subsection.

78 Subsection 95C(1)

Repeal the subsection, substitute:

(1) The ART may, in relation to an application for ART review (other

than a guidance and appeals panel application), request the

Registrar to lodge with the ART the statement and other documents

referred to in section 23 (decision-maker must give ART reasons

and documents

general rule) of the ART Act before the end of

the period that otherwise applies.

79 Subsection 95H(1)

Repeal the subsection, substitute:

(1) If the ART reasonably believes that a person has information that

is relevant to an ART review and the person is not a party to the

review, the ART may, by written notice given to the person,

require the person to give to the ART, within the period and in the

manner specified in the notice, any such information.

Note:

Section 74 o

f the ART Act deals with the ART's power to summon a

person to give evidence or produce documents.

80 Subsection 95H(2) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

Schedule 3

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112

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

81 Section 95J (heading)

Repeal the heading, substitute:

95J ART may require Registrar to obtain information for ART

review

82 Subsection 95J(1)

Omit "If the AAT is satisfied that a person has information, or custody

or control of a document, that is relevant to an AAT first review, the

AAT may", substitute "If the ART is satisfied that a person has

information, or custody or control of a document, that is relevant to an

ART review, the ART may".

83 Section 95K

Repeal the section, substitute:

95K Hearing of certain ART reviews in private

(1) This section applies in relation to a proceeding for ART review if

the ART is constituted for the purposes of the proceeding

otherwise than by the guidance and appeals panel.

(2) The hearing of the proceeding must be in private.

(3) The ART may give directions, in writing or otherwise, as to the

persons who may be present at the hearing of the proceeding.

(4) In giving directions, the ART must have regard to the wishes of the

parties and the need to protect their privacy.

(5) Section 69 (hearings to be in public unless practice directions or

ART order requires otherwise) of the ART Act does not apply in

relation to the hearing of the proceeding.

84 Subsection 95N(1)

Repeal the subsection, substitute:

(1) If:

(a) on ART review, the ART varies or substitutes a decision on

an objection to a care percentage decision; and

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Provisions No. 1) Bill 2023

113

(b) the application for ART review was made more than 28 days,

or, if the applicant is a resident of a reciprocating jurisdiction,

90 days, after notice of the decision was given; and

appeals panel application;

then, despite subsections 108(4) and (5) of the ART Act, the

decision as varied or substituted by the ART has or is taken to have

had effect on and from the day the application for ART review was

made.

85 Subsection 95N(3) (note)

Repeal the note.

86 Sections 95P and 95Q

Repeal the sections.

87 Divisions 4 and 5 of Part VIIA

Repeal the Divisions.

88 Division 6 of Part VIIA (heading)

Repeal the heading.

89 Before section 98D

Insert:

Division

4--Appeals and references of questions of law

90 At the end of Part VIIA

Add:

99 Appeals to Federal Circuit and Family Court of Australia

(Division 2)

(1) A party to a proceeding for ART review may appeal to the Federal

Circuit and Family Court of Australia (Division 2), on a question

of law, from the decision of the ART in the proceeding.

(2) Subsection (1) does not apply if the decision is made by the ART

constituted by a member who is, or members at least one of whom

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is, a Judge or a Deputy President (within the meaning of the ART

Act).

(3) The following provisions of the ART Act apply in relation to any

such appeal as if the appeal were an appeal under section 172

(party may appeal) of that Act and in relation to the Federal Circuit

and Family Court of Australia (Division 2) in the same way as they

apply in relation to the Federal Court of Australia:

(a) section 1

07 (when ART's decision on review comes into

operation);

(b) section 174 (time and manner for making appeals);

powers of Federal Court);

(d) Division 4 of Part 7 (matters remitted to ART), other than

subparagraph 182(b)(ii);

(e) Division 6 of Part 7 (sending and disclosing documents),

other than paragraph 186(b) and subsections 187(2) and

188(2).

(4) Subsection 174(4) of the ART Act applies in relation to any such

appeal as if the reference in that subsection to Rules of Court made

under the

Federal Court of Australia Act 1976

were a reference to

Rules of Court made under Chapter 4 of the

Federal Circuit and

Family Court of Australia Act 2021

(5) This section does not affect the operation of section 172 of the

ART Act in relation to a proceeding for ART review.

91 Paragraphs 110P(2)(b) and (c)

Repeal the paragraphs, substitute:

(b) subsection 32(2) of the ART Act;

(d) subsection 178(2) of the ART Act, including that subsection

as it applies because of section 99 of this Act.

92 Paragraphs 110Q(b) to (d)

Repeal the paragraphs, substitute:

(b) an application to the ART for ART review of that objection;

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ART Act;

(d) an appeal to another court from that appeal under Division 2

of Part VIII of this Act, and any subsequent appeals under

that Division.

93 Paragraph 110W(1)(b)

Repeal the paragraph, substitute:

(b) no application may be made under section 123 of the ART

Act to refer the decision to the guidance and appeals panel;

and

94 Paragraph 110W(1A)(b)

Repeal the paragraph, substitute:

(b) application may be made under section 123 of the ART Act

to refer the decision to the guidance and appeals panel; and

95 After subparagraph 110W(4)(b)(ii)

Insert:

(iia) an application may be made under section 123 of the

ART Act to refer the decision of the ART on review of

that decision to the guidance and appeals panel;

96 Subsection 110X(7) (definition of

designated review

proceedings

)

Repeal the definition, substitute:

designated review proceedings

means proceedings:

(a) in the ART for ART review; or

(b) in a court under Part 7 of the ART Act in relation to such a

review.

97 After paragraph 110Z(1)(a)

Insert:

(aa) the application for review of the original decision is not a

guidance and appeals panel application; and

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98 Section 111A

Omit "decisions subject to AAT second review, for which the AAT Act

makes provision", substitute "decisions subject to ART review by the

guidance and appeals panel, for which the ART Act makes provision".

99 Paragraph 111C(1)(c)

Repeal the paragraph, substitute:

relation to a guidance and appeals panel application; or

Disability Services Act 1986

100 Subsection 26(5) (note)

Repeal the note, substitute:

Note:

Section 266 of the

Administrative Review Tribunal Act 2024

requires a

decision-maker to notify persons whose interests are affected by the

decision of the making of the decision and their right to have the

decision reviewed. In so notifying, the decision-maker must have

regard to the matters (if any) prescribed by rules made under that Act.

Marriage Act 1961

101 Subsection 34(1)

Omit all the words before paragraph (a), substitute:

(1) An application may be made to the Administrative Review

Tribunal for a review of a decision of a Registrar:

National Disability Insurance Scheme Act 2013

102 Subsection 103(1) (note)

Repeal the note.

103 After subsection 103(1)

Insert:

(1A) An application under subsection (1) may be made only by, or on

behalf of, a person directly affected by the decision.

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(1B) Sections 266 (decision-maker to give notice of decision and review

rights) and 268 (requesting reasons for reviewable decision from

decision-maker) of the

Administrative Review Tribunal Act 2024

apply only in relation to a person directly affected by the decision.

104 Paragraph 103(2)(c)

Omit "despite

subsection 26(1) of the

Administrative Appeals Tribunal

Act 1975

", substitute "despite

subsection 31(1) of the

Administrative

Review Tribunal Act 2024

Paid Parental Leave Act 2010

105 Section 4

(paragraph beginning "Part

2")

Repeal the paragraph, substitute:

Part 5-2 allows a person to apply to the Administrative Review

Tribunal (ART) for review of certain decisions made under this

Act. This review is called ART review.

106 Section 4

(paragraph beginning "Part

3")

Repeal the paragraph, substitute:

If a decision has been reviewed by the ART, in some

circumstances the ART Act allows a person to apply to refer the

matter to the ART as constituted by the guidance and appeals panel

for further review.

107 Section 6

Repeal the following definitions:

(a) definition of

AAT

;

(b) definition of

AAT Act

;

AAT first review

;

(d) definition of

AAT reviewable claimant decision

;

(e) definition of

AAT reviewable employer decision

;

(f) definition of

AAT second review

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108 Section 6

Insert:

ART

means the Administrative Review Tribunal.

ART Act

means the

Administrative Review Tribunal Act 2024

ART Principal Registrar

means the Chief Executive Officer and

Principal Registrar of the ART.

ART review

(a) in relation to an ART reviewable claimant decision

see

section 216; and

(b) in relation to an ART reviewable employer decision

see

section 224.

ART reviewable claimant decision

: see subsection 215(3).

ART reviewable employer decision

: see subsection 223(2).

109 Section 6 (definition of

decision

)

Omit "AAT Act", substitute "ART Act".

110 Section 6

Insert:

guidance and appeals panel

has the same meaning as in the ART

Act.

guidance and appeals panel application

has the same meaning as

in the ART Act.

guidance and appeals panel proceeding

has the same meaning as

in the ART Act.

111 Section 2

13 (paragraph beginning "This Part")

Omit "Administrative Appeals Tribunal", substitute "Administrative

Review T

ribunal".

112 Section 2

13 (paragraph beginning "This Part")

Omit "AAT first reviews", substitute "ART reviews".

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113 Section 2

13 (paragraph beginning "AAT first review is

available")

Repeal the paragraph, substitute:

ART review is available for certain claimant decisions (called ART

reviewable claimant decisions). People whose interests are affected

by ART reviewable claimant decisions may apply for ART review

of those decisions.

114 Section 2

13 (paragraph beginning "AAT first review is

also available")

Repeal the paragraph, substitute:

ART review is also available for certain employer determination

decisions and employer funding amount decisions (called ART

reviewable employer decisions). Employers may apply for ART

review of ART reviewable employer decisions.

115 Section 2

13 (paragraph beginning "The rules")

Repeal the paragraph, substitute:

The rules relating to review by the ART are mainly in the ART

Act, but this Part modifies the operation of that Act in some ways

for the purposes of ART reviews.

116 After subsection 216(1)

Insert:

(1A) If a guidance and appeals panel application is taken to have been

made because the ART's decision on review of an ART reviewable

claimant decision is referred to the guidance and appeals panel,

review of the decision to which that application relates is also an

ART review

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117 Subsection 224(1)

Omit "AAT for review (

AAT first review

) of an AAT reviewable

employer decision", substitute "ART for review (

ART review

) of an

ART reviewable employer decision".

118 After subsection 224(1)

Insert:

(1A) If a guidance and appeals panel application is taken to have been

made because the ART's decision on review of an AAT reviewable

employer decision is referred to the guidance and appeals panel,

review of the decision to which that application relates is also an

ART review

119 Paragraphs 224(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) sections 18 and 19 of the ART Act (which deal with when

applications for review may be made); and

(b) subsection 34(1) of the ART Act (which deals with the

manner of applying for review).

120 After section 224A

Insert:

224B Decision-maker taken to have elected not to participate in

ART review proceeding

For the purposes of ART review of a decision, the decision-maker

for the decision is taken to have given the ART an election notice

(within the meaning of the ART Act) in relation to a kind of

proceeding that is a proceeding for ART review of the decision.

121 Section 225

Repeal the section, substitute:

225 Operation and implementation of decision under ART review

Subsection 32(2) (ART may stay operation or implementation) of

the ART Act does not apply in relation to a proceeding for ART

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review unless the proceeding is in relation to a guidance and

appeals panel application.

225A Remitting decisions for reconsideration

Section 85 (ART may remit decision to decision-maker for

reconsideration) of the ART Act does not apply in relation to a

proceeding for ART review unless the proceeding is in relation to a

guidance and appeals panel application.

225B Requesting reasons for decision

Section 268 (requesting reasons for reviewable decision from

decision-maker) of the ART Act does not apply in relation to a

decision for which an application for ART review may be made.

225C Legal or financial assistance

(1) Subsection 294(1) (legal or financial assistance for applicants) of

the ART Act does not apply in relation to:

(a) a person who proposes to apply to the ART for ART review;

(b) a person who applies to the ART for ART review, unless the

proceeding in relation to the application is a guidance and

appeals panel proceeding.

(2) Subsection 294(3) (legal or financial assistance for other parties) of

the ART Act does not apply in relation to a proceeding for ART

review unless the proceeding is a guidance and appeals panel

proceeding.

(3) Subsection 294(4) (legal or financial assistance for court

proceedings) of the ART Act does not apply in relation to a matter

that relates to a proceeding for ART review unless the proceeding

is a guidance and appeals panel proceeding.

122 Subsection 226(2)

Repeal the subsection, substitute:

(2) Subsection (1) does not apply if the application is a guidance and

appeals panel application.

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(3) If:

(a) a person makes an application (the

referral application

)

under section 1

23 of the ART Act to refer the ART's

decision on ART review to the guidance and appeals panel;

and

(b) the person is taken to have made a guidance and appeals

panel application because the ART's decision is referred to

the guidance and appeals panel; and

reviewable

decision

) to which the guidance and appeals panel

application relates:

(i) after the referral application is made; and

(ii) before the ART is constituted for the purposes of the

proceeding in relation to the guidance and appeals panel

application;

the guidance and appeals panel application is taken to be a

guidance and appeals panel application in relation to the

reviewable decision as varied or substituted by the officer.

123 Subsection 227(1)

Repeal the subsection, substitute:

(1) The ART may, in relation to an application for ART review (other

than a guidance and appeals panel application), request the

Secretary to lodge with the ART the statement and other

documents referred to in section 23 (decision-maker must give

ART reasons and documents

general rule) of the ART Act before

the end of the period that otherwise applies.

124 Subsection 227(3)

Omit "

subsection 3

7(1A) of the AAT Act (which allows the AAT",

substitute "

subsection 2

8(4) of the ART Act (which allows the ART".

125 Section 230 (heading)

Repeal the heading, substitute:

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230

ART's power to obtain information for ART review

126 Subsection 230(1)

Repeal the subsection, substitute:

(1) If the ART reasonably believes that a person has information that

is relevant to an ART review and the person is not a party to the

review, the ART may, by written notice given to the person,

require the person to give to the ART, within the period and in the

manner specified in the notice, any such information.

Note:

Section 7

4 of the ART Act deals with the ART's power to summon a

person to give evidence or produce documents.

127 Paragraph 230(2)(a)

Omit "AAT", substitute "ART".

128 Subsection 230(2) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

129 Section 231 (heading)

Repeal the heading, substitute:

231 ART may require Secretary to obtain information for ART

review

130 Subsection 231(1)

Omit "If the A

AT reasonably believes that a person will be able to give

information, or produce a document, that is relevant to an AAT first

review, the AAT may", substitute "If the ART reasonably believes that

a person will be able to give information, or produce a document, that is

relevant to an ART review, the ART may".

131 Section 232

Repeal the section, substitute:

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232 Hearing of certain ART reviews in private

(1) This section applies in relation to a proceeding for ART review if

the ART is constituted for the purposes of the proceeding

otherwise than by the guidance and appeals panel.

(2) The hearing of the proceeding must be in private.

(3) The ART may give directions, in writing or otherwise, as to the

persons who may be present at the hearing of the proceeding.

(4) In giving directions, the ART must have regard to the wishes of the

parties and the need to protect their privacy.

(5) Section 69 of the ART Act does not apply in relation to the hearing

of the proceeding.

Note:

Section 69 of the ART Act deals with when hearings of proceedings in

the ART are in public or private.

132 Subsection 233(3)

Omit "If the AAT arranges for the provision of a medical service in

relation to a party to an AAT first review, the AAT may", substitute "If

the ART arranges for the provision of a medical service in relation to a

party to an ART review, the ART may".

133 Subsection 234(3)

Repeal the subsection, substitute:

ART Act

(3) Subsections (1) and (2) apply despite subsections 108(4) and (5) of

the ART Act (which deal with when ART decisions take effect).

134 Section 235

Repeal the section.

135 Part 5-3

Repeal the Part.

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Social Security Act 1991

136 Subsection 23(1)

Repeal the following definitions:

(a) definition of

AAT

;

(b) definition of

AAT Act

;

AAT first review

;

(d) definition of

AAT second review

137 Subsection 23(1)

Insert:

ART

means the Administrative Review Tribunal.

ART Act

means the

Administrative Review Tribunal Act 2024

ART review

has the same meaning as in the Administration Act.

138 Subsection 23(1) (definition of

decision

)

Repeal the definition, substitute:

decision

has the same meaning as in the ART Act.

Note:

Section 4 of the ART Act defines

decision

to include the following:

(a) making, suspending, revoking or refusing to make an order or

determination;

(b) giving, suspending, revoking or refusing to give a certificate,

direction, approval, consent or permission;

authority or other instrument;

(d) imposing a condition or restriction;

(e) making a declaration, demand or requirement;

(f) retaining, or refusing to deliver up, an article;

(g) doing or refusing to do any other act or thing.

139 Subsection 1061ZZFL(2)

Repeal the subsection, substitute:

(2) A notice of the decision must include a statement to the effect that:

(a) if the applicant is dissatisfied with the decision of the

Commissioner on the application, an application may, subject

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to the ART Act, be made to the ART for review of the

decision; and

(b) the applicant may, under section 268 of that Act, request a

statement of reasons for the decision.

140 Paragraphs 1223AB(a) and (b)

Repeal the paragraphs, substitute:

(a) a person applies for ART review of a decision; and

(b) the ART makes an order under subsection 32(2) (ART may

stay operation or implementation) of the ART Act; and

Social Security (Administration) Act 1999

141 Subsection 138D(6) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the ART Ac

t".

142 Subsection 138F(7) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 2

66 of the ART Act".

143 Section 139

Omit

"AAT for a review (an "AAT first review")"

, substitute

ART for

a review (an "ART review")"

144 Section 1

39 (paragraph beginning "If a person is

dissatisfied with a decision of the AAT")

Repeal the paragraph, substitute:

If a decision has been reviewed by the ART, in some

circumstances the ART Act allows a person to apply to refer the

matter to the ART as constituted by the guidance and appeals panel

for further review.

145 Section 1

39 (paragraph beginning "The rules")

Omit "AAT" (wherever occurring), substitute "ART".

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146 Section 1

39 (paragraph beginning "The AAT Act")

Repeal the paragraph, substitute:

The ART Act allows a person to appeal to the Federal Court on a

question of law from a decision of the ART.

147 Subsection 142(1)

Omit "AAT for review (

AAT first review

)", substitute "ART for review

(

ART review

)".

148 After subsection 142(1)

Insert:

(2) If a guidance and appeals panel application is taken to have been

made because the ART's decision on ART review is referred to the

guidance and appeals panel, review of the decision to which that

application relates is also an

ART review

149 After section 142A

Insert:

142B Decision-maker taken to have elected not to participate in

ART review proceeding

For the purposes of ART review of a decision, the decision-maker

for the decision is taken to have given the ART an election notice

(within the meaning of the ART Act) in relation to a kind of

proceeding that is a proceeding for ART review of the decision.

150 Subdivision C of Division 2 of Part 4A (heading)

Repeal the heading, substitute:

Subdivision C

ART review: relationship with ART Act

151 Section 147

Before "For", insert "(1)".

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152 Section 147 (table heading)

Omit "

AAT Act

", substitute "

ART Act

153 Section 1

47 (table, heading to column headed "Provision

of AAT Act")

Omit "

AAT Act

", substitute "

ART Act

154 Section 147 (table, heading to column headed

"Application or modification of provision of AAT Act")

Omit "

AAT Act

", substitute "

ART Act

155 Section 147 (cell at table item 1, column headed

"Provision of AAT Act")

Repeal the cell, substitute:

Section 18 (when to

apply for review)

156 Section 147 (table item

1, column headed "Application or

modification of provision of AAT Act")

Omit "paragraph", substitute "section".

157 Section 147 (table items 2 and 4)

Repeal the table items.

158 Section 147 (cell at table item 5, column headed

"Provision of AAT Act")

Repeal the cell, substitute:

Section 54 (ART

can exercise powers

of decision-maker)

159 Section 147 (table item

5, column headed "Application or

modification of provision of AAT Act")

Omit "subsection", substitute "section".

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160 Section 147 (cell at table item 6, column headed

"Provision of AAT Act")

Repeal the cell, substitute:

Section 54 (ART

can exercise powers

of decision-maker)

161 Section 147 (cell at table item 6, column headed

"Application or modification

of provision of AAT Act")

Repeal the cell, substitute:

The section does not apply

162 Section 147 (after table item 6)

Insert:

An employment

pathway plan

decision

Section 105 (ART

decision on review

of reviewable

decision)

The section has effect as if the

following were omitted:

(a) paragraph (b);

(b) subparagraph (c)(i)

163 Section 147 (table item 7)

Repeal the item.

164 Section 147 (table item

8, column headed "Decision or

matter")

Omit "AAT first review, other than an AAT", substitute "ART

review,

other than an ART".

165 Section 147 (cell at table item 8, column headed

"Provision of AAT Act")

Repeal the cell, substitute:

Subsection 108(4)

(time of effect of

ART decision)

166 Section 147 (cell at table item 8, column headed

"Application or

modification of provision of AAT Act")

Repeal the cell, substitute:

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The subsection has effect as if

the decision under review (the

reviewable decision

) had taken

effect on the day a person made

the first review application in

relation to the reviewable

decision, if:

(a) the person applies for ART

review of the reviewable

decision; and

(b) either:

(i) the application is

made more than 90

days after the person

is given written

notice of the

reviewable decision

under the social

security law; or

(ii) if the application is a

guidance and appeals

panel application

taken to be made

because the ART's

decision on review of

the reviewable

decision is referred to

the guidance and

appeals panel

the

application under

section 123 of the

ART Act to refer the

ART's decision is

made more than 90

days after the person

is given notice of the

ART's decision; and

varies the reviewable

decision or sets the

reviewable decision aside;

and

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(d)

the effect of the ART's

decision is:

(i) to grant

the person's

claim for a social

security payment or a

concession card; or

(ii) to direct the making

of a payment of a

social security

payment to the

person or the issue of

a concession card to

the person, as the

case may be; or

(iii) to increase the rate

of the person's social

security payment

167 Section 147 (at the end of the table)

Add:

A decision to

which this

Division applies

Section 268

(requesting reasons

for reviewable

decision from

decision-maker)

The section does not apply

168 At the end of section 147

Add:

(2) For the purposes of item 8 of the table in subsection (1), the

first

review application

in relation to a reviewable decision is:

(a) the application for ART review of the reviewable decision; or

(b) if more than one such application has been made

the

application that was made first.

169 At the end of Subdivision C of Division 2 of Part 4A

Add:

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147A Operation and implementation of decision under ART review

Subsection 32(2) (ART may stay operation or implementation) of

the ART Act does not apply in relation to a proceeding for ART

review unless the proceeding is in relation to a guidance and

appeals panel application.

147B Remitting decisions for reconsideration

Section 85 (ART may remit decision to decision-maker for

reconsideration) of the ART Act does not apply in relation to a

proceeding for ART review unless the proceeding is in relation to a

guidance and appeals panel application.

147C Legal or financial assistance

(1) Subsection 294(1) (legal or financial assistance for applicants) of

the ART Act does not apply in relation to:

(a) a person who proposes to apply to the ART for ART review;

(b) a person who applies to the ART for ART review, unless the

proceeding in relation to the application is a guidance and

appeals panel proceeding.

(2) Subsection 294(3) (legal or financial assistance for other parties) of

the ART Act does not apply in relation to a proceeding for ART

review unless the proceeding is a guidance and appeals panel

proceeding.

(3) Subsection 294(4) (legal or financial assistance for court

proceedings) of the ART Act does not apply in relation to a matter

that relates to a proceeding for ART review unless the proceeding

is a guidance and appeals panel proceeding.

170 Subsection 148(1)

Repeal the subsection, substitute:

(1) The ART may, in relation to an application for ART review (other

than a guidance and appeals panel application), request the

Secretary to lodge with the ART the statement and other

documents referred to in section 23 (decision-maker must give

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ART reasons and documents

general rule) of the ART Act before

the end of the period that otherwise applies.

171 Section 165A (heading)

Repeal the heading, substitute:

165A

ART's power to obtain information for ART review

172 Subsection 165A(1)

Repeal the subsection, substitute:

(1) If the ART reasonably believes that a person has information that

is relevant to an ART review and the person is not a party to the

review, the ART may, by written notice given to the person,

require the person to give to the ART, within the period and in the

manner specified in the notice, any such information.

Note:

Section 7

4 of the ART Act deals with the ART's power to summon a

person to give evidence or produce documents.

173 Subsection 165A(2) (penalty)

Repeal the penalty, substitute:

Penalty: Imprisonment for 6 months or 30 penalty units, or both.

174 Section 168

Repeal the section, substitute:

168 Hearing of certain ART reviews in private

(1) This section applies in relation to a proceeding for ART review if

the ART is constituted for the purposes of the proceeding

otherwise than by the guidance and appeals panel.

(2) The hearing of the proceeding must be in private.

(3) The ART may give directions, in writing or otherwise, as to the

persons who may be present at the hearing of the proceeding.

(4) In giving directions, the ART must have regard to the wishes of the

parties and the need to protect their privacy.

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Provisions No. 1) Bill 2023

No. , 2023

(5) Section 69 (hearings to be in public unless practice directions or

ART order requires otherwise) of the ART Act does not apply in

relation to the hearing of the proceeding.

175 Section 178

Repeal the section.

176 Division 3 of Part 4A

Repeal the Division.

177 Division 4 of Part 4A (heading)

Repeal the heading.

178 Subsections 182(2) and (3)

Repeal the subsections, substitute:

(2) Subsection (1) does not apply if the application is a guidance and

appeals panel application.

(3) If:

(a) a person makes an application (the

referral application

)

under section 123 of th

e ART Act to refer the ART's

decision on ART review to the guidance and appeals panel;

and

(b) the person is taken to have made a guidance and appeals

panel application because the ART's decision is referred to

the guidance and appeals panel; and

reviewable

decision

) to which the guidance and appeals panel

application relates:

(i) after the referral application is made; and

(ii) before the ART is constituted for the purposes of the

proceeding in relation to the guidance and appeals panel

application;

the guidance and appeals panel application is taken to be a

guidance and appeals panel application in relation to the

reviewable decision as varied or substituted by the officer.

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Provisions No. 1) Bill 2023

135

179 Subsection 183(1)

mit "(1)".

180 Subsection 183(2)

Repeal the subsection.

181 Subclause 1(1) of Schedule 1

Repeal the following definitions:

(a) definition of

AAT

;

(b) definition of

AAT Act

;

AAT first review

;

(d) definition of

AAT second review

182 Subclause 1(1) of Schedule 1

Insert:

ART

means the Administrative Review Tribunal.

ART Act

means the

Administrative Review Tribunal Act 2024

ART Principal Registrar

means the Chief Executive Officer and

Principal Registrar of the ART.

ART review

has the meaning given by section 142.

guidance and appeals panel

has the same meaning as in the ART

Act.

guidance and appeals panel application

has the same meaning as

in the ART Act.

guidance and appeals panel proceeding

has the same meaning as

in the ART Act.

Student Assistance Act 1973

183 Subsection 3(1)

Repeal the following definitions:

(a) definition of

AAT

;

(b) definition of

AAT Act

;

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Provisions No. 1) Bill 2023

No. , 2023

AAT first review

;

(d) definition of

AAT second review

184 Subsection 3(1)

Insert:

ART

means the Administrative Review Tribunal.

ART Act

means the

Administrative Review Tribunal Act 2024

ART Principal Registrar

means the Chief Executive Officer and

Principal Registrar of the ART.

ART review

has the meaning given by section 311.

guidance and appeals panel

has the same meaning as in the ART

Act.

guidance and appeals panel application

has the same meaning as

in the ART Act.

guidance and appeals panel proceeding

has the same meaning as

in the ART Act.

185 Subsection 12ZQ(2)

Repeal the subsection, substitute:

(2) A notice under subsection 12ZP(3) must include a statement to the

effect that:

(a) if the person is dissatisfied with the decision of the

Commissioner on the application under section 12ZP,

application may, subject to the ART Act, be made to the

ART for review of the decision; and

(b) the person may, under section 268 of that Act, request a

statement of reasons for the decision.

186 Subsection 43X(3) (definition of

decision

)

Omit "

Administrative Appeals Tribunal Act 1975

", substitute "ART

Act".

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Provisions No. 1) Bill 2023

137

187 Paragraph 304(2)(a)

Omit "3 months", substitute "90 days".

188 Subsection 308D(6) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 2

66 of the ART Act".

189 Subsection 308F(7) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 2

66 of the ART Act".

190 After subsection 308J(1)

Insert:

(1A) Subsection (1) does not apply if the application is a guidance and

appeals panel application.

(1B) If:

(a) a person makes an application (the

referral application

)

under section 1

23 of the ART Act to refer the ART's

decision on review of a reviewable decision to the guidance

and appeals panel; and

(b) the person is taken to have made a guidance and appeals

panel applic

ation because the ART's decision is referred to

the guidance and appeals panel; and

decision (the

referred decision

) to which the guidance and

appeals panel application relates:

(i) after the referral application is made; and

(ii) before the ART is constituted for the purposes of the

proceeding in relation to the guidance and appeals panel

application;

the guidance and appeals panel application is taken to be a

guidance and appeals panel application in relation to the referred

decision as varied by the reviewer.

191 At the end of section 308J

Add:

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Provisions No. 1) Bill 2023

No. , 2023

(3) Subsection (2) does not apply if the application is a guidance and

appeals panel application.

(4) If:

(a) a person makes an application (the

referral application

)

under section 1

23 of the ART Act to refer the ART's

decision on review of a reviewable decision to the guidance

and appeals panel; and

(b) the person is taken to have made a guidance and appeals

panel application because the ART'

s decision is referred to

the guidance and appeals panel; and

the decision to which the guidance and appeals panel

application relates and substitutes a new decision:

(i) after the referral application is made; and

(ii) before the ART is constituted for the purposes of the

proceeding in relation to the guidance and appeals panel

application;

the guidance and appeals panel application is taken to be a

guidance and appeals panel application in relation to the new

decision.

192 Section 309

Omit

"AAT for review of the decision (an "AAT first review")"

substitute

"ART for review of the decision (an "ART review")"

193 Section 3

09 (paragraph beginning "If a person is

dissatisfied with a decisi

on of the AAT")

Repeal the paragraph, substitute:

If a decision has been reviewed by the ART, in some

circumstances the ART Act allows a person to apply to refer the

matter to the ART as constituted by the guidance and appeals panel

for further review.

194 Section 3

09 (paragraph beginning "The rules")

Omit "AAT" (wherever occurring), substitute "ART".

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Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

139

195 Section 3

09 (paragraph beginning "The AAT Act")

Repeal the paragraph, substitute:

The ART Act allows a person to appeal to the Federal Court on a

question of law from a decision of the ART.

196 Subsection 311(1)

Omit "AAT for review (

AAT first review

)", substitute "ART for review

(

ART review

)".

197 After subsection 311(1)

Insert:

(1A) If a guidance and appeals panel application is taken to have been

de because the ART's decision on ART review is referred to the

guidance and appeals panel, review of the decision to which that

application relates is also an

ART review

198 After section 311A

Insert:

311B Decision-maker taken to have elected not to participate in

ART review proceeding

For the purposes of ART review of a decision, the decision-maker

for the decision is taken to have given the ART an election notice

(within the meaning of the ART Act) in relation to a kind of

proceeding that is a proceeding for ART review of the decision.

199 Paragraph 312(1)(a)

Omit "3 months", substitute "90 days".

200 Subsection 312(2)

Repeal the subsection, substitute:

(2) Subsection (1) applies despite sections 18 and 19 of the ART Act

(which deal with when applications for review may be made).

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Provisions No. 1) Bill 2023

No. , 2023

(3) Subsection (1) does not apply in relation to an application for ART

review that is a guidance and appeals panel application.

201 Section 313

Repeal the section, substitute:

313 Operation and implementation of decision under ART review

Subsection 32(2) (ART may stay operation or implementation) of

the ART Act does not apply in relation to a proceeding for ART

review unless the proceeding is in relation to a guidance and

appeals panel application.

313A Remitting decisions for reconsideration

Section 85 (ART may remit decision to decision-maker for

reconsideration) of the ART Act does not apply in relation to a

proceeding for ART review unless the proceeding is in relation to a

guidance and appeals panel application.

313B Requesting reasons for decision

Section 268 (requesting reasons for reviewable decision from

decision-maker) of the ART Act does not apply in relation to a

decision for which an application for ART review may be made.

313C Legal or financial assistance

(1) Subsection 294(1) (legal or financial assistance for applicants) of

the ART Act does not apply in relation to:

(a) a person who proposes to apply to the ART for ART review;

(b) a person who applies to the ART for ART review, unless the

proceeding in relation to the application is a guidance and

appeals panel proceeding.

(2) Subsection 294(3) (legal or financial assistance for other parties) of

the ART Act does not apply in relation to a proceeding for ART

review unless the proceeding is a guidance and appeals panel

proceeding.

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No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

141

(3) Subsection 294(4) (legal or financial assistance for court

proceedings) of the ART Act does not apply in relation to a matter

that relates to a proceeding for ART review unless the proceeding

is a guidance and appeals panel proceeding.

202 Subsection 315(2)

Repeal the subsection, substitute:

(2) Subsection (1) does not apply if the application is a guidance and

appeals panel application.

(3) If:

(a) a person makes an application (the

referral application

)

under section 1

23 of the ART Act to refer the ART's

decision on ART review to the guidance and appeals panel;

and

(b) the person is taken to have made a guidance and appeals

panel application because the ART's decision is referred to

the guidance and appeals panel; and

referred

decision

) to which the guidance and appeals panel

application relates:

(i) after the referral application is made; and

(ii) before the ART is constituted for the purposes of the

proceeding in relation to the guidance and appeals panel

application;

the guidance and appeals panel application is taken to be a

guidance and appeals panel application in relation to the referred

decision as varied or substituted by the officer.

203 Section 317

Omit all the words before paragraph (a), substitute:

If, on ART review of a decision, the ART sets the decision aside

under section 105 of the ART Act and substitutes for it a decision

that the person is entitled to financial supplement, the ART must:

204 Section 318

Repeal the section.

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Provisions No. 1) Bill 2023

No. , 2023

205 Section 319 (heading)

Repeal the heading, substitute:

319 Secretary or ART may treat event as having occurred if decision

set aside on ART review

206 Paragraph 319(a)

Repeal the paragraph, substitute:

(a) on ART review of a decision, the ART sets the decision aside

under section 105 of the ART Act; and

207 Subdivision C of Division 2 of Part 9

Repeal the Subdivision.

Social Services

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No. , 2023

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Provisions No. 1) Bill 2023

143

Part

2--Bulk amendments

A New Tax System (Family Assistance) Act 1999

208 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

35U(2)(a)

AAT

ART

35U(2)(a)

section 89 or

paragraph 96A(b)

section 89

85CE(3) (note)

section 27A of the AAT

Act

section 266 of the ART

Act

85CF(2) (note)

section 27A of the AAT

Act

section 266 of the ART

Act

85CH(4) (note)

section 27A of the AAT

Act

section 266 of the ART

Act

85CI(1) (note)

section 27A of the AAT

Act

section 266 of the ART

Act

A New Tax System (Family Assistance) (Administration) Act

1999

209 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit (wherever

occurring)

Substitute

67EB(2) (table item 3,

column headed "Fee

reduction decision")

AAT Act

ART Act

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144

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Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit (wherever

occurring)

Substitute

67EB(2) (table item 4,

column headed "Fee

reduction decision")

AAT Act

ART Act

73 (heading)

AAT

ART

100(2) (heading)

AAT

ART

100(2)

AAT

ART

102R(1)

Administrative Appeals

Tribunal

ART

103(b)

AAT Act

ART Act

105(2) (heading)

AAT

ART

105(2)

AAT

ART

106B (heading)

AAT

ART

106B(1)

to the AAT

to the ART

106B(1)

Registrar of the AAT

ART Principal Registrar

109A(4)

AAT

ART

109H(1)(a)

AAT Act, apply to the

AAT

ART Act, apply to the

ART

Division 2 of Part 5

(heading)

Administrative Appeals

Tribunal

ART

Subdivision B of

Division 2 of Part 5

(heading)

AAT first review

ART review

111 (heading)

AAT first review

ART review

111(2)(e)

AAT

ART

111(2A)

AAT first review

ART review

111A (heading)

AAT first review

ART review

111A(1)

AAT first review

ART review

111A(2)

The AAT

The ART

111A(2)

AAT first review

ART review

111A(2)

the AAT

the ART

111A(2A)

AAT first review

ART review

111A(3)

paragraph 29(1)(d) and

sections 18 and 19 of the

Social Services

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145

Amendments

Provision

Omit (wherever

occurring)

Substitute

subsections 29(7) to (10)

of the AAT Act

ART Act (which deal with

when applications for

review may be made)

111A(3A)

AAT first review

ART review

111A(3B)

paragraph 29(1)(d) and

subsections 29(7) to (10)

of the AAT Act

sections 18 and 19 of the

ART Act (which deal with

when applications for

review may be made)

111A(4)

Paragraph 29(1)(d) of the

AAT Act does not apply

in relation to an

application for AAT first

review

Section 18 (when to apply

for review) of the ART

Act does not apply in

relation to an application

for ART review

Subdivision C of

Division 2 of Part 5

(heading)

AAT first review

ART review

111B

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

113 (heading)

AAT first review

ART review

113(1)(c)

AAT first review

ART review

113(4)(b)(i)

the AAT dismisses the

application for AAT first

review

the ART dismisses the

application for ART

review

113(4)(b)(ii)

the AAT determines the

AAT first review

the ART determines the

ART review

114 (heading)

AAT first review

ART review

114

AAT first review has been

made, the President of the

AAT

ART review has been

made, the President of the

ART

115 (heading)

AAT first review

ART review

115(1)

AAT first review

ART review

116 (heading)

AAT first review

certain ART reviews

116(2)

AAT

ART

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No. , 2023

Amendments

Provision

Omit (wherever

occurring)

Substitute

116(3)

subsection 37(1A) of the

AAT Act

subsection 28(4) of the

ART Act (which allows

the ART to shorten the

period for giving

documents)

116A (heading)

AAT first review

ART review

116A

AAT first review

ART review

116A

subsection 30(1) of the

AAT Act

subsection 22(1) of the

ART Act

119 (heading)

AAT first reviews

ART reviews

119(2)(a)

AAT

ART

122 (heading)

AAT first review

ART review

122(1)

AAT first review

ART review

122(2)

The AAT

The ART

122(2)(a)

AAT first review

ART review

122(4)

AAT

ART

123 (heading)

AAT first review

ART review

123(a)

the AAT has reviewed a

decision on application

referred to in section 89 or

paragraph 96A(b)

the ART has reviewed a

decision on application

referred to in section 89

123

despite subsection 43(1)

of the AAT Act, the AAT

must not, on AAT first

review

despite section 54 of the

ART Act, the ART must

not, on ART review

124 (heading)

AAT first review

ART review

124(2)

the AAT must

the ART must

124(2)

of the AAT

of the ART

124(2)(a)

on AAT first review, the

AAT

on ART review, the ART

124(2)(b)

on AAT first review, the

AAT

on ART review, the ART

125 (heading)

AAT first review

ART review

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147

Amendments

Provision

Omit (wherever

occurring)

Substitute

125(1)(a)

AAT first review

ART review

125(1)(c)

the AAT makes a decision

under subsection 43(1) of

the AAT Act

the ART makes a decision

under section 105 of the

ART Act

125(1)(d)

AAT

ART

125(1)

despite subsection 43(6)

of the AAT Act, the date

of effect of the decision of

the AAT

despite subsections 108(4)

and (5) of the ART Act,

the date of effect of the

decision of the ART

125(2)

AAT

ART

125A (heading)

AAT first review

ART review

125A(a)

the AAT makes a decision

on AAT first review

the ART makes a decision

on ART review

125A(b)

AAT's

ART's

125A

AAT's

ART's

127(b)

or the AAT

or the ART

127

AAT may

ART may

136 (heading)

AAT

ART

136(1)

AAT first review or AAT

second review

ART review

137 (heading)

AAT

ART

137(1)

AAT if the proceedings

are an AAT first review or

AAT second review

ART if the proceedings

are an ART review

137(2)

AAT

ART

137A (heading)

AAT

ART

137A(1)

AAT first review or AAT

second review

ART review

137A(1)(c)(iii)

AAT

ART

137A(4)

AAT first review or AAT

second review

ART review

137A(4)(c)(iii)

AAT

ART

137B (heading)

AAT

ART

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No. , 2023

Amendments

Provision

Omit (wherever

occurring)

Substitute

137B(1)

AAT first review or AAT

second review

ART review

137B(3)

AAT first review or AAT

second review

ART review

Subdivision G of

Division 2 of Part 5

(heading)

AAT single review

ART child care provider

review

138 (heading)

AAT single review

ART child care provider

review

139 (heading)

AAT single review

ART child care provider

review

139(1)

AAT for AAT single

review

ART for ART child care

provider review

139(1)

application for AAT

single review

application for ART child

care provider review

140 (heading)

AAT single review

ART child care provider

review

141 (heading)

AAT

ART

141(1)

AAT if the proceedings

are an AAT single review

ART if the proceedings

are an ART child care

provider review

141(2)

AAT

ART

152D (heading)

AAT reviews

certain ART reviews

152D(1)(a)

AAT

ART

235(4)(b)

Administrative Appeals

Tribunal

ART

Australian Hearing Services Act 1991

210 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Social Services

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Provisions No. 1) Bill 2023

149

Amendments

Provision

Omit

Substitute

65 (heading)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

65(4) (definition of

decision)

Administrative Appeals

Tribunal Act 1975

Administrative Review

Tribunal Act 2024

Child Support (Assessment) Act 1989

211 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit (wherever

occurring)

Substitute

33(4)(b)

AAT

ART

34(2)(b)(ii)

AAT

ART

44(6)(b)

AAT

ART

54L(2)(a)

AAT

ART

54L(2)(a)

section 111 or 128

section 111

63AB(2)(b)

AAT

ART

63AD(5)(b)

AAT

ART

63AE(3)(b)

AAT

ART

64AB(3)(b)

AAT

ART

64AH(3)(b)

AAT

ART

66C(2)(b)

AAT

ART

70(1A)(a)

AAT first review or AAT

second review

ART review

70(1A)(b)

Part IVA of the AAT Act

Part 7 of the ART Act

AAT first review or AAT

second review

ART review

Part IVA of the AAT Act

Part 7 of the ART Act

75(3)(c)

AAT

ART

75(4)(f)

AAT

ART

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No. , 2023

Amendments

Provision

Omit (wherever

occurring)

Substitute

76(3)(a)(ii)

AAT

ART

80G(4)(b)

AAT

ART

96(2)(b)

AAT

ART

98JA(2)(b)

AAT

ART

98RA(2)(b)

AAT

ART

139(2A)(e)

AAT

ART

139(2B)(b)

to the AAT for an AAT

first review

to the ART for an ART

review

139(2B) (note)

AAT

ART

146B(5)(c)

AAT

ART

146C(4)(a)

to the AAT for AAT first

review

to the ART for ART

review

146E(6)(b)

AAT

ART

151C(5)(b)

AAT

ART

Child Support (Registration and Collection) Act 1988

212 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit (wherever

occurring)

Substitute

7(3)

AAT

ART

16(2AA)

AAT

ART

16(2AB)

the AAT

the ART

16(2AB)

AAT first review or AAT

second review

ART review

16(2AC)

AAT

ART

16(3A)

AAT

ART

42C(4)(b)

AAT

ART

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Provisions No. 1) Bill 2023

151

Amendments

Provision

Omit (wherever

occurring)

Substitute

54(4)(b)

AAT

ART

68(3)(b)

AAT

ART

71E(3)(b)

AAT

ART

72T(1)

Administrative Appeals

Tribunal

ART

79B (heading)

AAT

ART

79B(1)(a)

AAT Act

ART Act

79B(1)(b)

Part IVA of the AAT Act

Part 7 of the ART Act

79B(3)(b)(i)

AAT

ART

79E

AAT

ART

83(4)(b)

AAT

ART

87(3)(b)

AAT

ART

87AA(4)(b)

AAT

ART

Part VIIA (heading)

Administrative Appeals

Tribunal

ART

Division 2 of Part VIIA

(heading)

AAT first review

ART review

89 (heading)

AAT first review

ART review

90 (heading)

AAT first review

ART review

90(1)

Paragraph 29(1)(d) of the

AAT Act

Section 18 of the ART

Act

90(1)

AAT first review

ART review

90(2)

paragraph 29(1)(d) of the

AAT Act

section 18 of the ART Act

90(2)

AAT first review

ART review

91 (heading)

AAT first review

ART review

91(1)

AAT first review has

ended

ART review has ended

91(1)

AAT first review that

ART review that

91(1)

the AAT

the ART

91(1)

AAT first review despite

ART review despite

91(3)

Subsections 29(7) to (10)

Section 19 (ART may

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No. , 2023

Amendments

Provision

Omit (wherever

occurring)

Substitute

of the AAT Act do

extend period for making

application) of the ART

Act does

91(3)

AAT first review

ART review

92 (heading)

AAT first review

ART review

92(1)

AAT first review, the

AAT

ART review, the ART

92(1)(b)

AAT

ART

92(1)(c)

AAT first review

ART review

92(1A)

AAT

ART

92(3)

AAT

ART

92(6)

AAT Act

ART Act

92(6)

AAT first review

ART review

93 (heading)

AAT first review

ART review

93(1)

Section 29AC of the AAT

Act

Section 21 (parties and

potential parties to be

notified of application) of

the ART Act

93(1)

AAT first review

ART review

93(1)

unless the AAT

unless the ART

93(2)

If the AAT

If the ART

93(2)

with the AAT

with the ART

93(2)

AAT first review

ART review

93(2)

subsection 37(1) of the

AAT Act

section 23 of the ART Act

Division 3 of Part VIIA

(heading)

AAT first review

ART review

95B (heading)

AAT first review

ART review

95B(1)

AAT first review

ART review

95B(2)

Registrar of the AAT

ART Principal Registrar

95C (heading)

AAT first review

certain ART reviews

95C(2)

AAT

ART

Social Services

Schedule 3

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

153

Amendments

Provision

Omit (wherever

occurring)

Substitute

95C(3)

subsection 37(1A) of the

AAT Act

subsection 28(4) of the

ART Act (which allows

the ART to shorten the

period for giving

documents)

95D (heading)

AAT first review

ART review

95D

AAT first review

ART review

95D

subsection 30(1) of the

AAT Act

subsection 22(1) of the

ART Act

95E (heading)

AAT for purposes of AAT

first review

ART for purposes of ART

review

95E

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

95H (heading)

AAT first review

ART review

95H(2)(a)

AAT

ART

95L (heading)

AAT first review

ART review

95L(1)

to the AAT

to the ART

95L(1)

subsection 35(3) or (4) of

the AAT Act (order for

non-publication or

non-disclosure)

section 70 of the ART Act

(ART may restrict

publication or disclosure

of information)

95L(1)

AAT first review

ART review

95L(2)

subparagraph 37(1AF)(b)

(ii) of the AAT Act

paragraph 29(3)(c) of the

ART Act

95M (heading)

AAT first review

ART review

95M(a)

the AAT has reviewed a

decision on application

referred to in section 111

or 128

the ART has reviewed a

decision on application

referred to in section 111

95M

the AAT must not, on

AAT first review

the ART must not, on

ART review

95N (heading)

AAT first review decision certain ART review

Schedule 3

Social Services

Part 2

Bulk amendments

154

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit (wherever

occurring)

Substitute

decisions

95N(2)

If the AAT

If the ART

95N(2)

AAT first review

ART review

95N(2)

AAT may

ART may

95N(2)(a)

AAT

ART

95N(2)(b)

AAT

ART

95N(3)

AAT

ART

98A (heading)

AAT first reviews and

AAT second reviews

ART reviews

98A

AAT first review or AAT

second review

ART review

98B (heading)

AAT first reviews and

AAT second reviews

ART reviews

98B(1)

subsection 35(3) or (4) of

the AAT Act in relation to

an AAT first review or

AAT second review

section 70 of the ART Act

in relation to an ART

review

98B(2)

subsection 35(3) or (4) of

the AAT Act in relation to

an AAT first review or

AAT second review

section 70 of the ART Act

in relation to an ART

review

98B(2) (note)

subsection 35(3) or (4) of

the AAT Act (see

section 62C of that Act)

section 70 of the ART Act

(see section 119 of that

Act)

98C (heading)

AAT first reviews and

AAT second reviews

ART reviews

98C(1)

subsection 35(3) or (4) of

the AAT Act in relation to

an AAT first review or

AAT second review

section 70 of the ART Act

in relation to an ART

review

98C(2)

AAT

ART

98D (heading)

AAT first review or AAT

second review

ART review

98D

If a party to an AAT first

If a party to an ART

Social Services

Schedule 3

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

155

Amendments

Provision

Omit (wherever

occurring)

Substitute

review or AAT second

review appeals under

Part IVA of the AAT Act

review appeals under

Part 7 of the ART Act

98D

the Tribunal

the ART

103ZB

AAT

ART

110N

AAT or

ART or

110N

in the AAT for AAT first

review or AAT second

review

in the ART for ART

review

110V

AAT

ART

110W(1) (heading)

AAT

ART

110W(1)(a)

AAT on AAT first review

or AAT second review

ART on ART review

110W(1)(c)

AAT

ART

110W(1A) (heading)

AAT decisions for which

AAT second review

ART decisions for which

further ART review

110W(1A)(a)

AAT on AAT first review

ART on ART review

110W(4)(b)(ii)

AAT

ART

110W(4)(b)(iii)

Part IVA of the AAT Act

Part 7 of the ART Act

110X(3)(a)(ii)

AAT

ART

110X(4)(e)

AAT

ART

110Y(5)(b)

AAT

ART

110Z (heading)

AAT first reviews

certain ART reviews

110Z(1)(a)

AAT first review

ART review

110Z(5)(b)

AAT

ART

111C(5)(b)(ii)

AAT

ART

116(1A)

in the AAT for an AAT

first review or AAT

second review or in a

court under Part IVA of

the AAT Act

in the ART for an ART

review or in a court under

Part 7 of the ART Act

116(1B)

in the AAT for an AAT

first review or AAT

in the ART for an ART

review or in a court under

Schedule 3

Social Services

Part 2

Bulk amendments

156

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit (wherever

occurring)

Substitute

second review or in a

court under Part IVA of

the AAT Act

Part 7 of the ART Act

Disability Services Act 1986

213 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

26(1)

Administrative Appeals

Tribunal Act 1975

Administrative Review

Tribunal Act 2024

26(6)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

Marriage Act 1961

214 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

34(5)

Administrative Appeals

Tribunal Act 1975

Administrative Review

Tribunal Act 2024

39FA(1A)(b)(ii)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

39J(1)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

39J(2)

Administrative Appeals

Tribunal Act 1975

Administrative Review

Tribunal Act 2024

Social Services

Schedule 3

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

157

Amendments

Provision

Omit

Substitute

39J(2A)

Administrative Appeals

Tribunal Act 1975

Administrative Review

Tribunal Act 2024

National Disability Insurance Scheme Act 2013

215 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

50J(c)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

103 (heading)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

103(1)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

103(2)(a)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

194(2)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

Paid Parental Leave Act 2010

216 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit (wherever

occurring)

Substitute

108(6) (heading)

AAT

ART

108(6)(a)

AAT first review

ART review

Schedule 3

Social Services

Part 2

Bulk amendments

158

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit (wherever

occurring)

Substitute

108(6)(b)

AAT

ART

108(6)

Registrar of the AAT

ART Principal Registrar

130A (heading)

AAT

ART

130A

AAT

ART

166(3) (note)

subsection 41(2) of the

AAT Act

subsection 32(2) of the

ART Act

198(2) (heading)

AAT

ART

198(2)

AAT

ART

198(2) (note)

section 263 (which deals

with settlement of

proceedings before the

AAT)

section 273A (which deals

with settlement of

proceedings before the

ART)

200R(1)

Administrative Appeals

Tribunal

ART

203(3)(b)

AAT

ART

204

Registrar of the AAT

ART Principal Registrar

204

AAT for

ART for

205(2)

section 263 (settlement of

proceedings before the

AAT)

section 273A (settlement

of proceedings before the

ART)

211(4)

AAT

ART

211(5) (note)

AAT

ART

212(5)

AAT

ART

Part 5-2 (heading)

AAT first review

ART review

Division 2 of Part 5-2

(heading)

AAT first review

ART review

215(2)(d)

section 263 to settle

proceedings before the

AAT

section 273A to settle

proceedings before the

ART

215(3)

AAT

ART

216 (heading)

AAT first review

ART review

216(1)

AAT for

ART for

216(1)

AAT first review

ART review

Social Services

Schedule 3

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

159

Amendments

Provision

Omit (wherever

occurring)

Substitute

216(1)

an AAT

an ART

216(3)

subsection 30(1A) of the

AAT Act

paragraph 22(1)(c) of the

ART Act

216(3) (note)

Subsection 30(1A) of the

AAT Act

Paragraph 22(1)(c) of the

ART Act

Division 3 of Part 5-2

(heading)

AAT first review

ART review

223(2)

AAT

ART

224 (heading)

AAT first review

ART review

224(2)

AAT

ART

224(4)

AAT

ART

Division 4 of Part 5-2

(heading)

AAT first reviews

ART reviews

224A

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

226 (heading)

AAT first review

ART review

226(1)

AAT first review

ART review

227 (heading)

AAT first review

certain ART reviews

227(2)

AAT

ART

233 (heading)

AAT first review

ART review

233(1)

AAT first review

ART review

233(2)

The AAT

The ART

233(2)(a)

AAT first review

ART review

233(4)

AAT

ART

234 (heading)

AAT decision on AAT

first review

ART decision on ART

review

234(1)

AAT on AAT first review

ART on ART review

234(1)(a)

AAT

ART

234(1)(b)

AAT

ART

234(1)

of the AAT.

of the ART.

Schedule 3

Social Services

Part 2

Bulk amendments

160

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit (wherever

occurring)

Substitute

234(2)

AAT on AAT first review

ART on ART review

234(2)(a)

AAT

ART

234(2)(b)

AAT

ART

272(1)

AAT

ART

273(1)

AAT

ART

273(2)

AAT Act

ART Act

273A (heading)

AAT

ART

273A(1)

the AAT if the

proceedings are an AAT

first review or AAT

second review

the ART if the

proceedings are an ART

review

273A(2)

AAT

ART

Social Security Act 1991

217 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit (wherever

occurring)

Substitute

27(2)

AAT

ART

27(4)

AAT

ART

1061ZZFM (heading)

Administrative Appeals

Tribunal

ART

1061ZZFM

Administrative Appeals

Tribunal

ART

1184L(2)(a)

AAT first review

ART review

1222(2) (table item 4,

column 2)

AAT

ART

1223AB (heading)

AAT

ART

Social Services

Schedule 3

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

161

Amendments

Provision

Omit (wherever

occurring)

Substitute

1237AAB(2) (heading)

AAT

ART

1237AAB(2)

AAT

ART

1255(1)

Administrative Appeals

Tribunal

ART

Social Security (Administration) Act 1999

218 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit (wherever

occurring)

Substitute

8(f)

Administrative Appeals

Tribunal

ART

126(2)(b)

AAT

ART

128 (heading)

AAT Registrar

ART Principal Registrar

128

AAT for

ART for

128

Registrar of the AAT

ART Principal Registrar

137(1)(f)

AAT

ART

137(3)(f)

AAT

ART

138(1)(a)

AAT

ART

138(3)

AAT

ART

138E (heading)

AAT Registrar

ART Principal Registrar

138E(b)

Administrative Appeals

Tribunal

ART

138E

Registrar of the

Administrative Appeals

Tribunal

ART Principal Registrar

138H (heading)

AAT

ART

138H

Administrative Appeals

ART

Schedule 3

Social Services

Part 2

Bulk amendments

162

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit (wherever

occurring)

Substitute

Tribunal

138J (heading)

AAT

ART

138J(1)

Administrative Appeals

Tribunal

ART

138J(2)

Administrative Appeals

Tribunal

ART

Part 4A (heading)

AAT

ART

Division 2 of Part 4A

(heading)

AAT first review

ART review

140(1)

the AAT

the ART

140(1) (note)

AAT first review

ART review

Subdivision B of

Division 2 of Part 4A

(heading)

AAT first review

ART review

142A

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

143

The AAT

The ART

143

AAT first review

ART review

144

AAT

ART

145(1)(c)

AAT first review

ART review

145(4)(b)(i)

AAT first review

ART review

145(4)(b)(ii)

the AAT makes a decision

on AAT first review

the ART makes a decision

on ART review

145(4)(b)(ii)

AAT's

ART's

145(5A)

AAT first review has been

made, the President of the

AAT

ART review has been

made, the President of the

ART

147 (heading)

AAT

ART

147

AAT first review under

this Division, a provision

of the AAT Act

ART review under this

Division, a provision of

the ART Act

Social Services

Schedule 3

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

163

Amendments

Provision

Omit (wherever

occurring)

Substitute

Subdivision D of

Division 2 of Part 4A

(heading)

AAT first review

ART review

148 (heading)

AAT first review

certain ART reviews

148(2)

AAT

ART

148(3)

subsection 37(1A) of the

AAT Act

subsection 28(4) of the

ART Act (which allows

the ART to shorten the

period for giving

documents)

165A(2)(a)

AAT

ART

166(1)

The AAT

The ART

166(1)

the AAT

the ART

166(1)

AAT first review

ART review

176(1)

AAT first review

ART review

176(2)

AAT

ART

176(3)

AAT

ART

176(4)

AAT

ART

177

AAT first review

ART review

177

the AAT

the ART

181 (heading)

AAT

ART

181

AAT

ART

182 (heading)

AAT

ART

182(1)

AAT for AAT first review ART for ART review

183 (heading)

AAT

ART

183(1)(a)

on AAT first review of a

decision, the AAT

on ART review of a

decision, the ART

183(1)(b)

AAT

ART

183(1)

AAT may

ART may

Schedule 3

Social Services

Part 2

Bulk amendments

164

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Student Assistance Act 1973

219 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit (wherever

occurring)

Substitute

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

ART Principal Registrar

Social Services

Schedule 3

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

165

Amendments

Provision

Omit (wherever

occurring)

Substitute

Tribunal

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)

Despite section 54 of the

Schedule 3

Social Services

Part 2

Bulk amendments

166

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit (wherever

occurring)

Substitute

of the AAT Act, the AAT

must not, for the purposes

of an AAT first review

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

Amendments relating to the Security Division

Schedule 4

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

167

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

Schedule 4

Amendments relating to the Security Division

168

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

7 After subsection 53(1A)

Insert:

(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 "sub

paragraph 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 "sub

paragraph 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)

Repeal the subsection, substitute:

(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.

12 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments relating to the Security Division

Schedule 4

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

169

Amendments

Provision

Omit

Substitute

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

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)

Repeal the paragraph, substitute:

(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)

Insert:

officer of the Tribunal

means:

(a) the Principal Registrar within the meaning of the

Administrative Review Tribunal Act 2024

; or

(b) a staff member within the meaning of that Act.

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".

Schedule 4

Amendments relating to the Security Division

170

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

17 Section 36A (definition of

AAT Act

)

Repeal the definition.

18 Section 36A

Insert:

ART Act

means the

Administrative Review Tribunal Act 2024

19 Section 36A (definition of

authorised member

)

Repeal the definition.

20 Section 36A (definition of

officer of the Tribunal

)

Repeal the definition, substitute:

officer of the Tribunal

means:

(a) the Principal Registrar within the meaning of the ART Act;

(b) a staff member within the meaning of that Act.

21 Section 36A (definition of

President)

Repeal the definition.

22 Section 36A (definition of

presidential member)

Repeal the definition.

23 Section 36A (definition of

Registrar)

Repeal the definition.

24 Section 36A (definition of

Tribunal)

Repeal the definition, substitute:

Tribunal

means the Administrative Review Tribunal.

25 Subsection 36F(1) (note)

Repeal the note, substitute:

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.

Amendments relating to the Security Division

Schedule 4

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

171

26 Subsections 36F(3) to (5)

Repeal the subsections.

27 Subsection 36F(6)

Repeal the subsection, substitute:

Interaction with the ART Act

(6) Subsection (2) has effect despite subsection 17(1) of the ART Act.

28 Sections 36G to 36N

Repeal the sections.

29 Subsection 36Q (note 2)

Omit "

Section 6

6 of the AAT", substitute "

Section 2

76 of the ART".

30 Subsection 36R(2)

Omit "

section 6

9A of the AAT Act", substitute "

section 115 of the ART

Act".

31 Section 36S

Repeal the section.

32 Schedule 1

Omit "

Administrative Appeals Tribunal Act 1975

, section 3

6",

substitute "

Administrative Review Tribunal Act 2024

, section 9

1".

33 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

36A (definition of member)

AAT

ART

36R(2)

AAT

ART

Schedule 4

Amendments relating to the Security Division

172

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Australian Security Intelligence Organisation Act 1979

34 Paragraph 34AD(1)(b)

Repeal the paragraph, substitute:

(b) a person who holds an appointment to the Administrative

Review Tribunal as President or Deputy President; or

35 Subsection 54(2)

Repeal the subsection, substitute:

(2) The application may be made by the person in respect of whom the

assessment was made and who has been given notice of the

assessment under section 38 or 38A.

36 At the end of subsection 65(2)

Add "of the Tribunal".

37 Subsection 65(3)

Omit "Sections

43 and 43AAA of the

Administrative Appeals Tribunal

Act 1975

", substitute "

Sections 54, 105, 107, 108, 111 and 112 and

Subdivision B of Division 5 of Part 6 of the

Administrative Review

Tribunal Act 2024

38 Subsection 81(3)

Insert:

officer of the Tribunal

means:

(a) the Principal Registrar within the meaning of the

Administrative Review Tribunal Act 2024

; or

(b) a staff member within the meaning of that Act.

39 Subsection 83B(1) (note)

Repeal the note.

40 Subsection 83B(2)

Repeal the subsection, substitute:

(2) The application may be made by the person in respect of whom the

security clearance decision or security clearance suitability

Amendments relating to the Security Division

Schedule 4

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

173

assessment was made and who has been given notice of the

decision or assessment under subsection 82L(5) or 83A(1).

41 Subsection 83C(1)

Omit "Part

IV of the

Administrative Appeals Tribunal Act 1975

of an

application to the Administrative Appeals Tribunal", substitute

section 139 of the

Administrative Review Tribunal Act 2024

of an

application to the Administrative Review Tribunal".

42 Subsection 83C(2) (note)

Omit "Administrative Appeals Tribunal (see

subsection 38A(1B) of the

Administrative Appeals Tribunal Act 1975

)", substitute "Administrative

Review Tribunal (see paragraph 141(2)(b) of the

Administrative Review

Tribunal Act 2024

)".

43 After section 83C

Insert:

83CA Access to security clearance standards

(1) This section applies if:

(a) an application is made to the Administrative Review Tribunal

for review of a security clearance decision or a security

clearance suitability assessment that is an externally

reviewable decision; and

(b) for the purposes of the review, the Director-General of

Security gives the Tribunal a copy of a standard (or a part of

a standard) certified in writing by the Director-General as a

standard relating to the Commonwealth's highest level of

security clearance.

(2) Despite section 149 of the

Administrative Review Tribunal Act

2024

, the applicant and any person representing the applicant must

not be present when the Tribunal is hearing submissions made or

evidence adduced in relation to any part of the copy unless:

(a) that part of the copy has already been disclosed to the

applicant; or

(b) the Director-General of Security consents to the applicant

being present.

Schedule 4

Amendments relating to the Security Division

174

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

44 At the end of subsection 83F(6)

Add "of the Tribunal".

45 Paragraph 83F(7)(b)

Omit "sections

43 and 43AAB of the

Administrative Appeals Tribunal

Act 1975

", substitute "

sections 54, 105, 107, 108, 111, 112 and 163 and

Subdivision B of Division 5 of Part 6 of the

Administrative Review

Tribunal Act 2024

46 Before section 93

Insert:

93A Costs in certain ART reviews

(1) If:

(a) a person makes an application under section 54 or 83B to the

Administrative Review Tribunal for a review of a security

assessment, security clearance decision or security clearance

suitability assessment in respect of the person; and

(b) the applicant was, in the opinion of the Tribunal, successful,

or substantially successful, in the application for review; and

the circumstances of the case;

the Tribunal may order that the costs reasonably incurred by the

applicant in connection with the application, or any part of those

costs that is determined by the Tribunal, be paid by the

Commonwealth.

(2) For the purposes of section 115 of the

Administrative Review

Tribunal Act 2024

, the Commonwealth is taken to be a party to the

proceeding referred to in subsection (1) of this section.

47 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments relating to the Security Division

Schedule 4

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

175

Amendments

Provision

Omit

Substitute

35(1) (definition of

Tribunal)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

82B (wherever occurring)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

82C(2) (note)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

82L(6)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

Subdivision B of Division 3

of Part IVA (heading)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

83A(2)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

83B (heading)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

83B(1)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

83D (wherever occurring)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

83E(2)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

Division 4 of Part IVA

(heading)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

83F (heading)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

83F(2)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

83F(3)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

83F(4)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

83F(6)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

83F(8)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

Schedule 4

Amendments relating to the Security Division

176

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Foreign Acquisitions and Takeovers Act 1975

48 Section 4 (definition of

AAT Act

)

Repeal the definition.

49 Section 4

Insert:

ART Act

means the

Administrative Review Tribunal Act 2024

50 Subsections 130A(3) to (5)

Repeal the subsections, substitute:

Interaction with the ART Act

(3) Subsection (2) applies despite section 17 of the ART Act.

51 Sections 130B to 130K

Repeal the sections.

52 Subsection 130M(2)

Omit "

section 6

9A of the AAT Act", substitute "

section 115 of the ART

Act".

53 Section 130N

Repeal the section.

54 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

4 (definition of

Tribunal)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

79A(2) (note)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

116

Administrative Appeals

Administrative Review

Amendments relating to the Security Division

Schedule 4

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

177

Amendments

Provision

Omit

Substitute

Tribunal

116

AAT Act

ART Act

130A (heading)

AAT

ART

130M(2) (heading)

AAT

ART

Freedom of Information Act 1982

55 Subsection 57A(1) (note 1)

Omit "see

section 27 of the

Administrative Appeals Tribunal Act 1975

substitute "see

section 17 of the

Administrative Review Tribunal Act

2024

56 Subsection 57A(1) (note 2)

Repeal the note, substitute:

Note 2:

For the time period for making an application, see sections 18 to 20 of

the

Administrative Review Tribunal Act 2024

57 Subsection 57A(2)

Omit "

subsection 29(2) of the

Administrative Appeals Tribunal Act

1975

, for the purposes of paragraph 29(1)(d) of that Act, the prescribed

time for a person to lodge", substitute "

section 18 of the

Administrative

Review Tribunal Act 2024

58 Subsection 57A(2)

Omit "is the", substitute "must be made within the".

59 Paragraph 57A(2)(b)

Repeal the paragraph, substitute:

(b) ending at the end of the period prescribed for the purposes of

subsection 18(1) of the

Administrative Review Tribunal Act

2024

60 At the end of section 57A

Add:

Schedule 4

Amendments relating to the Security Division

178

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

No referral to guidance and appeals panel

(3) Part 5 (guidance and appeals panel) of the

Administrative Review

Tribunal Act 2024

does not apply in relation to:

(a) an application under subsection (1) for review of a decision;

(b) the decision of the Tribunal on the review.

61 Sections 58B and 58D

Repeal the sections.

62 Subsection 58E(1)

Omit "

section 64, section 37 or 38AA of the Administrative Appeals

Tribunal Act 1975", substitute "

section 64 of this Act or section 23, 25

or 26 of the

Administrative Review Tribunal Act 2024

63 At the end of section 58E

Add:

(4) If the Tribunal is satisfied as mentioned in subsection (3),

section 27 of the

Administrative Review Tribunal Act 2024

does

not apply in relation to the document.

64 Paragraph 60(3)(d)

Omit "

subsection 30(1A) of the

Administrative Appeals Tribunal Act

1975

", substitute "

paragraph 22(1)(c) of the

Administrative Review

Tribunal Act 2024

65 Subsection 60AA(2) (note 3)

Omit "

subsection 30(1A) of the

Administrative Appeals Tribunal Act

1975

", substitute "

paragraph 22(1)(c) of the

Administrative Review

Tribunal Act 2024

66 Subsection 61A(1)

Repeal the subsection, substitute:

(1) The

Administrative Review Tribunal Act 2024

applies to

proceedings under this Part as if a reference to the decision-maker

Amendments relating to the Security Division

Schedule 4

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

179

in the following provisions of that Act were a reference to the

agency or Minister who made the IC reviewable decision:

(a) paragraph 21(2)(b) (parties and potential parties to be

notified of application);

(b) section 23 (decision-maker must give Tribunal reasons and

documents

general rule);

Tribunal may adjust

requirements);

(d) section 29 (exception

while resolving whether to restrict

publication or disclosure of information);

(e) paragraph 31(2)(b) (decision cannot be altered outside

Tribunal process);

(f) section 54 (Tribunal can exercise powers of decision-maker);

(g) subsection 56(1) (parties and their representatives to assist

Tribunal);

(h) subsection56(2) (parties and their representatives to assist

Tribunal);

(i) section 60 (decision-makers may elect not to participate in

kind of proceeding);

(j) section 61 (decision-maker who elects not to participate may

be made a non-participating party to proceeding);

(k) section 65 (certain parties may seek to withdraw from being a

party);

(l) subsection 79(3) (Tribunal may give directions in relation to

procedure for proceeding);

(m) section 85 (Tribunal may remit decision to decision-maker

for reconsideration);

(n) section 105 (Tribunal decision on review of reviewable

decision);

(o) section 108 (effect of Tribunal decision to vary or substitute a

reviewable decision);

(p) section 126 (parties to be notified of application);

(q) paragraph 1

29(2)(b) (notice of President's decision)

(1A) In addition, the

Administrative Review Tribunal Act 2024

applies to

proceedings under this Part as if a reference to the decision-maker

in section 291 (giving documents etc. to decision-maker) were a

reference to the person who made the decision or an agency.

Schedule 4

Amendments relating to the Security Division

180

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

67 Subsection 61A(2)

Omit "

paragraph 37(1)(a) of the

Administrative Appeals Tribunal

Act 1975

", substitute "

paragraph 23(a) of the

Administrative Review

Tribunal Act 2024

68 Subsection 61A(3)

Omit "the powers of the Tribunal under

section 38 or 38AA of the

Administrative Appeals Tribunal Act 1975

", substitute "

section 24 or 25

of the

Administrative Appeals Review Act 2024

69 Section 62 (heading)

Omit "

section 28 of Administrative Appeals Tribunal Act

substitute "

section 268 of Administrative Review Tribunal Act

70 Subsection 62(1)

Omit "

section 28 of the

Administrative Appeals Tribunal Act 1975

substitute "

section 268 of the

Administrative Appeals Review Act 2024

71 Subsection 63(1)

Omit "

subsection 35(2), (3) or (4) of the

Administrative Appeals

Tribunal Act 1975

" (wherever occurring), substitute "

subsection 69(3)

or 70(1) or (2) of the

Administrative Review Tribunal Act 2024

72 Subsection 63(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

exempt matter contained in a document to which the

proceedings relate; and

(b) the necessity of avoiding the disclosure to the applicant of

information of the kind referred to in subsection 25(1).

73 Paragraphs 63(2)(a) and (b)

Omit

"paragraph

(1)(a)", substitute "paragraph

(1)(a) or (b)".

Amendments relating to the Security Division

Schedule 4

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

181

74 Subsection 64(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

75 Subsection 64(6)

Omit "

section 46 of the

Administrative

Appeals Tribunal Act 1975

substitute "

section 187 of the

Administrative Review Tribunal Act

2024

76 Subsections 64(7) and (8)

Omit "sub

paragraph 46(1)(c)(i) of the

Administrative Appeals Tribunal

Act 1975

", substitute "

paragraph 187(2)(a) of the

Administrative Review

Tribunal Act 2024

77 Subsection 67(5)

Omit "

section 44A of the

Administrative Appeals Tribunal Act 1975

substitute "

section 178 of the

Administrative Review Tribunal Act

2024

78 Section 89N (note 1)

Omit "

section 27 of the

Administrative Appeals Tribunal Act 1975

substitute "

section 17 of the

Administrative Review Tribunal Act 2024

79 Section 89N (note 2)

Omit "

Subsection 29(2) of the

Administrative Appeals Tribunal Act

1975

sets out", substitute "

Section 18 of the

Administrative Review

Tribunal Act 2024

deals with".

80 Section 89N (note 3)

Omit "

Section 30 of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 22 of the

Administrative Review Tribunal Act 2024

81 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Schedule 4

Amendments relating to the Security Division

182

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

4(1) (definition

of Tribunal)

Administrative Appeals

Tribunal

Administrative Review

Tribunal

54F

Administrative Appeals

Tribunal

Administrative Review

Tribunal

Administrative Appeals

Tribunal

Administrative Review

Tribunal

60(1)

Administrative Appeals

Tribunal Act 1975

Administrative Review

Tribunal Act 2024

61A (heading)

Administrative Appeals

Tribunal Act 1975

Administrative Review

Tribunal Act 2024

63(2)

Administrative Appeals

Tribunal Act 1975

Administrative Review

Tribunal Act 2024

Agriculture, Fisheries and Forestry

Schedule 5

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

183

Schedule

5--Agriculture, Fisheries and

Forestry

Part

1--Main amendments

Pig Industry Act 2001

1 Subsection 2(1)

Omit "(1) Subject to this section, this", substitute "This".

2 Subsections 2(2) and (3)

Repeal the subsections (including the notes).

Schedule 5

Agriculture, Fisheries and Forestry

Part 2

Bulk amendments

184

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Part

2--Bulk amendments

Biological Control Act 1984

3 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

56(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

56(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Horse Disease Response Levy Collection Act 2011

4 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

9(5)

Administrative Appeals Tribunal

Administrative Review Tribunal

Pig Industry Act 2001

5 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

39(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

Agriculture, Fisheries and Forestry

Schedule 5

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

185

Torres Strait Fisheries Act 1984

6 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

15A(13)

(definition

decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Schedule 6

Attorney-General

Part 1

Main amendments

186

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Schedule

6--Attorney

General

Part

1--Main amendments

Copyright Act 1968

1 Paragraph 195B(3)(b)

Repeal the paragraph, substitute:

(b) a statement to the effect that the objector or importer, as the

case may be, may request a statement of reasons under

section 268 of the

Administrative Review Tribunal Act 2024

Disability Discrimination Act 1992

2 Paragraphs 57(1)(a) to (d)

Repeal the paragraphs, substitute:

(a) containing a statement of reasons (within the meaning of the

Administrative Review Tribunal Act 2024

) for the decision;

and

(b) containing a statement to the effect that, subject to that Act,

application may be made to the Administrative Review

Tribunal for a review of the decision to which the notice

relates by or on behalf of any person or persons whose

interests are affected by the decision.

Ombudsman Act 1976

3 Subsection 3(1) (paragraph (e) of the definition of

chief

executive officer

)

Repeal the paragraph, substitute:

(e) in relation to the Administrative Review Tribunal

the Chief

Executive Officer and Principal Registrar of the Tribunal; or

4 Paragraph 3(18)(b)

Repeal the paragraph, substitute:

(b) in the case of the Chief Executive Officer and Principal

Registrar of the Administrative Review Tribunal, the

Attorney-General

Schedule 6

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

187

reference is to be read as a reference to the President of the

Administrative Review Tribunal;

5 Paragraphs 10(1)(b) and (1A)(b)

After "prescribes a", insert "quantified".

6 Paragraph 16(5)(b)

Repeal the paragraph, substitute:

(b) if the report relates to the Chief Executive Officer and

Principal Registrar of the Administrative Review Tribunal

a reference to the Prime Minister is to be read as a reference

to the President of the Administrative Review Tribunal;

Sex Discrimination Act 1984

7 Paragraphs 46(1)(a) to (d)

Repeal the paragraphs, substitute:

(a) containing a statement of reasons (within the meaning of the

Administrative Review Tribunal Act 2024

) for the decision;

and

(b) containing a statement to the effect that, subject to that Act,

application may be made to the Administrative Review

Tribunal for a review of the decision to which the notice

relates by or on behalf of any person or persons whose

interests are affected by the decision.

Schedule 6

Attorney-General

Part 2

Bulk amendments

188

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Part

2--Bulk amendments

Anti

Money Laundering and Counter

Terrorism Financing

Act 2006

8 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

233A

Administrative Appeals Tribunal

(wherever occurring)

Administrative Review Tribunal

233D(1)

(note)

Administrative Appeals Tribunal

Administrative Review Tribunal

233E(4)(d) Administrative Appeals Tribunal

Administrative Review Tribunal

233F

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

233F

Administrative Appeals Tribunal

Administrative Review Tribunal

Australian Transaction Reports and Analysis Centre

Industry Contribution (Collection) Act 2011

9 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

Attorney-General

Schedule 6

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

189

Copyright Act 1968

10 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

195B(5)

Administrative Appeals Tribunal

Administrative Review Tribunal

195B(8)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Disability Discrimination Act 1992

11 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

Law Officers Act 1964

12 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

16(11)

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 6

Attorney-General

Part 2

Bulk amendments

190

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Modern Slavery Act 2018

13 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

16A(6)

Administrative Appeals Tribunal

Administrative Review Tribunal

Ombudsman Act 1976

14 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

3(18)(c)

Administrative Appeals Tribunal

Administrative Review Tribunal

10(3)(a)

Administrative Appeals Tribunal

Administrative Review Tribunal

10A

(heading)

AAT

Administrative Review Tribunal

10A(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

(heading)

AAT

Administrative Review Tribunal

11(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

16(5)(c)

Administrative Appeals Tribunal

Administrative Review Tribunal

Sex Discrimination Act 1984

15 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Attorney-General

Schedule 6

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

191

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 7

Climate Change, Energy, the Environment and Water

Part 1

Main amendments

192

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Schedule

7--Climate Change, Energy, the

Environment and Water

Part

1--Main amendments

Hazardous Waste (Regulation of Exports and Imports) Act

1989

1 Paragraphs 58(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) a statement to the effect that application may be made to the

Administrative Review Tribunal under the

Administrative

Review Tribunal Act 2024

for review of the decision; and

(b) a statement to the effect that a person who is entitled to apply

to the Administrative Review Tribunal for the review of a

decision may, under section 268 of that Act, request a

statement of reasons (within the meaning of that Act).

2 Subsection 58(2)

Repeal the subsection.

Recycling and Waste Reduction Act 2020

3 Subsection 154(3)

Omit "

subsection 27(1) of the

Administrative Appeals Tribunal Act

1975

", substitute "

section 17 of the

Administrative Review Tribunal Act

2024

Sea Installations Act 1987

4 Paragraphs 76(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) subject to the

Administrative Review Tribunal Act 2024

application may be made by or on behalf of that person to the

Administrative Review Tribunal for review of that decision;

and

Schedule 7

Climate Change, Energy, the Environment and Water

Part 2

Bulk amendments

194

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Part

2--Bulk amendments

Antarctic Marine Living Resources Conservation Act 1981

5 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

23(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

23(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Australian National Registry of Emissions Units Act 2011

6 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

(wherever occurring)

Administrative Review Tribunal

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

86(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

86(2)

Administrative Appeals Tribunal

Administrative Review Tribunal

Building Energy Efficiency Disclosure Act 2010

7 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Climate Change, Energy, the Environment and Water

Schedule 7

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

195

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

Clean Energy Legislation (Carbon Tax Repeal) Act 2014

8 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

357(3) of

Schedule 1

Administrative Appeals Tribunal

Administrative Review Tribunal

Environment Protection (Sea Dumping) Act 1981

9 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

24(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

Fuel Security Act 2021

10 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Schedule 7

Climate Change, Energy, the Environment and Water

Part 2

Bulk amendments

196

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

77(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

77(2)

Administrative Appeals Tribunal

Administrative Review Tribunal

Hazardous Waste (Regulation of Exports and Imports) Act

1989

11 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

Liquid Fuel Emergency Act 1984

12 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

44(1)

(definition

decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

44(6)

Administrative Appeals Tribunal

Administrative Review Tribunal

44(7)(b)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

44(7)(b)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

Climate Change, Energy, the Environment and Water

Schedule 7

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

197

Amendments

Provision

Omit

Substitute

44(8)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

44(8)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

National Environment Protection Measures

(Implementation) Act 1998

13 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

34(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

34(3)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Offshore Electricity Infrastructure Act 2021

14 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

297

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 7

Climate Change, Energy, the Environment and Water

Part 2

Bulk amendments

198

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Ozone Protection and Synthetic Greenhouse Gas

Management Act 1989

15 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

65W

Administrative Appeals Tribunal

Administrative Review Tribunal

65ZC

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

65ZC

Administrative Appeals Tribunal

Administrative Review Tribunal

Recycling and Waste Reduction Act 2020

16 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

154

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

154(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

Sea Installations Act 1987

17 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Climate Change, Energy, the Environment and Water

Schedule 7

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

199

Amendments

Provision

Omit

Substitute

75(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

75(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Sydney Harbour Federation Trust Act 2001

18 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

65B(6)

Administrative Appeals Tribunal

Administrative Review Tribunal

Underwater Cultural Heritage Act 2018

19 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

Water Act 2007

20 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Schedule 7

Climate Change, Energy, the Environment and Water

Part 2

Bulk amendments

200

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

77(7)

(heading)

AAT

Administrative Review Tribunal

77(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

83(8)

(heading)

AAT

Administrative Review Tribunal

83(8)

Administrative Appeals Tribunal

Administrative Review Tribunal

222G(6)

Administrative Appeals Tribunal

Administrative Review Tribunal

Defence

Schedule 8

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

201

Schedule

8--Defence

Defence Force (Home Loans Assistance) Act 1990

1 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

34(1)(c)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

34(1)(c)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

34(3)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

34(3)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

34(4)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Defence Force Retirement and Death Benefits Act 1973

2 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

(definition

decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Schedule 8

Defence

202

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

Division 3

of Part XI

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

107

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

107

Administrative Appeals Tribunal

Administrative Review Tribunal

Defence Home Ownership Assistance Scheme Act 2008

3 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

75(2)

(note)

Administrative Appeals Tribunal

(first occurring)

Administrative Review Tribunal

75(2)

(note)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

76(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

76(2)

Administrative Appeals Tribunal

Administrative Review Tribunal

Defence Reserve Service (Protection) Act 2001

4 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

Defence

Schedule 8

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

203

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

Defence Trade Controls Act 2012

5 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

62A

Administrative Appeals Tribunal

Administrative Review Tribunal

64(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 9

Employment and Workplace Relations

Part 1

Main amendments

204

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Schedule

9--Employment and Workplace

Relations

Part

1--Main amendments

Coal Mining Industry (Long Service Leave) Administration

Act 1992

1 Paragraph 39BC(4)(b)

Omit "subject to the

Administrative Appeals Tribunal Act 1975

application may be made to the Administrative Appeals Tribunal",

substitute "subject to the

Administrative Review Tribunal Act 2024

application may be made to the Administrative Review Tribuna

l".

Coal Mining Industry (Long Service Leave) Payroll Levy

Collection Act 1992

2 Paragraphs 8(5)(a) and (b)

Repeal the paragraphs, substitute:

(a) subject to the

Administrative Review Tribunal Act 2024

application may be made by or on behalf of the person who

made the request to the Administrative Review Tribunal for

review of the decision; and

(b) that person may request a statement of reasons for the

decision under that Act.

3 Subsection 8(7)

Omit "Subject to the

Administrative Appeals Tribunal Act 1975

, an

application may be made to the Administrative Appeals Tribunal",

substitute "Subject to the

Administrative Review Tribunal Act 2024

, an

application may be made to the Administrative Review Tribunal".

Employment and Workplace Relations

Schedule 9

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

205

Student Identifiers Act 2014

4 Subsection 13(2)

Omit "

subsection 27(1) of the

Administrative Appeals Tribunal Act

1975

", substitute "

subsection 17(1) of the

Administrative Review

Tribunal Act 2024

Schedule 9

Employment and Workplace Relations

Part 2

Bulk amendments

206

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Part

2--Bulk amendments

Coal Mining Industry (Long Service Leave) Administration

Act 1992

5 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

39BC(4)

(note)

Administrative Appeals Tribunal

Administrative Review Tribunal

44(2)

(note)

Administrative Appeals Tribunal

Administrative Review Tribunal

52B

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

52B(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

Coal Mining Industry (Long Service Leave) Payroll Levy

Collection Act 1992

6 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

8(8)

(definition

of decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Employment and Workplace Relations

Schedule 9

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

207

Student Identifiers Act 2014

7 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

13(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 10

Finance

208

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Schedule

10--Finance

Data Availability and Transparency Act 2022

1 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

117

Administrative Appeals Tribunal

Administrative Review Tribunal

118(1)

(note)

AAT

ART

118(2)

(note)

AAT

ART

122

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

122

Administrative Appeals Tribunal

Administrative Review Tribunal

Federal Circuit and Family Court of Australia Act 2021

2 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

122(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

125(10)

Administrative Appeals Tribunal

Administrative Review Tribunal

126(9)

Administrative Appeals Tribunal

Administrative Review Tribunal

127(2)

Administrative Appeals Tribunal

Administrative Review Tribunal

Finance

Schedule 10

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

209

Governor

General Act 1974

3 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

Papua New Guinea (Staffing Assistance) Act 1973

4 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

3(1)

(definition

decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Division 3

of Part IX

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

55G

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

55G

Administrative Appeals Tribunal

Administrative Review Tribunal

Parliamentary Business Resources Act 2017

5 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Schedule 10

Finance

210

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

41(3)(j)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Superannuation Act 1922

6 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

4(1)

(definition

decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Division 3

Part XIA

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

133B

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

133B

Administrative Appeals Tribunal

Administrative Review Tribunal

Foreign Affairs and Trade

Schedule 11

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

211

Schedule

11--Foreign Affairs and Trade

Part

1--Main amendments

Chemical Weapons (Prohibition) Act 1994

1 Subsection 26(3)

Omit "subject to the

Administrative Appeals Tribunal Act 1975

application may be made to the Administrative Appeals Tribunal",

substitute "subject to the

Administrative Review Tribunal Act 2024

application may be made to the Administrative Review Tribunal".

Export Market Development Grants Act 1997

2 Subsection 98(4) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

Registration of Deaths Abroad Act 1984

3 Subsection 27(2)

Omit "subject to the

Administrative Appeals Tribunal Act 1975

, an

application may be made to the Administrative Appeals Tribunal",

substitute "subject to the

Administrative Review Tribunal Act 2024

, an

application may be made to the Administrative Review Tribunal".

Schedule 11

Foreign Affairs and Trade

Part 2

Bulk amendments

212

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Part

2--Bulk amendments

Chemical Weapons (Prohibition) Act 1994

4 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

27(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

27(2)

(definition

decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Export Market Development Grants Act 1997

5 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

(heading)

AAT

ART

Administrative Appeals Tribunal

Administrative Review Tribunal

Registration of Deaths Abroad Act 1984

6 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Foreign Affairs and Trade

Schedule 11

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

213

Amendments

Provision

Omit

Substitute

27(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

27(4)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Schedule 12

Health and Aged Care

Part 1

Main amendments

214

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Schedule

12--Health and Aged Care

Part

1--Main amendments

Aged Care Act 1997

1 Subsection 85-4(6) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

2 Subsection 85-5(7) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

Aged Care (Transitional Provisions) Act 1997

3 Subsection 85-4(6) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

4 Subsection 85-5(7) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

Australian Radiation Protection and Nuclear Safety Act 1998

5 Subsection 40(3) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

Health and Aged Care

Schedule 12

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

215

6 Subsection 42(3) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

7 Subsection 80C(3) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

Dental Benefits Act 2008

8 Subsection 56D(9)

Omit "Despite

paragraph 29(1)(d) of the

Administrative Appeals

Tribunal Act 1975

", substitute "Despite

section 18 of the

Administrative

Review Tribunal Act 2024

9 Subsection 56G(5)

Omit "Despite

paragraph 29(1)(d) of the

Administrative Appeals

Tribunal Act 1975

", substitute "Despite

section 18 of the

Administrative

Review Tribunal Act 2024

Hearing Services Administration Act 1997

10 Subparagraphs 30(1)(b)(i) and (ii)

Repeal the subparagraphs, substitute:

(i) subject to the

Administrative Review Tribunal Act 2024

application may be made to the Administrative Review

Tribunal for review of the decision on that

reconsideration; and

(ii) the person may, under section 268 of that Act, request a

statement of reasons for the decision on that

reconsideration.

11 Paragraphs 34(1)(a) and (b)

Repeal the paragraphs, substitute:

Schedule 12

Health and Aged Care

Part 1

Main amendments

216

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

(a) a statement to the effect that a person whose interests are

affected by the decision so affirmed or varied may, subject to

the

Administrative Review Tribunal Act 2024

, apply to the

Administrative Review Tribunal for review of the decision;

and

(b) a statement to the effect that the person may, under

section 268 of that Act, request a statement of reasons for the

decision so affirmed or varied.

Medical Indemnity Act 2002

12 Subsection 27(4) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

13 Subsection 34E(4) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

14 Subsection 34K(6) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

15 Subsection 34L(5) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

16 Subsection 34W(4) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

Health and Aged Care

Schedule 12

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

217

17 Subsection 34ZM(4) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

18 Subsection 34ZZK(5) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

19 Subsection 34ZZQ(6) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

20 Subsection 34ZZR(7) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

21 Subsection 34ZZZC(4) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

22 Subsection 37A(6) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

23 Subsection 65(5) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

Schedule 12

Health and Aged Care

Part 1

Main amendments

218

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Midwife Professional Indemnity (Commonwealth

Contribution) Scheme Act 2010

24 Subsection 11(7) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

25 Subsection 15(6) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

26 Subsection 18(4) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

27 Subsection 28(4) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

28 Subsection 40(4) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

29 Section 57 (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

30 Subsection 60(5) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

Health and Aged Care

Schedule 12

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

219

31 Subsection 76(4) (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

National Health Security Act 2007

32 Subsection 83(1)

Omit "Subject to the

Administrative Appeals Tribunal Act 1975

, an

application may be made to the Administrative Appeals Tribun

al",

substitute "Subject to the

Administrative Review Tribunal Act 2024

, an

application may be made to the Administrative Review Tribunal".

Private Health Insurance Act 2007

33 Section 230-1 (paragraph (h) of the paragraph beginning

"This Chapter")

Omit "Administrative Appeals Tribunal", substitute "Administrative

Review Tribunal".

Tobacco Advertising Prohibition Act 1992

34 Section 30

Omit "Subject to the

Administrative Appeals Tribunal Act 1975

, an

application may be made to the Administrative Appeals T

ribunal",

substitute "Subject to the

Administrative Review Tribunal Act 2024

, an

application may be made to the Administrative Review Tribunal".

Schedule 12

Health and Aged Care

Part 2

Bulk amendments

220

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Part

2--Bulk amendments

Aged Care Act 1997

35 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

85-8

(heading)

AAT

ART

85-8

Administrative Appeals Tribunal

Administrative Review Tribunal

Aged Care (Transitional Provisions) Act 1997

36 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

85-8

(heading)

AAT

ART

85-8

Administrative Appeals Tribunal

Administrative Review Tribunal

Australian Radiation Protection and Nuclear Safety Act 1998

37 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Health and Aged Care

Schedule 12

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

221

Amendments

Provision

Omit

Substitute

40(5)

Administrative Appeals Tribunal

Administrative Review Tribunal

42(5)

Administrative Appeals Tribunal

Administrative Review Tribunal

80C(5)

Administrative Appeals Tribunal

Administrative Review Tribunal

Dental Benefits Act 2008

38 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

56D(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

56G(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

58AA(14)

Administrative Appeals Tribunal

Administrative Review Tribunal

Healthcare Identifiers Act 2010

39 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

9AA

Administrative Appeals Tribunal

Administrative Review Tribunal

9C(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

9C(8)

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 12

Health and Aged Care

Part 2

Bulk amendments

222

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Hearing Services Administration Act 1997

40 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

Major Sporting Events (Indicia and Images) Protection Act

2014

41 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

31(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

Medical Indemnity Act 2002

42 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

27(4)

Administrative Appeals Tribunal

Administrative Review Tribunal

34E(4)

AAT

ART

Health and Aged Care

Schedule 12

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

223

Amendments

Provision

Omit

Substitute

(heading)

34E(4)

Administrative Appeals Tribunal

Administrative Review Tribunal

34K(6)

(heading)

AAT

ART

34K(6)

Administrative Appeals Tribunal

Administrative Review Tribunal

34L(5)

(heading)

AAT

ART

34L(5)

Administrative Appeals Tribunal

Administrative Review Tribunal

34W(4)

Administrative Appeals Tribunal

Administrative Review Tribunal

34ZM(4)

Administrative Appeals Tribunal

Administrative Review Tribunal

34ZZK(5)

(heading)

AAT

ART

34ZZK(5)

Administrative Appeals Tribunal

Administrative Review Tribunal

34ZZQ(6)

(heading)

AAT

ART

34ZZQ(6)

Administrative Appeals Tribunal

Administrative Review Tribunal

34ZZR(7)

(heading)

AAT

ART

34ZZR(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

34ZZZC(4

)

Administrative Appeals Tribunal

Administrative Review Tribunal

37A(6)

Administrative Appeals Tribunal

Administrative Review Tribunal

65(5)

Administrative Appeals Tribunal

Administrative Review Tribunal

Midwife Professional Indemnity (Commonwealth

Contribution) Scheme Act 2010

43 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Schedule 12

Health and Aged Care

Part 2

Bulk amendments

224

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

11(7)

(heading)

AAT

ART

11(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

15(6)

(heading)

AAT

ART

15(6)

Administrative Appeals Tribunal

Administrative Review Tribunal

18(4)

(heading)

AAT

ART

18(4)

Administrative Appeals Tribunal

Administrative Review Tribunal

28(4)

Administrative Appeals Tribunal

Administrative Review Tribunal

40(4)

Administrative Appeals Tribunal

Administrative Review Tribunal

(heading)

AAT

ART

Administrative Appeals Tribunal

Administrative Review Tribunal

60(5)

Administrative Appeals Tribunal

Administrative Review Tribunal

76(4)

Administrative Appeals Tribunal

Administrative Review Tribunal

My Health Records Act 2012

44 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

97(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

97(8)

Administrative Appeals Tribunal

Administrative Review Tribunal

National Health Security Act 2007

45 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Health and Aged Care

Schedule 12

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

225

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

83(2)

(definition

decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Private Health Insurance Act 2007

46 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

328-1

Administrative Appeals Tribunal

Administrative Review Tribunal

328-5

(heading)

AAT

ART

328-5

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 13

Industry, Science and Resources

Part 1

Main amendments

226

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Schedule

13--Industry, Science and

Resources

Part

1--Main amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Section 747 (note)

Omit "

section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

section 266 of the

Administrative Review Tribunal Act

2024

2 Section 747A (note)

Omit "

section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

section 266 of the

Administrative Review Tribunal Act

2024

Tradex Scheme Act 1999

3 Section 40 (note)

Omit "

section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

section 266 of the

Administrative Review Tribunal Act

2024

Industry, Science and Resources

Schedule 13

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

227

Part

2--Bulk amendments

Offshore Petroleum and Greenhouse Gas Storage Act 2006

4 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

744

Administrative Appeals Tribunal

Administrative Review Tribunal

745

(definition

decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

747

Administrative Appeals Tribunal

Administrative Review Tribunal

747A

Administrative Appeals Tribunal

Administrative Review Tribunal

Space (Launches and Returns) Act 2018

5 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

Tradex Scheme Act 1999

6 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Schedule 13

Industry, Science and Resources

Part 2

Bulk amendments

228

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

39(8) (note

Administrative Appeals Tribunal

Administrative Review Tribunal

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

40 (note)

the Code of Practice determined

under section 27B of that Act

the matters (if any) prescribed

by the rules made under that Act

Infrastructure, Transport, Regional Development, Communications and the Arts

Schedule 14

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

229

Schedule

14--Infrastructure, Transport,

Regional Development,

Communications and the Arts

Part

1--Main amendments

Adelaide Airport Curfew Act 2000

1 Subsection 9(7) (note)

Omit "

section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

section 266 of the

Administrative Review Tribunal Act

2024

2 Subsection 11(7) (note)

Omit "

section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

section 266 of the

Administrative Review Tribunal Act

2024

Marine Safety (Domestic Commercial Vessel) National Law

Act 2012

3 Subsection 16(3)

Repeal the subsection, substitute:

(3) For the purposes of this section, the

Administrative Review

Tribunal Act 2024

has effect as if a corresponding State-Territory

law were an Act.

Schedule 14

Infrastructure, Transport, Regional Development, Communications and

the Arts

Part 2

Bulk amendments

230

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Part

2--Bulk amendments

Adelaide Airport Curfew Act 2000

4 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

9(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

9(7) (note) Code of Practice determined under

section 27B of that Act

matters (if any) prescribed by

the rules made under that Act

11(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

11(7)

(note)

Code of Practice determined under

section 27B of that Act

matters (if any) prescribed by

the rules made under that Act

Aircraft Noise Levy Collection Act 1995

5 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

10(2)

Administrative Appeals Tribunal

Administrative Review Tribunal

Air Navigation Act 1920

6 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Infrastructure, Transport, Regional Development, Communications and the Arts

Schedule 14

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

231

Amendments

Provision

Omit

Substitute

23A

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

23A(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

23A(2)(a)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

23A(2)(a)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

23A(2)(b)

under section 28 of that Act

of reasons (within the meaning

of that Act)

Air Services Act 1995

7 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

73(6)

Administrative Appeals Tribunal

Administrative Review Tribunal

Interactive Gambling Act 2001

8 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

61(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

61(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

61(5)(b)

Administrative Appeals Tribunal

Administrative Review Tribunal

61PB(4)

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 14

Infrastructure, Transport, Regional Development, Communications and

the Arts

Part 2

Bulk amendments

232

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

68(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

Marine Safety (Domestic Commercial Vessel) National Law

Act 2012

9 Amendments of listed provisions

Act

The provisions of the

Marine Safety (Domestic Commercial Vessel)

National Law Act 2012

listed in the following table are amended as set

out in the table.

Amendments

Provision

Omit

Substitute

16(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

16(2)(a)

Administrative Appeals Tribunal

Administrative Review Tribunal

10 Amendments of listed provisions

National Law

The provisions of the Marine Safety (Domestic Commercial Vessel)

National Law listed in the following table are amended as set out in the

table.

Amendments

Provision

Omit

Substitute

141

(heading)

AAT

ART

141

Administrative Appeals Tribunal

Administrative Review Tribunal

141 (note)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

142(b)

Administrative Appeals Tribunal

Administrative Review Tribunal

Infrastructure, Transport, Regional Development, Communications and the Arts

Schedule 14

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

233

National Transmission Network Sale Act 1998

11 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

18(4)

Administrative Appeals Tribunal

Administrative Review Tribunal

22(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

Navigation Act 2012

12 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

313(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

313(2)

Administrative Appeals Tribunal

Administrative Review Tribunal

313(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

Protection of Cultural Objects on Loan Act 2013

13 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 14

Infrastructure, Transport, Regional Development, Communications and

the Arts

Part 2

Bulk amendments

234

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Protection of Movable Cultural Heritage Act 1986

14 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

48(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

48(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

48(2)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

Protection of the Sea (Civil Liability) Act 1981

15 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

19(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

19(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

19(2)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

Infrastructure, Transport, Regional Development, Communications and the Arts

Schedule 14

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

235

Protection of the Sea (Civil Liability for Bunker Oil Pollution

Damage) Act 2008

16 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

Protection of the Sea (Prevention of Pollution from Ships)

Act 1983

17 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

26FEQ(8)

Administrative Appeals Tribunal

Administrative Review Tribunal

Public Lending Right Act 1985

18 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

20(1)

(definition

decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Schedule 14

Infrastructure, Transport, Regional Development, Communications and

the Arts

Part 2

Bulk amendments

236

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

20(8)

Administrative Appeals Tribunal

Administrative Review Tribunal

21(1)(b)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

21(1)(b)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

21(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

21(2)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

Resale Royalty Right for Visual Artists Act 2009

19 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

Shipping Reform (Tax Incentives) Act 2012

20 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

Infrastructure, Transport, Regional Development, Communications and the Arts

Schedule 14

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

237

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

Shipping Registration Act 1981

21 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

(heading)

AAT

ART

78(1)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

78(2)

Administrative Appeals Tribunal

Administrative Review Tribunal

78(3)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

78(3)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

Sydney Airport Curfew Act 1995

22 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

12(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 14

Infrastructure, Transport, Regional Development, Communications and

the Arts

Part 2

Bulk amendments

238

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Telstra Corporation Act 1991

23 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

8CA

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

8CA(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

8CA(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

8CA(2)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

8CA(4)

(definition

decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Veterans' Affairs

Schedule 15

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

239

Schedule

15--Veterans' Affairs

Part

1--Main amendments

Australian Participants in British Nuclear Tests and British

Commonwealth Occupation Force (Treatment) Act

2006

1 Section 27 (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

Compensation (Japanese Internment) Act 2001

2 Section 3 (definition of

Review Tribunal

)

Repeal the definition.

3 Section 3

Insert:

Tribunal

means the Administrative Review Tribunal.

4 Subsection 7(2)

Omit "Review".

Military Rehabilitation and Compensation Act 2004

5 Subsection 354(1A)

Repeal the subsection, substitute:

(1AA) The

Administrative Review Tribunal Act 2024

applies to an

application for review of a reviewable determination by the Board

under Part 4 of this Act as if references in the following provisions

of that Act to the decision-maker for the decision the subject of the

application were instead references to the Commission:

(a) section 56;

Schedule 15

Veterans' Affairs

Part 1

Main amendments

240

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

(b) section 60;

(d) paragraph 65(2)(b);

(e) subsection 73(3);

(f) subsection 79(3);

(g) paragraph 126(2)(b);

(h) paragraph 129(2)(b).

Note:

The provisions of the

Administrative Review Tribunal Act 2024

mentioned in this subsection apply normally in respect of other kinds

of reviewable determinations.

(1A) The

Administrative Review Tribunal Act 2024

applies to an

application for review of a reviewable determination by the Board

under Part 4 of this Act as if references in the following provisions

of that Act to the decision-maker for the decision the subject of the

application were instead references to whichever of the

Commission or the Chief of the Defence Force made the original

determination:

(a) paragraph 21(2)(b);

(b) Subdivision B of Division 4 of Part 3;

(d) section 54;

(e) section 85 (subject to subsection (1B) of this section);

(f) paragraph 105(c);

(g) subsection 108(2).

Note:

The provisions of the

Administrative Review Tribunal Act 2024

mentioned in this subsection apply normally in respect of other kinds

of reviewable determinations.

6 Subsection 354(1B)

Omit all the words after "then section", substitute "85 of the

Administrative Review Tribunal Act 2024

applies in relation to the

review by the Tribunal of the reviewable decision as if references in that

section to the decision-maker were instead references to the

Commission".

7 Subsection 354(1C)

Repeal the subsection, substitute:

Veterans' Affairs

Schedule 15

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

241

(1C) If, under subsection 85(1) of the

Administrative Review Tribunal

Act 2024

(as modified by subsection (1B) of this section), the

Tribunal remits the reviewable decision to the Commission for

reconsideration of that decision by the Commission:

(a) subsections 85(2), (7), (8), (9) and (10) of that Act do not

apply in relation to that remittal; and

(b) the Commission must reconsider that decision, and do one of

the following things, within the period of 28 days beginning

on the day on which that decision was remitted to the

Commission:

(i) affirm that decision;

(ii) vary that decision;

(iii) set aside that decision and make a new decision in

substitution for the decision set aside; and

done one of those things, within that 28-day period, the

Commission is taken to have affirmed that decision; and

(d) after the Commission complies with paragraph (b) of this

subsection, or is taken to have affirmed that decision under

paragraph (c) of this subsection, the proceeding for review of

that decision in the Tribunal resumes; and

(e) subsections 85(3), (4), (5) and (6) of that Act apply in

relation to that remittal.

Note:

Section 85 of the

Administrative Review Tribunal Act 2024

applies

normally in respect of other kinds of reviewable determinations.

8 Section 355 (table heading)

Omit "

Administrative Appeals Tribunal Act 1975

", substitute

Administrative Review Tribunal Act 2024

9 Section 355 (cell at table item 1, column headed

"Provision")

Omit "

Section 1

8C", substitute "

Section 5

7".

10 Section 355 (cell at table item 2, column headed

"Provision")

Omit "

Section 2

7", substitute "

Section 17 and subsection 1

23(2)".

Schedule 15

Veterans' Affairs

Part 1

Main amendments

242

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

11 Section 355 (cell at table item 3, column headed

"Provision")

Omit "

Subsection 2

9(2)", substitute "

Subsection 1

8(1)".

12 Section 355 (cell at table item 4, column headed

"Provision")

Omit "

Subsection 2

9(7)", substitute "

Subsections 1

9(1) and (2)".

13 Section 355 (cell at table item 5, column headed

"Provision")

Omit "

Subsection 3

0(1)", substitute "

Subsection 2

2(1)".

14 After section 355

Insert:

355A Applications cannot be made to the Tribunal guidance and

appeals panel

Despite section 123 of the

Administrative Review Tribunal Act

2024

, an application cannot be made under that section to refer a

decision of the Tribunal in relation to an application for review of a

reviewable determination by the Board under Part 4 of this Act.

15 Subsection 357(7)

Omit "the Registrar or an officer", substitute "the Principal Registrar

(within the meaning of the

Administrative Review Tribunal Act 2024

) or

an authorised person (within the meaning of that Act)

Safety, Rehabilitation and Compensation (Defence

related

Claims) Act 1988

16 Subsection 64(3)

Omit "

section 27 of the

Administrative Appeals Tribunal Act 1975

, a

person may not make an application to the Administrative Appeals

Tribunal", substitute "

section 17 of the

Administrative Review Tribunal

Act 2024

, a person may not make an application to the Administrative

Review Tribunal".

Veterans' Affairs

Schedule 15

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

243

17 Subsection 65(3)

Omit "

Section 1

8C", substitute "

Section 5

7".

18 Subsection 65(4)

Repeal the subsection, substitute:

(4) Despite section 18 of the Act, an application to the Administrative

Review Tribunal for review of a decision must be made within 60

days after the claimant is served a notice under section 63 of this

Act in relation to the decision.

19 Subsection 67(13)

Omit "the Registrar or an officer", substitute "the Principal Registrar

(within the meaning of the

Administrative Review Tribunal Act 2024

) or

an authorised person (within the meaning of that Act)

20 Subsection 67(14)

Repeal the subsection, substitute:

(14) For the purposes of section 115 of the

Administrative Review

Tribunal Act 2024

, the Commonwealth is taken to be a party to the

proceeding before the Administrative Review Tribunal.

Treatment Benefits (Special Access) Act 2019

21 Section 36 (note)

Omit "

Section 27A of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 266 of the

Administrative Review Tribunal Act

2024

Veterans' Entitlements Act 1986

22 Section 35J (note)

Repeal the note, substitute:

Note:

This provision also applies to a decision of the Administrative Review

Tribunal that a person has rendered qualifying service. This is because

subsection 108(2) of the

Administrative Review Tribunal Act 2024

provides that the Tribunal's decision is taken to be the decision of the

original decision-maker (in this case, the Commission).

Schedule 15

Veterans' Affairs

Part 1

Main amendments

244

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

23 At the end of section 115B

Add:

Timing of applications for review to the Administrative Review

Tribunal

(12)

The Veterans' Vocational Rehabilitation Scheme may modify the

operation of sections 18 and 19 of the

Administrative Review

Tribunal Act 2024

as it applies in relation to a decision made under

the Veterans' Vocational Re

habilitation Scheme.

24 Subsection 155A(2)

Omit all the words after "subject to the", substitute "

Administrative

Review Tribunal Act 2024

, be made to the Administrative Review

Tribunal for review of the decision and also include a statement to the

effect that the person may request a statement under section 268 of that

Act".

25 Subsection 175(2E)

Repeal the subsection, substitute:

(2E)

A person's right to apply to the Administrative Review Tribunal

under any of subsections (1A) to (2D) is subject to section 34 of

the

Administrative Review Tribunal Act 2024

Note:

Section 34 of the

Administrative Review Tribunal Act 2024

deals with

how to apply for review.

26 Subsection 175(4)

Omit "

section 29 of the

Administrative Appeals Tribunal Act 1975

application m

ay be made to the Administrative Appeals Tribunal",

substitute "

section 34 of the

Administrative Review Tribunal Act 2024

application may be made to the Administrative Review Tribunal".

27 Subsection 175(5)

Omit "

section 29 of the

Administrative Appeals Tribunal Act 1975

application may be made to the Administrative Appeals Tribunal",

substitute "

section 34 of the

Administrative Review Tribunal Act 2024

application may be made to the Administrative Review Tribunal".

Veterans' Affairs

Schedule 15

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

245

28 Subsection 176(1)

Repeal the subsection, substitute:

(1) The

Administrative Appeals Tribunal Act 1975

applies to an

application for review of a reviewable decision by the Board under

Division 3 of Part IX of this Act as if references in the following

provisions of that Act to the decision-maker for the decision the

subject of the application were instead references to the

Commission:

(a) paragraph 21(2)(b);

(b) Subdivision B of Division 4 of Part 3;

(d) section 54;

(e) section 56;

(f) section 60;

(g) paragraph 61(1)(b);

(h) paragraph 65(2)(b);

(i) subsection 73(3);

(j) subsection 79(3);

(k) section 85;

(l) paragraph 105(c);

(m) subsection 108(2);

(n) paragraph 126(2)(b);

(o) paragraph 129(2)(b).

29 Subsection 176(2)

Omit "

section 27 of the

Administrative Appeals Tribunal Act 1975

substitute "

section 17 of the

Administrative Review Tribunal Act 2024

30 Subsection 176(3)

Omit "

Section 28 of the

Administrative Appeals Tribunal Act 1975

substitute "

Section 268 of the

Administrative Review Tribunal Act

2024

31 Subsection 176(4)

Repeal the subsection, substitute:

Schedule 15

Veterans' Affairs

Part 1

Main amendments

246

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

(4) Despite section 18 of the

Administrative Review Tribunal Act 2024

an application to the Administrative Review Tribunal for review of

a decision must be made within the period of 3 months after the

applicant is given a document setting out the terms of the decision.

(4A) Despite section 19 of the

Administrative Review Tribunal Act 2024

the Administrative Review Tribunal must not extend the period

during which an application may be made beyond the period of 12

months after the day on which the document setting out the terms

of the decision was given to the applicant.

32 Subsections 176(5) and (6)

Repeal the subsections, substitute:

(5) Despite subsection 22(1) of the

Administrative Review Tribunal

Act 2024

, the parties to a proceeding before the Administrative

Review Tribunal for a review of a reviewable decision are:

(a) if the person who has applied for a review of the decision is a

person other than the Commission:

(i) the person who has so applied; and

(ii) the Commission; or

(b) in any other case:

(i) the Commission; and

(ii) the veteran, or dependant of a deceased veteran, affected

by that decision.

33 Subsection 176(7)

Omit "Notwithstanding

subsection 43(1) of the

Administrative Appeals

Tribunal Act 1975

, where the Administrative Appeals Tribunal",

substitute "Despite

section 105 of the

Administrative Review Tribunal

Act 2024

, where the Administrative Review Tribunal".

34 Subsection 176(8)

Omit "Notwithstanding

subsection 43(1) of the

Administrative Appeals

Tribunal Act 1975

, where the Administrative Appeals Tribunal",

substitute "Despite

section 105 of the

Administrative Review Tribunal

Act 2024

, where the Administrative Review Tribunal".

Veterans' Affairs

Schedule 15

Main amendments

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

247

35 Subsection 176(9)

Omit "Despite

subsection 43(1) of the

Administrative Appeals Tribunal

Act 1975

, if the Administrative Appeals Tribunal", substitute "Despite

section 105 of the

Administrative Review Tribunal Act 2024

, where the

Administrative Review Tribunal".

36 At the end of section 167

Add:

(10) Despite section 123 of the

Administrative Review Tribunal Act

2024

, an application cannot be made under that section to refer a

decision of the Tribunal in relation to an application for review of a

reviewable decision by the Board under Division 3 of Part IX of

this Act.

37 Subsection 177(1)

Omit "any of the provisions of

section 43 of the

Administrative Appeals

Tribunal Act 1975

in their application to proceedings for a review by

the Administrative Appeals Tribunal", substitute "

section 107 of the

Administrative Review Tribunal Act 2024

in its application to

proceedings for a review by the Administrative Review Tribunal".

38 Section 216

Before "The Governor

General", insert "(1)".

39 At the end of section 216

Add:

(2) The regulations may modify the operation of section 18 of the

Administrative Review Tribunal Act 2024

(when to apply

general

rule) as it applies in relation to a decision made under the

regulations.

Schedule 15

Veterans' Affairs

Part 2

Bulk amendments

248

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Part

2--Bulk amendments

Australian Participants in British Nuclear Tests and British

Commonwealth Occupation Force (Treatment) Act

2006

40 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Division 2

of Part 4

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

Defence Service Homes Act 1918

41 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

44(1)(e)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

44(1)(e)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

44(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

Veterans' Affairs

Schedule 15

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

249

Amendments

Provision

Omit

Substitute

Act 1975

Act 2024

44(3)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

44(4)

(definition

decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Military Rehabilitation and Compensation Act 2004

42 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

5(1)

(definition

Tribunal)

Administrative Appeals Tribunal

Administrative Review Tribunal

344

Administrative Appeals Tribunal

Administrative Review Tribunal

351(2)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

355

(heading)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

355

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

Safety, Rehabilitation and Compensation (Defence

related

Claims) Act 1988

43 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Schedule 15

Veterans' Affairs

Part 2

Bulk amendments

250

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

4(12)

Administrative Appeals Tribunal

Administrative Review Tribunal

28(4)

Administrative Appeals Tribunal

(wherever occurring)

Administrative Review Tribunal

60(1)

(definition

decision)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

63(c)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

63(c)

Administrative Appeals Tribunal

(second occurring)

Administrative Review Tribunal

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

64(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

(heading)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

65(1)

Administrative Appeals Tribunal

Act 1975

Administrative Review Tribunal

Act 2024

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

66(1)(a)

Administrative Appeals Tribunal

Administrative Review Tribunal

66(2)

Administrative Appeals Tribunal

Administrative Review Tribunal

66(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

67(3)(e)

Administrative Appeals Tribunal

Administrative Review Tribunal

67(4)(e)

Administrative Appeals Tribunal

Administrative Review Tribunal

67(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

67(8)

Administrative Appeals Tribunal

Administrative Review Tribunal

67(8A)

Administrative Appeals Tribunal

Administrative Review Tribunal

67(9)

Administrative Appeals Tribunal

Administrative Review Tribunal

67(10)

Administrative Appeals Tribunal

Administrative Review Tribunal

67(11)

Administrative Appeals Tribunal

Administrative Review Tribunal

Veterans' Affairs

Schedule 15

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

251

Amendments

Provision

Omit

Substitute

67(12)

Administrative Appeals Tribunal

Administrative Review Tribunal

67(13)

Administrative Appeals Tribunal

Administrative Review Tribunal

Social Security and Veterans' Affairs Legislation Amendment

(One

off Payments and Other 2007 Budget

Measures) Act 2007

44 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Schedule 5

, 5(2)

Administrative Appeals Tribunal

Administrative Review Tribunal

Treatment Benefits (Special Access) Act 2019

45 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

Division 3

of Part 5

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 15

Veterans' Affairs

Part 2

Bulk amendments

252

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Veterans' Entitlements Act 1986

46 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

13(8)(a)

or the Administrative Appeals

Tribunal

, the Administrative Review

Tribunal or the former

Administrative Appeals

Tribunal

13(8)(b)

or the Administrative Appeals

Tribunal

, the Administrative Review

Tribunal or the former

Administrative Appeals

Tribunal

13(8A)(a)

Administrative Appeals Tribunal

former Administrative Appeals

Tribunal

13(8A)(b)

Administrative Appeals Tribunal

former Administrative Appeals

Tribunal

18(2)

Administrative Appeals Tribunal

(wherever occurring)

Administrative Review Tribunal

29(4)

Administrative Appeals Tribunal

(wherever occurring)

Administrative Review Tribunal

31(2)

Administrative Appeals Tribunal

(wherever occurring)

Administrative Review Tribunal

31(6)(a)

Administrative Appeals Tribunal

Administrative Review Tribunal

31(6B)

Administrative Appeals Tribunal

Administrative Review Tribunal

31(10)

Administrative Appeals Tribunal

Administrative Review Tribunal

31(11)

Administrative Appeals Tribunal

Administrative Review Tribunal

31(12)

Administrative Appeals Tribunal

Administrative Review Tribunal

54(1)(b)

Administrative Appeals Tribunal

Administrative Review Tribunal

54A(1)(b)

Administrative Appeals Tribunal

Administrative Review Tribunal

54AA(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

57E(1)(c)

Administrative Appeals Tribunal

Administrative Review Tribunal

64F(1)(c)

Administrative Appeals Tribunal

Administrative Review Tribunal

Veterans' Affairs

Schedule 15

Bulk amendments

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

253

Amendments

Provision

Omit

Substitute

70(11)(a)

or the Administrative Appeals

Tribunal

, the Administrative Review

Tribunal or the former

Administrative Appeals

Tribunal

70(11)(b)

or the Administrative Appeals

Tribunal

, the Administrative Review

Tribunal or the former

Administrative Appeals

Tribunal

79W(1)(c)

Administrative Appeals Tribunal

Administrative Review Tribunal

93ZE(1)(c) Administrative Appeals Tribunal

Administrative Review Tribunal

115R(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

116D(5)(c) Administrative Appeals Tribunal

Administrative Review Tribunal

118ZX(1)(

Administrative Appeals Tribunal

Administrative Review Tribunal

127(1)(b)

Administrative Appeals Tribunal

Administrative Review Tribunal

132(7)

Administrative Appeals Tribunal

Administrative Review Tribunal

132(8)

Administrative Appeals Tribunal

Administrative Review Tribunal

140(6)

Administrative Appeals Tribunal

Administrative Review Tribunal

154(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

155A

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

155A(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

Part X

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

174(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

175(1)

Administrative Appeals Tribunal

Administrative Review Tribunal

175(1A)

Administrative Appeals Tribunal

Administrative Review Tribunal

175(2)

Administrative Appeals Tribunal

Administrative Review Tribunal

175(2A)

Administrative Appeals Tribunal

Administrative Review Tribunal

175(2B)

Administrative Appeals Tribunal

Administrative Review Tribunal

175(2C)

Administrative Appeals Tribunal

Administrative Review Tribunal

175(2D)

Administrative Appeals Tribunal

Administrative Review Tribunal

175(3)

Administrative Appeals Tribunal

Administrative Review Tribunal

Schedule 15

Veterans' Affairs

Part 2

Bulk amendments

254

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Amendments

Provision

Omit

Substitute

176

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

176(7)

Administrative Appeals Tribunal

(last occurring)

Tribunal

176(8)

Administrative Appeals Tribunal

(last occurring)

Tribunal

177(2)

Administrative Appeals Tribunal

Administrative Review Tribunal

177(3)

Administrative Appeals Tribunal

(wherever occurring)

Administrative Review Tribunal

177(4)

Administrative Appeals Tribunal

Administrative Review Tribunal

177(5)

Administrative Appeals Tribunal

Administrative Review Tribunal

177(5A)

Administrative Appeals Tribunal

Administrative Review Tribunal

177(5B)

Administrative Appeals Tribunal

Administrative Review Tribunal

177(5C)

Administrative Appeals Tribunal

Administrative Review Tribunal

177(6)

Administrative Appeals Tribunal

Administrative Review Tribunal

178

(heading)

Administrative Appeals Tribunal

Administrative Review Tribunal

178(1)

Administrative Appeals Tribunal

(wherever occurring)

Administrative Review Tribunal

Veterans' Entitlements (Clarke Review) Act 2004

47 Amendments of listed provisions

The provisions listed in the following table are amended as set out in

the table.

Amendments

Provision

Omit

Substitute

8(2)

Administrative Appeals Tribunal

Administrative Review Tribunal

Transitional provisions

Schedule 16

Preliminary

Part 1

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

255

Schedule

16--Transitional provisions

Part

1--Preliminary

1 Definitions

In this Schedule:

AAT

means the Administrative Appeals Tribunal.

ART

means the Administrative Review Tribunal.

new Act

means the

Administrative Review Tribunal Act 2024

new law

means the law of the Commonwealth as in force from time to

time after the transition time.

old Act

means the

Administrative Appeals Tribunal Act 1975

as in force

immediately before the transition time.

old law

means the law of the Commonwealth as in force from time to

time before the transition time.

reporting period

has the same meaning as in the

Public Governance,

Performance and Accountability Act 2013

rules

means the rules made under item 51.

transition time

means the time the new Act commences.

2 Application of Parts 3 to 6

Parts 3 to 6 of this Schedule have effect subject to provisions in Part 8

of this Schedule.

Schedule 16

Transitional provisions

Part 2

Establishment of the ART

256

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Part

2--Establishment of the ART

President's report for period ended before transition time

(1)

This item applies if:

(a) the transition time occurs after the end of a financial year;

and

(b) the annual report referred to in section 24R of the old Act had

not been prepared for the financial year before the transition

time.

(2)

The President of the ART must, as soon as reasonably practicable,

prepare the report in accordance with the old Act as if the old Act had

not been repealed.

(3)

The Minister must cause a copy of the report to be tabled in each House

of the Parliament as soon as practicable.

Registrar's report for period ended before transition time

(1)

This item applies if:

(a) the transition time occurs after the end of a reporting period

for the AAT; and

(b) the annual report referred to in section 46 of the

Public

Governance, Performance and Accountability Act 2013

for

the AAT for the reporting period had not been prepared

before the transition time.

(2)

The Chief Executive Officer and Principal Registrar of the ART must

prepare the report.

President's report for period in which transition time

occurs

(1)

This item applies:

(a) if the transition time occurs during a financial year; and

(b) in relation to the matters that would have been covered by the

annual report referred to in section 24R of the old Act for the

Transitional provisions

Schedule 16

Establishment of the ART

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

257

part of the financial year before the transition time if the old

Act had not been repealed.

(2)

The first annual report prepared by the President of the ART under

section 264 of the new Act must cover those matters.

Registrar's report for period in which transition time occurs

(1)

This item applies:

(a) if the transition time occurs during a reporting period for the

AAT; and

(b) in relation to the matters that would have been covered by the

annual report referred to in section 46 of the

Public

Governance, Performance and Accountability Act 2013

for

the AAT for the part of the reporting period before the

transition time if the old Act had not been repealed.

(2)

The first annual report prepared by the Chief Executive Officer and

Principal Registrar of the ART under section 46 of the

Public

Governance, Performance and Accountability Act 2013

must cover

those matters.

7 Records

(1)

This item applies to records and documents that were in the possession

of the AAT before the transition time.

(2)

The records and documents are to be transferred to the ART after the

transition time.

8 Return of documents by courts

(1)

This item applies if:

(a) immediately before the transition time, a court was in

possession or control of a document; and

(b) at a time (the

return time

) after the transition time, if the old

Act had not been repealed, the court would have had to return

the document to the AAT.

(2)

At the return time, the court must return the document to the ART.

Schedule 16

Transitional provisions

Part 2

Establishment of the ART

258

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

9 Return of documents by AAT

(1)

This item applies if:

(a) immediately before the transition time, the AAT was in

possession or control of a document; and

(b) at a time (the

return time

) after the transition time, if the old

Act had not been repealed, the AAT would have had to return

the document to a person or body.

(2)

At the return time, the ART must return the document.

10 Pending proceedings

(1)

This item applies to any proceedings:

(a) that were pending in any court or tribunal immediately before

the transition time; and

(b) to which the AAT was a party.

(2)

The ART is, after the transition time, substituted for the AAT as a party

to the proceedings.

11 Staff

(1)

This item applies to a person who, immediately before the transition

time, was engaged as a staff member of AAT under section 24N of the

old Act.

(2)

The person is taken, at the transition time, to be engaged as a member of

the staff of the ART under section 238 of the new Act on the same

terms and conditions.

(3)

The repeal of the old Act does not affect the continuity of employment

of the person.

12 Registries

(1)

This item applies if a registry established under section 64 of the old

Act was in existence immediately before the transition time.

(2)

At the transition time, the registry exists as if it had been established by

the Minister under section 243 of the new Act.

Transitional provisions

Schedule 16

Establishment of the ART

Part 2

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

259

13 References in instruments

(1)

This item applies if an instrument in force immediately before the

transition time:

(a) refers to the old Act; or

(b) refers to a provision of the old Act; or

(2)

The reference is taken, after the transition time, to be a reference to the

following (as the case requires):

(a) the new Act;

(b) an equivalent, or nearly equivalent, provision of the new Act;

(3)

The rules may provide that subitem (2) does not apply in relation to a

specified instrument, or a particular reference in a specified instrument.

(4)

To avoid doubt, this item does not prevent the instrument from being

amended or repealed after the transition time.

Schedule 16

Transitional provisions

Part 3

Notice, review rights and reasons

260

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

Part

3--Notice, review rights and reasons

14 Notice of decisions

(1)

This item applies if:

(a) a decision (other than a decision of the AAT) was made

under the old law; and

(b) the old law required notice of the decision to be given to a

person; and

(2)

The notice must be given:

(a) as if the old law continued to apply in relation to the time for

giving the notice; but

(b) otherwise

as if the decision had been made under the new

law.

15 Notice of review rights

(1)

This item applies if:

(a) a decision (other than a decision of the AAT) was made

under the old law; and

(b) the old law required notice of review or appeal rights in

relation to the decision to be given to a person; and

(2)

The notice must be given:

(a) as if the old law continued to apply in relation to the time for

giving the notice; but

(b) otherwise

as if the decision had been made under the new

law.

16 Reasons for decisions

mandatory

(1)

This item applies if:

(a) a decision (other than a decision of the AAT) was made

under the old law; and

Transitional provisions

Schedule 16

Notice, review rights and reasons

Part 3

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

261

(b) the old law required reasons for the decision to be given to a

person; and

(2)

The reasons must be given:

(a) as if the old law continued to apply in relation to the time for

giving the reasons; but

(b) otherwise

as if the decision had been made under the new

law.

17 Reasons for decisions

on request

(1)

This item applies if:

(a) a decision (other than a decision of the AAT) was made

under the old law; and

(b) the old law provided for a person to request reasons for the

decision; and

time.

(2)

The person may make the request after the transition time:

(a) as if the old law continued to apply in relation to the time for

making the request; but

(b) otherwise

as if the decision had been made under the new

law.

18 Reasons requested but not received

(1)

This item applies if:

(a) a decision (other than a decision of the AAT) was made

under the old law; and

(b) the old law provided for a person to request reasons for the

decision; and

(i) the person had made the request; but

(ii) the reasons had not been given.

(2)

The reasons must be given:

(a) as if the old law continued to apply in relation to the time for

giving the reasons; but

Transitional provisions

Schedule 16

Rights to apply

Part 4

No. , 2023

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

263

Part

4--Rights to apply

19 Notice of right to apply

(1)

This item applies if:

(a) a notice was made under the old law before the transition

time; and

(b) the notice was given, in accordance with the old law, to a

person before, on or after the transition time; and

entitled to apply for review of a decision to the AAT; and

(d) the period for making the application ends after the transition

time (or there is no period for making the application); and

(e) the person has not made the application.

(2)

The notice is taken:

(a) to include a statement to the effect that the person is entitled

to apply for review of the decision to the ART; and

(b) to have been made under, and given in accordance with, the

new law.

20 Applications to AAT

(1)

This item applies if, immediately before the transition time, a person

was entitled to make an application to the AAT.

(2)

The person may make the application to the ART:

(a) as if the old law continued to apply in relation to the time for

making the application; but

(b) otherwise

in accordance with the new law.

(3)

The ART must deal with the application in a manner that the ART

considers is efficient and fair.

(4)

For the purposes of subitem (3), the ART must have regard to the

impact of the following in relation to the application:

(a) the repeal of the old Act;

(b) the enactment of the new Act;

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(5)

The ART must, as far as possible, deal with the application under the

new law.

(6)

To avoid doubt, subitem (5) has effect subject to subitem (3).

21 No duplicate applications

(1)

This item applies if, before the transition time:

(a) a person made an application to the AAT for review of a

decision (the

initial decision

); and

(b) the AAT made a decision on the application or dismissed the

application.

(2)

This item also applies if:

(a) a person made an application to the AAT for review of a

decision (the

initial decision

) before the transition time; and

(b) immediately before that time, the AAT had not made a

decision on the application or dismissed the application.

(3)

The person is not entitled to apply to the ART for review of the initial

decision.

22 AAT decisions made before transition time

Requests for written reasons

(1)

If, immediately before the transition time, a person was entitled to

request reasons in writing for a decision made by the AAT, the person

may make the request to the ART.

(2)

The old law continues to apply in relation to the request.

Notice of decision and statement of reasons

(3)

To avoid doubt, section 111 of the new Act does not apply in relation to

a decision made by the AAT.

Guidance and appeals panel

(4)

To avoid doubt, Part 5 (guidance and appeals panel) of the new Act

does not apply in relation to a decision made by the AAT.

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23 Applications to courts

(1)

This item applies if, immediately before the transition time, a party to a

proceeding before the AAT was entitled to appeal or make an

application to a court in relation to a decision in the proceeding.

(2)

The party may appeal or make the application to the court after the

transition time:

(a) as if the old law continued to apply in relation to any time for

making the appeal or application; but

(b) otherwise:

(i) in accordance with the new law; and

(ii) as if the decision had been made by the ART.

(3)

For the purposes of the appeal or application, anything the court could

have done in relation to the AAT before the transition time may be done

in relation to the ART.

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Part

5--Proceedings in progress

24 AAT proceedings

(1)

This item applies if a proceeding in the AAT is not finalised (however

described) before the transition time.

(2)

The proceeding must be continued and finalised by the ART in a

manner that the ART considers is efficient and fair.

(3)

For the purposes of subitem (2), the ART must have regard to the

impact of the following on the parties to the proceeding:

(a) the repeal of the old Act;

(b) the enactment of the new Act;

(4)

The ART must, as far as possible, continue the proceeding under the

new law.

(5)

To avoid doubt, subitem (4) has effect subject to subitem (2).

Effect of things done before the transition time

(6)

Anything done in, or in relation to, the proceeding before the transition

time continues to have effect for the purposes of, or in relation to, the

proceeding (as the case requires) after the transition time.

(7)

Anything done in, or in relation to, the proceeding before the transition

time that was valid under, or done in accordance with, the old law is

taken to be valid under, or to have been done in accordance with, the

new law for the purposes of the proceeding after the transition time.

(8)

Anything done in, or in relation to, the proceeding before the transition

time by the AAT is taken, after that time, to have been done by the

ART.

25 Court proceedings

(1)

This item applies to a proceeding in a court that:

(a) relates to a decision made, or other thing done, by the AAT;

and

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6--Other things done by, or in relation to, the

AAT

26 General rule

(1)

The new Act applies in relation to a thing done by, or in relation to, the

AAT as if the thing had been done by, or in relation to, the ART.

(2)

This item has effect subject to other items of this Schedule.

27 Protection of information and documents

(1)

This item applies if:

(a) information or a document was given to the AAT; and

(b) either:

(i) the AAT gave a direction, made an order or did any

other thing to prohibit disclosure or publication of the

information or document; or

(ii) the old law otherwise provided for the protection of the

information or document (including by prohibiting

disclosure or publication).

(2)

The old law (including any offences under the old law) continues to

apply in relation to the disclosure, publication or other protection of the

information or document.

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Part

7--Members of the Tribunal

28 President of the Tribunal

The person who was the President of the AAT immediately before the

transition time:

(a) becomes the President of the ART at the transition time; and

(b) holds office as the President of the ART:

(i) on the same terms and conditions on which the person

held office as President of the AAT; and

(ii) for the remainder of the term for which the person was

appointed as President of the AAT.

29 Deputy Presidents who are judges

A person who was both a judge and a Deputy President of the AAT

immediately before the transition time:

(a) becomes a Judicial Deputy President of the ART at the

transition time; and

(b) holds office as a Judicial Deputy President:

(i) on the same terms and conditions on which the person

held office as Deputy President of the AAT; and

(ii) for the remainder of the term for which the person was

appointed as Deputy President of the AAT.

30 AAT members

certain appointments on or after

1 January 2023

(1)

This item applies if:

(a) a person was a member of the AAT immediately before the

transition time; and

(b) the person is not covered by a previous provision of this Part;

and

(i) on or after 1 January 2023; and

(ii) as a result of a selection process conducted in

accordance with the Guidelines for appointments to the

Administrative Appeals Tribunal.

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(2)

At the transition time, the person becomes:

(a) if the person was a Deputy President but not a judge

Non-Judicial Deputy President of the ART; or

(b) if the person was a senior member (level 1 or 2)

a senior

member of the ART; or

a general

member of the ART.

(3)

If the person was a full-time member, the person becomes a salaried

member of the ART.

(4)

If the person was a part-time member, the person becomes a sessional

member of the ART.

(5)

The person is taken to be appointed to the ART for the remainder of the

term for which the person was appointed as a member of the AAT.

(6)

For the remainder of that term, the terms and conditions (including

remuneration) of the person's appointment to t

he ART must be equal to,

or better than, the terms and conditions that applied to the person as a

member of the AAT immediately before the transition time.

Note:

The person's remuneration will not be better than their remuneration as a member of the

AAT unless a higher level of remuneration is determined by the Remuneration Tribunal.

(7)

If, immediately before the transition time, the person was a member of

the AAT, the person may be reappointed as a member of the ART as if

the person's appointment as a mem

ber of the AAT were an appointment

as a member of the ART.

(8)

To avoid doubt, any leave entitlements the person had accrued

immediately before the transition time as a member of the AAT

continue in effect for the person as member of the ART.

31 AAT members appointed as ART members

(1)

This item applies if:

(a) a person was a full-time member of the AAT immediately

before the transition time; and

(b) the person is not covered by a previous provision of this Part;

and

commencing at, or immediately after, the transition time.

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(2)

he person's remuneration

(a) if the remainder of the term for which the person was

appointed as a member of the AAT is 4 months or more

for

the first 4 months as a member of the ART must not be less

than the amount of remuneration the person would have

received if the person had continued as a member of the AAT

for those 4 months; or

(b) if the remainder of the term for which the person was

appointed as a member of the AAT is less than 4 months

for the period of that remaining term after the transition time

as a member of the ART must not be less than the amount of

remuneration the person would have received as a member of

the AAT for that period.

(3)

No other compensation is payable by the Commonwealth in relation to

the person's appointment as a member of the AAT.

(4)

Any leave entitlements the person had accrued immediately before the

transition time as a member of the AAT continue in effect for the

person as member of the ART.

(5)

Subitem (4) has effect:

(a) despite subsection 30(3) of the

Remuneration Tribunal

(Judicial and Related Offices

Remuneration and

Allowances) Determination (No. 2) 2023

; but

(b) subject to subitem (6).

Election to have leave paid

(6)

The person may elect to have any leave entitlements the person had

accrued immediately before the transition time as a member of the AAT

paid out in accordance with subsection 30(3) of the

Remuneration

Tribunal (Judicial and Related Offices

Remuneration and Allowances)

Determination (No. 2) 2023

(7)

The election must be:

(a) in writing; and

(b) signed by the person; and

before the transition time.

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(8)

To avoid doubt:

(a) the amount mentioned in subitem (2) is to be calculated by

reference to the person's remuneration immediately before

the transition time; and

(b) the

Remuneration Tribunal (Compensation for Loss of Office

for Holders of Certain Public Offices) Determination 2018

doe

s not apply in relation to the person's appointment as a

member of the AAT.

32 AAT members not appointed as ART members

(1)

This item applies if:

(a) a person was a full-time member of the AAT immediately

before the transition time; and

(b) the person is not covered by a previous provision of this Part.

(2)

The Commonwealth must pay the person compensation as follows:

(a) if, at the transition time, the remainder of the term for which

the person was appointed as a member of the AAT is 4

months or more

an amount equal to 4 months

remuneration;

(b) if, at the transition time, the remainder of the term for which

the person was appointed as a member of the AAT is less

than 4 months

the amount the person would have received

as remuneration for the remainder of that term.

(3)

No other compensation is payable by the Commonwealth in relation to

the person's appointment as a member of the AAT.

(4)

To avoid doubt:

(a) the amount mentioned in paragraph (2)(a) or (b) is to be

calculated by reference to the person's

remuneration

immediately before the transition time; and

(b) the

Remuneration Tribunal (Compensation for Loss of Office

for Holders of Certain Public Offices) Determination 2018

does not apply

in relation to the person's appointment as a

member of the AAT.

33 Compensation

(1)

If:

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(a) apart from this item, the operation of this Part would result in

the acquisition of property from a person otherwise than on

just terms; and

(b) the acquisition would be invalid because of

paragraph 51(xxxi) of the Constitution;

the Commonwealth is liable to pay a reasonable amount of

compensation to the person.

(2)

If the Commonwealth and the person do not agree on the amount of the

compensation, the person may institute proceedings in the Federal

Court of Australia or the Supreme Court of a State or Territory for the

recovery from the Commonwealth of such reasonable amount of

compensation as the court determines.

(3)

In this item:

acquisition of property

has the same meaning as in paragraph 51(xxxi)

of the Constitution.

just terms

has the same meaning as in paragraph 51(xxxi) of the

Constitution.

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Part

8--Matters specific to particular Acts

Division 1

Migration

34 Definitions

In this Division:

IAA

means the Immigration Assessment Authority.

Minister

means the Minister administering the

Migration Act 1958

35 Part 7AA fast track review

decision on protection visa

application not made before transition time

(1)

Subitem (2) applies if:

(a) immediately before the transition time, a person was a fast

track applicant; and

(b) immediately before that time, a decision under section 65 of

the

Migration Act 1958

on the person's application for a

protection visa had not been made; and

a protection visa to the person, other than a decision to refuse

to grant such a visa:

(i) because the Minister or a delegate of the Minister is not

satisfied that the person passes the character test under

section 501 of that Act; or

(ii) relying on subsection 5H(2) or 36(1B) or (1C) or

paragraph 36(2C)(a) or (b) of that Act.

(2)

The Minister must refer the decision to refuse to grant the protection

visa to the ART as soon as reasonably practicable after the decision is

made.

(3)

If the Minister refers a decision to the ART under subitem (2):

(a) the person is taken to have made an application to the ART

under section 347 of the

Migration Act 1958

(as amended by

Schedule 2 to this Act) for a review of a reviewable

protection decision; and

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(b) the application is taken to have been properly made under

sections 347 and 347A of that Act (as amended by

Schedule 2 to this Act).

36 Part 7AA fast track review

decision not made by IAA

before transition time

(1)

This item applies if:

(a) before the transition time, a fast track reviewable decision

had been referred or remitted to the IAA for review; and

(b) immediately before that time, the IAA had not made a

decision on the review.

(2)

The proceeding for review of the decision must be continued and

finalised by the ART.

(3)

For the purposes of subitem (2), the proceeding is taken to be a

proceeding for review of a reviewable protection decision.

37 Part 7AA fast track review

excluded fast track review

applicants

(1)

Subitem (2) applies if:

(a) before the transition time:

(i) a person was an excluded fast track review applicant;

and

(ii) a decision had been made to refuse to grant a protection

visa to the person, other than a decision to refuse to

grant such a visa on the grounds mentioned in

subparagraph 35(1)(c)(i) or (ii); and

(b) after the transition time:

(i) a court remits the decision to the Minister; and

(ii) a decision has been made to refuse to grant a protection

visa to the person, other than a decision to refuse to

grant such a visa on the grounds mentioned in

subparagraph 35(1)(c)(i) or (ii).

(2)

The Minister must refer the decision to refuse to grant the protection

visa to the ART as soon as reasonably practicable after the decision is

made.

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(3)

If the Minister refers a decision to the ART under subitem (2):

(a) the person is taken to have made an application to the ART

under section 347 of the

Migration Act 1958

(as amended by

Schedule 2 to this Act), for a review of a reviewable

protection decision; and

(b) the application is taken to have been properly made under

sections 347 and 347A of that Act (as amended by

Schedule 2 to this Act).

38 Minister may substitute a more favourable decision

The Minister may exercise a power conferred by section 351 of the

Migration Act 1958

on or after the transition day in relation to a

decision made by the AAT before the transition day under section 349

or 415 of that Act.

39 Date of migration decision

(1)

This item applies if, immediately before the transition time, a particular

date was, for a migration decision, the date of the migration decision for

the purposes of section 477, 477A or 486A of the

Migration Act 1958

(2)

That particular date continues to be the date of the migration decision

for the purposes of the relevant section on and after the transition time,

despite the amendment of the definition of

date of the migration

decision

in subsection 477(3) of the

Migration Act 1958

made by

Schedule 2 to this Act.

40 Section 486D of the

Migration Act 1958

For the purposes of the operation of section 486D of the

Migration Act

1958

on and after the transition time, a reference to a tribunal decision

includes a reference to a decision made before the transition time by:

(a) the AAT under Part 5 or 7 or section 500 of that Act; or

(b) the Immigration Assessment Authority under Part 7AA of

that Act.

41 Delegation

For the purposes of section 496 (delegation) of the

Migration Act 1958

the Minister's powers under this Schedule are taken to be powers under

that Act.

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42 Applications that are finally determined

The amendments made by Schedule 2 to this Act do not apply in

relation to an application under the

Migration Act 1958

if the

application was finally determined before the transition time.

Division 2

Social services

43 Definitions

In this Division:

AAT first review

has the same meaning as in the old law.

AAT second review

has the same meaning as in the old law.

44 Right to apply for review

AAT first review matters not

finalised at transition time

(1)

This item applies if:

(a) a proceeding in the AAT for AAT first review is not finalised

(however described) before the transition time; and

(b) the proceeding is finalised by the ART under item 24; and

(c)

if the ART's decision (the

review decision

) in the proceeding

had been made by the AAT

a person would have been

entitled, under the old law, to make an application to the

AAT for AAT second review of that decision.

(2)

The person may make an application to the ART for review of:

(a) if the review decision is to affirm a decision (the

original

decision

)

the original decision as affirmed; or

(b) if the review decision is to vary a decision (the

original

decision

)

the original decision as varied; or

a new decision

the new decision; or

(d) if the review decision is to set a decision (the

original

decision

) aside and remit the matter to the decision-maker for

reconsideration

the original decision.

(3)

The person may make the application in accordance with the new law.

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(4)

Despite section 123 of the new Act, an application cannot be made

under that section to refer the following to the guidance and appeals

panel:

(a) the review decision;

(b) the decision of the ART in the proceeding in relation to an

application made under subitem (2).

Note:

However, the President of the ART may, on the President's own initiative, refer an

application under subitem (2) to the guidance and appeals panel under section 122 of the

new Act.

(5)

In a proceeding in relation to an application made under subitem (2) for

review of a decision, the ART may have regard to:

(a) any record of the proceeding (the

earlier proceeding

) in

which the decision is made (including a record of any

evidence taken in the earlier proceeding); and

(b) any document or thing relating to the earlier proceeding

given to the ART; and

proceeding.

45 Right to apply for review

AAT decisions made before

transition time

(1)

This item applies if, immediately before the transition time, a person

was entitled under the old law to make an application to the AAT for

review of a decision (the

AAT decision

) made by the AAT.

(2)

The person may make an application to the ART for review of:

(a) if the AAT decision was to affirm a decision (the

original

decision

) on AAT first review

the original decision as

affirmed; or

(b) if the AAT decision was to vary a decision (the

original

decision

) on AAT first review

the original decision as

varied; or

a new decision on AAT first review

the new decision; or

(d) if the AAT decision was, on AAT first review, to set a

decision (the

original decision

) aside and remit the matter for

reconsideration

the original decision; or

(e) if none of paragraphs (a) to (d) apply

the AAT decision.

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(3)

The person may make the application:

(a) as if the old law continued to apply in relation to the time for

making the application; but

(b) otherwise

in accordance with the new law.

(4)

Despite section 123 of the new Act, an application cannot be made

under that section to refer the following to the guidance and appeals

panel:

(a) the AAT decision;

(b) the decision of the ART in the proceeding in relation to an

application made under subitem (2).

Note:

However, the President of the ART may, on the President's own initiative, refer an

application under subitem (2) to the guidance and appeals panel under section 122 of the

new Act.

(5)

In a proceeding in relation to an application made under subitem (2) for

review of a decision, the ART may have regard to:

(a) any record of the proceeding (the

earlier proceeding

) in

which the decision is made (including a record of any

evidence taken in the earlier proceeding); and

(b) any document or thing relating to the earlier proceeding

given to the AAT; and

proceeding.

(6)

If an application is made under subitem (2) for review of a decision

covered by paragraph (e) of that subitem, then, for the purposes of the

application:

(a) there is no decision-maker for the decision; and

(b) subsection 108(2) of the new Act applies as if the reference

to the decision-maker were a reference to the ART.

46 Variation or substitution of decision after application is

made

(1)

Section 31 (decision cannot be altered outside ART process) of the new

Act does not apply in relation to an application made under

subitem 44(2) or 45(2).

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(2)

If the decision to which the application relates is varied or substituted

after the application has been made, the application is taken to be an

application for review of the decision as varied or substituted.

47 AAT second review proceedings finalised by ART

(1)

This item applies if:

(a) a proceeding in the AAT for AAT second review is not

finalised (however described) before the transition time; and

(b) the proceeding is finalised by the ART under item 24.

(2)

Despite section 123 of the new Act, an application cannot be made

under that section to refer the ART's decision in r

elation to the

proceeding to the guidance and appeals panel.

48 ART decision on second review of care percentage

decision

(1)

This item applies in relation to:

(a) a review (a

transitional second review

) by the ART on

application made under subitem 44(2) or 45(2); or

(b) a review (also a

transitional second review

) by the ART in

finalising under item 24 a proceeding in the AAT for AAT

second review.

(2)

If:

(a) any of the following applies:

(i) the AAT has reviewed a decision on application referred

to in paragraph 96A(b) of the

Child Support

(Registration and Collection) Act 1988

(as in force

before the transition time);

(ii) the ART has reviewed a decision in finalising under

item 24 a proceeding in relation to such an application;

(iii) the ART has reviewed a decision made by the AAT on

AAT first review of a child support care percentage

decision;

(iv) the ART has reviewed a decision made by the ART in

finalising under item 24 a proceeding in relation to an

AAT first review of a child support care percentage

decision; and

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(b) the review involved (wholly or partly) a review of a

determination to which a family assistance care percentage

decision relates;

then, despite section 54 of the new Act, the ART must not, on

transitional second review of the family assistance care percentage

decision, vary or substitute the decision in a way that would have the

effect of varying or substituting the determination referred to in

paragraph (b) of this subitem.

(3)

If:

(a) any of the following applies:

(i) the AAT has reviewed a decision on application referred

to in section 128 of the

A New Tax System (Family

Assistance) (Administration) Act 1999

(as in force

before the transition time);

(ii) the ART has reviewed a decision in finalising under

item 24 a proceeding in relation to such an application;

(iii) the ART has reviewed a decision made by the AAT on

AAT first review of a family assistance care percentage

decision;

(iv) the ART has reviewed a decision made by the ART in

finalising under item 24 a proceeding in relation to an

AAT first review of a family assistance care percentage

decision; and

(b) the review involved (wholly or partly) a review of a

determination to which a child support care percentage

decision relates;

then, despite section 54 of the new Act, the ART must not, on

transitional second review of the child support care percentage decision,

vary or substitute the decision in a way that would have the effect of

varying or substituting the determination referred to in paragraph (b) of

this subitem.

(4)

In this item:

child support care percentage decision

means a care percentage

decision within the meaning of the

Child Support (Registration and

Collection) Act 1988

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No. , 2023

family assistance care percentage decision

means a care percentage

decision within the meaning of the

A New Tax System (Family

Assistance) (Administration) Act 1999

49 Applications for extension of time not yet dealt with

(1)

This item applies if:

(a) before the transition time, a person made an application to

the AAT under the old law in relation to the time for making

an application for review of a decision; and

(b) at the transition time, the AAT had not made a decision on

the application.

(2)

The ART must, as far as possible, deal with the application as if the old

law continued to apply in relation to the making of the application.

50 Right to make applications for extension of time

(1)

This item applies if, immediately before the transition time, a person

was entitled under the old law to make an application to the AAT in

relation to the time for making an application for review of a decision.

(2)

The person may make the application to the ART as if the old law

continued to apply in relation to the making of the application.

(3)

The ART must, as far as possible, deal with the application as if the old

law continued to apply in relation to the making of the application.

Transitional provisions

Schedule 16

Transitional rules

Part 9

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Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

283

Part

9--Transitional rules

51 Transitional rules

(1)

The Minister may, by legislative instrument, make rules prescribing

matters:

(a) required or permitted by this Act to be prescribed by the

rules; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

(2)

Without limiting subitem (1), the rules may prescribe matters of a

transitional nature (including prescribing any saving or application

provisions) relating to:

(a) the amendments or repeals made by this Act; or

(b) the enactment of the new Act.

(3)

Without limiting subitem (2), rules made for the purposes of that

subitem may do either or both of the following:

(a) modify provisions of this Act or the new Act, or provide for

the application (with or without modifications) of provisions

of this Act or the new Act to matters to which they would

otherwise not apply;

(b) modify the operation of this Act (including in respect of

specified matters only).

(4)

Despite subsection 12(2) of the

Legislation Act 2003

and subject to

subitem (5), the rules may be expressed to take effect from a date before

the rules are registered under that Act.

(5)

If:

(a) the rules are expressed to take effect from a date before the

rules are registered under the

Legislation Act 2003

; and

(b) a person engaged in conduct before the registration date; and

not have contravened a provision of an Act;

Schedule 16

Transitional provisions

Part 9

Transitional rules

284

Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

No. , 2023

then a court must not convict the person of an offence, or order the

person to pay a pecuniary penalty, in relation to the conduct on the

grounds that it contravened a provision of that Act.

(6)

To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund;

(e) directly amend the text of this Act or the new Act.

(7)

This Schedule does not limit the rules that may be made for the

purposes of subitem (1).

Repeals

Schedule 17

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Administrative Review Tribunal (Consequential and Transitional

Provisions No. 1) Bill 2023

285

Schedule

17--Repeals

Administrative Appeals Tribunal Act 1975

1 The whole of the Act

Repeal the Act.

Commonwealth of Australia Bills

ADMINISTRATIVE REVIEW TRIBUNAL (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS NO. 1) BILL 2023