Commonwealth Numbered Acts

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 No. 59 of 1977 - SECT 3

3. (1) In this Act, unless the contrary intention appears-

''Court'' means the Federal Court of Australia;

''decision to which this Act applies'' means a decision of an administrative
character made, proposed to be made, or required to be made, as the case may
be (whether in the exercise of a discretion or not) under an enactment, other
than a decision by the Governor-General;

''duty'' includes a duty imposed on a person in his capacity as a servant of
the Crown;

''enactment'' means-

   (a)  an Act other than the Commonwealth Places (Application of Laws) Act 
        1970 ;

   (b)  an Ordinance of a Territory; or

   (c)  an instrument (including rules, regulations or by-laws) made under
        such an Act or under such an Ordinance,

and includes a part of an enactment;

''failure'', in relation to the making of a decision, includes a refusal to
make the decision;

''order of review'', in relation to a decision, in relation to conduct engaged
in for the purpose of making a decision or in relation to a failure to make a
decision, means an order on an application made under section 5, 6 or 7 in
respect of the decision, conduct or failure;

''Rules of Court'' means Rules of Court made under the Federal Court of 
Australia Act 1976 ;

''the Court or a Judge'' has the same meaning as in the Federal Court of 
Australia Act 1976 .

(2) In this Act, a reference to the making of a decision includes a reference
to-

   (a)  making, suspending, revoking or refusing to make an order, award or
        determination;

   (b)  giving, suspending, revoking or refusing to give a certificate,
        direction, approval, consent or permission;

   (c)  issuing, suspending, revoking or refusing to issue a licence,
        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; or

   (g)  doing or refusing to do any other act or thing, and a reference to a
        failure to make a decision shall be construed accordingly.

(3) Where provision is made by an enactment for the making of a report or
recommendation before a decision is made in the exercise of a power under that
enactment or under another enactment, the making of such a report or
recommendation shall itself be deemed, for the purposes of this Act, to be the
making of a decision.

(4) In this Act-

   (a)  a reference to a person aggrieved by a decision includes a reference-

        (i)    to a person whose interests are adversely affected by the
               decision; or

        (ii)   in the case of a decision by way of the making of a report or
               recommendation-to a person whose interests would be adversely
               affected if a decision were, or were not, made in accordance
               with the report or recommendation;

and

   (b)  a reference to a person aggrieved by conduct that has been, is being,
        or is proposed to be, engaged in for the purpose of making a decision
        or by a failure to make a decision includes a reference to a person
        whose interests are or would be adversely affected by the conduct or
        failure.

(5) A reference in this Act to conduct engaged in for the purpose of making a
decision includes a reference to the doing of any act or thing preparatory to
the making of the decision, including the taking of evidence or the holding of
an inquiry or investigation.

(6) A document or a statement that is required by this Act to be furnished to
a person or a notice that is required by this Act to be given to a person may
be posted to the person by a pre-paid letter-

   (a)  where the person has furnished an address at which documents may be
        served-to that address; or

   (b)  where no such address has been furnished-

        (i)    in the case of a person not being a company-to the address of
               his place of residence or business last known to the person
               posting the document, statement or notice; or

        (ii)   in the case of a company-to the address of the registered
               office of the company, and, if a document, statement or notice
               is so posted, then, for the purposes of this Act, the document
               or statement shall be deemed to be furnished, or the notice
               shall be deemed to be given, as the case may be, at the time
               when the document, statement or notice is so posted.