Tasmanian Numbered Acts
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MAGISTRATES COURT (ADMINISTRATIVE APPEALS DIVISION) ACT 2001 (NO. 72
OF 2001)
- Act 72 of 2001
- Royal Assent 30 October 2001
TABLE OF PROVISIONS
Long Title
PART 1 - Preliminary
1. Short title
2. Commencement
3. Interpretation
4. Meaning of "decision"
5. Meaning of "decision-maker"
6. Act binds Crown
PART 2 - Establishment of administrative appeals division of the magistrates court
7. Establishment of Administrative Appeals Division of Magistrates Court
8. Composition of Court
9. Jurisdiction of Court
PART 3 - Jurisdiction of the Court
10. Conferral of jurisdiction to review reviewable decisions
11. When enactment taken to make contrary provision to this Act
PART 4 - Process for review of reviewable decisions
Division 1 - Role of decision-makersSubdivision 1 - Information concerning decision and review rights
12. Notice of decision and review rights to be given by decision-maker
13. Duty of decision-maker to give reasons on request
14. Decision-maker may refuse reasons in certain cases
15. Court may determine whether person entitled to reasons or made request within reasonable time
16. Court may order decision-maker to provide statement of reasons or adequate statement of reasons
Division 2 - Role of CourtSubdivision 1 - Applications for review
17. Applications for review
18. Fees for applications
19. Extension of time
20. Late applications to Court
21. Duty of decision-maker to lodge material documents with Court where decision reviewed
22. Objections to lodgment
23. Stay of decision
24. Restrictions on ordering stay of proceedings
25. Conditions of stay order
26. Determination of review by Court
27. Application of Government policy
28. Power to remit matters to decision-maker for further consideration
29. Effect of review decision
PART 5 - Procedure of Court generally
Division 1 - Parties to proceedings
30. Parties to proceedings before Court
31. Opportunity of parties to make submissions
32. Representation before Court
33. Notice of application to be served on other parties
Division 2 - Other procedural matters
34. Procedure of Court generally
35. Preliminary conferences
36. Proceedings on hearing to be conducted in public
37. Circumstances in which hearing may be dispensed with
38. Amendments and irregularities
39. Orders for payment of money
40. Powers in relation to witnesses
41. Issue of summons
42. Power to impose conditions
43. Powers when proceedings settled
44. Power to correct decisions of Court
45. Costs
46. Court to give decision determining application
PART 6 - Appeals to supreme court
47. Appeals to Supreme Court from decisions of Court
48. Operation and implementation of decision that is subject to appeal
49. Questions reserved for opinion of Supreme Court
PART 7 - Miscellaneous
50. References to application in enactments
51. Rules of court may provide for practice and procedure
52. Regulations
53. Administration of Act
54. Transitional
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