Document ID: chunk:federal_register_of_legislation:C2005C00504:clause:1_2:p1
Version: federal_register_of_legislation:C2005C00504
Segment Type: clause
Provision Reference: sch 1 cl 2 (pt 1/2)
Character Range: 4050–6721

2  Effect of amended Act in relation to appellable State or Territory decisions

Definitions

(1) In this item:
amended Act means the Administrative Appeals Tribunal Act 1975 as in force after the commencement.
appellable State decision means a decision of the Tribunal made in the exercise of power conferred on the Tribunal by or under a law of a State.
appellable Territory decision means a decision of the Tribunal made in the exercise of power conferred on the Tribunal by or under a law of the Australian Capital Territory or of the Northern Territory.
commencement means the commencement of the amendments of the Administrative Appeals Tribunal Act 1975 made by this Schedule.
State does not include the Northern Territory.
Tribunal has the same meaning as in the amended Act.

Appellable State decisions made before the commencement—situations in which period for appealing under amended Act is extended

(2) In each of the following situations, the amended Act applies in relation to a person and an appellable State decision as if the 28 day period referred to in subsection 44(2A) of that Act began on the commencement:
 (a) the first situation—the decision was made before the commencement and that 28 day period would otherwise have begun during the period starting on 20 May 1999 and ending immediately before the commencement;
 (b) the second situation—before 17 June 1999, the Federal Court of Australia, purporting to Act under subsection 44(2A) of the Administrative Appeals Tribunal Act 1975 as purportedly applied as a law of a State, made an order allowing the person further time to make an appeal from that decision and that period of time had not expired by 17 June 1999;
 (c) the third situation—immediately before 17 June 1999, proceedings by way of an appeal by the person from the decision were before the Federal Court of Australia under section 44 of the Administrative Appeals Tribunal Act 1975 as purportedly applied as a law of a State.

Note: The power under subsection 44(2A) of the amended Act to extend the time for appealing from a decision of the Tribunal is available even if the decision is an appellable State decision and the 28 day time limit that would otherwise apply expired before the commencement.

Appellable Territory decisions—ACT and NT laws no longer operate to apply sections 44 to 46 of the AAT Act

(3) A law of the Australian Capital Territory or the Northern Territory that provides for the application of the Administrative Appeals Tribunal Act 1975 as a law of that Territory is of no effect after the commencement so far as that law purports to apply all or any of sections 44 to 46 of that Act in relation to