Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p80
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 201788–204466

of the Administrative Appeals Tribunal to accept, or not to accept, the referral of a decision under section 150C or 166HB.

Application for review

"166LB.(1) Subject to subsection (2), application may be made for review by the Federal Court of a judicially-reviewable decision on any one or more of the following grounds:

    (a)     that procedures that were required by this Act or the regulations to be observed in connection with the making of the decision were not observed;

    (b)     that the person who purported to make the decision did not have jurisdiction to make the decision;

    (c)     that the decision was not authorised by this Act or the regulations;

    (d)     that the decision was an improper exercise of the power conferred by this Act or the regulations;

    (e)     that the decision involved an error of law, being an error involving an incorrect interpretation of the applicable law or an incorrect application of the law to the facts as found by the person who made the decision, whether or not the error appears on the record of the decision;

     (f) that the decision was induced or affected by fraud or by actual bias;

     (g) that there was no evidence or other material to justify the making of the decision.

"(2) The following are not grounds upon which an application may be made under subsection (1):

     (a)     that a breach of the rules of natural justice occurred in connection with the making of the decision;

     (b)     that the decision involved an exercise of a power that is so unreasonable that no reasonable person could have so exercised the power.

"(3) The reference in paragraph (1)(d) to an improper exercise of a power is to be construed as being a reference to:

     (a)     an exercise of a power for a purpose other than a purpose for which the power is conferred; and

     (b)     an exercise of a personal discretionary power at the direction or behest of another person; and

     (c)     an exercise of a discretionary power in accordance with a rule or policy without regard to the merits of the particular case;

but not as including a reference to:

    (d)     taking an irrelevant consideration into account in the exercise of a power; or

    (e)     failing to take a relevant consideration into account in the exercise of a power; or

  (f)      an exercise of a discretionary power in bad faith; or

    (g)     any other exercise of the power in such a way that represents an abuse of the power that is not covered by paragraphs (a) to (c).

"(4) The ground specified in paragraph (1)(g) is not to be taken to have been made out unless:

    (a)     the person who made the decision was