Document ID: chunk:federal_register_of_legislation:C2024C00680:section:242
Version: federal_register_of_legislation:C2024C00680
Segment Type: section
Provision Reference: s 242
Character Range: 316886–319621

242  Review of decisions by Administrative Review Tribunal
 (1) Applications may be made to the Administrative Review Tribunal for review of decisions made by the Minister under this Act.
 (2) Subsection (1) does not apply to the following decisions:
 (a) a decision under Division 3 of Part 2 (which deals with the grant of airport leases);
 (b) a decision to approve, or to refuse to approve, the transfer of an airport lease;
 (c) a decision to approve, or to refuse to approve, a company, an agreement or a variation, under section 33 (which deals with airport‑management agreements);
 (d) a decision under section 55 (which deals with the practical control of airport‑operator companies);
 (da) a decision under subsection 89(8) or (10) (which deal with legislative instruments in connection with major airport developments);
 (db) a decision under section 96AA (which deals with the cessation of approval of major development plans in exceptional circumstances);
 (e) a decision under Part 13 (which deals with access to airports and demand management schemes for airports);
 (f) a decision under section 96B to determine an airport plan for Sydney West Airport;
 (fa) a decision under section 96D to vary an airport plan for Sydney West Airport;
 (fb) a decision under section 112B to declare that a specified day is the Sydney West Airport completion day for the purposes of this Act;
 (g) a decision to apply, or to refuse to apply, to the Federal Court for an order or injunction;
 (ga) a decision under section 233 (which deals with authorised officers for the purposes of exercising monitoring powers);
 (h) a decision under section 244 to delegate, or to refuse to delegate, a power.

Notification of right of review
 (3) If the Minister:
 (a) makes a decision of a kind covered by subsection (1); and
 (b) gives to the person or persons whose interests are affected by the decision written notice of the making of the decision;
that notice is to include a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of the decision.

Validity of decision
 (4) A failure to comply with subsection (3) does not affect the validity of a decision.

Definition
 (5) In this section:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
this Act does not include the regulations.

Regulations may provide for review of decisions by Administrative Review Tribunal
 (6) This section does not, by implication, prevent the regulations from providing that applications may be made to the Administrative Review Tribunal for review of decisions made in the exercise of powers conferred by the regulations.