Document ID: chunk:federal_register_of_legislation:C2004A04760:body:0:p18
Version: federal_register_of_legislation:C2004A04760
Segment Type: other
Provision Reference: 
Character Range: 43381–46141

13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a decision referred to in subsection (8).

"(11) A notice under subsection (8) is not required to contain any matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document.".

Remission of application fees

51. Section 30A of the Principal Act is amended by adding at the end the following subsections:

  "(3) If:

     (a) a person makes a written request for an application fee to be remitted, in whole or in part; and

    (b) the agency or Minister makes a decision to refuse the request, in whole or in part;

the agency or Minister, as the case requires, must give the applicant written notice of the reasons for the decision.

   Note: Section 25D of the Acts Interpretation Act 1901 sets out rules about the contents of a statement of reasons.

"(4) A notice under subsection (3) must also state the name and designation of the person making the decision and give the applicant appropriate information about:

  (a) his or her rights with respect to review of the decision; and

    (b) his or her rights to make a complaint to the Ombudsman in relation to the decision; and

  (c) the procedure for the exercise of those rights;

including (where applicable) particulars of the manner in which an application for review under section 54 may be made.

"(5) Section 13 of the Administrative Decisions (Judicial Review) Act 1977 does not apply to a decision referred to in subsection (3).

"(6) A notice under subsection (3) is not required to contain any matter that is of such a nature that its inclusion in a document of an agency would cause that document to be an exempt document.".

Application

52. The amendments made by this Division apply to decisions made after the commencement of this section.

Division 3—Amendments relating to protection from civil and criminal proceedings

Object of Division

53. The object of this Division is to provide protection from civil and criminal proceedings where documents have been shown to third parties under section 26A, 27 or 27A of the Principal Act.

Protection against certain actions

  54. Section 91 of the Principal Act is amended:

  (a) by inserting after subsection (1B) the following subsection:

    "(1C) If a document has been shown to a person, organisation or proprietor for any of the following purposes:

      (a) consultation with a State under subsection 26A(1);

        (b) enabling the person, organisation or proprietor to make a submission under subsection 27(1);

        (c) enabling the person or the person's legal personal representative to make a submission under subsection 27A(1);

    then:

        (d) no action for