Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p72
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 72/154)
Character Range: 387678–390248

served on the Commissioner.
Note: A Registrar will fix a place for hearing and a return date and endorse those details on the notice of appeal. The return date will be:
(a) if the appeal relates to a private ruling—not later than 21 days after the application was filed or a later date agreed by the parties; or
(b) in any other case—at least 5 weeks after the application was filed.

33.06  Documents to be filed and served by Commissioner
  The Commissioner must, within 14 days after being served with a sealed copy of the notice of appeal relating to a DPO appeal:
 (a) file:
 (i) any document on which the Commissioner relied in making the departure prohibition order; and
 (ii) any other document in the Commissioner's possession or under the Commissioner's control that is relevant to the appeal; and
 (b) serve on the applicant a list of documents filed under paragraph (a).
Rules 33.07–33.10 left blank

Division 33.2—Administrative Appeals Tribunal

33.11  Definitions for Division 33.2
  In this Division:
Registrar of the Tribunal includes:
 (a) a person:
 (i) who has been appointed as an officer of the Tribunal under section 24PA of the AAT Act; and
 (ii) to whom powers or functions have been delegated under section 10A(3) of the AAT Act; and
 (b) a person who is authorised, under section 59B of the AAT Act, to be an authorised officer for the purposes of any provision of that Act or any other enactment.
Tribunal means the Administrative Appeals Tribunal.

33.12  Starting an appeal—filing and service of notice of appeal
 (1) A person who wants to appeal to the Court under the AAT Act must file a notice of appeal, in accordance with Form 75.
Note: The notice of appeal must be filed within the time mentioned in section 44(2A) of the AAT Act, being not later than the 28th day after the day that a document setting out the terms of the decision is given to the person.
 (2) The notice of appeal must state:
 (a) the part of the decision the applicant appeals from or contends should be varied; and
 (b) the precise question or questions of law to be raised on the appeal; and
 (c) any findings of fact that the Court is asked to make; and
 (d) the relief sought instead of the decision appealed from, or the variation of the decision that is sought; and
 (e) briefly but specifically, the grounds relied on in support of the relief or variation sought.
Note: The Court can only make findings of fact in limited circumstances—see section 44(7) of the AAT Act.
 (3) The applicant must file the notice of appeal in the District Registry in the State