Document ID: chunk:federal_register_of_legislation:C2005C00504:clause:3_27:p1
Version: federal_register_of_legislation:C2005C00504
Segment Type: clause
Provision Reference: sch 3 cl 27 (pt 1/2)
Character Range: 15577–18307

27  Effect of amendments in relation to reviewable State and Territory decisions

Definitions

(1) In this item:
amended Act means the Administrative Decisions (Judicial Review) Act 1977 as in force after the commencement.
commencement means the commencement of the amendments of the Administrative Decisions (Judicial Review) Act 1977 made by this Schedule.
reviewable State decision means a decision:
 (a) to which the amended Act applies because of the application of paragraph (b) of the definition of decision to which this Act applies in subsection 3(1) of that Act; and
 (b) that was made under a law of a State.
reviewable Territory decision means a decision:
 (a) to which the amended Act applies because of the application of paragraph (b) of the definition of decision to which this Act applies in subsection 3(1) of that Act; and
 (b) that was made under a law of the Australian Capital Territory or the Northern Territory.

Reviewable State decisions made before the commencement—situations in which period for seeking review under amended Act is extended

(2) In each of the following situations, the amended Act applies in relation to a person and a reviewable State decision as if the prescribed period for the purposes of paragraph 11(1)(c) of that Act began on the commencement and ended on the later of the 28th day after the commencement and the day on which that prescribed period would, apart from this subitem, have ended:
 (a) the first situation—the decision was made 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 the Administrative Decisions (Judicial Review) Act 1977 as purportedly applied as a law of a State, made an order allowing the person further time to make an application for an order of review of the 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 application by the person for an order of review of the decision were before the Federal Court of Australia under the Administrative Decisions (Judicial Review) Act 1977 as purportedly applied as a law of a State.

Note: The power under paragraph 11(1)(c) of the amended Act to extend the time for applying for judicial review of a decision is available even if the decision is a reviewable State decision and the 28 day time limit that would otherwise apply expired before the commencement.

Reviewable Territory decisions—ACT and NT laws no longer operate to apply the AD(JR) Act

(3) A law of the Australian Capital Territory or the Northern Territory that provides for the application of the