Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p75
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 188726–191721

Tribunal constituted by a member may sit and exercise the powers of the Tribunal even though the Tribunal constituted by another member is at the same time sitting and exercising those powers.

"Division 8—Referral of decisions to Administrative Appeals Tribunal

Interpretation

  "166H. In this Division:

'AAT Act' means the Administrative Appeals Tribunal Act 1975.

Referral of decisions to Administrative Appeals Tribunal

"166HA.(1) The Principal Member of the Refugee Review Tribunal may, if the Principal Member considers that a RRT-reviewable decision involves an important principle, or issue, of general application, refer the decision to the President of the Administrative Appeals Tribunal.

  "(2) A referral under subsection (1) may be made at any time:

    (a)     after the receipt by the Refugee Review Tribunal of an application for a review of the decision; and

  (b)     before that Tribunal makes a decision on the application.

  "(3) The following material must be sent with the referral:

    (a)     a request for a review by the Administrative Appeals Tribunal of that decision;

    (b)     a statement of the Principal Member's reasons for concluding that the decision involves an important principle, or issue, of general application;

    (c)     any documents or other records that the Principal Member considers relevant.

"(4) The Principal Member must give written notice of the making of a referral under subsection (1) to the applicant and the Secretary.

"(5) The Refugee Review Tribunal must not commence any action in relation to the proceeding before it with respect to the decision, or, if it has commenced such action, must cease that action until notified by the President of the Administrative Appeals Tribunal in accordance with section 166HB.

"(6) If the President of the Administrative Appeals Tribunal directs that the Administrative Appeals, Tribunal will accept the referral, the review by the Refugee Review Tribunal is taken to be closed.

Administrative Appeals Tribunal may accept or decline referral

"166HB.(1) The President of the Administrative Appeals Tribunal must consider a request under section 166HA and either:

    (a)     direct that the Administrative Appeals Tribunal will accept the referral of the decision; or

    (b)     direct that the Administrative Appeals Tribunal will decline the referral of the decision.

"(2) The President must notify the Principal Member of the direction made under subsection (1).

"(3) If the President accepts the referral of an application for review of an RRT-reviewable decision:

    (a)     the application to the Refugee Review Tribunal is taken to have been properly made to the Administrative Appeals Tribunal by the applicant to the Refugee Review Tribunal; and

    (b)     the AAT Act applies to the review of the RRT-reviewable decision subject to the modifications in this Division.

Modification of definition of 'member' in section 3 of the AAT Act

"166HC. Section 3 of