Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021 (13 of 2021)

Schedule 3   Repeal of the Federal Circuit Court of Australia Act 1999

Part 2   Saving and transitional provisions

12   Right of appeal to the Administrative Appeals Tribunal

(1) Despite the repeal of the Federal Circuit Court of Australia Act 1999, applications may be made to the Administrative Appeals Tribunal for review of:

(a) a refusal, before the commencement day, of the Minister to certify that a Judge is a retired disabled Judge under subclause 9A(2) of Schedule 1 to that Act; or

(b) a refusal, before the commencement day, by the Minister under paragraph 9D(9)(b) of Schedule 1 to that Act to give a direction;

if, on the commencement day, the time for making an application for review of the refusal has not ended.

(2) Despite the repeal of the Federal Circuit Court of Australia Act 1999, applications may be made to the Administrative Appeals Tribunal for review of any of the following decisions:

(a) a decision made, before the commencement day, by the Minister under subclause 9D(6) of Schedule 1 to that Act;

(b) a decision made, before the commencement day, by the Minister under subclause 9D(7) of Schedule 1 to that Act to give a direction;

(c) a decision made, before the commencement day, by the Minister under paragraph 9E(4)(c), subparagraph 9E(5)(b)(ii) or subclause 9E(8) of Schedule 1 to that Act;

(d) a decision made, before the commencement day, by the Minister under subparagraph 9F(1)(b)(ii) or (iii) of Schedule 1 to that Act;

if, on the commencement day, the time for making an application for review of the decision has not ended.