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Administrative Appeals Tribunal Amendment Regulation 2012 (No. 1)

(7 of 2012)

Dated 22 February 2012

Administrative Appeals Tribunal Act 1975

1   Name of regulation

This regulation is theAdministrative Appeals Tribunal Amendment Regulation 2012 (No. 1).

2   Commencement

This regulation commences on 1 March 2012.

3   Amendment of Administrative Appeals Tribunal Regulations 1976

Schedule 1 amends theAdministrative Appeals Tribunal Regulations 1976.

Schedule 1   Amendments

[1]   Subregulation 3 (1)

substitute

(1)In these Regulations, unless the contrary intention appears:

Act means theAdministrative Appeals Tribunal Act 1975.

authorised officer means:

(a)for item 11 of the table in Part 2 of Schedule 4 - a person appointed to be an authorised officer in accordance with section 61 of the Building Act 2002 of the Territory of Norfolk Island; and

(b)for item 21 of the table in Part 2 of Schedule 4 - a person appointed to be an authorised officer in accordance with section 141 of the Environment Act 1990of the Territory of Norfolk Island; and

(c)for item 35 of the table in Part 2 of Schedule 4 - a person appointed to be an authorised officer in accordance with section 94 of the Planning Act 2002of the Territory of Norfolk Island; and

(d)elsewhere in these Regulations - a Registrar or Deputy Registrar appointed in accordance with section 12 of theSupreme Court Act 1960of the Territory of Norfolk Island.

[2]   Paragraph 3 (2) (a)

omit

under these Regulations; and

insert

under these Regulations, except the power under regulation 20B; and

[3]   Regulation 20, heading

substitute

20 Review by Tribunal - certain fee payment decisions

[4]   Subregulation 20 (1)

omit

a District Registrar or a Deputy Registrar:

insert

a District Registrar, a Deputy Registrar or a person who is an authorised officer of a kind mentioned in paragraph (d) of the definition of authorised officer :

[5]   Subregulation 20 (2)

omit

a District Registrar or a Deputy Registrar

insert

a District Registrar, a Deputy Registrar or a person who is an authorised officer of a kind mentioned in paragraph (d) of the definition of authorised officer

[6]   After regulation 20

insert

20A Review by Tribunal - Norfolk Island enactment decisions

(1)For subsection 25 (2) of the Act, a person may apply to the Tribunal for review of a decision:

(a)made in the exercise of powers conferred by a Norfolk Island enactment; and

(b)mentioned in column 2 of the table in Part 2 of Schedule 4.

(2)For paragraph 25 (3) (a) of the Act, a decision maker mentioned in column 3 of the table in Part 2 of Schedule 4 is specified.

20B Registrar may authorise certain authorised officers to perform some powers or functions

If a person is an authorised officer of a kind mentioned in paragraph (d) of the definition of authorised officer , the Registrar may authorise the person to exercise a power or function (except the power under this regulation) in relation to an application that is:

(a)lodged at the Registry of the Tribunal caused to be established on Norfolk Island under subsection 64 (1) of the Act; or

(b)listed to be heard by the Tribunal.

[7]   Regulation 21

omit

paragraph 24A (4) (b)

insert

subsection 24A (4)

[8]   After Schedule 3

insert

Schedule 4 Norfolk Island enactment decisions and specified persons

(regulation 20A)

Part 1 Interpretation

1 Interpretation - Schedule 4

(1)In this Schedule, an Act (other than the Norfolk Island Act 1979) that is mentioned in either of the following refers to an Act of the Territory of Norfolk Island:

(a)subclause (2);

(b)column 2 or 3 of the table in Part 2.

(2)In this Schedule:

Administrator has the meaning given by the Norfolk Island Act 1979.

authorised officer has the meaning given by subregulation 3 (1).

Authority has the meaning given by the Bookmakers and Betting Exchange Act 1998.

Board has the meaning given by the Liquor Act 2005.

Chief Revenue Officer has the meaning given by the Goods and Services Tax Act 2007.

Conservator has the meaning given by the Public Reserves Act 1997.

Collector has the meaning given by the Customs Act 1913.

executive member has the meaning given by the Interpretation Act 1979.

inspector has the meaning given by the Apiaries Act 1935.

Officer has the meaning given by the definition of 'the officer' in subsection 3 (1) of the Business Transactions (Administration) Act 2006.

Registrar of Titles has the meaning given by the Interpretation Act 1979.

Part 2 Enactment decisions and decision makers - Acts of the Territory of Norfolk Island

Item

Decision

Decision maker

1

A decision under subsection 10 (2) of the Absentee Landowners Levy Act 1976

executive member

2

A decision under section 8 of the Animals (Importation) Act 1983

Administrator

3

A decision under any of the following provisions of the Apiaries Act 1935:

(a)paragraph 3A (1) (c);

(b)subsection 4 (2);

(c)subsection 12 (6)

executive member

4

A decision under paragraph 3A (2) (a) of the Apiaries Act 1935

inspector

5

A decision under section 11 or 29 of the Associations Incorporation Act 2005

Registrar of Associations appointed in accordance with section 4 of the Associations Incorporation Act 2005

6

A decision under section 37 or 50 of the Associations Incorporation Act 2005

executive member

7

A decision under section 3, 4 or 5 of the Birds Protection Act 1913

executive member

8

A decision under any of the following provisions of the Bookmakers and Betting Exchange Act 1998:

(a)section 8;

(b)subsection 11 (1) or (2);

(c)subsection 12 (1) or (2);

(d)subsection 13 (1) or (2);

(e)subsection 44 (1) or (2)

Authority

9

A decision under section 6, 7 or 8 of the Brands and Marks Act 1949

Registrar of Brands and Marks appointed in accordance with section 4 of the Brands and Marks Act 1949

10

A decision mentioned in subsection 43 (1) or paragraph 43 (2) (a) of the Building Act 2002

Chief Executive Officer appointed in accordance with section 38 of the Public Sector Management Act 2000

11

A decision mentioned in paragraph 43 (2) (b) of the Building Act 2002

authorised officer

12

A decision under section 7 or 19 of the Business Names Act 1976

Registrar of Companies appointed in accordance with section 30 of the Companies Act 1985

13

A decision under the Business Transactions (Administration) Act 2006

Officer

14

A decision under subsection 9 (2) of the Business Transactions (Levy Imposition) Act 2006

Officer

15

A decision under subsection 58 (1) of the Companies Act 1985

Registrar of Companies appointed in accordance with section 30 of the Companies Act 1985

16

Any of the following decisions under the Crown Lands Act 1996:

(a)a decision under subsection 14 (1);

(b)a decision related to a request made under subsection 26 (1);

(c)a decision under section 28

Administrator

17

A decision under any of the following provisions of the Customs Act 1913:

(a)subsection 2A (1);

(b)section 4AA, 4ABA, 4AC, 4AAC, 4ACB or 4AD;

(c)section 5CA;

(d)section 8A, 8B, 8D or 8F

Collector

18

A decision under section 13 or 14 of the Electricity (Licensing and Registration) Act 1985

executive member

19

A decision to reject a claim made under section 91 of the Environment Act 1990

executive member

20

A decision under paragraph 128 (1) (a), (b), (c) or (d) of the Environment Act 1990

executive member

21

A decision under paragraph 128 (1), (e), (f) or (g) of the Environment Act 1990.

authorised officer

22

A decision under section 8 or subsection 14 (2) of the Financial Institutions Levy Act 1985

executive member

23

A decision under section 6 or 7 of the Fuel Levy Act 1987

executive member

24

A decision under section 7 or 11 of the Goods and Services Tax Act 2007

Chief Revenue Officer

25

A decision under subsection 4 (2) of the Healthcare Levy Act 1990

executive member

26

A decision under subsection 4 (2) or (5) of the Land Administration Fees Act 1996

Registrar of Titles

27

A decision under the following provisions of the Land Titles Act 1996:

(a)paragraph 138 (1) (a), (b) or (c);

(b)paragraph 146 (2) (f)

Registrar of Titles

28

A decision under the Liquor Act 2005 in relation to any of the following:

(a)an application for the disqualification of a licensee or licensed premises;

(b)an application for the appointment of a nominee of a licensee;

(c)an application for any of the following actions to be taken in relation to a licence or permit:

(i)grant;

(ii)variation;

(iii)relocation;

(iv)transfer;

(v)renewal;

(vi)surrender;

(vii)suspension;

(viii)cancellation

the Board

29

A decision under section 7, 11 or 18 of the Lotteries and Fundraising Act 1987

executive member

30

A decision under section 7 of the Medical Practitioners Registration Act 1983

executive member

31

A decision under any of the following provisions of the Migratory Birds Act 1980:

(a)subsection 4 (3), 7 (2), 9 (3) or 15 (1);

(b)paragraph 15 (2) (a)

executive member

32

A decision under the Norfolk Island Broadcasting Act 2001 other than a decision made under subsection 10 (6) of that Act

executive member

33

A decision under section 2A or 3A of the Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984

Administrator

34

A decision mentioned in paragraph 78 (1) (a) or (b) of the Planning Act 2002

executive member

35

A decision mentioned in paragraph 78 (1) (c) of the Planning Act 2002

authorised officer

36

The following decisions under the Public Health Act 1996:

(a)a decision under Part 2 to issue, or include requirements in, a public health notice;

(b)a decision under Part 4 to take any of the following actions in relation to a public health licence:

(i)refuse to grant;

(ii)refuse to issue;

(iii)cancel;

(iv)include conditions

executive member

37

A decision under section 6, 7, 15A or 17 of the Tourist Accommodation Act 1984

executive member

38

A decision under section 4 of the Tourist Accommodation (Ownership) Act 1989

executive member

39

A decision under paragraph 31 (a), (b), (c) or (d) of the Public Reserves Act 1997

Conservator

40

A refusal to give a certificate under section 15 of the Roads Act 2002

Chief Executive Officer appointed in accordance with section 38 of the Public Sector Management Act 2000

41

A decision under section 33 of the Social Services Act 1980

Administrator

42

A refusal to give a written notice under section 11 of the Subdivision Act 2002

Chief Executive Officer appointed in accordance with section 38 of the Public Sector Management Act 2000

43

A refusal to give an authorisation under subsection 13 (1) of the Telecommunications Act 1992

executive member

44

Any of the following decisions under the Trees Act 1997:

(a)a decision under section 9 to:

(i)refuse to grant a permit; or

(ii)endorse conditions on a permit;

(b)a decision under section 12 to refuse to register a plantation;

(c)a decision under section 17 to refuse to grant a timber licence;

(d)a decision under section 18 to endorse conditions on a timber licence

executive member