Explanatory Memorandum
(Circulated by the authority of the Attorney-General, the Honourable Daryl Williams AM QC MP)Schedule 3 - Amendment of Administrative Appeals Tribunal Act 1975
The amendments made by these items give the Federal Magistrates Court the same powers as the Federal Court with respect to appeals from the Administrative Appeals Tribunal (AAT) under this Act.
This item inserts section 44AA, the effect of which is that any appeals from decisions of the AAT must be filed in the Federal Court, but that such appeals can then be transferred by the Federal Court to the Federal Magistrates Court. Appeals relating to decisions of the AAT constituted by one or more presidential member and decisions made under portfolio legislation of the Minister for Immigration and Ethnic Affairs cannot be transferred to the Federal Magistrates Court.
The amendments made by these items will impose similar obligations with respect to the custody of AAT documents on the Federal Magistrates Court as exist for the Federal Court.
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