Administrative Appeals Tribunal Amendment Act 2005 (38 of 2005)

Schedule 1   Amendments

Administrative Appeals Tribunal Act 1975

174   At the end of section 44AA

Add:

Federal Magistrates Court may make findings of fact

(11) If an appeal under subsection 44(1) is transferred to the Federal Magistrates Court under subsection (1) of this section, subsections 44(7), (8) and (9) apply in relation to the making of findings of fact by the Federal Magistrates Court in a corresponding way to the way in which they apply to the making of findings of fact by the Federal Court of Australia.

(12) The jurisdiction of the Federal Magistrates Court under subsection (8) of this section includes jurisdiction to make findings of fact under subsection 44(7) (as applied by subsection (11) of this section).

Note 1: The following heading to subsection 44AA(1) is inserted "Transfer of appeals".

Note 2: The following heading to subsection 44AA(4) is inserted "Federal Court Rules".

Note 3: The following heading to subsection 44AA(7) is inserted "Matters to which the Federal Court must have regard in transferring appeal".

Note 4: The following heading to subsection 44AA(8) is inserted "Jurisdiction".

Note 5: The following heading to subsection 44AA(9) is inserted "Powers etc.".

Note 6: The following heading to subsection 44AA(10) is inserted "No appeal from decision of Federal Court".

Note 7: The following heading to subsection 44A(1) is inserted "Appeal does not affect operation of Tribunal's decision".

Note 8: The following heading to subsection 44A(2) is inserted "Stay orders".