Australian Charities and Not-for-profits Commission Act 2012 (Cwth)

CHAPTER 7 - MISCELLANEOUS  

PART 7-2 - REVIEW AND APPEALS  

Division 165 - AAT review of objection decisions and extension of time refusal decisions  

SECTION 165-25   MODIFICATION OF SECTION 37 OF THE AAT ACT  

165-25(1)    
Section 37 of the AAT Act (Lodging of material documents with Tribunal) applies in relation to an application for review of an objection decision as if:

(a)    the requirement in subsection (1) of that section to lodge with the Tribunal a copy of:

(i) a statement giving the reasons for the objection decision; and

(ii) the notice of the administrative decision concerned; and

(iii) the objection concerned; and

(iv) the notice of the objection decision; and

(v) every other document that is in the Commissioner ' s possession or under the Commissioner ' s control and is considered by the Commissioner to be necessary to the review of the objection decision concerned; and

(vi) a list of the documents (if any) being lodged under subparagraph (v); and

(b)    the power of the Tribunal under subsection (2) of that section to cause a notice to be served containing a statement and imposing a requirement on a person were instead:

(i) a power to make such a statement and impose such a requirement orally at a conference held in accordance with subsection 34A(1) of the AAT Act; and

(ii) a power, by such a notice, to make such a statement and impose a requirement that the person lodge with the Tribunal, within the time specified in the notice, the specified number of copies of each of those other documents that is in the person ' s possession or under the person ' s control; and

(iii) a power, by such a notice, to make such a statement and impose a requirement that the person lodge with the Tribunal, within the time specified in the notice, the specified number of copies of a list of the documents in the person ' s possession or under the person ' s control considered by the person to be relevant to the review of the objection decision concerned.

165-25(2)    
Paragraph (1)(b) does not affect any powers that the Administrative Appeals Tribunal has apart from that paragraph.

165-25(3)    
The imposition of a requirement covered by subparagraph (1)(b)(iii) does not prevent the subsequent imposition of a requirement covered by subparagraph (1)(b)(ii) .