Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (38 of 2024)

Schedule 16   Transitional provisions

Part 5   Proceedings in progress

24   AAT proceedings

(1) This item applies if a proceeding in the AAT is not finalised (however described) before the transition time.

(2) The proceeding must be continued and finalised by the ART in a manner that the ART considers is efficient and fair.

(3) For the purposes of subitem (2), the ART must have regard to the impact of the following on the parties to the proceeding:

(a) the repeal of the old Act;

(b) the enactment of the new Act;

(c) the effect (including the operation) of this Act.

(4) The ART must, as far as possible, continue the proceeding under the new law.

(5) To avoid doubt, subitem (4) has effect subject to subitem (2).

Effect of things done before the transition time

(6) Anything done in, or in relation to, the proceeding before the transition time continues to have effect for the purposes of, or in relation to, the proceeding (as the case requires) after the transition time.

(7) Anything done in, or in relation to, the proceeding before the transition time that was valid under, or done in accordance with, the old law is taken to be valid under, or to have been done in accordance with, the new law for the purposes of the proceeding after the transition time.

(8) Anything done in, or in relation to, the proceeding before the transition time by the AAT is taken, after that time, to have been done by the ART.