Commonwealth Numbered Acts

BOUNTY (SHIPS) AMENDMENT ACT 1985 No. 76 of 1985 - SECT 21

21. Section 20 of the Principal Act is repealed and the following sections are
substituted: Applications for review

"20. (1) Applications may be made to the Administrative Appeals Tribunal for
review of-

   (a)  a decision of the Comptroller-General by virtue of paragraph 9 (3) (a)
        approving payment of bounty;

   (b)  a decision of the Comptroller-General by virtue of paragraph 9 (3) (b)
        refusing to approve payment of bounty;

   (c)  a decision of the Comptroller-General by virtue of paragraph 9A (4)
        (a) approving a payment;

   (d)  a decision of the Comptroller-General by virtue of paragraph 9A (4)
        (b) refusing to approve a payment;

   (e)  a decision of the Comptroller-General under sub-section 9B (4);

   (f)  a decision of the Comptroller-General by virtue of paragraph 9D (3)
        (a) approving a payment;

   (g)  a decision of the Comptroller-General by virtue of paragraph 9D (3)
        (b);

   (h)  a decision of the Comptroller-General by virtue of paragraph 9D (3)
        (c) refusing to adjust payments of bounty;

   (j)  a decision of the Comptroller-General under section 9E;

   (k)  a decision of the Minister under section 10 refusing to register
        premises (other than such a decision made under sub-section 10 (11));

   (m)  a decision of the Minister under section 10 transferring, or refusing
        to transfer, the registration of premises;

   (n)  a decision of the Minister under sub-section 10 (15) cancelling the
        registration of premises;

   (p)  a decision of the Minister under section 10A refusing to register a
        person (other than such a decision made under sub-section 10A (11));

   (q)  a decision of the Minister under sub-section 10A (12) cancelling the
        registration of a person; or

   (r)  a requirement by the Minister under section 12.



"(2) Without limiting the generality of section 43 of the Administrative 
Appeals Tribunal Act 1975 , where the Administrative Appeals Tribunal is
reviewing a decision of a kind referred to in paragraph (1) (a), (b), (c),
(d), (e), (f), (g), (h) or (j) of this section in respect of the construction
or modification of a bountiable vessel, the Tribunal, if it considers it
appropriate to do so, may-

   (a)  if a determination has been made by virtue of paragraph 3 (2) (b) in
        respect of the construction or modification of the vessel, either-

        (i)    set aside the determination; or

        (ii)   set aside the determination and make a further determination by
               virtue of that paragraph in respect of the construction or
               modification of the vessel;

   (b)  if a determination has not been made by virtue of paragraph 3 (2) (b)
        in respect of the construction or modification of the vessel, make
        such a determination;

   (c)  if a determination has been made under sub-section 4A (1) in respect
        of the construction or modification of the vessel, either-

        (i)    set aside the determination; or

        (ii)   set aside the determination and make a further determination
               under that sub-section in respect of the construction or
               modification of the vessel;

   (d)  if a determination has not been made under sub-section 4A (1) in
        respect of the construction or modification of the vessel, make such a
        determination;

   (e)  if a determination has been made by virtue of paragraph 6 (2) (c) in
        respect of the construction or modification of the vessel, either-

        (i)    set aside the determination; or

        (ii)   set aside the determination and make a further determination by
               virtue of that paragraph in respect of the construction or
               modification of the vessel;

   (f)  if a determination has not been made by virtue of paragraph 6 (2) (c)
        in respect of the construction or modification of the vessel, make
        such a determination;

   (g)  if a determination has been made by virtue of sub-section 6A (2) in
        respect of the construction or modification of the vessel, either-

        (i)    set aside the determination; or

        (ii)   set aside the determination and make a further determination
               under that sub-section in respect of the construction or
               modification of the vessel; or

   (h)  if a determination has not been made under sub-section 6A (2) in
        respect of the construction or modification of the vessel, make such a
        determination.



"(3) In sub-section (1), 'decision' has the same meaning as in the
Administrative Appeals Tribunal Act 1975. Statement to accompany notice of
decisions

"20A.(1) Where the Minister or the Comptroller-General makes a decision or
requirement of a kind referred to in sub-section 20 (1) and gives to the
person or persons whose interests are affected by the decision or requirement
notice in writing of the making of the decision or requirement, that notice
shall include a statement to the effect that, subject to the Administrative 
Appeals Tribunal Act 1975 , application may be made to the Administrative
Appeals Tribunal for review of the decision or requirement to which the notice
relates by or on behalf of the person or persons whose interests are affected
by the decision or requirement.

"(2) Any failure to comply with the requirements of sub-section (1) in
relation to a decision or requirement does not affect the validity of the
decision or requirement.".