Commonwealth Numbered Acts

PASSPORTS AMENDMENT ACT 1984 No. 168, 1984 - SECT 15

15. After section 11 of the Principal Act the following sections are inserted:
Review of certain decisions

"11A. (1) In this section-
'decision' has the same meaning as it has in the Administrative Appeals 
Tribunal Act 1975 ;
'Ministerial decision' means a decision by the Minister, being-

   (a)  a decision under sub-section 7 (1) to issue a passport;

   (b)  a decision under sub-section 7 (1) refusing to issue a passport;

   (c)  a direction under sub-section 7 (3);

   (d)  a direction under sub-section 7A (1);

   (e)  a direction under sub-section 7A (2);

   (f)  a direction under sub-section 7A (5);

   (g)  a direction under section 7B;

   (h)  a direction under sub-section 7C (2);

   (j)  a decision for the purposes of paragraph 7E (1) (a);

   (k)  a decision for the purposes of paragraph 7E (1) (b);

   (m)  a decision under sub-section 8 (1) to cancel a passport;

   (n)  a decision under sub-section 8 (1A) to cancel a passport;

   (p)  a decision for the purposes of paragraph 8 (1B) (a);

   (q)  a decision for the purposes of paragraph 8 (1B) (b);

   (r)  a decision under sub-section 8 (2) to cancel the renewal or
        endorsement of a passport;

   (s)  a direction under sub-section 9 (4);

   (t)  a decision under sub-section (2) of this section; or

   (u)  a decision under sub-section (4) of this section;
'reviewable decision' means-

   (a)  a decision by an approved representative, being-

        (i)    a direction under sub-section 7C (2);

        (ii)   a decision under sub-section 8 (1) to cancel a passport;

        (iii)  a decision under sub-section 8 (1A) to cancel a passport;

        (iv)   a decision under sub-section 8 (2) to cancel the renewal or
               endorsement of a passport; or

        (v)    a direction under sub-section 9 (4);

   (b)  a decision by the approved senior officer, being-

        (i)    a decision for the purposes of sub-section 7A (4);

        (ii)   a direction under section 7B;

        (iii)  a decision under sub-section 8 (1) to cancel a passport;

        (iv)   a decision under sub-section 8 (1A) to cancel a passport;

        (v)    a decision under sub-section 8 (2) to cancel the renewal or
               endorsement of a passport; or

        (vi)   a direction under sub-section 9 (4);

   (c)  a direction by the approved officer under section 7B;

   (d)  a decision by an authorized officer, being-

        (i)    a decision under sub-section 7 (1) to issue a passport;

        (ii)   a decision under sub-section 7 (1) refusing to issue a
               passport;

        (iii)  a decision for the purposes of section 7A;

        (iv)   a decision for the purposes of section 7B;

        (v)    a decision for the purposes of section 7C;

        (vi)   a decision for the purposes of section 7D;

        (vii)  a decision under sub-section 8 (1D) to cancel a passport; or

        (viii) a decision for the purposes of sub-section 9 (1); or

   (e)  a decision by an officer, being-

        (i)    a decision for the purposes of sub-section 8 (1C); or

        (ii)   a decision for the purposes of sub-section 9 (1A).



"(2) Where a reviewable decision is made, a person affected by the decision
who is dissatisfied with the decision may, within the period of 28 days after
the day on which the decision first comes to the notice of the person, or
within such further period as the Minister (either before or after the
expiration of that period) allows, make a written application to the Minister
for the review of the decision by the Minister.

"(3) There shall be set out in the application under sub-section (2) the
reasons for making the application.

"(4) Upon the receipt of an application under sub-section (2) for the review
of a reviewable decision, the Minister shall review that decision and shall
make a decision-

   (a)  affirming the decision under review;

   (b)  varying the decision under review; or

   (c)  setting aside the decision under review and making a decision in
        substitution for the decision so set aside.



"(5) Application may be made to the Administrative Appeals Tribunal for review
of a Ministerial decision.

"(6) Where the Minister makes a Ministerial decision for the purposes of
paragraph 7E (1) (b) or 8 (1B) (b) in the making of which the determining
factors were matters relating to relations between Australia and a foreign
country or relations between Australia and foreign countries, the Minister may
issue a certificate signed by him that that decision involved questions of
international relations.

"(7) Notwithstanding section 43 of the Administrative Appeals Tribunal Act 
1975 , the Administrative Appeals Tribunal shall not make a decision in
relation to a Ministerial decision for the purposes of paragraph 7E (1) (b) or
8 (1B) (b) in respect of which the Minister has issued a certificate under
sub-section (6) other than a decision-

   (a)  affirming the decision under review; or

   (b)  remitting the decision under review to the Minister for his
        reconsideration in accordance with recommendations of the Tribunal.



"(8) If an application is made for the review (whether by the Minister or the
Administrative Appeals Tribunal) of a decision for the purposes of sub-section
9 (1), the document to which the decision relates shall continue to be a
prescribed document for the purposes of sub-section 9 (2) unless and until
that decision is set aside.

"(9) Where the Minister makes a decision under sub-section (4), the Minister
shall give written notice of that decision to-

   (a)  the person, or each person, to whom written notice of the reviewable
        decision to which the decision of the Minister or his delegate relates
        was given; and

   (b)  the person who made the application for the review of that reviewable
        decision.

Notice of decision

"11B. (1) Where the Minister makes a Ministerial decision within the meaning
of section 11A and gives to the person or persons whose interests are affected
by the decision notice in writing of the making of the decision, 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 to which the notice relates by or
on behalf of the person or persons whose interests are affected by the
decision.

"(2) Where a reviewable decision within the meaning of section 11A is made and
notice of the making of the decision is given to the person or persons whose
interests are affected by the decision, that notice shall include a statement
to the effect that-

   (a)  a person affected by the decision may, if he is dissatisfied with the
        decision, seek review of the decision by the Minister in accordance
        with sub-section 11A (2); and

   (b)  upon that review may, if he is dissatisfied with that decision, make
        application to the Administrative Appeals Tribunal for review of that
        decision.



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

"11C. (1) The Minister may, either generally or otherwise as provided in the
instrument of delegation, by writing signed by him, delegate to an officer of
the Department his powers under section 11A.

"(2) A power so delegated, when exercised by the delegate, shall, for the
purposes of this Act, be deemed to have been exercised by the Minister.

"(3) A delegation under this section does not prevent the exercise of a power
by the Minister.".