Commonwealth Numbered Regulations - Explanatory Statements

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ADMINISTRATIVE APPEALS TRIBUNAL AMENDMENT REGULATIONS 2000 (NO. 1) 2000 NO. 17

STATUTORY RULES 2000 No. 17

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

Administrative Appeals Tribunal Act 1975

ADMINISTRATIVE APPEALS TRIBUNAL AMENDMENT REGULATIONS 2000 (NO. 1)

Section 70 of the Administrative Appeals Tribunal Act 1975 provides for the Governor-General to make regulations prescribing matters, amongst others, necessary or convenient to be prescribed for carrying out or giving effect to the Act, including prescribing fees. Pursuant to this power, the Administrative Appeals Tribunal Regulations ("the Principal Regulations") were made, prescribing certain matters concerning the practice and procedure of the Administrative Appeals Tribunal.

The purpose of the proposed Regulations is to amend the Principal Regulations, to make consequential amendments to provide fee exemptions for youth allowance and austudy recipients.

Schedule 1 - Clause 2

Subparagraphs 19A(6)(b)(i) and (ii) of the Principal Regulations have been amended to replace the reference to the Department of Social Security, with a reference to the Department of Family and Community Services.

Schedule 1 - Clause 3

Under the Principal Regulations, fees are imposed under regulation 19 for lodging certain applications. These fees are not payable on the various grounds listed under sub-regulation 19A(6).

Paragraph 19(6)(b)(v) currently provides for exemptions from the payment of various fees where the person liable to pay the fee is "in receipt of AUSTUDY within the meaning of the AUSTUDY Regulations."

An amendment to the Principal Regulations is required to change the current wording of subparagraph 19(6)(b)(v) from "AUSTUDY within the meaning of the AUSTUDY Regulations" to "youth allowance, or austudy payment, within the meaning of the Social Security Act 1991".

The Social Security Legislation Amendment (Youth Allowance) Act 1998 and the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 have introduced a new social security payment: "youth allowance." Youth allowance is available to people below 25 years of age if undertaking full time study, and below 21 otherwise. A new payment ("austudy", as opposed to "AUSTUDY") has been established for students aged 25 or over.

The amendment is necessary to ensure consistency between the Social Security Legislation Amendment (Youth Allowance) Act 1998 and the Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 and the Principal Regulations.

Schedule 1 - Clause 4

Fees are imposed under regulation 19AA in relation to Part IIIAA taxation decisions. These fees are not payable on the various grounds listed under sub-regulation 19AA(6).

Clause 4 of Schedule 1 substitutes new paragraph 19AA(6)(b). This paragraph has been redrafted so that it will be consistent with paragraph 19(6)(b) as amended by clause 3 of Schedule 1.

The Regulations commenced on gazettal.