EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 154

 

 

Issued by the authority of the Attorney-General

 

Administrative Appeals Tribunal Act 1975

 

Administrative Appeals Tribunal Amendment Regulations 2005 (No. 1)

 

 

Subsection 70(1) of the Administrative Appeals Tribunal Act 1975 (the Act) provides that the Governor-General may make regulations not inconsistent with the Act prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Subsection 49(1) of the Act provides that the Administrative Review Council shall consist of the President of the Administrative Appeals Tribunal, the Commonwealth Ombudsman, the President of the Australian Law Reform Commission and not fewer than 3 or more than 10 other members appointed by the Governor-General.  Subparagraph 49(1)(d)(ii) provides that a higher number than 10 appointed members can be prescribed by the regulations.

 

The Regulations amend the Administrative Appeals Tribunal Regulations 1976 to increase the maximum number of appointed members to the Council from 10 to 11.  The amendment will facilitate the appointment of an additional member to the Council and enhance the Council’s representation.

 

Details of the Regulations are set out in the Attachment.

 

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

 

The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulations commence on 8 July 2005. 

 

Consultation was unnecessary for this legislative instrument as this instrument is of a minor or machinery nature only. 

ATTACHMENT

 

Details of the Administrative Appeals Tribunal Amendment Regulations 2005

(No. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Administrative Appeals Tribunal Amendment Regulations 2005 (No. 1).

 

Regulation 2 – Commencement

 

This regulation provides that the Regulations commence on 8 July 2005.

 

Regulation 3 – Amendment of the Administrative Appeals Tribunal Regulations 1976

 

This regulation provides that the Administrative Appeals Tribunal Regulations 1976 (the Principal Regulations) are amended as set out in Schedule 1 to the Regulations.

 

Schedule 1 - Amendment

 

Item [1] – regulation 22 Prescribed number of members

 

Subparagraph 49(1)(d)(i) of the Administrative Appeals Tribunal Act 1975 (the Act) provides that the Administrative Review Council shall consist of no more than 10 other members as appointed by the Governor-General.  Subparagraph 49(1)(d)(ii) provides that the regulations can prescribe a higher number than 10.  This item inserts a new regulation 22 into the Principal Regulations to increase the maximum number of appointed members from 10 to 11 for the purposes of subparagraph 49 (1)(d)(ii) of the Act.