Commonwealth Numbered Regulations - Explanatory Statements

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ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) REGULATIONS (AMENDMENT) 1991 NO. 160

EXPLANATORY STATEMENT

Statutory Rules 1991 No. 160

Administrative Decisions (Judicial Review) Act 1977

Administrative Decisions (Judicial Review) Regulations (Amendment)

Section 20 of the Administrative Decisions (Judicial Review Act 1977 (the AD(JR) Act) empowers the Governor-General to make regulations prescribing all matters that are necessary or convenient to be prescribed by regulations for carrying out or giving effect to the AD(JR) Act.

Section 13 of the AD(JR) Act provides that a person entitled to apply for review of a decision may obtain a statement of reasons for that decision. Sub-section 13(8) provides that the regulations may declare a class or classes of decisions to be decisions that are not decisions to which section 13 applies.

Regulation 2A of the Administrative Decisions (Judicial Review) Regulations (the AD(JR) Regulations) provides that decisions of the Superannuation Fund Investment Trust in relation to its commercial activities is a class of decisions to which section 13 of the AD(JR) Act does not apply.

The Superannuation Fund Investment Trust will be reconstituted as a Government Business Enterprise under the name of Commonwealth Funds Management Limited from 1 July 1991.

The amendment to regulation 2A of the AD(JR) Regulations is required to take account of the change of name.

Notes on the proposed Regulations are attached.

Attorney-General

ATTACHMENT

Notes on the Administrative Decisions (Judicial Review) Regulations (Amendment)

Regulation 1 - Commencement

The Regulations are to commence on 1 July 1991.

Regulation 2 - Amendment

The Regulations amend the Administrative Decisions (Judicial Review) Regulations

Regulation 3 - Regulation 2A (Decisions to which section 13 of the Act does not apply)

Omits "Superannuation Fund Investment Trust" and substitutes "Commonwealth Funds Management Limited".


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