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Access to Justice (Federal Jurisdiction) Amendment Bill 2011

Schedule 5 Administrative Appeals Tribunal fees

   

Administrative Appeals Tribunal Act 1975

1  Section 29A

Repeal the section.

2  After section 69B

Insert:

69C   Dismissal of application for non-payment of application fee

                   The Tribunal may dismiss an application to the Tribunal if:

                     (a)  regulations under section 70 prescribe a fee to be payable in respect of the application; and

                     (b)  the fee has not been paid by the time worked out under regulations under section 70.

3  At the end of section 70

Add:

             (3)  Without limiting the generality of subsection (1), the regulations may make provision:

                     (a)  prescribing fees to be payable in respect of proceedings before the Tribunal; and

                     (b)  for, or in relation to, the waiver (in whole or in part) of such fees.

4  Application and saving provisions

(1)       Despite the amendment made by item 1, section 29A of the Administrative Appeals Tribunal Act 1975 , as in force immediately before the commencement of that item, continues to apply on and after that commencement in relation to applications lodged before that commencement.

(2)       The amendment made by item 2 applies in relation to applications lodged on or after the commencement of that item.

(3)       The amendment made by item 3 applies in relation to proceedings before the Tribunal:

                     (a)  that commence after the commencement of that item; or

                     (b)  that commenced, but were not completed, before the commencement of that item.