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Corporations Bill 2001

Part 9.4A Review by Administrative Appeals Tribunal of certain decisions

   

1317A   Definitions

                   In this Part:

decision has the same meaning as in the Administrative Appeals Tribunal Act 1975 .

1317B   Applications for review

             (1)  Subject to this Part, applications may be made to the Tribunal for review of a decision made under this Act by:

                     (a)  the Minister; or

                     (b)  ASIC; or

                     (c)  the Companies Auditors and Liquidators Disciplinary Board.

             (2)  For the purposes of this Act and the Administrative Appeals Tribunal Act 1975 , ASIC is taken to be a person whose interests are affected by a decision made under this Act by the Companies Auditors and Liquidators Disciplinary Board.

1317C   Excluded decisions

                   Section 1317B does not apply in relation to:

                     (a)  a decision in respect of which any provision in the nature of an appeal or review is expressly provided by this Act; or

                     (b)  a decision that is declared by this Act to be conclusive or final or is embodied in a document declared by this Act to be conclusive evidence of an act, matter or thing; or

                     (d)  a decision made by ASIC in the performance of a function, or in the exercise of a power, under section 601CC or 601CL or Chapter 5A; or

                     (e)  a decision by ASIC to refuse to exercise a power under section 601CC or 601CL or Chapter 5A; or

                      (f)  a decision to apply under section 596A or 596B for the Court to summon a person for examination about a corporation’s examinable affairs; or

                     (g)  a decision to apply under section 597A for the Court to require a person to file an affidavit about a corporation’s examinable affairs; or

                    (ga)  a decision of ASIC under section 655A; or

                   (gb)  a decision of ASIC under section 673 in relation to securities of the target of a takeover bid during the bid period; or

                    (gc)  a decision by ASIC whether to make an application under section 657C, 657G, 659B, 1325A, 1325B or 1325C; or

                     (h)  a decision to make a determination under subsection 1317D(3).

1317D   Notice of reviewable decision and review rights

             (1)  This section applies if the Minister, ASIC or the Companies Auditors and Liquidators Disciplinary Board (the decision maker ) makes a decision to which section 1317B applies.

             (2)  Subject to subsection (3), the decision maker must take such steps as are reasonable in the circumstances to give to each person whose interests are affected by the decision notice, in writing or otherwise:

                     (a)  of the making of the decision; and

                     (b)  of the person’s right to have the decision reviewed by the Tribunal.

             (3)  Subsection (2) does not require the decision maker to give notice to a person affected by the decision or to the persons in a class of persons affected by the decision, if the decision maker determines that giving notice to the person or persons is not warranted, having regard to:

                     (a)  the cost of giving notice to the person or persons; and

                     (b)  the way in which the interests of the person or persons are affected by the decision.

             (4)  A failure to comply with this section does not affect the validity of the decision.

             (5)  The fact that a person has not been given notice of the decision because of a determination under subsection (3) constitutes special circumstances for the purposes of subsection 29(6) of the Administrative Appeals Tribunal Act 1975 .