Commonwealth Numbered Regulations - Explanatory Statements

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ADMINISTRATIVE APPEALS TRIBUNAL AMENDMENT (NORFOLK ISLAND LAND VALUATION DECISIONS) REGULATION 2014 (SLI NO 1 OF 2014)

EXPLANATORY STATEMENT

Select Legislative Instrument No. 1, 2014

Issued by the authority of the Attorney-General

Administrative Appeals Tribunal Act 1975

Administrative Appeals Tribunal Amendment
(Norfolk Island Land Valuation Decisions) Regulation 2014

The Administrative Appeals Tribunal Act 1975 (the AAT Act) establishes and governs the operations of the Administrative Appeals Tribunal (AAT).  The AAT is the principal Commonwealth tribunal, and has jurisdiction to provide merits review of decisions under a range of Commonwealth legislation. 

Section 70 of the AAT Act provides that the Governor-General may make regulations, not inconsistent with the AAT Act, prescribing all matters required or permitted by the AAT Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the AAT Act.

Subsection 25(2) of the AAT Act provides that the Administrative Appeals Tribunal Regulations 1976 (the Principal Regulations) may provide that applications may be made to the AAT for review of decisions made in the exercise of powers under a Norfolk Island enactment.

Section 20A of the Principal Regulations provides that a person may apply to the AAT for review of a decision made in the exercise of powers conferred by a Norfolk Island enactment listed in the table in Part 2 of Schedule 4 to the Principal Regulations.

The Norfolk Island Legislative Assembly passed the Land Valuation Bill 2012 (Norfolk Island) (the Land Valuation Bill) on 19 December 2012. 

The Land Valuation Bill establishes processes for making valuations of land on Norfolk Island.  The ability to make valuations of land will:

*         establish a basis for raising revenue for the purposes of the Administration of Norfolk Island

*         assist with the process of tax reform

*         provide statistics to assist with economic analysis, and

*         establish an ongoing record of land values on Norfolk Island.

The Land Valuation Bill provides for processes through which decisions made by the valuer-general could be objected to and reviewed by the AAT. 

The Administrative Appeals Tribunal Amendment (Norfolk Island Land Valuation Decisions) Regulation 2014 (the Regulation) prescribes decisions under the Land Valuation Bill as decisions which can be reviewed by the AAT.  It does this by inserting a reference into the table in Part 2 of Schedule 4 to the Principal Regulations referring to decisions made under section 79 of the Land Valuation Bill.

Separately to the Land Valuation Bill, the Norfolk Island Legislative Assembly passed the Interpretation (Amendment) Act 2012 (Norfolk Island).  This Act amended references to 'executive member' in Norfolk Island enactments to 'Minister'.  The amendments in this instrument update references to 'executive member' in Schedule 4 to the Principal Regulations to 'Minister', to achieve consistency with Norfolk Island enactments.

The AAT and the Department of Infrastructure and Regional Development were consulted on the proposed amendments.

The Regulation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

The Regulation commences the day after it is registered.

This explanatory statement contains a Statement of Compatibility with Human Rights prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Details of the Regulation are as follows:

Item 1 repeals the definition of 'executive member' in subclause 1(2) of Part 1 of Schedule 4 to the Principal Regulations.  Item 4 of the Regulation replaces all references to 'executive member' in Schedule 4 to 'Minister', so the definition of 'executive member' is no longer necessary.

Item 2 inserts a definition of 'Minister' in subclause 1(2) of Part 1 of Schedule 4 to the Principal Regulations.  The definition provides that references to 'Minister' in Schedule 4 have the meaning given by section 4 of the Norfolk Island Act.  This ensures that there is clarity about references to 'Minister' in Schedule 4.

Item 3 inserts a definition of 'valuer-general' in subclause 1(2) of Part 1 of Schedule 4 to the Principal Regulations.  The definition provides clarity that the 'valuer-general' mentioned in item 45 of the table in Part 2 of Schedule 4 means the valuer-general established by the Land Valuation Bill.

Items 4 and 6 change references to 'executive member' in Schedule 4 to 'Minister'.  These changes are consequential to the passage of the Interpretation (Amendment) Act 2012 (Norfolk Island), which amended references to 'executive member' in Norfolk Island enactments to 'Minister'.  To achieve consistency with Norfolk Island enactments, the Regulation updates these references.

Item 5 inserts a new row in the table in Part 2 of Schedule 4 to the Principal Regulations referring to decisions made under subsection 79(1) of the Land Valuation Bill.  This ensures that the AAT has jurisdiction to hear appeals from people seeking review of valuation decisions made by the valuer-general.  Section 86 of the Land Valuation Bill provides that these decisions may be appealed to the AAT.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

This Regulation is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act.

The Regulation provides that the AAT has jurisdiction to review valuation decisions made under the Land Valuation Bill.  This jurisdiction increases the transparency and accountability of the scheme implemented by the Land Valuation Bill.

The Regulation also makes some minor amendments to terminology in Schedule 4 to the Principal Regulations which are consequential to similar changes to Norfolk Island enactments.

For these reasons, the Regulation does not engage any of the rights or freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act. 

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