EXPLANATORY STATEMENT

 

Select Legislative Instrument 2010 No. 151

Administrative Appeals Tribunal Act 1975

Administrative Appeals Tribunal Amendment Regulations 2010 (No. 1)

 

Section 70 of the Administrative Appeals Tribunal Act 1975 (the Act) provides, in part, that the Governor‑General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed or necessary or convenient to be prescribed for giving effect to the Act, including prescribing fees to be payable in respect of applications to the Administrative Appeals Tribunal (the Tribunal).

 

The Administrative Appeals Tribunal Regulations 1976 (the Principal Regulations) prescribe certain fees in relation to Tribunal proceedings and make provisions in relation to the payment of those fees.

 

The purpose of the Regulations is to increase the fees listed in subregulation 19(1), paragraph 19AA(2)(a) and paragraph 19AA(2)(b) of the Principal Regulations.  These changes are part of a suite of measures the government is implementing as part of its access to justice framework in the 2010-11 Budget.  The framework is based on principles of accessibility, appropriateness, equity, efficiency and effectiveness.  The access to justice measures in the 2010-11 Budget are focussed on directing people away from high‑cost litigation to early intervention services, which help people resolve disputes before they escalate to larger problems.

 

The new fee amounts in the Regulations also incorporate biennial increases in fees. These biennial increases occur on each biennial anniversary of 1 July 1996, as required by regulation 19A of the Principal Regulations. The biennial increases are calculated in accordance with the formula specified in regulation 19B of the Principal Regulations. The next increase is to take place on 1 July 2010.

 

The fee amounts listed in the Principal Regulations are not up to date, due to the effect of past biennial increases that have not been recorded in the Principal Regulations. The fee amounts listed in the Commonwealth Government Notices Gazette, No. GN 21, 28 May 2008 are the actual fees in force until 1 July 2010. The fee increases have therefore been applied to the gazetted fees, rather than the fees in the Principal Regulations.

 

Details of the amendments are set out in the Attachment.

 

The Act does not specify any conditions that need to be met before the power to make the proposed Regulations may be exercised.

 

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

The proposed Regulations will commence on 1 July 2010.

 

The Tribunal has been consulted in relation to these amendments.

ATTACHMENT

 

Details of the Administrative Appeals Tribunal Amendment Regulations 2010 (No. 1)

 

Regulation 1 – Name of Regulations

 

This regulation provides that the title of the Regulations is the Administrative Appeals Tribunal Amendment Regulations 2010 (No. 1).

 

Regulation 2 – Commencement

 

This regulation provides for the Regulations to commence on 1 July 2010.

 

Regulation 3 – Amendment of Administrative Appeals Tribunal Regulations 1976

 

This regulation provides for the amendment of the Administrative Appeals Tribunal Regulations 1976 (the Principal Regulations) as set out in Schedule 1.

 

Schedule 1 – Amendments

 

Item [1] – Subregulation 19(1)

 

This item increases the prescribed application fee in subregulation 19(1) from $500 to $777. This is the standard fee for applications for review in the Tribunal.

 

Item [2] – Paragraph 19AA(2)(a)

 

This item increases the prescribed application fee in paragraph 19AA(2)(a) from $50 to $77. This fee is the lower application fee which applies to applications in the Small Taxation Claims Tribunal under section 24AC of the Act. This fee is set at 10 per cent of the standard application fee.

 

Item [3] – Paragraph 19AA(2)(b)

 

This item increases the prescribed application fee in paragraph 19AA(2)(b) from $500 to $777. This is the standard fee which applies to applications made in the taxation division of the Tribunal under section 24AB of the Act.