Commonwealth Numbered Regulations - Explanatory Statements

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ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT) 1992 NO. 235

STATUTORY RULES 1992 No. 235

ISSUED BY THE AUTHORITY OF THE ATTORNEY-GENERAL

ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975

ADMINISTRATIVE APPEALS TRIBUNAL REGULATIONS (AMENDMENT)

Subsection 70(1) of the Administrative Appeals Tribunal Act 1975 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 67 of the Act provides that a person summoned to appear before the Administrative Appeals Tribunal is entitled to be paid fees and allowances, fixed by or in accordance with the regulations, in respect of his or her attendance.

Regulation 16 of the Administrative Appeals Tribunal Regulations provides that a person summoned to appear as a witness before the Tribunal shall be paid such fees and allowances for expenses in respect of his or her attendance as a witness as is determined by the Tribunal in accordance with Schedule 2.

The proposed Regulations amend Schedule 2 of the Regulations to increase the lower and upper limits of fees which may be determined for witnesses. The limits have been increased to provide the same level of fees allowed in the Federal Court of Australia under the Federal Court Rules.

Details of the Regulations are as follows -

Regulation 1 is formal.

Regulation 2 amends paragraphs 1(b) and 2(b) of Schedule 2 of the Regulations by increasing the minimum and maximum amounts of fees which may be paid to a witness.

Amended paragraph 1(b) provides that an expert witness other than a person which is remunerated by wages, salary or fees, be paid an amount of not less than $95 or more than $475 for each day of attendance (as is determined by the Tribunal or Presidential Member).

Amended paragraph 2(b) provides that other witnesses, who are not remunerated by wages, salary or fees, be paid an amount to be determined by the Tribunal or Presidential Member, which is not less than $54 or more than $89 for each day of attendance.