Commonwealth: Administrative Appeals Tribunal Amendment Act 2005 (Cth)

Administrative Appeals Tribunal Amendment Act 2005 No. 38, 2005 An Act to amend the Administrative Appeals Tribunal Act 1975, and for other purposes Contents 1 Short title 2 Commencement 3 Schedule(s) Schedule 1—Amendments Administrative Appeals Tribunal Act 1975 Archives Act 1983 Commonwealth Electoral Act 1918 Environment Protection and Biodiversity Conservation Act 1999 Federal Proceedings (Costs) Act 1981 Freedom of Information Act 1982 Insurance Acquisitions and Takeovers Act 1991 Insurance Act 1973 Judges' Pensions Act 1968 Lands Acquisition Act 1989 Life Insurance Act 1995 Migration Act 1958 Military Rehabilitation and Compensation Act 2004 Narcotic Drugs Act 1967 Privacy Act 1988 Safety, Rehabilitation and Compensation Act 1988 Seafarers Rehabilitation and Compensation Act 1992 Superannuation Act 1976 Trans‑Tasman Mutual Recognition Act 1997 Administrative Appeals Tribunal Amendment Act 2005 No. 38, 2005 An Act to amend the Administrative Appeals Tribunal Act 1975, and for other purposes [Assented to 1 April 2005] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Administrative Appeals Tribunal Amendment Act 2005. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 1 April 2005 2. Schedule 1, items 1 to 110 A single day to be fixed by Proclamation. 16 May 2005 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2005L01029) 3. Schedule 1, item 111 The day on which this Act receives the Royal Assent. 1 April 2005 4. Schedule 1, items 112 to 180 At the same time as the provision(s) covered by table item 2. 16 May 2005 5. Schedule 1, item 181 The day on which this Act receives the Royal Assent. 1 April 2005 6. Schedule 1, items 182 to 236 At the same time as the provision(s) covered by table item 2. 16 May 2005 Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms. Schedule 1—Amendments Administrative Appeals Tribunal Act 1975 1 After section 2 Insert: 2A Tribunal's objective In carrying out its functions, the Tribunal must pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick. 2 Subsection 3(1) (definition of ACT enactment) Repeal the definition. 3 Subsection 3(1) Insert: alternative dispute resolution processes means procedures and services for the resolution of disputes, and includes: (a) conferencing; and (b) mediation; and (c) neutral evaluation; and (d) case appraisal; and (e) conciliation; and (f) procedures or services specified in the regulations; but does not include: (g) arbitration; or (h) court procedures or services. Paragraphs (b) to (f) of this definition do not limit paragraph (a) of this definition. 4 Subsection 3(1) Insert: authorised member means a member who has been authorised by the President under section 59A for the purposes of the provision in which the expression occurs. 5 Subsection 3(1) (definition of enactment) Omit ", subject to section 3A". 6 Subsection 3(1) (paragraph (b) of the definition of enactment) After "the Northern Territory", insert "or the Australian Capital Territory". 7 Subsection 3(1) (definition of State) Omit "except in section 16 or 64,". 8 Subsection 3(1) (at the end of the definition of State) Add "and the Australian Capital Territory". 9 Subsection 3(3) Omit "A reference", substitute "Unless the contrary intention appears, a reference". 10 Subsections 3(4) and (5) Repeal the subsections. 11 Transitional—subsections 3(4) and (5) of the Administrative Appeals Tribunal Act 1975 Despite the repeal of subsections 3(4) and (5) of the Administrative Appeals Tribunal Act 1975 by this Schedule, those subsections continue to apply after the commencement of this item, in relation to a document, statement, notice or other notification posted before the commencement of this item, as if: (a) that repeal had not happened; and (b) each reference in those subsections to furnished included a reference to given; and (c) each reference in those subsections to furnishing included a reference to giving; and (d) each reference in those subsections to service on included a reference to giving to; and (e) each reference in those subsections to served included a reference to given. 12 Sections 3A and 3B Repeal the sections. 13 Before section 5 Insert: Division 1—Establishment of Tribunal 14 Before section 6 Insert: Division 2—Members of Tribunal 15 Subsections 7(1) and (1A) Repeal the subsections, substitute: President (1) A person must not be appointed as the President unless he or she is a Judge of the Federal Court of Australia. Deputy President (1AA) A person must not be appointed as a Deputy President unless he or she is enrolled as a legal practitioner (however described) of: (a) the High Court; or (b) the Supreme Court of a State or Territory; and has been so enrolled for at least 5 years. 16 Subsection 7(1B) Omit "shall", substitute "must". Note: The following heading to subsection 7(1B) is inserted "Senior member". 17 Paragraph 7(1B)(a) Repeal the paragraph, substitute: (a) is enrolled as a legal practitioner (however described) of: (i) the High Court; or (ii) the Supreme Court of a State or Territory; and has been so enrolled for at least 5 years; or 18 Subsection 7(2) Omit "shall", substitute "must". Note: The following heading to subsection 7(2) is inserted "Non‑presidential member". 19 Paragraph 7(2)(a) Repeal the paragraph, substitute: (a) is enrolled as a legal practitioner (however described) of: (i) the High Court; or (ii) the Supreme Court of a State or Territory; or 20 Paragraph 7(2)(b) Omit "government;", substitute "government; or". 21 Subsections 8(1) and (2) Repeal the subsections. 22 Transitional—section 8 of the Administrative Appeals Tribunal Act 1975 (1) This item applies to a member if the member was covered by subsection 8(1) or (2) of the Administrative Appeals Tribunal Act 1975 immediately before the commencement of this item. (2) Despite the repeal of subsections 8(1) and (2) of the Administrative Appeals Tribunal Act 1975 by this Schedule, those subsections continue to apply after the commencement of this item, in relation to the member's appointment, as if those repeals had not happened. 23 After subsection 8(3) Insert: (4) A presidential member who is a Judge ceases to hold office as a member if he or she ceases to be a Judge. 24 Subsection 8(5) Repeal the subsection. 25 Section 8A Repeal the section. 27 Subsection 10(2) Repeal the subsection, substitute: Acting Deputy President (2) If a Deputy President is, or is expected to be: (a) in the case of a full‑time Deputy President—absent from duty or from Australia; or (b) in the case of a part‑time Deputy President—unavailable to perform the duties of his or her office; the Governor‑General may appoint a person qualified to be appointed as a Deputy President: (c) in a case to which paragraph (a) applies—to act as a full‑time Deputy President during the absence; or (d) in a case to which paragraph (b) applies—to act as a part‑time Deputy President during the period of unavailability. Note 1A: The following heading to subsection 10(1) is inserted "Acting President". Note 1: The following heading to subsection 10(3) is inserted "Acting non‑presidential member". Note 2: The following heading to subsection 10(5) is inserted "Extension of acting appointment". 28 Transitional—subsection 10(2) of the Administrative Appeals Tribunal Act 1975 (1) This item applies to an appointment if: (a) the appointment was made under subsection 10(2) of the Administrative Appeals Tribunal Act 1975; and (b) the appointment was in force immediately before the commencement of this item. (2) The appointment has effect, after the commencement of this item, as if it had been made under subsection 10(2) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule. 29 Subsection 10(9) Repeal the subsection, substitute: Resignation (9) A person who is acting as: (a) President; or (b) a Deputy President; or (c) a non‑presidential member; may resign his or her acting appointment by giving the Governor‑General a written resignation. The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day. Note 1: The following heading to subsection 10(7) is inserted "Terms and conditions". Note 2: The following heading to subsection 10(10) is inserted "Exercise of powers". Note 3: The following heading to subsection 10(11) is inserted "Validity of decisions etc.". 30 Subsection 13(8) Repeal the subsection. Note 1: The following heading to subsection 13(1) is inserted "Removal on grounds of proved misbehaviour or incapacity". Note 2: The following heading to subsection 13(2) is inserted "Suspension on grounds of misbehaviour or incapacity". Note 3: The following heading to subsection 13(7) is inserted "Removal on ground of bankruptcy". Note 4: The following heading to subsection 13(9) is inserted "Retirement on ground of incapacity". Note 5: The following heading to subsection 13(10) is inserted "No removal or suspension except under this section". Note 6: The following heading to subsection 13(11) is inserted "Judge". Note 7: The following heading to subsection 13(12) is inserted "CSS". Note 8: The following heading to subsection 13(13) is inserted "PSS". 31 Transitional—subsection 13(8) of the Administrative Appeals Tribunal Act 1975 Despite the repeal of subsection 13(8) of the Administrative Appeals Tribunal Act 1975 by this Schedule, that subsection continues to apply after the commencement of this item, in relation to a person to whom the Judges' Pensions Act 1968 applies, as if that repeal had not happened. 32 Section 15 Repeal the section, substitute: 15 Resignation (1) A member may resign his or her appointment by giving the Governor‑General a written resignation. (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day. 33 Section 16 Repeal the section. 34 Transitional—section 16 of the Administrative Appeals Tribunal Act 1975 (1) This item applies if a person was appointed as a presidential member (within the meaning of section 16 of the Administrative Appeals Tribunal Act 1975) before the commencement of this item. (2) Despite the repeal of section 16 of the Administrative Appeals Tribunal Act 1975 by this Schedule, that section continues to apply after the commencement of this item, in relation to the person, as if that repeal had not happened. 35 Before section 19 Insert: Division 1—Divisions of the Tribunal 36 Subsection 19(3) Repeal the subsection, substitute: Assignment of non‑presidential member to Division or Divisions (3) The Minister must assign a non‑presidential member to a particular Division or Divisions of the Tribunal and may, with the consent of the member but not otherwise, vary the assignment. (3AA) Before the Minister exercises a power conferred by subsection (3), the Minister must consult the President. Note 1: The heading to section 19 is replaced by the heading "Divisions of the Tribunal". Note 2: The following heading to subsection 19(2) is inserted "Divisions of the Tribunal". Note 3: The following heading to subsection 19(3A) is inserted "Taxation Appeals Division". Note 4: The following heading to subsection 19(3B) is inserted "Security Appeals Division". Note 5: The following heading to subsection 19(4) is inserted "Exercise of powers". Note 6: The following heading to subsection 19(5) is inserted "Validity". Note 7: The following heading to subsection 19(6) is inserted "Certain powers to be exercised in Security Appeals Division". 37 Transitional—subsection 19(3) of the Administrative Appeals Tribunal Act 1975 (1) This item applies if the assignment of a non‑presidential member to a particular Division or Divisions of the Tribunal was in force immediately before the commencement of this item. (2) The Administrative Appeals Tribunal Act 1975 has effect, after the commencement of this item, as if the Minister had, immediately after that commencement, assigned the member to that Division or those Divisions under subsection 19(3) of that Act. (3) To avoid doubt, the Minister is not bound by the member's instrument of appointment in exercising a power conferred by subsection 19(3) of the Administrative Appeals Tribunal Act 1975. 38 Before section 20 Insert: Division 2—Arrangement of business of the Tribunal 39 Subsection 20(1) Omit "orderly and expeditious", substitute "expeditious and efficient". 40 Subsections 20(1A), (2) and (3) Repeal the subsections, substitute: President may give directions (2) The President may give directions as to: (a) the operations of the Tribunal generally; and (b) the operations of the Tribunal at a particular place; and (c) the procedure of the Tribunal generally; and (d) the procedure of the Tribunal at a particular place; and (e) the conduct of reviews by the Tribunal. (3) Subsection (2) does not limit subsection (1). (4) The President may give directions as to: (a) the arrangement of the business of the Tribunal; and (b) the places at which the Tribunal may sit. (5) Subsection (4) does not limit subsection (1). (6) The President may at any time vary or revoke a direction under this section. 41 Transitional—subsection 20(2) of the Administrative Appeals Tribunal Act 1975 (1) This item applies to a direction if: (a) the direction was given for the purposes of paragraph 20(1A)(d) or (e) of the Administrative Appeals Tribunal Act 1975; and (b) the direction was in force immediately before the commencement of this item. (2) The direction has effect, after the commencement of this item, as if it had been given under subsection 20(2) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule. 42 Transitional—subsection 20(4) of the Administrative Appeals Tribunal Act 1975 (1) This item applies to a direction if: (a) the direction was given for the purposes of paragraph 20(1A)(a) or (c) of the Administrative Appeals Tribunal Act 1975; and (b) the direction was in force immediately before the commencement of this item. (2) The direction has effect, after the commencement of this item, as if it had been given under subsection 20(4) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule. 43 After section 20 Insert: 20A Places of sitting Sittings of the Tribunal are to be held from time to time as required at the places at which the Registries of the Tribunal are established, but the Tribunal may sit at any place in Australia or in an external Territory. 44 Before section 21 Insert: Division 3—Constitution and reconstitution of the Tribunal 20B President may give directions as to constitution of Tribunal (1) The President may give directions as to the persons who are to constitute the Tribunal for the purposes of a particular proceeding. Note: See also section 23B. (2) If the President gives a direction as to the persons who are to constitute the Tribunal for the purposes of a particular proceeding, he or she may at any time after the giving of the direction and before the commencement of the hearing of the proceeding: (a) revoke the direction; and (b) give a further direction under subsection (1) as to the persons who are to constitute the Tribunal for the purposes of the proceeding. 45 Transitional—section 20B of the Administrative Appeals Tribunal Act 1975 (1) This item applies to a direction if: (a) the direction was given for the purposes of paragraph 20(1A)(b) or subsection 20(2) of the Administrative Appeals Tribunal Act 1975; and (b) the direction was in force immediately before the commencement of this item. (2) The direction has effect, after the commencement of this item, as if it had been given under subsection 20B(1) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule. 46 Subsection 21(1) Omit ", (1AB)". Note 1: The following heading to subsection 21(1AAA) is inserted "Scope". Note 2: The following heading to subsection 21(1) is inserted "Constitution of Tribunal". 47 Subsection 21(1AB) Repeal the subsection. 48 Subsection 21(1A) Omit "34A(4)", substitute "34D(1)". 49 Subsection 21(1A) Omit "42A", substitute "subsection 41(2) or (3), section 42A". 50 Paragraph 21(1A)(a) Repeal the paragraph, substitute: (a) where the hearing of the relevant proceeding has not commenced—by a presidential member or an authorised member; or 51 Transitional—paragraph 21(1A)(a) of the Administrative Appeals Tribunal Act 1975 The amendment made by item 50 does not apply to a proceeding if, immediately before the commencement of this item, the Tribunal was constituted for the purposes of the proceeding by one or more members. 52 Subsection 21(2) Omit "shall" (first occurring), substitute "should". 53 Subsection 21(2) Omit "shall" (second occurring), substitute "may, if the President directs under section 20B,". 54 Transitional—subsection 21(2) of the Administrative Appeals Tribunal Act 1975 (1) This item applies to a proceeding before the Tribunal if, immediately before the commencement of this item, the Tribunal was constituted by a particular member, for the purposes of the proceeding, in accordance with subsection 21(2) of the Administrative Appeals Tribunal Act 1975. (2) The Administrative Appeals Tribunal Act 1975 has effect, after the commencement of this item, as if the Tribunal had been constituted by that member, for the purposes of the proceeding, in accordance with a direction given under section 20B of that Act. (3) Subitem (2) does not prevent the reconstitution of the Tribunal. 55 Subsections 21(3) and (4) Repeal the subsections. Note 1: The following heading to subsection 21AA(1) is inserted "Scope". Note 2: The following heading to subsection 21AA(2) is inserted "Constitution of Security Appeals Division". Note 3: The following heading to subsection 21AA(3) is inserted "When presidential member must not participate". Note 4: The following heading to subsection 21AA(4) is inserted "Presidential member to preside". Note 5: The following heading to subsection 21AA(5) is inserted "Qualifications". Note 6: The following heading to subsection 21AA(6) is inserted "What happens if member ceases to be available". 56 Transitional—subsections 21(3) and (4) of the Administrative Appeals Tribunal Act 1975 The amendment made by item 55 does not apply to a proceeding if, immediately before the commencement of this item, the Tribunal was constituted for the purposes of the proceeding by one or more members. 57 Subsection 21A(2) Omit "furnish him or her with", substitute "give him or her". Note 1: The heading to section 21A is altered by omitting "in certain cases" and substituting "at the request of a party". Note 2: The following heading to subsection 21A(1AA) is inserted "Scope". Note 3: The following heading to subsection 21A(1) is inserted "Party may request reconstitution of Tribunal". 58 Subsection 21A(3) Omit "varying the constitution of the Tribunal for the purposes of the proceeding.", substitute: that the Tribunal as constituted for the purposes of the proceeding be reconstituted by: (a) adding one or more members; or (b) removing one or more members; or (c) substituting one or more other members; (or any combination of these). 59 Transitional—subsection 21A(3) of the Administrative Appeals Tribunal Act 1975 The amendment of subsection 21A(3) of the Administrative Appeals Tribunal Act 1975 made by this Schedule does not affect the continuity of a direction that was given under that subsection before the commencement of this item. 60 At the end of subsection 21A(4) Add: Note: Section 23D provides that the reconstituted Tribunal may have regard to any record of the proceeding before the Tribunal as previously constituted. 61 Subsection 21A(6) Repeal the subsection. 62 Subsection 22(2) Omit "20(2) or section 21A varying the constitution of", substitute "20B(2), section 21A, subsection 23(3) or (4) or section 23A reconstituting". Note 1: The following heading to subsection 22(1AA) is inserted "Scope". Note 2: The following heading to subsection 22(1) is inserted "Multiple member Tribunal—who is to preside". Note 3: The following heading to subsection 22(2) is inserted "Reconstituted Tribunal—who is to preside". 63 Subsection 22(2) Omit "or in a case to which paragraph 23(1)(a) applies". 64 Subsection 22(2) Omit "or as constituted by the remaining member or members, as the case may be". 65 Transitional—subsection 22(2) of the Administrative Appeals Tribunal Act 1975 The amendments of subsection 22(2) of the Administrative Appeals Tribunal Act 1975 made by this Schedule do not affect the continuity of a direction that was given under that subsection before the commencement of this item. 66 Sections 23, 23A and 23B Repeal the sections, substitute: 23 Reconstitution of Tribunal if member is unavailable Scope (1) This section does not apply in relation to a proceeding in the Security Appeals Division. (2) This section applies if: (a) the hearing of a proceeding has commenced or is completed; and (b) a member (the unavailable member) who constitutes, or is one of the members who constitute, the Tribunal for the purposes of the proceeding: (i) stops being a member; or (ii) for any reason, is not available for the purposes of the proceeding; or (iii) is directed by the President not to continue to take part in the proceeding. Single member Tribunal (3) If the unavailable member constitutes the Tribunal, the President must direct another member or members to constitute the Tribunal for the purposes of completing the proceeding. Multiple member Tribunal (4) If the unavailable member is one of the members who constitute the Tribunal, the President must: (a) direct the remaining member or members to constitute the Tribunal for the purposes of completing the proceeding; or (b) direct a member or members to constitute the Tribunal for the purposes of completing the proceeding. Note: See also section 23B. (5) A member who is the subject of a direction under paragraph (4)(b) may be the remaining member or one of the remaining members. Member who stops being a member and becomes a member again (6) For the purposes of this section, a member who: (a) stops being a member; and (b) at a later time becomes a member again; is taken, from that later time, to be another member. Reconstituted Tribunal must continue proceeding (7) The Tribunal as reconstituted in accordance with a direction under subsection (3) or (4) must continue the proceeding. Note: Section 23D provides that the reconstituted Tribunal may have regard to any record of the proceeding before the Tribunal as previously constituted. Limitations on President's powers to give directions (8) The President must not give a direction under this section about the constitution of the Tribunal if the Tribunal has made a decision under subsection 43(1). (9) The President must not give a direction under subparagraph (2)(b)(iii) unless: (a) the President is satisfied that the direction is in the interests of justice; and (b) the President has consulted the member concerned. (10) The President must not give a direction under subsection (3) or (4) unless the President has consulted the parties to the proceeding. (11) The President must not give a direction under paragraph (4)(b) that results in the remaining member, or any of the remaining members, not constituting the Tribunal for the purposes of completing the proceeding unless: (a) the President is satisfied that the direction is in the interests of justice; and (b) the President has consulted the remaining member concerned. (12) In determining whether a direction covered by subsection (9) or (11) is in the interests of justice, the President must have regard to the objective of proceedings that are conducted in a manner that is fair, just, economical, informal and quick. 23A Reconstitution of Tribunal to achieve expeditious and efficient conduct of proceeding Scope (1) This section does not apply in relation to a proceeding in the Security Appeals Division. Reconstitution of Tribunal to achieve expeditious and efficient conduct of proceeding (2) If the hearing of a proceeding has commenced or is completed, the President may direct that the Tribunal as constituted for the purposes of a particular proceeding be reconstituted by: (a) adding one or more members; or (b) removing one or more members; or (c) substituting one or more other members; (or any combination of these) if the President thinks that the reconstitution is in the interests of achieving the expeditious and efficient conduct of the proceeding. Note: See also section 23B. Reconstituted Tribunal must continue proceeding (3) The Tribunal as constituted in accordance with a direction under subsection (2) must continue the proceeding. Note: Section 23D provides that the reconstituted Tribunal may have regard to any record of the proceeding before the Tribunal as previously constituted. Limitations on President's power to give direction (4) The President must not give a direction under this section about the constitution of the Tribunal if the Tribunal has made a decision under subsection 43(1). (5) The President must not give a direction under this section unless the President has consulted the parties to the proceeding. 23B Matters to which the President must have regard in constituting the Tribunal In giving a direction under section 20B, 23 or 23A as to the persons who are to constitute the Tribunal for the purposes of a particular proceeding, the President must have regard to: (a) the degree of public importance or complexity of the matters to which that proceeding relates; and (b) the status of the position or office held by the person who made the decision that is to be reviewed by the Tribunal; and (c) the degree to which the matters to which that proceeding relates concern the security, defence or international relations of Australia; and (d) the degree of financial importance of the matters to which that proceeding relates; and (e) if that proceeding relates to the review of a decision made in the exercise of powers conferred by a particular enactment—the purpose or object underlying the enactment (whether or not that purpose or object is expressly stated); and (f) the degree to which it is desirable for any or all of the persons who are to constitute the Tribunal to have knowledge, expertise or experience in relation to the matters to which that proceeding relates; and (g) any notice given under subsection 21(2) by the parties to that proceeding; and (h) such other matters (if any) as the President considers relevant. 23C Limitation on composition of reconstituted Tribunal Scope (1) This section does not apply in relation to a proceeding in the Security Appeals Division. Limitation on composition of reconstituted Tribunal (2) A direction relating to the reconstitution of the Tribunal must not be given unless the member or members who constitute the reconstituted Tribunal could have constituted the Tribunal for the purposes of the proceeding if the proceeding had commenced immediately before the direction was given. 23D Tribunal may have regard to record of previous proceeding Scope (1) This section does not apply in relation to a proceeding in the Security Appeals Division. Tribunal may have regard to record of previous proceeding (2) If the Tribunal is reconstituted, the Tribunal may, for the purposes of the proceeding, have regard to any record of the proceeding before the Tribunal as previously constituted (including a record of any evidence taken in the proceeding). (3) Subsection (2) does not apply in a case where the Tribunal is reconstituted following an order under subsection 44(4) remitting a case to be heard and decided again. Note 1: Subsection 44AA(9) applies subsection 44(4) to appeals transferred to the Federal Magistrates Court. Note 2: Paragraph 44(6)(b) deals with a proceeding reheard by the Tribunal following an appeal. 23E Constitution of Tribunal for review of amount taxed—general rule Scope (1) This section applies to a proceeding (the taxing review proceeding) by way of an application to the Tribunal under subsection 69A(2) for review of a decision by the Registrar, a District Registrar or a Deputy Registrar taxing any costs ordered by the Tribunal to be paid by a party to another proceeding (the substantive proceeding). Constitution of Tribunal for taxing review proceeding (2) For the purposes of the taxing review proceeding, the Tribunal is to be constituted by: (a) if the Tribunal was constituted for the purposes of the substantive proceeding by a single member—that member; or (b) if the Tribunal was constituted for the purposes of the substantive proceeding by 2 or 3 members—the member who presided for the purposes of the substantive proceeding. (3) This section has effect subject to section 23F. 23F Constitution of Tribunal for review of amount taxed—member unavailable Scope (1) This section applies to a proceeding (the taxing review proceeding) by way of an application to the Tribunal under subsection 69A(2) for review of a decision by the Registrar, a District Registrar or a Deputy Registrar taxing any costs ordered by the Tribunal to be paid by a party to another proceeding (the substantive proceeding) if: (a) in a case where the Tribunal was constituted for the purposes of the substantive proceeding by a single member—that member (the unavailable member): (i) has stopped being a member; or (ii) for any reason, is not available to take part in the taxing review proceeding; or (iii) is directed by the President not to take part in the taxing review proceeding; or (b) in a case where the Tribunal was constituted for the purposes of the substantive proceeding by 2 or 3 members—the member (the unavailable member) who presided at the substantive proceeding: (i) has stopped being a member; or (ii) for any reason, is not available to take part in the taxing review proceeding; or (iii) is directed by the President not to take part in the taxing review proceeding. Single member Tribunal (2) If the unavailable member constituted the Tribunal for the purposes of the substantive proceeding, the President must direct another member to constitute the Tribunal for the purposes of the taxing review proceeding. Multiple member Tribunal (3) If the unavailable member is one of the members who constituted the Tribunal for the purposes of the substantive proceeding, the President must: (a) direct the remaining member, or one of the remaining members, to constitute the Tribunal for the purposes of the taxing review proceeding; or (b) direct another member to constitute the Tribunal for the purposes of the taxing review proceeding. Member who stops being a member and becomes a member again (4) For the purposes of this section, a member who: (a) stops being a member; and (b) at a later time becomes a member again; is taken, from that later time, to be another member. Limitations on President's powers to give directions (5) The President must not give a direction under subparagraph (1)(a)(iii) or (b)(iii) unless the President is satisfied that the direction is in the interests of justice. (6) The President must not give a direction under paragraph (3)(b) that results in the remaining member, or any of the remaining members, not constituting the Tribunal for the purposes of the taxing review proceeding unless the President is satisfied that the direction is in the interests of justice. 67 Transitional—paragraph 23(1)(a) of the Administrative Appeals Tribunal Act 1975 (1) This item applies to a proceeding before the Tribunal if, immediately before the commencement of this item, the Tribunal was constituted by a particular member or members, for the purposes of the proceeding, in accordance with paragraph 23(1)(a) of the Administrative Appeals Tribunal Act 1975. (2) The Administrative Appeals Tribunal Act 1975 has effect, after the commencement of this item, as if the Tribunal had been constituted by that member or those members, for the purposes of the proceeding, in accordance with a direction given under subsection 20B(1) of that Act. (3) Subitem (2) does not prevent the reconstitution of the Tribunal. 68 Transitional—section 23D of the Administrative Appeals Tribunal Act 1975 Section 23D of the Administrative Appeals Tribunal Act 1975 applies in relation to a reconstitution of the Tribunal before or after the commencement of this item. 69 Application of amendment—sections 23E and 23F of the Administrative Appeals Tribunal Act 1975 Sections 23E and 23F of the Administrative Appeals Tribunal Act 1975 do not apply to a taxing review proceeding if, immediately before the commencement of this item, the Tribunal was constituted for the purposes of the taxing review proceeding by one or more members. 70 Section 24 Repeal the section. 71 Section 24H Repeal the section, substitute: 24H Resignation (1) The Registrar may resign his or her appointment by giving the Governor‑General a written resignation. (2) The resignation takes effect on the day it is received by the Governor‑General or, if a later day is specified in the resignation, on that later day. 72 Before section 25 Insert: Division 1—Applications for review of decisions 73 After subsection 25(4) Insert: Tribunal may determine scope of review (4A) The Tribunal may determine the scope of the review of a decision by limiting the questions of fact, the evidence and the issues that it considers. Note 1: The following heading to subsection 25(1) is inserted "Enactment may provide for applications for review of decisions". Note 2: The following heading to subsection 25(3A) is inserted "Delegations, acting appointments and authorisations". Note 3: The following heading to subsection 25(4) is inserted "Tribunal's power to review decisions". Note 4: The following heading to subsection 25(5) is inserted "Failure of decision‑maker to meet deadline". 74 Subsections 25(6) and (6A) Repeal the subsections, substitute: Enactment may add to, exclude or modify operation of certain provisions (6) If an enactment provides for applications to the Tribunal: (a) that enactment may also include provisions adding to, excluding or modifying the operation of any of the provisions of sections 27, 29, 32, 33 and 35 or of subsection 41(1) or 43(1) or (2) in relation to such applications; and (b) those sections and subsections have effect subject to any provisions so included. 75 Paragraph 25(7)(e) Omit ", or another member authorized by the President,", substitute "or an authorised member". Note: The following heading to subsection 25(7) is inserted "What happens if decision‑maker ceases to hold office etc.". 76 Subsections 25(8), (9), (10), (11) and (12) Repeal the subsections. 77 Subsection 28(1) Omit "furnish" (wherever occurring), substitute "give". Note 1: The following heading to subsection 28(1) is inserted "Request for statement of reasons". Note 2: The following heading to subsection 28(1AAA) is inserted "Exception—Security Appeals Division". 78 Subsections 28(1AA) and (1AB) Omit "furnished with", substitute "given". Note: The following heading to subsection 28(1AA) is inserted "What happens if decision‑maker contests applicant's entitlement to statement of reasons". 79 Subsection 28(1AB) Omit "furnish", substitute "give". 80 Subsection 28(1AC) Omit "furnished with", substitute "given". 81 Subsection 28(1A) Omit "furnish", substitute "give". Note: The following heading to subsection 28(1A) is inserted "When decision‑maker may refuse to give statement of reasons". 82 Subsection 28(1A) Omit "furnished" (wherever occurring), substitute "given". 83 Subsection 28(2) Omit "the following provisions of this section have effect", substitute "subsections (3) and (3A) have effect". Note: The following heading to subsection 28(2) is inserted "Public interest certificate". 84 Paragraph 28(3)(b) Omit "furnish", substitute "give". 85 Subparagraph 28(3A)(a)(ii) Omit "furnished" (wherever occurring), substitute "given". 86 Subparagraph 28(3A)(a)(ii) Omit "furnishing", substitute "giving". 87 Subsections 28(4) and (5) Omit "furnished" (wherever occurring), substitute "given". Note 1: The following heading to subsection 28(4) is inserted "When applicant not entitled to request statement of reasons". Note 2: The following heading to subsection 28(5) is inserted "Inadequate statement of reasons". 88 Subsection 28(5) Omit "furnish", substitute "give". 89 Paragraph 29(1)(d) Omit "furnished", substitute "given". 90 At the end of subsection 29(1) Add: Note: Paragraph 33(1)(c) provides that the Tribunal is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks appropriate. 91 Subsection 29(1A) Omit "furnish", substitute "provide". Note: The following heading to subsection 29(1A) is inserted "Address at which documents may be given". 92 Subsection 29(1A) Omit "served" (wherever occurring), substitute "given". 93 Subsection 29(1A) Omit "for service", substitute "at which such documents may be given". 94 Subsection 29(1A) Omit "furnished", substitute "provided". 95 After subsection 29(1A) Insert: Tribunal may request amendment of insufficient statement (1B) If: (a) an application contains a statement under paragraph (1)(c); and (b) the Tribunal is of the opinion that the statement is not sufficient to enable the Tribunal to readily identify the respects in which the applicant believes that the decision is not the correct or preferable decision; the Tribunal may, by notice given to the applicant, request the applicant to amend the statement, within the period specified in the notice, so that the statement is sufficient to enable the Tribunal to readily identify the respects in which the applicant believes that the decision is not the correct or preferable decision. 96 Subsection 29(2) Omit "furnished" (wherever occurring), substitute "given". Note: The following heading to subsection 29(2) is inserted "Prescribed time for making applications—general". 97 Subparagraph 29(2)(b)(ii) Omit "furnish", substitute "give". 98 Subsection 29(3) Omit "furnished" (wherever occurring), substitute "given". Note 1: The following heading to subsection 29(3) is inserted "Prescribed time for making applications—decision‑maker's failure to meet deadline". Note 2: The following heading to subsection 29(4) is inserted "What happens if there is no prescribed time for making applications". 99 At the end of subsection 29(7) Add "if the Tribunal is satisfied that it is reasonable in all the circumstances to do so". Note: The following heading to subsection 29(7) is inserted "Tribunal may extend time for making application". 100 Transitional—subsection 29(7) of the Administrative Appeals Tribunal Act 1975 The amendment of subsection 29(7) of the Administrative Appeals Tribunal Act 1975 made by this Schedule does not affect an extension of time granted under that subsection before the commencement of this item. 101 Subsection 29(9) Omit "serve notice of the application on", substitute "give notice of the application to". 102 Subsection 29(10) Omit "on whom a notice is served", substitute "to whom a notice is given". 103 Subsection 29(11) Omit "served on", substitute "given to". Note: The following heading to subsection 29(11) is inserted "Decision‑maker to be notified of application for review". 104 Before section 30 Insert: Division 2—Parties and procedure 105 At the end of subsection 30(1) Add: Note: See also subsections 36(3A) and 36A(2A) (Attorney‑General deemed to be a party to certain proceedings), and subsections 36B(4) and 36C(3) (State Attorney‑General deemed to be a party to certain proceedings). Note 1: The following heading to subsection 30(1AA) is inserted "Scope". Note 2: The following heading to subsection 30(1) is inserted "Parties". Note 3: The following heading to subsection 30(1A) is inserted "Person whose interests are affected may apply to be a party". Note 4: The following heading to subsection 30(2) is inserted "Official name". 106 After subsection 33(1) Insert: Decision‑maker must assist Tribunal (1AA) In a proceeding before the Tribunal for a review of a decision, the person who made the decision must use his or her best endeavours to assist the Tribunal to make its decision in relation to the proceeding. 107 Subsection 33(1A) Repeal the subsection, substitute: Directions hearing (1A) The President or an authorised member may hold a directions hearing in relation to a proceeding. 108 Paragraph 33(2)(a) Omit "or by a member authorized by the President to give directions for the purposes of this paragraph", substitute ", by an authorised member or by an authorised Conference Registrar". Note 1: The following heading to subsection 33(2) is inserted "Who may give directions". Note 2: The following heading to subsection 33(2A) is inserted "Types of directions". 109 Subsection 33(3) After "member", insert "or Conference Registrar". Note: The following heading to subsection 33(3) is inserted "Directions may be varied or revoked". 110 Subsections 33(4) and (5) Repeal the subsections, substitute: Authorised Conference Registrar (4) The President may authorise a particular Conference Registrar to be an authorised Conference Registrar for the purposes of paragraph (2)(a). (5) An authorisation under subsection (4) may be: (a) general; or (b) limited to: (i) a particular reviewable decision or particular reviewable decisions; or (ii) reviewable decisions included in a particular class or classes of reviewable decisions; or (iii) a particular proceeding or particular proceedings; or (iv) proceedings included in a particular class or classes of proceedings. (6) The President may at any time vary or revoke an authorisation under subsection (4). (7) In this section: authorised Conference Registrar means a Conference Registrar authorised under subsection (4). reviewable decision means a decision in respect of which an application to the Tribunal for review has been, or may be, made. 111 Transitional—subsection 33(4) of the Administrative Appeals Tribunal Act 1975 (1) This item applies to the power to make an authorisation under subsection 33(4) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule. (2) For the purposes of section 4 of the Acts Interpretation Act 1901, that power is taken to be a power to make an instrument of an administrative character. 112 Sections 34 and 34A Repeal the sections, substitute: Division 3—Alternative dispute resolution processes 34 Scope of Division This Division does not apply to a proceeding in the Security Appeals Division to which section 39A applies. 34A Referral of proceeding for alternative dispute resolution process (1) If an application is made to the Tribunal for review of a decision, the President may: (a) direct the holding of a conference of the parties or their representatives in relation to the proceeding, or any part of the proceeding or any matter arising out of the proceeding; or (b) direct that the proceeding, or any part of the proceeding or any matter arising out of the proceeding, be referred for a particular alternative dispute resolution process (other than conferencing). (2) The President may also direct the holding of conferences of the parties or their representatives in the case of applications made to the Tribunal for review of decisions of a kind specified in the direction. (3) The President may also direct that proceedings be referred for a particular alternative dispute resolution process (other than conferencing) in the case of applications made to the Tribunal for review of decisions of a kind specified in the direction. (4) A direction may be given under a particular paragraph of subsection (1): (a) whether or not a direction has previously been given under the same or the other paragraph of that subsection in relation to the proceeding; and (b) whether or not a direction under subsection (2) or (3) has applied. (5) If a direction under this section is applicable to: (a) a proceeding; or (b) a part of a proceeding; or (c) a matter arising out of a proceeding; each party must act in good faith in relation to the conduct of the alternative dispute resolution process concerned. 34B Alternative dispute resolution processes—proceeding before the Small Taxation Claims Tribunal Scope (1) This section applies to a proceeding before the Small Taxation Claims Tribunal. Statement about alternative dispute resolution processes to be given to applicant (2) The Registrar, a District Registrar or a Deputy Registrar must give to the applicant: (a) if the proceeding relates to an application to which subparagraph 24AC(1)(a)(i) or paragraph 24AC(1)(aa) or (b) applies—when the application is made; or (b) if the proceeding relates to an application to which subparagraph 24AC(1)(a)(ii) applies—when the notification referred to in that subparagraph is given; a statement setting out the procedures to be followed by the Tribunal and the alternative dispute resolution processes that are available under this Act. Referral of matter for alternative dispute resolution process (3) If the Tribunal considers at any time that it may assist in the resolution of the dispute between the parties if: (a) the proceeding; or (b) any part of the proceeding; or (c) any matter arising out of the proceeding; were dealt with by an alternative dispute resolution process, the Tribunal must: (d) direct the holding of a conference of the parties or their representatives in relation to the proceeding, part of the proceeding, or matter, as the case may be; or (e) direct that the proceeding, part of the proceeding, or matter, as the case may be, be referred for a particular alternative dispute resolution process (other than conferencing). (4) If a direction under this section is applicable to: (a) a proceeding; or (b) a part of a proceeding; or (c) a matter arising out of a proceeding; each party must act in good faith in relation to the conduct of the alternative dispute resolution process concerned. 34C Directions by President (1) The President may give directions about alternative dispute resolution processes. (2) Directions under subsection (1) may relate to: (a) the procedure to be followed in the conduct of an alternative dispute resolution process; and (b) the person who is to conduct an alternative dispute resolution process; and (c) the procedure to be followed when an alternative dispute resolution process ends. (3) Subsection (2) does not limit subsection (1). (4) The President may at any time vary or revoke a direction under subsection (1). (5) A person is not entitled to conduct an alternative dispute resolution process unless the person is: (a) a member; or (b) an officer of the Tribunal; or (c) a person engaged under section 34H. 34D Agreement about the terms of a decision etc. (1) If: (a) in the course of an alternative dispute resolution process under this Division, agreement is reached between the parties or their representatives as to the terms of a decision of the Tribunal: (i) in the proceeding; or (ii) in relation to the part of the proceeding; or (iii) in relation to the matter arising out of the proceeding; that would be acceptable to the parties; and (b) the terms of the agreement are reduced to writing, signed by or on behalf of the parties and lodged with the Tribunal; and (c) 7 days pass after lodgment, and none of the parties has notified the Tribunal in writing that he or she wishes to withdraw from the agreement; and (d) the Tribunal is satisfied that a decision in the terms of the agreement or consistent with those terms would be within the powers of the Tribunal; the Tribunal may, if it appears to it to be appropriate to do so, act in accordance with whichever of subsection (2) or (3) is relevant in the particular case. (2) If the agreement reached is an agreement as to the terms of a decision of the Tribunal in the proceeding, the Tribunal may, without holding a hearing of the proceeding, make a decision in accordance with those terms. (3) If the agreement relates to: (a) a part of the proceeding; or (b) a matter arising out of the proceeding; the Tribunal may, in its decision in the proceeding, give effect to the terms of the agreement without dealing at the hearing of the proceeding with the part of the proceeding or the matter arising out of the proceeding, as the case may be, to which the agreement relates. 34E Evidence not admissible (1) Evidence of anything said, or any act done, at an alternative dispute resolution process under this Division is not admissible: (a) in any court; or (b) in any proceedings before a person authorised by a law of the Commonwealth or of a State or Territory to hear evidence; or (c) in any proceedings before a person authorised by the consent of the parties to hear evidence. Exceptions (2) Subsection (1) does not apply so as to prevent the admission, at the hearing of a proceeding before the Tribunal, of particular evidence if the parties agree to the evidence being admissible at the hearing. (3) Subsection (1) does not apply so as to prevent the admission, at the hearing of a proceeding before the Tribunal, of: (a) a case appraisal report prepared by a person conducting an alternative dispute resolution process under this Division; or (b) a neutral evaluation report prepared by a person conducting an alternative dispute resolution process under this Division; unless a party to the proceeding notifies the Tribunal before the hearing that he or she objects to the report being admissible at the hearing. 34F Eligibility of person conducting alternative dispute resolution process to sit as a member of the Tribunal If: (a) an alternative dispute resolution process under this Division in relation to a proceeding is conducted by a member of the Tribunal; and (b) a party to the proceeding notifies the Tribunal before the hearing that he or she objects to that member participating in the hearing; that member is not entitled to be a member of the Tribunal as constituted for the purposes of the proceeding. 34G Participation by telephone etc. The person conducting an alternative dispute resolution process under this Division may allow a person to participate by: (a) telephone; or (b) closed‑circuit television; or (c) any other means of communication. 34H Engagement of persons to conduct alternative dispute resolution processes (1) The Registrar may, on behalf of the Commonwealth, engage persons to conduct one or more kinds of alternative dispute resolution processes under this Division. (2) The Registrar must not engage a person under subsection (1) unless the Registrar is satisfied, having regard to the person's qualifications and experience, that the person is a suitable person to conduct the relevant kind or kinds of alternative dispute resolution processes under this Division. 113 Transitional—paragraph 34A(1)(a) of the Administrative Appeals Tribunal Act 1975 (1) This item applies to a direction if: (a) the direction was given under subsection 34(1) of the Administrative Appeals Tribunal Act 1975; and (b) the direction was in force immediately before the commencement of this item. (2) The direction, except to the extent to which it identifies the person who is to preside over a conference, has effect, after the commencement of this item, as if it had been given under paragraph 34A(1)(a) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule. 114 Transitional—paragraph 34A(1)(b) of the Administrative Appeals Tribunal Act 1975 (1) This item applies to a direction if: (a) the direction was given under subsection 34A(1) of the Administrative Appeals Tribunal Act 1975; and (b) the direction was in force immediately before the commencement of this item. (2) The direction, except to the extent to which it identifies the person who is to be the mediator, has effect, after the commencement of this item, as if it had been given under paragraph 34A(1)(b) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule. 115 Transitional—paragraph 34B(3)(e) of the Administrative Appeals Tribunal Act 1975 (1) This item applies to a direction if: (a) the direction was given under subparagraph 34A(1A)(b)(ii) of the Administrative Appeals Tribunal Act 1975; and (b) the direction was in force immediately before the commencement of this item. (2) The direction, except to the extent to which it identifies the person who is to be the mediator, has effect, after the commencement of this item, as if it had been given under paragraph 34B(3)(e) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule. 116 Transitional—subsection 34A(2) of the Administrative Appeals Tribunal Act 1975 (1) This item applies to a direction if: (a) the direction was given under subsection 34(2) of the Administrative Appeals Tribunal Act 1975; and (b) the direction was in force immediately before the commencement of this item. (2) The direction has effect, after the commencement of this item, as if it had been given under subsection 34A(2) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule. 117 Transitional—Division 3 of Part IV of the Administrative Appeals Tribunal Act 1975 (1) This item applies to a conference or mediation if: (a) the conference or mediation had begun, before the commencement of this item, under section 34 or 34A of the Administrative Appeals Tribunal Act 1975; and (b) the conference or mediation had not been completed before the commencement of this item. (2) The Administrative Appeals Tribunal Act 1975 has effect, after the commencement of this item, as if: (a) the conference or mediation were a conference or mediation under Division 3 of Part IV of that Act; and (b) in the case of a conference—the person presiding at the conference had been directed under subsection 34C(1) of that Act to conduct the conference; and (c) in the case of a mediation—the mediator had been directed under subsection 34C(1) of that Act to conduct the mediation; and the conference or mediation is to be continued accordingly. 118 Transitional—paragraph 34D(1)(a) of the Administrative Appeals Tribunal Act 1975 (1) This item applies to an agreement if: (a) the agreement was entered into before the commencement of this item; and (b) the agreement was an agreement to which paragraph 34A(4)(a) of the Administrative Appeals Tribunal Act 1975 applied; and (c) the Tribunal had not exercised its powers under subsection 34A(5) or (6) of that Act, in relation to the agreement, before the commencement of this item. (2) The Administrative Appeals Tribunal Act 1975 has effect, after the commencement of this item, as if the agreement were an agreement to which paragraph 34D(1)(a) of that Act applies. 119 Transitional—subsections 34(3) and 34A(7) of the Administrative Appeals Tribunal Act 1975 Despite the repeal of subsections 34(3) and 34A(7) of the Administrative Appeals Tribunal Act 1975 by this Schedule, those subsections continue to apply after the commencement of this item, in relation to anything said, or any act done, before the commencement of this item, at a conference or mediation, as if those repeals had not happened. 120 Transitional—subsections 34(4) and 34A(8) of the Administrative Appeals Tribunal Act 1975 (1) Despite the repeal of subsection 34(4) of the Administrative Appeals Tribunal Act 1975 by this Schedule, that subsection continues to apply after the commencement of this item, in relation to a conference that was completed before the commencement of this item, as if that repeal had not happened. (2) Despite the repeal of subsection 34A(8) of the Administrative Appeals Tribunal Act 1975 by this Schedule, that subsection continues to apply after the commencement of this item, in relation to a mediation that was completed before the commencement of this item, as if: (a) that repeal had not happened; and (b) the reference in that subsection to subsection 34A(5) or (6) of the Administrative Appeals Tribunal Act 1975 were a reference to subsection 34D(2) or (3) of the Administrative Appeals Tribunal Act 1975 as amended by this Schedule. 121 Before section 34B Insert: Division 4—Hearings and evidence 122 Section 34B Renumber as section 34J. Note 1: The following heading to subsection 35(1AA) is inserted "Scope". Note 2: The following heading to subsection 35(1) is inserted "Public hearing". Note 3: The following heading to subsection 35(2) is inserted "Private hearing etc.". 123 Subsection 35A(1) Omit "or presiding over a conference mentioned in section 34, a mediator conducting a mediation under section 34A". Note 1: The following heading to subsection 36(1AA) is inserted "Scope". Note 2: The following heading to subsection 36(1) is inserted "Attorney‑General may issue public interest certificate". Note 3: The following heading to subsection 36(2) is inserted "Protection of information etc.". Note 4: The following heading to subsection 36(3) is inserted "Disclosure of information etc.". Note 5: The following heading to subsection 36(3A) is inserted "Attorney‑General taken to be a party". Note 6: The following heading to subsection 36(4) is inserted "What Tribunal must consider in deciding whether to disclose information etc.". Note 7: The following heading to subsection 36A(1AA) is inserted "Scope". Note 8: The following heading to subsection 36A(1) is inserted "Intervention by Attorney‑General". Note 9: The following heading to subsection 36A(2) is inserted "When person excused from answering question". Note 10: The following heading to subsection 36A(2A) is inserted "Attorney‑General taken to be a party". Note 11: The following heading to subsection 36B(1AA) is inserted "Scope". Note 12: The following heading to subsection 36B(1) is inserted "State Attorney‑General may issue public interest certificate". Note 13: The following heading to subsection 36B(2) is inserted "Protection of information etc.". Note 14: The following heading to subsection 36B(3) is inserted "Disclosure of information etc.". Note 15: The following heading to subsection 36B(4) is inserted "State Attorney‑General taken to be a party". Note 16: The following heading to subsection 36B(5) is inserted "What Tribunal must consider in deciding whether to disclose information etc.". 124 Paragraph 37(1)(b) Omit "considered by the person to be". Note 1: The following heading to subsection 36C(1AA) is inserted "Scope". Note 2: The following heading to subsection 36C(1) is inserted "Intervention by State Attorney‑General". Note 3: The following heading to subsection 36C(2) is inserted "When person excused from answering question". Note 4: The following heading to subsection 36C(3) is inserted "State Attorney‑General taken to be a party". Note 5: The following heading to subsection 36D(1AA) is inserted "Scope". Note 6: The following heading to subsection 36D(1) is inserted "Parties to be notified of Tribunal's decision". Note 7: The following heading to subsection 36D(2) is inserted "Question of law". Note 8: The following heading to subsection 36D(3) is inserted "Constitution of Tribunal". Note 9: The following heading to subsection 36D(4) is inserted "Appeals". Note 10: The following heading to subsection 36D(5) is inserted "Disclosure of information etc. to officers and staff of Tribunal". Note 11: The following heading to subsection 36D(6) is inserted "Public interest". Note 12: The following heading to subsection 36D(7) is inserted "Commonwealth Attorney‑General or State Attorney‑General may appear or be represented". Note 13: The following heading to subsection 37(1AAA) is inserted "Scope". Note 14: The following heading to subsection 37(1) is inserted "Decision‑maker must lodge statement of reasons and relevant documents". Note 15: The following heading to subsection 37(1AB) is inserted "Document setting out reasons for decision may be lodged instead of statement". 125 Transitional—paragraph 37(1)(b) of the Administrative Appeals Tribunal Act 1975 The amendment made by item 124 does not apply to a proceeding by way of an application to the Tribunal for review of a decision made by a person if, before the commencement of this item, the person had complied with paragraph 37(1)(b) of the Administrative Appeals Tribunal Act 1975 in relation to the proceeding. 126 Subparagraph 37(1AF)(b)(ii) Omit "serves a copy of the application for the direction on", substitute "gives a copy of the application for the direction to". Note 1: The following heading to subsection 37(1AE) is inserted "Statement of reasons and relevant documents to be given to other party". Note 2: The following heading to subsection 37(1AF) is inserted "When document not required to be lodged". Note 3: The following heading to subsection 37(1A) is inserted "Tribunal may shorten deadline for lodging documents". Note 4: The following heading to subsection 37(1B) is inserted "What happens if application lodged out of time". 127 Subsection 37(2) Omit "served on", substitute "given to". Note: The following heading to sub