Page 3540 - Week 11 - Thursday, 19 September 2013
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Schedules of amendments
Schedule 1
Administrative Decisions (Judicial Review) Amendment Bill 2013
Amendments moved by the Attorney-General
1
Clause 6
Proposed new section 4A
Page 3, line 3—
omit proposed new section 4A, substitute
4A Who may make an application under this Act
(1) An eligible person may make an application under this Act, subject to subsections (2) and (3).
(2) If the application relates to a category A decision, or conduct engaged in for the purpose of making the decision, the person may make the application only if—
(a) the person’s interests are, or would be, adversely affected by the decision, failure to make the decision, or conduct engaged in for the purpose of making the decision; or
(b) if the decision is of a kind that is proposed in a report or recommendation—the person’s interests are, or would be, adversely affected if the decision were, or were not, made in accordance with the report or recommendation.
(3) If the application relates to a category B decision, or conduct engaged in for the purpose of making the decision, the person may make the application unless—
(a) an enactment does not allow the person to make the application; or
(b) each of the following apply:
(i) the interests of the eligible person are not adversely affected by the decision or conduct;
(ii) the application fails to raise a significant issue of public importance.
(4) The Supreme Court may at any time, on application by a party, refuse to hear the application or dismiss the application if satisfied that the applicant is not an eligible person.
(5) In this section:
category A decision means a decision of an administrative character made, proposed to be made, or required to be made (whether in the exercise of a discretion or not) under—
(a) the Heritage Act 2004; or
(b) the Planning and Development Act 2007, other than a decision under that Act mentioned in schedule 1.
category B decision means a decision to which this Act applies, other than a category A decision.
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