Magistrates Court (Administrative Appeals Division) Act 2001 (Tas)

Magistrates Court (Administrative Appeals Division) Act 2001

An Act to establish an administrative appeals division of the Magistrates Court and to provide for incidental matters [Royal Assent 30 October 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Magistrates Court (Administrative Appeals Division) Act 2001 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – Administrator means the Administrator of the Magistrates Court; application – see section 50 ; approved means approved by the Chief Magistrate; Chief Magistrate means the Chief Magistrate of the Magistrates Court; Court means the Magistrates Court (Administrative Appeals Division); decision has the meaning given by section 4 ; decision-maker has the meaning given by section 5 ; enactment means an Act (other than this Act) or a statutory rule (other than a statutory rule made under this Act); exercise a function includes perform a duty; function includes a power, authority or duty; interested person means a person who is entitled under an enactment to make an application to the Court for a review of a reviewable decision; legal practitioner means an Australian legal practitioner; lodge a document includes file a document; Magistrates Court means the Magistrates Court of Tasmania established by the Magistrates Court Act 1987 ; Magistrates Rule Committee means the committee referred to in section 15AC of the Magistrates Court Act 1987 ; parties to proceedings – see section 30 ; registrar means the Administrator or a district registrar, or a deputy district registrar, of the Magistrates Court; regulations means regulations made and in force under this Act; reviewable decision means a decision of a decision-maker that the Court has jurisdiction under an enactment to review; rules of court means rules of court made for this Act by the Magistrates Rule Committee. (2) A reference in this Act to the exercise by the Court of its functions in relation to an enactment includes a reference both to its functions under the enactment and its functions under this Act in relation to the enactment. (3) A reference (however described) in this Act to a decision made under an enactment is taken, in relation to a reviewable decision, to include a reference to any decision made in the exercise of functions identified by the enactment.