Act not to apply in relation to certain decisions
19 Act not to apply in relation to certain decisions
The regulations may declare a class or classes of decisions to be decisions that are not subject to judicial review by the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under this Act.
If a regulation is so made in relation to a class of decisions:
section 5 does not apply in relation to a decision included in that class;
section 6 does not apply in relation to conduct that has been, is being, or is proposed to be, engaged in for the purpose of making a decision included in that class; and
section 7 does not apply in relation to a failure to make a decision included in that class;
but the making of the regulation does not affect the exclusion by section 9 of the jurisdiction of the courts of the States in relation to such a decision, such conduct or such a failure.
Regulations made for the purposes of subsection (1) may specify a class of decisions in any way, whether by reference to the nature or subject‑matter of the decisions, by reference to the enactment or provision of an enactment under which they are made, by reference to the holder of the office by whom they are made, or otherwise.
A regulation made in pursuance of subsection (1) applies only in relation to decisions made after the regulation takes effect.
This Act’s bill:Second reading speech
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