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Legislative Assembly for the ACT: 1996 Week 11 Hansard (26 September) . . Page.. 3655 ..


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ensure that they revert to being a ministerial function which properly, in my view, they should be.

Furthermore, at present, an order made by a Registrar does not take effect until the period for applying for review has expired. The Stein Report recommended that an order be effective when made but that its operation be stayed upon an appeal to the AAT being made. However, the Bill will make an order by the Minister effective upon it being made. This is the norm for other decisions reviewable by the AAT which has the power to grant a person a stay on the operation or implementation of a decision where this is appropriate and in the interests of a person. The automatic staying of the implementation of an order upon an appeal being lodged only invites mischievous applications to the Tribunal and the abuse of its resources. Accordingly, the Government does not accept the Stein Recommendation on this point.

The Land Act permits an appeal against the decision of a concurring authority on the same terms as an appeal against the final decision by the Minister. The separate right of appeal against a concurring authority's decision has not proved practical because the appeal is merely


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