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House of Representatives

Law and Justice Legislation Amendment Bill 1998

Explanatory Memorandum

(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)

LAW AND JUSTICE LEGISLATION AMENDMENT BILL 1998

GENERAL OUTLINEThis Bill makes amendments of a minor policy nature to legislation within the Attorney-Generals portfolio and related amendments to other legislation, corrects minor drafting errors and repeals a spent provision.

The Bill will

(i)
amend the Administrative Appeals Act 1975 to implement the Government's decisions on recommendations made by the Senate Legal and Constitutional Legislation Committee in its 'Report on the Role and Function of the Administrative Review Council' (June 1997);
(ii)
amend the Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996 to update certain references in, and provide for the commencement of, Schedule One;
(iii)
amend the Australian Protective Service Act 1987 to provide that the Director of the Protective Service may charge non-Commonwealth persons and bodies for services rendered;
(iv)
amend the Bankruptcy Legislation Amendment Act 1996 to correct a minor drafting error;
(v)
amend the Copyright Amendment Act 1989 to correct a minor drafting error;
(vi)
amend the Corporate Law Reform Act 1992 to correct a minor drafting error;
(vii)
amend the Evidence Act 1995 to:

accommodate the Family Courts practice of taking evidence in chief by affidavit;
give full effect to regulations, made or amended since the commencement of the Act on 18 April 1995, which provide for a certificate or other document to have evidentiary effect;
extend the operation of some provisions of the Act to proceedings in all Australian courts in respect of certain forms, applications, claims, returns and similar documents received by Commonwealth departments and agencies; and
make minor drafting corrections to the Act.

(viii)
amend the Federal Court of Australia Act 1976 to:

allow additional judges of the Supreme Court of the Australian Capital Territory to be included on the Full Court of the Federal Court;
provide that the Registrar of the Court may authorise officers or employees of the Court to administer oaths and witness affidavits;
insert a standard regulation making power;

(ix)
amend the High Court of Australia Act 1979 to insert a standard regulation making power;
(x)
amend the Judges Pensions Act 1968 to include service as a judge of the Supreme Court of the Australian Capital Territory in the definition of prior judicial service;
(xi)
amend the Judiciary Act 1903 to:

expressly exclude the conferral of criminal jurisdiction upon the Federal Court except where that jurisdiction is conferred on the Court by other Commonwealth legislation;
repeal a spent provision; and
provide that the limitation in subsection 68(3) of the Act is confined to the exercise of federal criminal jurisdiction by courts of summary jurisdiction.

(xii)
amend the Jury Exemption Act 1965 to update references in Schedule One;
(xiii)
amend the Law and Justice Legislation Amendment Act 1997 to correct a minor drafting error;
(xiv)
amend the Marriage Act 1961 to correct a minor drafting error;
(xv)
amend the Telecommunications (Interception) Act 1979 to correct a minor drafting error; and
(xvi)
amend the Workplace Relations and Other Legislation Amendment Act 1996 to correct minor drafting errors.

FINANCIAL IMPACT STATEMENTThe Bill will not have a significant financial impact.

NOTES ON CLAUSES

Clause 1 - Short title

1. Clause 1 provides for the Act to be cited as the Law and Justice Legislation Amendment Act 1998

Clause 2 - Commencement

2. Clause 2 provides for the commencement of the Act. Subclause 2(1) provides, in effect, that, subject to any exceptions mentioned in the section, the Act will commence on Royal Assent.

3. Subclause 2(2) provides that Item 1 of Schedule 2 commences on 9 October 1996, immediately after the commencement of section 2 of the Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996 .

4. Subclause 2(3) provides that Item 2 of Schedule 2 commences on 1 January 1998, immediately after the commencement of Schedule 1 to the Australian Law Reform Commission (Repeal, Transitional and Miscellaneous) Act 1996 .

5. Subclause 2(4) provides that Schedule 4 commences on 16 December 1996, immediately after the commencement of Schedule 1 to the Banking Legislation Amendment Act 1996 .

6. Subclause 2(5) provides that Schedule 5 commences on 1 July 1990, immediately after the commencement of Item 21 of the Schedule to the Copyright Amendment Act 1989 .

7. Subclause 2(6) provides that Schedule 6 commences on 23 June 1993, immediately after the commencement of section 123 of the Corporate Law Reform Act 1992 .

8. Subclause 2(7) provides that Schedule 13 commences on 17 April 1997, immediately after commencement of Schedule 9 to the Law and Justice Legislation Amendment Act 1997 .

9. Subclause 2(8) provides that Item 1 of Schedule 16 commences on 25 May 1997, immediately after commencement of Item 28 of Schedule 16 to the Workplace Relations and Other Legislation Amendment Act 1996 .

10. Subclause 2(9) provides that Item 2 of Schedule 16 commences on 25 May 1997, immediately after commencement of Item 60 of Schedule 16 to the Workplace Relations and Other Legislation Amendment Act 1996.

Clause 3 - Schedule(s)

11. Clause 3 provides that each Act referred to in a Schedule is amended or repealed in accordance with the applicable items in the Schedule concerned and also provides that any other item in a Schedule has effect according to its terms.


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