House of Representatives

Tribunals Amalgamation Bill 2014

Explanatory Memorandum

(Circulated by authority of the Attorney-General, Senator the Honourable George Brandis QC)
This memorandum takes account of amendments made by the Senate to the bill as introduced and supersedes the explanatory memorandum tabled in the Senate

Schedule 8 - other consequential amendments

Overview

1876. Schedule 8 to this Bill would provide for consequential amendments to a number of Acts conferring jurisdiction on the AAT to reflect amendments made by Schedule 1 to this Bill and to support the amalgamation.

Administrative Decisions (Judicial Review) Act 1977

Item 1 - Paragraph (y) of Schedule 1

1877. Item 1 would make consequential amendments to paragraph (y) of Schedule 1 to update the references to the 'Security Appeals Division' to the 'Security Division', to reflect the names of the Division in the amalgamated Tribunal in section 17A as provided by Item 27 of Schedule 1 to this Bill.

Archives Act 1983

Item 2 - Section 46

1878. Item 2 would repeal section 46, substituting a new section 46. New section 46 would provide alternative arrangements for the constitution of the AAT and processes for determining which member would preside in a multi-member panel with respect to the review of certain decisions under the Archives Act 1983. This would be consistent with existing section 46 which modifies the operation of existing sections 21A and 22 of the AAT Act which would both be repealed and replaced by Item 27 of Schedule 1 to this Bill.

1879. Item 2 would also substitute references to existing section 21AB of the AAT Act with references to new section 19F of the AAT Act to reflect the repeal and amendment of section 21AB by Item 27 of Schedule 1 to this Bill.

Item 3 - Section 48

1880. Item 3 would repeal section 48, substituting a new section 48. New section 48 would modify the operation of section 42 of the AAT Act to provide alternative rules for resolving disagreements between members. This would be consistent with the existing section 48 and would reflect amendments made to section 42 of the AAT Act by Item 107 of Schedule 1 to this Bill.

Item 4 - Subsection 52(1)

1881. Item 4 would make consequential amendments to subsection 52(1) to update references to 'subsection 35(2)' of the AAT Act with references to 'subsections 35(2), (3) or (4)' of the AAT Act, to reflect the amendments to subsection 35(2) of the AAT Act by Item 66 of Schedule 1 to this Bill.

1882. Item 66 of Schedule 1 to this Bill would simplify the current complex drafting of the provision while preserving the existing policy position concerning public hearings and orders for private hearings, non-publication and non-disclosure of information.

Item 5 - Subsection 53(1)

1883. Item 5 would make consequential amendments to subsection 53(1) to update references to 'section 37' of the AAT Act with references to 'sections 37 and 38AA' of the AAT Act.

1884. Amended subsection 53(1) would exempt certain records from being required to be produced under section 37 of the AAT Act or new section 38AA of the AAT Act, which imposes a continuous disclosure requirement on parties to an application, as inserted by Item 87 of Schedule 1 to this Bill. This would be consistent with the policy of existing subsection 53(1).

Australian Charities and Not-for-profits Commission Act 2012

Item 6 - Section 165 - 15 (paragraph 29(1)(b) of the Administrative Appeals Tribunal Act 1975 )

1885. Item 6 would repeal and substitute the reference to paragraph 29(1)(b) of the AAT Act in section 165-15 of the to reflect amendments made to section 29 of the AAT Act by Item 46 of Schedule 1 to this Bill.

1886. Item 46 of Schedule 1 to this Bill would replace references to a prescribed form with references to a prescribed fee. This would remove references to a prescribed form to provide the Tribunal with greater flexibility to assist applicants and develop more user friendly forms. Additionally, specifying a prescribed fee would not alter existing arrangements whereby certain applications do not attract any fee, or prevent applicants to the Tribunal from seeking a reduction or waiver of fees in appropriate circumstances.

Item 7 - Paragraph 165 - 25(1)(a)

1887. Item 7 would amend paragraph 165-25(1)(a) to replace references to multiple copies of document with one copy of a document. This would be consistent with the amendment made to subsection 37(1) of the AAT Act by Item 270 of Schedule 1 to this Bill to reduce the number of copies of the statement of reasons and relevant documents a decision-maker must lodge with the AAT.

Item 8 - Subparagraphs 165 - 25(1)(b)(ii) and (iii)

1888. Item 8 would amend subparagraphs 165-25(1)(b)(ii) and (iii) to replace references to multiple copies of document with one copy of a document. This would be consistent with the amendment made to existing subsection 37(1) of the AAT Act by Item 270 of Schedule 1 to this Bill to reduce the number of copies of the statement of reasons and relevant documents a decision-maker must lodge with the AAT.

Australian Citizenship (Transitionals and Consequentials) Act 2007

Item 9 - Item 15 of Schedule 3

1889. Item 9 would repeal Item 15 of Schedule 3 which makes reference to paragraph 21AA(5)(c) of the AAT Act which would be repealed by 27 of Schedule 1 to this Bill. Paragraph 21AA(5)(c) of the AAT Act would not be replaced as it is no longer required. Item 15 of Schedule 3 is similarly no longer required as it provides transitional arrangements which are spent.

Australian Grape and Wine Authority Act 2013

Item 10 - Subsection 8(2F) (subsection 29(1A) of the Administrative Appeals Tribunal Act 1975 ) and Item 11-Subsection 8(2F) (subsection 29(1B) of the Administrative Appeals Tribunal Act 1975 )

1890. Items 10 and 11 would make consequential amendments to subsection 8(2F) to replace references to '(1A)' with '(1AA)' and '(1B)' with '(1AB)' to reflect the renumbering of section 29 of the AAT Act due to Item 47 of Schedule 1 to this Bill.

Item 12 - Subsection 40Y(2) (subsection 29(1A) of the Administrative Appeals Tribunal Act 1975 ) and Item 13-Subsection 40Y(2) (subsection 29(1B) of the Administrative Appeals Tribunal Act 1975 )

1891. Items 12 and 13 would make consequential amendments to subsection 40Y(2) to replace references to '(1A)' with '(1AA)' and '(1B)' with '(1AB)' to reflect the renumbering of section 29 of the AAT Act due to Item 47 of Schedule 1 to this Bill.

Civil Dispute Resolution Act 2011

Item 14 - Subparagraphs 15(c)(iv), (v) and (vi)

1892. Item 14 would repeal subparagraphs 15(c)(iv), (v) and (vi) to remove references to the MRT, RRT and SSAT. Amended subparagraph 15(c) would still contain a reference to the AAT that would be sufficient to continue classifying proceedings relating to a decision under review by the tribunals as being 'excluded proceedings' for the purposes of the Civil Dispute Resolution Act 2011.

Commonwealth Electoral Act 1918

Item 15 - Subsection 141(6A)

1893. Item 15 would repeal subsection 141(6A), substituting a new subsection 141(6A).

1894. New subsection 141(6A) would provide that new paragraph 19B(1)(b) of the AAT Act does not apply in relation to a review referred to in subsection 141(5), consistent with the existing exclusion for subsection 21(1AA) which would be replaced by section 19B(1)(b).

Court Security Act 2013

Item 16 - Section 51 (table item 7)

1895. Item 16 would replace the reference to a 'District Registrar' of the AAT with 'an officer' in table item 7 of section 51. The reference to the term 'District Registrar' is no longer necessary as references to specific types of Registrar would be replaced by the concept of 'officers of the Tribunal' by Item 50 of Schedule 1 to this Bill.

Crimes Act 1914

Item 17 - Paragraphs 15GG(1)(b), (c) and (d)

1896. Item 17 would repeal the existing subparagraphs, substituting new paragraphs 15GG(1)(b) and (c).

1897. New paragraphs 15GG(1)(b) and (c) would provide that the Minister may authorise members of any level of senior member or member to exercise certain powers under the Crimes Act 1914. This would be consistent with the amendments to provide for multiple levels of member and senior member made by Item 17 of Schedule 1 to this Bill.

Criminal Code Act 1995

Item 18 - Subsection 105.51(6) of the Criminal Code

1898. Item 18 would make consequential amendments to subsection 105.51(6) to update the references to the 'Security Appeals Division' to the 'Security Division', to reflect the names of the Division in the amalgamated Tribunal in section 17A as provided by Item 27 of Schedule 1 to this Bill.

Defence Act 1903

Item 19 - Subsection 110XC(5)

1899. Item 19 would replace reference to 'fees, and allowances for expenses' with 'fees or allowances' in subsection 110XC(5) to reflect amendments to section 67 of the AAT Act made by Item 148 of Schedule 1 to this Bill. Amended subsection 110XC(5) would continue to refer to section 67 of the AAT Act with respect to arrangements for paying fees or allowances to a person summoned to appear before the Defence Honours and Awards Appeals Tribunal.

Federal Proceedings (Costs) Act 1981

Item 20 - Subsection 10A(1)

1900. Item 20 would replace references to 'section 23' of the AAT Act with 'paragraph 19D(2)(a)' of the AAT Act in subsection 10A(1) to reflect the replacement of section 23 with paragraph 19D(2)(a) by Item 27 of Schedule 1 to this Bill. Amended subsection 10(a) would continue to provide that costs certificates may be granted where a matter has to be reheard in the AAT under specific circumstances.

Financial Institutions Supervisory Levies Collection Act 1998

Item 21 - Paragraph 27(9)(b)

1901. Item 21 would replace references to 'paragraph 35(2)(b) or (c)' of the AAT Act with 'subsection 35(3) or (4)' of the AAT Act in paragraph 27(9)(b) to reflect the repeal and amendment of subsection 35(2) of the AAT Act by Item 66 of Schedule 1 to this Bill.

1902. Item 66 of Schedule 1 to this Bill would simplify the current complex drafting of existing section 35 of the AAT Act while preserving the existing policy position concerning public hearings and orders for private hearings, non-publication and non-disclosure of information.

Freedom of Information Act 1982

Item 22 - Subsections 58B(3) and (4)

1903. Item 22 would repeal subsections 58B(3) and (4), substituting a new subsection 58B(3). New subsection 58B(3) would provide alternative arrangements for the constitution of the AAT and processes for determining which member would preside in a multi-member panel with respect to the review of certain decisions under the Freedom of Information Act 1982. This would be consistent with existing subsections 58B(3) and (4) which modify the operation of existing sections 21A and 22 of the AAT Act which will both be repealed and replaced by Item 27 of Schedule 1 to this Bill.

Item 23 - Section 58D

1904. Item 23 would repeal section 58D, substituting a new section 58D. New section 58D would modify the operation of section 42 of the AAT Act to provide alternative rules for resolving disagreements between members. This would be consistent with existing section 58D and would reflect amendments made to section 42 of the AAT Act by Item 107 of Schedule 1 to this Bill.

Item 24 - Subsection 58E(1)

1905. Item 24 would insert the words 'or 38AA' after the reference to 'section 37'of the AAT Act in subsection 58E(1).

1906. Amended subsection 58E(1) would exempt certain documents from being required to be produced under section 37 of the AAT Act or new section 38AA of the AAT Act, which imposes a continuous disclosure requirement on parties to an application, as inserted by Item 87 of Schedule 1 to this Bill. This would be consistent with current policy of existing subsection 58E(1).

Item 25 - Subsection 63(1)

1907. Item 25 would substitute references to 'subsection 35(2)' of the AAT Act with references to 'subsections 35(2), (3) or (4)' of the AAT Act in subsection 63(1) to reflect the repeal and amendment of subsection 35(2) of the AAT Act by Item 66 of Schedule 1 to this Bill.

1908. Item 66 of Schedule 1 to this Bill would simplify the current complex drafting of existing section 35 of the AAT Act while preserving the existing policy position concerning public hearings and orders for private hearings, non-publication and non-disclosure of information.

Item 26 - Subsection 64(1)

1909. Item 26 would make consequential amendments to subsection 53(1) to update references to 'section 37' of the AAT Act with references to 'sections 37 and 38AA' of the AAT Act.

1910. Amended subsection 64(1) would exempt certain documents from being required to be produced under section 37 of the AAT Act or new section 38AA of the AAT Act, which imposes a continuous disclosure requirement on parties to an application, as inserted by Item 87 of Schedule 1 to this Bill. This would be consistent with current policy of existing subsection 64(1).

Industry Research and Development Act 1986

Item 27 - Subparagraph 30E(4)(b)(ii)

1911. Item 27 would replace references to 'paragraph 35(2)(bb), (b) or (c)' of the AAT Act with 'subsection 35(3) or (4)' of the AAT Act in subparagraph 30E(4)(b)(ii) to reflect the amendments to subsection 35(2) of the AAT Act by Item 66 of Schedule 1 to this Bill.

1912. Item 66 of Schedule 1 to this Bill would simplify the current complex drafting of the provision while preserving the existing policy position concerning public hearings and orders for private hearings, non-publication and non-disclosure of information.

Inspector-General of Intelligence and Security Act 1986

Item 28 - Subparagraph 8(1)(c)(ii) and Item 29-Paragraph 9AA(c)

1913. Items 28 and 29 would make consequential amendments to subparagraph 8(1)(c)(ii) and paragraph 9AA(c) to update references to the 'Security Appeals Division' to the 'Security Division' to reflect the names of the Division in the amalgamated Tribunal in section 17A of the AAT Act as provided by Item 27 of Schedule 1 to this Bill.

Inspector of Transport Security Act 2006

Item 30 - Paragraph 79(1)(c)

1914. Item 30 would insert a reference to 'senior member (of any level)' in paragraph 79(1)(c) to reflect the multiple levels of member and senior member in the amalgamated Tribunal in subsection 6(3) of the AAT Act as provided by Item 17 of Schedule 1 to this Bill.

Insurance Acquisitions and Takeovers Act 1991

Item 31 - Paragraph 67(7)(b) and Item 32-Paragraph 67(7)(c)

1915. Items 31 and 32 would update references to 'paragraph 35(2)(b)' of the AAT Act with references to 'subsection 35(3) or (4)' in paragraphs 67(7)(b) and (c).

1916. Item 66 of Schedule 1 to this Bill would simplify the current complex drafting of existing section 35 of the AAT Act while preserving the existing policy position concerning public hearings and orders for private hearings, non-publication and non-disclosure of information.

Judges' Pensions Act 1968

Item 33 - Paragraph 20(2)(b)

1917. Item 33 would remove the reference to 'the Registrar of the Tribunal' from paragraph 20(2)(b) as it is and would continue to be redundant following amendments to the definition of 'officer of the Tribunal' by Item 50 of Schedule 1 to this Bill.

1918. Existing paragraph 20(2)(b) makes reference to the Registrar of the AAT, any officer of the AAT or any member of the staff of the AAT. The existing and amended definitions of 'officer of the Tribunal' in the AAT Act do and would continue to include the Registrar of the AAT.

Lands Acquisition Act 1989

Item 34 - Paragraph 28(3)(a)

1919. Item 34 would add 'and' at the end of paragraph 28(3)(a).

1920. Subsection 28(3) sets out how an application for review by the AAT is to be made. Inserting 'and' at the end of paragraph 28(3)(a) provides greater clarity for readers as to the manner in which an application to the Tribunal must be made and would be a consequence of the repeal of paragraph 28(3)(b) at Item 35 of Schedule 1 to this Bill.

Item 35 - Paragraph 28(3)(b)

1921. Item 35 would repeal paragraph 28(3)(b).

1922. Existing paragraph 28(3)(b) modifies the effect of subsection 29(1)(b) of the AAT Act, which would be repealed by Item 35 of Schedule 1 of this Bill. The repeal would remove the reference to a prescribed form. It would provide the Tribunal with greater flexibility to assist applicants and develop more user friendly or tailored forms.

Military Rehabilitation and Compensation Act 2004

Item 36 - Section 355 (table item 1)

1923. Item 36 would amend table item 1 of section 355, which modifies existing section 20A of the AAT Act to provide that the reference to places in Australia or an external Territory are reference to any place, whether within or outside Australia.

1924. Item 80 of Schedule 1 to this Bill would replace existing 20A of the AAT Act with new section 18C. The amendment would retain the substance of the existing provision but simplify and modernise the drafting.

Item 37 - Subsection 357(7)

1925. Item 37 would replace the reference to 'a District Registrar or a Deputy Registrar' with 'an officer' in subsection 357(7). The reference to the term 'District Registrar' is no longer necessary as references to specific types of Registrar would be replaced by the concept of 'officers of the Tribunal' by Item 50 of Schedule 1 to this Bill.

Public Interest Disclosure Act 2013

Item 38 - Section 8 (paragraph (i)) of the definition of designated publication restriction )

1926. Item 38 would replace reference to 'section 35AA' with 'subsection 35AA(2)' in section 8.

1927. Existing section 8 contains a definition for 'designated publication restriction'. Paragraph (i) of that definition makes a reference to section 35AA of the AAT Act which currently empowers the Tribunal to give directions prohibiting or restricting the disclosure of information relating to a proceeding before the Security Appeals Division.

1928. Item 235 of Schedule 1 to this Bill would amend section 35AA and a substitute new section 35AA. Existing section 35AA empowers the Tribunal to make non-publication or non-disclosure directions in a proceeding in the Security Appeals Division (as it is now known). The drafting of new section 35AA would be aligned with new section 35 (inserted at item 225 of Schedule to this Bill).

1929. The consequential amendment would ensure consistency with other amendments which provide for the issuing of non-disclosure orders.

Safety, Rehabilitation and Compensation Act 1988

Item 39 - Subsection 65(3)

1930. Item 39 would amend subsection 65(3), which modifies existing section 20A of the AAT Act to provide that the reference to places in Australia or an external Territory are reference to any place, whether within or outside Australia.

1931. Item 80 of Schedule 1 to this Bill would replace existing 20A of the AAT Act with new section 18C. The amendment would retain the substance of the existing provision but simplify and modernise the drafting.

Item 40 - Subsection 67(13)

1932. Item 40 would replace the reference to 'a District Registrar or a Deputy Registrar' with 'an officer' in subsection 67(13). The reference to the term 'District Registrar' is no longer necessary as references to specific types of Registrar would be replaced by the concept of 'officers of the Tribunal' by Item 50 of Schedule 1 to this Bill.

Seafarers Rehabilitation and Compensation Act 1992

Item 41 - Subsection 89(2)

1933. Item 41 would amend subsection 89(2), which modifies existing section 20A of the AAT Act to provide that the reference to places in Australia or an external Territory are reference to any place, whether within or outside Australia.

1934. Item 80 of Schedule 1 to this Bill would replace existing 20A of the AAT Act with new section 18C. The amendment would retain the substance of the existing provision but simplify and modernise the drafting.

Item 42 - Subsection 92(6)

1935. Item 42 would replace the reference to 'a District Registrar or a Deputy Registrar' with 'an officer' in subsection 92(6). The reference to the term 'District Registrar' is no longer necessary as references to specific types of Registrar would be replaced by the concept of 'officers of the Tribunal' by Item 50 of Schedule 1 to this Bill.

Superannuation (Self Managed Superannuation Funds) Taxation Act 1987

Item 43 - Paragraph 16(9)(b)

1936. Item 43 would make consequential amendments to paragraph 16(9)(b) to update references to 'paragraph 35(2)(b) or (c)' with 'subsection 35(3) or (4)' of the AAT Act, to reflect the amendments to subsection 35(2) of the AAT Act by Item 66 of Schedule 1 to this Bill.

1937. Item 66 of Schedule 1 to this Bill would simplify the current complex drafting of the provision while preserving the existing policy position concerning public hearings and orders for private hearings, non-publication and non-disclosure of information.

Surveillance Devices Act 2004

Item 44 - Paragraphs 13(1)(b), (c) and (d)

1938. Items 44 would repeal paragraphs 13(1)(b), (c) and (d), and substitute new paragraphs 13(1)(b) and (c)

1939. New paragraphs 13(1)(b) and (c) would provide that the Minister may authorise members appointed as any level of senior member or member to undertake certain powers under the Surveillance Devices Act 2004. This would be consistent with the amendments to provide for multiple levels of member and senior member by Item 17 of Schedule 1 to this Bill.

Taxation Administration Act 1953

Item 45 - Subsection 2(1) (definition of Small Taxation Claims Tribunal )

1940. Item 45 would repeal the definition of Small Taxation Claims Tribunal in subsection 2(1).

1941. Removing references to the Small Taxation Claims Tribunal is consistent with the abolition of the Small Taxation Claims Tribunal.

Item 46 - Subsection 2(1) (definition of Tribunal )

1942. Item 46 would remove 'or, in appropriate circumstances, the Small Taxation Claims Tribunal'.

1943. Removing references to the Small Taxation Claims Tribunal is consistent with the abolition of the Small Taxation Claims Tribunal.

Item 47 - Subsection 14ZZC (paragraph 29(1)(b) of the Administrative Appeals Tribunal Act 1975 )

1944. Item 47 would repeal the reference to paragraph 29(1)(b) in subsection 14ZZC.

1945. Item 135 of Schedule 1 to this Bill would amend subsection 29(1) of the AAT Act to remove a requirement that an application for review be accompanied by a prescribed form. Removing the reference to a prescribed form will provide the Tribunal with greater flexibility to assist applicants and develop more user friendly or tailored forms.

Item 48 - Section 14ZZE

1946. Item 48 would repeal section 14ZZE.

1947. Existing section 14ZZE provides a framework for decisions to be heard by the Small Taxation Claims Tribunal and a fee structure that is unique to the Small Taxation Claims Tribunal.

1948. References to the Small Taxation Claims Tribunal would be replaced with references to the AAT at Item 80 of Schedule 1. The unique fee structure would be preserved through regulations. This is consistent with the approach to specifying fees for other jurisdictions. There would be no change to the policy or practical arrangements for decisions that would otherwise be reviewed by the Small Taxation Claims Tribunal.

Item 49 - Paragraph 14ZZF(1)(a) and Item 50-Subparagraphs 14ZZF(1)(b)(ii) and (iii)

1949. Item 49 would omit reference to 'such numbers of copies as is prescribed of statements or other documents were instead a requirement to lodge with the Tribunal such numbers of copies as is prescribed' with 'a copy' in paragraph 14ZZF(1)(a).

1950. Item 50 would replace 'the prescribed number of copies' with 'a copy' in subparagraphs 14ZZF(1)(b)(ii) and(ii).

1951. Item 270 of Schedule 1 of this Bill would amend subsection 37(1) of the AAT Act to reduce the number of copies of the statement of reasons and relevant documents a decision-maker must lodge with the AAT from two copies to one copy.

1952. The consequential amendment would reduce the administrative burden on the Commissioner to provide duplicate copies.

Telecommunications (Interception and Access) Act 1979

Item 51 - Paragraphs 6DA(1)(b), (c) and (d)

1953. Items 51 repeal paragraphs 6DA(1)(b), (c) and (d) and substitute new paragraphs 6DA(b) and (c).

1954. New paragraphs 6DA(b) and (c) would provide that the Minister may authorise members appointed as any level of senior member or member to undertake certain powers under the Telecommunications (Interception and Access) Act 1979. This would be consistent with the amendments to provide for multiple levels of member and senior member by Item 17 of Schedule 1 to this Bill.

Item 52 - Subparagraph 6DB(1)(b)(i)

1955. Item 52 would make consequential amendments to subparagraph 6D(1)(b)(i) to clarify that the subparagraph applies to members appointed as any level of senior member or member. This would be consistent with the amendments to provide for multiple levels of member and senior member by Item 17 of Schedule 1 to this Bill.

Trans-Tasman Mutual Recognition Act 1997

Item 53 - Subsection 35(3)

1956. Item 53 would omit the reference to 'subsection 20B(1)' in subsection 35(3), and substitute reference to 'paragraph 19A(1)(a)' to reflect the new section 19A as inserted by item 27 of Schedule 1 to this Bill.

Part 2 - Contingent amendments

Biosecurity Act 2015

Item 51 - Subsection 77(2)

1957. Item 54 would make consequential amendments to replace references to 'subsection 29(11)' with 'subsection 29AC(1)' of the AAT Act in subsection 77(2).

1958. Item 50 of Schedule 1 to this Bill would repeal subsection 29(11) of the AAT Act and Item 51 of Schedule 1 to this Bill would replace it with a new subsection 29AC.

1959. Noting that the proposed Biosecurity Act has not yet passed the Parliament, the contingent amendment would only commence if the amendments made by Schedule 1 of this Bill were to come into effect before the commencement of the Biosecurity Act.

Freedom of Information Act 1982

Item 55 - Subsection 61A(1) (table item 1)

1960. Item 55 would make consequential amendments to replace references to 'subsection 29(11)' with 'subsection 29AC(1)' of the AAT Act in subsection table item 1 of subsection 61A(1).

1961. Item 50 of Schedule 1 to this Bill would repeal subsection 29(11) of the AAT Act and Item 51 of Schedule 1 to this Bill would replace it with a new subsection 29AC.

1962. Item 55 would omit 'subsection 29(11)' in table item 1 of subsection 61A(1), and substitute 'subsection 29AC(1)'.

1963. Noting that the proposed Freedom of Information Amendment (New Arrangements) Act has not yet passed the Parliament, the contingent amendment would only commence if the amendments made by Schedule 1 of this Bill were to come into effect before the commencement of the Freedom of Information Amendment (New Arrangements) Act.

Item 56 - Subsection 61A(3)

1964. Item 56 would omit 'subsection 38' in subsection 61A(3), and substitute 'section 38 or 38AA'.

1965. Item 87 of Schedule 1 to this Bill would insert a new section 38AA that would impose a continuous disclosure requirement on parties to an application.

1966. The consequential amendment would ensure that the power to obtain additional documents and the requirement to continuously disclose is treated consistently by subsection 61A(3) of the FOI Act.

1967. Noting that the proposed Freedom of Information Amendment (New Arrangements) Act has not yet passed the Parliament, the contingent amendment would only commence if the amendments made by Schedule 1 of this Bill were to come into effect before the commencement of the Freedom of Information Amendment (New Arrangements) Act.


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