Explanatory Memorandum
(Circulated by authority of the Attorney General, Senator the Hon George Brandis QC)NOTES ON CLAUSES
PRELIMINARY
Clause 1-Short title
71. This clause provides that when the Civil Law and Justice Legislation Amendment Bill 2014 is enacted, it is to be cited as the Civil Law and Justice Legislation Amendment Act 2014.
Clause 2-Commencement
72. This clause sets out when various provisions of the Civil Law and Justice Legislation Amendment Act 2014 are to commence, as set out in the table.
73. Subclause 2(1) provides that each provision of the Act specified in column 1 of the table in subclause 2(1) commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
74. Item 1 in the table provides that sections 1 to 3, which concern the formal aspects of the Act, as well as anything in the Act not elsewhere covered by the table, will commence on the day on which the Act receives Royal Assent.
75. Item 2 in the table provides that Schedules 1 to 6, which amend the Bankruptcy Act 1966, the International Arbitration Act 1974, the Family Law Act 1975, the Court Security Act 2013, the Evidence Act 1995, and the Protection of Movable Cultural Heritage Act 1986 commence the day after the Act receives Royal Assent.
76. Item 3 in the table provides that Schedule 7, which amends the Copyright Act 1968, commences the day after the end of the period of 6 months beginning on the day the Act receives Royal Assent. The reason for the delay in commencement of Schedule 7 is to allow the National Library of Australia (the National Library) time to update their online guidelines so their stakeholders know how to comply with the extended legal deposit scheme. This time will also be used by the National Library to consult with their stakeholders about the new requirements of the extended legal deposit scheme.
77. The note at the end of the table explains that the table relates only to the provisions of the Act as originally enacted. The table will not be amended to deal with any later amendments of the Act.
78. Subclause 2(2) provides that any information in column 3 of the table in subclause 2(1) is not part of the Act. It also clarifies that information may be inserted in column 3, or information in it may be edited, in any published version of the Act.
Clause 3-Schedules
79. Clause 3 provides that each Act specified in a Schedule to the Civil Law and Justice Legislation Amendment Act 2014 is amended as set out in the applicable items in the Schedule and any other item in a Schedule has effect according to its terms. This is a technical provision to give operational effect to the amendments contained in the Schedules.