Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Hon Mark Dreyfus KC MP)NOTES ON CLAUSES
Clause 1: Short title
47. This clause provides for the short title of the Act to be enacted by the Bill to be the Administrative Review Tribunal (Miscellaneous Measures) Act 2024.
Clause 2: Commencement
48. This clause provides for the commencement of each provision in the Bill, as set out in the table at subclause 2(1).
49. Table item 1 provides that clauses 1-3 of the Bill (and anything not specified elsewhere) commence on the day the Bill receives the Royal Assent.
50. Table item 2 provides that Schedules 1 and 2 (which contain consequential repeals and amendments, including reference changes, to a number of Commonwealth Acts) will commence immediately after the ART Act commences.
51. Table item 3 provides that Division 1 of Part 1 of Schedule 3 of the Bill (which contains contingent amendments to the Help to Buy Act 2024) commences either immediately after the ART Act commences, or immediately after the Help to Buy Act 2024 commences, whichever occurs later.
52. Table item 4 provides that Division 2 of Part 1 of Schedule 3 of the Bill (which contains contingent amendments to the Treasury Laws Amendment (Consumer Data Right) Act 2024) commences either immediately after the ART Act commences, or immediately after the Treasury Laws Amendment (Consumer Data Right) Act 2024 commences, whichever occurs later.
53. Table item 5 provides that Part 2 of Schedule 3 of the Bill (which contains contingent amendments to Australian Navel Nuclear Power Safety Act 2024) commences either immediately after the ART Act commences, or immediately after the Australian Naval Nuclear Power Safety Act 2024 commences, whichever occurs later.
54. Table item 6 provides that Part 3 of Schedule 3 of the Bill (which contains contingent amendments in relation to the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2024) commences either immediately after the ART Act commences, or immediately after the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Act 2024 commences, whichever occurs later.
55. Table item 7 provides that Part 4 of Schedule 3 of the Bill (which contains contingent amendments to the National Disability Insurance Scheme Act 2013) commences either immediately after the ART Act commences, or immediately after the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 commences, whichever occurs later.
56. Table item 8 provides that Part 5 of Schedule 3 of the Bill (which contains contingent amendments Agriculture (Biosecurity Protection) Levies and Charges Collection Act 2024) commences either immediately after the ART Act commences, or immediately after the Agriculture (Biosecurity Protection) Levies and Charges Collection Act 2024 commences, whichever occurs later.
57. Table item 9 provides that Schedule 4 of the Bill (which contains consequential amendments to the ART Act) will commence immediately after the ART Act commences.
58. Table item 10 provides that Schedule 5 of the Bill (which contains contingent amendments to the ART Act) commences either immediately after the ART Act commences, or immediately after the Intelligence Services Legislation Amendment Act 2024 commences, whichever occurs later.
59. The provisions mentioned in table items 3, 4, 5, 6, 7, 8 and 10 will not commence at all if the relevant Acts mentioned in paragraph (b) of each table item do not commence.
60. The note to the table at subclause 2(1) provides that the information contained in the table only applies to provisions in the Bill as originally enacted, and will not be amended to align with any future amendments to the Bill.
61. Subclause 2(2) specifies that information in column 3 of the table at item 2(1) is not a part of the Bill, and information may be inserted in this column, or information in it may be edited, in any published version of the Bill.
Clause 3: Schedules
62. This clause clarifies the interaction of amendments to legislation within Schedules to the Bill. Where legislation is amended in a Schedule in the Bill, those amendments (including any repeal) have effect as is contained in the Schedule. Any other item in a Schedule has effect according to its terms.