Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Hon Mark Dreyfus KC MP)SCHEDULE 3 - CONTINGENT AMENDMENTS
OUTLINE
246. This Schedule contains amendments to the following Acts, which are contingent on the passage and commencement of other pieces of legislation:
Part 1 - Treasury portfolio
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- Help to Buy Act 2024
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- Competition and Consumer Act 2010
Part 2 - Defence portfolio
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- Australian Naval Nuclear Power Safety Bill 2023
Part 3 - Veterans' Affairs portfolio
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- Military Rehabilitation and Compensation Act 2004
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- Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988
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- Veterans' Entitlements Act 1986
Part 4 - Social Services portfolio
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- National Disability Insurance Scheme Act 2013
Part 5 - Agriculture, Fisheries and Forestry Portfolio
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- Agriculture (Biosecurity Protection) Levies and Charges Collection Bill 2024
General terminology changes
247. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions continue to operate in substantively the same way in relation to the new Tribunal.
AMENDMENTS
Part 1 - Treasury
Division 1 - Help to Buy Act 2024
Help to Buy Act 2024
Items 1 and 2: Section 43 (heading) and section 43
248. These items make amendments that are contingent on the commencement of the Help to Buy Bill 2023. These items amend terminology. See explanation of general terminology changes above.
249. If enacted, clause 43 of the Help to Buy Bill 2023 will enable prescribed decisions of Housing Australia under the Bill to be reviewed by the Tribunal.
250. These items make technical amendments that do not otherwise affect the operation of the Help to Buy Bill 2023.
Division 2 - Schedule 1 to the Treasury Laws Amendment (Consumer Data Right) Act 2024
Competition and Consumer Act 2010
Items 3, 4, 5 and 6: Subsection 56BH(4), subsection 56BH(4) (note 1), subsection 56BHA(5) and subsection 56BHA(5) (note)
251. These items make amendments that are contingent on the commencement of the Treasury Laws Amendment (Consumer Data Right) Bill 2022. These items amend terminology. See explanation of general terminology changes above.
252. If enacted, the Treasury Laws Amendment (Consumer Data Right) Bill 2022 will amend the Competition and Consumer Act 2010. Subsection 56BH(4) of this Act, as amended, provides that the Competition and Consumer (Consumer Data Right) Rules 2020 must permit an application to be made to the Tribunal for review of both a decision, and also a refusal to make a decision, to vary, suspend, or revoke an accreditation. Subsection 56BH(5), as amended, provides for a similar requirement, but with regard to decisions to vary, suspend, or revoke the approval of a voluntary action service provider.
253. These items make technical amendments that do not otherwise affect the operation of the Competition and Consumer Act 2010.
Part 2 - Defence
Australian Naval Nuclear Power Safety Act 2024
Items 7, 8, 9 and 10: Subsection 38(9) (heading), subsection 38(9), subsection 144(6) (heading) and subsection 144(6)
Terminology changes
254. These items make amendments that are contingent on the commencement of the Australian Naval Nuclear Power Safety Bill 2023. These items amend terminology. See explanation of general terminology changes above.
255. If enacted, subclauses 38(9) and 144(6) provide for the types of decisions that are reviewable by the Tribunal. These items make technical amendments that do not otherwise affect the operation of the Australian Naval Nuclear Power Safety Bill 2023. Part 3 - Veterans' Affairs
Military Rehabilitation and Compensation Act 2004
Item 11: Subparagraph 353C(10)(b)(i)
Terminology changes
256. This item makes amendments that are contingent on the commencement of the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024. This item amends terminology. See explanation of general terminology changes above.
257. If enacted, the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024 will amend the Military Rehabilitation and Compensation Act 2004. New subsection 353C(10) of this Act, as amended, sets out the notice obligations of the Veterans' Review Board to inform review parties of their right of appeal to the Tribunal.
258. This item makes technical amendments that do not otherwise affect the operation of the Military Rehabilitation and Compensation Act 2004.
Item 12: Subparagraph 353C(10)(b)(ii)
Updating legislative references
259. This item makes amendments to the Military Rehabilitation and Compensation Act 2004 that are contingent on the commencement of the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024.
260. This item repeals and substitutes subparagraph 353C(10)(b)(ii) of the Military Rehabilitation and Compensation Act 2004 to update legislative references to section 28 and subsection 28(4) of the AAT Act with a reference to the equivalent provision in the ART Act, section 268.
261. Consistent with section 28 of the AAT Act, under section 268 of the ART Act, a person whose interests are affected by a decision may make a written request to the decision-maker to give the person a statement of reasons for the decision.
262. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if such a statement has already been given. Under the equivalent provision in the ART Act, the decision-maker may refuse the request if a statement of reasons has already been provided for the decision.
263. As amended, subparagraph 353C(10)(b)(ii) of the Military Rehabilitation and Compensation Act 2004 requires that notice of certain decisions under the Act include a statement that a party may request a statement of reasons for the decision.
264. This item makes technical amendments that do not otherwise affect the operation of the Military Rehabilitation and Compensation Act 2004.
Safety, Rehabilitation and Compensation (Defence related Claims) Act 1988
Item 13: Subsection 62(4) (note)
Terminology changes
265. This item makes amendments that are contingent on the commencement of the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024. This item amends terminology. See explanation of general terminology changes above.
266. If enacted, the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024 will amend the Safety, Rehabilitation and Compensation (Defence related Claims) Act 1988. The note to subsection 62(4) of this Act, as amended, provides that a determination by the Veterans' Review Board is reviewable by the Tribunal.
267. This amendment is technical in nature and ensures the note remains accurate.
Veterans' Entitlements Act 1986
Items 14 and 15: Subsection 134(2) (note) and subsection 174(1) (note)
Terminology changes
268. These items make amendments that are contingent on the commencement of the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024. These items amend terminology. See explanation of general terminology changes above.
269. If enacted, the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024 will amend the VE Act. The notes to subsections 134(2) and 174(1) of this Act, as amended, provide that a determination by the Veterans' Review Board is reviewable by the Tribunal.
270. These amendments are technical in nature and ensures the notes remain accurate.
Item 16: Subsection 176(1)
Repealing provisions no longer necessary
271. This item makes amendments that are contingent on the commencement of the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024.
272. This item repeals subsection 176(1) of the VE Act. Consequential Act 1 amended subsection 176(1) to reflect updated terminology and to clarify the meaning of the term 'decision-maker' where it is used in the ART Act.
273. If enacted, the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024 will make amendments that alter what constitutes a reviewable decision under the VE Act. As a result of these amendments, subsection 176(1) will be made redundant and can be repealed.
Item 17: Subsection 176(3)
Updating legislative references
274. This item makes amendments that are contingent on the commencement of the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024. If enacted, the Veterans' Entitlements, Treatment and Support (Simplification and Harmonisation) Bill 2024 will amend the VE Act.
275. This item updates a legislative reference to section 28 of the AAT Act with a reference to section 268 of the ART Act. Consistent with section 28 of the AAT Act, under section 268 of the ART Act, a person whose interests are affected by a decision may make a written request to the decision-maker to give the person a statement of reasons for the decision.
276. Subsection 176(3) of the VE Act, as amended, disallows persons from requesting reasons from the decision-maker for specified reviewable decisions, where the relevant notification provisions of the VE Act are met, and a copy of the decision and relevant statements have been given to the person.
277. This item makes technical amendments that do not otherwise affect the operation of the VE Act.
Part 4 - Social Services
National Disability Insurance Scheme Act 2024
Item 18: Subsection 32L(7) (note)
Terminology changes
278. This item makes an amendment that is contingent on the commencement of the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024. This item amends terminology. See explanation of general terminology changes above.
279. Section 32L of the National Disability Insurance Scheme Act 2024 relates to assessments of participants' need for supports. Subsection 32L(7) requires the Chief Executive Officer of the National Disability Insurance Agency (the CEO) to consider whether a replacement needs assessment report should be undertaken when deciding whether to approve a participant's statement of participant supports. If enacted, the note to subsection 32L(7) provides that the Tribunal has all the powers of the CEO when reviewing a decision, and must arrange a replacement needs assessment if they are satisfied it should be done.
280. This amendment is technical in nature and ensures the note remains accurate.
Part 5 - Agriculture, Fisheries and Forestry
Agriculture (Biosecurity Protection) Levies and Charges Act 2024
Items 19 and 20: Section 44 (heading) and Section 44
Terminology changes
281. These items make amendments that are contingent on the commencement of the Agriculture (Biosecurity Protection) Levies and Charges Bill 2024. These items amend terminology. See explanation of general terminology changes above.
282. If enacted, clause 44 of the Agriculture (Biosecurity Protection) Levies and Charges Bill 2024 will provide for the types of decisions that are reviewable by the Tribunal. These items make technical amendments that do not otherwise affect the operation of the Agriculture (Biosecurity Protection) Levies and Charges Bill 2024.