Explanatory Memorandum
(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)Schedule 1 - Amendment of the Administrative Appeals Tribunal Act 1975
12. Item 1 repeals paragraph 49(1)(d) and substitutes a new paragraph 49(1)(d). The new paragraph permits the size of the Council to be increased by regulations.
13. Item 2 repeals section 50 and substitutes a new section 50 which clarifies the qualifications required of persons who may be appointed as a member of the Council.
Item 3 - At the end of paragraphs 51(1)(a), (b), (c), (e) and (f)
14. Item 3 inserts the word 'and' to correct punctuation.
Item 4 - Before paragraph 51(1)(a)
15. Item 4 inserts paragraphs (aa) and (ab) to clarify the functions and powers of the Council.
16. Item 5 repeals paragraph 51(1)(d) and substitutes a new paragraph to clarify the functions and powers of the Council.
17. Item 6 repeals paragraph 51(1)(g) and substitutes paragraphs 51(1)(g), (h) and (i) to clarify the functions and powers of the Council.
Item 7 - At the end of section 51
18. Item 7 adds a new subsection 51(3) to clarify the functions and powers of the Council.
19. Item 8 inserts three new sections to further clarify the functions and powers of the Council.
20. A new section 51A will enable the Minister to give written directions to the Council in respect of the Council's performance of its functions or the exercise of its powers.
21. A new section 51B will enable the Minister to refer matters to the Council for inquiry and report.
22. A new section 51C will require the Council to prepare and give to the Minister a report at the conclusion of a Council project, or the conclusion of the Council's inquiry into a matter referred by the Minister. The Minister will be required to table such reports in both Houses of the Parliament within 15 sitting days of that House after the report is received by the Minister.
23. Item 9 omits the expression 'An appointed member' and substitutes 'Subject to this section, an appointed member'. This amendment, together with Item 10, provides for the appointment of members to the Administrative Review Council for the purpose of a particular project.
Item 10 - At the end of section 52
24. Item 10 adds two new subsections 52(2) and (3) to provide for the appointment of members to the Administrative Review Council for the purpose of a particular project.
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