House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Hon Mark Dreyfus KC MP)

SCHEDULE 7 - FINANCE

OUTLINE

358. This Schedule contains consequential amendments to the following Acts in the Finance portfolio:

•

Commonwealth Electoral Act 1918

•

Judges' Pension Act 1968

•

Lands Acquisition Act 1989

•

Parliamentary Contributory Superannuation Act 1948

AMENDMENTS

General terminology changes

359. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the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 the new Tribunal.

Commonwealth Electoral Act 1918

Items 1, 2, 3, and 4: Paragraph 104(9)(a), subsection 120(5) (note), section 121 (heading) and subsection 121(1)

Terminology changes

360. These items amend terminology. See explanation of general terminology changes above.

Item 5: Subsection 121(2)

Updating definition

361. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Item 6: Section 127

Terminology change

362. This item amends terminology. See explanation of general terminology changes above

Item 7: Subsection 141(1) (definition of decision )

Updating definition

363. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 8, 9, 10, 11, 12 and 13: Subsection 141(5), subsection 141(6), paragraph 141(8)(b), subsection 141(9), section 202AK (heading) and section 202AK

Terminology changes

364. These items amend terminology. See explanation of general terminology changes above.

Judges' Pension Act 1968

Item 14: Section 4 (subparagraph (b)(ii) of the definition of period of exempt service )

Updating definition

365. This item updates the definition of period of exempt service in section 4 of the Judges' Pension Act 1968. This item is consequential to the abolition of the AAT, updating the reference from persons who are presidential members of the AAT, to persons who were presidential members of the former AAT.

Item 15: Section 17A

Terminology change

366. This item amends terminology. See explanation of general terminology changes above.

Item 16: Paragraph 20(2)(b)

Repeal and update provision

367. This item is consequential to the abolition of the AAT, and makes technical amendments to ensure paragraph 20(2)(b) of the Judges' Pension Act 1968 continues to operate in substantively the same way in relation to the Tribunal.

368. Under subsection 20(2) of the Judges' Pension Act 1968, the Secretary of the Department, in the capacity of trustee of the Scheme for the purposes of the Superannuation Contributions Tax (Assessment and Collection) Act 1997, can delegate any or all of their functions and powers in relation to the presidential members of the AAT to any officer of the AAT or any member of the staff of the AAT. This item updates the provision so these functions and powers can be delegated to the Chief Executive Officer and Principal Registrar, or any staff member (within the meaning of clause 4 of the ART Bill), of the new Tribunal.

369. This item also repeals the reference to 'officer of the Tribunal', which referred to a defined term in the AAT Act. This term does not exist in the ART Bill so the reference is no longer necessary.

Lands Acquisition Act 1989

Items 17, 18, and 19: Section 6 (definition of Tribunal ), paragraph 22(6)(b) and subsection 28(1)

Terminology changes

370. These items amend terminology. See explanation of general terminology changes above.

Item 20: Subsections 28(3) to (5)

Repealing provisions no longer necessary

371. This item repeals subsections 28(3), (4) and (5) of the Lands Acquisition Act 1989. These subsections provide the manner and timeframe for making an application for review of a decision to confirm, vary or revoke a pre-acquisition declaration.

372. Clause 18 of the ART Bill provides that the rules may provide the time limit for an application to the Tribunal, but that this cannot be less than 28 days after the day the decision is made. Clause 34 of the ART Bill provides that the manner of applying and the required content of the application will be set out in practice directions.

373. Repealing these subsections has the effect that the time limit for applying for review prescribed under clause 18 and the manner of applying for review under clause 34 of the ART Bill would instead apply to decisions made under section 27 of the Lands Acquisition Act 1989. Repealing the subsections maintains consistency and harmonises timeframes for applying for review of a decision.

Extension of time to apply

374. Subsection 28(5) of the Lands Acquisition Act 1989 provides that the Tribunal can only agree to an extension of the period of time in subsection 28(4) before the end of that period. This is because the government requires certainty as to when land that is the subject of a pre-acquisition determination can be acquired. This item repeals subsection 28(5) and replaces it with a new subsection 28(3). New subsection 28(3) provides that, despite subclauses 19(2) and 19(3) of the ART Bill, the Tribunal must not extend the period of time within which a person may apply for review of a decision to confirm, vary or revoke a pre-acquisition declaration after the period expires. This amendment is technical in nature and ensures that extensions of time for these kinds of decisions continue to operate in substantively the same way in the Tribunal.

Items 21, 22 and 23: Section 29 (heading) and subsection 29(1)

Terminology changes

375. These items amend terminology. See explanation of general terminology changes above.

Item 24: Subsection 29(2)

Updating legislative references

376. This item is consequential to items 22 and 23 above and updates the legislative references from provisions of the AAT Act to instead refer to the equivalent provisions of the ART Bill. Subsection 29(2) currently provides that sections 27, 29, 41 and subsection 43(1) of the AAT Act do not apply in relation to an application to the AAT for review of a pre-acquisition declaration.

377. Section 27 of the AAT Act specifies who may apply to the Tribunal for review and section 29 prescribes the manner for applying to the Tribunal for review. Subsection 29(2) of the Lands Acquisition Act 1989 excludes these sections for pre-acquisition declaration decisions because such matters are dealt with, respectively, by subsection 22(10) and section 26 of the Lands Acquisition Act 1989. Reference to sections 27 and 29 of the AAT Act are replaced by a reference to clause 17 of the ART Bill.

378. Reference to section 41 of the AAT Act, which provides for the operation and implementation of a decision that is subject to a review, is replaced by a reference to clause 32 of the ART Bill.

379. Reference to section 43(1) of the AAT Act which provides that, for the purposes of reviewing a decision, the Tribunal may exercise all the powers and discretions that are conferred by any relevant enactment on the person who made the decision and shall make a decision in writing, is replaced by a reference to clauses 54 and 105 of the ART Bill.

380. Clause 105 of the ART Bill prescribes that the Tribunal must affirm, vary, set aside and substitute or set aside and remit reviewable decisions. This amendment ensures the Tribunal shall, when reviewing a pre-acquisition declaration, make a recommendation to the Minister that a declaration be confirmed, revoked or varied. This amendment is technical in nature and ensures subsection 29(2) of the Lands Acquisition Act 1989 continues to operate in substantively the same way in relation to the Tribunal.

Items 25 and 26: Subsection 30(1) and subsection 31(1)

Terminology changes

381. These items amend terminology. See explanation of general terminology changes above.

Item 27: Paragraph 31(1)(g)

Updating legislative references

382. Item 27 updates references to the AAT Act in paragraph 31(1)(g) of the Lands Acquisition Act 1989. This paragraph requires matters contained in a statement of reasons given to the applicant or Tribunal under the AAT Act to be considered by the Tribunal in a review. This item updates the references to various provisions relating to statements of reasons in the AAT Act to the equivalent provisions in the ART Bill.

383. These amendments are technical in nature and ensure paragraph 31(1)(g) of the Lands Acquisition Act 1989 continues to operate in substantively the same way in relation to the Tribunal.

Items 28, 29, 30, 31, 32, 33, and 34: Section 33 (heading), subsection 33(1), paragraphs 43(4)(a) and (5)(a), subsection 47(6), section 71(heading), subsection 71(1) and subsection 71(2)

Terminology changes

384. These items amend terminology. See explanation of general terminology changes above.

Item 35: Subsection 71(3)

Updating legislative reference

385. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 29 of the AAT Act prescribes the manner of applying for review to the Tribunal, including the time in which an application for review must be made. This matter is prescribed in clause 18 of the ART Bill. Subsection 71(3) of the Lands Acquisition Act 1989 provides that the timeframe requirements in clause 18 of the ART Bill do not apply.

386. Section 29 of the AAT Act is excluded to allow for a longer lodgement timeframe for applications for review of decisions about claims for compensation made under the Lands Acquisition Act 1989. The longer timeframe accommodates the complexity of compensation claims made under that Act. The amendment retains the lengthened timeframe and substitutes '3 months' with '90 days' for clarity and harmonisation of lodgement timeframes across different portfolios.

387. This amendment is technical in nature and ensures subsection 71(3) of the Lands Acquisition Act 1989 continues to operate in substantively the same way in relation to the Tribunal.

Item 36: Paragraphs 72(1)(b) and 74(1)(a)

Terminology changes

388. This item amends terminology. See explanation of general terminology changes above.

Item 37: Paragraph 74(1)(a)

389. This item updates terminology and timeframes for consistency with those referred to in the proposed amendment to subsection 71(3) of the Lands Acquisition Act 1989 by item 35.

Items 38, 39 and 40: Section 81 (heading), subsection 81(1) and subsection 81(2)

Terminology changes

390. These items amend terminology. See explanation of general terminology changes above.

Item 41: Subsection 81(3)

Updating legislative reference

391. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 29 of the AAT Act prescribes the manner of applying for review to the Tribunal, including the time in which an application for review must be made. This matter is prescribed in clause 18 of the ART Bill. Subsection 81(3) of the Lands Acquisition Act 1989 provides that the timeframe requirements in clause 18 of the ART Bill do not apply.

392. Section 29 of the AAT Act is excluded to allow for a longer lodgement timeframe for applications for review of decisions about a final offer of compensation made under the Lands Acquisition Act 1989. The longer timeframe accommodates the complexity of compensation claims made under that Act, which retains the lengthened timeframe and substitutes '3 months' with '90 days' for clarity and harmonisation of lodgement timeframes across different portfolios.

393. This amendment is technical in nature and ensures subsection 81(3) of the Lands Acquisition Act 1989 continues to operate in substantively the same way in relation to the Tribunal.

Items 42, 43, 44 and 45: Paragraph 87(2)(c), section 99 (heading), subsection 99(1) and subsection 99(2)

Terminology changes

394. These items amend terminology. See explanation of general terminology changes above.

Item 46: Subsection 99(3)

Updating legislative reference

395. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 29 of the AAT Act prescribes the manner of applying for review to the Tribunal, including the time in which an application for review must be made. This matter is prescribed in clause 18 of the ART Bill. Subsection 99(3) of the Lands Acquisition Act 1989 provides that the timeframe requirements in clause 18 of the ART Bill do not apply.

396. Section 29 of the AAT Act is excluded to allow for a longer lodgement timeframe for applications for review of decisions about claims for compensation made under the Lands Acquisition Act 1989. The longer timeframe accommodates the complexity of compensation claims made under that Act, which retains the lengthened timeframe and substitutes '3 months' with '90 days' for clarity and harmonisation of lodgement timeframes across different portfolios.

397. This amendment is technical in nature and ensures subsection 99(3) of the Lands Acquisition Act 1989 continues to operate in substantively the same way in relation to the Tribunal.

Items 47, 48, 49 and 50: Paragraph 100(1)(b), section 107 (heading), subsection 107(1), and subsection 107(2)

Terminology changes

398. These items amend terminology. See explanation of general terminology changes above.

Item 51: Subsection 107(3)

Updating legislative reference

399. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 29 of the AAT Act prescribes the manner of applying for review to the Tribunal, including the time in which an application for review must be made. This matter is prescribed in clause 18 of the ART Bill. Subsection 107(3) of the Lands Acquisition Act 1989 provides that the timeframe requirements in clause 18 of the ART Bill do not apply.

400. Section 29 of the AAT Act is excluded to allow for a longer lodgement timeframe for applications for review of decisions about a final offer of compensation made under the Lands Acquisition Act 1989. The longer timeframe accommodates the complexity of compensation claims made under that Act, which retains the lengthened timeframe and substitutes '3 months' with '90 days' for clarity and harmonisation of lodgement timeframes across different portfolios.

401. This amendment is technical in nature and ensures subsection 107(3) of the Lands Acquisition Act 1989 continues to operate in substantively the same way in relation to the Tribunal.

Items 52, 53, 54, 55 and 56: Subsection 121(5), subsection 121(6), subsections 121(7) and 129(2), section 131 (heading), and subsection 131(1)

Terminology changes

402. These items amend terminology. See explanation of general terminology changes above.

Items 57 and 58: Subsection 131(1) and subsection 131(2)

Updating legislative references

403. Item 57 updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 30(1A) of the AAT Act provides that following application for review of a decision to the Tribunal, any persons whose interests are affected by the decision may apply to be a party to the proceedings. This matter is prescribed in paragraph 22(1)(c) of the ART Bill.

404. Item 58 updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Paragraph 42B(1)(a) of the AAT Act provides that the Tribunal may dismiss an application for review of a decision, at any stage of the proceedings, if the Tribunal is satisfied that the application is frivolous, vexatious, misconceived or lacking in substance. This matter is prescribed in paragraph 101(1)(a) of the ART Bill.

405. These amendments are technical in nature and ensure subsections 131(1) and 131(2) of the Lands Acquisition Act 1989 continue to operate in substantively the same way in relation to the Tribunal.

Item 59: Paragraph 139(2)(d)

Terminology change

406. This item amends terminology. See explanation of general terminology changes above

Parliamentary Contributory Superannuation Act 1948

Item 60: Subsection 25(1) (definition of decision )

Updating definition

407. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Item 61: Subsection 25(6)

Terminology change

408. This item amends terminology. See explanation of general terminology changes above.