Explanatory Memorandum
(Circulated by authority of the Attorney-General, the Hon Mark Dreyfus KC MP)SCHEDULE 8 - FOREIGN AFFAIRS AND TRADE
OUTLINE
409. This Schedule contains consequential amendments to the following Acts in the Foreign Affairs and Trade portfolio:
- •
- Australian Passports Act 2005
- •
- Foreign Passports (Law Enforcement and Security) Act 2005
- •
- Nuclear Non-Proliferation (Safeguards) Act 1987
AMENDMENTS
General terminology changes
410. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the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.
Australian Passports Act 2005
Item 1: Section 48 (note)
Updating legislative references
411. This item updates legislative references to provisions of the AAT Act to instead refer to the equivalent provisions of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill.
412. Section 27B of the AAT Act provides that someone notifying an affected person under section 27A must have regard to any Code of Practice determined by the Attorney-General for that purpose. Clause 267 of the ART Bill provides that someone notifying an affected person must have regard to any rules prescribed for that purpose (rather than a 'Code of Practice').
413. These amendments are technical in nature and ensure the note to section 48 of the Australian Passports Act 2005 remains accurate.
Item 2: Subsection 48A(7) (heading)
Terminology change
414. This item amends terminology. See explanation of general terminology changes above.
Items 3 and 4: Subsection 48A(7) and subsection 48A(7) (note)
Updating legislative reference
415. These items update legislative references to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill. These amendments are technical in nature and ensure subsection 48A(7) and the note to subsection 48A(7) of the Australian Passports Act 2005 remain accurate.
Item 5: Subsection 49(4) (note)
Updating legislative references
416. This item updates legislative references to provisions of the AAT Act to instead refer to the equivalent provisions of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill.
417. Section 27B of the AAT Act provides that someone notifying an affected person under section 27A must have regard to any Code of Practice determined by the Attorney-General for that purpose. Clause 267 of the ART Bill provides that someone notifying an affected person must have regard to any rules prescribed for that purpose (rather than a 'Code of Practice').
418. These amendments are technical in nature and ensure the note to subsection 49(4) of the Australian Passports Act 2005 remains accurate.
Items 6 and 7: Section 50 (heading) and subsection 50(1)
Terminology changes
419. These items amend terminology. See explanation of general terminology changes above.
Item 8: Subsection 50(3)
Updating legislative reference
420. 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 43 of the AAT Act prescribes the types of decisions the Tribunal may make when reviewing a decision (for example to affirm the decision, vary it, set it aside and substitute a new decision, or remit the decision). This matter is prescribed in clause 105 of the ART Bill. This amendment is technical in nature and ensures subsection 50(3) of the Australian Passports Act 2005 continues to operate in substantively the same way in relation to the Tribunal.
Item 9: Subsection 50(3)
Terminology change
421. This item amends terminology. See explanation of general terminology changes above.
Item 10: Paragraph 50(3)(b)
Terminology change
422. This item amends terminology to reflect the drafting of the ART Bill. Paragraph 50(3)(b) refers to the Tribunal making a 'direction' when remitting a matter for reconsideration by the Minister. Under paragraph 163(2)(b) of the ART Bill, the Tribunal makes 'orders' when remitting the matter (rather than 'directions'). This amendment is technical in nature and ensures paragraph 50(3)(b) of the Australian Passports Act 2005 continues to operate in substantively the same way in relation to the Tribunal.
Foreign Passports (Law Enforcement and Security) Act 2005
Items 11 and 12: Subsection 16(7) and subsection 23(1)
Terminology changes
423. These items amend terminology. See explanation of general terminology changes above.
Item 13: Subsection 23(2)
Updating legislative reference
424. 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 27 of the AAT Act provides that a person whose interests are affected by a reviewable decision may apply to the Tribunal for review of the decision. This matter is prescribed in clause 17 of the ART Bill. This amendment is technical in nature and ensures subsection 23(2) of the Foreign Passports (Law Enforcement and Security) Act 2005 continues to operate in substantively the same way in relation to the Tribunal.
Item 14: Subsection 23(4)
Updating legislative reference
425. 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 43 of the AAT Act prescribes the types of decisions the Tribunal may make when reviewing a decision (for example to affirm the decision, vary it, set it aside and substitute a new decision, or remit the decision). This matter is prescribed in clause 105 of the ART Bill. This amendment is technical in nature and ensures subsection 23(4) of the Foreign Passports (Law Enforcement and Security) Act 2005 continues to operate in substantively the same way in relation to the Tribunal.
Item 15: Subsection 23(4)
Terminology changes
426. This item amends terminology. See explanation of general terminology changes above.
Item 16: Paragraph 23(4)(b)
Terminology change
427. This item amends terminology to reflect the drafting of the ART Bill. Paragraph 23(4)(b) refers to the Tribunal making a 'direction' when remitting a matter for reconsideration by the Minister. Under paragraph 163(2)(b) of the ART Bill, the Tribunal makes 'orders' when remitting the matter (rather than 'directions'). This amendment is technical in nature and ensures paragraph 23(4)(b) of the Foreign Passports (Law Enforcement and Security) Act 2005 continues to operate in substantively the same way in relation to the Tribunal.
Nuclear Non-Proliferation (Safeguards) Act 1987
Items 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27: Subsection 13(8), subsection 16(7), subsection 18(5), subsections 22(2), (4) and (5), subsection 22(10), and subsection 73(7)
Terminology changes
428. These items amend terminology. See explanation of general terminology changes above.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).
