House of Representatives

Explanatory Memorandum

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

SCHEDULE 14 - TREASURY

OUTLINE

739. This Schedule contains consequential amendments to the following Acts in the Treasury portfolio:

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Banking Act 1959

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Financial Institutions Supervisory Levies Collection Act 1998

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Financial Sector (Collection of Data) Act 2001

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Insurance Acquisitions and Takeovers Act 1991

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Insurance Act 1973

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Life Insurance Act 1995

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Private Health Insurance (Prudential Supervision) Act 2015

•

Product Grants and Benefits Administration Act 2000

AMENDMENTS

General terminology changes

740. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the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 relevant provisions continue to operate in substantively the same way in the new Tribunal.

Banking Act 1959

Item 1: Paragraph 22A(5)(c)

Terminology change

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

Item 2: Section 51A (definition of decision )

Updating definition

742. 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 3: Subsection 51C(1)

Terminology change

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

Item 4: Subsection 51C(2)

Period for making applications for deemed decisions

744. This item amends subsection 51C(2) of the Banking Act 1959 to provide a time period for making an application for review for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period (a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed and ending 28 days after the day on which the decision is taken to be confirmed.

745. The subsection also stipulates that the timeframes for deemed decisions applies despite clause 18 of the ART Bill. Clause 18 of the ART Bill states that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

746. The amendment is technical in nature and ensures that subsection 51C(2) continues to operate in substantively the same way in the Tribunal.

Item 5: Subsection 51C(3)

Operation of decision despite request for internal review

747. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide the Tribunal's power to stay or otherwise affect the operation or implementation of a decision. In the absence of such an order, the decision under review continues to operate. Subsection 51C(3) provides that a request for internal review is taken to be an application to the Tribunal for review of the decision for the purposes of section 41 of the AAT Act.

748. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal may deal with that application under clause 32 of the ART Bill.

749. This amendment is technical in nature and ensures that subsection 51C(3) operates in substantively the same way in relation to the Tribunal.

Item 6: After subsection 51C(3)

Clarifying that only the Tribunal may make such orders

750. This item inserts a new subsection (4) to clarify that only the Tribunal (as opposed to a decision-maker) can make an order under subclause 32(2) of the ART Bill. This brings the provision into line with similar legislation in the Treasury portfolio which contain such a clarification, such as section 67 of the Insurance Acquisitions and Takeovers Act 1991.

Items 7, 8, 9 and 10: Paragraph 51D(1)(b) and subsection 51D(4)

Terminology changes

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

Financial Institutions Supervisory Levies Collection Act 1998

Item 11: Subsection 27(6)

Terminology change

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

Item 12: Subsection 27(7)

Period for making applications for deemed decisions

753. This item amends subsection 27(7) of the Financial Institutions Supervisory Levies Collection Act 1998 to provide a time period for making an application for review for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period (a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed and ending 28 days after the day on which the decision is taken to be confirmed.

754. The subsection also stipulates that the timeframes for deemed decisions applies regardless of clause 18 of the ART Bill. Clause 18 of the ART Bill provides that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

755. The amendment is technical in nature and ensures that subsection 27(7) continues to operate in substantively the same way in the Tribunal.

Item 13: Subsection 27(8)

Operation of decision despite request for internal review

756. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide the Tribunal's power to stay or otherwise affect the operation or implementation of a decision. In the absence of such an order, the decision under review continues to operate. Subsection 27(8) provides that a request for internal review is taken to be an application to the Tribunal for review of the decisions for the purposes of section 41 of the AAT Act.

757. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal can deal with the application under clause 32 of the ART Bill.

758. This amendment is technical in nature and ensures that subsection 27(8) operates in substantively the same way in relation to the Tribunal.

Item 14: Subsection 27(9)

Repealing provision no longer necessary

759. This item repeals subsection 27(9) which provides that review of decisions under section 27 of the Financial Institutions Supervisory Levies Collection Act 1998 must take place in private. Repealing this subsection has the effect that clauses 69 and 70 of the ART Bill will instead apply to review of these decisions. Clause 69 generally requires public hearings, except where practice directions or the Tribunal require the hearing to take place in private. Clauses 69 and 70 empower the Tribunal to give directions as to the persons who may be present and directions about non-publication and non-disclosure equivalent to those referred to in subsections 35(3) and (4) of the AAT Act.

Clarifying that only the Tribunal may make such orders

760. This item inserts a new subsection (9) to clarify that only the Tribunal (as opposed to a decision-maker) can make an order under subclause 32(2) of the ART Bill. This brings the provision into line with other similar legislation in the Treasury portfolio which contain such a clarification, such as section 67 of the Insurance Acquisitions and Takeovers Act 1991.

Items 15 and 16: Paragraph 28(1)(b) and subsection 28(2)

Terminology changes

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

Financial Sector (Collection of Data) Act 2001

Items 17 and 18: Paragraph 25A(2)(b)

Terminology changes

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

Item 19: Paragraphs 25C(3)(b) to (d)

Updating legislative reference and repealing provisions no longer necessary

763. This item repeals paragraphs 25C(3)(b), (c) and (d) which detail notification requirements for APRA decisions. Currently, notification requirements include:

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findings on material questions of fact

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any evidence or materials that were used in the findings

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APRA's reasons for confirming, revoking or varying the decision; and

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a statement outlining a person's rights to seek a reconsideration of decision and to make an application to the AAT for review.

764. New paragraph 25C(3)(b) provides that it must include a statement of reasons within the meaning of the ART Bill. This reflects that the term 'statement of reasons' is now defined in clause 4 of the ART Bill.

Items 20, 21 and 22: Subparagraph 25C(3)(e)(ii), section 25D (heading) and subsection 25D(1)

Terminology changes

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

Items 23 and 24: Subsection 25D(2) and paragraph 25D(2)(b)

Period for making applications for deemed decisions

766. This item amends subsection 25D(2) and paragraph 25D(2)(b) of the Financial Sector (Collection of Data) Act 2001 to provide a time period for reviews for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period ( a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed.

767. The subsection also stipulates that the timeframes apply despite clause 18 of the ART Bill. Clause 18 of the ART Bill provides that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

768. The amendment is technical in nature and ensures that subsection 25D(2), including paragraph 25D(2)(b), continues to operate in substantively the same way in the Tribunal.

Item 25: Subsection 25D(3)

Operation of decision despite request for internal review

769. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide the Tribunal's power to stay or otherwise affect the operation or implementation of a decision. In the absence of such an order, the decision under review continues to operate. Subsection 25D(3) provides that a request for internal review is taken to be an application to the Tribunal for review of the decisions for the purposes of section 41 of the AAT Act.

770. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal can deal with the application under clause 32 of the ART Bill.

771. This amendment is technical in nature and ensures that subsection 25D(3) operates in substantively the same way in relation to the Tribunal.

Item 26: Subsections 25D(4) and (5)

Repealing provision no longer necessary

772. This item repeals subsections 25D(4) and (5) which provide for the management of specific conflicts of interest of non-presidential members sitting as members of the AAT for certain proceedings. Repealing this section has the effect that the general duty in clause 218 of the ART Bill for all members of the Tribunal to disclose and manage conflicts of interest will apply to review of decisions made under the Financial Sector (Collection of Data) Act 2001.

773. Under clause 218 of the ART Bill, all members of the Tribunal have a general duty to disclose any actual or potential conflicts of interest to the President of the Tribunal. If a member has a conflict of interest, they must not take part in the proceeding or exercise any powers in relation to the proceeding unless the parties involved and the President have consented. Clause 219 also requires the President to keep a register of any conflict of interest disclosures made under clause 218.

Item 27: Subsection 25D(6)

Updating legislative references

774. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 41(2) of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in subclause 32(2) of the ART Bill. This amendment is technical in nature and ensures subsection 25D(6) of the Financial Sector (Collection of Data) Act 2001 continues to operate in the same way in the Tribunal.

Item 28: Section 31 (definition of decision)

Updating definition

775. 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.

Insurance Acquisitions and Takeovers Act 1991

Item 29 and 30: Section 67 (heading) and subsection 67(1)

Terminology changes

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

Item 31: Subsection 67(2)

Period for making applications for deemed decisions

777. This item amends subsection 67(2) of the Insurance Acquisitions and Takeovers Act 1991 to provide a time period for making an application for review for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period (a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed.

778. The subsection also stipulates that the timeframes applies regardless of clause 18 of the ART Bill. Clause 18 of the ART Bill provides that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

779. The amendment is technical in nature and ensures that subsection 67(2) continues to operate in substantively the same way in the Tribunal.

Item 32: Subsection 67(3)

Operation of decision despite request for internal review

780. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide the Tribunal's power to stay or otherwise affect the operation or implementation of a decision. In the absence of such an order, the decision under review continues to operate. Subsection 67(3) provides that a request for internal review is taken to be an application to the Tribunal for review of the decisions for the purposes of section 41 of the AAT Act.

781. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal can deal with the application under clause 32 of the ART Bill.

782. This amendment is a technical in nature and ensures that subsection 67(3) of the Insurance Acquisitions and Takeovers Act 1991 operates in substantively the same way in relation to the Tribunal.

Item 33: Subsection 67(5)

Repealing provision no longer necessary

783. This item repeals subsection 67(5) which provides for the management of specific conflicts of interest of non-presidential members sitting as members of the AAT for certain proceedings. Repealing this section has the effect that the general duty in clause 218 of the ART Bill for all members of the Tribunal to disclose conflicts of interest will apply to review of decisions made under the Insurance Acquisitions and Takeovers Act 1991.

784. Under clause 218 of the ART Bill, all members of the Tribunal have a general duty to disclose any actual or potential conflicts of interest to the President of the Tribunal. If a member has a conflict of interest, they must not take part in the proceeding or exercise any powers in relation to the proceeding unless the parties involved and the President have consented. Clause 219 also requires the President to keep a register of any conflict of interest disclosures made under clause 218.

Item 34: Subsection 67(6)

Updating legislative references

785. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 41(2) of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in subclause 32(2) of the ART Bill. This amendment is technical in nature and ensures subsection 67(6) of the Insurance Acquisitions and Takeovers Act 1991 continues to operate in substantively the same way in relation to the Tribunal.

Item 35: Subsection 67(7)

Repealing provision no longer necessary

786. This item repeals subsection 67(7), which provides the review of decisions under section 67 of the Insurance Acquisitions and Takeovers Act 1991 must take place in private. Repealing this subsection has the effect that clause 69 of the ART Bill will instead apply to decisions made under section 67.

787. Clause 69 generally requires public hearings, except where practice directions or the Tribunal requires the hearing to take place in private. Clause 69 empowers the Tribunal to give directions for the hearing, or part of the hearing, to take place in private and as to the persons who may be present equivalent to subsection 35(2) of the AAT Act.

Items 36 and 37: Paragraph 68(1)(b), Subsection 68(2)

Terminology changes

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

Insurance Act 1973

Item 38: Paragraph 26A(5)(c)

Terminology changes

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

Item 39: Subsection 63(1) (definition of decision )

Updating definition

790. 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 40: Subsection 63(7)

Terminology changes

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

Item 41: Subsection 63(8)

Period for making applications for deemed decisions

792. This item amends subsection 63(8) of the Insurance Act 1973 to provide a time period for making an application for review for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period (a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed.

793. The subsection also stipulates that the timeframes applies regardless of clause 18 of the ART Bill. Clause 18 of the ART Bill provides that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

794. The amendment is technical in nature and ensures that subsection 63(8) of the Insurance Act 1973 continues to operate in substantively the same way in the Tribunal.

Item 42: Subsection 63(9)

Operation of decision despite request for internal review

795. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide the Tribunal's power to stay or otherwise affect the operation or implementation of a decision. In the absence of such an order, the decision under review continues to operate. Subsection 63(9) provides that a request for internal review is taken to be an application to the Tribunal for review of the decisions for the purposes of section 41 of the AAT Act.

796. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal can deal with the application under clause 32 of the ART Bill.

797. This amendment is technical in nature and ensures that subsection 63(9) of the Insurance Act 1973 operates in substantively the same way in relation to the Tribunal.

Item 43: Subsections 63(12) and (12A)

Repealing provisions no longer necessary

798. This item repeals subsections 63(12) and (12A) of the Insurance Act 1973 which provide for the management of specific conflicts of interest of non-presidential members sitting as members of the AAT for certain proceedings. Repealing these provisions has the effect that the general duty in clause 218 of the ART Bill for all members of the Tribunal to disclose conflicts of interest will apply to review of decisions made under the Insurance Act 1973.

799. Under clause 218 of the ART Bill, all members of the Tribunal have a general duty to disclose any actual or potential conflicts of interest to the President of the Tribunal. If a member has a conflict of interest, they must not take part in the proceeding or exercise any powers in relation to the proceeding unless the parties involved and the President have consented. Clause 219 also requires the President to keep a register of any conflict of interest disclosures made under clause 218.

Item 44: Subsection 63(13)

Updating legislative references

800. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 41(2) of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in subclause 32(2) of the ART Bill. This amendment is technical in nature and ensures subsection 63(13) of the Insurance Act 1973 continues to operate in the same way in the Tribunal.

Items 45 and 46: Paragraph 64(1)(b), subsection 64(2)

Terminology changes

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

Item 47: Subparagraph 93(6)(c)(ii)

Terminology Changes

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

Updating legislative references

803. This item also updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 44 of the AAT Act prescribes the requirements for a party to make appeals of Tribunal decisions to the FCA on questions of law. This matter is prescribed in clause 172 of the ART Bill. This amendment is technical in nature and ensures subparagraph 93(6)(c)(ii) of the Insurance Act 1973 continues to operative substantively the same way in relation to the tribunal.

Life Insurance Act 1995

Item 48: Subsection 236(8)

Terminology changes

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

Item 49: Subsection 236(9)

Period for making applications for deemed decisions

805. This item amends subsection 236(9) of the Life Insurance Act 1995 to provide a time period for making an application for review for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period (a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed.

806. The subsection also stipulates that the timeframes applies regardless of clause 18 of the ART Bill. Clause 18 of the ART Bill provides that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

807. The amendment is technical in nature and ensures that subsection 236(9) of the Life Insurance Act 1995 continues to operate in substantively the same way in the Tribunal.

Item 50: Subsection 236(10)

Operation of decision despite request for internal review

808. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide the Tribunal's power to stay or otherwise affect the operation or implementation of a decision. In the absence of such an order, the decision under review continues to operate. Subsection 236(10) provides that a request for internal review is taken to be an application to the Tribunal for review of the decisions for the purposes of section 41 of the AAT Act.

809. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal can deal with the application under clause 32 of the ART Bill.

810. This amendment is technical in nature and ensures that subsection 236(10) of the Life Insurance Act 1995 operates in substantively the same way in relation to the Tribunal.

Item 51: Subsection 237(3)

Repealing provision no longer necessary

811. This item repeals subsection 237(3) of the Life Insurance Act 1995 which provides for the management of specific conflicts of interest of non-presidential members sitting as members of the AAT for certain proceedings. Repealing these provisions has the effect that the general duty in clause 218 of the ART Bill for all members of the Tribunal to disclose conflicts of interest will apply to review of decisions made under the Life Insurance Act 1995.

812. Under clause 218 of the ART Bill, all members of the Tribunal have a general duty to disclose any actual or potential conflicts of interest to the President of the Tribunal. If a member has a conflict of interest, they must not take part in the proceeding or exercise any powers in relation to the proceeding unless the parties involved and the President have consented. Clause 219 also requires the President to keep a register of any conflict of interest disclosures made under clause 218.

Item 52: Subsection 237(4)

Updating legislative references

813. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill.

814. Subsection 41(2) of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in subclause 32(2) of the ART Bill.

815. This amendment is technical in nature and ensures subsection 237(4) of the Life Insurance Act 1995 operates in substantively the same way in relation to the Tribunal.

Item 53: Paragraph 245C(5)(b)

Terminology changes

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

Private Health Insurance (Prudential Supervision) Act 2015

Items 54, 55 and 56: Paragraph 122(5)(c), subsection 168(7) (heading) and subsection 168(7)

Terminology changes

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

Item 57: Subsection 168(8)

Period for making applications for deemed decisions

818. This item amends subsection 168(8) of the Private Health Insurance (Prudential Supervision) Act 2015 to provide a time period for making an application for review for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period (a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed.

819. The subsection also stipulates that the timeframes applies regardless of clause 18 of the ART Bill. Clause 18 of the ART Bill provides that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

820. The amendment is technical in nature and ensures that subsection 168(8) of the Private Health Insurance (Prudential Supervision) Act 2015 continues to operate in substantively the same way in the Tribunal.

Item 58: Subsection 168(9)

Operation of decision despite request of internal review

821. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide that a decision that is subject to review by the Tribunal continues to operate, unless the Tribunal makes an order staying or otherwise affecting the operation or implementation of the decision. In the absence of such a provision, the decision under review continues to operate. Subsection 168(9) provides that a request for internal review is taken to be an application to the Tribunal for review of the decisions for the purposes of section 41 of the AAT Act.

822. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal can deal with the application under clause 32 of the ART Bill.

823. This amendment is technical in nature and ensures that subsection 168(9) of the Private Health Insurance (Prudential Supervision) Act 2015 operates in substantively the same way in relation to the Tribunal.

Item 59: At the end of section 168

Clarifying that only the Tribunal may make such orders

824. This item inserts a new subsection (10) to clarify that only the Tribunal (as opposed to a decision-maker) can make an order under subclause 32(2) of the ART Bill. This brings the provision into line with other analogous legislation in the Treasury portfolio which contain such a clarification, such as section 67 of the Insurance Acquisitions and Takeovers Act 1991.

Items 60 and 61: Paragraph 169(1)(b) and subsection 169(2)

Terminology changes

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

Product Grants and Benefits Administration Act 2000

Item 62: Subsection 24A(4) (paragraph (b) of the definition of decision to which this section applies )

Terminology changes

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