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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Law
and Justice Legislation Amendment Bill
2004
No. ,
2004
(Attorney-General)
A
Bill for an Act to amend various Acts relating to law and justice, and for
related purposes
Contents
Aboriginal and Torres Strait Islander Commission Act
1989 5
Administrative Decisions (Judicial Review) Act
1977 5
Admiralty Act
1988 5
Australian Crime Commission Act
2002 5
Australian Human Rights Commission Act
1986 6
Bankruptcy Act
1966 6
Crimes Act
1914 6
Director of Public Prosecutions Act
1983 7
Evidence Act
1995 7
Federal Court of Australia Act
1976 8
Foreign Proceedings (Excess of Jurisdiction) Act
1984 8
Freedom of Information Act
1982 9
Human Rights and Equal Opportunity Commission Act
1986 10
Industrial Relations (Consequential Provisions) Act
1988 10
International Arbitration Act
1974 11
Judiciary Act
1903 11
Law Officers Act
1964 11
Legislative Instruments Act
2003 11
Native Title Act
1993 12
Public Order (Protection of Persons and Property) Act
1971 13
Statutory Declarations Act
1959 13
Workplace Relations Act
1996 13
A Bill for an Act to amend various Acts relating to law
and justice, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Law and Justice Legislation Amendment Act
2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 2 |
Column 3 |
|
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1, item 1 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
|
3. Schedule 1, item 2 |
Immediately after the commencement of item 1 of Schedule 6 to the
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act
2002. |
1 January 2003 |
|
4. Schedule 1, items 3 to 9 |
The day after this Act receives the Royal Assent. |
|
|
5. Schedule 1, item 10 |
The day after this Act receives the Royal Assent. However, the provision(s) do not commence at all if item 1 of
Schedule 1 to the Act introduced into Parliament as the Australian Human
Rights Commission Legislation Bill 2003 does not commence on or before the day
on which this Act receives the Royal Assent. |
|
|
6. Schedule 1, items 11 and 12 |
The day after this Act receives the Royal Assent. |
|
|
7. Schedule 1, item 13 |
Immediately after the commencement of item 17 of Schedule 1 to
the Measures to Combat Serious and Organised Crime Act 2001. |
12 October 2001 |
|
8. Schedule 1, items 14 to 37 |
The day after this Act receives the Royal Assent. |
|
|
9. Schedule 1, item 38 |
The day after this Act receives the Royal Assent. However, the provision(s) do not commence at all if item 1 of
Schedule 1 to the Act introduced into Parliament as the Australian Human
Rights Commission Legislation Bill 2003 commences on or before the day on which
this Act receives the Royal Assent. |
|
|
10. Schedule 1, item 39 |
31 August 1998. |
31 August 1998 |
|
11. Schedule 1, items 40 to 45 |
The day after this Act receives the Royal Assent. |
|
|
12. Schedule 1, items 46 to 50 |
Immediately after the commencement of section 3 of the Legislative
Instruments Act 2003. |
|
|
13. Schedule 1, items 51 to 54 |
The day after this Act receives the Royal Assent. |
|
|
14. Schedule 1, items 55 and 56 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
|
15. Schedule 1, items 57 to 59 |
The day after this Act receives the Royal Assent. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Aboriginal and Torres
Strait Islander Commission Act 1989
1 Subclause 28(1) of
Schedule 4
Omit “, the forms to be used and the fees to be paid by
parties”, substitute “and the forms to be used”.
Administrative Decisions
(Judicial Review) Act 1977
2 Paragraph (z) of Schedule 1 (the
paragraph (z) inserted by item 1 of Schedule 6 to the Proceeds
of Crime (Consequential Amendments and Transitional Provisions) Act
2002)
Reletter as paragraph (ya).
3 Paragraph (k) of
Schedule 2
Omit “Aboriginal and Torres Strait Islander Commercial Development
Corporation”.
4 Paragraph (k) of
Schedule 2
Omit “Housing Loans Insurance Corporation;”, substitute
“Indigenous Business Australia;”.
5 Subsection 3(1) (definition of Civil Liability
Convention)
Repeal the definition, substitute:
Civil Liability Convention has the same meaning as the
Convention has in the Protection of the Sea (Civil Liability) Act
1981.
Australian Crime Commission
Act 2002
6 Schedule 2
Omit “Australian Shipping Commission”.
7 Schedule 2
Omit “Housing Loans Insurance Corporation”.
8 Schedule 2
Omit “Pipeline Authority”.
9 Schedule 2
Omit “Superannuation Fund Investment Trust”.
Australian Human Rights
Commission Act 1986
10 Subsection 36(10)
Omit “subsection (1)”, substitute
“subsection (2) or (3)”.
Note: If item 1 of Schedule 1 to the Bill
introduced into Parliament as the Australian Human Rights Commission Legislation
Bill 2003 has not commenced on or before the day on which this Act receives the
Royal Assent, then this item does not commence at all (see item 5 of the
table in subsection 2(1)).
11 After paragraph 262(2)(b)
Insert:
(ba) an employee of the Commonwealth who is:
(i) authorised under paragraph 3(c) of the Consular Fees Act 1955;
and
(ii) exercising his or her function in that place;
(bb) an employee of the Australian Trade Commission who is:
(i) authorised under paragraph 3(d) of the Consular Fees Act 1955;
and
(ii) exercising his or her function in that place;
12 Paragraph 262(2)(d)
Omit “paragraph (aa), (a), (b) or (c)”, substitute
“any of paragraphs (aa) to (c)”.
13 Paragraph 15H(c)
Omit “subsection 15I(1) or (3)”, substitute “subsection
15I(1) or (2)”.
Director of Public
Prosecutions Act 1983
14 Subsection 15(3) (definition of relevant
proceedings)
Repeal the definition.
15 Subsection 32(1)
Repeal the subsection, substitute:
(1) The Director may arrange with the Chief Executive Officer of the AGS
for the AGS to perform or exercise, in a State or Territory, all or any of the
Director’s functions or powers under this Act:
(a) in the name of the Director; and
(b) subject to such conditions and restrictions as are specified in the
arrangement.
If such an arrangement is made, the AGS may perform or exercise those
functions or powers accordingly.
16 Paragraph 33A(b)
Omit “an officer of the Attorney-General’s Department who is a
person referred to in subparagraph 32(1)(b)(ii) and is a legal
practitioner”, substitute “an AGS lawyer (within the meaning of
section 55I of the Judiciary Act 1903) authorised in writing by the
Chief Executive Officer of the AGS (within the meaning of Part VIIIB of
that Act)”.
17 Subsection 171(3) (paragraph (a) of the
definition of authorised person)
Repeal the paragraph, substitute:
(a) if the evidence is given at a place outside Australia:
(i) an Australian Diplomatic Officer, or an Australian Consular Officer,
within the meaning of the Consular Fees Act 1955, exercising his or her
function in that place; or
(ii) an employee of the Commonwealth, authorised under paragraph 3(c) of
the Consular Fees Act 1955, exercising his or her function in that place;
or
(iii) an employee of the Australian Trade Commission, authorised under
paragraph 3(d) of the Consular Fees Act 1955, exercising his or her
function in that place; or
Federal Court of Australia
Act 1976
18 Paragraph 20(5)(d)
Repeal the paragraph, substitute:
(d) make an order that the matter be dismissed for:
(i) failure to comply with a direction of the Court; or
(ii) failure of the applicant to attend a hearing relating to the matter;
or
(da) vary or set aside an order under paragraph (c) or (d);
or
19 Paragraph 25(2B)(bb)
Repeal the paragraph, substitute:
(bb) make an order that an appeal to the Court be dismissed for:
(i) failure to comply with a direction of the Court; or
(ii) failure of the appellant to attend a hearing relating to the appeal;
or
(bc) vary or set aside an order under paragraph (ba) or (bb);
or
20 Application of items 18 and
19
(1) The amendment made by item 18 applies to matters commenced on or
after the day on which that item commences.
(2) The amendment made by item 19 applies to appeals commenced on or
after the day on which that item commences.
Foreign Proceedings (Excess
of Jurisdiction) Act 1984
21 Subsection 3(1) (definition of foreign
court)
Omit “but does not include the Judicial Committee of the Privy
Council in the exercise of jurisdiction in respect of appeals from any court in
Australia”.
22 Subsection 8(3)
Omit “subsection (1)” (wherever occurring), substitute
“subsection (2)”.
Freedom of Information Act
1982
23 Subsection 4(1) (definition of
request)
Omit “in accordance with”, substitute
“under”.
24 Subsection 45(1)
Omit “other than the Commonwealth”, substitute “(other
than an agency or the Commonwealth)”.
25 Schedule 1
Omit “Coal Industry Tribunal or any other Tribunal, authority or body
appointed in accordance with Part V of the Coal Industry Act
1946.”.
26 Part I of
Schedule 2
Omit “Housing Loans Insurance Corporation”.
27 Part I of
Schedule 2
Omit “National Debt Commission”.
28 Part I of
Schedule 2
Omit “Pipeline Authority”.
29 Part II of
Schedule 2
Omit “Aboriginal and Torres Strait Islander Commercial Development
Corporation, in relation to documents in respect of its commercial
activities”.
30 Part II of
Schedule 2
Insert in its appropriate alphabetical position, determined on a
letter-by-letter basis:
|
Indigenous Business Australia, in relation to documents in respect of its
commercial activities |
31 Part III of
Schedule 2
Omit “Australian Meat and Live-stock Corporation Act
1977”.
32 Part III of
Schedule 2
Omit “Australian Wool Corporation Act 1991”.
33 Part III of
Schedule 2
Omit “Australian Wool Realisation Commission Act
1991”.
34 Part III of
Schedule 2
Omit “Fishing Industry Research and Development Act
1987”.
35 Part III of
Schedule 2
Omit “Meat Research Corporation Act 1985”.
36 Part III of
Schedule 2
Omit “Rural Industries Research Act 1985”.
37 Schedule 3
Omit “Social Security Act 1991, subsections 1312(1) and
1336(3)”.
Human Rights and Equal
Opportunity Commission Act 1986
38 Subsection 36(10)
Omit “subsection (1)”, substitute
“subsection (2) or (3)”.
Note: If item 1 of Schedule 1 to the Bill
introduced into Parliament as the Australian Human Rights Commission Legislation
Bill 2003 commences on or before the day on which this Act receives the Royal
Assent, then this item does not commence at all (see item 9 of the table in
subsection 2(1)).
Industrial Relations
(Consequential Provisions) Act 1988
39 Section 79
Repeal the section, substitute:
(1) Despite the repeal of the Conciliation and Arbitration Act
1904, the Australian Industrial Court is taken to continue in existence
until 31 August 1998 as if that Act had not been repealed.
(2) At the end of that day, the Australian Industrial Court ceases to
exist.
Note: The last remaining judge of the Australian Industrial
Court resigned on 31 August 1998.
International Arbitration
Act 1974
40 Subsection 2(1)
Omit “2, 3 and 4”, substitute “2 and 3”.
41 Section 4
Repeal the section.
42 Subsection 10(2)
Omit “in accordance with section 4”.
43 Subsection 55U(3)
Repeal the subsection.
44 Section 13
Repeal the section, substitute:
The Solicitor-General, in his or her official capacity:
(a) is entitled to practise as a barrister:
(i) in a federal court or in a court of a State or Territory; or
(ii) in a tribunal of the Commonwealth, a State or a Territory;
and
(b) is entitled to all the rights and privileges of a barrister in that
court or tribunal;
whether or not he or she would, but for this section, be entitled to
practise in that court or tribunal.
45 Subsection 17(6)
Omit “Telephonic Communications (Interception) Act
1960”, substitute “Telecommunications (Interception) Act
1979”.
Legislative Instruments Act
2003
46 Subsection 7(1) (table
item 20)
Omit “persons, as members”, substitute “persons as
members”.
47 Subsection 7(2)
Repeal the subsection, substitute:
(2) The inclusion of a kind of instrument in the table in
subsection (1) does not imply that an instrument of that kind would be a
legislative instrument if it were not included in the table.
48 Subparagraphs 42(2)(b)(i) and
(3)(c)(i)
Omit “, the motion has not been called on, and the House has not
passed a resolution deferring its consideration”, substitute “and
the motion has not been called on”.
49 At the end of
section 44
Add:
(3) The inclusion of a kind of instrument in the table in
subsection (2) does not imply that every instrument of that kind is a
legislative instrument.
50 At the end of
section 54
Add:
(3) The inclusion of a kind of instrument in the table in
subsection (2) does not imply that every instrument of that kind is a
legislative instrument.
51 Subsection 187(2)
Repeal the subsection.
52 Subsection 194(2)
Repeal the subsection.
53 Subsection 199D(2)
Repeal the subsection.
Public Order (Protection of
Persons and Property) Act 1971
54 Section 13A (definition of court
premises)
Repeal the definition, substitute:
court premises, in relation to a court, means any premises
occupied or used (whether permanently or temporarily or under a lease or
otherwise) in connection with the sittings, or any other operations, of the
court.
Statutory Declarations Act
1959
55 Paragraph 8(a)
Omit “the form in the Schedule”, substitute “the
prescribed form”.
56 The Schedule
Repeal the Schedule.
57 At the end of
section 415
Add:
(3) Subsection (1) does not, in relation to matters referred to in
that subsection, require the jurisdiction of the Court to be exercised by a Full
Court to:
(a) join or remove a party; or
(b) make an order (including an order for costs) by consent disposing of a
matter; or
(c) make an order that a matter be dismissed for want of prosecution;
or
(d) make an order that a matter be dismissed for:
(i) failure to comply with a direction of the Court; or
(ii) failure of the applicant to attend a hearing relating to the matter;
or
(e) vary or set aside an order under paragraph (c) or (d);
or
(f) give directions about the conduct of a matter, including directions
about:
(i) the use of written submissions; and
(ii) limiting the time for oral argument.
(4) The Rules of Court may make provision enabling the powers mentioned in
subsection (3) to be exercised, subject to conditions prescribed by the
Rules, without an oral hearing.
58 Subsection 340(3) of
Schedule 1B
Repeal the subsection, substitute:
(3) Subsection (1) does not, in relation to matters referred to in
that subsection, require the jurisdiction of the Court to be exercised by a Full
Court to:
(a) join or remove a party; or
(b) make an order (including an order for costs) by consent disposing of a
matter; or
(c) make an order that a matter be dismissed for want of prosecution;
or
(d) make an order that a matter be dismissed for:
(i) failure to comply with a direction of the Court; or
(ii) failure of the applicant to attend a hearing relating to the matter;
or
(e) vary or set aside an order under paragraph (c) or (d);
or
(f) give directions about the conduct of a matter, including directions
about:
(i) the use of written submissions; and
(ii) limiting the time for oral argument.
(4) The Rules of Court may make provision enabling the powers mentioned in
subsection (3) to be exercised, subject to conditions prescribed by the
Rules, without an oral hearing.
59 Application of items 57 and
58
The amendments made by items 57 and 58 apply to matters commenced on
or after the day on which those items commence.