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2004-2005
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
COMMONWEALTH RADIOACTIVE WASTE MANAGEMENT (RELATED AMENDMENT) BILL 2005
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Education, Science and
Training the Hon Dr Brendan Nelson MP)
COMMONWEALTH RADIOACTIVE WASTE MANAGEMENT (RELATED AMENDMENT) BILL 2005
OUTLINE
This Bill amends Schedule 1 to the Administrative Decisions (Judicial
Review) Act 1977 to include a reference to a decision to select a site for
a Commonwealth radioactive waste management facility made by the Minister
under Section 7 of the Commonwealth Radioactive Waste Management Act 2005.
The Bill has the effect of adding the Commonwealth Radioactive Waste
Management Act 2005 to the classes of decisions that are not decisions to
which the Administrative Decisions (Judicial Review) Act 1977 applies.
FINANCIAL IMPACT
The related amendments in this Bill will, among other things, preclude any
possibility of financial implications, or net effects on the Budget by
avoiding potential legal challenges to Ministers decision making power in
selecting a site for a Commonwealth Radioactive Waste Management Facility.
COMMONWEALTH RADIOACTIVE WASTE MANAGEMENT (RELATED AMENDMENT) BILL 2005
NOTES ON CLAUSES
Part 1-Preliminary
Clause 1 - Short title
Provides for the Act to be cited as the Commonwealth Radioactive Waste
Management (Related Amendment) Act 2005.
Clause 2 - Commencement
Subclause 2(1) inserts a three column table setting out commencement
information for various provisions in the Act. Each provision of the Act
specified in column 1 of the table commences (or is taken to have
commenced) in accordance with column 2 of the table and any other statement
in column 2 has effect according to its terms.
The table has the effect of providing for sections 1 to 3 of the Act to
commence on Royal Assent and for Schedule 1 to commence at the same time as
the Commonwealth Radioactive Waste Management Act 2005 commences.
Subclause 2(2) provides that column 3 of the table is for additional
information which may be added to or edited in any published version of the
Act but that information in this column is not part of the Act.
Clause 3 - Schedule(s)
Provides that each Act that is specified in a Schedule is amended or
repealed as set out in the applicable items in the Schedule and that any
other item in a Schedule has effect according to its terms.
Schedule 1-Amendment
Administrative Decisions (Judicial Review) Act 1977
Item 1 At the end of Schedule 1
Inserts a new paragraph (zc) in Schedule 1 to the Act which has the effect
of adding a declaration under section 7 of the Commonwealth Radioactive
Waste Management Act 2005 to the classes of decisions that are not
decisions to which the Administrative Decisions (Judicial Review) Act 1977
applies.