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Legislation Further Amendment Bill
1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
(a) to amend the Administrative Decisions Tribunal Act 1997 so as:
(i) to create an Occupational Regulation Division of the
Administrative Decisions Tribunal ("the Tribunal") and allocate
certain functions to the Division, and
(ii) to remove age restrictions on membership of the Tribunal, and
(iii) to enable the President to be appointed a Divisional Head of the
Tribunal, and
(iv) to enable the President to assign a Divisional Head of a Division
of the Tribunal to another Division of the Tribunal, and
* Amended in committee--see table at end of volume.
(v)
to clarify who are parties in proceedings before the Tribunal for
an original decision and to enable the Tribunal to join a person
as a party of its own motion, and
(vi) to enable a judicial member of the Tribunal to authorise the
Registrar or a Deputy Registrar of the Tribunal to hold a
directions hearing, and
(vii) to enable the rules of the Tribunal to make provision in respect
of the service, giving and lodgment of documents, and
(viii) to confirm that fees for appeals to an Appeal Panel of the
Tribunal may be prescribed by regulations made under the Act,
and
(ix) to remove the present requirement that the President is
responsible for the administrative affairs of the Tribunal. and
(x)
to make provision for matters of a savings and transitional
nature consequent on the enactment of the proposed Act. and
(xi) to make other amendments of a consequential or minor nature.
to make amendments to the Administrative Decisions Legislation
Amendment Act 1997 of a machinery nature,
to amend the Animal Research Act 1985. the Dangerous Goods Act
1975 and the Surveyors Act 1929 to confer jurisdiction on the Tribunal
to review decisions made under those Acts that are presently
appealable to a court or a Minister.
Clause 2 provides for the commencement of the proposed Act (except for
certain provisions of Schedule 1) on a day or days to be appointed by
proclamation. It also provides that Schedule 1 (except for Schedule 1
[20][23]) commences on the date of assent.
Clause 3 is a formal provision giving effect to the amendments to the Acts
set out in Schedules 15.
Clause 4 provides that matter appearing under the heading "Explanatory
note" in the Schedules does not form part of the proposed Act.
Schedules 15 make the amendments to the Acts outlined above.
A detailed explanation of each of the amendments is set out in the Bill after
the amendments concerned.
Explanatory note page 2