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Amendment Bill 1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Clause 2 provides that the provisions of the proposed Act are to commence
on a day or days to be appointed by proclamation.
Clauses 35 are formal provisions that give effect to the amendments of
Acts set out in Schedules 13.
Amendment of the Commercial Tribunal Act 1984
Schedule 1 contains the amendments to the Commercial Tribunal Act 1984.
Schedule 1 [l], [4] and [9] make the appointment of a Deputy Registrar
discretionary rather than obligatory.
Schedule 1 [2], [10] and [14] provide for the use of informative notes in the
Principal Act and insert a note which lists the Acts under which the
Commercial Tribunal exercises jurisdiction.
Schedule 1 [3] revises the criteria for the appointment of part-time members
of the Commercial Tribunal so as to provide for the appointment of persons
with knowledge or experience in respect of the relevant industry or
consumer issues and to remove any implication that the persons are
appointed to represent industry and consumer groups.
Schedule l [5][8], [20] and [21] make changes by way of statute law
revision.
Schedule 1 [11] and [18] make it clear that the Chairman of the Commercial
Tribunal determines the constitution of the Tribunal for hearings and that the
Registrar arranges and determines the times and places at which the hearings
are to be held.
Schedule 1 [12] and [13] allow the Chairman or Deputy Chairman of the
Commercial Tribunal to deal with certain interlocutory and other
proceedings when sitting alone.
Schedule l [15][17] enable the Commercial Tribunal to deal with 2 or
more matters together that arise under the same Act as well as under
different Acts.
Schedule 1 [19] enables the replacement of members of the Commercial
Tribunal who vacate office or are unable to proceed and, with the consent of
the parties, enables the Tribunal to proceed in such circumstances with 2 out
of the 3 members of the Tribunal.
Explanatory note page 2
Schedule 1 [22] makes it clear that a summons to give evidence or produce
documents at a hearing of the Commercial Tribunal may require one or the
other of those things as well as both of those things.
Schedule 1 [23] and [24] make it clear that counsel and other persons
assisting the Commercial Tribunal are appointed rather than employed by the
Tribunal.
Schedule 1 [25] gives the Commercial Tribunal express power to dismiss
proceedings for want of jurisdiction or want of prosecution.
Schedule 1 [26] and [27] increase from 14 to 28 days the period within
which the Commercial Tribunal is required to give written reasons for its
decision after an application for reasons has been lodged with it.
Schedule 1 [28][31] enact savings and transitional provisions.
Amendment of the Credit (Administration) Act 1984
Schedule 2 [1][3] contain the amendments to the Credit (Administration)
Act 1984. The amendments ensure that the technical rules of evidence do not
apply in certain proceedings relating to credit before the Commercial
Tribunal.
Schedule 2 [4] is consequential on the amendments made by Schedule 1
[23] and [24].
Amendment of the Building Services Corporation Act 1989
Schedule 3 contains an amendment to the Building Services Corporation Act
1989. The amendment enables the Commercial Tribunal to extend by up to
30 days the period within which appeals to the Tribunal under that Act may
be lodged.
Explanatory note page 3