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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020-2021
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Courts and Tribunals Legislation
Amendment (2021 Measures No. 1) Bill
2021
No. , 2021
(Attorney-General)
A Bill for an Act to amend the law relating to
courts and tribunals, and for related purposes
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 3
Schedule 1--Main amendments
4
Part 1--Powers to require giving of information or evidence or
production of documents
4
Administrative Appeals Tribunal Act 1975
4
A New Tax System (Family Assistance) (Administration) Act 1999
4
Child Support (Registration and Collection) Act 1988
4
Paid Parental Leave Act 2010
5
Social Security (Administration) Act 1999
5
Part 2--Procedural fairness
8
Administrative Appeals Tribunal Act 1975
8
Part 3--Alternative dispute resolution processes
10
Administrative Appeals Tribunal Act 1975
10
Part 4--Constitution of the Tribunal
12
Administrative Appeals Tribunal Act 1975
12
Commonwealth Electoral Act 1918
12
Part 5--Reconstitution of the Tribunal
13
Administrative Appeals Tribunal Act 1975
13
Part 6--Dismissal powers
14
Administrative Appeals Tribunal Act 1975
14
Part 7--Correction of errors
16
Administrative Appeals Tribunal Act 1975
16
Part 8--Appointments, authorisations and assignments
17
Administrative Appeals Tribunal Act 1975
17
Part 9--Taxation of costs
20
Administrative Appeals Tribunal Act 1975
20
ii
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Part 10--Protection and immunity of Reviewers of
Immigration Assessment Authority
21
Administrative Appeals Tribunal Act 1975
21
Part 11--Application for review of child support decisions
22
Child Support (Registration and Collection) Act 1988
22
Part 12--Parties to review of reviewable determination under
Military Rehabilitation and Compensation Act
23
Military Rehabilitation and Compensation Act 2004
23
Part 13--Admiralty amendments
24
Admiralty Act 1988
24
Part 14--Foreign State immunity amendments
25
Foreign Judgments Act 1991
25
Foreign States Immunities Act 1985
25
International Arbitration Act 1974
29
Part 15--Other amendments
30
Administrative Appeals Tribunal Act 1975
30
Federal Court of Australia Act 1976
30
Judiciary Act 1903
30
Social Security (Administration) Act 1999
32
Schedule 2--Remote hearing amendments
33
Part 1--Amendments
33
Family Law Act 1975
33
Federal Circuit and Family Court of Australia Act 2021
33
Federal Court of Australia Act 1976
34
Judiciary Act 1903
34
Part 2--Amendments if the Federal Circuit and Family Court
of Australia Act 2021 commences first
36
Division 1--Amendments
36
Family Law Act 1975
36
Division 2--Validation of orders
36
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
iii
Part 3--Amendments if the Federal Circuit and Family Court
of Australia Act 2021 does not commence first
38
Division 1--Amendments before the Federal Circuit and Family
Court of Australia Act 2021 commences
38
Family Law Act 1975
38
Federal Circuit Court of Australia Act 1999
38
Division 2--Amendments after the Federal Circuit and Family Court
of Australia Act 2021 commences
39
Family Law Act 1975
39
Schedule 3--Repeals
40
Nauru (High Court Appeals) Act 1976
40
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
1
A Bill for an Act to amend the law relating to
1
courts and tribunals, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Courts and Tribunals Legislation Amendment (2021
5
Measures No. 1) Act 2021
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
3. Schedule 1,
Parts 2 to 15
The day after this Act receives the Royal
Assent.
4. Schedule 2,
Part 1
The day after this Act receives the Royal
Assent.
5. Schedule 2,
Part 2
At the same time as the provisions covered
by table item 4.
However, the provisions do not commence
at all if the
Federal Circuit and Family
Court of Australia Act 2021
commences
after the commencement of the provisions
covered by table item 4.
6. Schedule 2,
Part 3, Division 1
At the same time as the provisions covered
by table item 4.
However, the provisions do not commence
at all if the
Federal Circuit and Family
Court of Australia Act 2021
commences
before the commencement of the provisions
covered by table item 4.
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
7. Schedule 2,
Part 3, Division 2
Immediately after the commencement of the
Federal Circuit and Family Court of
Australia Act 2021
.
However, the provisions do not commence
at all if the
Federal Circuit and Family
Court of Australia Act 2021
commences
before the commencement of the provisions
covered by table item 4.
8. Schedule 3
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Schedule 1
Main amendments
Part 1
Powers to require giving of information or evidence or production of documents
4
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Schedule 1--Main amendments
1
Part 1--Powers to require giving of information or
2
evidence or production of documents
3
Administrative Appeals Tribunal Act 1975
4
1 Subsection 40A(1) (note)
5
Repeal the note.
6
2 Subsection 40B(1) (note)
7
Repeal the note.
8
A New Tax System (Family Assistance) (Administration) Act
9
1999
10
3 Sections 117 and 118
11
Repeal the sections.
12
4 Subsection 119(1)
13
Repeal the subsection, substitute:
14
(1) If the AAT reasonably believes that a person has information that
15
is relevant to an AAT first review and the person is not a party to
16
that review, the AAT may, by written notice given to the person,
17
require the person to give to the AAT, within the period and in the
18
manner specified in the notice, any such information.
19
Note:
Section 40A of the AAT Act deals with the AAT's power to summon
20
a person to give evidence or produce documents.
21
Child Support (Registration and Collection) Act 1988
22
5 Sections 95F and 95G
23
Repeal the sections.
24
Main amendments
Schedule 1
Powers to require giving of information or evidence or production of documents
Part 1
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
5
6 Subsection 95H(1)
1
Repeal the subsection, substitute:
2
(1) If the AAT reasonably believes that a person has information that
3
is relevant to an AAT first review and the person is not a party to
4
that review, the AAT may, by written notice given to the person,
5
require the person to give to the AAT, within the period and in the
6
manner specified in the notice, any such information.
7
Note:
Section 40A of the AAT Act deals with the AAT's power to summon
8
a person to give evidence or produce documents.
9
Paid Parental Leave Act 2010
10
7 Sections 228 and 229
11
Repeal the sections.
12
8 Subsection 230(1)
13
Repeal the subsection, substitute:
14
(1) If the AAT reasonably believes that a person has information that
15
is relevant to an AAT first review and the person is not a party to
16
that review, the AAT may, by written notice given to the person,
17
require the person to give to the AAT, within the period and in the
18
manner specified in the notice, any such information.
19
Note:
Section 40A of the AAT Act deals with the AAT's power to summon
20
a person to give evidence or produce documents.
21
Social Security (Administration) Act 1999
22
9 Section 147 (table item 3)
23
Repeal the item.
24
10 Section 165
25
Repeal the section.
26
11 Section 165A (heading)
27
Repeal the heading, substitute:
28
Schedule 1
Main amendments
Part 1
Powers to require giving of information or evidence or production of documents
6
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
165A AAT's power to obtain information for AAT first review
1
12 Subsection 165A(1)
2
Repeal the subsection, substitute:
3
(1) If the AAT reasonably believes that a person has information that
4
is relevant to an AAT first review and the person is not a party to
5
that review, the AAT may, by written notice given to the person,
6
require the person to give to the AAT, within the period and in the
7
manner specified in the notice, any such information.
8
Note:
Section 40A of the AAT Act deals with the AAT's power to summon
9
a person to give evidence or produce documents.
10
13 Subsection 165A(3) (note)
11
Repeal the note.
12
14 Saving provisions
13
(1)
Section 118 of the
A New Tax System (Family Assistance)
14
(Administration) Act 1999
, as in force immediately before the
15
commencement of this item, continues to apply on and after that
16
commencement in relation to a request made under subsection 118(1) of
17
that Act before that commencement.
18
(2)
Section 119 of the
A New Tax System (Family Assistance)
19
(Administration) Act 1999
, as in force immediately before the
20
commencement of this item, continues to apply on and after that
21
commencement in relation to a notice given under subsection 119(1) of
22
that Act before that commencement.
23
(3)
Section 95G of the
Child Support (Registration and Collection) Act
24
1988
, as in force immediately before the commencement of this item,
25
continues to apply on and after that commencement in relation to a
26
request made under subsection 95G(1) of that Act before that
27
commencement.
28
(4)
Section 95H of the
Child Support (Registration and Collection) Act
29
1988
, as in force immediately before the commencement of this item,
30
continues to apply on and after that commencement in relation to a
31
notice given under subsection 95H(1) of that Act before that
32
commencement.
33
Main amendments
Schedule 1
Powers to require giving of information or evidence or production of documents
Part 1
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
7
(5)
Section 229 of the
Paid Parental Leave Act 2010
, as in force
1
immediately before the commencement of this item, continues to apply
2
on and after that commencement in relation to a request made under
3
subsection 229(1) of that Act before that commencement.
4
(6)
Section 230 of the
Paid Parental Leave Act 2010
, as in force
5
immediately before the commencement of this item, continues to apply
6
on and after that commencement in relation to a notice given under
7
subsection 230(1) of that Act before that commencement.
8
(7)
Section 165 of the
Social Security (Administration) Act 1999
, as in force
9
immediately before the commencement of this item, continues to apply
10
on and after that commencement in relation to a request made under
11
subsection 165(1) of that Act before that commencement.
12
(8)
Section 165A of the
Social Security (Administration) Act 1999
, as in
13
force immediately before the commencement of this item, continues to
14
apply on and after that commencement in relation to a notice given
15
under subsection 165A(1) of that Act before that commencement.
16
Schedule 1
Main amendments
Part 2
Procedural fairness
8
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Part 2--Procedural fairness
1
Administrative Appeals Tribunal Act 1975
2
15 Section 34J
3
Before "If", insert "(1)".
4
16 At the end of section 34J
5
Add:
6
(2) For the purposes of subsection (1), the consent of the agency party
7
to a proceeding in the Social Services and Child Support Division
8
is not required.
9
17 Section 39 (heading)
10
Repeal the heading, substitute:
11
39 Rights of parties to present case--Divisions other than Security
12
Division
13
18 Paragraph 39(2)(b)
14
Repeal the paragraph, substitute:
15
(b) the agency party to a proceeding in the Social Services and
16
Child Support Division.
17
19 At the end of subsection 39(2)
18
Add:
19
Note:
Section 39AA deals with the rights of the agency party to a
20
proceeding in the Social Services and Child Support Division.
21
20 Section 39AA (heading)
22
Repeal the heading, substitute:
23
Main amendments
Schedule 1
Procedural fairness
Part 2
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
9
39AA Submissions by agency party in Social Services and Child
1
Support Division
2
21 Subsection 39AA(1)
3
Repeal the subsection.
4
22 Subsection 39AA(2) (heading)
5
Repeal the heading.
6
23 Application provision
7
The amendments made by this Part apply in relation to the following:
8
(a) proceedings that arise in the Tribunal on or after the
9
commencement of this item;
10
(b) proceedings that are pending in the Tribunal immediately
11
before that commencement.
12
Schedule 1
Main amendments
Part 3
Alternative dispute resolution processes
10
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Part 3--Alternative dispute resolution processes
1
Administrative Appeals Tribunal Act 1975
2
24 Section 34
3
Repeal the section, substitute:
4
34 Scope of Division
5
This Division does not apply to a proceeding in the Security
6
Division to which section 39A applies.
7
25 After subsection 34A(1)
8
Insert:
9
(1A) However, in relation to a proceeding in the Social Services and
10
Child Support Division:
11
(a) the President must not give a direction under subsection (1)
12
unless the alternative dispute resolution process is
13
conferencing; and
14
(b) the agency party to the proceeding is not required to
15
participate in the conferencing.
16
26 At the end of section 34A
17
Add:
18
(4) However, subsection (3) does not apply to the agency party to a
19
proceeding in the Social Services and Child Support Division if:
20
(a) the President gives a direction under subsection (1) that the
21
proceeding, or any part of it or matter arising out of the
22
proceeding, be referred to conferencing; and
23
(b) the agency party is not participating in the conferencing.
24
27 Paragraph 34D(1)(a)
25
After "between the parties", insert "(including the agency party to a
26
proceeding in the Social Services and Child Support Division who did
27
not participate in the alternative dispute resolution process)".
28
Main amendments
Schedule 1
Alternative dispute resolution processes
Part 3
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
11
28 Application provision
1
The amendments made by this Part apply in relation to an application
2
for review made on or after the commencement of this item.
3
Schedule 1
Main amendments
Part 4
Constitution of the Tribunal
12
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Part 4--Constitution of the Tribunal
1
Administrative Appeals Tribunal Act 1975
2
29 At the end of paragraph 19B(1)(b)
3
Add ", unless another provision of this Act or another enactment
4
provides otherwise in relation to the proceeding".
5
Commonwealth Electoral Act 1918
6
30 Subsection 141(6A)
7
Repeal the subsection.
8
31 Subsection 298H(5)
9
Omit "to (6A)", substitute "and (6)".
10
32 Application provision
11
The amendments made by this Part apply in relation to the constituting
12
(or reconstituting) of the Tribunal on or after the commencement of this
13
item.
14
Main amendments
Schedule 1
Reconstitution of the Tribunal
Part 5
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
13
Part 5--Reconstitution of the Tribunal
1
Administrative Appeals Tribunal Act 1975
2
33 Paragraph 19D(5)(b)
3
Before "has", insert "where it is reasonably practicable to do so,".
4
34 Paragraph 19D(6)(b)
5
Before "has", insert "where it is reasonably practicable to do so,".
6
35 Application provisions
7
(1)
The amendment of paragraph 19D(5)(b) of the
Administrative Appeals
8
Tribunal Act 1975
made by this Part applies in relation to the giving of
9
a direction referred to in subparagraph 19D(2)(a)(iii) of that Act on or
10
after the commencement of this item.
11
(2)
The amendment of paragraph 19D(6)(b) of the
Administrative Appeals
12
Tribunal Act 1975
made by this Part applies in relation to a revocation
13
under subsection 19D(2) of that Act on or after the commencement of
14
this item, whether the direction was given under subsection 19A(1) of
15
that Act before, on or after that commencement.
16
Schedule 1
Main amendments
Part 6
Dismissal powers
14
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Part 6--Dismissal powers
1
Administrative Appeals Tribunal Act 1975
2
36 After subsection 42A(4)
3
Insert:
4
(4A) For a proceeding in the Social Services and Child Support
5
Division, an authorised officer may dismiss an application without
6
the Tribunal proceeding to review the decision if the officer is
7
satisfied that the decision is not reviewable by the Tribunal.
8
37 Subsections 42A(8) and (8A)
9
Omit "subsection (8B)", substitute "subsection (11)".
10
38 Subsection 42A(8B)
11
Repeal the subsection.
12
39 Subsection 42A(10)
13
After "party to the proceeding", insert "made within the period referred
14
to in subsection (11)".
15
40 At the end of section 42A
16
Add:
17
(11) For the purposes of subsections (8), (8A) and (10), the period is:
18
(a) 28 days after the party receives notification that the
19
application has been dismissed, unless paragraph (b) applies;
20
or
21
(b) if the party requests an extension--such longer period as the
22
Tribunal, in special circumstances, allows.
23
41 Subsection 69BA(1)
24
Omit "subsection 42A(4)", substitute "subsections 42A(4) and (4A)".
25
Main amendments
Schedule 1
Dismissal powers
Part 6
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
15
42 Application provisions
1
(1)
Subsection 42A(4A) of the
Administrative Appeals Tribunal Act 1975
,
2
as inserted by this Part, applies in relation to an application for review
3
made on or after the commencement of this item.
4
(2)
The amendments of subsections 42A(8), (8A) and (10) of the
5
Administrative Appeals Tribunal Act 1975
made by this Part, the repeal
6
of subsection 42A(8B) of that Act made by this Part and
7
subsection 42A(11) of that Act as added by this Part apply in relation to
8
the notification of a dismissal, where the notification is given on or after
9
the commencement of this item (whether the dismissal was made, or
10
taken to have been made, before, on or after that commencement).
11
Schedule 1
Main amendments
Part 7
Correction of errors
16
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Part 7--Correction of errors
1
Administrative Appeals Tribunal Act 1975
2
43 Subsection 43AA(4)
3
Repeal the subsection, substitute:
4
Exercise of powers
5
(4) The powers of the Tribunal under this section may be exercised by:
6
(a) either:
7
(i) the member who constituted the Tribunal for the
8
purposes of the proceeding to which the decision
9
relates; or
10
(ii) if the Tribunal was constituted by more than one
11
member for the purposes of the proceeding to which the
12
decision relates--the member who presided at that
13
proceeding; or
14
(b) if that member has stopped being a member or is for any
15
reason unavailable--the President or an authorised member.
16
44 Application provision
17
The amendment made by this Part applies in relation to the exercise of
18
the powers of the Tribunal on or after the commencement of this item.
19
Main amendments
Schedule 1
Appointments, authorisations and assignments
Part 8
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
17
Part 8--Appointments, authorisations and
1
assignments
2
Administrative Appeals Tribunal Act 1975
3
45 Paragraphs 7(2)(c) and (3)(b)
4
Omit "Governor-General", substitute "Minister".
5
46 At the end of subsection 10(2)
6
Add "Subject to this section, a person so appointed must not continue to
7
act in that appointment for more than 12 months.".
8
47 After subsection 10(2)
9
Insert:
10
(2A) The Minister may, by written instrument, appoint a person to act as
11
a Deputy President during any period, or during all periods, when
12
there are no Deputy Presidents. A person so appointed must not
13
continue to act in that appointment for more than 12 months.
14
48 Subsection 10(3)
15
Omit "subsection (1) or (2)", substitute "subsection (2) or (2A)".
16
49 Subsection 10(7)
17
After "subsection (2)", insert "or (2A)".
18
50 Subsections 17L(1) and (3)
19
Omit "be the", substitute "be a".
20
51 Subsection 17L(6)
21
Omit "The", substitute "A".
22
52 Subsection 17L(7)
23
Omit "as the", substitute "as a".
24
Schedule 1
Main amendments
Part 8
Appointments, authorisations and assignments
18
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
53 Subsection 17L(7)
1
Omit "when the", substitute "when a".
2
54 Subsection 17L(7)
3
After "from Australia", insert "or when there is no deputy head of the
4
Division".
5
55 Section 24P (heading)
6
Repeal the heading, substitute:
7
24P Functions of officers and staff members of the Tribunal
8
56 Section 24P
9
Omit "The Registrar", substitute "The officers of the Tribunal".
10
57 Section 24PA
11
Repeal the section, substitute:
12
24PA Officers of the Tribunal
13
(1) The Registrar may, by writing, appoint a person to be an officer of
14
the Tribunal if the person is:
15
(a) a member of the staff of the Tribunal referred to in
16
subsection 24N(1); or
17
(b) an APS employee made available to the Tribunal; or
18
(c) an officer of the Supreme Court of Norfolk Island.
19
(2) An appointment under subsection (1) may be expressed to be
20
limited to specified decisions or proceedings or to specified
21
functions or powers.
22
58 At the end of subsection 59A(2)
23
Add "or to specified functions or powers".
24
59 At the end of subsection 59B(2)
25
Add "or to specified functions or powers".
26
Main amendments
Schedule 1
Appointments, authorisations and assignments
Part 8
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
19
60 Application, saving and transitional provisions
1
(1)
The amendment of subsection 10(2) of the
Administrative Appeals
2
Tribunal Act 1975
made by this Part applies in relation to appointments
3
made on or after the commencement of this item.
4
(2)
An assignment in force under subsection 17L(1) or (7) of the
5
Administrative Appeals Tribunal Act 1975
immediately before the
6
commencement of this item, being an assignment of a person to be the
7
deputy head of a Division or of a person to act as the deputy head of a
8
Division, continues in force on and after that commencement as if it
9
were an assignment of the person to be a deputy head of that Division or
10
of a person to act as a deputy head of that Division.
11
(3)
The amendments made by this Part do not affect the validity of:
12
(a) a conferral of a function or power by the President, as
13
mentioned in section 24P of the
Administrative Appeals
14
Tribunal Act 1975
, before the commencement of this item; or
15
(b) an appointment under section 24PA of the
Administrative
16
Appeals Tribunal Act 1975
made before the commencement
17
of this item.
18
(4)
The amendments of sections 59A and 59B of the
Administrative
19
Appeals Tribunal Act 1975
made by this Part apply in relation to
20
authorisations given on or after the commencement of this item.
21
Schedule 1
Main amendments
Part 9
Taxation of costs
20
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Part 9--Taxation of costs
1
Administrative Appeals Tribunal Act 1975
2
61 Paragraph 69A(1)(a)
3
Omit "reasonable".
4
62 Application provision
5
The amendment made by this Part applies in relation to orders made by
6
the Tribunal on or after the commencement of this item.
7
Main amendments
Schedule 1
Protection and immunity of Reviewers of Immigration Assessment Authority
Part 10
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
21
Part 10--Protection and immunity of Reviewers of
1
Immigration Assessment Authority
2
Administrative Appeals Tribunal Act 1975
3
63 Section 60 (heading)
4
Repeal the heading, substitute:
5
60 Protection and immunity
6
64 After subsection 60(1B)
7
Insert:
8
Reviewers of Immigration Assessment Authority
9
(1C) A person who is a Reviewer (including the Senior Reviewer) of the
10
Immigration Assessment Authority has, in the performance of the
11
person's duties as a Reviewer (including the Senior Reviewer) of
12
the Immigration Assessment Authority, the same protection and
13
immunity as a Justice of the High Court.
14
65 Before subsection 60(4)
15
Insert:
16
Definitions
17
Schedule 1
Main amendments
Part 11
Application for review of child support decisions
22
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Part 11--Application for review of child support
1
decisions
2
Child Support (Registration and Collection) Act 1988
3
66 Section 89 (table item 2
, column headed "Who may apply
4
for review", paragraph (a))
5
Before "the person", insert "in any case--".
6
67 Section 89 (table item 2
, column headed "Who may apply
7
for review", paragraph (b))
8
Before "a person", insert "if the original decision is not a care
9
percentage decision--".
10
68 Section 89 (at the end of the cell at table item 2, column
11
headed "Who may apply for review")
12
Add:
13
; or (c) if the original decision is a care percentage decision--a person who was required
14
to be notified under section 85A of the objection to the care percentage decision.
15
69 Application provision
16
The amendments made by this Part apply in relation to a decision made
17
under subsection 87(1) of the
Child Support (Registration and
18
Collection) Act 1988
on or after the commencement of this item
19
(whether the objection was lodged before, on or after that
20
commencement).
21
Main amendments
Schedule 1
Parties to review of reviewable determination under Military Rehabilitation and
Compensation Act
Part 12
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
23
Part 12--Parties to review of reviewable
1
determination under Military Rehabilitation
2
and Compensation Act
3
Military Rehabilitation and Compensation Act 2004
4
70 Section 355 (table item 5)
5
Repeal the item, substitute:
6
5
Subsection 30(1)
The Commission rather than the Board is a party to a
proceeding before the Tribunal for review of a
determination by the Board.
If the Chief of the Defence Force or the Commission
made the application for review, the claimant is also a
party to the review.
71 Application provision
7
The amendment made by this Part applies in relation to applications for
8
review made under subsection 354(1) of the
Military Rehabilitation and
9
Compensation Act 2004
on or after the commencement of this item.
10
Schedule 1
Main amendments
Part 13
Admiralty amendments
24
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Part 13--Admiralty amendments
1
Admiralty Act 1988
2
72 At the end of section 41
3
Add:
4
(5) The
Legislation Act 2003
(other than sections 8, 9, 10 and 16 and
5
Part 4 of Chapter 3 of that Act) applies in relation to the Rules:
6
(a) as if a reference to a legislative instrument (other than in
7
subparagraph 14(1)(a)(ii) and subsection 14(3) of that Act)
8
were a reference to the Rules; and
9
(b) subject to such further modifications or adaptations of that
10
Act (other than the provisions of Part 2 of Chapter 3 of that
11
Act or any other provisions whose modification or adaptation
12
would affect the operation of that Part) as are prescribed by
13
the regulations for the purposes of this paragraph.
14
(6) To avoid doubt, the Rules are rules of court.
15
73 Application provision
16
Subsection 41(5) of the
Admiralty Act 1988
, as added by this Part,
17
applies in relation to:
18
(a) Rules made on or after the commencement of this item; and
19
(b) Rules in force immediately before the commencement of this
20
item.
21
Main amendments
Schedule 1
Foreign State immunity amendments
Part 14
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
25
Part 14--Foreign State immunity amendments
1
Foreign Judgments Act 1991
2
74 At the end of subsection 6(1)
3
Add:
4
Note:
F
or the registration of a foreign judgment against a foreign State, or a
5
separate entity of a foreign State, see the
Foreign States Immunities
6
Act 1985
.
7
Foreign States Immunities Act 1985
8
75 Subsection 3(1)
9
Insert:
10
foreign award
means the following:
11
(a) an arbitral award within the meaning of Part II of the
12
International Arbitration Act 1974
;
13
(b) an award within the meaning of Part IV of that Act.
14
foreign judgment
means a
judgment to which Part 2 of the
Foreign
15
Judgments Act 1991
applies.
16
76 Subsection 3(1) (definition of
initiating process
)
17
Repeal the definition, substitute:
18
initiating process
means an instrument (including a statement of
19
claim, application, summons, writ, order or third party notice):
20
(a) by which a proceeding is commenced; or
21
(b) by reference to which a person becomes a party to a
22
proceeding.
23
Note:
Examples of an initiating process are:
24
(a) a summons for the registration of a foreign judgment; and
25
(b) an application for the recognition or enforcement of a foreign
26
award.
27
77 After section 26
28
Insert:
29
Schedule 1
Main amendments
Part 14
Foreign State immunity amendments
26
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
26A Judgments and orders in ex parte proceedings
1
Judgments
2
(1) A judgment (other than an interlocutory judgment) must not be
3
entered against a foreign State
in ex parte proceedings.
4
(2) A judgment (other than an interlocutory judgment) must not be
5
entered against a separate entity of a foreign State
in ex parte
6
proceedings unless the court is satisfied that, in the proceedings,
7
the separate entity is not immune.
8
Orders
9
(3) An order for the registration of a foreign judgment, or for the
10
recognition or enforcement
of a foreign award, must not be made
11
against a foreign State in ex parte proceedings.
12
(4) An order for the registration of a foreign judgment, or for the
13
recognition or enforcement
of a foreign award, must not be made
14
against a separate entity of a foreign State
in ex parte proceedings
15
unless the court is satisfied that, in the proceedings, the separate
16
entity is not immune.
17
78 Section 27 (heading)
18
Repeal the heading, substitute:
19
27 Judgments or orders in default of appearance
20
79 Subsection 27(1)
21
Omit "shall not be entered against a foreign State", substitute "must not
22
be entered against a foreign State, or an order for the registration of a
23
foreign judgment, or for the recognition or enforcement of a foreign
24
award, in default of appearance
must not be made against a foreign
25
State,
".
26
Main amendments
Schedule 1
Foreign State immunity amendments
Part 14
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
27
80 Subsection 27(2)
1
Omit "shall not be entered against a separate entity of a foreign State",
2
substitute "must not be entered against a separate entity of a foreign
3
State, or an order for the registration of a foreign judgment, or for the
4
recognition or enforcement of a foreign award, in default of appearance
5
must not be made
against a separate entity of a foreign State,".
6
81 Section 28 (heading)
7
Repeal the heading, substitute:
8
28 Enforcement of judgments and orders in default of appearance
9
82 Subsection 28(1)
10
After "a judgment in default of appearance", insert ", or an order for the
11
registration of a foreign judgment, or for
the
recognition or enforcement
12
of a foreign award,
in default of appearance,".
13
83 Paragraph 28(1)(a)
14
After "copy of the judgment" (wherever occurring), insert "or order".
15
84 Subparagraphs 28(1)(b)(i) and (ii)
16
After "translation of the judgment", insert "or order".
17
85 Subsection 28(2)
18
Omit "judgment was given shall give it", substitute "judgment was
19
given, or the order made, must give the document".
20
86 Subsection 28(5)
21
After "judgment", insert "or order".
22
87 Subsection 28(6)
23
After "a judgment in default of appearance has been given", insert ", or
24
an order for the registration of a foreign judgment, or for
the
recognition
25
or enforcement
of a foreign award,
in default of appearance
has been
26
made,
".
27
88 Subsection 28(6)
28
After "judgment was given", insert "or order was made".
29
Schedule 1
Main amendments
Part 14
Foreign State immunity amendments
28
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
89 Subsection 28(6)
1
After "the judgment" (last occurring), insert "or order".
2
90 Schedule (Form 1)
3
Omit "and it is requested that the initiating process,", substitute "and it
4
is requested that this Form, the initiating process, the statutory
5
declaration,".
6
91 Schedule (Form 2)
7
Omit "
Request For Service Of Default Judgment On A Foreign State
",
8
substitute "
Request For Service Of Default Judgment Or Order On A
9
Foreign State
".
10
92 Schedule (Form 2)
11
After "a judgment in default of appearance has been given", insert ", or
12
an order for the registration of a foreign judgment, or for
the
recognition
13
or enforcement
of a foreign award,
in default of appearance
has been
14
made,".
15
93 Schedule (Form 2)
16
After "the judgment" (wherever occurring), insert "or order".
17
94 Schedule (Form 2)
18
Omit "
signature of judgment creditor
", substitute "
signature of person
19
in whose favour the judgment was given or the order was made
".
20
95 Application provisions
21
(1)
Section 26A of the
Foreign States Immunities Act 1985
, as inserted by
22
this Part, applies in relation to the entering of a judgment, or the making
23
of an order, on or after the commencement of this item.
24
(2)
The amendment of subsection 27(1) of the
Foreign States Immunities
25
Act 1985
made by this Part applies in relation to the entering of a
26
judgment, or the making of an order, on or after the commencement of
27
this item, where the
service of the initiating process was effected on or
28
after that commencement
.
29
(3)
The amendment of subsection 27(2) of the
Foreign States Immunities
30
Act 1985
made by this Part applies in relation to the entering of a
31
Main amendments
Schedule 1
Foreign State immunity amendments
Part 14
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
29
judgment, or the making of an order, on or after the commencement of
1
this item.
2
(4)
The amendments of section 28 of the
Foreign States Immunities Act
3
1985
made by this Part apply in relation to an order made on or after the
4
commencement of this item.
5
International Arbitration Act 1974
6
96 At the end of subsection 8(3)
7
Add:
8
Note:
F
or the enforcement of a foreign award against a foreign State, or a
9
separate entity of a foreign State, see the
Foreign States Immunities
10
Act 1985
.
11
97 At the end of subsection 35(4)
12
Add:
13
Note:
F
or the enforcement of an award against a foreign State, or a separate
14
entity of a foreign State, see the
Foreign States Immunities Act 1985
.
15
Schedule 1
Main amendments
Part 15
Other amendments
30
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Part 15--Other amendments
1
Administrative Appeals Tribunal Act 1975
2
98 Subsection 40A(3)
3
Omit "attend the hearing of the proceeding", substitute "appear before
4
the Tribunal".
5
99 Paragraph 40A(3)(b)
6
Omit "attend the hearing", substitute "appear before the Tribunal".
7
100 Application provision
8
The amendments of section 40A of the
Administrative Appeals Tribunal
9
Act 1975
made by this Part apply in relation to a summons issued under
10
subsection 40A(1) of that Act on or after the commencement of this
11
item.
12
Federal Court of Australia Act 1976
13
101 At the end of section 28
14
Add:
15
(5) If, in dismissing an appeal, the Court is of the opinion that the
16
appeal does not raise any question of general principle, it may give
17
reasons for its decision in short form.
18
102 Application provision
19
Subsection 28(5) of the
Federal Court of Australia Act 1976
, as added
20
by this Part, applies in relation to an appeal dismissed on or after the
21
commencement of this item, whether the appeal was brought before, on
22
or after that commencement.
23
Judiciary Act 1903
24
103 Section 16 (heading)
25
Repeal the heading, substitute:
26
Main amendments
Schedule 1
Other amendments
Part 15
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
31
16 Jurisdiction other than in open court
1
104 Section 16
2
Omit "in Chambers" (wherever occurring), substitute "other than in
3
open court".
4
105 Section 17 (heading)
5
Repeal the heading, substitute:
6
17 State Supreme Courts invested with jurisdiction other than in
7
open court
8
106 Subsection 17(1)
9
Omit "in Chambers", substitute "other than in open court".
10
107 Subsection 17(2)
11
After "single Judge of the Supreme Court sitting in Chambers", insert
12
"or otherwise".
13
108 Subsection 17(2)
14
Omit "High Court sitting in Chambers", substitute "High Court sitting
15
other than in open court".
16
109 Section 18
17
Omit "in Chambers", substitute "otherwise".
18
110 Section 26
19
Omit "in Chambers", substitute "other than in open court".
20
111 Subsection 34(1)
21
Omit "Chambers", substitute "otherwise".
22
112 Subsection 34(2)
23
Omit "Chambers", substitute "otherwise".
24
113 Subsection 69(3)
25
Omit "in Chambers", substitute "sitting other than in open court".
26
Schedule 1
Main amendments
Part 15
Other amendments
32
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
114 Subsection 76(3)
1
Omit "in Chambers", substitute "otherwise".
2
115 Subsections 77RR(1), (2) and (3)
3
Omit "in Chambers", substitute "other than in open court".
4
116 Paragraph 86(1)(d)
5
Omit "Prescribing the forms", substitute "making provision for or in
6
relation to the forms".
7
117 Saving provision
8
To avoid doubt, the amendment of section 86 of the
Judiciary Act 1903
9
made by this Part does not affect the validity of Rules of Court made
10
under paragraph 86(1)(d) of that Act and in force immediately before
11
the commencement of this item.
12
Social Security (Administration) Act 1999
13
118 Paragraph 144(s)
14
Omit "section 182", substitute "section 181".
15
Remote hearing amendments
Schedule 2
Amendments
Part 1
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
33
Schedule 2--Remote hearing amendments
1
Part 1--Amendments
2
Family Law Act 1975
3
1 After subsection 97(2)
4
Insert:
5
(2A) For the purposes of subsection (2), a person is taken to be
present
6
in court
during a proceeding if the person accesses the proceeding
7
by way of video link, audio link or any other means.
8
2 Validation of orders
9
(1)
This item applies if a court exercising jurisdiction under the
Family Law
10
Act 1975
made, or purported to make, an order under subsection 97(2)
11
of that Act, during the period:
12
(a) beginning on 15 March 2020; and
13
(b) ending on the day this item commences.
14
(2)
The status and rights of all persons are, by force of this item, declared to
15
be, and always to have been, the same as if the
Family Law Act 1975
, as
16
amended by this Part, had been in force at the time the order was made.
17
Federal Circuit and Family Court of Australia Act 2021
18
3 After subsection 136(2)
19
Insert:
20
(2A) For the purposes of subsection (2), the circumstances in which the
21
jurisdiction of the Federal Circuit and Family Court of Australia
22
(Division 2) is exercised in open court include where the exercise
23
of jurisdiction is made accessible to the public by way of video
24
link, audio link or other appropriate means.
25
4 At the end of section 136
26
Add:
27
Schedule 2
Remote hearing amendments
Part 1
Amendments
34
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
(8) The reference in subsection (7) to a sitting of the Court includes a
1
reference to a sitting of the Court that is conducted by way of video
2
link, audio link or other appropriate means.
3
Federal Court of Australia Act 1976
4
5 After subsection 17(1)
5
Insert:
6
(1A) For the purposes of subsection (1), the circumstances in which the
7
jurisdiction of the Court is exercised in open court include where
8
the exercise of jurisdiction is made accessible to the public by way
9
of video link, audio link or other appropriate means.
10
6 At the end of section 17
11
Add:
12
(5) The reference in subsection (4) to a sitting of the Court includes a
13
reference to a sitting of the Court that is conducted by way of video
14
link, audio link or other appropriate means.
15
7 Validation of orders
16
(1)
This item applies if the Federal Court of Australia made, or purported to
17
make, an order under subsection 17(4) of the
Federal Court of Australia
18
Act 1976
, during the period:
19
(a) beginning on 15 March 2020; and
20
(b) ending on the day this item commences.
21
(2)
The status and rights of all persons are, by force of this item, declared to
22
be, and always to have been, the same as if the
Federal Court of
23
Australia Act 1976
, as amended by this Part, had been in force at the
24
time the order was made.
25
Judiciary Act 1903
26
8 After subsection 79(1)
27
Insert:
28
Remote hearing amendments
Schedule 2
Amendments
Part 1
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
35
(1A) For the purposes of subsection (1), a Court exercising federal
1
jurisdiction in a proceeding is taken to be exercising federal
2
jurisdiction in:
3
(a) if the laws of a State or Territory apply to a part of the
4
proceeding because of subsection 68C(5)--that State or
5
Territory; or
6
(b) if paragraph (a) does not apply:
7
(i) if the proceeding is transferred or remitted--the State or
8
Territory to which the proceeding is transferred or
9
remitted; and
10
(ii) otherwise--the State or Territory in which the
11
proceeding is commenced;
12
except as otherwise provided by the Constitution or the laws
13
of the Commonwealth.
14
9 Application of amendments
--section 79 of the
Judiciary
15
Act 1903
16
The amendment of section 79 of the
Judiciary Act 1903
made by this
17
Schedule applies in relation to a proceeding that is commenced on or
18
after the commencement of this item.
19
Schedule 2
Remote hearing amendments
Part 2
Amendments if the Federal Circuit and Family Court of Australia Act 2021
commences first
36
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Part 2--Amendments if the Federal Circuit and
1
Family Court of Australia Act 2021
2
commences first
3
Division 1
--Amendments
4
Family Law Act 1975
5
10 After subsection 97(1)
6
Insert:
7
(1AA) For the purposes of subsection (1), the circumstances in which a
8
proceeding in the Federal Circuit and Family Court of Australia, or
9
in a court of a Territory (other than the Northern Territory) when
10
exercising jurisdiction under this Act, is heard in open court
11
include where the proceeding is made accessible to the public by
12
way of video link, audio link or other appropriate means.
13
Division 2
--Validation of orders
14
11 Validation of orders made by the Federal Circuit and
15
Family Court of Australia (Division 2)
16
(1)
This item applies if the Federal Circuit and Family Court of Australia
17
(Division 2) made, or purported to make, an order under
18
subsection 136(7) of the
Federal Circuit and Family Court of Australia
19
Act 2021
, during the period:
20
(a) beginning on the day the
Federal Circuit and Family Court
21
of Australia Act 2021
commences; and
22
(b) ending on the day this item commences.
23
(2)
The status and rights of all persons are, by force of this item, declared to
24
be, and always to have been, the same as if the
Federal Circuit and
25
Family Court of Australia Act 2021
, as amended by Part 1 of this
26
Schedule, had been in force at the time the order was made.
27
Remote hearing amendments
Schedule 2
Amendments if the Federal Circuit and Family Court of Australia Act 2021 commences
first
Part 2
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
37
12 Validation of orders made by Federal Circuit Court of
1
Australia
2
(1)
Despite the repeal of the
Federal Circuit Court of Australia Act 1999
,
3
this item applies if an order was made, or purported to be made, under
4
subsection 13(7) of that Act during the period:
5
(a) beginning on 15 March 2020; and
6
(b) ending on the day on which that Act is repealed.
7
(2)
The status and rights of all persons are, by force of this item, declared to
8
be, and always to have been, the same as if, at the time the order was
9
made, section 13 of the
Federal Circuit Court of Australia Act 1999
10
expressly provided that:
11
(a) for the purposes of subsection (2) of that section, the
12
circumstances in which the jurisdiction of the Federal Circuit
13
Court of Australia is exercised in open court include where
14
the exercise of jurisdiction is made accessible to the public
15
by way of video link, audio link or other appropriate means;
16
and
17
(b) the reference in subsection (7) of that section to a sitting of
18
the Federal Circuit Court of Australia includes a reference to
19
a sitting of the Court that is conducted by way of video link,
20
audio link or other appropriate means.
21
Schedule 2
Remote hearing amendments
Part 3
Amendments if the Federal Circuit and Family Court of Australia Act 2021 does
not commence first
38
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Part 3--Amendments if the Federal Circuit and
1
Family Court of Australia Act 2021 does not
2
commence first
3
Division 1
--Amendments before the Federal Circuit and
4
Family Court of Australia Act 2021 commences
5
Family Law Act 1975
6
13 Subsection 27(3)
7
Repeal the subsection.
8
14 After subsection 97(1)
9
Insert:
10
(1AA) For the purposes of subsection (1), the circumstances in which a
11
proceeding in the Family Court, in the Federal Circuit Court of
12
Australia, or in a court of a Territory (other than the Northern
13
Territory) when exercising jurisdiction under this Act, is heard in
14
open court include where the proceeding is made accessible to the
15
public by way of video link, audio link or other appropriate means.
16
Federal Circuit Court of Australia Act 1999
17
15 After subsection 13(2)
18
Insert:
19
(2A) For the purposes of subsection (2), the circumstances in which the
20
jurisdiction of the Federal Circuit Court of Australia is exercised in
21
open court include where the exercise of jurisdiction is made
22
accessible to the public by way of video link, audio link or other
23
appropriate means.
24
16 At the end of section 13
25
Add:
26
Remote hearing amendments
Schedule 2
Amendments if the Federal Circuit and Family Court of Australia Act 2021 does not
commence first
Part 3
No. , 2021
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
39
(8) The reference in subsection (7) to a sitting of the Federal Circuit
1
Court of Australia includes a reference to a sitting of the Court that
2
is conducted by way of video link, audio link or other appropriate
3
means.
4
17 Validation of orders
5
(1)
This item applies if the Federal Circuit Court of Australia made, or
6
purported to make, an order under subsection 13(7) of the
Federal
7
Circuit Court of Australia Act 1999
, during the period:
8
(a) beginning on 15 March 2020; and
9
(b) ending on the day this item commences.
10
(2)
The status and rights of all persons are, by force of this item, declared to
11
be, and always to have been, the same as if the
Federal Circuit Court of
12
Australia Act 1999
, as amended by this Part, had been in force at the
13
time the order was made.
14
Division 2
--Amendments after the Federal Circuit and
15
Family Court of Australia Act 2021 commences
16
Family Law Act 1975
17
18 Subsection 97(1AA)
18
Omit "Family Court, in the Federal Circuit Court of Australia",
19
substitute "Federal Circuit and Family Court of Australia".
20
Schedule 3
Repeals
40
Courts and Tribunals Legislation Amendment (2021 Measures No. 1)
Bill 2021
No. , 2021
Schedule 3--Repeals
1
2
Nauru (High Court Appeals) Act 1976
3
1 The whole of the Act
4
Repeal the Act.
5