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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Civil Law and Justice (Omnibus
Amendments) Bill 2015
No. , 2015
(Attorney-General)
A Bill for an Act to amend various Acts relating to
law and justice, and for related purposes
No. , 2015
Civil Law and Justice (Omnibus Amendments) Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Administrative Appeals Tribunal Act 1975
3
A New Tax System (Family Assistance) (Administration) Act 1999
4
Bankruptcy Act 1966
4
Child Support (Registration and Collection) Act 1988
6
Evidence Act 1995
7
Family Law Act 1975
8
Federal Circuit Court of Australia Act 1999
8
Federal Court of Australia Act 1976
10
Freedom of Information Act 1982
13
International Arbitration Act 1974
13
James Hardie (Investigations and Proceedings) Act 2004
15
Paid Parental Leave Act 2010
15
Proceeds of Crime Act 2002
15
Public Interest Disclosure Act 2013
15
Social Security (Administration) Act 1999
15
Student Assistance Act 1973
16
No. , 2015
Civil Law and Justice (Omnibus Amendments) Bill 2015
1
A Bill for an Act to amend various Acts relating to
1
law and justice, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Civil Law and Justice (Omnibus
5
Amendments) Act 2015.
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
Civil Law and Justice (Omnibus Amendments) Bill 2015
No. , 2015
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
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
Amendments Schedule 1
No. , 2015
Civil Law and Justice (Omnibus Amendments) Bill 2015
3
Schedule 1
--Amendments
1
2
Administrative Appeals Tribunal Act 1975
3
1 At the end of subsection 29AC(1)
4
Add:
5
; (c) any other person who is made a party to the review by the
6
enactment that authorised the application.
7
2 Subsection 35(4)
8
Omit "another party or parties", substitute "some or all of the parties".
9
3 Subsection 39A(18)
10
Omit "a presidential member or senior member, on behalf of the
11
Tribunal,", substitute "the President or an authorised member".
12
4 Subsections 42A(8) and (8A)
13
Repeal the subsections, substitute:
14
(8) If the Tribunal is taken to have dismissed an application under
15
subsection (1B), a party to the proceeding (other than the
16
applicant) may, within the period referred to in subsection (8B),
17
apply to the Tribunal for reinstatement of the application.
18
(8A) If the Tribunal dismisses an application under subsection (2) (other
19
than an application in respect of a proceeding in which an order has
20
been made under subsection 41(2)), a party to the proceeding may,
21
within the period referred to in subsection (8B), apply to the
22
Tribunal for reinstatement of the application.
23
(8B) For the purposes of subsections (8) and (8A), the period is:
24
(a) 28 days after the party receives notification that the
25
application has been dismissed; or
26
(b) if the party requests an extension--such longer period as the
27
Tribunal, in special circumstances, allows.
28
5 Section 68
29
Repeal the section, substitute:
30
Schedule 1 Amendments
4
Civil Law and Justice (Omnibus Amendments) Bill 2015
No. , 2015
68 Giving documents
1
(1) A document or thing that is required or permitted by this Act or
2
another enactment to be lodged with, or given to, the Tribunal must
3
be lodged or given in accordance with:
4
(a) any direction under section 18B; or
5
(b) regulations made under this Act or the other enactment.
6
(2) A document that is required or permitted by this Act or another
7
enactment to be given to a person for the purposes of a proceeding
8
before the Tribunal must be given to the person in accordance
9
with:
10
(a) any direction under section 18B; or
11
(b) regulations made under this Act or the other enactment.
12
(3) A direction given under section 18B for the purposes of
13
paragraph (1)(a) or (2)(a) must not be inconsistent with regulations
14
in force for the purposes of paragraph (1)(b) or (2)(b).
15
(4) Subsections (1) and (2) do not apply to the extent to which this Act
16
or another enactment specifies how a document or thing is to be
17
lodged with or given to the Tribunal, or given to a person, for the
18
purposes of a proceeding before the Tribunal.
19
6 Savings provision
20
The amendment of section 68 of the Administrative Appeals Tribunal
21
Act 1975 made by this Schedule does not affect a direction or regulation
22
in force for the purposes of section 68 immediately before the
23
commencement of the amendment.
24
A New Tax System (Family Assistance) (Administration) Act
25
1999
26
7 Section 129
27
Repeal the section.
28
Bankruptcy Act 1966
29
8 After subsection 54(6)
30
Insert:
31
Amendments Schedule 1
No. , 2015
Civil Law and Justice (Omnibus Amendments) Bill 2015
5
(6A) Subsection (6) does not prevent the making available of
1
information as required by law.
2
9 After subsection 55(11)
3
Insert:
4
(11A) Subsection (11) does not prevent the making available of
5
information as required by law.
6
10 Paragraph 139ZA(3)(a)
7
Omit "lodged with the Official Receiver's office", substitute "given to
8
the Inspector-General".
9
11 Subsection 139ZA(4)
10
Repeal the subsection.
11
12 Subsection 139ZA(5)
12
Omit "lodged", substitute "received".
13
13 Subsection 139ZE(1)
14
Omit "to the bankrupt, to the trustee and to the Official Receiver",
15
substitute ", to the bankrupt and the trustee".
16
14 Paragraph 139ZIO(3)(a)
17
Omit "lodged with the Official Receiver's office", substitute "given to
18
the Inspector-General".
19
15 Subsection 139ZIO(4)
20
Repeal the subsection.
21
16 Subsection 139ZIO(5)
22
Omit "lodged", substitute "received".
23
17 Paragraph 139ZIS(1)(d)
24
Omit "trustee; and", substitute "trustee;".
25
18 Paragraph 139ZIS(1)(e)
26
Repeal the paragraph.
27
Schedule 1 Amendments
6
Civil Law and Justice (Omnibus Amendments) Bill 2015
No. , 2015
19 After subsection 139ZM(1)
1
Insert:
2
(1A) The application must be made:
3
(a) not later than 60 days after the day the notice under
4
section 139ZL was given to the applicant; or
5
(b) if the applicant is another interested person--not later than 60
6
days after the day the applicant became aware that the notice
7
has been given.
8
20 After subsection 139ZS(1)
9
Insert:
10
(1A) The application must be made:
11
(a) not later than 60 days after the day the notice under
12
section 139ZQ was given to the applicant; or
13
(b) if the applicant is another interested person--not later than 60
14
days after the day the applicant became aware that the notice
15
has been given.
16
21 Paragraph 149K(3)(a)
17
Omit "lodged with the Official Receiver's office", substitute "given to
18
the Inspector-General".
19
22 Subsection 149K(4)
20
Repeal the subsection.
21
23 Subsection 149K(5)
22
Omit "lodged", substitute "received".
23
24 Subsection 225(4)
24
Omit "signed in accordance with section 203".
25
Child Support (Registration and Collection) Act 1988
26
25 Section 96B
27
Repeal the section, substitute:
28
Amendments Schedule 1
No. , 2015
Civil Law and Justice (Omnibus Amendments) Bill 2015
7
96B Notice of application for AAT second review
1
The AAT Act applies in relation to an application referred to in
2
paragraph 96A(a) as if the reference in paragraph 29AC(1)(b) of
3
the AAT Act to the person who made the decision were a reference
4
to the Registrar within the meaning of this Act.
5
Evidence Act 1995
6
26 Division 1A of Part 3.10 (heading)
7
Repeal the heading, substitute:
8
Division 1C--Journalist privilege
9
Note:
There is no Division 1A or 1B in this Part. This gap is in order to maintain consistent
10
numbering with the NSW Act, which includes Divisions 1A and 1B.
11
27 Section 126G (heading)
12
Repeal the heading, substitute:
13
126J Definitions
14
28 Section 126H (heading)
15
Repeal the heading, substitute:
16
126K Journalist privilege relating to identity of informant
17
29 Section 131A (heading)
18
Repeal the heading, substitute:
19
131A Extended application of Division 1C
20
30 Subsections 131A(1) and (1A)
21
Omit "section 126H", substitute "section 126K".
22
31 Subsection 131A(1A)
23
Omit "subsection 126H(1)", substitute "subsection 126K(1)".
24
32 Section 131B (heading)
25
Repeal the heading, substitute:
26
Schedule 1 Amendments
8
Civil Law and Justice (Omnibus Amendments) Bill 2015
No. , 2015
131B Extended application of Division 1C etc. to all proceedings for
1
Commonwealth offences
2
33 Section 131B
3
Omit "Division 1A", substitute "Division 1C".
4
Family Law Act 1975
5
34 Paragraph 69ZX(4)(a)
6
Omit "subsection 126H(1)", substitute "subsection 126K(1)".
7
Federal Circuit Court of Australia Act 1999
8
35 Section 5
9
Insert:
10
conveyance includes a vehicle, a vessel and an aircraft.
11
dwelling house includes a conveyance, or a room in
12
accommodation, in which people ordinarily retire for the night.
13
police officer means a member or special member of the Australian
14
Federal Police or a member of the police force or police service of
15
a State or Territory.
16
premises includes a place and a conveyance.
17
36 Section 31
18
Omit "section 19E of that Act.", substitute "section 13F of that Act.
19
Section 20A of this Act does not affect this section.".
20
37 After section 113
21
Insert:
22
Amendments Schedule 1
No. , 2015
Civil Law and Justice (Omnibus Amendments) Bill 2015
9
113A Making arrests under this Act or warrants
1
Application
2
(1) This section applies to any of the following persons (the arrester)
3
who is authorised by this Act, or a warrant issued under this Act or
4
the Rules of Court, to arrest another person (the arrestee):
5
(a) the Sheriff of the Federal Circuit Court;
6
(b) a Deputy Sheriff of the Federal Circuit Court;
7
(c) the Sheriff of a court of a State or Territory;
8
(d) a Deputy Sheriff of a court of a State or Territory;
9
(e) a police officer.
10
Power to enter premises
11
(2) If the arrester reasonably believes the arrestee is on premises, the
12
arrester may enter the premises, using such force as is necessary
13
and reasonable in the circumstances, at any time of the day or night
14
for the purpose of searching the premises for the arrestee or
15
arresting the arrestee.
16
(3) However, the arrester must not enter a dwelling house between 9
17
pm one day and 6 am the next day unless he or she reasonably
18
believes that it would not be practicable to arrest the arrestee there
19
or elsewhere at another time.
20
Use of force
21
(4) In the course of arresting the arrestee, the arrester:
22
(a) must not use more force, or subject the arrestee to greater
23
indignity, than is necessary and reasonable to make the arrest
24
or to prevent the arrestee's escape after the arrest; and
25
(b) must not do anything that is likely to cause the death of, or
26
grievous bodily harm to, the arrestee unless the arrester
27
reasonably believes that doing that thing is necessary to
28
protect life or prevent serious injury to another person
29
(including the arrester); and
30
(c) if the arrestee is attempting to escape arrest by fleeing--must
31
not do a thing described in paragraph (b) unless:
32
Schedule 1 Amendments
10
Civil Law and Justice (Omnibus Amendments) Bill 2015
No. , 2015
(i) the arrester reasonably believes that doing that thing is
1
necessary to protect life or prevent serious injury to
2
another person (including the arrester); and
3
(ii) the arrestee has, if practicable, been called on to
4
surrender and the arrester reasonably believes that the
5
arrestee cannot be arrested in any other way.
6
Informing the arrestee of grounds for arrest
7
(5) When arresting the arrestee, the arrester must inform the arrestee of
8
the grounds for the arrest.
9
(6) It is sufficient if the arrestee is informed of the substance of those
10
grounds, not necessarily in precise or technical language.
11
(7) Subsection (5) does not apply if:
12
(a) the arrestee should, in the circumstances, know the substance
13
of the grounds for the arrest; or
14
(b) the arrestee's actions make it impracticable for the arrester to
15
inform the arrestee of those grounds.
16
38 Application provision
17
Section 113A of the Federal Circuit Court of Australia Act 1999
18
applies in relation to arrests:
19
(a) authorised by that Act after the commencement of that
20
section; or
21
(b) authorised by warrants issued under that Act after that
22
commencement.
23
Federal Court of Australia Act 1976
24
39 Section 4
25
Insert:
26
Roll has the same meaning as in the Commonwealth Electoral Act
27
1918.
28
40 Subsections 23BH(1) and (2)
29
Repeal the subsections, substitute:
30
Amendments Schedule 1
No. , 2015
Civil Law and Justice (Omnibus Amendments) Bill 2015
11
(1) The prosecutor may, in accordance with the Rules of Court, amend
1
or replace an indictment in relation to an accused at any time when:
2
(a) no date has been set for the start of the trial of the accused on
3
the indictment; or
4
(b) the 90 day period ending on the date set for the start of the
5
trial of the accused on the indictment has not started.
6
Note:
A trial starts when the accused is arraigned before a jury (see
7
subsection 23FA(2)).
8
(2) If the 90 day period ending on the date set for the start of the trial
9
has started, or the trial has started, the prosecutor may only amend
10
or replace the indictment with the leave of the Court.
11
41 Subsection 23BH(3) (heading)
12
Repeal the heading.
13
42 Section 23CA
14
Repeal the section, substitute:
15
23CA Pre-trial hearings
16
If the Court notifies the prosecutor and the accused in writing of a
17
pre-trial hearing in relation to an indictment filed in the Court:
18
(a) the prosecutor and the accused must attend the pre-trial
19
hearing; and
20
(b) the accused must enter a plea to each count in the indictment
21
that relates to the accused (unless the accused has already
22
done so in a previous pre-trial hearing).
23
Note:
The Court may also order pre-trial disclosure (see
24
subsection 23CD(1)).
25
43 Subparagraph 23CE(b)(ii)
26
Before "a written summary", insert "if the prosecutor cannot obtain
27
such a signed statement--".
28
44 Subsection 23DG(1)
29
Repeal the subsection, substitute:
30
(1) The Sheriff may prepare a written jury roll for a jury district
31
composed of the Rolls (as on the day the Sheriff begins the
32
Schedule 1 Amendments
12
Civil Law and Justice (Omnibus Amendments) Bill 2015
No. , 2015
preparation) for each electoral Division that forms part of the jury
1
district.
2
45 Subsection 23DV(2)
3
Repeal the subsection, substitute:
4
(2) A potential juror who is not empanelled as one of the jurors for the
5
trial under section 23DU is taken to be excused by the Court from
6
serving on the jury at the earlier of:
7
(a) the closing of the session of court at which the jury delivers
8
its verdict on all counts or a judgment of acquittal under
9
subsection 23FH(2) is delivered; or
10
(b) the day after the end of the 3 month period starting on the day
11
on which a jury is first empanelled as the jury for the trial.
12
46 Subsection 23EL(1)
13
Repeal the subsection.
14
47 Paragraph 23EM(2)(a)
15
Repeal the paragraph, substitute:
16
(a) the jury is discharged under subsection 23EL(3) or (5) during
17
the 3 month period starting on the day on which a jury is first
18
empanelled for the trial under section 23DU; and
19
48 Subsection 23EM(3)
20
Repeal the subsection, substitute:
21
(3) If the jury is discharged under subsection 23EL(3) or (5) during the
22
3 month period starting on the day on which a jury is first
23
empanelled for the trial under section 23DU, the Court may:
24
(a) direct an officer of the Court to start the process for
25
empanelling a new jury under section 23DU from the same
26
jury panel; and
27
(b) give any other direction the Court thinks convenient to give
28
in relation to that process.
29
Note:
For example, the Court may direct the officer to make further
30
enquiries as mentioned in section 23DN of persons on the panel or of
31
the Commissioner of the Australian Federal Police.
32
Amendments Schedule 1
No. , 2015
Civil Law and Justice (Omnibus Amendments) Bill 2015
13
49 Paragraph 23EM(5)(a)
1
Repeal the paragraph, substitute:
2
(a) the following persons cannot be empanelled on the new jury
3
and remain discharged:
4
(i) any person previously empanelled as one of the jurors
5
for the trial (including any person discharged otherwise
6
than under subsection 23EJ(1) before the direction
7
under paragraph (3)(a) was given);
8
(ii) any potential juror in the trial discharged before the
9
direction under paragraph (3)(a) was given; and
10
50 Paragraph 23GB(2)(b)
11
Omit "paragraph 23CA(1)(b)", substitute "paragraph 23CA(b)".
12
51 Paragraph 30AE(4)(a)
13
Repeal the paragraph.
14
52 Paragraph 30AL(a)
15
Omit "indictable".
16
53 Paragraphs 30BF(2)(b) and (5)(b)
17
Omit "Judge" (wherever occurring), substitute "Judge or magistrate".
18
54 Application provision
19
The amendments of section 30BF of the Federal Court of Australia Act
20
1976 made by this Schedule apply in relation to an appeal allowed on or
21
after the day the amendments commence, regardless of when the appeal
22
was brought.
23
Freedom of Information Act 1982
24
55 Subsection 61A(1) (table item 1)
25
Repeal the item.
26
International Arbitration Act 1974
27
56 Part II (heading)
28
Repeal the heading, substitute:
29
Schedule 1 Amendments
14
Civil Law and Justice (Omnibus Amendments) Bill 2015
No. , 2015
Part II--Enforcement of foreign arbitration
1
agreements and awards
2
57 Subsection 8(4)
3
Repeal the subsection.
4
58 Application provision
5
The repeal of subsection 8(4) of the International Arbitration Act 1974
6
by this Schedule applies in relation to the enforcement of a foreign
7
award on or after the day the amendment commences, regardless of
8
when the award was made.
9
59 Paragraph 8(5)(a)
10
Omit "that party, being a party to the arbitration agreement in pursuance
11
of which the award was made,", substitute "a party to the arbitration
12
agreement in pursuance of which the award was made".
13
60 Subsection 22(2) (heading)
14
Repeal the heading, substitute:
15
Application of sections other than section 23H and 24
16
61 After paragraph 22(2)(c)
17
Insert:
18
(ca) section 23C;
19
(cb) section 23D;
20
(cc) section 23E;
21
(cd) section 23F;
22
(ce) section 23G;
23
62 Subsection 22(3)
24
Repeal the subsection.
25
63 Application provision
26
The amendments of Division 3 of Part III of the International
27
Arbitration Act 1974 made by this Schedule apply to arbitral
28
proceedings commenced in reliance on an arbitration agreement made
29
on or after the day the amendments commence.
30
Amendments Schedule 1
No. , 2015
Civil Law and Justice (Omnibus Amendments) Bill 2015
15
64 Section 30
1
Repeal the section.
2
James Hardie (Investigations and Proceedings) Act 2004
3
65 Subsection 3(1) (definition of professional confidential
4
relationship privilege)
5
Repeal the definition, substitute:
6
professional confidential relationship privilege means privilege
7
under Division 1A of Part 3.10 of the Evidence Act 1995 (NSW) or
8
a similar law of a State or Territory.
9
Paid Parental Leave Act 2010
10
66 Section 239
11
Repeal the section.
12
Proceeds of Crime Act 2002
13
67 Section 338 (definition of professional confidential
14
relationship privilege)
15
Repeal the definition, substitute:
16
professional confidential relationship privilege means privilege
17
under Division 1A of Part 3.10 of the Evidence Act 1995 (NSW) or
18
a similar law of a State or Territory.
19
Public Interest Disclosure Act 2013
20
68 Subsection 23(2)
21
Omit "section 126H", substitute "section 126K".
22
Social Security (Administration) Act 1999
23
69 Section 180 (table item 1)
24
Repeal the item.
25
Schedule 1 Amendments
16
Civil Law and Justice (Omnibus Amendments) Bill 2015
No. , 2015
Student Assistance Act 1973
1
70 Section 321
2
Repeal the section.
3