Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
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
Judiciary Amendment Bill 2015
No. , 2015
(Attorney-General)
A Bill for an Act to consolidate the Australian
Government Solicitor into the Attorney-General's
Department, and for related purposes
No. , 2015
Judiciary Amendment Bill 2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Main amendments
3
Judiciary Act 1903
3
Schedule 2--Consequential amendments
7
Director of Public Prosecutions Act 1983
7
Freedom of Information Act 1982
7
Schedule 3--Transitional arrangements
8
Part 1--Preliminary
8
Part 2--Activity of AGS
10
Part 3--Transfer of assets and liabilities
12
Division 1--Transfer from AGS to the Commonwealth
12
Division 2--Instruments, legal proceedings and records
12
Division 3--General provisions
13
Part 4--Books, reports, returns etc.
15
Part 5--Staff
16
Part 6--Other transitional matters
21
No. , 2015
Judiciary Amendment Bill 2015
1
A Bill for an Act to consolidate the Australian
1
Government Solicitor into the Attorney-General's
2
Department, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Judiciary Amendment 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
Judiciary Amendment 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. Schedules 1 to
3
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.
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
Main amendments Schedule 1
No. , 2015
Judiciary Amendment Bill 2015
3
Schedule 1
--Main amendments
1
2
Judiciary Act 1903
3
1 Section 2 (definition of AGS)
4
Repeal the definition, substitute:
5
AGS has the meaning given by section 55J.
6
2 Section 55I (definition of AGS lawyer)
7
Repeal the definition, substitute:
8
AGS lawyer means:
9
(a) the AGS; or
10
(b) a person:
11
(i) whose name is on the roll of barristers and solicitors of
12
the High Court kept under the Rules of Court, or the roll
13
of barristers, solicitors, barristers and solicitors or legal
14
practitioners of the Supreme Court of a State or
15
Territory; and
16
(ii) who is a person in the Attorney-General's Department
17
who is engaged under the Public Service Act 1999; and
18
(iii) who ordinarily performs work for clients of the AGS
19
under the supervision or direction of the AGS.
20
3 Section 55I (definition of CEO)
21
Repeal the definition.
22
4 Section 55I (definition of Finance Minister)
23
Repeal the definition.
24
5 Division 2 of Part VIIIB (heading)
25
Repeal the heading, substitute:
26
Schedule 1 Main amendments
4
Judiciary Amendment Bill 2015
No. , 2015
Division 2--Identity and activity of the Australian
1
Government Solicitor
2
6 Sections 55J, 55K, 55L and 55M
3
Repeal the sections, substitute:
4
55J The Australian Government Solicitor
5
(1) There is to be an Australian Government Solicitor (the AGS).
6
(2) The AGS must be a person:
7
(a) whose name is on:
8
(i) the roll of barristers and solicitors of the High Court
9
kept under the Rules of Court; or
10
(ii) the roll of barristers, solicitors, barristers and solicitors
11
or legal practitioners of the Supreme Court of a State or
12
Territory; and
13
(b) who is a person in the Attorney-General's Department who is
14
engaged under the Public Service Act 1999.
15
7 Subsection 55N(1)
16
Omit "In performing its functions, the AGS may provide services to the
17
following", substitute "The AGS may provide legal services and related
18
services to or for the following".
19
8 Subsection 55N(2)
20
Omit "In performing its functions, the AGS may provide services to the
21
following", substitute "The AGS may provide legal services and related
22
services to or for the following".
23
9 Subsections 55N(3) and (4)
24
Repeal the subsections, substitute:
25
(3) The AGS may provide legal services and related services to or for
26
a person or body, or class of persons or bodies, not referred to in
27
subsection (1) or (2) if the Attorney-General requests the AGS to
28
do so.
29
Main amendments Schedule 1
No. , 2015
Judiciary Amendment Bill 2015
5
(4) The AGS may provide legal services and related services to or for
1
a person or body, or class of persons or bodies, not referred to in
2
subsection (1) or (2) if the AGS so determines.
3
(4A) The AGS may provide services under subsection (3) or (4) only for
4
a purpose for which the Commonwealth has power to make laws.
5
10 Subsection 55P(1)
6
After "The AGS may", insert ", on behalf of the Commonwealth,".
7
11 Paragraph 55P(1)(a)
8
Omit "provided by it in the course of performing its functions", insert
9
"provided by the AGS in accordance with section 55N".
10
12 At the end of section 55P
11
Add:
12
(3) A fee charged under subsection (1):
13
(a) is a debt due to the Commonwealth; and
14
(b) is recoverable by the Commonwealth in a court of competent
15
jurisdiction.
16
(4) Fees charged to the Commonwealth (or to a part of the
17
Commonwealth) under subsection (1) are notionally payable by the
18
Commonwealth (or by the part of the Commonwealth).
19
Subsection (3) does not apply to such fees.
20
13 Subsection 55Q(4)
21
Omit "the lawyer's position as an employee of the AGS", substitute "his
22
or her position as an AGS lawyer".
23
14 Divisions 4 and 5 of Part VIIIB
24
Repeal the Divisions.
25
15 Subsection 55ZF(3) (paragraph (a) of the definition of
26
Commonwealth legal work)
27
Repeal the paragraph, substitute:
28
(a) any work performed by or on behalf of the AGS in providing
29
services in accordance with section 55N; or
30
Schedule 1 Main amendments
6
Judiciary Amendment Bill 2015
No. , 2015
16 Paragraph 55ZG(1)(d)
1
Omit "CEO", substitute "AGS".
2
Consequential amendments Schedule 2
No. , 2015
Judiciary Amendment Bill 2015
7
Schedule 2
--Consequential amendments
1
2
Director of Public Prosecutions Act 1983
3
1 Paragraph 11(1)(b)
4
Repeal the paragraph, substitute:
5
(b) the Australian Government Solicitor; or
6
2 Subsection 32(1)
7
Omit "Chief Executive Officer of the AGS", substitute "Australian
8
Government Solicitor (the AGS)".
9
3 Subsection 32(4)
10
Repeal the subsection.
11
4 Paragraphs 32A(5)(a) and (b)
12
Repeal the paragraphs, substitute:
13
(a) the Australian Government Solicitor (the AGS); or
14
(b) another AGS lawyer (within the meaning of section 55I of
15
the Judiciary Act 1903);
16
5 Subsection 32A(6)
17
Repeal the subsection.
18
6 Paragraph 33A(b)
19
Omit "Chief Executive Officer of the AGS (within the meaning of
20
Part VIIIB of that Act)", substitute "Australian Government Solicitor".
21
Freedom of Information Act 1982
22
7 Division 1 of Part I of Schedule 2
23
Omit:
24
Australian Government Solicitor
8 Division 1 of Part II of Schedule 2 (paragraph (b) of the item
25
relating to Attorney-General
's Department)
26
Omit "commercial".
27
Schedule 3 Transitional arrangements
Part 1 Preliminary
8
Judiciary Amendment Bill 2015
No. , 2015
Schedule 3
--Transitional arrangements
1
Part 1
--Preliminary
2
1 Definitions
3
In this Schedule:
4
AGS agreement means the enterprise agreement known as the
5
Australian Government Solicitor Enterprise Agreement 2012 approved
6
on 29 June 2012 in decision [2012] FWAA 5568.
7
asset means:
8
(a) any legal or equitable estate or interest in real or personal
9
property, whether actual, contingent or prospective; and
10
(b) any right, power, privilege or immunity, whether actual,
11
contingent or prospective.
12
assets official, in relation to an asset other than land, means the person
13
or authority who, under a law of the Commonwealth, a State or a
14
Territory, under a trust instrument or otherwise, has responsibility for
15
keeping a register in relation to assets of the kind concerned.
16
commencement time means the time at which this Schedule
17
commences.
18
exempt matter: see item 10.
19
former AGS means the Australian Government Solicitor established
20
under the Judiciary Act 1903 (as in force immediately before the
21
commencement time).
22
instrument:
23
(a) includes:
24
(i) an agreement or undertaking; and
25
(ii) a notice, authority, order or instruction; and
26
(iii) an instrument made under an Act or regulations; but
27
(b) does not include:
28
(i) an Act; or
29
(ii) instruments made under this Act.
30
land means any legal or equitable estate or interest in real property,
31
whether actual, contingent or prospective.
32
Transitional arrangements Schedule 3
Preliminary Part 1
No. , 2015
Judiciary Amendment Bill 2015
9
land registration official, in relation to land, means the Registrar of
1
Titles or other proper officer of the State or Territory in which the land
2
is situated.
3
liability means any liability, duty or obligation, whether actual,
4
contingent or prospective.
5
new AGS means the Australian Government Solicitor mentioned in
6
section 55J of the Judiciary Act 1903 (as in force on and after the
7
commencement time).
8
rules means the rules made under item 25.
9
Schedule 3 Transitional arrangements
Part 2 Activity of AGS
10
Judiciary Amendment Bill 2015
No. , 2015
Part 2
--Activity of AGS
1
2 AGS continues to act in relation to matters
2
If:
3
(a) the former AGS was acting in relation to a matter just before
4
the commencement time; and
5
(b) the matter continues after the commencement time;
6
the new AGS is taken to be substituted for the former AGS, for all
7
purposes, in relation to the matter and all references to the former AGS
8
in relation to the matter are taken to be references to the new AGS.
9
3 Persons and bodies for whom the AGS may provide
10
services
11
(1)
A request:
12
(a) made by the Attorney-General under subsection 55N(3) of
13
the Judiciary Act 1903; and
14
(b) in force immediately before the commencement time;
15
has effect, from the commencement time, as if it had been made
16
under that subsection as amended by Schedule 1 to this Act.
17
(2)
A determination:
18
(a) made by the CEO of the former AGS under
19
subsection 55N(4) of the Judiciary Act 1903; and
20
(b) in force immediately before the commencement time;
21
has effect, from the commencement time, as if it had been made
22
under that subsection as amended by Schedule 1 to this Act.
23
4 Appointment to receive service
24
(1)
This item applies to an appointment that:
25
(a) was made under section 63 of the Judiciary Act 1903 by the
26
Attorney-General of the Commonwealth; and
27
(b) was in force immediately before the commencement time;
28
and
29
(c) appointed a class of AGS lawyer for the purposes of that
30
section.
31
Transitional arrangements Schedule 3
Activity of AGS Part 2
No. , 2015
Judiciary Amendment Bill 2015
11
(2)
To avoid doubt, the appointment continues to have effect, after the
1
commencement time, in relation to that class of AGS lawyer.
2
(3)
To avoid doubt, this item does not affect the ability of the
3
Attorney-General of the Commonwealth to amend or revoke the
4
appointment.
5
Schedule 3 Transitional arrangements
Part 3 Transfer of assets and liabilities
12
Judiciary Amendment Bill 2015
No. , 2015
Part 3
--Transfer of assets and liabilities
1
Division 1
--Transfer from AGS to the Commonwealth
2
5 AGS assets and liabilities
3
(1)
At the commencement time, the assets and liabilities of the former AGS
4
cease to be assets and liabilities of the former AGS and become assets
5
and liabilities of the Commonwealth, without any conveyance, transfer
6
or assignment. The Commonwealth becomes the successor in law in
7
relation to those assets and liabilities.
8
(2)
To avoid doubt, for the purposes of an income tax law (within the
9
meaning of the Income Tax Assessment Act 1997), the operation of
10
subitem (1) does not result in any of the following:
11
(a) an amount being included in the assessable income of the
12
former AGS for the income year in which the
13
commencement time occurs;
14
(b) an increase of an amount included in that assessable income.
15
Division 2
--Instruments, legal proceedings and records
16
6 References in instruments to the former AGS
17
(1)
This item applies to an instrument that:
18
(a) is in force immediately before the commencement time; and
19
(b) contains a reference to the former AGS.
20
(2)
If the instrument relates to an asset or liability that, as a result of the
21
operation of item 5, becomes an asset or liability of the Commonwealth,
22
then the reference to the former AGS has effect, at and after the
23
commencement time, as if it were a reference to the Commonwealth.
24
(3)
This item does not, by implication, prevent the instrument from being
25
varied or terminated after the commencement time.
26
7 Legal proceedings of AGS
27
(1)
This item applies to any proceedings:
28
(a) that were pending in any court or tribunal immediately before
29
the commencement time; and
30
Transitional arrangements Schedule 3
Transfer of assets and liabilities Part 3
No. , 2015
Judiciary Amendment Bill 2015
13
(b) to which the former AGS was a party.
1
(2)
At and after the commencement time, the Commonwealth is substituted
2
for the former AGS as a party to the proceedings.
3
Division 3
--General provisions
4
8 Certificates for vesting of assets other than land
5
(1)
This item applies if:
6
(a) an asset other than land vests in the Commonwealth under
7
this Part; and
8
(b) there is lodged with an assets official a certificate that:
9
(i) is signed by the Minister; and
10
(ii) identifies the asset; and
11
(iii) states that the asset has become vested in the
12
Commonwealth under this Part.
13
(2)
The assets official may:
14
(a) deal with, and give effect to, the certificate as if it were a
15
proper and appropriate instrument for transactions in relation
16
to assets of that kind; and
17
(b) make such entries in the register in relation to assets of that
18
kind as are necessary, having regard to the effect of this Part.
19
(3)
A certificate made under subitem (1) is not a legislative instrument.
20
9 Contracts etc.
21
If a contract, agreement, arrangement or understanding, entered into by
22
the former AGS, was in force immediately before the commencement
23
time, it has effect, on and after that time, as if the Commonwealth had
24
entered into it.
25
10 Exemption from stamp duty and other State or Territory
26
taxes
27
(1)
No stamp duty or other tax is payable under a law of a State or a
28
Territory in respect of an exempt matter, or anything connected with an
29
exempt matter.
30
(2)
An exempt matter is:
31
(a) the vesting of an asset or liability under this Part; or
32
Schedule 3 Transitional arrangements
Part 3 Transfer of assets and liabilities
14
Judiciary Amendment Bill 2015
No. , 2015
(b) the operation of this Schedule (including the rules) in any
1
other respect.
2
(3)
The Minister may certify in writing:
3
(a) that a specified matter is an exempt matter; or
4
(b) that a specified thing was connected with a specified exempt
5
matter.
6
(4)
A certificate made under subitem (3) is not a legislative instrument.
7
11 Certificates taken to be authentic
8
A document that appears to be a certificate made or issued under item 8
9
or 10:
10
(a) is taken to be such a certificate; and
11
(b) is taken to have been properly given;
12
unless the contrary is established.
13
Transitional arrangements Schedule 3
Books, reports, returns etc. Part 4
No. , 2015
Judiciary Amendment Bill 2015
15
Part 4
--Books, reports, returns etc.
1
12 Transfer of custody of records or documents of former
2
AGS
3
(1)
This item applies to a record or document that, immediately before the
4
commencement time, was in the custody of the former AGS.
5
(2)
After the commencement time, the record or document is to be
6
transferred into the custody of the Commonwealth.
7
13 Financial statements and other reporting requirements for
8
the former AGS
9
Reporting requirements
10
(1)
If:
11
(a) immediately before the commencement time, a law required
12
the CEO of the former AGS to provide a report (whether
13
financial statements or otherwise) for a period; and
14
(b) the period ends after the commencement time;
15
the Secretary of the Department must provide the report, as required, for
16
so much of the period as occurs before the commencement time.
17
(2)
If:
18
(a) under subitem (1), the Secretary of the Department is
19
required to provide a report for a part of a period; and
20
(b) the Secretary of the Department is also required to provide a
21
similar report for the remainder of the period;
22
the Secretary of the Department may meet the requirements in a single
23
report for the period.
24
Outstanding reporting requirements
25
(3)
If:
26
(a) a law required the CEO of the former AGS to provide a
27
report (whether financial statements or otherwise) for a
28
period that ended before the commencement time; and
29
(b) the report has not been provided by the commencement time;
30
the Secretary of the Department must provide the report as required.
31
Schedule 3 Transitional arrangements
Part 5 Staff
16
Judiciary Amendment Bill 2015
No. , 2015
Part 5
--Staff
1
14 Transfer of business
2
(1)
This item applies if:
3
(a) immediately before the commencement time, a person was an
4
employee of the former AGS; and
5
(b) at the commencement time, the person becomes engaged as
6
an APS employee in the Attorney-General's Department
7
under section 72 of the Public Service Act 1999.
8
(2)
In determining, for the purposes of the Fair Work Act 2009, whether
9
there is a transfer of business from the former AGS to the
10
Commonwealth in those circumstances, treat the requirement in
11
paragraph 311(1)(d) as being satisfied.
12
(3)
Despite section 312 of the Fair Work Act 2009, the only transferable
13
instrument in relation to such a transfer of business is the AGS
14
agreement.
15
15 AGS agreement
--AGD employees who work under the
16
AGS
17
(1)
The AGS agreement covers and applies to the Commonwealth and the
18
Community and Public Sector Union, and covers and applies to a
19
person if, after the commencement time:
20
(a) the AGS agreement (disregarding this item) does not apply to
21
the person; and
22
(b) the person:
23
(i) is a person in the Attorney-General's Department who is
24
engaged under the Public Service Act 1999; and
25
(ii) ordinarily performs work under the supervision or
26
direction of the new AGS.
27
(2)
The AGS agreement has effect under subitem (1) as if:
28
(a) references in the agreement to the CEO were references to
29
the Secretary of the Attorney-General's Department; and
30
(b) references in the agreement to the AGS were references to
31
the Department.
32
(3)
This item is subject to item 17.
33
Transitional arrangements Schedule 3
Staff Part 5
No. , 2015
Judiciary Amendment Bill 2015
17
16 AGS agreement
--guidelines and policies
1
(1)
Guidelines and policies relating to employment conditions,
2
administrative process and other employment-related matters that had
3
effect for the purposes of the AGS agreement immediately before the
4
commencement time also have effect for the purposes of that agreement
5
as it has effect:
6
(a) because of a transfer of business mentioned in item 14; or
7
(b) under item 15.
8
(2)
Guidelines and policies have effect under subitem (1) as if:
9
(a) references in the agreement to the CEO were references to
10
the Secretary of the Attorney-General's Department; and
11
(b) references in the agreement to the former AGS were
12
references to the Department.
13
(3)
Subitem (2) does not prevent the variation, withdrawal or replacement
14
of the guidelines and policies, as they have effect under that subitem, by
15
the Secretary of the Department.
16
(4)
This item is subject to item 17.
17
17 AGS agreement
--ceases when new AGD agreement
18
commences
19
(1)
This item applies if, after the commencement time, an enterprise
20
agreement commences operation that covers:
21
(a) all employees in the Attorney-General's Department; or
22
(b) all employees in the Department (other than SES employees).
23
(2)
At the time that the enterprise agreement commences operation, the
24
AGS agreement ceases to have operation.
25
18 Accrued entitlements etc. of former AGS employees who
26
become APS employees
27
Persons to whom this item applies
28
(1)
This item applies to a person if:
29
(a) immediately before the commencement time, the person was
30
an employee of the former AGS; and
31
Schedule 3 Transitional arrangements
Part 5 Staff
18
Judiciary Amendment Bill 2015
No. , 2015
(b) at the commencement time, the person becomes engaged as
1
an APS employee under section 72 of the Public Service Act
2
1999.
3
Preservation of accrued entitlements
4
(2)
The person is taken to have accrued an entitlement to benefits, in
5
connection with becoming an APS employee, that is equivalent to the
6
entitlement that the person had as an employee of the former AGS
7
immediately before the commencement time.
8
Continuity of service
9
(3)
The service of the person as an APS employee is taken, for all purposes,
10
to be continuous with his or her service as an employee of the former
11
AGS.
12
Long service leave
13
(4)
For the purposes of the Long Service Leave (Commonwealth
14
Employees) Act 1976, the person's service before the commencement
15
time as an employee of the former AGS is to be treated, at and after that
16
time, as if it had been service by the person as an APS employee.
17
Maternity leave
18
(5)
For the purposes of the Maternity Leave (Commonwealth Employees)
19
Act 1973, the person's service before the commencement time as an
20
employee of the former AGS is to be treated, at and after that time, as if
21
it had been service by the person as an APS employee.
22
19 Safety, Rehabilitation and Compensation Act 1988
23
(1)
This item applies in relation to a person if:
24
(a) the person was an employee of the former AGS before the
25
commencement time (whether or not the person was still an
26
employee of the former AGS immediately before the
27
commencement time); and
28
(b) the person was an employee (within the meaning of the
29
Safety, Rehabilitation and Compensation Act 1988 (the SRC
30
Act)) of the former AGS; and
31
(c) the person suffered an injury (within the meaning of that Act)
32
before the commencement time.
33
Transitional arrangements Schedule 3
Staff Part 5
No. , 2015
Judiciary Amendment Bill 2015
19
(2)
The SRC Act applies, after the commencement time, as if the person
1
had been engaged as an APS employee in the Attorney-General's
2
Department during the period that the person was an employee of the
3
former AGS as mentioned in paragraph (1)(a).
4
(3)
This item does not limit items 6 and 22 of this Schedule.
5
20 Rules
--staffing procedures
6
(1)
The rules may provide for:
7
(a) staffing procedures of the former AGS to apply, or to
8
continue to apply, in relation to:
9
(i) processes begun before, but not completed by, the
10
commencement time; or
11
(ii) things done by, for or in relation to the former AGS or
12
an employee of the former AGS before that time; or
13
(b) staffing procedures of the Attorney-General's Department to
14
apply in relation to:
15
(i) processes begun before, but not completed by, that time;
16
or
17
(ii) things done by, for or in relation to the former AGS
18
before that time.
19
(2)
Rules made for the purposes of this item have effect despite the Public
20
Service Act 1999.
21
(3)
In this item:
22
staffing procedures includes procedures and policies related to:
23
(a) recruitment, promotion or performance management; or
24
(b) inefficiency, misconduct, forfeiture of position, fitness for
25
duty or loss of essential qualifications; or
26
(c) disciplinary action, grievance processes or reviews of, or
27
appeals against, staffing decisions; or
28
(d) transfers, resignations or termination of employment; or
29
(e) leave.
30
21 No transfer of appointment, engagement or employment
31
of former AGS staff
32
(1)
Nothing in this Schedule produces the result that the appointment,
33
engagement or employment of an employee of the former AGS has
34
Schedule 3 Transitional arrangements
Part 5 Staff
20
Judiciary Amendment Bill 2015
No. , 2015
effect as if it were an appointment, engagement or employment of the
1
person in relation to the Commonwealth.
2
(2)
To avoid doubt, if a person:
3
(a) ceases to be an employee of the former AGS; and
4
(b) becomes engaged as an APS employee under section 72 of
5
the Public Service Act 1999;
6
the person is not entitled to receive any payment or other benefit merely
7
because he or she ceased to be an employee of the former AGS.
8
Transitional arrangements Schedule 3
Other transitional matters Part 6
No. , 2015
Judiciary Amendment Bill 2015
21
Part 6
--Other transitional matters
1
22 References in existing Commonwealth laws to AGS
2
To avoid doubt, a reference in a law of the Commonwealth (as in force
3
immediately before the commencement time) to the Australian
4
Government Solicitor (or to the AGS) is taken on and after the
5
commencement time to be a reference to the new AGS.
6
23 Compensation for acquisition of property
7
(1)
If the operation of this Schedule would result in an acquisition of
8
property from a person otherwise than on just terms, the
9
Commonwealth is liable to pay a reasonable amount of compensation to
10
the person.
11
(2)
If the Commonwealth and the person do not agree on the amount of the
12
compensation, the person may institute proceedings in a court of
13
competent jurisdiction for the recovery from the Commonwealth of
14
such reasonable amount of compensation as the court determines.
15
(3)
In this item:
16
acquisition of property has the same meaning as in paragraph 51(xxxi)
17
of the Constitution.
18
just terms has the same meaning as in paragraph 51(xxxi) of the
19
Constitution.
20
24 Delegation by Minister
21
(1)
Subject to subitem (2), the Minister may, in writing, delegate all or any
22
of his or her powers and functions under this Schedule (other than under
23
item 25) to:
24
(a) the Secretary of the Department; or
25
(b) an SES employee, or acting SES employee, in the
26
Department.
27
(2)
In exercising powers or functions under a delegation, the delegate must
28
comply with any directions of the Minister.
29
Schedule 3 Transitional arrangements
Part 6 Other transitional matters
22
Judiciary Amendment Bill 2015
No. , 2015
25 Transitional rules
1
(1)
The Minister may, by legislative instrument, make rules prescribing
2
matters:
3
(a) required or permitted by this Act to be prescribed by the
4
rules; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7
(2)
In particular, for paragraph (1)(a), the Minister may make rules
8
prescribing matters of a transitional nature (including prescribing any
9
saving or application provisions) relating to:
10
(a) the amendments or repeals made by this Act; or
11
(b) the enactment of this Act.
12
(3)
The rules may provide that this Schedule (other than this item) has
13
effect with any modifications the rules prescribe.
14
(4)
The Minister cannot make rules later than 12 months after the
15
commencement time.
16
(5)
This Schedule (other than subitems (4) and (6)) does not limit the rules
17
that the Minister may make under this item.
18
(6)
To avoid doubt, the rules may not do the following:
19
(a) create an offence or civil penalty;
20
(b) provide powers of:
21
(i) arrest or detention; or
22
(ii) entry, search or seizure;
23
(c) impose a tax;
24
(d) set an amount to be appropriated from the Consolidated
25
Revenue Fund under an appropriation in this Act;
26
(e) directly amend the text of this Act.
27