Civil Law and Justice Legislation Amendment Bill 2018

Summary

Amends the: Acts Interpretation Act 1901 and Legislation Act 2003 to clarify the validity of ministerial acts and the operation of provisions about the management of compilations prepared for the Federal Register of Legislation; Archives Act 1983 to: provide the National Archives of Australia with tools to manage high-volume applicants requesting access to records; and make other minor technical amendments; Bankruptcy Act 1966 to clarify that the Family Court of Australia has bankruptcy jurisdiction when a trustee applies to have a financial agreement set aside under the Family Law Act 1975; Domicile Act 1982 to provide that it applies to territories currently specified in the Domicile Regulations 1982; Evidence Act 1995 to amend the presumption about when postal articles sent by prepaid post are received; Family Law Act 1975 to: introduce new offences relating to international parental child abduction and to allow a person to request a location order for the purposes of the Hague Convention on the Civil Aspects of International Child Abduction; clarify who may perform the powers of the registry managers; align financial and other provisions for de facto and married couples; make various amendments relating to the operation of the family law courts; and make minor and technical amendments; International Arbitration Act 1974 to: specify the meaning of ‘competent court’ for the purpose of the Model Law; clarify procedural requirements for enforcement of an arbitral award; modernise provisions governing certain arbitrators’ powers; and clarify the application of certain confidentiality provisions; Marriage Act 1961 to: remove outdated concepts and ensure consistency with the Family Law Act 1975 in relation to parental consent for the marriage of minors; and make minor and technical amendments; and Sex Discrimination Act 1984 to remove the exemption for discrimination against women employed, engaged or appointed in Australian Defence Force positions involving combat duties. Also makes consequential amendments to nine Acts.

Progress

Senate
Introduced and read a first time	22 Mar 2017
Second reading moved	22 Mar 2017
Second reading debate	05 Feb 2018
Second reading debate	12 Sep 2018
Second reading agreed to	12 Sep 2018
Committee of the Whole debate Amendment details: 17 Government agreed to	12 Sep 2018
Third reading agreed to	12 Sep 2018

House of Representatives
Introduced and read a first time	17 Sep 2018
Second reading moved	17 Oct 2018
Second reading debate	17 Oct 2018
Second reading agreed to	17 Oct 2018
Third reading agreed to	17 Oct 2018


Finally passed both Houses	17 Oct 2018
Assent Act no: 130 Year: 2018	25 Oct 2018

Documents and transcripts

Text of bill

First reading

Third reading

As passed by both Houses

Explanatory memoranda

Addendum to explanatory memorandum

Addendum to explanatory memorandum

Explanatory memorandum

Revised explanatory memorandum

Supplementary explanatory memorandum relating to sheet GJ134

Supplementary explanatory memorandum relating to sheet GJ134 as revised

Supplementary explanatory memorandum relating to sheet GJ143

Transcript of speeches

Proposed amendments

Senate

Government [sheet GJ134 revised]

Government [sheet GJ143]

Government [sheet GJ134]

Katter's Australian Party [sheet 8507]
ANNING, Sen Fraser

Liberal Democratic Party [sheet 8205]
LEYONHJELM, Sen David

Nick Xenophon Team [sheet 8215]
KAKOSCHKE-MOORE, Sen Skye

Schedules of amendments

No documents at present

Bills digest

Bills Digest

Notes

Considered by scrutiny committee (29/03/2017): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 5 of 2017
Referred to Committee (30/03/2017): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (10/05/2017)
An electronic version of this Act is available on the Federal Register of Legislation (www.legislation.gov.au)

Helpful information

Text of bill

First reading: Text of the bill as introduced into the Parliament
Third reading: Prepared if the bill is amended by the house in which it was introduced. This version of the bill is then considered by the second house.
As passed by both houses: Final text of bill agreed to by both the House of Representatives and the Senate which is presented to the Governor-General for assent.

Explanatory memoranda

Explanatory memorandum: Accompanies and provides an explanation of the content of the introduced version (first reading) of the bill.
Supplementary explanatory memorandum: Accompanies and explains amendments proposed by the government to the bill.
Revised explanatory memorandum: Accompanies and explains the amended version (third reading) of the bill. It supersedes the explanatory memorandum.

Proposed amendments

Circulated by members and senators when they propose to make changes to the bill. For details about the outcome of proposed amendments please refer to either the Votes and Proceedings (House of Representatives) or the Journals (Senate).

Schedules of amendments

Schedules of amendments list amendments agreed to by the second house are communicated to the first house for consideration. Subsequent action by either house may also be included in a schedule.