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Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Bill 2021

Type
Government
Portfolio
Attorney-General
Originating house
Senate
Status
Before Reps
Parliament no
46

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Summary

Amends the: A New Tax System (Family Assistance) (Administration) Act 1999, Administrative Appeals Tribunal Act 1975, Child Support (Registration and Collection) Act 1988, Paid Parental Leave Act 2010 and Social Security (Administration) Act 1999 to standardise, across all divisions, the powers of the Administrative Appeals Tribunal (AAT) to issue summonses to require persons to give evidence or produce documents; Administrative Appeals Tribunal Act 1975 in relation to: procedural fairness; alternative dispute resolution processes; constitution and reconstitution of the AAT; dismissal powers; correction of errors; appointments, authorisations and assignments; taxation of costs; and protection and immunity of reviewers in the Immigration Assessment Authority; Child Support (Registration and Collection) Act 1988 in relation to applications for review of child support decisions; Admiralty Act 1988 to align the Admiralty Rules with the rules of federal courts; Foreign Judgments Act 1991, Foreign States Immunities Act 1985 and International Arbitration Act 1974 to provide certain procedural protections to foreign States; Administrative Appeals Tribunal Act 1975, Federal Court of Australia Act 1976, Judiciary Act 1903 and Social Security (Administration) Act 1999 to make minor and technical amendments; Family Law Act 1975, Federal Circuit and Family Court of Australia Act 2021, Federal Court of Australia Act 1976 and Judiciary Act 1903 to clarify that hearings conducted remotely using videoconferencing technology are exercised in 'open court'; Federal Court of Australia Act 1976 to allow for short form reasons in the court's appellate jurisdiction in civil proceedings; and Commonwealth Electoral Act 1918 and Military Rehabilitation and Compensation Act 2004 to make consequential and technical amendments. Also repeals the Nauru (High Court Appeals) Act 1976.

Progress

Senate
Introduced and read a first time 23 Jun 2021
Second reading moved 23 Jun 2021
Second reading debate 30 Aug 2021
Second reading debate 02 Sep 2021
Second reading agreed to 02 Sep 2021
Committee of the Whole debate
  • Amendment details: 4 Opposition agreed to
02 Sep 2021
Third reading agreed to 02 Sep 2021
House of Representatives
Introduced and read a first time 18 Oct 2021

Documents and transcripts

Text of bill

Explanatory memoranda

Proposed amendments

Senate

Schedules of amendments

No documents at present

Bills digest

Notes

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.