House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Hon Mark Dreyfus KC MP)

GLOSSARY

In this Explanatory Memorandum, the following abbreviations are used:

GENERAL OUTLINE

1. The Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Bill 2024 (Consequential Bill 2) forms part of a package of Bills that would abolish the Administrative Appeals Tribunal (AAT) and establish the Administrative Review Tribunal (the Tribunal), a new federal administrative review body that is user-focused, efficient, accessible, independent and fair.

2. The Administrative Review Tribunal Bill 2023 (ART Bill) would establish the Tribunal and set out its operating framework to significantly improve the experience of those seeking review of government decisions.

3. The Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2023 (Consequential Bill 1) would repeal the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act), make consequential amendments to 138 Commonwealth Acts and facilitate the smooth transition from the AAT to the Tribunal.

4. Consequential Bill 2 would support the above two Bills, by making consequential amendments to the remaining 110 Commonwealth Acts that interact with the AAT Act, including Acts that have required consultation with States and Territories under cooperative schemes or intergovernmental agreements.

Consequential Bill 2

5. Consequential Bill 2 would amend 110 Commonwealth Acts, covering approximately seven per cent of the AAT's current caseload.

6. Consequential Bill 2 would contain changes primarily in relation to harmonising and streamlining provisions where appropriate. Consequential Bill 2 would contain policy changes in relation to the review pathways for preventative detention order (PDO) decisions, and extending external merits review to decisions to refuse to provide a person with a notice as evidence of their Australian citizenship.

Terminology changes and updating cross-references

7. Consequential Bill 2 would update terminology across the Commonwealth statute book to replace references to the AAT and AAT Act with references to the Administrative Review Tribunal and the Administrative Review Tribunal Act 2024. These amendments would ensure that the Tribunal has the same jurisdiction as the AAT, and that various provisions continue to operate in substantively the same way as the existing law in the AAT.

8. Consequential Bill 2 would also replace references to provisions of the AAT Act with references to the equivalent, or broadly equivalent, provisions under the ART Bill. This includes updating provisions with legislative references to notification requirements under the AAT Act, or other concepts created under the AAT Act (for example, 'officers of the Tribunal' or 'presidential and non-presidential members'). These amendments would ensure that other legal frameworks reflect the terminology, concepts, structure and other policy settings in the ART Bill or are otherwise consistent with the ART Bill. This would ensure that existing laws continue to apply as intended.

Standardising processes

9. A key objective for the reform is to enable procedural efficiencies and process improvements by harmonising processes and procedures across the Tribunal's caseload where possible.

10. The ART Bill would implement a set of standard procedures and powers which the Tribunal can use to resolve matters. Those procedures and powers have been designed to be flexible and adaptable to the Tribunal's broad caseload, and should be relied upon by Acts conferring jurisdiction on the Tribunal as far as possible. Where possible, Consequential Bill 2 would repeal special procedures in other Acts, with the effect that the default provisions in the ART Bill would apply.

11. There are significant benefits to the Tribunal and users in relying on these standard procedures, rather than applying particular arrangements. Users engage with a range of government agencies over their lifetime, and may seek review of several different government decisions in that time. Recognising that the majority of Tribunal users are unrepresented, increased similarity and predictability in how matters proceed would better equip them to have a positive experience of review. For the Tribunal, there would also be significant efficiencies from greater harmonisation than applies in the AAT. It would reduce the complexity of the Tribunal's operating environment, allowing shared technology, forms, staff and member resources.

12. For example, Consequential Bill 2 would reduce the quantity of provisions that prescribe specialised procedures and shorter timeframes for Tribunal matters. Repealing such provisions would enable the procedures and timeframes prescribed by the ART Bill to instead apply.

13. However, there are circumstances where the Tribunal's proposed standard powers and procedures need to be changed, to respond to the unique features of a particular caseload. In those circumstances, Consequential Bill 2 would also make the necessary amendments to other Acts to preserve existing arrangements.

Policy changes

14. Consequential Bill 2 would remove the administrative review pathway for PDO decisions under section 105.51 of the Criminal Code Act 1995, leaving decisions with respect to the validity of PDO decisions, and the ordering of compensation, entirely within the purview of the courts, pursuant to the exercise of existing judicial review powers. These changes address the risk that sections 105.51(5) and (7) of the Criminal Code could be construed as vesting federal judicial power in a body other than a court, contrary to Chapter III of the Constitution.

15. The Bill would also confer jurisdiction on the Tribunal to review decisions under section 37 of the Australian Citizenship Act 2007, on whether to provide a person with a notice as evidence of Australian citizenship. Extending the availability of external merits review for these types of decisions would align it with the review pathways available for other citizenship and migration-related decisions. It would provide applicants with an accessible independent review process.

Acts requiring State and Territory consultation

16. Consequential Bill 2 contains amendments in Schedule 15 to a number of Commonwealth Acts which are subject to requirements for the Commonwealth to consult with, or seek the agreement of, the States and Territories before introducing amendments into Parliament. These requirements arise from intergovernmental agreements. The Commonwealth has satisfied these requirements. These requirements apply to amendments under the following Acts:

•

Agricultural and Veterinary Chemicals Act 1994

•

Agricultural and Veterinary Chemicals Code Act 1994

•

Agricultural and Veterinary Chemicals (Administration) Act 1992

•

Agricultural and Veterinary Chemicals (Collection of Levy) Act 1994

•

Australian Education Act 2013

•

Criminal Code Act 1995

•

Fair Work Act 2009

•

Gene Technology Act 2000

•

Greenhouse and Energy Minimum Standards Act 2012

•

Mutual Recognition Act 1992

•

Trans-Tasman Mutual Recognition Act 1997

•

National Vocational Education and Training Regulator Act 2011

•

Personal Property Securities Act 2009

•

Research Involving Human Embryos Act 2002

FINANCIAL IMPACT

17. The Government will provide $21.8 million over two years from 2023–24 to support the interim financial sustainability of the AAT and ensure a smooth transition to the new Tribunal.

18. A further $30.1 million over five years from 2022-23 has been provided to the AAT for the development of a new case management solution (CMS) for use by the Tribunal.

19. In response to the Royal Commission into the Robodebt Scheme, the Government has additionally committed $5.3 million over four years from 2023–24 (and $1.8 million per year ongoing) to support the re-established Administrative Review Council to monitor and enquire into the Commonwealth administrative review system.

20. The Government is continuing to consider the Tribunal's resourcing needs as part of the reform to Australia's system of administrative review.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Bill 2024

21. This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Consequential Bill

22. The Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Bill 2024 (Consequential Bill 2) forms part of a package of Bills that would abolish the Administrative Appeals Tribunal (AAT) and establish the Administrative Review Tribunal (Tribunal), a new federal administrative review body that is user-focused, efficient, accessible, independent and fair.

23. Consequential Bill 2 would support the ART Bill and the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2023 (Consequential Bill 1) by making consequential amendments across 110 Commonwealth Acts, including to Acts requiring State and Territory Consultation.

Consequential Bill 2

24. Consequential Bill 2 would update terminology across the Commonwealth statute book to replace references to the AAT and AAT Act with references to the Administrative Review Tribunal and the Administrative Review Tribunal Act 2024. It would also replace references to provisions of the AAT Act with references to the equivalent, or broadly equivalent, provisions under the ART Bill.

25. The ART Bill would also implement a set of standard procedures and powers which the Tribunal can use to resolve matters. Those procedures and powers have been designed to be flexible and adaptable to the Tribunal's broad caseload, and should be relied upon by Acts conferring jurisdiction on the Tribunal as far as possible.

26. To promote consistency and simplicity, Consequential Bill 2 would, where possible, repeal special arrangements that overlap, duplicate or unnecessary displace core provisions of the ART Bill, with the effect that the default provisions in the ART Bill would apply.

27. However, where departures from the Tribunal's proposed standard powers are required to respond to the unique features of a particular caseload, Consequential Bill 2 would also make necessary amendments to achieve that outcome.

Human rights implications – issues common to all Schedules

28. The ART Bill engages the following rights:

•

the right to an effective remedy in Article 2(3) of the International Covenant on Civil and Political Rights (ICCPR)

•

the right to a fair and public hearing in Article 14 of the ICCPR

•

the right to equality before the law in Article 26 of the ICCPR

•

the right to freedom from arbitrary and unlawful interferences with privacy in Article 17 of the ICCPR

•

the right of access to justice for people with disability in Article 13 of the Convention on the Rights of Persons with Disabilities (CRPD)

•

the right to a presumption of innocence in Article 14(2) of the ICCPR

•

the right to freedom of opinion and expression in Article 19 of the ICCPR (engaged tangentially).

29. Consequential Bill 2 supports promotion of the above rights by ensuring the review framework established by the ART Bill is available to a broad range of administrative decisions under other Commonwealth Acts.

30. The ART Bill, Consequential Bill 1 and Consequential Bill 2 are all compatible with human rights. The Bills advance the right to an effective remedy, a fair and public hearing, the right of access to justice for persons with a disability and the right to freedom from arbitrary and unlawful interference with privacy. Consequential Bill 2 extends the administrative review framework, and therefore the human rights it supports, to a large range of administrative decisions across the Commonwealth. For more detail, see the Statement of Compatibility with Human Rights in the Explanatory Memorandum for the ART Bill for further information.

31. In addition, the Schedules of Consequential Bill 2 engage specific human rights or freedoms, as set out in detail below.

Human rights implications – Specific schedules

Schedules 1-9 and 11-14: Agriculture, Fisheries and Forestry; Attorney-General; Climate Change, Energy, the Environment and Water; Defence; Education; Employment and Workplace Relations; Finance; Foreign Affairs and Trade; Health and Aged Care; Industry, Science and Resources; and Infrastructure, Transport, Regional Development, Communications and the Arts; Prime Minister and Cabinet; and Treasury

32. Schedules 1-9 and 11-16 (various portfolios) contain a range of minor amendments. The amendments would make terminology changes, updating outdated references to the 'Administrative Appeals Tribunal' and 'Administrative Appeals Tribunal Act 1975' to refer instead to the 'Administrative Review Tribunal' and 'Administrative Review Tribunal Act 2024'. These amendments also make minor technical amendments to ensure legislation continues to operate in substantively the same way in relation to the Tribunal.

33. In addition to the rights engaged, as outlined above, the Schedules engage the right to an effective remedy and a fair public hearing in Articles 2(3) and 14(1) of the ICCPR.

The right to an effective remedy and a fair and public hearing in Articles 2(3) and 14 of the ICCPR

34. Article 2(3) of the ICCPR provides that States shall undertake to ensure the right to an effective remedy for any violation of rights or freedoms recognised by the ICCPR. It includes the right to have a remedy determined by competent judicial, administrative or legislative authorities. This right also encompasses the duty to ensure competent authorities enforce any such remedies when granted.

35. Article 14(1) of the ICCPR provides that all persons shall be equal before the courts and tribunals. It further provides that everyone is entitled, in the determination of their 'rights and obligations in a suit at law', to a 'fair and public hearing by a competent, independent and impartial tribunal established by law'. The extent to which Article 14(1) applies to administrative review proceedings (because of a question about whether such proceedings constitute a 'suit at law') is not fully settled.

36. To the extent that they may apply, these schedules promote the right to an effective remedy in Article 2(3) of the ICCPR and the right to a fair hearing in Article 14(1) of the ICCPR in the ways listed below.

Conferring jurisdiction on the Tribunal

37. These Schedules promote the right to an effective remedy and a fair public hearing by making consequential amendments to provide that decisions may be reviewable by the Tribunal (where they were previously reviewable by the AAT). This maintains the ability of persons to seek independent, external review of government decisions.

Schedule 10: Home Affairs

38. The Bill would also confer jurisdiction on the Tribunal to review decisions under section 37 of the Australian Citizenship Act 2007. These decisions concern whether to provide a person with a notice as evidence of Australian citizenship. Currently, those types of decisions are only subject to internal merits review (by the Department of Home Affairs), and judicial review by the courts.

39. This Schedule specifically promotes the right to an effective remedy in Article 2(3) of the ICCPR.

The right to an effective remedy in Article 2(3) of the ICCPR

40. Article 2(3) of the ICCPR provides that States shall undertake to ensure the right to an effective remedy for any violation of rights or freedoms recognised by the ICCPR. It includes the right to have a remedy determined by competent judicial, administrative or legislative authorities. This right also encompasses the duty to ensure competent authorities enforce any such remedies when granted.

Conferring jurisdiction on the Tribunal

41. This Schedule promotes the right to an effective remedy by extending external merits review to people seeking to challenge decisions to refuse them evidence of their Australian citizenship. This improves the ability of persons to seek independent, external review of those government decisions.

Schedule 15: Acts with State and Territory consultation requirements

42. This schedule contains amendments to a number of Commonwealth Acts which are subject to requirements for the Commonwealth to consult with, or seek the agreement of, the States and Territories before introducing amendments into Parliament.

43. Of relevance for the Bill's human rights implications, the Schedule amends the Criminal Code Act 1995 to remove the administrative review pathway for PDO decisions.

The right to an effective remedy in Article 2(3) of the ICCPR

44. Article 2(3) of the ICCPR provides that States shall undertake to ensure the right to an effective remedy for any violation of rights or freedoms recognised by the ICCPR. It includes the right to have a remedy determined by competent judicial, administrative or legislative authorities. This right also encompasses the duty to ensure competent authorities enforce any such remedies when granted.

Repeal of administrative review for PDO decisions

45. Consequential Bill 2 engages the right to an effective remedy as it removes the administrative review pathway for PDO decisions.

46. A PDO under Division 105 of the Criminal Code allows a person to be taken into custody for up to 48 hours for the purposes of either preventing a terrorist attack that is capable of being carried out, and could occur within the next 14 days, or preserving evidence of, or relating to, a recent terrorist act. There are two types of PDOs: initial PDOs, which can last up to 24 hours, and continued PDOs, which can extend detention by a further 24 hours.

47. Currently, an individual may seek a review of a decision to make or extend a PDO in the Security Division of the Administrative Appeals Tribunal (AAT), and the AAT may declare the decision void and order compensation. Alternatively, they may have their PDO decision reviewed by bringing proceedings in a court for a remedy in relation to a PDO or the treatment of a person in connection with their detention under a PDO.

48. The powers to void and order compensation following a PDO review are different to the standard decisions provided for under section 43 of the AAT Act. There is no other type of review in which the AAT may award a grant of compensation, and it is not typically a function of an administrative tribunal. The proposed amendments would result in the review of a PDO and ordering of compensation being vested exclusively in the courts.

49. The limitation the proposed amendment places on the right to an effective remedy is minimal as the remedies currently available to an affected individual through the administrative review mechanism are also available through judicial review. Judicial review of PDO decisions is provided for in sections 105.51 and 105.52 of the Criminal Code, as well as section 39B of the Judiciary Act 1903 and section 75(v) of the Constitution.

50. Moreover, the proposed amendment addresses the risk that sections 105.51(5) and (7) of the Criminal Code could be construed as vesting federal judicial power in a body other than a court, contrary to Chapter III of the Constitution.

Conclusion

51. These Schedules are compatible with human rights. The Schedules advance the right to an effective remedy.

SCHEDULE 1 - AGRICULTURE, FISHERIES AND FORESTRY

OUTLINE

52. This Schedule contains consequential amendments to the following Acts in the Agriculture, Fisheries and Forestry portfolio:

•

Export Control Act 2020

•

Fisheries Management Act 1991

•

Horticulture Marketing and Research and Development Services Act 2000

•

Illegal Logging Prohibition Act 2012

•

Imported Food Charges (Collection) Act 2015

•

Imported Food Control Act 1992

•

Primary Industries Levies and Charges Collection Act 1991

•

Wine Australia Act 2013

AMENDMENTS

General terminology changes

53. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions continue to operate in substantively the same way in relation to the new Tribunal.

Export Control Act 2020

Items 1, 2, 3, 4, 5 and 6: Section 4, section 380, paragraph 383(6)(c), subsection 383(7), section 385 (heading) and subsection 385(1)

Terminology changes

54. These items amend terminology. See explanation of general terminology changes above.

Item 7: Subsection 385(3)

Updating legislative references

55. This item updates a legislative reference to subsection 27(1) of the AAT Act to instead refer to the equivalent provision of the ART Bill, clause 17.

56. Subsection 27(1) of the AAT Act, and the equivalent clause 17 of the ART Bill, provide that where an application may be made to the Tribunal for review of a decision, the application may be made by or on behalf of any person or persons whose interests are affected by the decision. Subsection 385(3) of the Export Control Act 2020 stipulates that, contrary to clause 17, an application for review may only be made by, or on behalf of, the relevant person for the reviewable decision (as defined in section 381 of that Act). Subsection 385(3) applies to applications for review of a reviewable decision made by the Secretary personally, or an internal review decision relating to that relates to a reviewable decision. In some cases, it is only appropriate for the 'relevant person' to apply for review by the Tribunal, and it would be burdensome or impractical to provide any person whose interests are affected by a decision with a right to apply for review of the decision.

57. This amendment is technical in nature, and ensures subsection 385(3) of the Export Control Act 2020 continues to operate in substantively the same way in relation to the Tribunal.

Items 8, 9 and 10: Subsection 385(3) (note), subsection 386(3) and subsection 386(3) (note)

Updating legislative references

58. These items update legislative references, replacing references to subsections 43(1) and 25(6) of the AAT Act with references to the equivalent provisions in the ART Bill, clauses 54, 105 and 5. Subsection 43(1) of the AAT Act and the equivalent clauses 54 and 105 of the ART Bill prescribe that the Tribunal may exercise all the powers and discretions that are conferred on the decision-maker by an Act or an instrument made under an Act and that the Tribunal must make a decision affirming, varying or setting aside the reviewable decision. Subsection 25(6) of the AAT Act and the equivalent clause 5 of the ART Bill provide that the AAT Act and the ART Bill may be modified by another Act or instrument.

59. Item 9 amends subsection 386(3) of the Export Control Act 2020, which allows rules to modify subsection 43(1) of the AAT Act in its application to review of decisions relating to tariff quota entitlements. Subsection 386(4) clarifies that the rules may prescribe modifications only for the purpose of ensuring that tariff rate quota amounts are not exceeded.

60. Items 8 and 10 amend the notes to subsections 385(3) and 386(3), consequential to the amendment to subsection 386(3).

61. These amendments are technical in nature, and ensure that the provisions continue to operate in substantively the same way in relation to the Tribunal.

Fisheries Management Act 1991

Item 11: Subsection 19(5)

Terminology changes

62. This item amends terminology, including replacing the reference to 'enactment' in subsection 19(5) of the Fisheries Management Act 1991 to instead refer to 'a legislative instrument' to reflect modern drafting practices. See explanation of general terminology changes above.

Items 12, 13 and 14: Subsections 50(2) and 57B(5), subsections 57H(4) and 157(1) and (2) and section 165 (heading)

Terminology changes

63. These items amend terminology. See explanation of general terminology changes above.

Item 15: Subsection 165(1) (definition of decision )

Updating definition

64. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Item 16: Subsection 165(7)

Terminology change

65. This item amends terminology. See explanation of general terminology changes above.

Item 17: Subsections 165(8), (9) and (10)

Repealing provisions no longer necessary

66. This item repeals subsections 165(8), (9) and (10) of the Fisheries Management Act 1991.

67. Subsection 165(8) shortens the timeframe for making an application to the AAT to 14 days from notice of a decision for review of decisions made under subsection 26(2) of the Fisheries Management Act 1991, rather than 28 days as provided for in section 29 of the AAT Act. Repealing this subsection has the effect that clause 18 of the ART Bill will instead apply. Subclauses 18(1) and (2) of the ART Bill provide that the timeframe for applying to the Tribunal for review of a decision will be set out in the rules and is subject to the ability to apply to the Tribunal and for the Tribunal to grant an extension of time. Subclause 18(3) provides that rules made under subclause (1) cannot prescribe a timeframe for applying that is less than 28 days from the date of the decision. Subclause 18(4) provides that rules made under subclause (1) may provide different periods for different types of application.

68. Subsection 165(9) of the Fisheries Management Act 1991 shortens the timeframe for lodging and giving documents to 14 days, rather than 28 days as provided for in section 37 of the AAT Act. Repealing this subsection has the effect that relevant provisions in the ART Bill, such as clause 23 will instead apply. Clause 23 of the ART Bill requires a decision-maker to give to the Tribunal a statement of reasons for the decision and a copy of documents that are in their possession or under their control that are considered to be relevant to the review within 28 days after the Tribunal notifies the decision-maker for a decision of an application for review of the decision.

69. Subsection 165(10) of the Fisheries Management Act 1991 requires the AAT to convene a directions hearing as soon as practicable after documents are lodged with it under section 37 to determine a timetable for disposing of the matter. Repealing this subsection has the effect that clause 80 of the ART Bill will apply. Clause 80 provides the Tribunal with discretion to hold directions hearings in relation to a proceeding in the Tribunal.

70. Repeal of these provisions will enable the standard provisions of the ART Bill to apply to these matters, simplifying processes for the Tribunal and its users, and supporting efficiency.

Items 18, 19, 20 and 21: Paragraph 165(11)(b) and subsection 165(12)

Terminology changes

71. These items amend terminology. See explanation of general terminology changes above.

Horticulture Marketing and Research and Development Services Act 2000

Items 22 and 23: Subsection 35(1) and subsection 35(5)

Repealing provisions no longer necessary

72. Item 23 repeals subsection 35(5) of the Horticulture Marketing and Research and Development Services Act 2000 which clarifies that an order made under subsection 35(1) of that Act is taken to be an enactment for the purposes of the AAT Act. The subsection is redundant as an order under subsection 35(1) is a legislative instrument consistent with the terminology of the ART Bill. Item 22 makes a consequential amendment related to item 23, to remove reference to '(1)'.

Illegal Logging Prohibition Act 2012

Item 24: Paragraph 86(2)(d)

Terminology change

73. This item amends terminology. See explanation of general terminology changes above.

Imported Food Charges (Collection) Act 2015

Items 25, 26, and 28: Paragraph 17(6)(c), section 19 (heading) and subsection 19(1)

Terminology changes

74. These items amend terminology. See explanation of general terminology changes above.

Items 27 and 29: Subsections 19(1), (2) and (3)

Repealing provisions no longer necessary

75. Item 29 repeals subsections 19(2) and (3) of the Imported Food Charges (Collection) Act 2015. The provisions override subsection 27(1) of the AAT Act, by providing that an application to the AAT for review of a decision may only be made by, or on behalf of, the person referred to in paragraph 19(1)(a) or (b) of that Act.

76. Repealing subsections 19(2) and (3) has the effect that clause 17 of the ART Bill will apply, allowing anyone whose interests are affected by a decision to apply to the Tribunal for review. Item 27 makes a consequential amendment related to item 29.

Imported Food Control Act 1992

Item 30: Subsection 42(1) (definition of decision )

Updating definition

77. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 31, 32 and 33: Subsection 42(3) and paragraph 42(8)(b)

Terminology changes

78. These items amend terminology. See explanation of general terminology changes above.

Item 34: Subparagraph 42(9)(b)(i)

Terminology changes and updating legislative reference

79. This item repeals and substitutes subparagraph 42(9)(b)(i) of the Imported Food Control Act 1992 to replace the reference to subsection 28(4) of the AAT Act with a reference to clause 268 of the ART Bill.

80. Under clause 268 of the ART Bill, a person whose interests are affected by a decision make may a written request to the decision-maker to give the person a statement of reasons for the decision.

81. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if such a statement has already been given. Under the equivalent provision in the ART Bill (subclause 269(7)), the decision-maker may refuse the request if the statement of reasons has already been provided for the decision. Although the provision amended by this item does not specifically refer to this equivalent provision as this is unnecessary, a person's right to request reasons is still subject to this qualification.

82. The amendment is technical in nature and ensures the provision continues to operate in substantively the same way in relation to the Tribunal, so that a decision-maker must notify relevant persons that they may request a statement of reasons under the ART Bill.

Items 35 and 36: Subparagraph 42(9)(b)(ii) and subsection 42(11)

Terminology changes

83. These items amend terminology. See explanation of general terminology changes above.

Primary Industries Levies and Charges Collection Act 1991

Items 37, 38, 39, 40 and 41: Subsection 28(5), paragraph 28(6)(b) and subsection 28(7)

Terminology changes

84. These items amend terminology. See explanation of general terminology changes above.

Item 42: Subsection 31(6)

Repealing provisions no longer necessary

85. This item repeals subsection 31(6) of the Primary Industries Levies and Charges Collection Act 1991, which clarifies that an order made under section 31 of the Act is taken to be an enactment for the purposes of the AAT Act. The subsection is redundant as an order made under subsection 31(6) is a legislative instrument consistent with the terminology of the ART Bill.

Wine Australia Act 2013

Items 43 and 44: Paragraph 8(2C)(a)

Terminology changes

86. These items amend terminology. See explanation of general terminology changes above.

Item 45: Paragraph 8(2C)(b)

Terminology changes and updating legislative references

87. This item repeals and substitutes paragraph 8(2C)(b) of the Wine Australia Act 2013 to update legislative references to section 28 and subsection 28(4) of the AAT Act with a reference to clause 268 of the ART Bill. Consistent with section 28 of the AAT Act, under clause 268 of the ART Bill, a person whose interests are affected by a decision may make a written request to the decision-maker to give the person a statement of reasons for the decision.

88. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if such a statement has already been given. Under the equivalent provision in the ART Bill, the decision-maker may refuse the request if the statement of reasons has already been provided for the decision. Although the provision amended by this item does not specifically refer to this equivalent provision as this is unnecessary, a person's right to request reasons is still subject to this qualification.

89. This item replaces the reference to a 'statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision', with a reference to a 'statement of reasons'. The ART Bill includes a definition of a statement of reasons, which includes each of these elements in the original provision.

90. The amendment is technical in nature and ensures the provision continues to operate in substantively the same way in relation to the Tribunal, so that a decision-maker must notify relevant persons that they may request a statement of reasons under the ART Bill.

Item 46: Subsection 8(2E)

Terminology change

91. This item amends terminology. See explanation of general terminology changes above.

Item 47: Subsection 8(2F)

Terminology changes and updating legislative reference

92. This item repeals subsection 8(2F) of the Wine Australia Act 2013 and substitutes subsections 8(2F) and (2FA) to replace the reference to section 29 of the AAT Act with references to clauses 18 and 19 of the ART Bill.

93. Section 29 of the AAT Act deals with the prescribed time for making applications to the Tribunal. These matters are prescribed in clauses 18 and 19 of the ART Bill. Subclauses 18(1) and (2) of the ART Bill provide that the timeframe for applying to the Tribunal for review of a decision will be set out in the rules. The note to subclause 18(1) provides that legislation may specify a different period for applying for review. Clause 19 of the ART Bill provides that a person may apply to the Tribunal to extend the period during which they may apply to the Tribunal for review of a decision.

94. Relevant decisions under paragraphs 8(2)(aa), (ac) and (ad) of the Wine Australia Act 2013 are provided for as determinations. Under subsection 8(2B) of that Act, notices of determinations are published, rather than being given to the person whose interests are affected. As such, the relevant date for calculating application periods is described as the day that the notice of determination is published, rather than the day a decision is made.

95. Subsection 8(2F) specifies that an application must be made within 28 days after notice of the determination is published. Subsection 8(2FA) specifies that an application to the Tribunal to extend the period during which an application may be made to the Tribunal for review of the determination must be made within 28 days after notice of the determination is published. This has the effect of removing the Tribunal's usual power under clause 19 of the ART Bill to extend the period during which an applicant may apply to the Tribunal for review of a decision, including after this period has expired.

96. The amendment is technical in nature and ensures the provision continues to operate in substantively the same way in relation to the Tribunal, so that the timeframe starts from the day the notice of a determination is published, rather than the day of the decision.

Items 48, 49 and 50: Paragraph 8(2G)(a) and paragraph 40X(2)(a)

Terminology changes

97. These items amend terminology. See explanation of general terminology changes above.

Item 51: Paragraph 40X(2)(b)

Terminology changes and updating legislative reference

98. This item repeals and substitutes paragraph 40X(2)(b) of the Wine Australia Act 2013 to replace references to section 28 and subsection 28(4) of the AAT Act with a reference to clause 268 of the ART Bill. Consistent with section 28 of the AAT Act, under clause 268 of the ART Bill, a person whose interests are affected by a decision may make a written request to the decision-maker to give the person a statement of reasons for the decision.

99. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if such a statement has already been given. Under the equivalent provision in the ART Bill, the decision-maker may refuse the request if the statement of reasons has already been provided for the decision. Although the provision amended by this item does not specifically refer to this equivalent provision as this is unnecessary, a person's right to request reasons is still subject to this qualification.

100. This item replaces the reference to a 'statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision', with a reference to a 'statement of reasons'. The ART Bill includes a definition of a statement of reasons, which includes each of these elements in the original provision.

101. The amendment is technical in nature and ensures the provision continues to operate in substantively the same way in relation to the Tribunal, so that a notice must include a statement notifying relevant persons that they may request a statement of reasons under the ART Bill.

Items 52 and 53: Paragraph 40X(2)(c) and subsection 40Y(1)

Terminology changes

102. These items amend terminology. See explanation of general terminology changes above.

Item 54: Subsection 40Y(2)

Terminology changes and updating legislative reference

103. This item repeals subsection 40Y(2) of the Wine Australia Act 2013 and substitutes subsections 40Y(2) and (3) to replace the reference to section 29 of the AAT Act with references to clauses 18 and 19 of the ART Bill.

104. Section 29 of the AAT Act deals with the prescribed time for making applications to the Tribunal. These matters are dealt with in clauses 18 and 19 of the ART Bill. Subclauses 18(1) and (2) of the ART Bill provide that the timeframe for applying to the Tribunal for review will be set in the rules. The note to subclause 18(1) provides that legislation may specify a different period for applying for review. Clause 19 of the ART Bill provides that a person may apply to the Tribunal to extend the period during which they may apply to the Tribunal for review of a decision.

105. Relevant decisions under section 40W of the Wine Australia Act 2013 are provided for as determinations. Under section 40X of that Act, notices of determinations are published, rather than being given to the person whose interests are affected. As such, the relevant date for calculating application periods is described as the day that the notice of determination is published, rather than the day a decision is made.

106. Subsection 40Y(2) specifies that an application must be made within 28 days after notice of the determination is published. Subsection 40Y(3) specifies that an application to the Tribunal to extend the period during which an application may be made to the Tribunal for review of the determination must be made within 28 days after notice of the determination is published. This has the effect of removing the Tribunal's usual power under clause 19 of the ART Bill to extend the period during which an applicant may apply to the Tribunal for review of a decision, including after this period has expired.

107. The amendment is technical in nature and ensures the provision continues to operate in substantively the same way in relation to the Tribunal, so that the timeframe starts from the day notice of a determination is published, rather than the day of the decision.

Items 55, 56 and 57: Paragraph 40Z(1)(a), section 40ZAH (heading) and subsection 40ZAH(1)

Terminology changes

108. These items amend terminology. See explanation of general terminology changes above.

Item 58: Subsections 40ZAH(2) and (3)

Terminology changes and updating legislative reference

109. This item repeals and substitutes subsections 40ZAH(2) and (3) of the Wine Australia Act 2013 to replace references to paragraph 29(1)(d) and subsections 29(2), 29(8) and 29(7) of the AAT Act with references to clauses 18 and 19 of the ART Bill.

110. Section 29 of the AAT Act deals with the prescribed time for making applications to the Tribunal. These matters are dealt with in clauses 18 and 19 of the ART Bill. Subclauses 18(1) and (2) of the ART Bill provide that the timeframe for applying to the Tribunal for review of a decision will be set out in the rules. The note to subclause 18(1) provides that legislation may specify a different period for applying for review. Clause 19 of the ART Bill provides that a person may apply to the Tribunal to extend the period during which they may apply to the Tribunal for review of a decision.

111. Relevant decisions under section 40ZAF of the Wine Australia Act 2013 are provided for as determinations. Under subsection 40ZAG of that Act, notices of determinations are published, rather than being given to the person whose interests are affected. As such, the relevant date for calculating application periods is described as the day that the notice of determination is published, rather than the day a decision is made.

112. Subsection 40ZAH(2) specifies that an application must be made within 28 days after notice of the determination is published. Subsection 40ZAH(3) specifies that an application to the Tribunal to extend the period during which an application may be made to the Tribunal for review of the determination must be made within 28 days after notice of the determination is published. This has the effect of removing the Tribunal's usual power under clause 19 of the ART Bill to extend the period during which an applicant may apply to the Tribunal for review of a decision, including after this period has expired.

113. The amendment is technical in nature and ensures the provision continues to operate in substantively the same way in relation to the Tribunal, so that the timeframe starts from the day notice of a determination is published, rather than the day of the decision.

Item 59: Paragraphs 40ZAI(1)(a), 40ZAQ(2)(d) and 40ZAT(2)(d)

Terminology changes

114. This item amends terminology. See explanation of general terminology changes above.

SCHEDULE 2 - ATTORNEY-GENERAL

OUTLINE

115. This Schedule contains consequential amendments to the following Acts in the Attorney-General's portfolio:

•

Administrative Decisions (Judicial Review) Act 1977

•

Age Discrimination Act 2004

•

Australian Information Commissioner Act 2010

•

Bankruptcy Act 1966

•

Civil Dispute Resolution Act 2011

•

Court Security Act 2013

•

Crimes Act 1914

•

Federal Proceedings (Costs) Act 1981

•

Foreign Influence Transparency Scheme Act 2018

•

Inspector-General of Intelligence and Security Act 1986

•

Inspector of Transport Security Act 2006

•

National Anti-Corruption Commission Act 2022

•

Privacy Act 1988

•

Proceeds of Crime Act 2002

•

Public Interest Disclosure Act 2013

•

Surveillance Devices Act 2004

•

Telecommunications (Interception and Access) Act 1979

AMENDMENTS

General terminology changes

116. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions continue to operate in substantively the same way in the new Tribunal.

Administrative Decisions (Judicial Review) Act 1977

Item 1: Paragraph 13(11)(a)

Updating legislative reference

117. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 28 of the AAT Act allows a person whose interests are affected by a decision to request a statement of reasons from the decision-maker. This matter is prescribed in clause 268 of the ART Bill. The amendment is technical in nature and ensures the provision continues to operate in substantively the same way in relation to the Tribunal.

Item 2: Paragraph (y) of Schedule 1

Terminology changes and updating legislative references

118. This item amends paragraph (y) of Schedule 1 of the ADJR Act so that it captures all Tribunal decisions on review of a security and intelligence decision that are required by clause 134(1) of the ART Bill to be considered in the Intelligence and Security jurisdictional area. Clause 134(1) of the ART Bill provides that the ART's powers in relation to proceedings for review of an intelligence and security decision are to be exercised in the Intelligence and Security jurisdictional area. Intelligence and security decisions are defined in clause 4 of the ART Bill.

119. However, the item excludes 'exempt security record decisions' within the meaning of the ART Bill. The effect of the amendment is that decisions of the Tribunal made on review of an intelligence and security decision, other than exempt security records decisions, are excluded from ADJR Act review. Judicial review of these kinds of decisions remains available under section 39B of the Judiciary Act 1903 and section 75(v) of the Constitution.

120. Under the current paragraph (y) of Schedule 1, decisions made on all reviews conducted in the Security Division are exempt from ADJR Act review, except those made on review of decisions of the National Archives of Australia. The item maintains the effect of the existing law with respect to these reviews, but expands the availability of ADJR Act review to all exempt security record decisions, rather than only those made by the National Archives of Australia.

121. This item replaces the reference to the 'Security Division' of the Tribunal to the 'Intelligence and Security jurisdictional area' of the Tribunal. It also amends terminology. See explanation of general terminology changes above.

Item 3: Paragraph (yaa) of Schedule 1

Repealing provision no longer necessary

122. This item repeals paragraph (yaa) of Schedule 1 of the ADJR Act. This paragraph refers to decisions of the AAT made on a review that is required by the ACC Act to be conducted by the Security Division of that Tribunal. Section 36J of the ACC Act requires that reviews in respect of adverse criminal intelligence assessments must be heard in the Security Division of the AAT and outlines the constitution requirements for related proceedings.

123. Section 36J of the ACC Act will be repealed by Item 28 of Schedule 4 of the Consequential Bill 1, as these matters are dealt with in clauses 134 and 145 of the ART Bill respectively. Paragraph (y) of Schedule 1 of the ADJR Act (as amended in Item 2 of this Schedule) would already provide that the ADJR Act does not apply to decisions made under section 36F of the ACC Act.

Age Discrimination Act 2004

Items 4, 5, 6 and 7: Section 45 (heading), section 45, paragraph 46(1)(d) and Schedule 1 (table item 6, column headed "Law")

Terminology changes

124. These items amend terminology. See explanation of general terminology changes above.

125. Item 7 amends table item 6 in Schedule 1 of the Age Discrimination Act 2004 to continue an exemption providing that anything done in direct compliance with the ART Bill is not unlawful under Part 4 of the Age Discrimination Act 2004. The exemption exists because, for example, an application can be made to the Tribunal for review of decisions by the Australian Human Rights Commissioner to grant (or not to grant) an exemption from the operation of a provision in Division 2 (Discrimination in work) or Division 3 (Discrimination in other areas). That is, the Tribunal could affirm (or vary) a decision of the Commissioner to grant an exemption under section 26 of the Age Discrimination Act 2004 which would allow an education authority to effectively discriminate against a person on the grounds of their age in certain circumstances. Where the Tribunal has made such a decision, a person should not be found to have engaged in unlawful conduct for complying with that decision. The exemption also protects staff and members of the Tribunal from complaints of unlawful discrimination related to the exercise of their powers, such as issuing a direction or affirming a decision of the Commissioner to grant an exemption.

Australian Information Commissioner Act 2010

Item 8: Paragraph 31(1)(g)

Terminology change

126. This item amends terminology. See explanation of general terminology changes above.

Bankruptcy Act 1966

Items 9–23: Subsections 55(3AC), 57(3AC), 128H(7) 128H(8), 139ZE(3), 139ZE(4), section 139ZF, paragraph 139ZG(2)(c), subsection 139ZIS(3) (heading), subsections 139ZIS(3) and (4), section 139ZIT (heading), section 139ZIT, paragraph 149N(2)(a), subsections 149P(3) and (4), section 149Q, subsections 185E(4), 185ED(4), 185M(2C), 185MD(4), 185PD(4), 186C(8) and 186C(11)

Terminology changes

127. These items amend terminology. See explanation of general terminology changes above.

Item 24: Subsection 186C(12) (definition of decision )

Updating definition

128. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Item 25: Subsection 186H(6)

Terminology changes

129. This item amends terminology. See explanation of general terminology changes above.

Item 26: Subsection 186H(7) (definition of decision )

Updating definition

130. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 27 and 28: Subsections 186K(8), 186L(8) and 186LB(9) and paragraph 282(2)(d)

Terminology changes

131. These items amend terminology. See explanation of general terminology changes above.

Item 29: Subsection 282(2) (note)

Terminology changes and updating legislative reference

132. This item updates the note to subsection 282(2), replacing the legislative reference to section 27A of the AAT Act with a reference to the equivalent provision in the ART Bill. Consistent with section 27A of the AAT Act, clause 266 of the ART Bill requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This amendment is technical in nature and ensures the note remains accurate.

Item 30: Paragraph 283(2)(d)

Terminology changes

133. This item amends terminology. See explanation of general terminology changes above.

Item 31: Subsection 283(2)(note)

Terminology changes and updating legislative reference

134. This item updates the note to subsection 283(2) to reflect the terminology and provisions of the ART Bill. This item replaces the legislative reference to section 27A of the AAT Act with a reference to the equivalent provision in the ART Bill. Consistent with section 27A of the AAT Act, clause 266 of the ART Bill requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This amendment is technical in nature and ensures the note remains accurate.

Items 32, 33, 34, 35 and 36: Paragraph 305(1)(aa), section 20-1 of Schedule 2 (paragraph beginning "A decision of a committee"), section 40-1 of Schedule 2 (paragraph beginning "A decision about the suspension"), section 96-1 of Schedule 2 (heading) and section 96-1 of Schedule 2

Terminology changes

135. These items amend terminology. See explanation of general terminology changes above.

Civil Dispute Resolution Act 2011

Item 37: Subparagraph 15(c)(i)

Terminology change

136. This item amends terminology. See explanation of general terminology changes above.

Court Security Act 2013

Item 38: Section 5 (table item 8)

Terminology changes and updating legislative reference

137. This item amends terminology and removes the reference to section 24C of the AAT Act to reflect modern drafting practices. This amendment is technical in nature and ensures table item 8 continues to operate in substantively the same way in relation to the Tribunal.

Items 39 and 40: Section 5 (paragraph (c) of the definition of court ) and section 5 (paragraph (d) of the definition of member )

Terminology changes

138. These items amend terminology. See explanation of general terminology changes above.

Item 41: Section 51 (table item 7)

Terminology changes

139. This item replaces references to 'an officer of the Tribunal (within the meaning of the Administrative Appeals Tribunal Act 1975)' with reference to a 'staff member (within the meaning of the Administrative Review Tribunal Act 2024)' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature and ensure that table item 7 continues to operate in substantively the same way in relation to the Tribunal.

Crimes Act 1914

Items 42 and 43: Section 3UA (definition of nominated AAT member ) and section 3UA

Updating definition

140. These items update the definition of nominated AAT member to instead refer to nominated ART member. See explanation of general terminology changes above.

Item 44: Paragraph 3UJC(1)(b)

Terminology change

141. This item amends terminology. See explanation of general terminology changes above.

Item 45: Subsection 3UJC(3) (note)

Terminology change and updating legislative reference

142. This item updates the note to subsection 282(2) to reflect the terminology and provisions of the ART Bill. This item replaces the legislative reference to section 60(1) of the AAT Act with a reference to the equivalent provision in the ART Bill. Consistent with section 60(1) of the AAT Act, clause 293(1) of the ART Bill provides that prescribed Tribunal personnel have the same protection and immunity as a Justice of the High Court. This amendment is technical in nature and ensures the note remains accurate.

Item 46: Section 3UJE (heading)

Terminology changes

143. This item amends terminology. See explanation of general terminology changes above.

Item 47: Subsection 3UJE(1)

Terminology changes

144. This item amends terminology. See explanation of general terminology changes above.

Item 48: Paragraph 3UJE(1)(b)

Terminology changes

145. This item replaces references to a 'full-time senior member' with references to 'a senior member appointed on a salaried basis' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that paragraph 3UJE(1)(b) continues to operate in substantively the same way in relation to the Tribunal.

Item 49: Subsection 3UJE(2)

Terminology changes

146. This item replaces references to the AAT Minister and 'full-time senior member' with references to the ART Minister and 'a senior member appointed on a salaried basis' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature and ensure that subsection 3UJE(2) continues to operate in substantively the same way in relation to the Tribunal.

Item 50: Paragraphs 3UJE(3)(a) and (b)

Terminology change

147. This item amends terminology. See explanation of general terminology changes above.

Item 51 and 52: Section 3ZZAC (definition of nominated AAT member )

Updating definition

148. These items update the definition of nominated AAT member to instead refer to nominated ART member. See explanation of general terminology changes above.

Item 53: Paragraph 3ZZAD(1)(b)

Terminology change

149. This item amends terminology. See explanation of general terminology changes above.

Item 54: Subsection 3ZZAD(3) (note)

Terminology changes and updating legislative reference

150. This item updates the note to subsection 3ZZAD(3) to reflect the terminology and provisions of the ART Bill. This item replaces the legislative reference to section 60(1) of the AAT Act with a reference to the equivalent provision in the ART Bill. Consistent with section 60(1) of the AAT Act, clause 293(1) of the ART Bill provides that prescribed Tribunal personnel have the same protection and immunity as a Justice of the High Court. This amendment is technical in nature and ensures the note remains accurate.

Items 55 and 56: Section 3ZZAF (heading) and subsection 3ZZAF(1)

Terminology change

151. These items amend terminology. See explanation of general terminology changes above.

Item 57: Paragraph 3ZZAF(1)(b)

Terminology changes

152. This item replaces reference to a 'full-time senior member' with references to 'a senior member appointed on a salaried basis' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that paragraph 3ZZAF(1)(b) continues to operate in substantively the same way in relation to the Tribunal.

Item 58: Subsection 3ZZAF(2)

Terminology changes

153. This item replaces references to the 'AAT Minister' and 'full-time senior member' with references to the 'ART Minister' and 'senior member on a salaried basis' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that subsection 3ZZAF(2) continues to operate in substantively the same way in relation to the Tribunal.

Items 59, 60, 61 and 62: Paragraphs 3ZZAF(3)(a) and (b), subsection 3ZZBD(3),section 15GG (heading) and subsection 15GG(1)

Terminology changes

154. These items amend terminology. See explanation of general terminology changes above.

Item 63: Paragraphs 15GG(1)(b) and (c)

Terminology changes

155. This item replaces references to a 'senior member (of any level)' and 'member (of any level)' with references to 'a senior member' and 'a general member' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that paragraph 15GG(1)(b) and (c) continue to operate in substantively the same way in relation to the Tribunal.

Item 64: Subsection 15GG(2)

Terminology changes

156. This item amends terminology. See explanation of general terminology changes above.

Item 65: Subsection 15GG(2)

Terminology changes

157. This item replaces references to a 'part-time senior member or a member' with references to a 'senior member appointed on a sessional basis or a general member' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that subsection 15GG(2) continues to operate in substantively the same way in relation to the Tribunal.

Item 66: Paragraph 15GG(3)(b)

Terminology changes

158. This item amends terminology. See explanation of general terminology changes above.

Federal Proceedings (Costs) Act 1981

Items 67, 68, 69 and 70: Title, subsection 3(1) (paragraph (g) of the definition of Federal appeal ), subsection 3(1) (subparagraph (ga)(i) of the definition of Federal appeal ) and section 10A (heading)

Terminology changes

159. These items amend terminology. See explanation of general terminology changes above.

Item 71: Subsection 10A(1)

Updating legislative reference

160. This item updates a legislative reference to paragraph 19D(2)(a) of the AAT Act to instead refer to clauses 44(1)(a), 45, 46 and 47 of the ART Bill. Existing subsection 10A(1) of the Federal Proceedings (Costs) Act 1981 allows a party to a proceeding in a Tribunal to apply for a costs certificate if the Tribunal is reconstituted after a hearing has commenced.

161. Paragraph 19D(2)(a) of the AAT Act provides the circumstances where the President may reconstitute the Tribunal after a hearing has commenced. Those circumstances include where the original member (or one of the members) stops being a member, is unavailable for any reason, or is directed by the President not to take part in the proceeding. Reconstitution of the Tribunal under these circumstances is prescribed in clause 44(1)(a) of the ART Bill.

162. References to clause 45, 46 and 47 of the ART Bill have also been inserted, as they provide additional circumstances in which the President may reconstitute the Tribunal after a hearing has commenced. Should reconstitution under clause 45, 46 or 47 of the ART Bill lead to a party (other than the decision-maker) incurring additional costs, it would be appropriate for them to have the ability to apply for a costs certificate. Clauses 45, 46 and 47 are new provisions, with no direct equivalent under the AAT Act, although they overlap with the general circumstances provided under clause 44(1)(a). An explanation of these new provisions is provided below.

163. Clause 45 of the ART Bill enables the President to reconstitute the Tribunal if a member must cease taking part in the proceeding under clause 89. Clause 89 provides that a member who has been involved in a dispute resolution process in relation to the proceeding must no longer continue to take part in the proceeding if a party objects. This gives effect to the principle in section 34F of the AAT Act.

164. Clause 46 of the ART Bill allows the President to reconstitute the Tribunal if – due to a member having a conflict of interest or actual or apprehended bias in relation to the proceeding – it would be in the interests of justice for them to be removed from the proceeding.

165. Clause 47 of the ART Bill provides that, if an application is referred to the guidance and appeals panel under clause 122, the President must reconstitute the Tribunal for that proceeding. As the guidance and appeals panel is being newly established by the ART Bill, there is no equivalent provision in the AAT Act.

Items 72 and 73: Subsection 18(2A) and schedule (table item dealing with the Administrative Appeals Tribunal)

Terminology changes

166. These items amend terminology. See explanation of general terminology changes above.

Foreign Influence Transparency Scheme Act 2018

Items 74, 75, 76 and 77: Section 14H, subsection 14J(2), subparagraph 43(2A)(a)(i) and paragraph 43(2A)(b)

Terminology changes

167. These items amend terminology. See explanation of general terminology changes above.

Inspector-General of Intelligence and Security Act 1986

Items 78 and 79: Subparagraph 8(1)(c)(ii) and paragraph 9AA(c)

Terminology changes

168. These items replaces references to the 'Security Division of the Administrative Appeals Tribunal' with references to the 'Intelligence and Security jurisdictional area of the Administrative Review Tribunal' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that subparagraph 8(1)(c)(ii) and paragraph 9AA(c) continue to operate in substantively the same way in relation to the Tribunal.

Inspector of Transport Security Act 2006

Items 80 and 81: Section 3 (definition of nominated AAT member ) and section 3

Updating definition

169. These items update the definition of nominated AAT member to instead refer to nominated ART member. See explanation of general terminology changes above.

Items 82–92 and 94–95: Subsection 77(1), paragraph 77(5)(a), subparagraphs 77(5)(a)(i) and (ii), paragraphs 77(5)(b) and (c), subsection 77(6), paragraph 77(6)(a), subsections 77(8), (9), (10) and (11), section 79 (heading), subsection 79(1), paragraphs 79(1)(c) and 79(3)(a) and subsection 79(4)

Terminology changes

170. These items amend terminology. See explanation of general terminology changes above.

Item 93: Paragraph 79(1)(c)

Terminology changes

171. This item removes references to '(of any level)' to reflect the terminology and provisions of the ART Bill. The amendment is technical in nature, and ensures that paragraph 79(1)(c) continues to operate in substantively the same way in relation to the Tribunal.

National Anti-Corruption Commission Act 2022

Item 96: Subsection 12(2) (table item 7)

Terminology changes

172. This item replaces references to 'a member (within the meaning of the Administrative Appeals Tribunal Act 1975) of the Tribunal who is not a Judge' and 'a member of the staff of the Tribunal' with references to 'a non-judicial member' and 'a staff member' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and ensure that subsection 12(2) (table item 7) continues to operate in substantively the same way in relation to the Tribunal.

Privacy Act 1988

Items 97, 98 and 99: Paragraph 62(5)(b), section 96 (heading), subsection 96(1)

Terminology changes

173. These items amend terminology. See explanation of general terminology changes above.

Proceeds of Crime Act 2002

Item 100: Before paragraph 183(5)(a)

Insert paragraph

174. This item inserts a new provision enabling the Minister to appoint certain members of the ART as 'approved examiners' under this Act. The ability to appoint these members as approved examiners is prescribed in the Proceeds of Crime Regulations 2019. This provision has been copied directly from the regulations, with updates to relevant terminology.

Public Interest Disclosure Act 2013

Item 101: Section 8 (paragraph (h) of the definition of designated publication restriction )

Updating legislative reference

175. This item updates legislative references to provisions of the AAT Act to instead refer to the equivalent provisions of the ART Bill. Subsections 35(3), 35(4) and 35AA(2) of the AAT Act permit the Tribunal to give directions prohibiting or restricting the publication or other disclosure of certain information. This is prescribed in subclauses 70(1), 70(2) and 157(3) of the ART Bill. This amendment is technical in nature and ensures that the definition of 'designated publication restriction' continues to operate in substantively the same way in relation to the Tribunal.

Item 102: Paragraph 73(2)(e)

Terminology changes

176. This item updates reference to the 'Registrar of the Administrative Appeals Tribunal' to clarify that 'the Chief Executive Officer and Principal Registrar of the Administrative Review Tribunal is the chief executive officer of the Administrative Review Tribunal' for the purposes of the Public Interest Disclosure Act 2013. This update reflects the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that paragraph 73(2)(e) continues to operate in substantively the same way in relation to the Tribunal.

Surveillance Devices Act 2004

Item 103: Subsection 6(1) (definition of nominated AAT member )

Updating definition

177. This item updates the definition of nominated AAT member to instead refer to nominated ART member. See explanation of general terminology changes above.

Items 104, 105 and 106: Section 11, section 13 (heading) and subsection 13(1)

Terminology changes

178. These items amend terminology. See explanation of general terminology changes above.

Item 107: Paragraphs 13(1)(b) and (c)

Terminology changes

179. This item replaces references to 'senior member (of any level)' and 'member (of any level)' with references to 'senior member' and 'general member' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that paragraphs 13(1)(b) and (c) continue to operate in substantively the same way in relation to the Tribunal.

Item 108: Subsection 13(2)

Terminology changes

180. This item replaces references to the 'AAT Minister' and 'part-time senior member or a member' with references to the 'ART Minister' and 'senior member appointed on a sessional basis or a general member' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that subsection 13(2) continues to operate in substantively the same way in relation to the Tribunal.

Items 109 – 163: Paragraphs 13(3)(a) and (b), subsections 13(4) and 14(4), paragraph 14(7)(a), subsection 15(2), section 16, paragraph 17(1)(a), subsection 19(2), section 20, subsection 21(4), section 22, subsection 23(2), section 24, paragraph 25(1)(a), sections 27 and 27A, subsection 27B(2), section 27C, paragraph 27D(1)(a), subsection 27E(2), sections 27F and 27G, subsection 27H(8), section 27KA, subsection 27KB(2), section 27KC, paragraph 27KD(1)(a), subsection 27KE(2), sections 27KF and 27KG, subsection 27KH(3), section 27KK, subsection 27KL(2), section 27KM, paragraph 27KN(1)(a), subsection 27KP(2), sections 27KQ and 27KR, paragraph 27KS(3)(b), sections 33, 34, 35 (heading), 35, 35A (heading), 35A, 35B (heading), 35B, 42, 43A and 43C, subsection 43E(1), paragraph 44(2)(a), paragraph 53(2)(b), sections 64A and 64B

Terminology changes

181. These items amend terminology. See explanation of general terminology changes above.

Telecommunications (Interception and Access) Act 1979

Items 164 and 165: Subsection 5(1) (definition of nominated AAT member ) and subsection 5(1)

Updating definition

182. These items update the definition of nominated AAT member to instead refer to nominated ART member. See explanation of general terminology changes above.

Items 166 and 167: Section 6DA (heading) and subsection 6DA(1)

Terminology changes

183. These items amend terminology. See explanation of general terminology changes above.

Item 168: Paragraph 6DA(1)(b)

Terminology changes

184. This item removes the reference to '(of any level)' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that paragraph 6DA(1)(b) continues to operate in substantively the same way in relation to the Tribunal.

Item 169: Paragraph 6DA(1)(c)

Terminology changes

185. This item updates the reference to 'member (of any level)' to 'general member' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that paragraph 6DA(1)(c) continues to operate in substantively the same way in relation to the Tribunal.

Item 170: Subsection 6DA(2)

Terminology changes

186. This item updates the reference to 'part-time senior member or a member' to 'senior member on a sessional basis or a general member' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that subsection 6DA(2) continues to operate in substantively the same way in relation to the Tribunal.

Items 171 and 172: Paragraph 6DA(3)(a) and subsection 6DA(4)

Terminology changes

187. These items amend terminology. See explanation of general terminology changes above.

Items 173 and 174: Subparagraphs 6DB(1)(b)(i) and 6DC(1)(b)(i)

Terminology changes

188. These items make terminology changes to replace references to 'senior member at any level)' and 'member (at any level)', 'full-time senior member, part-time senior member' and 'member' with references to 'senior member' and 'general member' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that subparagraphs 6DB(1)(b)(i) and 6DC(1)(b)(i) continue to operate in substantively the same way in relation to the Tribunal.

Items 175, 176, 177, 178, 179, 180 and 181: Section 6H, subsection 7(7), paragraph 39(1)(b), sections 43, 44, 44A, 45, 46, 46A, 48, 49, 50 and 51, section 52 (heading), subsection 52(1), sections 81A, 81C, 94A and 103

Terminology changes

189. These items amend terminology. See explanation of general terminology changes above.

Item 182: Section 103A

Repealing provision no longer necessary

190. This item repeals section 103A. This section relates to an annual report for the years 1999 and 2000, and is therefore no longer necessary.

Items 183 and 186: Subclause 2 of Schedule 1 (definition of nominated AAT member ) and clause 2 of Schedule 1

Updating definition

191. These items update the definition of nominated AAT member to instead refer to nominated ART member. See explanation of general terminology changes above.

Items 184 and 185: Clause 2 of Schedule 1 (definition of nominated AAT member ) and Clause 2 of Schedule 1

Updating definitions

192. These items update the definition of nominated AAT Security Division member with a definition of nominated ART Intelligence and Security member due to the AAT's Security Division being replaced by the ART's Intelligence and Security jurisdictional area. See explanation of general terminology changes above.

Items 187 and 188: Clause 15 of Schedule 1 (heading) and subclause 15(1) of Schedule 1

Terminology changes

193. These items amend terminology. See explanation of general terminology changes above.

Items 189 and 190: Paragraph 15(1)(b) of Schedule 1 and paragraph 15(1)(c) of Schedule 1

Terminology changes

194. These items replace the references to 'senior member (of any level)' and 'member (of any level)' with references to 'senior member' and 'general member' to reflect the terminology and provisions of the ART Bill. The amendments are technical in nature, and do not affect the operation or effect of the provision.

Item 191: Subclause 15(2) of Schedule 1

Terminology changes

195. This item replaces the reference to 'part-time senior member or a member' with 'senior member appointed on a sessional basis or a general member' to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that subclause 15(2) of Schedule 1 continues to operate in substantively the same way in relation to the Tribunal.

Item 192: Subclauses 15(3) and (4) of Schedule 1

Terminology changes

196. This item amends terminology. See explanation of general terminology changes above.

Item 193: Subparagraph 16(1)(b)(i) of Schedule 1

Terminology changes

197. This item replaces references to 'senior member (of any level)' and 'member (of any level)' with references to 'senior member' and 'general member' to reflect the terminology and provisions of the ART Bill. These amendments are technical in nature and ensure that subparagraph 16(1)(b)(i) of Schedule 1 continues to operate in substantively the same way in relation to the Tribunal.

Item 194: Clause 17 of Schedule 1 (heading)

Terminology changes

198. This item replaces references to 'nominated AAT Security Division member' with nominated ART Intelligence and Security member due to the AAT's Security Division being replaced by the ART's Intelligence and Security jurisdictional area. See explanation of general terminology changes above.

Item 195: Paragraph 17(1)(a) of Schedule 1

Terminology changes

199. This item amends terminology. See explanation of general terminology changes above.

Items 196 and 197: Subparagraph 17(1)(a)(ii) of Schedule 1 and subparagraph 17(1)(a)(iii) of Schedule 1

Terminology changes

200. These replaces references to 'senior member (of any level)' and 'member (of any level)' with references to 'senior member' and 'general member' to reflect the terminology and provisions of the ART Bill. These amendments are technical in nature and ensure that subparagraphs 17(1)(a)(ii) and 17(1)(a)(iii) continue to operate in substantively the same way in relation to the Tribunal.

Item 198: Paragraph 17(1)(b)

Terminology changes

201. This item makes terminology changes to reflect the AAT's Security Division being replaced by the ART's Intelligence and Security jurisdictional area. See explanation of general terminology changes above.

Item 199: Subclause 17(2) of Schedule 1

Terminology changes

202. This item replaces references to a 'part-time senior member' or a 'member' of the AAT with 'a person who holds an appointment as a senior member on a sessional basis' of the ART to reflect the terminology and provisions of the ART Bill. This amendment is technical in nature and ensures that paragraph 6DA(1)(b) continues to operate in substantively the same way in relation to the Tribunal.

Item 200: Paragraph 17(3)(b) of Schedule 1

Terminology changes

203. This item makes terminology changes to reflect the AAT's Security Division being replaced by the ART's Intelligence and Security jurisdictional area. See explanation of general terminology changes above.

Item 201: Subclauses 17(3A) and (3B) of Schedule 1

Terminology changes

204. This item amends terminology. See explanation of general terminology changes above.

Items 202 and 203: Subclause 17(4) of Schedule 1 and subclause 17(5) of Schedule 1

Terminology changes

205. These items make terminology changes to reflect the AAT's Security Division being replaced by the ART's Intelligence and Security jurisdictional area. See explanation of general terminology changes above.

Items 204–219: Paragraph 22(1A)(b), clauses 26, 27 (heading), 27, 28 and 29, subclauses 30(1), 30(2), 30(5) (heading), 30(5), 30(6) and 30(7), clause 31, paragraph 52(1A)(b), clauses 56, 57 (heading), 57, 58 and 59, subclauses 60(1), 60(2), 60(5) (heading), 60(5), 60(6), 60(7), 60(8) and 61(2) of Schedule 1

Terminology changes

206. These items amend terminology. See explanation of general terminology changes above.

Item 220–243: Subclause 83(1), clauses 87, 88 (heading) and 88, subclauses 89(1), 89(2), 89(5) (heading), 89(5), 89(6), 89(7), 90(2) and 92(1), clauses 96, 97 (heading), 97, subclauses 98(1), 98(2), 98(3) (heading) and 98(3), clauses 99, 101, 105, 106 (heading) and 106, subclauses 107(1), 107(2), 107(5) (heading), 107(5) and 108(2), clause 173 (heading) and clause 173 of Schedule 1

Terminology changes

207. These items make terminology changes to reflect the AAT's Security Division being replaced by the ART's Intelligence and Security jurisdictional area. See explanation of general terminology changes above.

SCHEDULE 3 - CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER

OUTLINE

208. Schedule 3 contains consequential amendments to the following Acts in the Climate Change, Energy, Environment and Water portfolio:

•

Antarctic Treaty (Environment Protection) Act 1980

•

Carbon Credits (Carbon Farming Initiative) Act 2011

•

Environment Protection and Biodiversity Conservation Act 1999

•

Fuel Quality Standards Act 2000

•

Great Barrier Reef Marine Park Act 1975

•

National Greenhouse and Energy Reporting Act 2007

•

Renewable Energy (Electricity) Act 2000

•

Water Efficiency Labelling and Standards Act 2005

AMENDMENTS

General terminology changes

209. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions continue to operate in substantively the same way in the new Tribunal.

Antarctic Treaty (Environment Protection) Act 1980

Item 1: Subsections 28(1) and (1A)

Terminology change

210. This item amends terminology. See explanation of general terminology changes above.

Item 2: Subsection 28(1A)

Updating legislative reference

211. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 41(2) of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in subclause 32(2) of the ART Bill.

212. Subsection 28(1A) of the Antarctic Treaty (Environment Protection) Act 1980 prevents the AAT from making a stay order for certain types of decisions under that Act. Those decisions include decisions by the Minister to vary, suspend or revoke an authorisation to carry on an activity if satisfied that doing so would be consistent with basic environmental principles, or to prevent irreversible environmental damage.

213. It would not be appropriate to allow the Tribunal to make orders staying or otherwise affecting the implementation of such decisions. This would allow a person to undertake the activity, potentially causing irreversible harm to the environment.

214. This amendment is technical in nature and ensures subsection 28(1A) of the Antarctic Treaty (Environment Protection) Act 1980 continues to operate in substantively the same way in relation to the Tribunal.

Item 3: Subsection 28(2)

Terminology change

215. This item amends terminology. See explanation of general terminology changes above.

Carbon Credits (Carbon Farming Initiative) Act 2011

Item 4: Subsection 164(3)

Terminology change, and interaction with the guidance and appeals panel

216. This item amends terminology. See explanation of general terminology changes above.

217. Paragraph 164(3)(f) of the Carbon Credits (Carbon Farming Initiative) Act 2011 prescribes that, if a certain decision under that Act is subject to a review by the AAT, the Regulator must publish an appropriate annotation on the Regulator's website when the AAT review is 'finalised'.

218. This item replicates that provision, substituting reference to the AAT with reference to the ART.

219. Of relevance to the operation of paragraph 164(3)(f) of the Carbon Credits (Carbon Farming Initiative) Act 2011, Part 5 of the ART Bill establishes a guidance and appeals panel within the Tribunal. The guidance and appeals panel will have the power to review and determine Tribunal decisions referred to it by the President that may contain a material error of fact or law, or that raise an issue of significance to administrative decision-making. A party may apply to the President under clause 123 of the ART Bill to refer a decision of the Tribunal made under clause 105 to the guidance and appeals panel. If the President refers the decision to the guidance and appeals panel, it will conduct a full merits review of the decision de novo.

220. For the purposes of paragraph 164(3)(f) of the Carbon Credits (Carbon Farming Initiative) Act 2011, review of the decision by the Tribunal would not be 'finalised' until the below scenarios occur:

•

If a party appeals the Tribunal's decision on question of law to a court, or applies to have the decision referred to the guidance and appeals panel, the later of:

-

the completion of the relevant appeal (for example, if a matter is reviewed by the guidance and appeals panel and a party appeals the decision to the court – when the appeal to the court is completed), or

-

the period in which an appeal can be made concludes (for example, if a matter is reviewed by the guidance and appeals panel and a party does not appeal the decision to the court – when the period in which an appeal can be made to the court concludes).

•

Where no appeal is made to the guidance and appeals panel or a court, when the period within which appeals (to a court or the guidance and appeals panel) can be made concludes.

Items 5, 6, 7 and 8: Section 239, section 244 (heading), subsections 244(1) and (2), and paragraphs 245(1)(e) and 2(b)

Terminology changes

221. These items amend terminology. See explanation of general terminology changes above.

Environment Protection and Biodiversity Conservation Act 1999

Items 9 and 10: Subsections 206A(1), 221A(1), 243A(1), 263A(1), 303GJ(1) and paragraph 472(2)(a)

Terminology change

222. These items amend terminology. See explanation of general terminology changes above.

Item 11: Paragraph 472(2)(b)

Updating legislative reference

223. This item removes the reference to section 28 of the AAT Act. Section 28 of the AAT Act (and clause 268, the equivalent provision in the ART Bill) provides that, subject to exceptions, people whose interests are affected by the reviewable decision may seek a statement of reasons for the decision. By removing the pinpoint reference to section 28 of the AAT Act, and instead referring generally to a statement in relation to a decision under the ART Bill, this item ensures that paragraph 472(2)(b) of the Environment Protection and Biodiversity Conservation Act 1999 continues to operate in substantively the same way in relation to the Tribunal.

Items 12 and 13: Section 473 (heading) and subsection 473(1)

Terminology change

224. These items amend terminology. See explanation of general terminology changes above.

Item 14: Subsection 473(2)

Updating legislative reference

225. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provisions of the ART Bill. Section 27 of the AAT Act provides that a person whose interests are affected by a reviewable decision, including if the person is the Commonwealth or a statutory authority, may apply to the Tribunal for review of the decision. This matter is prescribed in clauses 17 and 35 of the ART Bill.

226. Subsection 473(2) of the Environment Protection and Biodiversity Conservation Act 1999 provides that despite section 27 of the AAT Act, applications may not be made to the AAT by or on behalf of Commonwealth agencies, for review of decisions to give advice about whether an action would contravene a conservation order over a Commonwealth area under the Act. It is not appropriate for Commonwealth agencies to apply to the Tribunal for review of these decisions, because the decision itself was made by the Department administering the Environment Protection and Biodiversity Conservation Act 1999.

227. This amendment is technical in nature and ensures subsection 473(2) of the Environment Protection and Biodiversity Conservation Act 1999 continues to operate in substantively the same way in relation to the Tribunal.

Fuel Quality Standards Act 2000

Item 15: Subsection 35(4)

Terminology change

228. This item amends terminology. See explanation of general terminology changes above.

Item 16: Subsections 70(1) and (2)

Terminology change

229. This item amends terminology. See explanation of general terminology changes above.

Item 17: Subsection 70(2)

Updating legislative reference

230. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27 of the AAT Act provides that a person whose interests are affected by a reviewable decision may apply to the Tribunal for review of the decision. This matter is prescribed in clause 17 and clarified in clause 15 of the ART Bill.

231. Subsection 70(2) of the Fuel Quality Standards Act 2000 provides that the meaning of the term 'person whose interests are affected' in section 27 of the AAT Act is extended by subsections 70(3) and (4).

232. This amendment is technical in nature and ensures subsection 70(2) of the Fuel Quality Standards Act 2000 continues to operate in substantively the same way in relation to the Tribunal.

Great Barrier Reef Marine Park Act 1975

Items 18, 19, 20 and 21: Subsection 3(1) (definition of AAT ), subsection 3(1), section 39M (heading) and subsection 39M(1)

Terminology changes

233. These items amend terminology. See explanation of general terminology changes above.

Item 22: Subsection 39M(2)

Updating legislative reference

234. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 29 of the AAT Act prescribes when an application for review of a decision must be lodged with the AAT. Clause 18 of the ART Bill provides that an application for review of a decision by the ART must be made within the period prescribed by the rules.

235. Subsection 39M(2) of the Great Barrier Reef Marine Park Act 1975 sets out the time period for making an application to the Tribunal where a decision is deemed to have been made under subsection 39L(4) of that Act. Subsection 39M(2) as amended by this item stipulates that the time period applies regardless of clause 18 of the ART Bill.

236. This amendment is technical in nature and ensures subsection 39M(2) of the Great Barrier Reef Marine Park Act 1975 continues to operate in substantively the same way in relation to the Tribunal.

Item 23: Subsection 39M(3)

Updating legislative reference

237. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 41 of the AAT Act provides that a decision that is subject to review by the Tribunal continues to operate, unless the Tribunal makes an order staying or otherwise affecting the operation or implementation of the decision. This matter is prescribed in clause 32 of the ART Bill. This amendment is technical in nature and ensures subsection 39M(3) of the Great Barrier Reef Marine Park Act 1975 continues to operate in substantively the same way in relation to the Tribunal.

Items 24, 25 and 26: Paragraph 32N(1)(b), subsection 39N(2) and section 59G (heading)

Terminology changes

238. These items amend terminology. See explanation of general terminology changes above.

Item 27: subsection 59G(1) (definition of decision )

Updating definition

239. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 28 and 29: Subsection 59G(2) and paragraph 59G(3)(b)

Terminology changes

240. These items amend terminology. See explanation of general terminology changes above.

Item 30: Subsection 64(6) (definition of decision )

Updating definition

241. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 31 and 32: Section 64A (heading) and section 64A

Terminology changes

242. These items amend terminology. See explanation of general terminology changes above.

Industrial Chemicals Environmental Management (Register) Act 2021

Item 33: Subsection 47(7) (note)

Updating legislative reference

243. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill. This amendment is technical in nature and ensures the note to subsection 47(7) of the Industrial Chemicals Environmental Management (Register) Act 2021 remains accurate.

Items 34 and 35: Section 48 (heading) and section 48

Terminology changes

244. These items amend terminology. See explanation of general terminology changes above.

National Greenhouse and Energy Reporting Act 2007

Item 36, 37, 38, 39 and 40: Subsection 22XNG(2), paragraph 22XNN(1)(e), subsection 22XNN(2), section 56 (heading) and section 56

Terminology changes

245. These items amend terminology. See explanation of general terminology changes above.

Nature Repair Act 2023

Item 41: Section 4 (paragraph beginning "This Act also contains")

Terminology change

246. This item amends terminology. See explanation of general terminology changes above.

Item 42: Subsection 176(3)

Terminology change, and interaction with the guidance and appeals panel

247. This item amends terminology. See explanation of general terminology changes above.

248. Paragraph 176(3)(f) of the Nature Repair Act 2023 prescribes that, if a certain decision under that Act is subject to a review by the AAT, the Regulator must publish an appropriate annotation on the Regulator's website when the AAT review is 'finalised'.

249. This item replicates that provision, substituting reference to the AAT with reference to the ART.

250. Of relevance to the operation of paragraph 176(3)(f) of the Nature Repair Act 2023, Part 5 of the ART Bill establishes a guidance and appeals panel within the Tribunal. The guidance and appeals panel will have the power to review and determine Tribunal decisions referred to it by the President that may contain a material error of fact or law, or that raise an issue of significant to administrative decision-making. A party may apply to the President under clause 123 of the ART Bill to refer a decision of the Tribunal made under clause 105 to the guidance and appeals panel. If the President refers the decision to the guidance and appeals panel, it will conduct a full merits review of the decision de novo.

251. For the purposes of paragraph 176(3)(f) of the Nature Repair Act 2023, review of the decision by the Tribunal would not be 'finalised' until the below scenarios occur:

•

If a party appeals the Tribunal's decision on question of law to a court, or applies to have the decision referred to the guidance and appeals panel, the later of:

-

the completion of the relevant appeal (for example, if a matter is reviewed by the guidance and appeals panel and a party appeals the decision to the court – when the appeal to the court is completed), or

-

the period in which an appeal can be made concludes (for example, if a matter is reviewed by the guidance and appeals panel and a party does not appeal the decision to the court – when the period in which an appeal can be made to the court concludes).

•

Where no appeal is made to the guidance and appeals panel or a court, when the period within which appeals (to a court or the guidance and appeals panel) can be made concludes.

Item 43: Section 211

Terminology change

252. This item amends terminology. See explanation of general terminology changes above.

Item 44: Subsection 213(2) (note)

Updating legislative reference

253. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill. This amendment is technical in nature and ensures the note to subsection 213(2) of the Nature Repair Act 2023 remains accurate.

Items 45 and 46: Section 217 (heading) and subsections 217(1) and (2)

Terminology changes

254. These items amend terminology. See explanation of general terminology changes above.

Item 47: Subsection 217(2) (note)

Updating legislative reference

255. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill. This amendment is technical in nature and ensures the note to subsection 217(2) of the Nature Repair Act 2023 remains accurate.

Renewable Energy (Electricity) Act 2000

Items 48, 49 and 50: Subsection 57(6), paragraph 60(a) and section 60 (note)

Terminology changes

256. These items amend terminology. See explanation of general terminology changes above.

Item 51: Section 61

Terminology change and retaining existing burden of proof

257. This item amends terminology. See explanation of general terminology changes above.

258. As only terminology changes are being made to this provision, the existing burden of proof will be retained. The basis for the burden of proof being placed on the liable entity is because they are requested to produce documentation to the Regulator and AAT, which is the basis on which the Regulator relies to reach a decision. This burden is appropriately placed on the entity making the application as it is consistent with common law principles that the party claiming that another entity's decision is wrong must prove that this is indeed the case. Further, the facts and evidence relating to these disputes are peculiarly within the knowledge of dissatisfied entities.

Item 52: Subsection 66(3) (note)

Updating legislative reference

259. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill. This amendment is technical in nature and ensures the note to subsection 66(3) of the Renewable Energy (Electricity) Act 2000 remains accurate.

Item 53: Subsection 66(5)

Terminology change

260. This item amends terminology. See explanation of general terminology changes above.

Water Efficiency Labelling and Standards Act 2005

Items 54, 55, 56, 57 and 58: Subsection 17(1), paragraph 17(2)(a), subsection 17(3), section 72 (heading) and subsection 72(1)

Terminology changes

261. These items amend terminology. See explanation of general terminology changes above.

Item 59: Subsection 72(3)

Updating legislative reference

262. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27 of the AAT Act provides that a person whose interests are affected by a reviewable decision may apply to the Tribunal for review of the decision. This matter is prescribed in clause 17 of the ART Bill. This amendment is technical in nature and ensures subsection 72(3) of the Water Efficiency Labelling and Standards Act 2005 continues to operate in substantively the same way in relation to the Tribunal.

SCHEDULE 4 - DEFENCE PORTFOLIO

OUTLINE

263. This Schedule contains consequential amendments to the Defence Act 1903.

AMENDMENTS

General terminology changes

264. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions continue to operate in substantively the same way in the new Tribunal.

Defence Act 1903

Items 1, 2, 3 and 4: Subsection 4(1)

Updating definitions

265. These items amend subsection 4(1) of the Defence Act 1903 to replace the definitions of AAT and AAT Act with definitions of ART and ART Bill.

Items 5, 6 and 7: Section 61CZB, section 61CZC (heading) and subsection 61CZC(1)

Terminology changes

266. These items amend terminology. See explanation of general terminology changes above.

Item 8: Subsections 61CZC(2), (3) and (4)

Terminology changes

267. Section 61CZC(1) provides that the AAT Act applies in relation to the review of a determination of a Conscientious Objection Tribunal subject to the modifications set out in that section. This item repeals and substitutes subsections 61CZC(2), (3) and (4) of the Defence Act 1903 to amend terminology and update legislative references to sections 30, 30A, 31, 44 and 44A of the AAT Act with references to the equivalent clause 22, clause 59, paragraph 22(1)(c) and clauses 172 to 178 of the ART Bill.

268. A key objective of the ART Bill is to enable procedural efficiencies and process improvements by harmonising processes and procedures across the Tribunal's caseload wherever possible. However, the amendments in item 8 and elsewhere in this schedule retain specialised provisions that would be fundamental to the Tribunal's review of assessments made by a Conscientious Objection Tribunal if established under the Defence Act 1903.

269. Subsection 61CZC(2) provides that, despite section 30 of the AAT Act, the parties to a proceeding before the AAT for a review of a determination of a Conscientious Objection Tribunal are the person in relation to whom the determination was made and the Commonwealth. Section 30 of the AAT Act, and the equivalent provision of the ART Bill, clause 22, deal with the parties to a proceeding before the AAT. The amendment is technical in nature and ensures the provision continues to operate in substantively the same way in relation to the Tribunal.

270. Subsection 61CZC(3) provides that sections 30A, 31, 44 and 44A of the AAT Act do not apply in relation to the AAT's review of a determination of a Conscientious Objection Tribunal.

271. Section 30A of the AAT Act, and the equivalent provision of the ART Bill, clause 59, provide that the Attorney-General may become a party to a proceeding. As the Commonwealth will always be a party to the Tribunal proceedings due to subsection 61CZC(2) of the Defence Act 1903, there is no need to provide for the Attorney-General to intervene in proceedings on behalf of the Commonwealth.

272. Section 31 of the AAT Act provides the Tribunal with discretion to determine whether the interests of a person are affected by a decision. Clause 22 of the ART Bill sets out who the parties are to a proceeding for review, which includes, under paragraph 22(1)(c), any person who applies to become a party to the proceeding if the Tribunal considers that the person has interests affected by the decision and it is appropriate to add the person as a party to the proceeding. Subsection 61CZC(2) of the Defence Act 1903 provides that the parties to a proceeding for a review of a determination of a Conscientious Objection Tribunal are the person in relation to whom the determination was made and the Commonwealth. Accordingly, new subsection 61CZC(3) of the Defence Act 1903 would disapply paragraph 22(1)(c) of the ART Bill to ensure that no other persons may become a party to the proceedings, meaning it will continue to operate in the same way in relation to the Tribunal.

273. Section 44 of the AAT Act provides for appeal from the AAT to the FCA by parties to a proceeding. Section 44A of the AAT Act relates to the operation and implementation of decisions subject to appeal. This item ensures the equivalent provisions of the ART Bill, clauses 172 to 178 (inclusive), do not apply in relation to the review. To ensure appropriate review of conscientious objections to military service, sections 61CZD and 61CZE of the Defence Act 1903 set out the process for appeals from the Tribunal to the FCA on questions of law, and the operation and implementation of decisions subject to appeal.

274. Subsection 61CZC(4) has the effect of modifying the operation of subsection 46(1) of the AAT Act (which relates to the sending of documents from the AAT to the FCA) so that it only applies when a question of law is referred to the FCA in accordance with section 45 of the AAT Act and not when an appeal is instituted in accordance with section 44 of the AAT Act. This modification is required because section 61CZD of the Defence Act 1903 only permits appeals to the FCA on a question of law with respect to the review of a determination of a Conscientious Objection Tribunal by the AAT. This subsection is updated to reference equivalent provisions of the ART Bill so it will continue to operate in the same way in relation to the Tribunal.

Items 9 and 10: Section 61CZD (heading) and subsections 61CZD(1) and (2)

Terminology changes

275. These items amend terminology. See explanation of general terminology changes above.

Item 11: Subsection 61CZD(3)

Amendment to remove requirement for appeals to be heard by a Full Court

276. This item amends subsection 61CZD(3) of the Defence Act 1903 to remove the requirement that the FCA's jurisdiction to hear and determine appeals instituted under subsection 61CZD(2) must be exercised by the FCA constituted as a Full Court.

277. Repealing this subsection has the effect that clause 175 of the ART Bill will instead apply. Subclause 175(1) provides that, if the Tribunal decision was given by a member who is a Judge or a Tribunal constituted with at least one member who is a Judge, the appeal must be heard by a Full Court. Subclause 175(2) prescribes when an appeal may be heard by a Full Court, including if the matter was one determined at a sufficiently senior level within the Tribunal, or if the Chief Justice of the Court, following consultation with the President, thinks it appropriate.

278. This amendment will enable the standard provisions of the ART Bill to apply, simplifying processes for the Tribunal and its users, and supporting efficiency.

Items 12, 13, 14 and 15: Subsection 61CZD(4), section 61CZE, subsection 72TM(4) (heading) and subsection 72TM(4)

Terminology changes

279. These items amend terminology. See explanation of general terminology changes above.

Item 16: Subsection 110XC(5)

Terminology change and updating legislative reference

280. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 67 of the AAT Act prescribes the fees payable to persons required to comply with a summons. This matter is prescribed in clause 77 of the ART Bill. This amendment is technical in nature and ensures subsection 110XC(5) continues to operate in substantively the same way in relation to the Tribunal.

SCHEDULE 5 - EDUCATION

OUTLINE

281. This schedule contains consequential amendments to the following Acts in the Education portfolio:

•

Education Services for Overseas Students Act 2000

•

Higher Education Funding Act 1988

•

Higher Education Support Act 2003

•

Tertiary Education Quality and Standards Agency Act 2011

AMENDMENTS

General terminology changes

282. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the 'Administrative Appeals Tribunal', the 'AAT' and the 'Administrative Appeals Tribunal Act 1975', and replacing them with references to the 'Administrative Review Tribunal', the 'ART' and the 'Administrative Review Tribunal Act 2024'. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions continue to operate in substantively the same way in the new Tribunal.

Education Services for Overseas Students Act 2000

Item 1: Section 5

Updating definitions

283. This item inserts a definition of ART member, which means a member of the ART within the meaning of the ART Bill. In the ART Bill, the term 'member' includes all members of the Tribunal – the President, Deputy Presidents (judicial and non-judicial), senior members and general members.

Item 2: Section 5 (definition of tribunal member )

Terminology changes

284. This item repeals the definition of tribunal member which is replaced by the definition of ART member as inserted by item 1. See explanation of general terminology changes above.

Items 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 and 14: Paragraph 53B(3)(b), subsection 128(1), paragraph 128(2)(b), subsection 128A(1), paragraph 128A(2)(b), section 129 (heading), subsection 129(1), section 169AA, subsection 169AD(1) (note), paragraph 169AE(4)(c), section 169AG (heading) and subsection 169AG(1)

Terminology changes

285. These items amend terminology. See explanation of general terminology changes above.

Higher Education Funding Act 1988

Item 15: Subsection 50(1)

Terminology changes

286. This item amends terminology. See explanation of general terminology changes above.

Item 16: Subsection 50(2)

Updating legislative references

287. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 41(2) of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in subclause 32(2) of the ART Bill. This amendment is technical in nature and ensures subsection 50(2) of the Higher Education Funding Act 1988 continues to operate in substantively the same way in relation to the Tribunal.

Items 17 and 18: Subsection 51(1)

Updating legislative references

288. These items update legislative references to provisions of the AAT Act to instead refer to the equivalent provisions of the ART Bill. Section 28 of the AAT Act provides that, subject to exceptions, people whose interests are affected by the reviewable decision may seek a statement of reasons for the decision. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if it has already been given. These references have been updated to reflect the equivalent provisions in the ART Bill (clause 268 and subclause 269(7) respectively).

289. These amendments are technical in nature and ensure subsection 51(1) of the Higher Education Funding Act 1988 continues to operate in substantively the same way in relation to the Tribunal.

Items 19, 20, and 21: Subsection 78(6), subparagraph 106L(5)(b)(ii) and section 106M (heading)

Terminology changes

290. These items amend terminology. See explanation of general terminology changes above.

Items 22 and 23: Paragraph 106M(4)(b) and subsection 106M(6)

Terminology changes and updating legislative references

291. These items amend terminology. See explanation of general terminology changes above.

292. Item 22 omits the requirement that a notice of decision by the Secretary not to remit the whole or a part of a semester debt must include a statement to the effect that the applicant may apply to the Tribunal for review within 28 days of receiving the notice. Instead, the notice must refer to the ability to apply for review subject to the ART Bill. This has the effect that the notice of a decision to remit or not to remit a semester debt under the Higher Education Funding Act 1988, refers to the timeframes and processes to apply for review as prescribed by the rules made under the ART Bill.

Items 24 and 25: Paragraph 106MA(1)(a) and subsection 106MA(2)

Terminology changes

293. These items amend terminology. See explanation of general terminology changes above.

Item 26: Subsection 106MA(2)

Terminology change

294. This item amends terminology so that the reference to the 'Registrar of the Tribunal' is substituted with the 'Tribunal'. This clarifies that the Secretary on reconsideration of a decision under review must notify the Tribunal of the decision made on that review, rather than the Principal Registrar. This maintains consistency across similar provisions involving requirements for written notifications to the Tribunal. This amendment is technical in nature and ensures subsection 106MA(2) of the Higher Education Funding Act 1988 continues to operate in substantively the same way in relation to the Tribunal.

Item 27: Subsection 106MA(5)

Terminology change

295. This item amends terminology. See explanation of general terminology changes above.

Item 28: Subsection 106MA(5)

Terminology change

296. This item amends terminology so that the reference to the 'Registrar of the Tribunal' is substituted with the 'Tribunal'. This clarifies that a notice in writing to withdraw an application may be made to the Tribunal instead of being made specifically to the Principal Registrar. This maintains consistency across similar provisions involving requirements for written notifications to the Tribunal. This amendment is technical in nature and ensures subsection 106MA(5) of the Higher Education Funding Act 1988 continues to operate in substantively the same way in relation to the Tribunal.

Item 29: Paragraph 106MA(6)(a)

Terminology change

297. This item amends terminology. See explanation of general terminology changes above.

Items 30 and 31: Subsection 106X(1) and paragraph 106X(2)(a)

Terminology changes

298. These items amend terminology. See explanation of general terminology changes above.

Items 32 and 33: Paragraph 106X(2)(b)

Updating legislative references

299. These items update legislative references to provisions of the AAT Act to instead refer to the equivalent provisions of the ART Bill. Section 28 of the AAT Act provides that, subject to exceptions, people whose interests are affected by the reviewable decision may seek a statement of reasons for the decision. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if it has already been given. These references have been updated to reflect the equivalent provisions in the ART Bill (clause 268 and subclause 269(7) respectively).

300. These amendments are technical in nature and ensure paragraph 106X(2)(b) of the Higher Education Funding Act 1988 continues to operate in substantively the same way in relation to the Tribunal.

Higher Education Support Act 2003

Items 34 and 35: Paragraph 179-20(b) and section 203-1

Terminology changes

301. These items amend terminology. See explanation of general terminology changes above.

Items 36 and 37: Section 209-5 (note) and section 209-10 (note)

Updating legislative references

302. These items update legislative references to provisions of the AAT Act to instead refer to the equivalent provisions of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. These matters are prescribed in clause 266 of the ART Bill. This amendment is technical in nature and ensures the notes to subsection 209-5(6) and section 209-10 of the Higher Education Support Act 2003 remains accurate.

Items 38, 39, 40, 41 and 42: Division 212 of Part 5-7 (heading), section 212-1 (heading), subsection 212-1(1), paragraph 75(b) of Schedule 1A and clause 90 of Schedule 1A

Terminology changes

303. These items amend terminology. See explanation of general terminology changes above.

Items 43 and 44: Clause 95 of Schedule 1A (note) and clause 96 of Schedule 1A (note)

Updating legislative references

304. These items update legislative references to provisions of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. These matters are prescribed in clause 266 of the ART Bill. These amendments are technical in nature and ensure the notes to clause 95 and clause 96 of Schedule 1A of the Higher Education Support Act 2003 remain accurate.

Items 45, 46 and 47: Subdivision 16-D of Schedule 1A (heading), clause 97 of Schedule 1A (heading) and clause 97 of Schedule 1A

Terminology changes

305. These items amend terminology. See explanation of general terminology changes above.

Tertiary Education Quality and Standards Agency Act 2011

Items 48, 49 and 50: Section 183 (notes 1 and 2), section 187 (heading) and section 187

Terminology changes

306. These items amend terminology. See explanation of general terminology changes above.

Items 51 and 52: Section 187C (note) and section 187D (note)

Updating legislative references

307. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. These matters are prescribed in clause 266 of the ART Bill. This amendment is technical in nature and ensures the notes to sections 187C and 187D of the Tertiary Education Quality and Standards Agency Act 2011 remain accurate.

Items 53 and 54: Subsection 187E (heading) and subsection 187E(1)

Terminology changes

308. These items amend terminology. See explanation of general terminology changes above.

SCHEDULE 6 - EMPLOYMENT AND WORKPLACE RELATIONS

OUTLINE

309. This Schedule contains consequential amendments to the following Acts in the Employment and Workplace Relations portfolio:

•

Australian Apprenticeship Support Loans Act 2014

•

Fair Entitlements Guarantee Act 2012

•

Safety, Rehabilitation and Compensation Act 1988

•

Seafarers Rehabilitation and Compensation Act 1992

•

VET Student Loans Act 2016

AMENDMENTS

General terminology changes

310. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that relevant provisions under those laws continue to operate in substantively the same way in the new Tribunal.

Australian Apprenticeship Support Loans Act 2014

Item 1: Section 76

Terminology change

311. This item amends terminology. See explanation of general terminology changes above.

Item 2: Section 80 (note)

Updating legislative reference

312. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill. This amendment is technical in nature and ensures the note to subsection 81(3) remains accurate.

Item 3: Paragraph 81(2)(b)

Terminology change

313. This item amends terminology. See explanation of general terminology changes above.

Item 4: Subsection 81(3) (note)

Updating legislative reference

314. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill. This amendment is technical in nature and ensures the note to subsection 81(3) remains accurate.

Item 5: Section 82

Repeal and substitute section

315. This item repeals and substitutes section 82. Section 82 requires a reviewer to notify the AAT if they make a decision under subsection 81(3) and the decision is the subject of an application for review to the AAT. As amended, subsection 82(2) would require the reviewer to notify the Tribunal in the same circumstances. In addition, the reviewer would be further required by new paragraph 82(2)(b) to notify the person who applied to the Tribunal for review of the decision. This harmonises section 82 with similar provisions in other Commonwealth Acts, for example, section 37 of the Fair Entitlements Guarantee Act 2012, and ensures that the applicant is appropriately notified of the altered decision.

Item 6: Subsection 85(1) (note)

Updating legislative reference

316. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill. This amendment is technical in nature and ensures the note to subsection 85(1) (note) remains accurate.

Items 7, 8, 9, 10, 11, 12 and 13: Division 3 of Part 4.2 (heading), section 86 (heading), section 86, section 87 (heading), subsections 87(1) and (2), section 88 (heading) and subsections 88(1) and (2)

Terminology changes

317. These items amend terminology. See explanation of general terminology changes above.

Fair Entitlements Guarantee Act 2012

Items 14 and 15: Subsection 37(2) and subsection 37(7) (heading)

Terminology changes

318. These items amend terminology. See explanation of general terminology changes above.

Item 16: Subsection 37(7)

Terminology changes

319. This item amends terminology so that the reference to the 'Registrar of the Administrative Appeals Tribunal' is substituted with the 'Administrative Review Tribunal'. This clarifies that if the Secretary varies or substitutes a new decision for the decision under review the Secretary must notify the Tribunal of the decision made on that review, rather than the Principal Registrar. This maintains consistency across similar provisions involving requirements for written notifications to the Tribunal. This amendment is technical in nature and ensures subsection 37(7) of the Fair Entitlements Guarantee Act 2012 continues to operate in substantively the same way in relation to the Tribunal.

Items 17, 18 and 19: Subdivision C of Division 2 of Part 6 (heading), section 40 (heading) and subsection 40(1)

Terminology changes

320. These items amend terminology. See explanation of general terminology changes above.

Item 20: Subsection 40(2)

Updating legislative references

321. This item updates a legislative reference to a provision in the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 27(1) of the AAT Act deals with who may apply to the Tribunal for review of a decision. This matter is dealt with in clause 17 of the ART Bill. This amendment is technical in nature, and ensures subsection 40(2) of the Fair Entitlements Guarantee Act 2012 continues to operate in substantively the same way in relation to the Tribunal.

Items 21 and 22: Subsection 40(3) and subsection 41(1)

Terminology changes

322. These items amend terminology. See explanation of general terminology changes above.

Item 23: Subsection 41(4)

Updating legislative references

323. This item updates a legislative reference to subsection 43(1) of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 54. Subsection 41(4) provides that section 41 has effect despite subsection 43(1) of the AAT Act. Consistent with section 43(1) of the AAT Act, clause 54 of the ART Bill allows the Tribunal to exercise all powers and discretions that are conferred on the decision-maker by an Act, or an instrument made under an Act, for the purpose of reviewing the decision.

324. Section 41 of the Fair Entitlements Guarantee Act 2012 provides that where the Tribunal makes a decision on the amount of advance a person may be eligible for, it cannot review or exercise the power of the Secretary under section 17 of the Act to reduce the amount of advance for a person's employment due to that person's debts to the employer. Subsection 41(4) clarifies that section 41 of the Fair Entitlements Guarantee Act 2012 applies despite subsection 43(1) of the AAT Act.

325. This amendment is technical in nature and ensures subsection 41(4) of the Fair Entitlements Guarantee Act 2012 continues to operate in substantively the same way in relation to the Tribunal.

Item 24: Subparagraph 50(2)(c)(iii)

Terminology changes

326. This item amends terminology. See explanation of general terminology changes above.

Safety, Rehabilitation and Compensation Act 1988

Items 25, 26, 27, 28, 29, 30, 31 and 32: Subsection 4(12), subsection 28(4), subsection 34R(1) and (2) (definition of decision ), subsection 60(1) (definition of decision ), paragraph 63(c), section 64 (heading) and subsection 64(1)

Terminology changes

327. These items amend terminology. See explanation of general terminology changes above.

Item 33: Subsection 64(3)

Updating legislative references

328. This item updates a legislative reference to the AAT Act with the equivalent provision of the ART Bill. Section 27 of the AAT Act provides that a person whose interests are affected by a reviewable decision may apply to the Tribunal for review of a decision. This matter is prescribed in clause 17 of the ART Bill.

329. This amendment is technical in nature and ensures that subsection 64(3) of the Safety, Rehabilitation and Compensation Act 1988 continues to operate in substantively the same way in relation to the Tribunal.

Items 34 and 35: Section 65 (heading) and subsection 65(1)

Terminology changes

330. These items amend terminology. See explanation of general terminology changes above.

Item 36: Subsection 65(3)

Updating legislative reference

331. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 18C of the AAT Act deals with where sittings of the AAT are to be held and provides for sittings to be held in such places in Australia or an external Territory as are convenient. This matter is prescribed in clause 57 of the ART Bill. Subsection 65(3) of the Safety, Rehabilitation and Compensation Act 1988 instead provides, in relation to reviewable decisions under that Act, for sittings to be held in such places, whether within or outside of Australia, as are convenient. This allows persons who are outside of Australia and covered by the Safety, Rehabilitation and Compensation Act 1988 the ability to have their matter heard in person if appropriate and ensures they have the same review rights as those based in Australia. This amendment is technical in nature and ensures that subsection 65(3) of the Safety, Rehabilitation and Compensation Act 1988 continues to operate in substantively the same way in relation to the Tribunal.

Item 37: Subsection 65(4)

Period for making applications

332. This item amends subsection 65(4) of the Safety, Rehabilitation and Compensation Act 1988 to ensure that, despite the general rule for when to apply for review under clause 18 of the ART Bill, an application for review of a decision must be made within 60 days after the person has been notified of the decision. This maintains the position under the existing law.

333. This amendment is technical in nature and ensures subsection 65(4) of the Safety, Rehabilitation and Compensation Act 1988 continues to operate in substantively the same way in relation to the Tribunal.

334. This item also inserts a note to subsection 65(4) signalling that a person may apply to the ART to extend the period of applying for a review, under clause 19 of the ART Bill.

Items 38, 39, 40, 41, 42 and 43: Section 66 (heading), paragraph 66(1)(a), subsections 66(2) and (3), section 67 (heading), paragraphs 67(3)(e) and (4)(e) and subsections 67(7), (8), (9), (10), (11) and (12)

Terminology changes

335. These items amend terminology. See explanation of general terminology changes above.

Item 44: Subsection 67(13)

Repealing provision no longer necessary

336. This item repeals subsection 67(13) which provides for the Tribunal to tax or settle the amount of costs or order costs to be taxed by the Registrar or an officer of the Tribunal, where a responsible authority has been ordered to pay costs incurred by a claimant and there is no agreement between the parties as to the amount of the costs. Repealing this subsection has the effect that clause 115 of the ART Bill will instead apply to decisions made under the Safety, Rehabilitation and Compensation Act 1988. The effect of clause 115 of the ART Bill is the same as subsection 67(13), so the provision is not needed.

Item 45: Subsection 67(14)

Updating legislative references

337. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 69A of the AAT Act sets out the procedure for taxing costs, where the Tribunal has made a costs order. This is dealt with in clause 115 of the ART Bill.

338. This amendment is technical in nature and ensures that subsection 67(14) of the Safety, Rehabilitation and Compensation Act 1988 continues to operate in substantively the same way in relation to the Tribunal

Seafarers Rehabilitation and Compensation Act 1992

Items 46, 47, 48, 49 and 50: Section 3 (definition of AAT ), subsection 42(4), section 74 and part 6 (heading)

Terminology changes

339. These items amend terminology. See explanation of general terminology changes above.

Items 51, 52 and 53: Subsection 76(1) (definitions of AAT Act and AAT extension application )

Updating definitions and legislative references

340. These items amend subsection 76(1) of the Seafarers Rehabilitation and Compensation Act 1992 to replace the definitions of 'AAT Act' and 'AAT extension application' with a definition of ART and ART extension application.

341. These items also update a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 29(7) of the AAT Act allows the Tribunal to extend the period for making an application to the Tribunal for review of a decision. This matter is prescribed in clause 19 of the ART Bill. This amendment is technical in nature and ensures that subsection 76(1) of the Seafarers Rehabilitation and Compensation Act 1992 continues to operate in substantively the same way in relation to the Tribunal.

Item 54: Subsection 76(1) (definition of decision )

Updating definition

342. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 55, 56, 57 and 58: Section 80, paragraph 87(c), section 88 (heading) and subsection 88(1)

Terminology changes

343. These items amend terminology. See explanation of general terminology changes above.

Item 59: Subsection 88(2)

Updating legislative reference

344. This item updates a legislative reference to a provision in the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27 of the AAT Act provides that a person whose interests are affected by a reviewable decision may apply to the Tribunal for review of the decision. This matter is prescribed in clause 17 of the ART Bill. This amendment is technical in nature, and ensures subsection 88(2) of the Seafarers Rehabilitation and Compensation Act 1992 continues to operate in substantively the same way in relation to the Tribunal.

Items 60, 61 and 62: Division 3 of Part 6 (heading), section 89 (heading) and subsection 89(1)

Terminology changes

345. These items amend terminology. See explanation of general terminology changes above.

Item 63: Subsection 89(2)

Updating legislative reference

346. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 18C of the AAT Act deals with where sittings of the AAT are to be held and provides for sittings to be held in such places in Australia or an external Territory as are convenient. This matter is prescribed in clause 57 of the ART Bill. Subsection 89(2) of the Seafarers Rehabilitation and Compensation Act 1992 instead provides, in relation to reviewable decisions under that Act, for sittings to be held in such places, whether within or outside of Australia, as are convenient. This allows persons who are outside of Australia and covered by the Seafarers Rehabilitation and Compensation Act 1992 the ability to have their matter heard in person if appropriate and ensures they have the same review rights as those based in Australia. This amendment is technical in nature and ensures subsection 89(2) of the Seafarers Rehabilitation and Compensation Act 1992 continues to operate in substantively the same way in relation to the Tribunal.

Item 64: Subsection 89(3)

Prescribed time for making applications

347. This item amends subsection 89(3) of the Seafarers Rehabilitation and Compensation Act 1992 to ensure that despite the general rule for when to apply for review under clause 18 of the ART Bill, an application for review of a decision must be made within 60 days after the person has been notified of the decision. This maintains the position under the existing law. This amendment is technical in nature and ensures subsection 89(3) of the Seafarers Rehabilitation and Compensation Act 1992 continues to operate in substantively the same way in relation to the Tribunal.

348. This item also inserts a note to subsection 65(4) signalling that a person may apply to the ART to extend the period of applying for a review, under clause 19 of the ART Bill.

Item 65: Subsection 89(4)

Terminology changes and updating legislative references

349. This item updates legislative references, replacing references to section 43, subsection 28(1) and paragraph 30(1)(b) of the AAT Act with references to the equivalent provisions of the ART Bill, clause 105, paragraph 22(1)(b) and subclause 268(1) respectively.

350. Subsection 89(4) ensures that where a Fund has become the employer of an employee due to a default event under the Seafarers Rehabilitation and Compensation Act 1992, the Fund is taken to be the decision-maker in relation to the decision under review at the Tribunal. It also ensures Tribunal proceedings are adjourned or postponed for a period of at least 28 days beginning on the day the Tribunal is made aware of the default event. This amendment is technical in nature and ensures that subsection 89(4) of the Seafarers Rehabilitation and Compensation Act 1992 continues to operate in substantively the same way in relation to the Tribunal.

351. This item also amends terminology. See explanation of general terminology changes above.

Items 66, 67, 68, 69, 70, 71, 72, 73 and 74: Section 90 (heading), subsections 90(1), (2), (2A) and (3), section 91 (heading), paragraphs 91(3)(e) and (4)(e), subsection 91(6), section 92 (heading) and subsections 92(1), (2), (3), (4) and (5)

Terminology changes

352. These items amend terminology. See explanation of general terminology changes above.

Item 75: Subsections 92(6) and (7)

Repealing provisions no longer necessary

353. This item repeals subsection 92(6) which provides for the Tribunal to tax or settle the amount of costs or order costs to be taxed by the Registrar or an officer of the Tribunal, where a responsible authority has been ordered to pay costs incurred by a claimant and there is no agreement between the parties as to the amount of the costs.

354. The item also repeals subsection 92(7) which has the effect that an employer who is ordered by the AAT to pay costs incurred is taken to be a party to the proceedings in which the order is made.

355. Repealing these subsections has the effect that clause 115 and paragraph 22(1)(b) of the ART Bill respectively will instead apply to decisions made under the Seafarers Rehabilitation and Compensation Act 1992. Clause 115 and paragraph 22(1)(b) of the ART Bill have the same effect as subsections 92(6) and 92(7) of the Seafarers Rehabilitation and Compensation Act 1992 and so the provisions are not needed.

Item 76: Paragraph 130(4)(b)

Terminology change

356. This item amends terminology. See explanation of general terminology changes above.

VET Student Loans Act 2016

Items 77, 78 and 79: Paragraph 77(2)(c), section 80 (heading), subsection 80(1) and subsection 80(2)

Terminology change

357. These items amend terminology. See explanation of general terminology changes above.

SCHEDULE 7 - FINANCE

OUTLINE

358. This Schedule contains consequential amendments to the following Acts in the Finance portfolio:

•

Commonwealth Electoral Act 1918

•

Judges' Pension Act 1968

•

Lands Acquisition Act 1989

•

Parliamentary Contributory Superannuation Act 1948

AMENDMENTS

General terminology changes

359. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions continue to operate in substantively the same way in the new Tribunal.

Commonwealth Electoral Act 1918

Items 1, 2, 3, and 4: Paragraph 104(9)(a), subsection 120(5) (note), section 121 (heading) and subsection 121(1)

Terminology changes

360. These items amend terminology. See explanation of general terminology changes above.

Item 5: Subsection 121(2)

Updating definition

361. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Item 6: Section 127

Terminology change

362. This item amends terminology. See explanation of general terminology changes above

Item 7: Subsection 141(1) (definition of decision )

Updating definition

363. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 8, 9, 10, 11, 12 and 13: Subsection 141(5), subsection 141(6), paragraph 141(8)(b), subsection 141(9), section 202AK (heading) and section 202AK

Terminology changes

364. These items amend terminology. See explanation of general terminology changes above.

Judges' Pension Act 1968

Item 14: Section 4 (subparagraph (b)(ii) of the definition of period of exempt service )

Updating definition

365. This item updates the definition of period of exempt service in section 4 of the Judges' Pension Act 1968. This item is consequential to the abolition of the AAT, updating the reference from persons who are presidential members of the AAT, to persons who were presidential members of the former AAT.

Item 15: Section 17A

Terminology change

366. This item amends terminology. See explanation of general terminology changes above.

Item 16: Paragraph 20(2)(b)

Repeal and update provision

367. This item is consequential to the abolition of the AAT, and makes technical amendments to ensure paragraph 20(2)(b) of the Judges' Pension Act 1968 continues to operate in substantively the same way in relation to the Tribunal.

368. Under subsection 20(2) of the Judges' Pension Act 1968, the Secretary of the Department, in the capacity of trustee of the Scheme for the purposes of the Superannuation Contributions Tax (Assessment and Collection) Act 1997, can delegate any or all of their functions and powers in relation to the presidential members of the AAT to any officer of the AAT or any member of the staff of the AAT. This item updates the provision so these functions and powers can be delegated to the Chief Executive Officer and Principal Registrar, or any staff member (within the meaning of clause 4 of the ART Bill), of the new Tribunal.

369. This item also repeals the reference to 'officer of the Tribunal', which referred to a defined term in the AAT Act. This term does not exist in the ART Bill so the reference is no longer necessary.

Lands Acquisition Act 1989

Items 17, 18, and 19: Section 6 (definition of Tribunal ), paragraph 22(6)(b) and subsection 28(1)

Terminology changes

370. These items amend terminology. See explanation of general terminology changes above.

Item 20: Subsections 28(3) to (5)

Repealing provisions no longer necessary

371. This item repeals subsections 28(3), (4) and (5) of the Lands Acquisition Act 1989. These subsections provide the manner and timeframe for making an application for review of a decision to confirm, vary or revoke a pre-acquisition declaration.

372. Clause 18 of the ART Bill provides that the rules may provide the time limit for an application to the Tribunal, but that this cannot be less than 28 days after the day the decision is made. Clause 34 of the ART Bill provides that the manner of applying and the required content of the application will be set out in practice directions.

373. Repealing these subsections has the effect that the time limit for applying for review prescribed under clause 18 and the manner of applying for review under clause 34 of the ART Bill would instead apply to decisions made under section 27 of the Lands Acquisition Act 1989. Repealing the subsections maintains consistency and harmonises timeframes for applying for review of a decision.

Extension of time to apply

374. Subsection 28(5) of the Lands Acquisition Act 1989 provides that the Tribunal can only agree to an extension of the period of time in subsection 28(4) before the end of that period. This is because the government requires certainty as to when land that is the subject of a pre-acquisition determination can be acquired. This item repeals subsection 28(5) and replaces it with a new subsection 28(3). New subsection 28(3) provides that, despite subclauses 19(2) and 19(3) of the ART Bill, the Tribunal must not extend the period of time within which a person may apply for review of a decision to confirm, vary or revoke a pre-acquisition declaration after the period expires. This amendment is technical in nature and ensures that extensions of time for these kinds of decisions continue to operate in substantively the same way in the Tribunal.

Items 21, 22 and 23: Section 29 (heading) and subsection 29(1)

Terminology changes

375. These items amend terminology. See explanation of general terminology changes above.

Item 24: Subsection 29(2)

Updating legislative references

376. This item is consequential to items 22 and 23 above and updates the legislative references from provisions of the AAT Act to instead refer to the equivalent provisions of the ART Bill. Subsection 29(2) currently provides that sections 27, 29, 41 and subsection 43(1) of the AAT Act do not apply in relation to an application to the AAT for review of a pre-acquisition declaration.

377. Section 27 of the AAT Act specifies who may apply to the Tribunal for review and section 29 prescribes the manner for applying to the Tribunal for review. Subsection 29(2) of the Lands Acquisition Act 1989 excludes these sections for pre-acquisition declaration decisions because such matters are dealt with, respectively, by subsection 22(10) and section 26 of the Lands Acquisition Act 1989. Reference to sections 27 and 29 of the AAT Act are replaced by a reference to clause 17 of the ART Bill.

378. Reference to section 41 of the AAT Act, which provides for the operation and implementation of a decision that is subject to a review, is replaced by a reference to clause 32 of the ART Bill.

379. Reference to section 43(1) of the AAT Act which provides that, for the purposes of reviewing a decision, the Tribunal may exercise all the powers and discretions that are conferred by any relevant enactment on the person who made the decision and shall make a decision in writing, is replaced by a reference to clauses 54 and 105 of the ART Bill.

380. Clause 105 of the ART Bill prescribes that the Tribunal must affirm, vary, set aside and substitute or set aside and remit reviewable decisions. This amendment ensures the Tribunal shall, when reviewing a pre-acquisition declaration, make a recommendation to the Minister that a declaration be confirmed, revoked or varied. This amendment is technical in nature and ensures subsection 29(2) of the Lands Acquisition Act 1989 continues to operate in substantively the same way in relation to the Tribunal.

Items 25 and 26: Subsection 30(1) and subsection 31(1)

Terminology changes

381. These items amend terminology. See explanation of general terminology changes above.

Item 27: Paragraph 31(1)(g)

Updating legislative references

382. Item 27 updates references to the AAT Act in paragraph 31(1)(g) of the Lands Acquisition Act 1989. This paragraph requires matters contained in a statement of reasons given to the applicant or Tribunal under the AAT Act to be considered by the Tribunal in a review. This item updates the references to various provisions relating to statements of reasons in the AAT Act to the equivalent provisions in the ART Bill.

383. These amendments are technical in nature and ensure paragraph 31(1)(g) of the Lands Acquisition Act 1989 continues to operate in substantively the same way in relation to the Tribunal.

Items 28, 29, 30, 31, 32, 33, and 34: Section 33 (heading), subsection 33(1), paragraphs 43(4)(a) and (5)(a), subsection 47(6), section 71(heading), subsection 71(1) and subsection 71(2)

Terminology changes

384. These items amend terminology. See explanation of general terminology changes above.

Item 35: Subsection 71(3)

Updating legislative reference

385. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 29 of the AAT Act prescribes the manner of applying for review to the Tribunal, including the time in which an application for review must be made. This matter is prescribed in clause 18 of the ART Bill. Subsection 71(3) of the Lands Acquisition Act 1989 provides that the timeframe requirements in clause 18 of the ART Bill do not apply.

386. Section 29 of the AAT Act is excluded to allow for a longer lodgement timeframe for applications for review of decisions about claims for compensation made under the Lands Acquisition Act 1989. The longer timeframe accommodates the complexity of compensation claims made under that Act. The amendment retains the lengthened timeframe and substitutes '3 months' with '90 days' for clarity and harmonisation of lodgement timeframes across different portfolios.

387. This amendment is technical in nature and ensures subsection 71(3) of the Lands Acquisition Act 1989 continues to operate in substantively the same way in relation to the Tribunal.

Item 36: Paragraphs 72(1)(b) and 74(1)(a)

Terminology changes

388. This item amends terminology. See explanation of general terminology changes above.

Item 37: Paragraph 74(1)(a)

389. This item updates terminology and timeframes for consistency with those referred to in the proposed amendment to subsection 71(3) of the Lands Acquisition Act 1989 by item 35.

Items 38, 39 and 40: Section 81 (heading), subsection 81(1) and subsection 81(2)

Terminology changes

390. These items amend terminology. See explanation of general terminology changes above.

Item 41: Subsection 81(3)

Updating legislative reference

391. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 29 of the AAT Act prescribes the manner of applying for review to the Tribunal, including the time in which an application for review must be made. This matter is prescribed in clause 18 of the ART Bill. Subsection 81(3) of the Lands Acquisition Act 1989 provides that the timeframe requirements in clause 18 of the ART Bill do not apply.

392. Section 29 of the AAT Act is excluded to allow for a longer lodgement timeframe for applications for review of decisions about a final offer of compensation made under the Lands Acquisition Act 1989. The longer timeframe accommodates the complexity of compensation claims made under that Act, which retains the lengthened timeframe and substitutes '3 months' with '90 days' for clarity and harmonisation of lodgement timeframes across different portfolios.

393. This amendment is technical in nature and ensures subsection 81(3) of the Lands Acquisition Act 1989 continues to operate in substantively the same way in relation to the Tribunal.

Items 42, 43, 44 and 45: Paragraph 87(2)(c), section 99 (heading), subsection 99(1) and subsection 99(2)

Terminology changes

394. These items amend terminology. See explanation of general terminology changes above.

Item 46: Subsection 99(3)

Updating legislative reference

395. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 29 of the AAT Act prescribes the manner of applying for review to the Tribunal, including the time in which an application for review must be made. This matter is prescribed in clause 18 of the ART Bill. Subsection 99(3) of the Lands Acquisition Act 1989 provides that the timeframe requirements in clause 18 of the ART Bill do not apply.

396. Section 29 of the AAT Act is excluded to allow for a longer lodgement timeframe for applications for review of decisions about claims for compensation made under the Lands Acquisition Act 1989. The longer timeframe accommodates the complexity of compensation claims made under that Act, which retains the lengthened timeframe and substitutes '3 months' with '90 days' for clarity and harmonisation of lodgement timeframes across different portfolios.

397. This amendment is technical in nature and ensures subsection 99(3) of the Lands Acquisition Act 1989 continues to operate in substantively the same way in relation to the Tribunal.

Items 47, 48, 49 and 50: Paragraph 100(1)(b), section 107 (heading), subsection 107(1), and subsection 107(2)

Terminology changes

398. These items amend terminology. See explanation of general terminology changes above.

Item 51: Subsection 107(3)

Updating legislative reference

399. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 29 of the AAT Act prescribes the manner of applying for review to the Tribunal, including the time in which an application for review must be made. This matter is prescribed in clause 18 of the ART Bill. Subsection 107(3) of the Lands Acquisition Act 1989 provides that the timeframe requirements in clause 18 of the ART Bill do not apply.

400. Section 29 of the AAT Act is excluded to allow for a longer lodgement timeframe for applications for review of decisions about a final offer of compensation made under the Lands Acquisition Act 1989. The longer timeframe accommodates the complexity of compensation claims made under that Act, which retains the lengthened timeframe and substitutes '3 months' with '90 days' for clarity and harmonisation of lodgement timeframes across different portfolios.

401. This amendment is technical in nature and ensures subsection 107(3) of the Lands Acquisition Act 1989 continues to operate in substantively the same way in relation to the Tribunal.

Items 52, 53, 54, 55 and 56: Subsection 121(5), subsection 121(6), subsections 121(7) and 129(2), section 131 (heading), and subsection 131(1)

Terminology changes

402. These items amend terminology. See explanation of general terminology changes above.

Items 57 and 58: Subsection 131(1) and subsection 131(2)

Updating legislative references

403. Item 57 updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 30(1A) of the AAT Act provides that following application for review of a decision to the Tribunal, any persons whose interests are affected by the decision may apply to be a party to the proceedings. This matter is prescribed in paragraph 22(1)(c) of the ART Bill.

404. Item 58 updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Paragraph 42B(1)(a) of the AAT Act provides that the Tribunal may dismiss an application for review of a decision, at any stage of the proceedings, if the Tribunal is satisfied that the application is frivolous, vexatious, misconceived or lacking in substance. This matter is prescribed in paragraph 101(1)(a) of the ART Bill.

405. These amendments are technical in nature and ensure subsections 131(1) and 131(2) of the Lands Acquisition Act 1989 continue to operate in substantively the same way in relation to the Tribunal.

Item 59: Paragraph 139(2)(d)

Terminology change

406. This item amends terminology. See explanation of general terminology changes above

Parliamentary Contributory Superannuation Act 1948

Item 60: Subsection 25(1) (definition of decision )

Updating definition

407. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Item 61: Subsection 25(6)

Terminology change

408. This item amends terminology. See explanation of general terminology changes above.

SCHEDULE 8 - FOREIGN AFFAIRS AND TRADE

OUTLINE

409. This Schedule contains consequential amendments to the following Acts in the Foreign Affairs and Trade portfolio:

•

Australian Passports Act 2005

•

Foreign Passports (Law Enforcement and Security) Act 2005

•

Nuclear Non-Proliferation (Safeguards) Act 1987

AMENDMENTS

General terminology changes

410. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions continue to operate in substantively the same way in the new Tribunal.

Australian Passports Act 2005

Item 1: Section 48 (note)

Updating legislative references

411. This item updates legislative references to provisions of the AAT Act to instead refer to the equivalent provisions of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill.

412. Section 27B of the AAT Act provides that someone notifying an affected person under section 27A must have regard to any Code of Practice determined by the Attorney-General for that purpose. Clause 267 of the ART Bill provides that someone notifying an affected person must have regard to any rules prescribed for that purpose (rather than a 'Code of Practice').

413. These amendments are technical in nature and ensure the note to section 48 of the Australian Passports Act 2005 remains accurate.

Item 2: Subsection 48A(7) (heading)

Terminology change

414. This item amends terminology. See explanation of general terminology changes above.

Items 3 and 4: Subsection 48A(7) and subsection 48A(7) (note)

Updating legislative reference

415. These items update legislative references to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill. These amendments are technical in nature and ensure subsection 48A(7) and the note to subsection 48A(7) of the Australian Passports Act 2005 remain accurate.

Item 5: Subsection 49(4) (note)

Updating legislative references

416. This item updates legislative references to provisions of the AAT Act to instead refer to the equivalent provisions of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill.

417. Section 27B of the AAT Act provides that someone notifying an affected person under section 27A must have regard to any Code of Practice determined by the Attorney-General for that purpose. Clause 267 of the ART Bill provides that someone notifying an affected person must have regard to any rules prescribed for that purpose (rather than a 'Code of Practice').

418. These amendments are technical in nature and ensure the note to subsection 49(4) of the Australian Passports Act 2005 remains accurate.

Items 6 and 7: Section 50 (heading) and subsection 50(1)

Terminology changes

419. These items amend terminology. See explanation of general terminology changes above.

Item 8: Subsection 50(3)

Updating legislative reference

420. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 43 of the AAT Act prescribes the types of decisions the Tribunal may make when reviewing a decision (for example to affirm the decision, vary it, set it aside and substitute a new decision, or remit the decision). This matter is prescribed in clause 105 of the ART Bill. This amendment is technical in nature and ensures subsection 50(3) of the Australian Passports Act 2005 continues to operate in substantively the same way in relation to the Tribunal.

Item 9: Subsection 50(3)

Terminology change

421. This item amends terminology. See explanation of general terminology changes above.

Item 10: Paragraph 50(3)(b)

Terminology change

422. This item amends terminology to reflect the drafting of the ART Bill. Paragraph 50(3)(b) refers to the Tribunal making a 'direction' when remitting a matter for reconsideration by the Minister. Under paragraph 163(2)(b) of the ART Bill, the Tribunal makes 'orders' when remitting the matter (rather than 'directions'). This amendment is technical in nature and ensures paragraph 50(3)(b) of the Australian Passports Act 2005 continues to operate in substantively the same way in relation to the Tribunal.

Foreign Passports (Law Enforcement and Security) Act 2005

Items 11 and 12: Subsection 16(7) and subsection 23(1)

Terminology changes

423. These items amend terminology. See explanation of general terminology changes above.

Item 13: Subsection 23(2)

Updating legislative reference

424. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27 of the AAT Act provides that a person whose interests are affected by a reviewable decision may apply to the Tribunal for review of the decision. This matter is prescribed in clause 17 of the ART Bill. This amendment is technical in nature and ensures subsection 23(2) of the Foreign Passports (Law Enforcement and Security) Act 2005 continues to operate in substantively the same way in relation to the Tribunal.

Item 14: Subsection 23(4)

Updating legislative reference

425. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 43 of the AAT Act prescribes the types of decisions the Tribunal may make when reviewing a decision (for example to affirm the decision, vary it, set it aside and substitute a new decision, or remit the decision). This matter is prescribed in clause 105 of the ART Bill. This amendment is technical in nature and ensures subsection 23(4) of the Foreign Passports (Law Enforcement and Security) Act 2005 continues to operate in substantively the same way in relation to the Tribunal.

Item 15: Subsection 23(4)

Terminology changes

426. This item amends terminology. See explanation of general terminology changes above.

Item 16: Paragraph 23(4)(b)

Terminology change

427. This item amends terminology to reflect the drafting of the ART Bill. Paragraph 23(4)(b) refers to the Tribunal making a 'direction' when remitting a matter for reconsideration by the Minister. Under paragraph 163(2)(b) of the ART Bill, the Tribunal makes 'orders' when remitting the matter (rather than 'directions'). This amendment is technical in nature and ensures paragraph 23(4)(b) of the Foreign Passports (Law Enforcement and Security) Act 2005 continues to operate in substantively the same way in relation to the Tribunal.

Nuclear Non-Proliferation (Safeguards) Act 1987

Items 17, 18, 19, 20, 21, 22, 23, 24, 25, 26 and 27: Subsection 13(8), subsection 16(7), subsection 18(5), subsections 22(2), (4) and (5), subsection 22(10), and subsection 73(7)

Terminology changes

428. These items amend terminology. See explanation of general terminology changes above.

SCHEDULE 9 - HEALTH AND AGED CARE

OUTLINE

429. This Schedule contains consequential amendments to the following Acts in the Health and Aged Care portfolio:

•

Aged Care Quality and Safety Commission Act 2018

•

Biosecurity Act 2015

•

Food Standards Australia New Zealand Act 1991

•

Health and Other Services (Compensation) Act 1995

•

Health Insurance Act 1973

•

Industrial Chemicals Act 2019

•

Narcotic Drugs Act 1967

•

National Health Act 1953

•

Therapeutic Goods Act 1989

AMENDMENTS

General terminology changes

430. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions continue to operate in substantively the same way in the new Tribunal.

Aged Care Quality and Safety Commission Act 2018

Item 1: Paragraph 74GI(1)(g)

Terminology changes

431. Section 74GI of the Aged Care Quality and Safety Commission Act 2018 prescribes that the Commissioner must establish and maintain a register, in any form that the Commissioner considers appropriate, that includes the information prescribed in subsection 74GI(1), in relation to each individual against whom a banning order has been made at any time. Paragraph 74GI(1)(g) stipulates that if an application has been made to the Tribunal for review of a reconsideration decision that relates to a decision to either make a banning order or not revoke a banning order, and that application has not been "finally determined", the Commissioner must include a statement to that effect in the register. Clause 107 of the ART Bill provides when an application is taken to have been "finally determined".

432. This item replicates that provision, with amendments to terminology. See explanation of general terminology changes above.

Items 2 and 3: Subsection 74L(3) (note) and subsection 74M(4) (note)

Terminology changes and updating legislative references

433. These items update legislative references, replacing references to section 27A of the AAT Act in the notes to subsections 74L(3) and 74M(4) of the Aged Care Quality and Safety Commission Act 2018 with references to the equivalent provision in the ART Bill, clause 266.

434. Consistent with section 27A of the AAT Act, clause 266 of the ART Bill requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. These amendments are technical in nature, and ensure the notes to subsections 74L(3) and 74M(4) remain accurate.

435. These items also amend terminology. See explanation of general terminology changes above.

Items 4 and 5: Section 74N (heading) and section 74N

Terminology changes

436. These items amend terminology. See explanation of general terminology changes above.

Biosecurity Act 2015

Items 6, 7, 8, 9, 10, 11 and 12: Subparagraph 61(1)(i)(iii), subsection 72(5) (note 2), paragraph 73(e), subdivision D of Division 2 of Part 3 of Chapter 2 (heading), section 75 (heading), paragraph 75(1)(a) and subsection 76(1)

Terminology changes

437. These items amend terminology. See explanation of general terminology changes above.

Item 13: Subsection 76(2)

Updating legislative references

438. This item updates a legislative reference to paragraph 29(1)(d) of the AAT Act in subsection 76(2) of the Biosecurity Act 2015 with a reference to the equivalent provision in the ART Bill, subclause 18(1). This amendment is technical in nature, and ensures subsection 76(2) continues to operate in substantively the same way in relation to the Tribunal.

439. Subclauses 18(1) and (2) of the ART Bill provide that the timeframe for applying to the Tribunal for review will be set in the rules, subject to the ability to apply for an extension of time. Subclause 18(3) provides that rules made under subclause (1) cannot prescribe a timeframe for applying that is less than 28 days from the date of the decision. Subclause 18(4) provides that rules made under subclause (1) may provide different periods for different types of application.

440. The note to subclause 18(1) provides that the legislation under which a reviewable decision is made may specify a different period for applying for review of that type of decision.

441. A key objective of the ART Bill is to enable procedural efficiencies and process improvements by harmonising processes and procedures across the Tribunal's caseload wherever possible. However, some amendments in this schedule retain special provisions that are fundamental to the operation of Tribunal review for health and aged care matters.

442. To ensure the appropriate management of biosecurity risks, subsection 76(2) of the Biosecurity Act 2015 provides that an application for review of a decision of the Director of Human Biosecurity directing an individual to comply with an isolation or traveller movement measure must be made to the Tribunal within 7 business days after the day the decision is made. This ensures the continued ability of the Commonwealth to balance the protection of public health and the management of the risk of contagion posed by an individual with their right to procedural fairness, noting that these decisions relate to matters that are time-critical.

Items 14, 15 and 16: Paragraph 76(3)(b), paragraph 76(4)(b) and subsection 76(5)

Terminology changes

443. These items amend terminology. See explanation of general terminology changes above.

Item 17: Subsection 77(1)

Updating legislative references

444. This item updates legislative references, replacing references to section 28 and subsections 37(1) to (1D) of the AAT Act in subsection 77(1) of the Biosecurity Act 2015 to instead refer to the equivalent provisions in the ART Bill, clauses 268 and 23. These amendments are technical in nature and ensure subsection 77(1) of the Biosecurity Act 2015 continues to operate in substantively the same way in relation to the Tribunal.

445. Subsection 77(1) specifies that the provisions in the ART Bill relating to obtaining reasons for a decision do not apply in respect of a direction by the Director of Human Biosecurity to comply with an isolation or traveller movement measure. The notice requirements in sections 72 and 77 of the Biosecurity Act 2015 are more onerous on decision-makers and more favourable to the subject of the biosecurity measure or control order decision than those under the ART Bill, appropriately reflecting the impact of these powers and the need for review mechanisms to ensure they are exercised responsibly.

446. Section 77 of the Biosecurity Act 2015 places an obligation on the Director of Human Biosecurity to provide both the Tribunal and the individual with reasons for the decision and every other document that is in the Director's possession or under their control, and is relevant to the review of the decision by the Tribunal. These requirements override the more general provisions of the ART Bill mentioned in the amended subsection.

Item 18: Subsection 77(2)

Updating legislative references

447. This item replaces a legislative reference to subsection 29AC(1) of the AAT Act in subsection 77(2) of the Biosecurity Act 2015 to instead refer to the equivalent provision in the ART Bill, clause 21.

448. Consistent with subsection 29AC(1) of the AAT Act, clause 21 of the ART Bill requires the Tribunal to notify certain people when an application for review of a decision is made. This amendment is technical in nature and ensures subsection 77(2) of the Biosecurity Act 2015 continues to operate in substantively the same way in relation to the Tribunal.

Items 19 and 20: Subsections 77(2), (3) and (4) and subsections 78(1), (2), (3) and (4)

Terminology changes

449. These items amend terminology. See explanation of general terminology changes above.

Item 21: Subsection 78(4)

Updating legislative references

450. This item replaces a legislative reference to section 43 of the AAT Act in subsection 78(4) of the Biosecurity Act 2015 to instead refer to the equivalent provision in the ART Bill, clause 105.

451. Consistent with section 43 of the AAT Act, clause 105 of the ART Bill stipulates the type of actions the Tribunal can take with respect to a reviewable decision, including affirming the decision (which means to confirm the decision was the correct or preferable decision). This amendment is technical in nature, and ensures subsection 78(4) continues to operate in substantively the same way in relation to the Tribunal.

Items 22 and 23: Subsection 78(5) and section 79 (heading)

Terminology changes

452. These items amend terminology. See explanation of general terminology changes above.

Item 24: Section 79

Terminology changes and updating legislative references

453. This item replaces a legislative reference to subsections 41(2), (3), (4), (5) and (6) of the AAT Act in section 79 of the Biosecurity Act 2015 to instead refer to the equivalent provisions in the ART Bill, subclauses 32(2), (3), (4), (5), (6), (7), (8) and (9).

454. Section 79 prevents the Tribunal from making an order to stay a decision, despite the exceptions in clause 32 of the ART Bill. This prevents an individual from being released from isolation or travelling on an international passenger airline or vessel, while they pose a risk of contagion to the community. This amendment is technical in nature, and ensures section 79 continues to operate in substantively the same way in relation to the Tribunal.

455. This item also amends terminology. See explanation of general terminology changes above.

Items 25, 26, 27, 28, 29, 30 and 31: Section 469, section 573, paragraph 576(6)(c), subsection 576(7), section 578 (heading), subsection 578(1) and subsection 578(1) (note 1)

Terminology changes

456. These items amend terminology. See explanation of general terminology changes above.

Item 32: Subsection 578(3)

Updating legislative references

457. This item replaces a legislative reference to subsection 27(1) of the AAT Act in subsection 578(3) of the Biosecurity Act 2015 to instead refer to the equivalent provision in the ART Bill, clause 17.

458. Consistent with subsection 27(1) of the AAT Act, clause 17 of the ART Bill stipulates that a person whose interests are affected by a reviewable decision may apply to the Tribunal for review of the decision. Subsection 578(3) of the Biosecurity Act 2015 stipulates that, contrary to clause 17, an application for review of a reviewable decision outlined in section 578 can only be made by the 'relevant person' (as defined in section 574 of the Biosecurity Act 2015).

459. This amendment is technical in nature and ensures subsection 78(4) continues to operate in substantively the same way in relation to the Tribunal.

Food Standards Australia New Zealand Act 1991

Items 33 and 34: Subsection 109(8) and after subsection 109(8)

Terminology changes and interaction with the guidance and appeals panel

460. Subsection 109(8) of the Food Standards Australia New Zealand Act 1991 allows the Authority to pause the consideration of an application for standards or variations while an application is being considered by the Tribunal. Subsection 109(8) prescribes that this pause in the consideration period is the period beginning on the day on which the application for review is made to the Tribunal and ending on the day on which it is finalised.

461. This item replicates that provision, with amendments to terminology. See explanation of general terminology changes above. As well as, amendments required as a consequence of establishing the Tribunal's guidance and appeals panel.

462. Part 5 of the ART Bill establishes a guidance and appeals panel within the Tribunal. The guidance and appeals panel will have the power to review and determine Tribunal decisions referred to it by the President that may contain a material error of fact or law, or that raise an issue of significance to administrative decision-making. A party may apply to the President under clause 123 of the ART Bill to refer a decision of the Tribunal made under clause 105 to the guidance and appeals panel. If the President refers the decision to the guidance and appeals panel, it will conduct a full merits review of the decision de novo.

463. Item 34 inserts new subsection 109(8A) which provides for a pause in the consideration period if a party applies to have decision referred to the guidance and appeals panel. This pause includes the period beginning on the day on which the application is made to have the decision referred, and ending on the day on which the President either refers the decision or refuses the application.

464. Of relevance to the operation of subsection 109(8) of the Foods Standards Australia New Zealand Act 1991, subclause 130(2) of the ART Bill provides that a person who applied to refer the Tribunal decision to the guidance and appeals panel is taken to have applied to the Tribunal for review of either the original decision, or the original decision as varied or substituted by the Tribunal as the case may be. Accordingly, if the President refers the decision to the guidance and appeals panel under clause 128 of the ART Bill, this would be taken to be a new application to the Tribunal for the purposes of subsection 109(8) of the Food Standards Australia New Zealand Act 1991 and the consideration period would be paused for the period beginning on the day on which the application for review is taken to be made and ending on the day on which it is finalised by the guidance and appeals panel.

Items 35, 36 and 37: Subsection 143(1), subsection 143(2) and paragraph 144(1)(c)

Terminology changes

465. These items amend terminology. See explanation of general terminology changes above.

466. Subsection 143(1) of the Food Standards Australia New Zealand Act 1991 (as amended) provides for applications to be made to the Tribunal for review of certain decisions made under the Act. The provision makes clear that applications for review are subject to the ART Bill. Applications for review of decisions listed in paragraph (1)(a), in relation to applications for development or review of a standard, may only be made by the person who applied for development or review. This is despite clause 17 of the ART Bill, which provides that a person whose interests are affected by a decision may apply to the Tribunal for review of that decision. Applications for review of other decisions listed in subsection 143(1) can be made by a person whose interests are affected.

Item 38: Paragraph 144(1)(d)

Updating legislative references

467. This item updates legislative references to subsection 28(4) and section 28 of the AAT Act in paragraph 144(d) of the Food Standards Australia New Zealand Act 1991 to instead refer to the equivalent provision in the ART Bill, clause 268.

468. Section 28 of the AAT Act provides that, subject to exceptions, people whose interests are affected by a reviewable decision may seek a statement of reasons for the decision. Paragraph 144(1)(d) of the Food Standards Australia New Zealand Act 1991 has been updated to refer to the equivalent provision in the ART Bill, clause 268. Consistent with section 28 of the AAT Act, under clause 268 ART Bill, a person whose interests are affected by a decision may make a written request to the decision-maker to give the person a statement of reasons for the decision.

469. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if such a statement has already been given. Under the equivalent provision in the ART Bill (subsection 269(7)), the decision-maker may refuse the request if the statement of reasons has already been provided for the decision. Although the provision amended by this item does not specifically refer to this equivalent provision as this is unnecessary, a person's right to request reasons is still subject to this qualification.

470. This amendment is technical in nature and ensures that paragraph 144(1)(d) of the Food Standards Australia and New Zealand Act 1991 continues to operate in substantively the same way in relation to the Tribunal.

Item 39: Paragraphs 152(1)(q) and (r)

Terminology changes

471. This item amends terminology. See explanation of general terminology changes above.

Health and Other Services (Compensation) Act 1995

Item 40: Subsection 18(10)

Terminology changes

472. This item amends terminology. See explanation of general terminology changes above.

Item 41: Subsection 18(10) (note)

Updating legislative references

473. This item updates legislative references, replacing references to sections 27A and 27B of the AAT Act in the note to subsection 18(10) of the Health and Other Services (Compensation) Act 1995 to instead refer to the equivalent provisions in the ART Bill, clauses 266 and 267.

474. Consistent with section 27A of the AAT Act, clause 266 of the ART Bill requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed.

475. Section 27B of the AAT Act allows the Attorney-General to make a legislative instrument determining a Code of Practice for facilitating notices of decisions and review rights. Clause 267 of the ART Bill requires instead that, in giving notice of a decision, the decision-maker must have regard to matters prescribed by rules. The rules will be used to set out best practice considerations for giving notice, including the content of those notices. It is anticipated that these rules will be based on the Code of Practice for Notification of Reviewable Decisions and Rights of Review made under subsection 27B(1) of the AAT Act.

476. These amendments are technical in nature and ensures the note to subsection 18(10) of the Health and Other Services (Compensation) Act 1995 remains accurate.

Items 42 and 43: Section 23D (heading) and subsection 23D(1)

Terminology changes

477. These items amend terminology. See explanation of general terminology changes above.

Item 44: Subsection 23D(1) (note)

Updating legislative references

478. This item updates legislative references, replacing references to sections 27A and 27B of the AAT Act in the note to subsection 23D(1) of the Health and Other Services (Compensation) Act 1995 to instead refer to the equivalent provisions in the ART Bill, clauses 266 and 267.

479. Consistent with section 27A of the AAT Act, clause 266 of the ART Bill requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed.

480. Section 27B of the AAT Act allows the Attorney-General to make a legislative instrument determining a Code of Practice for facilitating notices of decisions and review rights. Clause 267 of the ART Bill requires instead that, in giving notice of a decision, the decision-maker must have regard to matters prescribed by rules. The rules will be used to set out best practice considerations for giving notice, including the content of those notices. It is anticipated that these rules will be based on the Code of Practice for Notification of Reviewable Decisions and Rights of Review made under subsection 27B(1) of the AAT Act.

481. These amendments are technical in nature and ensure the note to subsection 23D(1) of the Health and Other Services (Compensation) Act 1995 remains accurate.

Item 45: Subsection 23D(2)

Updating legislative references

482. This item replaces a legislative reference to subsection 43(6) of the AAT Act in subsection 23D(2) of the Health and Other Services (Compensation) Act 1995 to instead refer to the equivalent provisions in the ART Bill, subclauses 108(4) and (5).

483. Subsection 23D(2) specifies that the day on which the AAT hands down its decision on an appeal under subsection 23D(1), is the date of effect for that decision. Normally, under subsection 43(6) of the AAT Act and the equivalent subclauses 108(4) and (5) of the ART Bill, such a decision would take effect from the date on which the original decision was made unless the Tribunal ordered otherwise.

484. Without this exception, it would be likely the time limits imposed by the Health and Other Services (Compensation) Act 1995 on the Chief Executive Medicare would have expired, and the Commonwealth would have to pay to the compensable person the whole of any advance payment.

485. This amendment is technical in nature, and ensures subsection 23D(2) of the Health and Other Services (Compensation) Act 1995 continues to operate in substantively the same way in relation to the Tribunal.

Health Insurance Act 1973

Items 46 and 47: Section 3AAB (heading) and section 3AAB

Terminology changes

486. These items amend terminology. See explanation of general terminology changes above.

Item 48: Subsection 19ABD(5) (note)

Updating legislative references

487. This item updates a legislative reference, replacing the reference to section 27A of the AAT Act in the note to subsection 19ABD(5) of the Health Insurance Act 1973 to instead refer to the equivalent provision in the ART Bill, clause 266.

488. Consistent with section 27A of the AAT Act, clause 266 of the ART Bill requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This amendment is technical in nature and ensures the note to subsection 19ABD(5) of the Health Insurance Act 1973 remains accurate.

Items 49 and 50: Subsection 19ABD(6) (heading), subsections 19ABD(6) and 19AC(6)

Terminology changes

489. These items amend terminology. See explanation of general terminology changes above.

Item 51: Subsection 19CA(1) (definition of decision )

Updating definition

490. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 52 and 53: Paragraph 19CA(5)(b) and subsection 19CA(8)

Terminology changes

491. These items amend terminology. See explanation of general terminology changes above.

Items 54, 55 and 56: Subsection 20AB(4) (note), subsection 20AC(4) (note) and subsection 20AD(4) (note)

Updating legislative references

492. These items update legislative references, replacing the reference to section 27A of the AAT Act in the notes to subsections 20AB(4), 20AC(4) and 20AD(4) of the Health Insurance Act 1973 to instead refer to the equivalent provision in the ART Bill, clause 266.

493. Consistent with section 27A of the AAT Act, clause 266 of the ART Bill requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. These amendments are technical in nature and ensure the notes to subsections 20AB(4), 20AC(4) and 20AD(4) of the Health Insurance Act 1973 remain accurate.

Item 57: Subsection 20AD(5)

Terminology changes

494. This item amends terminology. See explanation of general terminology changes above.

Item 58: Subsection 20AD(6) (definition of decision )

Updating definition

495. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 59, 60, 61, 62, 63, 64, 65 and 66: Subsections 21C(2), 21C(4), 22B(2) and 22B(4), paragraphs 23DC(10)(d), 23DC(11)(b), 23DF(11)(d) and 23DF(12)(b), subsections 23DL(9), 23DN(7), 23DO(4) and 23DO(5)

Terminology changes

496. These items amend terminology. See explanation of general terminology changes above.

Item 67: Subsection 23DO(6) (definition of decision )

Updating definition

497. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Item 68: Section 23DZD

Terminology changes

498. This item amends terminology. See explanation of general terminology changes above.

Item 69: Subsection 23DZE(1)

Terminology changes and updating legislative references

499. This item updates legislative references, replacing references to subsection 28(4) and section 28 of the AAT Act in subsection 23DZE(1) of the Health Insurance Act 1973 to instead refer to the equivalent provisions in the ART Bill, subclause 269(7) and clause 268 respectively.

500. Section 28 of the AAT Act provides that, subject to exceptions, people whose interests are affected by the reviewable decision may seek a statement of reasons for the decision. Subsection 23DZE(1) has been updated to refer to the equivalent provisions in the ART Bill, clause 268 and subclause 269(7).

501. These amendments are technical in nature and ensure that subsection 23DZE(1) continues to operate in substantively the same way in relation to the Tribunal, so that a decision-maker must notify relevant persons that they may request a statement of reasons under the ART Bill. In accordance with subsection 269(7) of the ART Bill, a decision-maker may refuse the request if the person has already been given a statement of reasons for the decision.

502. This item also amends terminology. See explanation of general terminology changes above.

Items 70, 71, 72, 73, 74, 75, 76, 77, 78, 79 and 80: Section 23DZZE (heading), subsection 23DZZE(1), section 23DZZZD (heading), subsections 23DZZZD(1) and 124Q(2), section 124R (heading), section 124R, subsections 124S(1), 124T(3), 124ZL(4) (note), paragraphs 124ZM(1)(c) and 124ZM(2)(b)

Terminology changes

503. These items amend terminology. See explanation of general terminology changes above.

Items 81 and 82: Subsection 124ZM(2)

Variation of original decision after application is made for ART review

504. Under section 124ZL of the Health Insurance Act 1973, an original decision can be varied or substituted for a new decision by the persons listed in subsection 124ZL(3), even if an application has been made to the Tribunal for review of that decision. If a decision that is the subject of an application to the Tribunal for review is varied or substituted, subsection 124ZM(2) stipulates that the Secretary of the Department must give written notice of this outcome to the Tribunal.

505. Item 81 makes a minor amendment to require the Secretary to provide this written notice to the Tribunal, rather than the Registrar of the Tribunal. Item 80 amends subsection 124ZM(2) to clarify that if an original decision that is before the Tribunal for review is varied or substituted, the application to the Tribunal is taken to be an application for review of the decision as so varied or substituted.

506. These items also amend terminology. See explanation of general terminology changes above.

Items 83, 84 and 85: Section 124ZN (heading), section 124ZN and subsection 129AAJ(7)

Terminology changes

507. These items amend terminology. See explanation of general terminology changes above.

Item 86: Subsection 129AAJ(9)

Updating legislative references

508. This item updates a legislative reference, replacing the reference to paragraph 29(1)(d) of the AAT Act in subsection 129AAJ(9) of the Health Insurance Act 1973 to instead refer to the equivalent provision in the ART Bill, subclause 18(1).

509. Subsection 129AAJ(9) provides that, despite paragraph 29(1)(d) of the AAT Act, an application to the AAT must be made within 28 days after the garnishee notice is given. This provision is intended to make it clear that where a garnishee notice is given in relation to a decision to claim an amount as a debt, the time period for seeking review of a reconsidered decision in the AAT commences from the date the garnishee notice was given, not the date the person received notice of a decision to claim an amount as a debt under subsection 129ACA(1).

510. Paragraph 29(1)(d) of the AAT Act deals with the prescribed time for making applications to the Tribunal. These matters are dealt with in clause 18 of the ART Bill.

511. This amendment is technical in nature and ensures that subsection 129AAJ of the Health Insurance Act 1973 continue to operate in substantively the same way in relation to the Tribunal.

Item 87: Subsection 129ACB(7)

Terminology changes

512. This item amends terminology. See explanation of general terminology changes above.

Item 88: Subsection 129ACB(9)

Updating legislative references

513. This item updates a legislative reference, replacing reference to paragraph 29(1)(d) of the AAT Act in subsection 129ACB(9) of the Health Insurance Act 1973 to instead refer to the equivalent provisions in the ART Bill, subclause 18(1).

514. Subsection 129ACB(9) provides that, despite paragraph 29(1)(d) of the AAT Act, that an application to the AAT must be made within 28 days after the garnishee notice is given. This provision is intended to make it clear that where a garnishee notice is given in relation to a decision to claim an amount as a debt, the time period for seeking review of a reconsidered decision in the AAT commences from the date the garnishee notice was given, not the date the person received notice of a decision to claim an amount as a debt under subsection 129ACA(1).

515. Paragraph 29(1)(d) of the AAT Act deals with the prescribed time for making applications to the Tribunal. These matters are dealt with in clause 18 of the ART Bill.

516. This amendment is technical in nature and ensures subsection 129ACB(9) of the Health Insurance Act 1973 continues to operate in substantively the same way in relation to the Tribunal.

Item 89: Subsection 129AEC(2)

Terminology changes

517. This item amends terminology. See explanation of general terminology changes above.

Item 90: Subsection 129AEC(4)

Updating legislative references

518. This item updates a legislative reference, replacing the reference to paragraph 29(1)(d) of the AAT Act in subsection 129AEC(4) of the Health Insurance Act 1973 to instead refer to the equivalent provision in the ART Bill, subclause 18(1).

519. Subsection 129AEC(4) provides that, despite paragraph 29(1)(d) of the AAT Act, an application to the AAT must be made within 28 days after the garnishee notice is given. This provision is intended to make it clear that where a garnishee notice is given in relation to the debt to which the administrative penalty relates, the time period for seeking review of a reconsidered decision in the AAT commences from the date the garnishee notice was given, not the date the person received notice of the assessment of the person's liability to pay an administrative penalty under 129AEC(1).

520. Paragraph 29(1)(d) of the AAT Act deals with the prescribed time for making applications to the Tribunal. These matters are dealt with in clause 18 of the ART Bill.

521. This amendment is technical in nature and ensures subsection 129AEC(4) of the Health Insurance Act 1973 continues to operate in substantively the same way in relation to the Tribunal.

Item 91: Subsection 129AEG(13)

Terminology changes

522. This item amends terminology. See explanation of general terminology changes above.

Industrial Chemicals Act 2019

Items 92, 93 and 94: Section 9 (definition of AAT ), section 9 and section 165

Terminology changes

523. These items amend terminology. See explanation of general terminology changes above.

Item 95: Subsection 166(8) (note)

Updating legislative references

524. This item updates a legislative reference, replacing the reference to section 27A of the AAT Act in the note to subsection 166(8) of the Industrial Chemicals Act 2019 to instead refer to the equivalent provision in the ART Bill, clause 266.

525. Consistent with section 27A of the AAT Act, clause 266 of the ART Bill requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This amendment is technical in nature and ensures the note to subsection 166(8) of the Industrial Chemicals Act 2019 remains accurate.

Item 96: Section 166(9)

Terminology changes

526. This item amends terminology. See explanation of general terminology changes above.

Narcotic Drugs Act 1967

Items 97, 98, 99 and 100: Subsection 4(1) (paragraph (b) of the definition of issuing officer ), subsection 4(1) (paragraph (c) of the definition of issuing officer ), subsection 13J(4) (heading) and subsection 13J(4)

Updating definitions and terminology changes

527. These items amend terminology. See explanation of general terminology changes above.

528. Item 97 amends the definition of issuing officer in subsection 4(1) of the Narcotic Drugs Act 1967 to reflect the new definition of member set out in clause 4 of the ART Bill. Paragraph (c) of the definition of issuing officer refers to a 'non-presidential member' of the AAT. Under the AAT Act, a 'non-presidential member' means a member other than a presidential member and includes senior members and members. The ART Bill does not include definitions of 'presidential members' or 'non-presidential members' however, the equivalent offices to 'non-presidential members' are 'senior members' and 'general members'. This amendment is technical in nature and ensures the definition of issuing officer in subsection 4(1) remains accurate.

Items 101, 102, 103 and 104: Paragraph 15J(1)(c), subsection 15J(2), section 15L (heading) and subsection 15L(1)

Terminology changes

529. These items amend terminology. See explanation of general terminology changes above.

Item 105: Subsection 15L(2)

Removing pinpoint references

530. This item removes the references to subsection 27(2) and subsection 30(1A) of the AAT Act to reflect modern drafting practices. This amendment is technical in nature and ensures subsection 15L(2) of the Narcotic Drugs Act 1967 continues to operate in substantively the same way in relation to the Tribunal.

Items 106 and 107: Section 15M (heading) and subsection 15M(1)

Terminology changes

531. These items amend terminology. See explanation of general terminology changes above.

Item 108: Subsection 15M(2)

Terminology changes and updating legislative references

532. This item updates legislative references, replacing references to subsections 35(2), (3) and (4) of the AAT Act in subsection 15M of the Narcotic Drugs Act 1967 to instead refer to the equivalent provisions in the ART Bill, subclauses 69(3), 70(1) and (2).

533. Consistent with subsection 35(2) of the AAT Act, subclause 69(3) of the ART Bill empowers the Tribunal to order a private hearing and give directions in relation to persons who may be present at the hearing. Subsections 35(3) and (4) of the AAT Act allow the Tribunal to restrict publication or disclosure of information. This is prescribed in subclauses 70(1) and (2) of the ART Bill.

534. These amendments are technical in nature and ensure subsection 15M(2) of the Narcotic Drugs Act 1967 continues to operate in substantively the same way in relation to the Tribunal.

535. This item also amends terminology. See explanation of general terminology changes above.

Items 109 and 110: Subsections 15M(3) and 15N(1)

Terminology changes

536. These items amend terminology. See explanation of general terminology changes above.

Item 111: Subsection 15N(2)

Updating legislative references

537. This item updates legislative references, replacing references to subsections 28(1) and 28(4) of the AAT Act in subsection 15N(2) of the Narcotic Drugs Act 1967 with a reference to the equivalent provision of the ART Bill, clause 268.

538. Section 28 of the AAT Act provides that, subject to exceptions, people whose interests are affected by the reviewable decision may seek a statement of reasons for the decision. Subsection 15N(2) of the Narcotic Drugs Act 1967 has been updated to refer to the equivalent provision in the ART Bill, clause 268. Consistent with section 28 of the AAT Act, under clause 268 ART Bill, a person whose interests are affected by a decision may make a written request to the decision-maker to give the person a statement of reasons for the decision.

539. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if such a statement has already been given. Under the equivalent provision in the ART Bill, the decision-maker may refuse the request if a statement of reasons has already been provided for the decision. Although the provision amended by this item does not specifically refer to this equivalent provision as this is unnecessary, a person's right to request reasons is still subject to this qualification.

540. This amendment is technical in nature and ensures that subsection 15N(2) of the Narcotic Drugs Act 1967 continues to operate in substantively the same way in relation to the Tribunal.

Item 112: Subsection 15N(3)

Updating legislative references

541. This item updates legislative references, replacing the reference to subsection 28(1) of the AAT Act with a reference to the equivalent provisions of the ART Bill, clause 268. This amendment is technical in nature and ensures that subsection 15N(3) of the Narcotic Drugs Act 1967 continues to operate in substantively the same way in relation to the Tribunal.

542. This item also amends terminology. See explanation of general terminology changes above.

National Health Act 1953

Item 113: Subsection 12(4)

Terminology changes

543. This item amends terminology. See explanation of general terminology changes above.

Item 114: Subparagraph 14(4)(c)(ii)

Period for making applications once received notice and terminology changes

544. This item amends subparagraph 14(4)(c)(ii) of the National Health Act 1953 by removing the reference to a 28 day time period to apply to the AAT for review of a decision.

545. Subparagraph 14(4)(c)(ii) of the National Health Act 1953 provides for the Chief Executive Medicare to notify persons of their right to apply to the AAT for review. It also states the notice must specify that the application to the AAT must be made within 28 days after receiving the notice.

546. There is no provision in the National Health Act 1953 that specifies a 28 day timeframe for an application to be made to the AAT, so the requirement to include this in the notice has been removed. Instead, clause 18 of the ART Bill, which provides that the general timeframe for making an application for review to the ART will be prescribed by the rules but must not be shorter than 28 days from the date of decision, will apply.

547. This item also amends terminology. See explanation of general terminology changes above.

Item 115: Subsection 14(5)

Terminology changes

548. This item amends terminology. See explanation of general terminology changes above.

Item 116: Subparagraph 15(4)(c)(ii)

Period for making applications once received notice and terminology changes

549. This item amends subparagraph 15(4)(c)(ii) of the National Health Act 1953 by removing the reference to a 28 day time period to apply to the AAT for review of a decision.

550. Subparagraph 15(4)(c)(ii) of the National Health Act 1953 provides for the Chief Executive Medicare to notify persons of their right to apply to the AAT for review. It also states the notice must specify that the application to the AAT must be made within 28 days after receiving the notice.

551. There is no provision in the National Health Act 1953 that specifies a 28 day timeframe for an application to be made to the AAT, so the requirement to include this in the notice has been removed. Instead, clause 18 of the ART Bill, which provides that the general timeframe for making an application for review to the ART will be prescribed by the rules but must not be shorter than 28 days from the date of decision, will apply.

552. This item also amends terminology. See explanation of general terminology changes above.

Item 117: Subsection 15(5)

Terminology changes

553. This item amends terminology. See explanation of general terminology changes above.

Items 118, 119 and 120: Subsection 84AAB(4) (note), subsection 84AAC(4) (note) and subsection 84AAD(4) (note)

Updating legislative references

554. These items update legislative references, replacing references to section 27A of the AAT Act in the notes to subsections 84AAB(4), 84AAC(4) and 84AAD(4) of the National Health Act 1953 to instead refer to the equivalent provision in the ART Bill, clause 266.

555. Consistent with section 27A of the AAT Act, clause 266 of the ART Bill requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. These amendments are technical in nature, and ensure the notes to subsections 84AAB(4), 84AAC(4), and 84AAD(4) of the National Health Act 1953 remain accurate.

Item 121: Subsection 84AAD(5) (definition of decision )

Updating definition

556. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 122, 123 and 124: Subsection 84AAF(4) (note), subsection 84AAG(4) (note) and subsection 84AAH(4) (note)

Updating legislative references

557. These items update legislative references, replacing references to section 27A of the AAT Act in the notes to subsections 84AAF(4), 84AAG(4) and 84AAH(4) of the National Health Act 1953 to instead refer to the equivalent provision in the ART Bill, clause 266.

558. Consistent with section 27A of the AAT Act, clause 266 of the ART Bill requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. These amendments are technical in nature, and ensure the notes to subsections 84AAF(4), 84AAG(4) and 84AAH(4) of the National Health Act 1953 remain accurate.

Item 125: Subsection 84AAH(5) (definition of decision )

Updating definition

559. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 126, 127 and 128: Subsection 84AAJ(4) (note), subsection 84AAK(4) (note) and subsection 84AAL(4) (note)

Updating legislative references

560. These items update legislative references, replacing references to section 27A of the AAT Act in the notes to subsections 84AAJ(4), 84AAK(4) and 84AAL(4) of the National Health Act 1953 to instead refer to the equivalent provision in the ART Bill, clause 266.

561. Consistent with section 27A of the AAT Act, clause 266 of the ART Bill requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. These amendments are technical in nature, and ensure the notes to subsections 84AAJ(4), 84AAK(4) and 84AAL(4) of the National Health Act 1953 remain accurate.

Item 129: Subsection 84AAL(5) (definition of decision )

Updating definition

562. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 130, 131, 132, 133, 134, 135: Subsection 84H(4) and subsection 90A(7), subsection 90A(8), paragraph 90B(3)(b), subparagraph 90B(3)(b)(i), paragraph 90B(3)(c) and subparagraph 90B(3)(c)(i)

Terminology changes

563. These items amend terminology. See explanation of general terminology changes above.

Item 136: After subsection 90B(3)

Interaction with the guidance and appeals panel

564. This item inserts new subsection 90B(3A) which provides the time period for a request to be made to the Minister under subsection 90B(1), in circumstances where the pharmacist makes an application under clause 123 of the ART Bill for the President of the Tribunal to refer a decision on review of the Secretary's decision to the guidance and appeals panel for review.

565. Subsection 90B(3A) provides that, if the President refuses the application for a referral of the decision, the pharmacist may make a request to the Minister within 30 days of the day on which the pharmacist is notified of the refusal under clause 129 of the ART Bill.

Items 137 and 138: Subsection 90C(1), subsection 90C(2) and subsection 99ABD(8)

Terminology changes

566. These items amend terminology. See explanation of general terminology changes above.

Item 139: Subsection 99ABD(10)

Updating legislative references

567. This item updates a legislative reference, replacing the reference to paragraph 29(1)(d) of the AAT Act in subsection 99ABD(10) of the National Health Act 1953 to instead refer to the equivalent provision in the ART Bill, subclause 18(1).

568. Subsection 99ABD(10) provides that despite paragraph 29(1)(d) of the AAT Act, if a garnishee notice is given under subsection 99ABJ(2) in relation to the debt to which the reconsidered decision relates, then an application to the AAT for review of the reconsidered decision must be made within the period of 28 days after the day the garnishee notice is given. This provision is intended to make it clear that where a garnishee notice is given in relation to a decision to claim an amount as a debt, the time period for seeking review of a reconsidered decision in the AAT commences from the date the garnishee notice was given, not the date the person received notice of a decision to claim an amount as a debt under subsection 99ABC(1).

569. Paragraph 29(1)(d) of the AAT Act stipulates the prescribed time for making applications to the Tribunal. These matters are prescribed in clause 18 of the ART Bill.

570. This amendment is technical in nature, and ensures subsection 99ABD(10) of the National Health Act 1953 continues to operate in substantively the same way in relation to the Tribunal.

Item 140: Subsection 99ABG(4)

Terminology changes

571. This item amends terminology. See explanation of general terminology changes above.

Item 141: Subsection 99ABG(6)

Updating legislative references

572. This item updates a legislative reference, replacing the reference to paragraph 29(1)(d) of the AAT Act in subsection 99ABG(6) of the National Health Act 1953 to instead refer to the equivalent provision in the ART Bill, subclause 18(1).

573. Paragraph 29(1)(d) of the AAT Act stipulates the prescribed time for making applications to the Tribunal. These matters are prescribed in clause 18 of the ART Bill.

574. This amendment is technical in nature and is needed to ensure these provisions continue to operate in substantively the same way in relation to the Tribunal.

Items 142 and 143: Subsection 99ABJ(14) and part VIIA (heading)

Terminology changes

575. These items amend terminology. See explanation of general terminology changes above.

Item 144: Section 105AA (definition of decision )

Updating definition

576. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 145, 146, 147 and 148: Section 105AA (definition of Tribunal ), subsection 105AB(7) (note), subsection 105AC(1) and paragraph 105AD(3)(d)

Terminology changes and updating definition

577. These items amend terminology. See explanation of general terminology changes above.

578. Item 143 updates the definition of Tribunal so that it refers to the ART instead of the AAT.

Item 149: Paragraph 105AD(3)(e)

Updating legislative references

579. This item removes the legislative reference to subsection 28(4) of the AAT Act in paragraph 105AD(3)(e) of the National Health Act 1953 and replaces the reference to section 28 of the AAT Act to instead refer to the equivalent provision in the ART Bill, clause 268.

580. Section 28 of the AAT Act provides that, subject to exceptions, people whose interests are affected by the reviewable decision may seek a statement of reasons for the decision. Paragraph 105AD(3)(e) of the National Health Act 1953 has been updated to refer to the equivalent provision in the ART Bill, clause 268. Consistent with section 28 of the AAT Act, under clause 268 ART Bill, a person whose interests are affected by a decision may make a written request to the decision-maker to give the person a statement of reasons for the decision.

581. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if such a statement has already been given. Under the equivalent provision in the ART Bill, the decision-maker may refuse the request if a statement of reasons has already been provided for the decision. Although the provision amended by this item does not specifically refer to this equivalent provision as this is unnecessary, a person's right to request reasons is still subject to this qualification.

582. This amendment is technical in nature and is needed to ensure this provision continues to operate in substantively the same way in relation to the Tribunal.

Item 150: Subsection 105AE(2)

Terminology changes

583. This item amends terminology. See explanation of general terminology changes above.

Therapeutic Goods Act 1989

Items 151 and 152: Subsection 6B(1) and paragraph 6B(2)(a)

Terminology changes

584. These items amend terminology. See explanation of general terminology changes above.

Item 153: Subsection 6B(3)

Terminology changes

585. This item replaces the reference to 'enactment' in subsection 6B(3) of the Therapeutic Goods Act 1989 to instead refer to 'Act' to reflect modern drafting practices. This item also amends terminology. See explanation of general terminology changes above.

Item 154: Subsection 44A(5)

Terminology changes

586. This item amends terminology. See explanation of general terminology changes above.

Item 155: Subsection 60(1) (definition of decision )

Updating definition

587. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Item 156: Subsection 60(5)

Updating legislative references

588. This item updates a legislative reference, replacing the reference to subsection 28(4) of the AAT Act in subsection 60(5) of the Therapeutic Goods Act 1989 to instead refer to the equivalent provision in the ART Bill, clause 268.

589. Section 28 of the AAT Act provides that, subject to exceptions, people whose interests are affected by the reviewable decision may seek a statement of reasons for the decision. Subsection 60(5) of the Therapeutic Goods Act 1989 has been updated to refer to the equivalent provision in the ART Bill, clause 268. Consistent with section 28 of the AAT Act, under clause 268 ART Bill, a person whose interests are affected by a decision may make a written request to the decision-maker to give the person a statement of reasons for the decision

590. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if such a statement has already been given. Under the equivalent provision in the ART Bill, the decision-maker may refuse the request if a statement of reasons has already been provided for the decision. Although the provision amended by this item does not specifically refer to this equivalent provision as this is unnecessary, a person's right to request reasons is still subject to this qualification.

591. This amendment is technical in nature and is needed to ensure this provision continues to operate in substantively the same way in relation to the Tribunal.

Items 157, 158 and 159: Paragraph 60(6)(b), subsection 60(8) and section 60A

Terminology changes

592. These items amend terminology. See explanation of general terminology changes above.

SCHEDULE 10 - HOME AFFAIRS

OUTLINE

593. This Schedule contains consequential amendments to the following Acts in the Home Affairs portfolio:

•

AusCheck Act 2007

•

Australian Citizenship Act 2007

•

Aviation Transport Security Act 2004

•

Commerce (Trade Descriptions) Act 1905

•

Counter-Terrorism (Temporary Exclusion Orders) Act 2019

•

Customs Act 1901

AMENDMENTS

General terminology changes

594. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that relevant provisions continue to operate in substantively the same way in the new Tribunal.

AusCheck Act 2007

Items 1 and 2: Subparagraph 8(3)(a)(v) and subparagraph 10(3)(a)(v)

Terminology changes

595. These items amend terminology. See explanation of general terminology changes above.

Australian Citizenship Act 2007

Item 3: Subsection 52(1)

Terminology change

596. This item amends terminology. See explanation of general terminology changes above.

Item 4: Subsection 52(1)

External merits review of decisions under section 37 of the Citizenship Act

597. This item amends subsection 52(1) to provide merits review of refusal decisions made under section 37 of the Citizenship Act. Section 37 of the Citizenship Act provides for a person to apply for, and for the Minister to give the person, a notice of evidence of their Australian citizenship. Proposed new paragraph 52(1)(g) would allow for an application to be made to the Tribunal for review of a decision under section 37 of the Citizenship Act to refuse to give a person evidence of their Australian citizenship. There is currently no provision that allows the AAT to review a decision to refuse an application for evidence of Australian citizenship under section 37 of the Citizenship Act.

598. Extending the ability of the ART to review these types of decisions would align it with the review pathways available for other citizenship and migration-related decisions. It would provide applicants with an independent review process that is faster and more accessible than judicial review.

Item 5: Subsection 52(3)

Terminology change

599. This item amends terminology. See explanation of general terminology changes above.

Aviation Transport Security Act 2004

Items 6, 7, 8, 9, and 10: Section 4, subsection 19(4) (note), section 126 (heading), subsections 126(1) and (2)

Terminology changes

600. These items amend terminology. See explanation of general terminology changes above.

Item 11: Subsection 126(3)(note)

Updating legislative references

601. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 27A of the AAT Act requires a decision-maker to notify persons who are affected by the decision of the making of the decision, and their right to have the decision reviewed. This matter is prescribed in clause 266 of the ART Bill. This amendment is technical in nature and ensures the note to subsection 126(3) of the Aviation Transport Security Act 2004 remains accurate.

602. The note also states that when giving such notice, the decision-maker must have regard to the matters prescribed by the rules (if such rules have been prescribed under the ART Bill).

Commerce (Trade Descriptions) Act 1905

Items 12 and 13: Subsection 15(1), subsection 15(2) (definition of decision )

Terminology changes

603. These items amend terminology. See explanation of general terminology changes above.

Item 14: Subsection 15(2) (note)

Repealing note no longer necessary

604. This item repeals the note in section 15, consequential to the repeal of the AAT Act by Consequential Bill 1.

Counter-Terrorism (Temporary Exclusion Orders) Act 2019

Item 15: Subparagraph 23(1)(d)(i)

Terminology change and updating legislative reference

605. This item amends terminology. See explanation of general terminology changes above. It also changes the reference to 'Deputy President or senior member (of any level)' to 'Non-Judicial Deputy President or senior member', consequential to changes made in the ART Bill to terminology relating to member levels.

Item 16: Paragraph 23(5)(b)

Terminology change

606. This item amends terminology. See explanation of general terminology changes above.

Customs Act 1901

Item 17: Paragraph 67EM(5)(b)

Terminology change and clarifying provision

607. This item repeals and substitutes paragraph 67EM(5)(b) of the Customs Act 1901.

608. Paragraph 67EM(5)(b) provides that where a special reporter makes an application to the AAT for review of the Comptroller-General of Customs' decision to cancel their special reporter registration under subsection 67EM(4), the cancellation decision takes effect when the AAT affirms the decision of the Comptroller-General of Customs.

609. This item amends paragraph 67EM(5)(b) to add that where the applicant withdraws their application, or the Tribunal dismisses the application, the cancellation decision takes effect from when the application is withdrawn or dismissed. This amendment aims to clarify the operation of the cancellation decision if the review proceeding concludes other than with a substantive decision by the Tribunal.

610. This item also amends terminology. See explanation of general terminology changes above.

Items 18, 19, 20 and 21: Paragraph 269N(1)(b), paragraph 269SD(2)(b), section 269SHA (heading) and subsection 269SHA(1)

Terminology changes

611. These items amend terminology. See explanation of general terminology changes above.

Item 22: Subsection 269SHA(3)

Terminology change

612. This item amends terminology and removes the reference to subsection 30(1A) of the AAT Act to reflect modern drafting practices. This amendment is technical in nature and ensures subsection 269SHA(3) continues to operate in substantively the same way in relation to the Tribunal.

Items 23 and 24 Subsection 269SHA(5) and subsection 273GA(1)

Terminology changes

613. These items amend terminology. See explanation of general terminology changes above.

Item 25: Subsection 273GA(8)

Updating definition

614. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Item 26: Subsection 273H(1)

Terminology changes

615. This item amends terminology. See explanation of general terminology changes above.

Item 27: Subsection 273H(2)

Updating definition

616. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Item 28: Subsection 273K(1)

Terminology changes – Notice of review rights

617. This item makes terminology changes to replace references to the 'Administrative Appeals Tribunal Act 1975' and the 'Administrative Appeals Tribunal' with references to the 'Administrative Review Tribunal Act 2024' and the 'Administrative Review Tribunal'. The amendments are technical in nature, and ensure that decision-makers must continue to notify relevant persons of their review rights to the Tribunal, as they do for the AAT.

SCHEDULE 11 - INDUSTRY, SCIENCE AND RESOURCES

OUTLINE

618. This Schedule contains consequential amendments to the following Acts in the Industry, Science and Resources portfolio:

•

Australian Jobs Act 2013

•

Designs Act 2003

•

Industry Research and Development Act 1986

•

National Measurement Act 1960

•

Offshore Minerals Act 1994

•

Patents Act 1990

•

Plant Breeder's Rights Act 1994

•

Pooled Development Funds Act 1992

•

Trade Marks Act 1995

•

Venture Capital Act 2002

AMENDMENTS

General terminology changes

619. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions continue to operate in substantively the same way in the new Tribunal.

Australian Jobs Act 2013

Items 1 and 2: Section 112 (heading) and 112

Terminology changes

620. These items amend terminology. See explanation of general terminology changes above.

Designs Act 2003

Items 3, 4, 5 and 6: Sections 129 and 136 (heading) and subsections 136(1), (1A) and (2)

Terminology changes

621. These items amend terminology. See explanation of general terminology changes above.

Item 7: Subsection 136(2)

Terminology change – Notice of review rights

622. This item amends terminology to replace a reference to the 'Administrative Appeals Tribunal Act 1975' with a reference to the 'Administrative Review Tribunal Act 2024'. This amendment is technical in nature, and ensures that a decision-maker must continue to notify relevant persons of their review rights to the Tribunal, as it does for the AAT.

Item 8: Subsection 136(4) (definition of decision )

Updating definition

623. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Industry Research and Development Act 1986

Item 9: Section 30

Terminology change

624. This item amends terminology. See explanation of general terminology changes above.

Items 10 and 11: Subsection 30D(2) (note) and (3) (note)

Terminology change – Notice of review rights

625. These items make terminology changes to replace references to the 'Administrative Appeals Tribunal Act 1975' and the 'Administrative Appeals Tribunal' with references to the 'Administrative Review Tribunal Act 2024' and the 'Administrative Review Tribunal'. The amendments are technical in nature, and ensure that decision-makers must continue to notify relevant persons of their review rights to the Tribunal, as they do for the AAT.

Repeal of requirement to give notice of deemed decision

626. This item also repeals the note under subsection 30D(3) of the Industry Research and Development Act 1986, which refers to a requirement under the AAT Act to provide notice to any person whose interests are affected by an internal review decision taken to be made under that subsection (a deemed decision).

627. This note was a mischaracterisation of the requirements under the AAT Act. Under paragraph 27A(2)(a) of the AAT Act, if a decision is deemed to have been made because a timeframe has expired (under subsection 25(5) of the AAT Act), notice of the deemed decision does not need to be provided to affected persons.

628. These matters are prescribed in the ART Bill at clause 16 (decision taken to be made if timeframe expires) and subparagraph 266(6)(b)(i) (no requirement to give notice for a deemed decision under clause 16).

629. This item, by repealing the note under subsection 30D(3), removes this mischaracterisation, and removes the explicit requirement to give notice of a deemed decision under that subsection.

Items 12, 13 and 14: Paragraph 30D(4)(b), section 30E (heading) and subsection 30E(1)

Terminology changes

630. These items amend terminology. See explanation of general terminology changes above.

Item 15: Subsection 30E(2)

Updating legislative reference

631. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 43(6) of the AAT Act prescribes when decisions of the AAT are taken to be decisions of the decision-maker, and when such decisions take effect. These matters are prescribed in subclauses 108(2) and (4) of the ART Bill. This amendment is technical in nature and ensures that subsection 30E(2) of the Industry Research and Development Act 1986 continues to operate in substantively the same way in relation to the Tribunal.

Item 16: Paragraph 30E(2)(a)

Updating legislative reference

632. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 43 of the AAT Act prescribes the types of decisions the Tribunal may make when reviewing a decision (to affirm the decision, vary it, or set it aside and either substitute a new decision or remit to the decision-maker). This is prescribed in clause 105 of the ART Bill. This amendment is technical in nature and ensures paragraph 30E(2)(a) of the Industry Research and Development Act 1986 continues to operate substantively the same way in relation to the Tribunal.

Item 17: Subsection 30E(3)

Period for making applications for deemed decisions

633. This item repeals and substitutes subsection 30E(3) to maintain the existing timeframe for applying for review of a deemed decision.

634. Clause 18 of the ART Bill replaces section 29 of the AAT Act by providing that the general timeframe for making an application for review under the ART Bill will be prescribed by rules. The language of 'prescribed time' in subsection 30E(3) is drawn from paragraph 29(1)(d) of the AAT Act, and is not replicated in clause 18 of the ART Bill.

635. This item substitutes a new subsection 30E(3), which provides that despite clause 18 of the ART Bill, an application must be made within 28 days of the deemed decision. According to this item, this time is to be calculated beginning on the day on which the decision is taken to be made, and ending 28 days after that day. The amendment is technical in nature and ensures that subsection 30E(3) continues to operate in substantively the same way.

Item 18: Subsection 30E(4)

Repeal provision about private hearings

636. This item repeals subsection 30E(4) which provides that proceedings for AAT review are to be held in private and that the AAT may give orders and directions during the proceedings as specified in the AAT Act.

637. Repealing this subsection has the effect that clauses 69 and 70 of the ART Bill will instead apply to proceedings for review of decisions made under the Industry Research and Development Act 1986. Clause 69 requires hearings to be in public hearings, except where practice directions or the Tribunal require the hearing to take place in private. Clauses 69 and 70 empower the Tribunal to give directions as to the persons who may be present and directions about non-publication and non-disclosure equivalent to those referred to in subsections 35(3) and (4) of the AAT Act.

638. By repealing subsection 30E(4), this item harmonises the approach to public and private hearings in the ART under the Industry Research and Development Act 1986.

Item 19: Subparagraph 31E(1)(b)(ii)

Terminology change

639. This item amends terminology. See explanation of general terminology changes above.

National Measurement Act 1960

Item 20: Paragraph 18QC(3)(a)

Terminology change

640. This item amends terminology. See explanation of general terminology changes above.

Item 21: Paragraph 18QC(3)(b)

Terminology change and updated language

641. This item amends terminology. See explanation of general terminology changes above.

642. This item also makes an amendment that is technical in nature, to more accurately align with the language used in the ART Bill. Rather than referring to an application to the Tribunal being 'determined or abandoned', the ART Bill generally refers to applications being 'withdrawn or finally determined'. This amendment reflects that language. This simple harmonisation of language does not affect the operation of paragraph 18QC(3)(b).

Items 22 and 23: Section 19J (heading) and subsection 19J(1)

Terminology changes

643. These items amend terminology. See explanation of general terminology changes above.

Offshore Minerals Act 1994

Items 24 and 25: Section 406

Updating definition

644. Item 24 updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. Item 25 repeals the note to the provision which sets out the meaning of decision under the AAT Act. See explanation of general terminology changes above.

Items 26 and 27: Paragraphs 407(6)(b) and (c)

Terminology changes – Notice of review rights

645. These items make terminology changes to replace references to the 'Administrative Appeals Tribunal Act 1975' and the 'Administrative Appeals Tribunal' with references to the 'Administrative Review Tribunal Act 2024' and the 'Administrative Review Tribunal'. The amendments are technical in nature, and ensure that decision-makers must continue to notify relevant persons of their review rights to the Tribunal, as they do for the AAT.

646. Item 27 also removes the reference to section 28 of the AAT Act. Section 28 of the AAT Act provides that, subject to exceptions, people whose interests are affected by the reviewable decision may seek a statement of reasons for the decision. By removing the pinpoint reference to section 28 of the AAT Act, and instead referring generally to the ART Bill, this item ensures that paragraph 407(6)(c) continues to operate in substantively the same way in relation to the Tribunal.

Item 28: Subsection 407(9)

Terminology change

647. This item amends terminology. See explanation of general terminology changes above.

Patents Act 1990

Items 29 and 30: Subsections 224(1) and (1A)

Terminology changes

648. These items amend terminology. See explanation of general terminology changes above.

Item 31: Subsection 224(2)

Terminology changes – Notice of review rights

649. This item makes terminology changes to replace references to the 'Administrative Appeals Tribunal Act 1975' and the 'Administrative Appeals Tribunal' with references to the 'Administrative Review Tribunal Act 2024' and the 'Administrative Review Tribunal'. The amendments are technical in nature, and ensure that decision-makers must continue to notify relevant persons of their review rights to the Tribunal, as they do for the AAT.

Item 32: Subsection 224(4) (definition of decision )

Updating definition

650. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 33 and 34: Subsections 227AB(3) and (4) and subsection 228(4C)

Terminology changes

651. These items amend terminology. See explanation of general terminology changes above.

Plant Breeder's Rights Act 1994

Items 35, 36, and 37: Subsection 3(1)

Updating definitions

652. Items 35 and 36 repeal the definitions of 'AAT' and 'AAT Act', consequential to the repeal of the AAT Act by Consequential Bill 1. Item 37 inserts the new definition of 'ART' and 'ART Act', consequential to the establishment of the Tribunal by the ART Bill.

Item 38: Subsection 3(1) (definition of relevant proceedings )

Updating definitions

653. Item 38 updates the definition of relevant proceedings to refer to proceedings in the ART rather than the AAT.

654. As amended by this item, the definition of relevant proceedings in subsection 3(1) of the Plant Breeder's Rights Act 1994 encompasses proceedings in a court, or proceedings (within the meaning of the ART Act) in the ART, in relation to only certain matters under the Plant Breeder's Rights Act 1994, namely: the grant of the PBR, the infringement of the PBR, or a decision to revoke, or not to revoke, the PBR.

655. By adding 'proceedings (within the meaning of the ART Act) in the ART', this item makes it clear that the term 'relevant proceedings' under the Plant Breeder's Rights Act 1994 also includes the types of proceedings defined in clause 4 of the ART Bill. These include an application for review of a reviewable decision, and also applications ancillary to that review (for example, an application under subclause 270(2) to obtain reasons for a reviewable decision, or an application under subclause 271(2) to obtain adequate statement of reasons).

Items 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49 and 50: Subsections 19(7) (note), 19(10) (note), 19(11) (note), 21(5) (note 2), 30(5) (note), 31(6) (note), 34(1) (note), 37(1) (note), 37(2B) (note), 38(5) (note), 39(2) (note), and 39(3)

Terminology changes

656. These items amend terminology. See explanation of general terminology changes above.

Items 51 and 52: Paragraphs 39(5)(a) and (b)

Terminology changes and updating legislative references

657. Items 51 and 52 update legislative references to provisions of the AAT Act, subsections 44A(2) and 44A(2A), to instead refer to the equivalent provisions of the ART Bill, clauses 178(2) and 179(4).

658. A decision of the AAT can be appealed to the FCA. Under subsection 44A(2) of the AAT Act, the FCA has the power to stay or otherwise affect the operation or implementation of the decision of the AAT or of the agency. The FCA can transfer an appeal to the FCFCOA, and in such cases, the FCFCOA can also make orders under subsection 44A(2A) of the AAT Act. These powers are conferred in subclauses 178(2) and 179(4) of the ART Bill, respectively.

659. Items 51 and 52 amend paragraphs 39(5)(a) and (b) of the Plant Breeder's Rights Act 1994 to clarify that these powers remain unaffected by section 39 of that Act.

660. These amendments are technical in nature and ensure subsection 39(5) of the Plant Breeder's Rights Act 1994 continues to operate substantively the same way in relation to the Tribunal.

Items 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65 and 66: Subsections 39(5), 40(8) (note), 40(12) (note 2), 41(1A) (note), 41A(5) (note), 41B(3) (note) and 41D(1) (note 1), paragraph 41D(7)(b) and subsections 41E(1) (note), 44E(12) (note), paragraph 48(2)(b), subsection 49(3) (note), and paragraphs 50(6)(a) and 50(6)(b)

Terminology changes

661. These items amend terminology. See explanation of general terminology changes above.

Items 67 and 68: Paragraphs 50(7)(a) and (b)

Terminology changes and updating legislative references

662. These items update legislative references to provisions of the AAT Act, subsections 44A(2) and 44A(2A), to instead refer to the equivalent provisions of the ART Bill, clauses 178(2) and 179(4).

663. A decision of the AAT can be appealed to the FCA. Under subsection 44A(2) of the AAT Act, the FCA has the power to stay or otherwise affect the operation or implementation of the decision of the AAT or of the agency. The FCA can transfer an appeal to the FCFCOA, and in such cases, the FCFCOA can also make orders under subsection 44A(2A) of the AAT Act. These powers are conferred in subclauses 178(2) and 179(4) of the ART Bill, respectively.

664. Items 66 and 67 amend paragraphs 50(7)(a) and (b) of the Plant Breeder's Rights Act 1994 to clarify that these powers remain unaffected by section 50 of that Act.

665. These amendments are technical in nature and ensure subsection 50(7) of the Plant Breeder's Rights Act 1994 continues to operate substantively the same way in relation to the Tribunal.

Items 69 and 70: Subsection 50(10) (note) and section 62A

Terminology changes

666. These items amend terminology. See explanation of general terminology changes above.

Item 71: Subsection 76B (note)

Terminology change and minor error correction

667. This item amends terminology. See explanation of general terminology changes above.

668. It also corrects a minor cross-referencing error in the note under subsection 76B(3), so that it correctly refers to subsection 76B(3) about substituted decisions.

Items 72 and 73: Subsections 77(1) and 77(1A)

Terminology changes

669. These items amend terminology. See explanation of general terminology changes above.

Item 74: Subsection 77(2)

Terminology changes, updating legislative reference, and extensions of time

670. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 77(2) of the Plant Breeder's Rights Act 1994 has the effect of removing the AAT's power to, by order, extend the timeframe to apply to the AAT for review of a decision, under subsection 29(7) of the AAT Act. The equivalent provision in the ART Bill is subclause 19(2). The amendment retains the modification of the Tribunal's power to extend the timeframe to apply to the ART for review of decisions of the Minister or Registrar under the Plant Breeder's Rights Act 1994.

671. PBR are commercially valuable, exclusive rights of limited duration. PBR give rights of action against third parties for infringement, including the recovery of damages. Administrative decisions under the Plant Breeder's Rights Act 1994 concern the granting, limitation and revocation of PBR. To allow late review of PBR decisions by the ART would risk changing what were non-infringing acts by third parties into infringing acts retroactively. To balance the interests of applicants, requesters and grantees, with the interests of third parties, it is appropriate to require that ART review of PBR decisions always be sought within the period prescribed in the rules under clause 18 of the ART Bill, with no possibility of extension.

Item 75: Subsection 77(3)

Terminology change

672. This item amends terminology. See explanation of general terminology changes above.

Item 76: Subsection 77(4) (definition of decision )

Updating definition

673. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Pooled Development Funds Act 1992

Item 77: Paragraph 55(7)(c)

Terminology changes – Notice of review rights

674. This item makes terminology changes to replace references to the 'Administrative Appeals Tribunal Act 1975' and the 'Administrative Appeals Tribunal' with references to the 'Administrative Review Tribunal Act 2024' and the 'Administrative Review Tribunal'. The amendments are technical in nature, and ensure that decision-makers must continue to notify relevant persons of their review rights to the Tribunal, as they do for the AAT.

Items 78 and 79: Section 56 (heading) and subsection 56(1)

Terminology changes

675. These items amend terminology. See explanation of general terminology changes above.

Trade Marks Act 1995

Items 80, 81, 82, 83 and 84: Subsections 99A(2), 136B(3), 175(5), 178(5), 180(4), 180A(4), 222A(4), 224(7) and 227(1)

Terminology changes

676. These items amend terminology. See explanation of general terminology changes above.

Item 85: Paragraph 227(1)(b)

Terminology changes – Notice of review rights

677. This item makes terminology changes to replace references to the 'Administrative Appeals Tribunal Act 1975' and the 'Administrative Appeals Tribunal' with references to the 'Administrative Review Tribunal Act 2024' and the 'Administrative Review Tribunal'. The amendments are technical in nature, and ensure that decision-makers must continue to notify relevant persons of their review rights to the Tribunal, as they do for the AAT.

Item 86: Subsection 227(3)

Updating definition

678. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 87 and 88: Subsection 228A(7) and paragraph 231(3)(d)

Terminology changes

679. These items amend terminology. See explanation of general terminology changes above.

Venture Capital Act 2002

Item 89: Paragraph 29-10(6)(c)

Terminology changes – Notice of review rights

680. This item makes terminology changes to replace references to the 'Administrative Appeals Tribunal Act 1975' and the 'Administrative Appeals Tribunal' with references to the 'Administrative Review Tribunal Act 2024' and the 'Administrative Review Tribunal'. The amendments are technical in nature, and ensure that decision-makers must continue to notify relevant persons of their review rights to the Tribunal, as they do for the AAT.

Items 90 and 91: Section 29-15 (heading) and subsection 29-15(1)

Terminology changes

681. These items amend terminology. See explanation of general terminology changes above.

Retaining specialised standing rules

682. Amended subsection 29-15(1) of the Venture Capital Act 2002 retains the ability for an application to be made to the ART for review of a reviewable decision made by Industry Innovation and Science Australia, that has been confirmed or varied under section 29-10.

683. This change to subsection 29-15(1) flows through to subsection 29-15(2), to retain the modification that applies instead of the general rule for who may apply for administrative review of decisions, contained in section 27 of the AAT Act. The equivalent provision in the ART Bill is clause 17.

684. Subsection 29-15(2) overrides this general standing rule by providing that only the person affected by the decision may apply for review, and only after an internal review has been completed. The Venture Capital Act 2002 provides for administrative measures that are needed for the operation of the ITAAs. Subsection 29-15(2) of the Venture Capital Act 2002 is consistent with the standing rules in the ITAAs, which first require an applicant to apply for internal review of a decision before applying to the ART and only allow persons affected by a decision (rather than anyone whose interests are affected) to apply for review.

SCHEDULE 12 - INFRASTRUCTURE

OUTLINE

685. This Schedule contains consequential amendments to the following Acts in the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio:

•

Airports Act 1996

•

Broadcasting Services Act 1992

•

Civil Aviation Act 1988

•

Classification (Publications, Films and Computer Games) Act 1995

•

Coastal Trading (Revitalising Australian Shipping) Act 2012

•

Online Safety Act 2021

•

Telecommunications Act 1997

AMENDMENTS

General terminology changes

686. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions continue to operate in substantively the same way in the new Tribunal.

Airports Act 1996

Items 1, 2, 3, and 4: Section 241, section 242 (heading), subsection 242(1) and subsection 242(3)

Terminology changes

687. These items amend terminology. See explanation of general terminology changes above.

Item 5: Subsection 242(5) (definition of decision )

Updating definition

688. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 6 and 7: Subsection 242(6) (heading) and subsection 242(6)

Terminology changes

689. These items amend terminology. See explanation of general terminology changes above.

Broadcasting Services Act 1992

Items 8, 9, 10 and 11: Subparagraph 61AN(4C)(b)(ii), paragraph 61AN(4C)(e), subsection 61AZ(5) (heading) and subparagraph 61AZ(5)(b)(ii)

Terminology changes

690. These items amend terminology. See explanation of general terminology changes above.

Item 12: Subsection 61AZ(7)

When a decision of the Tribunal is finalised

691. This item repeals existing subsection 61AZ(7) and replaces it with a new subsection 61AZ(7). Existing subsection 61AZ(7) provides that an application before the AAT is taken not to have been finalised during the period of 28 days beginning on the day on which the AAT made its decision. This ensures that the Register of Controlled Media Groups is frozen while a decision of the Australian Communications and Media Authority in relation to a registerable media authority is under reconsideration to avoid any unacceptable media diversity situations occurring. New subsection 61AZ(7) provides that an application before the Tribunal is taken not to have been finalised until the period in which a person can appeal to the FCA has expired.

692. Under subclause 174(3) of the ART Bill, the appeal period to the FCA is paused if an application is made to refer a decision to the guidance and appeals for review. It is intended that the Register of Controlled Media Groups remains frozen during this period, including any pauses while an application to have a decision referred to the guidance and appeals panel is considered. If a person applies to have the Tribunal decision referred to the guidance and appeals panel, the period for applying to the FCA will not conclude until after the President decides not to refer the decision, or - if the referral is made - the guidance and appeals panel completes its review.

693. This amendment ensures that subsection 61AZ(7) continues to operate in substantively the same way in the Tribunal in that the decision of the Tribunal does not take effect until an applicant has exhausted all appeal rights, including to the guidance and appeals panel and to the FCA.

Item 13: Paragraphs 61AZ(8)(a) and (b)

Terminology changes

694. This item amends terminology. See explanation of general terminology changes above.

Item 14: Subsection 61AZ(12)

Regulations-making power

695. This item removes a reference to '28 days' in subsection 61AZ(12) which is no longer necessary, consequential to the amendment to subsection 61AZ(7) in item 12, as subsection 61AZ(7) no longer provides for a 28 day time period. This amendment ensures that subsection 61AZ(12) continues to operate in substantively the same way.

Items 15, 16, 17, 18 and 19: Part 14 (heading), section 204 (heading), subsections 204(1) to (4), paragraph 205(b) and clause 1 of Schedule 4

Terminology changes

696. These items amend terminology. See explanation of general terminology changes above.

Items 20 and 21: Clause 2 of Schedule 4

Updating definitions

697. Item 20 repeals the definition of AAT from Schedule 4, consequential to the repeal of the AAT Act by Consequential Bill 1. Item 21 inserts the new definition of ART, consequential to the establishment of the Tribunal by the ART Bill.

Items 22 and 23: Clause 62 of Schedule 4 (heading) and subclauses 62(5), (7) and (9)

Terminology changes

698. These items amend terminology. See explanation of general terminology changes above.

Item 24: Paragraph 63(a) of Schedule 4

Updating legislative reference

699. This item repeals existing paragraph 63(a) of Schedule 4 and replaces it with a new paragraph 63(a) to include a legislative reference to the ART Bill. Existing paragraph 63(a) of Schedule 4 provides that if the Australian Communications and Media Authority makes a decision that is reviewable under clause 62 of Schedule 4, it must include a statement of reasons. New paragraph 63(a) of Schedule 4 provides that it must include a statement of reasons within the meaning of the ART Bill. This reflects that the term 'statement of reasons' is now defined in clause 4 of the ART Bill.

Items 25 and 26: Paragraph 63(b) of Schedule 4 and paragraph 57(5)(a) of Schedule 6

Terminology changes

700. These items amend terminology. See explanation of general terminology changes above.

Item 27: Paragraph 57(5)(b) of Schedule 6

Updating legislative references

701. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent clause of the ART Bill. Subsection 41(2) of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in subclause 32(2) of the ART Bill. This amendment is technical in nature and ensures paragraph 57(5)(b) of Schedule 6 of the Broadcasting Services Act 1992 continues to operate in substantively the same way in relation to the Tribunal.

Items 28, 29 and 30: Clause 58 of Schedule 6 (heading), clause 58 of Schedule 6 and paragraph 59(b) of Schedule 6

Terminology changes

702. These items amend terminology. See explanation of general terminology changes above.

Civil Aviation Act 1988

Items 31 and 32: Paragraph 30DV(c) and section 30EB (example)

Terminology changes

703. These items amend terminology. See explanation of general terminology changes above.

Item 33: Subsection 31(1) (definition of decision )

Updating definition

704. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 34, 35 and 36: Subsection 31(2), subsection 31(3) and subsection 31A(1)

Terminology changes

705. These items amend terminology. See explanation of general terminology changes above.

Item 37: Subsections 31A(4) and (5)

Updating legislative references

706. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent clause of the ART Bill. Subsection 41(2) of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in subclause 32(2) of the ART Bill. This amendment is technical in nature and ensures subsections 31A(4) and (5) of the Civil Aviation Act 1992 continue to operate in substantively the same way in relation to the Tribunal.

Classification (Publications, Films and Computer Games) Act 1995

Items 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49: Subsection 6H(6), paragraph 14B(4)(f), section 17D (heading), section 17D, section 22G (heading), section 22G, section 22J (heading), section 22J, paragraph 31(3)(f), subsection 91(3), subsection 91(5) (heading) and subsection 91(5)

Terminology changes

707. These items amend terminology. See explanation of general terminology changes above.

Coastal Trading (Revitalising Australian Shipping) Act 2012

Items 50, 51, 52, 53 and 54: Section 5, subsection 25(3) (note), subsection 59(3) (note), section 107 (heading) and subsections 107(1) to (4)

Terminology changes

708. These items amend terminology. See explanation of general terminology changes above.

Item 55: Subsection 107(4) (note)

Updating legislative reference

709. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent clause of the ART Bill. Section 41 of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in clause 32 of the ART Bill. This amendment is technical in nature and ensures that the note to subsection 107(4) of the Coastal Trading (Revitalising Australian Shipping) Act 2012 remains accurate.

Item 56: Subsection 107(5)

Terminology change

710. This item amends terminology. See explanation of general terminology changes above.

Item 57: Subsection 107(5) (note)

Updating legislative reference

711. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent clause of the ART Bill. Section 41 of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in clause 32 of the ART Bill. This amendment is technical in nature and ensures the note to subsection 107(5) of the Coastal Trading (Revitalising Australian Shipping) Act 2012 remains accurate.

Item 58: Subsections 107(6) and (7) (including the note)

When to apply

712. This item repeals subsections 107(6) and (7) (including the note following) which provide that applications must be made to the AAT within 20 business days after receiving a decision of the kind referred to in subsections 107(2), (3), (4) or (5), rather than the standard time period prescribed by subsection 29(2) of the AAT Act. Clause 18 of the ART Bill provides that the rules may provide the time limit for an application to the Tribunal, but that this cannot be less than 28 days after the day the decision is made. Repealing these subsections has the effect that the time limit for applying for review prescribed under clause 18 of the ART Bill will instead apply to decisions made under the subsections 107(2), (3), (4) and (5) of the Coastal Trading (Revitalising Australian Shipping) Act 2012.

Online Safety Act 2021

Items 59 and 60: Section 220 (heading) and section 220

Terminology changes

713. These items amend terminology. See explanation of general terminology changes above.

Radiocommunications Act 1992

Items 61 and 62: Section 5 (definition of AAT )

Updating definition

714. Item 61 repeals the definition of AAT, consequential to the repeal of the AAT Act by Consequential Bill 1. Item 62 inserts the new definition of ART, consequential to the establishment of the Tribunal by the ART Bill.

Items 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74 and 75: Paragraph 116(4)(b), subsection 231(7), paragraph 287(1)(b), paragraph 291(1)(a), paragraph 291(b), section 292 (heading), section 292, paragraph 3(2)(b) of Part 1 of the Schedule, paragraph 3(2)(c) of Part 1 of the Schedule, paragraph 2(1)(c) of Part 2 of the Schedule, clause 7 of Part 2 of the Schedule, subclause 7(1) of Part 2 of the Schedule and subclause 7(2) of Part 2 of the Schedule

Terminology changes

715. These items amend terminology. See explanation of general terminology changes above.

Item 76: Subclause 7(3) of Part 2 of the Schedule

When to apply

716. Clause 18 of the ART Bill provides that the rules may provide the time limit for an application to the Tribunal, but that this cannot be less than 28 days after the day the decision is made. Item 71 provides contrary to subclause 18(1) of the ART Bill in specifying the time limit of 90 days for lodgement of an application for Tribunal review of reviewable determinations under the Part 2 of the Schedule of the Radiocommunications Act 1992. The generous application period is a long-standing arrangement in recognition of the complex nature of issues relating to determinations of liability and compensation.

Items 77 and 78: Subclauses 7(4) and (5) of Part 2 of the Schedule and subclauses 8(3) and 9(4) of Part 2 of the Schedule

Terminology changes

717. These items amend terminology. See explanation of general terminology changes above.

Telecommunications Act 1997

Item 79: Subparagraphs 56AA(7)(b)(iii) and (iv)

When a decision of the Tribunal is finalised

718. This item repeals existing subparagraphs 56AA(7)(b)(iii) and (iv) of the Telecommunications Act 1997 and replaces it with new subparagraphs 56AA(7)(b)(iii), (iv) and (v). Existing subparagraphs 56AA(7)(b)(iii) and (iv) provide that an application before the AAT is taken not to have been finalised during the period of 28 days beginning on the day on which the AAT made its decision.

719. Of relevance to subparagraphs 56A(7)(b)(iii), (iv) and (v), subclause 174(3) of the ART Bill provides that the period for appealing a decision of the ART to the FCA is paused if a party applies to have a decision of the ART referred to the guidance and appeals panel for review.

720. For the purposes of subparagraphs 56AA(7)(b)(iii), (iv) and (v), an application for review of the decision by the Tribunal would not be finalised by the Tribunal until the below scenarios occur:

•

if a party does not seek to have a decision referred to the guidance and appeals panel or if the President refuses an application to have a decision referred to the guidance and appeals panel for review, the end of the period in which an appeal can be made to the FCA under clause 172 of the ART Bill

•

if a decision is referred to the guidance and appeals panel during the time in which an appeal could be made to the FCA, the end of the period within which an appeal can be made to the FCA from a decision of the guidance and appeals panel, or

•

if a party makes an appeal to the FCA during the appeal period from either a decision of the ART or a decision of the guidance and appeals panel, when the appeal to the FCA is determined.

721. This amendment ensures that the decision of the Tribunal does not take effect and that a deemed carrier license would remain in force until an applicant has exhausted all appeal rights, including to the guidance and appeals panel and to the FCA.

Items 80, 81, 82 and 83: Paragraph 58A(3)(b), subsection 314A(5C), section 554 and subparagraph 556(1)(b)(i)

Terminology changes

722. These items amend terminology. See explanation of general terminology changes above.

Item 84: Subparagraph 557(1)(b)(ii)

Updating legislative reference

723. This item updates a legislative reference, replacing the reference to section 28 of the AAT Act in subparagraph 557(1)(b)(ii) with a reference to the equivalent provision in the ART Bill, clause 268. Section 28 of the AAT Act, and the equivalent provision in the ART Bill, clause 268, allow a person whose interests are affected by a decision to request a statement of reasons from the decision-maker. Subparagraph 557(1)(b)(ii) of the Telecommunications Act 1997 requires that notice of certain decisions under that Act include notice that a person may make a request for a statement of reasons under section 28 of the AAT Act.

724. This amendment is technical in nature and ensures that subparagraph 557(1)(b)(ii) of the Telecommunications Act 1997 continues to operate in substantively the same way, so that a decision-maker must notify relevant persons that they may request a statement of reasons under the ART Bill.

Item 85: Paragraph 561(1)(a)

Terminology changes

725. This item amends terminology. See explanation of general terminology changes above.

Item 86: Paragraph 561(1)(b)

Updating legislative reference

726. This item updates a legislative reference, replacing the reference to section 28 of the AAT Act in paragraph 561(1)(b) with a reference to the equivalent provision in the ART Bill, clause 268. Section 28 of the AAT Act, and the equivalent provision in the ART Bill, clause 268, allow a person whose interests are affected by a decision to request a statement of reasons from the decision-maker. Paragraph 561(1)(b) of the Telecommunications Act 1997 requires that notice of certain decisions under that Act include notice that a person may make a request for a statement of reasons under section 28 of the AAT Act.

727. This amendment is technical in nature and ensures that paragraph 561(1)(b) of the Telecommunications Act 1997 continues to operate in substantively the same way, so that a decision-maker must notify relevant persons that they may request a statement of reasons under the ART Bill.

Items 87, 88, 89, 90 and 91: Section 562 (heading), section 562, clause 35 of Schedule 3 (heading), subclause 35(1) of Schedule 3, subclause 35(2) of Schedule 3

Terminology changes

728. These items amend terminology. See explanation of general terminology changes above.

Item 92: Subclause 35(4) of Schedule 3 (definition of decision )

Updating definition

729. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Items 93 and 94: Paragraph 57A(3)(b) of Schedule 3A and paragraph 72A(3)(b) of Schedule 3A

Terminology changes

730. These items amend terminology. See explanation of general terminology changes above.

SCHEDULE 13 - PRIME MINISTER AND CABINET

OUTLINE

731. This Schedule contains consequential amendments to the following Acts in the Prime Minister and Cabinet portfolio:

•

Aboriginal and Torres Strait Islander Act 2005

•

Aboriginal and Torres Strait Islander Commission Amendment Act 2005

•

Corporations (Aboriginal and Torres Strait Islander) Act 2006

AMENDMENTS

General terminology changes

732. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions under those laws continue to operate in substantively the same way in the new Tribunal.

Aboriginal and Torres Strait Islander Act 2005

Items 1, 2, 3, 4 and 5: Subsection 143R(2), section 181B, section 196A (heading), subsection 196A(1) and subsection 196A(2)

Terminology changes

733. These items amend terminology. See explanation of general terminology changes above.

Aboriginal and Torres Strait Islander Commission Amendment Act 2005

Item 6: Subitem 208(1) of Schedule 1

Terminology changes

734. This item amends terminology. See explanation of general terminology changes above.

Corporations (Aboriginal and Torres Strait Islander) Act 2006

Items 7, 8, 9 and 10: Subsection 404-15(7), section 614.1 (paragraph beginning "Division 620") and section 614.1 (paragraph beginning "Division 623")

Terminology changes

735. These items amend terminology. See explanation of general terminology changes above.

Item 11: Subsection 617-10(5)

Terminology changes and updating legislative references

736. This item amends terminology and updates a legislative reference to the AAT Act with the equivalent provision of the ART Bill. This amendment is technical in nature and ensures that subsection 617-10(5) of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 continues to operate in substantively the same way in the new Tribunal. See explanation of general terminology changes above.

Items 12, 13 and 14: Division 623 (heading), section 623-1 (heading), section 623-1

Terminology changes

737. These items amend terminology. See explanation of general terminology changes above.

Item 15: Section 700-1 (definition of AAT )

Terminology changes

738. This item removes the definition of AAT to reflect modern drafting practices.

SCHEDULE 14 - TREASURY

OUTLINE

739. This Schedule contains consequential amendments to the following Acts in the Treasury portfolio:

•

Banking Act 1959

•

Financial Institutions Supervisory Levies Collection Act 1998

•

Financial Sector (Collection of Data) Act 2001

•

Insurance Acquisitions and Takeovers Act 1991

•

Insurance Act 1973

•

Life Insurance Act 1995

•

Private Health Insurance (Prudential Supervision) Act 2015

•

Product Grants and Benefits Administration Act 2000

AMENDMENTS

General terminology changes

740. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that relevant provisions continue to operate in substantively the same way in the new Tribunal.

Banking Act 1959

Item 1: Paragraph 22A(5)(c)

Terminology change

741. This item amends terminology. See explanation of general terminology changes above.

Item 2: Section 51A (definition of decision )

Updating definition

742. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Item 3: Subsection 51C(1)

Terminology change

743. This item amends terminology. See explanation of general terminology changes above.

Item 4: Subsection 51C(2)

Period for making applications for deemed decisions

744. This item amends subsection 51C(2) of the Banking Act 1959 to provide a time period for making an application for review for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period (a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed and ending 28 days after the day on which the decision is taken to be confirmed.

745. The subsection also stipulates that the timeframes for deemed decisions applies despite clause 18 of the ART Bill. Clause 18 of the ART Bill states that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

746. The amendment is technical in nature and ensures that subsection 51C(2) continues to operate in substantively the same way in the Tribunal.

Item 5: Subsection 51C(3)

Operation of decision despite request for internal review

747. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide the Tribunal's power to stay or otherwise affect the operation or implementation of a decision. In the absence of such an order, the decision under review continues to operate. Subsection 51C(3) provides that a request for internal review is taken to be an application to the Tribunal for review of the decision for the purposes of section 41 of the AAT Act.

748. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal may deal with that application under clause 32 of the ART Bill.

749. This amendment is technical in nature and ensures that subsection 51C(3) operates in substantively the same way in relation to the Tribunal.

Item 6: After subsection 51C(3)

Clarifying that only the Tribunal may make such orders

750. This item inserts a new subsection (4) to clarify that only the Tribunal (as opposed to a decision-maker) can make an order under subclause 32(2) of the ART Bill. This brings the provision into line with similar legislation in the Treasury portfolio which contain such a clarification, such as section 67 of the Insurance Acquisitions and Takeovers Act 1991.

Items 7, 8, 9 and 10: Paragraph 51D(1)(b) and subsection 51D(4)

Terminology changes

751. These items amend terminology. See explanation of general terminology changes above.

Financial Institutions Supervisory Levies Collection Act 1998

Item 11: Subsection 27(6)

Terminology change

752. This item amends terminology. See explanation of general terminology changes above.

Item 12: Subsection 27(7)

Period for making applications for deemed decisions

753. This item amends subsection 27(7) of the Financial Institutions Supervisory Levies Collection Act 1998 to provide a time period for making an application for review for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period (a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed and ending 28 days after the day on which the decision is taken to be confirmed.

754. The subsection also stipulates that the timeframes for deemed decisions applies regardless of clause 18 of the ART Bill. Clause 18 of the ART Bill provides that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

755. The amendment is technical in nature and ensures that subsection 27(7) continues to operate in substantively the same way in the Tribunal.

Item 13: Subsection 27(8)

Operation of decision despite request for internal review

756. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide the Tribunal's power to stay or otherwise affect the operation or implementation of a decision. In the absence of such an order, the decision under review continues to operate. Subsection 27(8) provides that a request for internal review is taken to be an application to the Tribunal for review of the decisions for the purposes of section 41 of the AAT Act.

757. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal can deal with the application under clause 32 of the ART Bill.

758. This amendment is technical in nature and ensures that subsection 27(8) operates in substantively the same way in relation to the Tribunal.

Item 14: Subsection 27(9)

Repealing provision no longer necessary

759. This item repeals subsection 27(9) which provides that review of decisions under section 27 of the Financial Institutions Supervisory Levies Collection Act 1998 must take place in private. Repealing this subsection has the effect that clauses 69 and 70 of the ART Bill will instead apply to review of these decisions. Clause 69 generally requires public hearings, except where practice directions or the Tribunal require the hearing to take place in private. Clauses 69 and 70 empower the Tribunal to give directions as to the persons who may be present and directions about non-publication and non-disclosure equivalent to those referred to in subsections 35(3) and (4) of the AAT Act.

Clarifying that only the Tribunal may make such orders

760. This item inserts a new subsection (9) to clarify that only the Tribunal (as opposed to a decision-maker) can make an order under subclause 32(2) of the ART Bill. This brings the provision into line with other similar legislation in the Treasury portfolio which contain such a clarification, such as section 67 of the Insurance Acquisitions and Takeovers Act 1991.

Items 15 and 16: Paragraph 28(1)(b) and subsection 28(2)

Terminology changes

761. These items amend terminology. See explanation of general terminology changes above.

Financial Sector (Collection of Data) Act 2001

Items 17 and 18: Paragraph 25A(2)(b)

Terminology changes

762. These items amend terminology. See explanation of general terminology changes above.

Item 19: Paragraphs 25C(3)(b) to (d)

Updating legislative reference and repealing provisions no longer necessary

763. This item repeals paragraphs 25C(3)(b), (c) and (d) which detail notification requirements for APRA decisions. Currently, notification requirements include:

•

findings on material questions of fact

•

any evidence or materials that were used in the findings

•

APRA's reasons for confirming, revoking or varying the decision; and

•

a statement outlining a person's rights to seek a reconsideration of decision and to make an application to the AAT for review.

764. New paragraph 25C(3)(b) provides that it must include a statement of reasons within the meaning of the ART Bill. This reflects that the term 'statement of reasons' is now defined in clause 4 of the ART Bill.

Items 20, 21 and 22: Subparagraph 25C(3)(e)(ii), section 25D (heading) and subsection 25D(1)

Terminology changes

765. These items amend terminology. See explanation of general terminology changes above.

Items 23 and 24: Subsection 25D(2) and paragraph 25D(2)(b)

Period for making applications for deemed decisions

766. This item amends subsection 25D(2) and paragraph 25D(2)(b) of the Financial Sector (Collection of Data) Act 2001 to provide a time period for reviews for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period ( a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed.

767. The subsection also stipulates that the timeframes apply despite clause 18 of the ART Bill. Clause 18 of the ART Bill provides that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

768. The amendment is technical in nature and ensures that subsection 25D(2), including paragraph 25D(2)(b), continues to operate in substantively the same way in the Tribunal.

Item 25: Subsection 25D(3)

Operation of decision despite request for internal review

769. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide the Tribunal's power to stay or otherwise affect the operation or implementation of a decision. In the absence of such an order, the decision under review continues to operate. Subsection 25D(3) provides that a request for internal review is taken to be an application to the Tribunal for review of the decisions for the purposes of section 41 of the AAT Act.

770. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal can deal with the application under clause 32 of the ART Bill.

771. This amendment is technical in nature and ensures that subsection 25D(3) operates in substantively the same way in relation to the Tribunal.

Item 26: Subsections 25D(4) and (5)

Repealing provision no longer necessary

772. This item repeals subsections 25D(4) and (5) which provide for the management of specific conflicts of interest of non-presidential members sitting as members of the AAT for certain proceedings. Repealing this section has the effect that the general duty in clause 218 of the ART Bill for all members of the Tribunal to disclose and manage conflicts of interest will apply to review of decisions made under the Financial Sector (Collection of Data) Act 2001.

773. Under clause 218 of the ART Bill, all members of the Tribunal have a general duty to disclose any actual or potential conflicts of interest to the President of the Tribunal. If a member has a conflict of interest, they must not take part in the proceeding or exercise any powers in relation to the proceeding unless the parties involved and the President have consented. Clause 219 also requires the President to keep a register of any conflict of interest disclosures made under clause 218.

Item 27: Subsection 25D(6)

Updating legislative references

774. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 41(2) of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in subclause 32(2) of the ART Bill. This amendment is technical in nature and ensures subsection 25D(6) of the Financial Sector (Collection of Data) Act 2001 continues to operate in the same way in the Tribunal.

Item 28: Section 31 (definition of decision)

Updating definition

775. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Insurance Acquisitions and Takeovers Act 1991

Item 29 and 30: Section 67 (heading) and subsection 67(1)

Terminology changes

776. These items amend terminology. See explanation of general terminology changes above.

Item 31: Subsection 67(2)

Period for making applications for deemed decisions

777. This item amends subsection 67(2) of the Insurance Acquisitions and Takeovers Act 1991 to provide a time period for making an application for review for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period (a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed.

778. The subsection also stipulates that the timeframes applies regardless of clause 18 of the ART Bill. Clause 18 of the ART Bill provides that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

779. The amendment is technical in nature and ensures that subsection 67(2) continues to operate in substantively the same way in the Tribunal.

Item 32: Subsection 67(3)

Operation of decision despite request for internal review

780. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide the Tribunal's power to stay or otherwise affect the operation or implementation of a decision. In the absence of such an order, the decision under review continues to operate. Subsection 67(3) provides that a request for internal review is taken to be an application to the Tribunal for review of the decisions for the purposes of section 41 of the AAT Act.

781. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal can deal with the application under clause 32 of the ART Bill.

782. This amendment is a technical in nature and ensures that subsection 67(3) of the Insurance Acquisitions and Takeovers Act 1991 operates in substantively the same way in relation to the Tribunal.

Item 33: Subsection 67(5)

Repealing provision no longer necessary

783. This item repeals subsection 67(5) which provides for the management of specific conflicts of interest of non-presidential members sitting as members of the AAT for certain proceedings. Repealing this section has the effect that the general duty in clause 218 of the ART Bill for all members of the Tribunal to disclose conflicts of interest will apply to review of decisions made under the Insurance Acquisitions and Takeovers Act 1991.

784. Under clause 218 of the ART Bill, all members of the Tribunal have a general duty to disclose any actual or potential conflicts of interest to the President of the Tribunal. If a member has a conflict of interest, they must not take part in the proceeding or exercise any powers in relation to the proceeding unless the parties involved and the President have consented. Clause 219 also requires the President to keep a register of any conflict of interest disclosures made under clause 218.

Item 34: Subsection 67(6)

Updating legislative references

785. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 41(2) of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in subclause 32(2) of the ART Bill. This amendment is technical in nature and ensures subsection 67(6) of the Insurance Acquisitions and Takeovers Act 1991 continues to operate in substantively the same way in relation to the Tribunal.

Item 35: Subsection 67(7)

Repealing provision no longer necessary

786. This item repeals subsection 67(7), which provides the review of decisions under section 67 of the Insurance Acquisitions and Takeovers Act 1991 must take place in private. Repealing this subsection has the effect that clause 69 of the ART Bill will instead apply to decisions made under section 67.

787. Clause 69 generally requires public hearings, except where practice directions or the Tribunal requires the hearing to take place in private. Clause 69 empowers the Tribunal to give directions for the hearing, or part of the hearing, to take place in private and as to the persons who may be present equivalent to subsection 35(2) of the AAT Act.

Items 36 and 37: Paragraph 68(1)(b), Subsection 68(2)

Terminology changes

788. These items amend terminology. See explanation of general terminology changes above.

Insurance Act 1973

Item 38: Paragraph 26A(5)(c)

Terminology changes

789. These items amend terminology. See explanation of general terminology changes above.

Item 39: Subsection 63(1) (definition of decision )

Updating definition

790. This item updates the definition of decision so that it refers to its meaning under the ART Bill rather than its meaning under the AAT Act. See explanation of general terminology changes above.

Item 40: Subsection 63(7)

Terminology changes

791. This item amends terminology. See explanation of general terminology changes above.

Item 41: Subsection 63(8)

Period for making applications for deemed decisions

792. This item amends subsection 63(8) of the Insurance Act 1973 to provide a time period for making an application for review for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period (a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed.

793. The subsection also stipulates that the timeframes applies regardless of clause 18 of the ART Bill. Clause 18 of the ART Bill provides that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

794. The amendment is technical in nature and ensures that subsection 63(8) of the Insurance Act 1973 continues to operate in substantively the same way in the Tribunal.

Item 42: Subsection 63(9)

Operation of decision despite request for internal review

795. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide the Tribunal's power to stay or otherwise affect the operation or implementation of a decision. In the absence of such an order, the decision under review continues to operate. Subsection 63(9) provides that a request for internal review is taken to be an application to the Tribunal for review of the decisions for the purposes of section 41 of the AAT Act.

796. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal can deal with the application under clause 32 of the ART Bill.

797. This amendment is technical in nature and ensures that subsection 63(9) of the Insurance Act 1973 operates in substantively the same way in relation to the Tribunal.

Item 43: Subsections 63(12) and (12A)

Repealing provisions no longer necessary

798. This item repeals subsections 63(12) and (12A) of the Insurance Act 1973 which provide for the management of specific conflicts of interest of non-presidential members sitting as members of the AAT for certain proceedings. Repealing these provisions has the effect that the general duty in clause 218 of the ART Bill for all members of the Tribunal to disclose conflicts of interest will apply to review of decisions made under the Insurance Act 1973.

799. Under clause 218 of the ART Bill, all members of the Tribunal have a general duty to disclose any actual or potential conflicts of interest to the President of the Tribunal. If a member has a conflict of interest, they must not take part in the proceeding or exercise any powers in relation to the proceeding unless the parties involved and the President have consented. Clause 219 also requires the President to keep a register of any conflict of interest disclosures made under clause 218.

Item 44: Subsection 63(13)

Updating legislative references

800. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 41(2) of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in subclause 32(2) of the ART Bill. This amendment is technical in nature and ensures subsection 63(13) of the Insurance Act 1973 continues to operate in the same way in the Tribunal.

Items 45 and 46: Paragraph 64(1)(b), subsection 64(2)

Terminology changes

801. These items amend terminology. See explanation of general terminology changes above.

Item 47: Subparagraph 93(6)(c)(ii)

Terminology Changes

802. This item amends terminology. See explanation of general terminology changes above.

Updating legislative references

803. This item also updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 44 of the AAT Act prescribes the requirements for a party to make appeals of Tribunal decisions to the FCA on questions of law. This matter is prescribed in clause 172 of the ART Bill. This amendment is technical in nature and ensures subparagraph 93(6)(c)(ii) of the Insurance Act 1973 continues to operative substantively the same way in relation to the tribunal.

Life Insurance Act 1995

Item 48: Subsection 236(8)

Terminology changes

804. This item amends terminology. See explanation of general terminology changes above.

Item 49: Subsection 236(9)

Period for making applications for deemed decisions

805. This item amends subsection 236(9) of the Life Insurance Act 1995 to provide a time period for making an application for review for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period (a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed.

806. The subsection also stipulates that the timeframes applies regardless of clause 18 of the ART Bill. Clause 18 of the ART Bill provides that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

807. The amendment is technical in nature and ensures that subsection 236(9) of the Life Insurance Act 1995 continues to operate in substantively the same way in the Tribunal.

Item 50: Subsection 236(10)

Operation of decision despite request for internal review

808. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide the Tribunal's power to stay or otherwise affect the operation or implementation of a decision. In the absence of such an order, the decision under review continues to operate. Subsection 236(10) provides that a request for internal review is taken to be an application to the Tribunal for review of the decisions for the purposes of section 41 of the AAT Act.

809. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal can deal with the application under clause 32 of the ART Bill.

810. This amendment is technical in nature and ensures that subsection 236(10) of the Life Insurance Act 1995 operates in substantively the same way in relation to the Tribunal.

Item 51: Subsection 237(3)

Repealing provision no longer necessary

811. This item repeals subsection 237(3) of the Life Insurance Act 1995 which provides for the management of specific conflicts of interest of non-presidential members sitting as members of the AAT for certain proceedings. Repealing these provisions has the effect that the general duty in clause 218 of the ART Bill for all members of the Tribunal to disclose conflicts of interest will apply to review of decisions made under the Life Insurance Act 1995.

812. Under clause 218 of the ART Bill, all members of the Tribunal have a general duty to disclose any actual or potential conflicts of interest to the President of the Tribunal. If a member has a conflict of interest, they must not take part in the proceeding or exercise any powers in relation to the proceeding unless the parties involved and the President have consented. Clause 219 also requires the President to keep a register of any conflict of interest disclosures made under clause 218.

Item 52: Subsection 237(4)

Updating legislative references

813. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill.

814. Subsection 41(2) of the AAT Act provides that the AAT may make orders staying or otherwise affecting the implementation of a decision that is under review by the AAT. This matter is prescribed in subclause 32(2) of the ART Bill.

815. This amendment is technical in nature and ensures subsection 237(4) of the Life Insurance Act 1995 operates in substantively the same way in relation to the Tribunal.

Item 53: Paragraph 245C(5)(b)

Terminology changes

816. This item amends terminology. See explanation of general terminology changes above.

Private Health Insurance (Prudential Supervision) Act 2015

Items 54, 55 and 56: Paragraph 122(5)(c), subsection 168(7) (heading) and subsection 168(7)

Terminology changes

817. These items amend terminology. See explanation of general terminology changes above.

Item 57: Subsection 168(8)

Period for making applications for deemed decisions

818. This item amends subsection 168(8) of the Private Health Insurance (Prudential Supervision) Act 2015 to provide a time period for making an application for review for a decision that is taken to be made because a decision-maker has not made an active decision within a specified time period (a 'deemed decision'). The subsection specifies that the time period for making an application to the Tribunal for review of a deemed decision is 28 days beginning on the day after the decision is taken to be confirmed.

819. The subsection also stipulates that the timeframes applies regardless of clause 18 of the ART Bill. Clause 18 of the ART Bill provides that the general timeframe for making an application for review under the ART Bill will be prescribed by rules.

820. The amendment is technical in nature and ensures that subsection 168(8) of the Private Health Insurance (Prudential Supervision) Act 2015 continues to operate in substantively the same way in the Tribunal.

Item 58: Subsection 168(9)

Operation of decision despite request of internal review

821. This item updates a legislative reference to section 41 of the AAT Act with a reference to the equivalent provision in the ART Bill, clause 32. Section 41 of the AAT Act, and the equivalent clause 32 of the ART Bill, provide that a decision that is subject to review by the Tribunal continues to operate, unless the Tribunal makes an order staying or otherwise affecting the operation or implementation of the decision. In the absence of such a provision, the decision under review continues to operate. Subsection 168(9) provides that a request for internal review is taken to be an application to the Tribunal for review of the decisions for the purposes of section 41 of the AAT Act.

822. The effect of this provision is that a request for internal review does not affect the operation of the decision or prevent the taking of an action to implement the decision. However, a person can apply to the Tribunal for an order staying or otherwise affecting the operation or implementation of the decision in this circumstance, and the Tribunal can deal with the application under clause 32 of the ART Bill.

823. This amendment is technical in nature and ensures that subsection 168(9) of the Private Health Insurance (Prudential Supervision) Act 2015 operates in substantively the same way in relation to the Tribunal.

Item 59: At the end of section 168

Clarifying that only the Tribunal may make such orders

824. This item inserts a new subsection (10) to clarify that only the Tribunal (as opposed to a decision-maker) can make an order under subclause 32(2) of the ART Bill. This brings the provision into line with other analogous legislation in the Treasury portfolio which contain such a clarification, such as section 67 of the Insurance Acquisitions and Takeovers Act 1991.

Items 60 and 61: Paragraph 169(1)(b) and subsection 169(2)

Terminology changes

825. These items amend terminology. See explanation of general terminology changes above.

Product Grants and Benefits Administration Act 2000

Item 62: Subsection 24A(4) (paragraph (b) of the definition of decision to which this section applies )

Terminology changes

826. This item amends terminology. See explanation of general terminology changes above.

SCHEDULE 15 - ACTS WITH STATE AND TERRITORY CONSULTATION REQUIREMENTS

OUTLINE

827. This Schedule contains consequential amendments to the following Commonwealth Acts which were subject to requirements under intergovernmental agreements for the Commonwealth to consult with the States and Territories:

•

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

•

Agricultural and Veterinary Chemicals Act 1994

•

Agricultural and Veterinary Chemicals (Administration) Act 1992

•

Agricultural and Veterinary Chemicals Code Act 1994

•

Australian Education Act 2013

•

Criminal Code Act 1995

•

Fair Work Act 2009

•

Gene Technology Act 2000

•

Greenhouse and Energy Minimum Standards Act 2012

•

Mutual Recognition Act 1992

•

National Vocational Education and Training Regulator Act 2011

•

Personal Property Securities Act 2009

•

Research Involving Human Embryos Act 2002

•

Trans-Tasman Mutual Recognition Act 1997

PART 1 - MAIN AMENDMENTS

General terminology changes

828. A number of items in this Schedule make simple terminology changes, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975, and replacing them with references to the Administrative Review Tribunal, the ART and the Administrative Review Tribunal Act 2024. These amendments ensure that the Tribunal has jurisdiction to review decisions that are reviewable by the AAT, and that the relevant provisions continue to operate in substantively the same way in the new Tribunal.

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

Item 1: Subsection 18(9)

Updating legislative references

829. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 29 of the AAT Act prescribes the manner of applying for review to the Tribunal, including the time in which an application for review must be made. This reference has been updated to reflect the equivalent provision in the ART Bill (clause 18).

Item 2: Subsection 18(10)

Updating legislative references

830. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Section 41 of the AAT Act deals with the operation and implementation of a decision that is subject to review. This reference has been updated to reflect the equivalent provision in the ART Bill (clause 32).

Agricultural and Veterinary Chemicals (Administration) Act 1992

Item 3: Paragraphs 69D(1C)(a) and (b)

Terminology changes and updating legislative references

831. This item repeals and substitutes paragraphs 69D(1C)(a) and (b) to reflect terminology and provisions in the ART Bill. The provisions operate in substantively the same way as the existing law. The provisions require the decision-maker to notify relevant persons of their review rights for a decision and that they may request a statement of reasons under the ART Bill.

832. The legislative reference to section 28 of the AAT Act is replaced with a reference to the equivalent provision under the ART Bill (clause 268). Consistent with section 28 of the AAT Act, under clause 268 ART Bill, a person whose interests are affected by a decision may make a written request to the decision-maker to give the person a statement of reasons for the decision.

833. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if such a statement has already been given. Under the equivalent provision in the ART Bill, the decision-maker may refuse the request if the statement of reasons has already been provided for the decision. Although the provision amended by this item does not specifically refer to this equivalent provision as this is unnecessary, a person's right to request reasons is still subject to this qualification.

834. This item replaces the reference to a 'statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision', with a reference to a 'statement of reasons'. The ART Bill includes a definition of a statement of reasons, which includes each of these elements in the original provision.

Agricultural and Veterinary Chemicals Code Act 1994

Item 4: Paragraphs 168(1)(a) and (b) of the Code set out in the Schedule

Terminology changes and updating legislative references

835. This item repeals and substitutes paragraphs 168(1)(a) and (b) to reflect terminology and provisions in the ART Bill. The provisions operate in substantively the same way as the existing law. The provisions require the decision-maker to notify relevant persons of their review rights for a decision and that they may request a statement of reasons under the ART Bill.

836. The legislative reference to section 28 of the AAT Act is replaced with a reference to the equivalent provision under the ART Bill (clause 268). Consistent with section 28 of the AAT Act, under clause 268 of the ART Bill, a person whose interests are affected by a decision may make a written request to the decision-maker to give the person a statement of reasons for the decision.

837. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if such a statement has already been given. Under the equivalent provision in the ART Bill, the decision-maker may refuse the request if the statement of reasons has already been provided for the decision. Although the provision amended by this item does not specifically refer to this equivalent provision as this is unnecessary, a person's right to request reasons is still subject to this qualification.

838. This item replaces the reference to a 'statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision', with a reference to a 'statement of reasons'. The ART Bill includes a definition of a statement of reasons, which includes each of these elements in the original provision.

Australian Education Act 2013

Item 5: Subsection 122(4)

Updating legislative references

839. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 27(1) of the AAT Act provides that a person whose interests are affected by a reviewable decision may apply to the Tribunal for review of the decision. This reference has been updated to reflect the equivalent provision in the ART Bill (clause 17).

Criminal Code Act 1995

Items 6 and 7: Section 72.30 of the Criminal Code (heading) and subsections 72.30(1) and (2) of the Criminal Code

Terminology changes

840. These items amend terminology. See explanation of general terminology changes above.

Item 8: Paragraph 105.47(2)(f) of the Criminal Code

Annual report

841. This item amends paragraph 105.47(2)(f) to omit the words "or that the Administrative Appeals Tribunal has declared to be void". This is consequential to the amendments outlined in item 9 which repeal subsubsections 105.51(5) to (9).

Item 9: Subsections 105.51(5) to (9) of the Criminal Code

Review of preventative detention order decisions

842. This item repeals subsections 105.51(5) to (9) of the Criminal Code. Subsections 105.51(5) to (9) enable the Administrative Appeals Tribunal to review PDO decisions on their merits, void such decisions, and award compensation to an affected person. The effect of this item is to remove the ability for individuals to seek administrative review of PDO decisions, and leave the review of PDO decisions to the purview of the courts, pursuant to existing judicial review mechanisms.

843. Judicial review of PDO decisions is provided for under existing subsection 105.51(1) and section 105.52 of the Criminal Code, as well as section 39B of the Judiciary Act 1903 and section 75(v) of the Constitution.

844. Providing for only judicial review of PDO decisions is appropriate and addresses the risk that sections 105.51(5) and (7) of the Criminal Code could be construed as vesting federal judicial power in a body other than a court, contrary to Chapter III of the Constitution. It also reflects the seriousness and extraordinary nature of PDO decisions, and the courts' expertise in handling such matters.

845. The remedies currently available to an affected individual through the administrative review mechanism (voiding of a PDO decision and an award of compensation) are also available through judicial review.

Fair Work Act 2009

Items 10 and 11: Section 12

Updating definitions

846. These items repeal the defined term 'AAT presidential member' and replace it with the new term defined term 'ART President or Deputy President'.

847. The new term 'ART President or Deputy President' covers the equivalent roles to those covered by the term 'AAT presidential member'. This amendment is technical in nature and ensures that that the Fair Work Act 2009 continues to operate in substantively the same way in relation to the Tribunal.

Gene Technology Act 2000

Items 12: Subsection 19(3)

Terminology change

848. This item repeals and substitutes subsection 19(3) to update terminology, but otherwise retains the effect that the ART Bill applies to a 'corresponding State law' (within the meaning of the Gene Technology Act 2000). The substituted subsection 19(3) reflects the terminology of the ART Bill, which does not use the term 'enactment' in this context.

Greenhouse and Energy Minimum Standards Act 2012

Items 13 and 14: Section 3 (paragraph beginning "Decisions about registration") and section 163 (paragraph beginning "Reviewable decisions made by")

Terminology changes

849. These items amend terminology. See explanation of general terminology changes above.

Item 15: Subsection 167(3)

Updating legislative references

850. This item updates a legislative reference to a provision of the AAT Act to instead refer to the equivalent provision of the ART Bill. Subsection 27(1) of the AAT Act provides that a person whose interests are affected by a reviewable decision may apply to the Tribunal for review of the decision. This reference has been updated to reflect the equivalent provision in the ART Bill (subclause 17(1)).

Mutual Recognition Act 1992

Item 16: Paragraphs 34(3)(a) and (b)

Terminology changes and updating legislative references

851. This item repeals and substitutes paragraphs 34(3)(a) and (b) to reflect terminology and provisions in the ART Bill. The provisions operate in substantively the same way as the existing law. The provisions require the decision-maker to notify relevant persons of their review rights for a decision and that they may request a statement of reasons under the ART Bill.

852. The legislative reference to section 28 of the AAT Act is replaced with a reference to the equivalent provision under the ART Bill (clause 268). Consistent with section 28 of the AAT Act, under clause 268 ART Bill, a person whose interests are affected by a decision may make a written request to the decision-maker to give the person a statement of reasons for the decision.

853. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if such a statement has already been given. Under the equivalent provision in the ART Bill, the decision-maker may refuse the request if the statement of reasons has already been provided for the decision. Although the provision amended by this item does not specifically refer to this equivalent provision as this is unnecessary, a person's right to request reasons is still subject to this qualification.

854. This item replaces the reference to a 'statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision', with a reference to a 'statement of reasons'. The ART Bill includes a definition of a statement of reasons, which includes each of these elements in the original provision.

National Vocational Education and Training Regulator Act 2011

Item 17: Subsection 59(2)

Time when Tribunal decisions come into effect

855. This item amends subsection 59(2) to clarify when the cancellation of a person's VET qualification or VET statement of attainment takes effect.

856. Subsection 59(2) provides that, if the conditions in paragraphs 59(2)(a) to (c) are met, the cancellation takes effect when an appeal to the AAT relating to the cancellation decision is 'finally determined or otherwise disposed of'. This item replaces the reference to the time when the 'appeal is finally determined or otherwise disposed of' with a reference to the time when the 'decision of the Tribunal comes into operation'. The effect of this amendment is to remove the ambiguity associated with the existing subsection and provide clarity as to when a cancellation decision takes effect.

Item 18: Subsection 197(3)

Terminology changes

857. This item repeals and substitutes subsection 197(3) to update terminology, but otherwise retains the effect that the ART Bill applies to a 'corresponding State law' (within the meaning of the National Vocational Education and Training Regulator Act 2011). The substituted subsection 197(3) reflects the terminology of the ART Bill, which does not use the term 'enactment' in this context.

Research Involving Human Embryos Act 2002

Item 19: Subsection 45(3)

Terminology changes

858. This item repeals and substitutes subsection 45(3) to update terminology, but otherwise retains the effect that the ART Bill applies to a 'corresponding State law' (within the meaning of the Research Involving Human Embryos Act 2002). The substituted subsection 45(3) reflects the terminology of the ART Bill, which does not use the term 'enactment' in this context.

Trans-Tasman Mutual Recognition Act 1997

Item 20: Subsection 4(1) (definition of Australian Tribunal )

Terminology changes

859. This item amends terminology. See explanation of general terminology changes above.

Item 21: Paragraphs 33(3)(a) and (b)

Terminology changes and updating legislative references

860. This item repeals and substitutes paragraphs 33(3)(a) and (b) to reflect terminology and provisions in the ART Bill. The provisions operate in substantively the same way as the existing law. The provisions require the decision-maker to notify relevant persons of their review rights for a decision and that they may request a statement of reasons under the ART Bill.

861. The legislative reference to section 28 of the AAT Act is replaced with a reference to the equivalent provision under the ART Bill (clause 268). Consistent with section 28 of the AAT Act, under clause 268 ART Bill, a person whose interests are affected by a decision may make a written request to the decision-maker to give the person a statement of reasons for the decision.

862. Subsection 28(4) of the AAT Act provides that a person is not entitled to request a statement of reasons if such a statement has already been given. Under the equivalent provision in the ART Bill, the decision-maker may refuse the request if the statement of reasons has already been provided for the decision. Although the provision amended by this item does not specifically refer to this equivalent provision as this is unnecessary, a person's right to request reasons is still subject to this qualification.

863. This item replaces the reference to a 'statement in writing setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision', with a reference to a 'statement of reasons'. The ART Bill includes a definition of a statement of reasons, which includes each of these elements in the original provision.

Item 22: Subsection 35(3)

Updating legislative references

864. This item updates the legislative reference to the AAT Act with the equivalent provision of the ART Bill. Paragraph 19A(1)(a) of the AAT Act empowers the President to give written directions in relation to members who are to constitute the AAT for the purposes of a proceeding. This reference has been updated to reflect the equivalent provision in the ART Bill (subclause 37(1)).

Item 23: Subsection 35(5)

Updating terminology and legislative references

865. This item updates terminology and replaces references to provisions of the AAT Act with the broadly equivalent provisions of the ART Bill.

866. Subsection 35(5) of the Trans-Tasman Mutual Recognition Act provides that a reference to a 'member' in specified parts of the AAT Act includes a reference to a person included in a direction under subsection 35(3) of the Trans-Tasman Mutual Recognition Act. This item replaces the references to the specified parts of the AAT Act with references to the broadly equivalent parts of the ART Bill. This is intended to retain the effect of subsection 35(5), so that members of the New Zealand Tribunal who constitute the Tribunal for the purposes of a proceeding (pursuant to a direction under subsection 35(3)) will have the same status and powers as members of the Tribunal.

PART 2 - BULK AMENDMENTS

Items 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36: Various provisions to Commonwealth Acts requiring consultation with States and Territories

Bulk terminology changes

867. These items include tables which make bulk amendments to the following Commonwealth Acts:

•

Agricultural and Veterinary Chemical Products (Collection of Levy) Act 1994

•

Agricultural and Veterinary Chemicals Act 1994

•

Agricultural and Veterinary Chemicals (Administration) Act 1992

•

Agricultural and Veterinary Chemicals Code Act 1994

•

Australian Education Act 2013

•

Fair Work Act 2009

•

Gene Technology Act 2000

•

Greenhouse and Energy Minimum Standards Act 2012

•

Mutual Recognition Act 1992

•

National Vocational Education and Training Regulator Act 2011

•

Personal Properties Securities Act 2009

•

Research Involving Human Embryos Act 2002

•

Trans-Tasman Mutual Recognition Act 1997

868. These items amend terminology. See explanation of general terminology changes above.

SCHEDULE 16 - ADMINISTRATIVE REVIEW TRIBUNAL ACT 2024

OUTLINE

869. This Schedule contains consequential amendments to the Administrative Review Tribunal Act 2024. In particular, the schedule repeals references to preventative detention orders in the ART Bill, consequential to the amendments in items 6-9 of Schedule 15, thus leaving decisions with respect to the validity of PDO decisions entirely within the purview of the courts.

AMENDMENTS

Item 1: Section 4 (paragraph (e) of the definition of agency head)

870. This item repeals paragraph (e) of the definition of agency head. Paragraph (e) provides that in relation to a preventative detention decision, 'agency head' means the AFP Commissioner. This amendment is consequential to the amendments in item 9 of Schedule 15 which repeal subsections 105.51(5) to (9) of the Criminal Code.

Item 2: Section 4 (paragraph (d) of the definition of intelligence and security decision)

871. This item repeals paragraph (d) of the definition of intelligence and security decision, with the effect of removing preventative detention decisions from that definition. This is consequential to the amendments in item 9 of Schedule 15 which repeal subsections 105.51(5) to (9) of the Criminal Code.

Item 3: Section 4 (definition of preventative detention decision)

872. This item repeals the definition of preventative detention decision. This is consequential to the amendments outlined in item 9 of Schedule 15 which repeal subsections 105.51(5) to (9) of the Criminal Code.

Item 4: Subsection 135(2) (table item 3)

873. This item repeals table item 3 of subsection 135(2), which sets out the person taken to be decision-maker for preventative detention decisions. This is consequential to the amendments in item 9 of Schedule 15 which repeal subsections 105.51(5) to (9) of the Criminal Code.

Item 5: Subsection 137(2) (table item 3)

874. This item repeals table item 3 of subsection 137(2), which sets out relevant bodies for preventative detention decisions. This is consequential to the amendments in item 9 of Schedule 15 which repeal subsections 105.51(5) to (9) of the Criminal Code.

Item 6: Subsection 138(1)

875. This item repeals subsection 138(1) and substitutes the text to clarify that section 138 applies in relation to an intelligence and security decision, other than an exempt security record decision. The effect of this amendment is to remove the reference to preventative detention order decisions from the list of intelligence and security decisions in relation to which section 138 does not apply. This is consequential to the amendment in item 2, which removes preventative detention decisions from the definition of intelligence and security decision, and the amendments in item 9 of Schedule 15 which repeal subsections 105.51(5) to (9) of the Criminal Code.

Item 7: Subsection 140(1)

876. This item repeals subsection 140(1) and substitutes the text to clarify that section 140 applies in relation to an intelligence and security decision, other than an exempt security record decision. The effect of this amendment is to remove the reference to preventative detention order decisions from the list of intelligence and security decisions in relation to which section 140 does not apply. This is consequential to the amendment in item 2, which removes preventative detention decisions from the definition of intelligence and security decision, and the amendments in item 9 of Schedule 15 which repeal subsections 105.51(5) to (9) of the Criminal Code.

Item 8: Paragraph 145(1)(a)

877. This item omits the words "other than a proceeding for review of a preventative detention decision" from paragraph 145(1)(a). This is consequential to the amendment in item 2, which removes preventative detention decisions from the definition of intelligence and security decision, and the amendments in item 9 of Schedule 15 which repeal subsections 105.51(5) to (9) of the Criminal Code.

Item 9: Section 146

878. This item repeals section 146, which relates to the constitution of the Tribunal for preventative detention decisions. This is consequential to the amendments in item 9 of Schedule 15 which repeal subsections 105.51(5) to (9) of the Criminal Code.

Item 10: Subsection 147(2) (table item 3)

879. This item repeals table item 3 of subsection 147(2) which sets out the parties to proceedings in relation to preventative detention decisions. This is consequential to the amendments in item 9 of Schedule 15 which repeal subsections 105.51(5) to (9) of the Criminal Code.

Item 11: Section 164

880. This item repeals section 164, which relates to preventative detention decisions. This is consequential to the amendments in item 9 of Schedule 15 which repeal subsections 105.51(5) to (9) of the Criminal Code.

Item 12: Paragraph 165(a)

881. This item repeals paragraph 165(a), and substitutes the text to clarify that Subdivision B of Division 5 of Part 6 applies in relation to the review of an intelligence and security decision other than an exempt security record decision. The effect of this amendment is to remove the reference to preventative detention decisions from the list of intelligence and security decisions in relation to which this subdivision does not apply. This is consequential to the amendment in item 2, which removes preventative detention decisions from the definition of intelligence and security decision, and the amendments in item 9 of Schedule 15 which repeal subsections 105.51(5) to (9) of the Criminal Code.