House of Representatives

Revised Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Honourable Philip Ruddock MP)

Notes on clauses

Clause 1 - Short Title

This is a formal clause providing for the Bill, once enacted, to be cited as the Administrative Appeals Tribunal Amendment Act 2004.

Clause 2 - Commencement

This clause provides for the commencement of the Bill.

Subclause 2(1) provides that each provision of the Bill specified in column 1 of the table incorporated in that subclause commences or is taken to have commenced on the day or at the time specified in column 2 of the table.

Item 1 of the table provides that sections 1 to 3 and anything not covered elsewhere in the table commence on the day the Act receives the Royal Assent.

Item 2 of the table provides that items 1 to 110 of Schedule 1 commence on a single day to be fixed by Proclamation. However, if any of the provisions do not commence within the period of 6 months of the Act receiving Royal Assent, they commence on the first day after the end of that period.

Item 3 of the table provides that item 111 of Schedule 1 commences on the day the Act receives Royal Assent. Item 111 allows for the making of an authorisation pursuant to new subsection 33(4), inserted by item 110, before the commencement of that section. However, such authorisations do not come into operation until item 111 commences.

Item 4 of the table provides that items 112 to 180 of Schedule 1 commence at the same time as the provisions covered by item 2 of the table.

Item 5 of the table provides that item 181 of Schedule 1 commences on the day the Act receives Royal Assent. Item 181 allows for the making of an authorisation pursuant to new section 59A, inserted by item 180, before the commencement of that section. However, such authorisations do not come into operation until item 181 commences.

Item 6 of the table provides that items 182 to 236 of Schedule 1 commence at the same time as the provisions covered by item 2 of the table.

Subclause 2(2) provides that column 3 of the table incorporated in subclause 2(1) is for additional information that does not form part of the Act, and that such additional information in that column may be added to or edited in any published version of the Act.

Clause 3 - Schedule(s)

This is a formal clause providing that each Act specified in a Schedule to the Act is amended or repealed as set out in the applicable items in the Schedule concerned and that any other item in a Schedule has effect according to its terms. Schedule 1 of the Bill amends the Administrative Appeals Tribunal Act 1975, the Archives Act 1983, the Commonwealth Electoral Act 1918, the Environment Protection and Biodiversity Conservation Act 1999, the Federal Proceedings (Costs) Act 1981, the Freedom of Information Act 1982, the Insurance Acquisitions and Takeovers Act 1991, the Insurance Act 1973, the Judges' Pensions Act 1968, the Lands Acquisition Act 1989, the Life Insurance Act 1995, the Migration Act 1958, the Military Rehabilitation and Compensation Act 2004, the Narcotic Drugs Act 1967, the Privacy Act 1988, the Safety, Rehabilitation and Compensation Act 1988, the Seafarers Rehabilitation and Compensation Act 1992, the Superannuation Act 1976 and the Trans-Tasman Mutual Recognition Act 1997.