House of Representatives

Supplementary Explanatory Memorandum

(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)

NOTES ON AMENDMENTS

Amendment 1

1. Amendment 1 amends Item 1 by omitting subsections 18C(5) and (6) and substituting new subsection18C(5). This amendment provides that authorisations given to both Ministers and members of the Executive Council must be in writing. This will ensure that it is easier to ascertain the decision maker when seeking to review or challenge an administrative decision.

Amendment 2

2. Amendment substitutes new Item 2 which provides for the validation of past authorisations purported to be given by a Minister to another Minister or member of the Executive Council before the commencement of new section 18C (item 1).

3. This amendment will ensure that any purported past authorisation given by a Minister, whether in writing or orally, is taken to have been validly given. It also provides for such authorisations to be revoked in writing by the authorising Minister at any time.

Amendment 3

4. Item 5 of the Bill provides for the validation of past acts purported to be done on behalf of a portfolio Minister by another Minister in the portfolio before the commencement of the amendment to section 19(A)(1). This amendment inserts the word duty after function. This will ensure that all relevant past acts are validated.

Amendments 4 and 5

5. Amendments 4 and 5 correct a drafting error.