Christian Porter (Pearce, Liberal Party, Attorney-General) Share this | Hansard source

I thank the honourable member for his contribution to this debate. As has been summarised, the purpose of the Civil Law and Justice Legislation Amendment Bill 2018 is to make minor, technical and uncontroversial amendments to civil justice legislation in order to improve its operation and clarity. The bill compiles minor amendments to civil law and justice legislation. Amendments to the Acts Interpretation Act and the Legislation Act would clarify the validity of ministerial actions and the operation of provisions about the management of compilations prepared for the Federal Register of Legislation. Amendments to the Archives Act would provide the National Archives of Australia with an enhanced ability to appropriately manage high-volume applications requesting access to records and would make other minor technical amendments, including repealing outdated provisions that do not affect the archives' current services or technology advances. The amendments to the Bankruptcy Act would clarify that the Family Court of Australia has bankruptcy jurisdiction when a trustee applies to have a financial agreement set aside under the Family Law Act.

An amendment to the Domicile Act would amend the act so that it applies to territories currently specified in the regulations. An amendment to the Evidence Act would update the presumption about when postal articles sent by prepaid post are received to accord with changes to Australia Post delivery times. Amendments to the Family Law Act would strengthen Australia's response to international parental child abduction, clarify the range of persons who may discharge the powers of registry managers in the Family Court of Australia and improve consistency in the application of provisions for de facto and married couples.

The bill also includes amendments to update arrest, entry and search provisions under the Family Law Act and adds additional safeguards about the exercise of those powers, which have been summarised by the shadow Attorney-General just now. The amended arrest provisions are better tailored to the needs of the Family Court and bring the provisions in line with equivalent regimes exercising arrest powers. The list of arresters under the Family Law Act would clarify those persons who can make arrests. Under the present provision, the court may authorise any person to make an arrest. The proposed list is narrower. It identifies appropriate law enforcement officers and is consistent with the list of authorised persons in the Family Law Rules and the Federal Circuit Court Rules.

It is appropriate that the list of persons who can be authorised as arresters under the Family Law Act continues to include Australian Border Force officers, who will provide support to combat instances of international child abduction. Like other law enforcement officers, Australian Border Force officers are to and do undertake structured and specialised training in arrest powers. The Australian Border Force college provides training, which includes face-to-face training with legal officers on the parameters surrounding the use of the power, discussions with experienced ABF officers who have used these powers in the past, and practical scenario training to assess an officer's understanding of the use of the power in an operational context. Only ABF officers who have received training in relation to arrest, entry and search powers and their limitations would exercise those powers in operating environments.

The bill would also make minor and technical amendments to the Family Law Act to clarify definitions and remove redundant positions. Amendments to the International Arbitration Act would specify the meaning of 'competent court' for the purpose of the model law, clarify procedural requirements for an enforcement of an arbitral award, modernise provisions governing arbitrator's powers to award cost in international commercial arbitrations and clarify the application of confidentiality provisions to arbitrations subject to the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration. Amendments to the Marriage Act would remove outdated concepts and ensure consistency with the Family Law Act in relation to parental consent for the marriage of minors.

Technical amendments of minor policy significance would also be made to improve the operation of the Commonwealth Marriage Celebrants program. The registrar of overseas marriages would also be reinstated, remedying a defect in the existing legislation. An amendment to the Sex Discrimination Act would repeal section 43 of that act to remove the ability for women to be discriminated against in connection with employment, engagement or appointment in ADF positions involving combat duties.

The bill, as has been noted, has had the benefit of the scrutiny of the Senate Legal and Constitutional Affairs Legislation Committee and the Senate Standing Committee for the Scrutiny of Bills. I would like to thank these committees for their consideration of the bill. I note the amendments responding to the issues raised by these committees were passed in the Senate.

In conclusion, this bill will make minor and technical amendments to improve the efficiency and operation of the civil justice system and provide individuals with greater access to justice. I thank the members for their contribution and commend the bill to the House.

Question agreed to.

Bill read a second time.

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