Stephen Bates (Brisbane, Australian Greens) Share this | Hansard source

The Attorney-General's Portfolio Miscellaneous Measures Bill 2023 makes miscellaneous changes to Attorney-General matters, including removing the legislative framework for the recently abolished Native Title Respondent Funding Scheme. We understand that it is this minor administrative aspect of the bill that the opposition opposes. The Greens will be supporting the bill here today, but we reserve our position in the Senate as we continue discussions with stakeholders about the matters that have been raised.

Schedule 1 amends the ASIC Act, Corporations Act, Judiciary Act, NCCP Act, SI(S) Act to confer jurisdiction on the Federal Court to hear and determine a range of summary and indictable offences relating to entities and conduct against those acts and the Criminal Code within the regulatory remit of ASIC. This new jurisdiction makes sense for the Federal Court, which has significant relevant expertise.

Schedule 2 will allow the sheriff to request a state or territory jury official, with the consent of the relevant state or territory, to prepare and provide a jury panel to the sheriff, thereby streamlining the process. Schedule 3 amends the Marriage Act to enable an authorised witness to remotely witness the signing of the notice of marriage by the parties to the marriage. It also creates the position of deputy registrar of marriage celebrants, changes some paperwork requirements for celebrants, allows for refunds of marriage celebrant fees and says a celebrant must be physically present at a marriage. I can foreshadow that the Greens may be moving amendments in the Senate to address some technical impacts of the current laws regarding marriage celebrants.

Schedule 4 repeals obsolete legislation, including the legislative framework underpinning the now-abolished native title respondent scheme. This scheme was abolished as an election commitment from Labor and has not been funded in the last budget. Funding respondents to native title claims without means-testing tips the scales towards wealthy landowners and miners and can act as a real impediment to First Nations communities getting fair outcomes under the native title scheme. As I said, we will be supporting the bill in the House but reserving our position, pending amendments, in the Senate.

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