Peter Dutton (Dickson, Liberal Party, Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

I present the explanatory memorandum to this bill and move:

That this bill be now read a second time.

The Civil Law and Justice Legislation Amendment Bill 2014 is an omnibus bill which will amend sections of the Bankruptcy Act 1966, the Copyright Act 1968, the Court Security Act 2013, the Evidence Act 1995, the Family Law Act 1975, the International Arbitration Act 1974, and the Protection of Movable Cultural Heritage Act 1986. The bill will make minor and technical amendments to provide more clarity to the legislation, correct legislative oversights and amend obsolete provisions. The combined effect of these amendments will improve the efficiency and operation of the justice system administered by the Attorney-General's portfolio.

Summary of bill

The government is determined to reduce regulation and make laws clear and accessible. Some of the provisions in this bill go directly towards implementing the government's deregulation agenda. For example, the amendments to the Copyright Act will reduce the impact of the legal deposit scheme on publishers. At present, publishers of certain literary, dramatic, musical or artistic works must deliver copies of their works in print form. The amendments will provide for publishers to submit their works electronically, which will reduce the time and cost burden on the industry.

The government aims to make all Commonwealth legislation coherent, readable and accessible to the widest possible audience. To this end, the Court Security Act will be amended to clarify the process by which court security orders can be varied and revoked. Minimising confusion creates a fairer and more accessible justice system. The Court Security Act amendments will also address court management issues by extending the authority to hold and dispose of unclaimed dangerous items.

Amendments to the Evidence Act will increase consistency with the Uniform Evidence Bill for greater cross jurisdictional compliance.

The bill will also amend the International Arbitration Act to clarify its application, providing certainty for private parties who entered into arbitration agreements before the International Arbitration Act was last amended in 2010.

Minor, technical amendments contained in the bill will improve the operation of the Family Law Act by correcting errors and ensuring the use of consistent language. The bill will also amend the Family Law Act to explicitly permit the provision of certain information relating to family law proceedings to child welfare authorities. This amendment will ensure that child welfare authorities have access to any relevant material to enable them to better protect children.

The amendments to the Bankruptcy Act will ensure that assistance received under the National Disability Insurance Scheme is not distributed to a bankrupt's creditors. The amendments also modernise the drafting of offences under the act and ensure that they have kept up with modern technology. Additionally the amendments will enhance the Australian Financial Security Authority's capacity to act as a special trustee for other government agencies. In its special trustee role the Australian Financial Security Authority seizes and sells property pursuant to a court order in relation to a debt owed to the Commonwealth or a Commonwealth agency. The bill will add currency and ease of application to the legal system as it stands today. Significantly, the bill will facilitate the removal of obsolete and redundant clauses. For example, the bill will amend the Family Law Act to remove obsolete requirements for annual publication of certain information, as well as to repeal an obsolete definition. And the bill will amend the Evidence Act to remove obsolete provisions and references to the operation of the Evidence Act in relation to the Australian Capital Territory.

The bill reflects the government's commitment to better equip Australia to meet the needs of industry and consumers in the digital age. For example, the amendments to the Copyright Act will allow the National Library of Australia to collect not only our print history but also our digital history.

Conclusion

In conclusion, the intention of this bill is to make minor and technical amendments to a number of acts in order to increase access to justice for all Australians by removing ambiguity in legislation and streamlining legal processes. The bill will increase the currency, clarity and consistency of legislation administered by the Attorney-General's portfolio. Significantly, the amendments contained within the bill will improve the justice system by making it easier for individuals to understand and comply with the law.

Mark Dreyfus (Isaacs, Australian Labor Party, Shadow Attorney General) Share this | Link to this | Hansard source

This bill, the Civil Law and Justice Legislation Amendment Bill 2014, implements a variety of minor technical amendments to a range of Commonwealth acts within the Attorney-General's remit. The bill amends the Bankruptcy Act, the Copyright Act, the Court Security Act, the Family Law Act, the Evidence Act, the International Arbitration Act and the Protection of Movable Cultural Heritage Act. For the most part, the bill is concerned with worthy but minor technical measures.

What the bill represents is the product of, for the most part, long consultation by dedicated officers of the Attorney-General's Department. It is the sort of law reform that all parliaments need to engage in and all governments need to engage in, and I would commend those officers of the Attorney-General's Department for the thorough work that they have done to bring this bill before the parliament.

Some measures are directed simply at the readability and comprehensibility of Commonwealth legislation by, for instance, inserting notes into the Court Security Act or including in the explanatory memorandum to the Evidence Act a table comparing provisions in different jurisdictions. Other measures in the bill are consequential to the good, substantive work of the Labor government. The Bankruptcy Act is amended to clarify that payments under the National Disability Insurance Scheme are not available to creditors in the event of a bankruptcy. As I said, there is an example of an amendment that is entirely consequential on the very good work that Labor did in government to introduce to Australia, following on the recommendations of the Productivity Commission, the National Disability Insurance Scheme. The International Arbitration Act is amended to clarify that the United Nations Commission on International Trade Laws Model Law on International Commercial Arbitration, which the Labor government implemented into Australian law in 2010, applies retrospectively to arbitration agreements entered into before 2010. The Court Security Act, which was introduced by Labor to ensure the security and safety of the federal courts for all who use them, is given technical improvements.

There is one measure of particular importance in this bill—the amendment of the Copyright Act to introduce an electronic deposits scheme for the National Library of Australia. The introduction of this scheme follows two consultations undertaken by the Labor government, and I am pleased that, after what has been a substantial delay in bringing this measure before the parliament, it has finally got here. Labor welcomes the introduction of this particular scheme, this electronic deposit scheme, which will bring the National Library's operations up to date with modern technology and make the deposit scheme both more expensive and more efficient. It is of obvious importance that the large amount of Australian cultural output now produced in digital form be preserved by the National Library.

I commend the bill to the House.

Peter Dutton (Dickson, Liberal Party, Minister for Immigration and Border Protection) Share this | Link to this | Hansard source

Thank you very much to the member for Isaacs for his contribution. To sum up the debate, the purpose of the Civil Law and Justice Legislation Amendment Bill 2014 is to make minor, technical and non-controversial amendments to civil justice legislation. This will improve the operation and clarity of civil justice legislation administered by the Attorney-General's portfolio. The bill will amend the Bankruptcy Act 1966, the International Arbitration Act 1974, the Family Law Act 1975, the Court Security Act 2013, the Evidence Act 1995, the Protection of Movable Cultural Heritage Act 1986 and the Copyright Act 1968.

As I said, the bill amends the Copyright Act to reduce the impact of the legal deposit scheme on publishers. At present, publishers of certain literary, dramatic, musical or artistic works must deliver copies of their works in print format. The amendments will provide for publishers to submit their works electronically, which will reduce the time and cost burden on the industry.

The Court Security Act will be amended to clarify the process by which court security orders can be varied and revoked. Minimising confusion creates a fairer and more accessible justice system. The Court Security Act amendments will also address court management issues by extending the authority to hold and dispose of unclaimed dangerous items.

Amendments to the Evidence Act will increase consistency with the Model Uniform Evidence Bill for greater cross-jurisdictional compliance.

The bill will also amend the International Arbitration Act to clarify its application, providing certainty for private parties who entered into arbitration agreements before the International Arbitration Act was last amended in 2010.

Minor, technical amendments contained in the bill will improve the operation of the Family Law Act by correcting errors and ensuring the use of consistent language. The bill will also amend the Family Law Act to explicitly permit the provision of certain information relating to family law proceedings to child welfare authorities. This amendment will ensure that child welfare authorities have access to any relevant material to enable them to better protect children.

The amendments to the Bankruptcy Act will ensure that assistance received under the National Disability Insurance Scheme is not distributed to a bankrupt's creditors. The amendments also modernise the drafting of offences under the act and ensure that they have kept up with modern technology. Additionally, the amendments will enhance the Australian Financial Security Authority's capacity to act as a special trustee for other government agencies. In its special trustee role, the Australian Financial Security Authority seizes and sells property pursuant to a court order in relation to a debt owed to the Commonwealth or a Commonwealth agency.

Significantly, the bill will facilitate the removal of obsolete and redundant clauses. For example, the bill will amend the Family Law Act to remove obsolete requirements for annual publication of certain information, as well as to repeal an obsolete definition. The bill will also amend the Evidence Act to remove obsolete provisions and references to the operation of the Evidence Act in relation to the Australian Capital Territory.

The bill also reflects the government's commitment to better equip Australia to meet the needs of industry and consumers in the digital age. For example, the amendments to the Copyright Act will allow the National Library of Australia to collect not only our print history but also our digital history.

In conclusion, this bill will make minor and technical amendments to provide more clarity to legislation administered by the Attorney-General's portfolio. The combined effect of these amendments will improve the efficiency and operation of the civil justice system and provide individuals with greater access to justice.

Question agreed to.

Bill read a second time.