David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

With respect to the charging of fees by prescribed body corporates, can I say that the detail of the new scheme for such fees and charges will be dealt with by regulation—which is entirely unremarkable—and that the nuts and bolts of the practical operation of that system is to some extent for another day. With respect to the principal amendment, the government opposes this amendment. This amendment would seek to amend section 84D to specifically provide that a party making an application under subsection 84D(2) must show cause. As with all applications made to the court, I expect the court would only make an order that the applicant produce evidence of authorisation if it is satisfied there are grounds so to do. As the Senate Legal and Constitutional Affairs Committee noted in its report, the court is not required to make an order when an application is made. The court has a discretion as to whether an order should be made at all. The committee was satisfied that the court will be able to require the parties seeking the order to provide information as to why the order is so required.