Scott Ryan (President) Share this | Hansard source

The question now is that government amendments on sheet SW125, as amended, be agreed to.

Government's circulated amendments—

(1) At the end of clause 181, page 146 (after line 23), add:

(4) Subsection (1) of this section does not apply to a function or power conferred by subsection 220A(1) (which deals with the formulation or variation of the internal review scheme).

(2) Clause 182, page 146 (after line 32), after subclause (3), insert:

(3A) Subsection (1) of this section does not apply to a function or power conferred by subsection 220A(1) (which deals with the formulation or variation of the internal review scheme).

(3B) Subsection (1) of this section does not apply to a function or power conferred by the internal review scheme (see section 220A).

(3) Clause 183, page 148 (line 4), before "The Commissioner must", insert "(1)".

(4) At the end of clause 183, page 148 (after line 9), add:

(2) A report under subsection (1) relating to a financial year must set out the following:

(a) the number of notices given by the Commissioner under section 49 during that year;

(b) the number of notices given by the Commissioner under section 56 during that year;

(c) the number of notices given by the Commissioner under section 65 during that year;

(d) the number of notices given by the Commissioner under section 66 during that year;

(e) the number of notices given by the Commissioner under section 70 during that year;

(f) the number of notices given by the Commissioner under section 77 during that year;

(g) the number of notices given by the Commissioner under section 78 during that year;

(h) the number of notices given by the Commissioner under section 79 during that year;

(i) the number of directions given by the Commissioner under section 83 during that year;

(j) the number of notices given by the Commissioner under section 88 during that year;

(k) the number of notices given by the Commissioner under section 89 during that year;

(l) the number of notices given by the Commissioner under section 90 during that year;

(m) the number of notices given by the Commissioner under section 99 during that year;

(n) the number of notices given by the Commissioner under section 109 during that year;

(o) the number of notices given by the Commissioner under section 110 during that year;

(p) the number of notices given by the Commissioner under section 114 during that year;

(q) the number of notices given by the Commissioner under section 115 during that year;

(r) the number of notices given by the Commissioner under section 119 during that year;

(s) the number of notices given by the Commissioner under section 120 during that year;

(t) the number of notices given by the Commissioner under section 124 during that year;

(u) the number of notices given by the Commissioner under section 128 during that year;

(v) the number of notices given by the Commissioner under section 143 during that year;

(w) the number of directions given by the Commissioner under section 154 during that year;

(x) the number of applications made by the Commissioner under section 156 during that year;

(y) the number of applications made by the Commissioner under section 157 during that year;

(z) the number of applications made by the Commissioner under section 158 during that year;

(za) the number of applications made by the Commissioner under section 159 during that year;

(zb) the number of notices given by the Commissioner under section 194 during that year;

(zc) the number of notices given by the Commissioner under section 199 during that year;

(zd) the number of notices given by the Commissioner under section 203 during that year;

(ze) the number of decisions that were reviewed by the Commissioner under the internal review scheme (see section 220A) during that year.

(5) Heading to clause 220, page 165 (line 6), at the end of the heading, add "by the Administrative Appeals Tribunal".

(6) Heading to subclause 220(2), page 165 (line 11), omit "cyber-bulling", substitute "cyber-bullying".

(7) Subclause 220(2), page 165 (line 14), omit ", 78, 88 or 89", substitute "or 88".

(8) Subclause 220(4), page 166 (line 2), omit ", 78, 88 or 89", substitute "or 88".

(9) Paragraph 220(5) (b), page 166 (line 7), omit ", 88 or 89", substitute "or 88".

(10) Clause 220, page 167 (after line 4), after subclause (10), insert:

Removal notice—end -user

(10A) An application may be made to the Administrative Appeals Tribunal for a review of a decision of the Commissioner under section 78 or 89 to give a removal notice.

(11) Page 168 (after line 29), after clause 220, insert:

220A Internal review of decisions

(1) The Commissioner:

(a) must, by notifiable instrument, formulate a scheme (the internal review scheme) for and in relation to the review by the Commissioner of decisions of a kind referred to in section 220; and

(b) may, by notifiable instrument, vary the internal review scheme.

(2) The internal review scheme may empower the Commissioner to:

(a) on application, review such a decision; and

(b) affirm, vary or revoke the decision concerned.

(3) The internal review scheme may provide that the Commissioner's decision on review of a decision has effect as if it had been made under the provision under which the original decision was made.

(4) Subsections (2) and (3) do not limit subsection (1).

(5) The Commissioner must publish the internal review scheme on the Commissioner's website.

Question agreed to.

I will now deal with the remaining amendments circulated by the opposition, and for these sheets I have been requested to put the question sheet by sheet. The question is that amendments on sheet 1303, as circulated by the opposition, be agreed to.

Opposition's circulated amendments—

(1) Page 169 (before line 1), before clause 221, insert:

220B Review by the ACMA

(1) If a person may apply for a review of a decision under section 220, the person may also apply to the ACMA for a review of such a decision.

Review of decisions by the ACMA

(2) The ACMA may review such a decision if the ACMA thinks that it is desirable to do so.

Action by the ACMA in relation to review

(3) If, having reviewed a decision, the ACMA is satisfied that it should take action under this section to encourage the Commissioner to affirm, vary or revoke the decision concerned, the ACMA may, by notice in writing given to the Commissioner, recommend that the Commissioner take action in relation to the review and decision as is specified in the notice.

(4) The recommended action may include affirming, varying or revoking the decision concerned, or otherwise consulting in relation to such action.

ACMA may report to Minister on results of recommendation

(5) If:

(a) the ACMA has made a recommendation to the Commissioner under subsection (3); and

(b) the Commissioner does not, within 30 days after the recommendation was given, take action that the ACMA considers to be appropriate; the ACMA may give the Minister a written report on the matter.

(6) The Minister must table a copy of the report in each House of the Parliament within 7 sitting days of that House after the day on which the Minister received the report.