Senate debates

Tuesday, 29 November 2022

Bills

National Anti-Corruption Commission Bill 2022, National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022; In Committee

12:13 pm

Photo of Murray WattMurray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

I think Senator Cash's question goes to an additional amendment that the opposition intends to move. The purpose of that amendment is to remove the provisions that would exempt certain decisions under the NACC Bill from review under the ADJR Act. The consequential bill that we're dealing with here provides that decisions relating to the commencement of an investigation or inquiry and intermediary or procedural steps by the commission on the way to reaching its findings would not be subject to review under the ADJR Act. This is appropriate to ensure that the commission's statutory functions are not undermined and delayed as a result of lengthy litigation at each interlocutory step of an investigation and that investigations and inquiries can be conducted in a timely manner. A person may still seek judicial review of these intermediary or procedural decisions under the Judiciary Act 1903 or in the High Court's original jurisdiction. That's why, when we get to it, the government will not be supporting this amendment.

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