Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

It might be helpful if I move government amendments (1) to (7) on sheet GF100 by leave together, and then I'll provide some answers to those. I seek leave to do that.

Leave granted.

I move:

(1) Clause 2, page 2 (table item 2), omit the table item, substitute:

(2) Schedule 2, page 21 (before line 4), before item 65, insert:

64A Subsection 124(3)

Omit "AAT's", substitute "ART's".

(3) Schedule 2, page 35 (after line 11), after item 113, insert:

113A Subsection 245AYK(9) (heading)

Omit "Appeals", substitute "Review".

113B Subsection 245AYK(9)

Omit "Tribunal", substitute "ART".

113C Subsection 245AYK(9) (note)

Omit "Section 27A of the Administrative Appeals Tribunal Act 1975", substitute "Section 266 of the ART Act".

(4) Schedule 2, items 115 to 119, page 35 (line 18) to page 37 (line 2), omit the items, substitute:

115 Paragraph 347(3)(a)

Omit "7 days", substitute "14 days".

(5) Schedule 2, Part 12, page 37 (after line 5), at the end of the Part, add:

120A Paragraph 375A(2)(b)

Omit "Tribunal", substitute "ART".

(6) Schedule 2, Part 13, page 39 (after line 4), at the end of the Part, add:

Wine Australia Act 2013

127A At the end of section 40ZAQ

Add:

Timing of applications for review to the Administrative Review Tribunal

(4) Regulations made for the purposes of subsection (1) may modify the operation of sections 18 and 19 of the Administrative Review Tribunal Act 2024 (which deal with when applications for review may be made) as they apply in relation to a determination made under those regulations.

127B At the end of section 40ZAT

Add:

Timing of applications for review to the Administrative Review Tribunal

(3) Regulations made for the purposes of subsection (1) may modify the operation of sections 18 and 19 of the Administrative Review Tribunal Act 2024 (which deal with when applications for review may be made) as they apply in relation to a determination made under those regulations.

(7) Schedule 2, page 40 (before line 3), before the heading specifying New Vehicle Standards Efficiency Act 2024, insert:

Classification (Publications, Films and Computer Games) Act 1995

127C Section 22R (heading)

Omit "AAT", substitute "ART".

127D Section 22R

Omit "Appeals", substitute "Review".

These amendments make several minor amendments to the bill to support the efficient conduct of tribunal review, update outdated references and ensure the legislation operates as intended. Amendments to the Migration Act 1958 extend the timeframe for persons who are in immigration detention to apply to the tribunal for a review of migration and protection decisions from seven days to 14 days. This would ensure that no applicants in immigration detention have less time to apply than they did in the Administrative Appeals Tribunal.

The amendments also remove items 115 to 119 in schedule 2 of the bill. These items would have amended the Migration Act 1958 to clarify the existing law regarding what constitutes a properly made application to the tribunal for a review of migration protection decisions and what the consequences of not making a properly made application are. The items are being deferred to give the government additional time to consider the approach to amending the Migration Act in relation to the requirements for making applications to the tribunal. There are also amendments to the Wine Australia Act 2013, which aim to preserve the longstanding arrangements for review and provide certainty for producers. Finally the amendments update the commencement date of the bill to provide that it commences after royal assent.