Doug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | Link to this | Hansard source

The Civil Law and Justice Legislation Amendment Bill 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 this bill is concerned with worthy but minor and technical issues. Some measures are directed simply at the at the readability and comprehensibility of Commonwealth legislation by, for instance, inserting notes into the Court Security Act or including in the EM to the Evidence Act a table comparing provisions in different jurisdictions.

Other measures in the bill are consequential to be good, substantive work of the Labor government. The Bankruptcy Act is amended to clarify that payments under the NDIS are not available to creditors in the event of a bankruptcy. The International Arbitration Act is amended to clarify the UN 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 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 the bill, and that is the amendment of the Copyright Act to introduce an electronic deposit scheme for the National Library of Australia. The introduction of this scheme follows two consultations undertaken by the Labor government. Labor welcomes the introduction of the scheme, which will bring the National Library's operations up to date with modern technology and make the deposit scheme both more expansive 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.

Scott Ryan (Victoria, Liberal Party, Parliamentary Secretary to the Minister for Education and Training) Share this | Link to this | Hansard source

The Civil Law and Justice Legislation Amendment Bill will amend 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 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. I thank senators for their contributions.

Question agreed to.

Bill read a second time.