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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Law and
Justice Legislation Amendment Bill 1996
No.
,
1996
(Attorney-General)
A
Bill for an Act to amend various Acts relating to law and justice, and for
related purposes
9621620—1,025/10.12.1996—(216/96) Cat.
No. 96 5704 5 ISBN 0644 483806
Contents
A Bill for an Act to amend various Acts relating to law
and justice, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Law and Justice Legislation Amendment Act
1996.
(1) Subject to this section, this Act commences on the day on which it
receives the Royal Assent.
(2) Items 1, and 3 to 6, of Schedule 1, items 4, 5, and 9 to 16, of
Schedule 14 and items 1 to 6, and 8 to 11, of Schedule 16 commence on a day or
days to be fixed by Proclamation.
(3) If the items mentioned in subsection (2) do not commence under
that subsection within the period of 6 months beginning on the day on which this
Act receives the Royal Assent, those items commence on the first day after the
end of that period.
Subject to section 2, each Act that is specified in a Schedule to
this Act is amended or repealed as set out in the applicable items in the
Schedule concerned, and any other item in a Schedule to this Act has effect
according to its terms.
1 Subsection 3(1)
Insert:
Small Taxation Claims Tribunal means the Taxation Appeals
Division of the Tribunal when that Division is required under Part IIIAA to
be known as the Small Taxation Claims Tribunal.
2 Subsection 21A(1)
Repeal the subsection, substitute:
(1) At any time during the hearing of a proceeding before the Tribunal
(other than a proceeding in which the Tribunal is constituted by a presidential
member who is a Judge and 2 other members), a party to the proceeding may apply
to the Tribunal as constituted for the purposes of the proceeding requesting
that the Tribunal be reconstituted for the purposes of the proceeding.
3 After Part III
Insert:
In this Part:
determined amount means:
(a) subject to paragraph (b)—$5,000; or
(b) if a higher amount is determined by the regulations—the higher
amount.
lower application fee means the fee payable in respect of an
application for the review of a relevant taxation decision where
subsection 24AC(1) applies in respect of the hearing and determination of
the application.
relevant taxation decision means:
(a) a reviewable objection decision under Part IVC of the Taxation
Administration Act 1953; or
(b) a decision refusing a request for an extension of time within which to
make a taxation objection under section 14ZL of the Taxation
Administration Act 1953.
standard application fee means the fee payable in respect of
an application for the review of a relevant taxation decision where
subsection 24AC(1) does not apply in respect of the hearing and
determination of the application.
Subject to this Part, an application for the review of a relevant
taxation decision is to be heard in the Taxation Appeals Division of the
Tribunal.
(1) Subject to section 24AD, if an application is made for the review
of a relevant taxation decision and:
(a) either:
(i) the application states the amount that the applicant considers to be
the amount of tax in dispute and the amount so stated is less than the
determined amount; or
(ii) the application does not state as mentioned in subparagraph (i)
but, before the start of the hearing of the application, the applicant notifies
the Tribunal in writing of the amount that the applicant considers to be the
amount of tax in dispute and the amount so notified is less than the determined
amount; or
(b) the decision is a decision refusing a request for an extension of
time;
the Taxation Appeals Division, when hearing and determining the
application, is to be known as the Small Taxation Claims Tribunal.
(2) A notification may be given to the Tribunal under
subparagraph (1)(a)(ii) in respect of any application for the review of a
relevant taxation decision, whether the application was made before, or is made
after, the commencement of this section.
(3) Subject to section 24AD, if subparagraph (1)(a)(ii) applies,
the applicant is entitled to a refund of so much of the application fee paid as
exceeds the lower application fee.
(1) If:
(a) an application is before the Small Taxation Claims Tribunal under
paragraph 24AC(1)(a); and
(b) the Tribunal considers that the amount of tax in dispute is not less
than the determined amount;
the Tribunal may make an order declaring that subsection 24AC(1) is
not to apply.
(2) If such an order is made:
(a) the Taxation Appeals Division, when hearing and determining the
application, is not to be known as the Small Taxation Claims Tribunal;
and
(b) the Tribunal must not proceed to hear and determine the application
until the applicant pays an additional fee in respect of the application equal
to the difference between the standard application fee and the lower application
fee; and
(c) if the additional fee is not paid within the period directed by the
Tribunal or, if no such direction is given, within the prescribed period, the
Tribunal may dismiss the application but:
(i) if the additional fee is paid after the application is dismissed, the
applicant may apply to the Tribunal for reinstatement of the application;
and
(ii) if the Tribunal considers it appropriate to do so, the Tribunal may
reinstate the application and give any directions that appear to it to be
appropriate in the circumstances.
(3) If the Tribunal waives the whole or a part of the additional
fee:
(a) if the whole of the fee is
waived—paragraphs (2)(b) and (c) do not apply; or
(b) if part of the fee is waived—references in those paragraphs to
the additional fee are taken to be references to the part of the fee that is not
waived.
(4) If:
(a) an application is, or 2 or more applications by the same applicant
are, before the Small Taxation Claims Tribunal under subsection 24AC(1);
and
(b) another application is before the Administrative Appeals Tribunal
that:
(i) is made by the same applicant; and
(ii) may, in the opinion of the Registrar, a District Registrar or a
Deputy Registrar, be conveniently heard before the Administrative Appeals
Tribunal at the same time as the first-mentioned application or
applications;
the following provisions apply:
(c) the applications are to be heard and determined before the Taxation
Appeals Division;
(d) that Division, when hearing and determining the applications, is not
to be known as the Small Taxation Claims Tribunal;
(e) the Registrar, a District Registrar or a Deputy Registrar may order
that only one standard application fee is payable for the
applications.
4 After subsection 34A(1)
Insert:
(1A) In respect of a proceeding before the Small Taxation Claims
Tribunal:
(a) the Registrar, a District Registrar or a Deputy Registrar must give to
the applicant:
(i) if the proceeding relates to an application to which
subparagraph 24AC(1)(a)(i) or paragraph 24AC(1)(b) applies—when
the application is made; or
(ii) if the proceeding relates to an application to which
subparagraph 24AC(1)(a)(ii) applies—when the notification referred to
in that subparagraph is given;
a statement setting out the procedures to be followed by the Tribunal and
the mediation processes that are available under this Act; and
(b) if the Tribunal considers at any time that it may assist in the
resolution of the dispute between the parties if the proceeding, or any part of
the proceeding, or any matter arising out of the proceeding, were dealt with by
mediation, the Tribunal must:
(i) recommend to the parties that the proceeding, part of the proceeding
or matter be the subject of mediation; and
(ii) if the parties consent, direct that the proceeding, part of the
proceeding or matter be referred to a mediator for mediation.
5 Paragraph 45(1)(a)
Omit “or” (last occurring), substitute
“and”.
6 At the end of subsection
45(1)
Add:
; and (c) in respect of a proceeding before the Small Taxation Claims
Tribunal—in so referring a question, the interests of the applicant
seeking review of a relevant taxation decision must be taken into
account.
1 Section 5 (definition of contentious
material)
Repeal the definition, substitute:
contentious material, in relation to a film or a computer
game, means material in the film or computer game that a reasonable adult would
consider unsuitable for viewing, or for viewing or playing, as the case may be,
by a person under 15.
2 Section 5 (after paragraph (e) of the
definition of decision)
Add:
or (f) referred to in subsection 21A(1);
3 At the end of section 14
Add:
(4) If:
(a) an application is made for classification of a film that comprises a
recording from which a computer generated image can be produced; and
(b) the recording enables a person using it to choose from 2 or more
visual images the image that will be viewed;
the application must include particulars of any contentious material in the
film and of the means by which access to that material may be gained.
4 Subsection 21(3)
Repeal the subsection.
Note: The heading to section 21 is replaced by the
heading “Declassification of classified films or computer games that
are modified”.
5 After section 21
Insert:
(1) This section applies if the Board decides:
(a) that a classified film to which subsection 14(4) applies or a
classified computer game (including a film or game classified before the
commencement of this section) contains contentious material (whether through use
of a code or otherwise) that was not brought to the Board’s attention and
made available for viewing or demonstration before the classification was made;
and
(b) that, if the Board had been aware of the material before the
classification was made, it would have given the film or game a different
classification.
(2) If a decision referred to in subsection (1) is made, the
Board’s decision to classify the film or game is taken never to have been
made.
6 Paragraph 29(4)(b)
Repeal the paragraph, substitute:
(b) depicts or describes, in a way that is likely to cause offence to a
reasonable adult, a person who is, or looks like, a child under 16 (whether the
person is engaged in sexual activity or not); or
7 Section 94 (paragraph (c) of the definition of
censor)
Repeal the paragraph, substitute:
(c) a classification officer appointed under the Indecent Articles and
Classified Publications Act 1975 of New South Wales, the Classification of
Publications Ordinance 1983 of the Australian Capital Territory or the
Classification of Publications and Films Act of the Northern Territory;
or
1 Subsections 7(8), 41(5), 44(1), 50(8) and
74(3), section 82, subsections 83(1) and (2) and section 85
Omit “imprisonment”, substitute
“Imprisonment”.
2 Subsection 59(1)
Repeal the subsection, substitute:
(1) A member of the Disciplinary Tribunal, other than a member who is the
holder of:
(a) a judicial office; or
(b) an office of Magistrate of a State or Territory;
in respect of which the member receives remuneration that is based upon his
or her holding the office on a full-time basis, is to be paid such remuneration
as the Remuneration Tribunal determines. If no determination of that
remuneration by that Tribunal is in operation, the member is to be paid such
remuneration as is prescribed.
3 Saving
Any determination of, or regulation prescribing, remuneration that,
immediately before the commencement of item 2, was in force for the purposes of
the subsection repealed by that item continues in force as if it had been made
for the purposes of the subsection substituted by that item.
1 Subsection 3B(2)
Omit “18A”, substitute “, 15A”.
Note: This amendment corrects an incorrect
cross-reference.
1 Subsection 3(2)
Omit “Subject to subsection (3), this”, substitute
“This”.
2 Subsection 3(3)
Repeal the subsection.
1 Paragraph 20(3)(a)
Omit “defacto”, substitute “de facto”.
2 Paragraph 20(4)(b)
Omit “defacto”, substitute “de facto”.
3 Subsection 43(3)
Omit “the party”, substitute “a party”.
4 At the end of subsection
68(4)
Add:
Note: Subsection (4) differs from subsection 68(4)
of the NSW Act.
5 Subsection 70(2) (note 1)
Omit “section 57”, substitute
“section 70”.
6 Section 102 (note)
Renumber the note as Note 1.
7 Section 102 (note)
Omit “, 104 and 107”, substitute “and
104”.
8 At the end of section 102
Add:
Note 2: Section 108A makes provision as to the
admission of evidence that is relevant only to the credibility of a person who
has made a previous representation.
9 Section 107
Repeal the section.
10 Subsection 108(2)
Omit “or 107”.
11 At the end of Part 3.7
Add:
(1) If:
(a) because of a provision of Part 3.2, the hearsay rule does not apply to
evidence of a previous representation; and
(b) evidence of the representation has been admitted; and
(c) the person who made the representation has not been called, and will
not be called, to give evidence in the proceeding;
evidence that is relevant only to the credibility of the person who made
the representation is not admissible unless the evidence has substantial
probative value.
(2) Without limiting the matters to which the court may have regard in
deciding whether the evidence has substantial probative value, it is to have
regard to:
(a) whether the evidence tends to prove that the person who made the
representation knowingly or recklessly made a false representation when the
person was under an obligation to tell the truth; and
(b) the period that elapsed between the doing of the acts or the
occurrence of the events to which the representation related and the making of
the representation.
12 Subsection 120(2)
Repeal the subsection.
13 At the end of subsection
128(7)
Add:
Note: Subsection 128(7) differs from
subsection 128(7) of the NSW Act. The NSW provision refers to a NSW
Court instead of an Australian Court.
14 At the end of section 128 (before the
notes)
Add:
(10) If a person has been given a certificate under a prescribed State or
Territory provision in respect of evidence given by the person in a proceeding
in a State or Territory court, the certificate has the same effect, in a
proceeding to which this subsection applies, as if it had been given under this
section.
(11) The following are prescribed State or Territory provisions for the
purposes of subsection (10):
(a) section 128 of the Evidence Act 1995 of New South
Wales;
(b) a provision of a law of a State or Territory declared by the
regulations to be a prescribed State or Territory provision for the purposes of
subsection (10).
(12) Subsection (10) applies to:
(a) a proceeding in relation to which this Act applies because of
section 4; and
(b) a proceeding for an offence against a law of the Commonwealth or for
the recovery of a civil penalty under a law of the Commonwealth, other than a
proceeding referred to in paragraph (a).
(13) Until the day fixed under subsection 4(6), subsection (10)
applies to a proceeding for an offence against a law of the Australian Capital
Territory or for the recovery of a civil penalty under such a law, other than a
proceeding referred to in paragraph (12)(a).
Note: The NSW Act does not contain provisions corresponding
to subsection (10) to (13).
15 Section 154 (note 1)
Repeal the note.
16 Section 155 (note 1)
Repeal the note, substitute:
Note 1: Subsection 155(1) differs from
subsection 155(1) of the NSW Act. The NSW provision refers to evidence of a
public document of a State or Territory rather than evidence of a
public record of a State or Territory.
17 Section 158 (note 1)
Repeal the note.
18 At the end of subsection
170(1)
Add:
Note: The table differs from the table in
subsection 170(1) of the NSW Act because that Act has no equivalent to
section 182 of this Act.
19 Dictionary, Part 1 (after the definition of
confidential document)
Add:
Note: The NSW Act includes a definition of
court.
20 Dictionary, Part 1 (before the definition of
credibility)
Insert:
credibility of a person who has made a representation that
has been admitted in evidence means the credibility of the representation, and
includes the person’s ability to observe or remember facts and events
about which the person made the representation.
21 Dictionary, Part 1 (note following the
definition of government or official gazette)
Repeal the note, substitute:
Note 1: The definition of government or official
gazette differs from the definition of the same expression in the NSW
Act.
Note 2: The NSW Act includes definitions of Governor
of a State and Governor-General. Those terms are not
defined in this Act because they are defined in
sections 16A and 16B of the Acts Interpretation Act
1901.
22 Dictionary, Part 1 (definition of
identification evidence)
Omit from paragraph (a) “saw or heard”, substitute
“saw, heard or otherwise perceived”.
23 Dictionary, Part 2, subclause
7(3)
Omit “section”, substitute “clause”.
24 Dictionary, Part 2, paragraph
10(1)(a)
Omit “and an”, substitute “or”.
1 Paragraph 39(5)(d)
Omit “or 111B”, substitute “, 111B or
111C”.
2 Paragraph 39(6)(d)
Omit “or 111B”, substitute “, 111B or
111C”.
3 At the end of subsection
63C(2)
Add:
Note: If the Child Support (Assessment) Act 1989
applies, provisions in a parenting plan dealing with the maintenance of a child
(as distinct from child support under that Act) are unenforceable and of no
effect (see subsection 63G(5)). A parenting plan may, however, also operate
as a child support agreement (see section 63CAA).
4 At the end of subsection
63C(3)
Add:
Note: One of the other matters with which a parenting plan
may deal is child support (see section 63CAA).
5 After section 63C
Insert:
(1) If a parenting plan includes provisions of a kind referred to in
subsection 84(1) of the Child Support (Assessment) Act 1989, the
provisions do not have effect for the purposes of this Act.
(2) Subsection (1) does not affect the operation of the provisions
for any other purpose.
(3) Nothing in this Division is to be taken to prevent the same agreement
being both a parenting plan under this Part and a child support agreement under
Part 6 of the Child Support (Assessment) Act 1989.
6 At the end of subsection
63G(5)
Add:
Note: This subsection does not affect the operation of
provisions of a parenting plan referred to in section 63CAA (child support
matters).
7 Subsection 66M(1)
Repeal the subsection, substitute:
(1) As stated in section 66D, a step-parent of a child has a duty of
maintaining a child if, and only if, there is an order in force under this
section.
8 Paragraph 69N(1)(a)
After “order”, insert “(other than a child maintenance
order)”.
9 Subsection 110(1) (paragraph (e) of the
definition of maintenance order)
Omit “66Z”, substitute “67D”.
10 Subsections 112AD(3), (4) and
(5)
After “subsection (1)”, insert “or
(1A)”.
11 At the end of paragraphs 123(1)(a) and (b)
and paragraphs 123(1)(c) to (sf)
Add “and”.
12 After paragraph
123(1)(b)
Insert:
(ba) providing for and in relation to trial management; and
13 After paragraph
123(1)(sf)
Insert:
(sg) providing for and in relation to conciliation conferences;
and
1 At the end of subsection
18N(1)
Add:
; (e) such Marshals for the purposes of the Admiralty Act 1988 as
are necessary.
2 After subsection 24(1)
Insert:
(1A) An appeal may not be brought to the Court from a judgment of the
Supreme Court of the Australian Capital Territory given after the commencement
of this subsection when that Court is known as the Court of Disputed Elections
under subsection 252(1) of the Electoral Act 1992 of that
Territory.
3 Subsection 30A(1)
Omit “the Attorney-General or the Director of Public
Prosecutions”, substitute “an appropriate
authority”.
4 Subsection 30A(5)
Omit “Attorney-General or Director of Public Prosecutions, as the
case requires,”, substitute “appropriate authority who submitted the
question for determination”.
5 Paragraph 30A(6)(a)
Repeal the paragraph, substitute:
(a) a report (other than a report of proceedings under this section) that
refers, or draws attention, whether directly or indirectly, to an appropriate
authority having, under subsection (1), submitted a question of law for the
determination of a Full Court; or
6 At the end of section 30A
Add:
(8) In this section:
appropriate authority means:
(a) the Attorney-General of the Commonwealth; or
(b) the Attorney-General of the Australian Capital Territory; or
(c) the Director of Public Prosecutions of the Commonwealth; or
(d) the Director of Public Prosecutions of the Australian Capital
Territory.
7 Subsection 32W(5)
Omit “If an amount”, substitute “Subject to
subsection (6), if an amount”.
8 Paragraph 32W(5)(b)
Repeal the paragraph, substitute:
(b) in any other case—as if it were for an equivalent amount in
Australian currency, based on the rate of exchange prevailing on the second
business day (the conversion day) before the day on which the
application for registration is made.
9 After subsection 32W(5)
Insert:
(5A) For the purposes of paragraph (5)(b), the rate of exchange
prevailing on the conversion day is the average of the rates at which Australian
dollars may be bought in New Zealand currency at:
(a) 11 am; or
(b) if another time is prescribed for the purposes of this
subsection—that other time;
on that day from 3 authorised foreign exchange dealers selected by the
judgment creditor.
(5B) The reference in paragraph (5)(b) to a business day is a
reference to a day on which the authorised foreign exchange dealers selected by
the judgment creditor as mentioned in subsection (5A) publish rates at
which Australian dollars may be bought in New Zealand currency.
10 At the end of subsection
32W(7)
Add “and the costs of obtaining from foreign exchange dealers
evidence of the rates at which Australian dollars may be bought in New Zealand
currency”.
11 At the end of section
32W
Add:
(8) In this section:
authorised foreign exchange dealer means a person authorised
by a general authority issued by the Reserve Bank of Australia under regulation
38A of the Banking (Foreign Exchange) Regulations to buy and sell foreign
currency.
1 Subsection 6(11)
Omit “Where the amount”, substitute “Subject to
subsection (12), if the amount”.
2 Paragraph 6(11)(b)
Omit “the day of the application for registration”, substitute
“on the second business day (the conversion day) before the
day on which the application for registration is made”.
3 After subsection 6(11)
Insert:
(11A) For the purposes of paragraph (11)(b), the rate of exchange
prevailing on the conversion day referred to in that paragraph is the average of
the rates at which Australian dollars may be bought in the currency in which the
judgment is expressed at:
(a) 11 am; or
(b) if another time is prescribed for the purposes of this
subsection—that other time;
on that day from 3 authorised foreign exchange dealers selected by the
judgment creditor.
(11B) The reference in paragraph (11)(b) to a business day is a
reference to a day on which the authorised foreign exchange dealers selected by
the judgment creditor as mentioned in subsection (11A) publish rates at
which Australian dollars may be bought in the currency in which the judgment is
expressed.
4 Paragraph 6(15)(a)
After “court”, insert “and the costs of obtaining from
foreign exchange dealers evidence of the rates at which Australian dollars may
be bought in the currency in which the judgment is expressed”.
5 At the end of section 6
Add:
(16) In this section:
authorised foreign exchange dealer means a person authorised
by a general authority issued by the Reserve Bank of Australia under regulation
38A of the Banking (Foreign Exchange) Regulations to buy and sell foreign
currency.
1 Subsection 5(1)
Repeal the subsection, substitute:
(1) For the purposes of this Act, a Judge is taken not to have retired so
long as he or she continues:
(a) to hold any office as a Judge; or
(b) to hold any judicial office in relation to a Territory that is
remunerated otherwise than on a part-time basis.
1 After subsection 39B(1)
Insert:
(1A) The original jurisdiction of the Federal Court of Australia also
includes jurisdiction in any matter:
(a) in which the Commonwealth is seeking an injunction or a declaration;
or
(b) arising under the Constitution, or involving its interpretation;
or
(c) arising under any laws made by the Parliament.
2 At the end of Part VIIIA
Add:
(1) If:
(a) services of a legal professional nature are provided to a person or
body (the client) by an officer of, or a person employed in, a
Government Department of a State, of the Australian Capital Territory or of the
Northern Territory in his or her capacity as such an officer or employee in the
course of acting for the client in proceedings in a federal court or in a
tribunal established by a law of the Commonwealth; and
(b) the Department charges the client for any of the services or for
disbursements incurred in connection with any of the services;
the amount charged may be recovered by the client as costs incurred by the
client in the proceedings.
(2) If an amount charged as mentioned in paragraph (1)(b) is not an
amount of disbursement then, for the following purposes:
(a) an application to a federal court, or to a tribunal established by a
law of the Commonwealth, for the award of costs;
(b) the taxation of those costs;
(c) the recovery of those costs by the client;
the amount charged is taken to have been paid by the client.
3 Section 78AA
Repeal the section, substitute:
In this Division:
State includes the Australian Capital Territory and the
Northern Territory.
1 Subsection 3(1) (definition of
State)
Before “Northern”, insert “Australian Capital Territory
and the”.
2 Subsection 3(1) (definition of
Territory)
Before “Northern”, insert “Australian Capital Territory
or the”.
3 Paragraph 4(1)(c)
Before “Northern”, insert “Australian Capital Territory
and the Supreme Court of the”.
4 Paragraph 4(1)(d)
Before “Northern”, insert “Australian Capital Territory
and the”.
1 Subsection 6(1)
Insert:
guarantee includes an indemnity given against the default of
a borrower in making a payment in respect of a loan.
2 At the end of subsection
11B(1)
Add:
; or (d) an agency that:
(i) carries on a business or undertaking that involves the making of
loans; and
(ii) is determined by the Commissioner to be a credit provider for the
purposes of this Act.
3 After subsection 11B(1)
Insert:
(1A) If an agency is a credit provider because of paragraph (1)(d),
Part IIIA has effect in relation to the carrying on by the agency of a
business or undertaking involving the making of loans despite anything in Part
III or in the Freedom of Information Act 1982.
4 Subsection 11B(3)
Before “is to”, insert “or
subparagraph (1)(d)(ii)”.
5 After paragraph 18E(1)(b)
Insert:
(ba) the information is a record of an overdue payment by the individual
as guarantor under a guarantee given against default by a person (the
borrower) in repaying all or any of an amount of credit obtained
by the borrower from a credit provider, and the following subparagraphs
apply:
(i) the credit provider is not prevented under any law of the
Commonwealth, a State or a Territory from bringing proceedings against the
individual to recover the amount of the overdue payment;
(ii) the credit provider has given the individual notice of the
borrower’s default that gave rise to the individual’s obligation to
make the payment;
(iii) 60 days have elapsed since the day on which the notice was given;
(iv) the credit provider has, separately from and in addition to the
giving of the notice referred to in subparagraph (ii), taken steps to
recover the amount of the overdue payment from the individual.
6 At the end of subsection
18E(7)
Add “or (ba)”.
7 Subsection 18F(1)
After “18E(1)(b)”, insert “or (ba)”.
8 After subsection 18F(2)
Insert:
(2A) For the purposes of subsection (1), the maximum permissible
periods for the keeping of personal information of the kind referred to in
paragraph 18E(1)(ba) are as follows:
(a) if the credit reporting agency was informed of the overdue payment
concerned before 25 February 1992—the period of 5 years beginning on that
date; or
(b) if the credit reporting agency was informed of the overdue payment
concerned after the commencement of this subsection—the period of 5 years
beginning on the day on which the agency was so informed.
9 After section 18N
Insert:
In respect of a disclosure by a credit provider of a report or
information to a person who, on or after 7 December 1992 and before the
commencement of this section, gave an indemnity against the default of a
borrower in making a payment in respect of a loan given by the credit provider,
subparagraph 18N(1)(bg)(ii) has effect as if the reference in
sub-subparagraph 18N(1)(bg)(ii)(A) to the commencement of
paragraph 18N(1)(bg) were a reference to the commencement of this
section.
10 After subsection 44(2)
Insert:
(2A) If documents are produced to the Commissioner in accordance with a
requirement under subsection (1), the Commissioner:
(a) may take possession of, and may make copies of, or take extracts from,
the documents; and
(b) may retain possession of the documents for any period that is
necessary for the purposes of the investigation to which the documents relate;
and
(c) during that period must permit a person who would be entitled to
inspect any one or more of the documents if they were not in the
Commissioner’s possession to inspect at all reasonable times any of the
documents that the person would be so entitled to inspect.
1 Subsection 3(1) (definition of
magistrate)
Repeal the definition, substitute:
magistrate, except in sections 57 and 67,
includes:
(a) a justice of the peace who has power to issue warrants under a law of
the State in which the justice holds that office; and
(b) a person who is appointed under section 120 of the
Magistrates’ Court Act 1989 of Victoria as a bail justice or is a
bail justice because of holding a prescribed office within the meaning of
section 121 of that Act.
2 Subsection 3(1) (before paragraph (a) of the
definition of warrant)
Insert:
(aa) this Act; or
3 Subsection 8(4)
Repeal the subsection, substitute:
(4) Subject to this Act, this Act applies to the exclusion of a law of a
State (the relevant State) with respect to:
(a) the service or execution in another State of process of the relevant
State that is process to which this Act applies; or
(b) the service or execution in the relevant State of process of another
State that is process to which this Act applies; or
(c) the service or execution in another State of judgments of a court of
the relevant State that are judgments to which this Act applies; or
(d) the service or execution in the relevant State of judgments of a court
of another State that are judgments to which this Act applies; or
(e) the service or execution in another State of judgments to which this
Act applies that are orders of a tribunal of the relevant State; or
(f) the service or execution in the relevant State of judgments to which
this Act applies that are orders of a tribunal of another State.
4 Paragraph 17(1)(a)
Repeal the paragraph, substitute:
(a) whichever is the longer of the following periods:
(i) 21 days;
(ii) the period in which the appearance would have been required or
permitted to be entered if the process had been served in the place of issue;
or
5 After subsection 17(1)
Insert:
(1A) If, under a provision (the State provision) of the law
of the place of issue, the period in which an appearance is required or
permitted to be entered in respect of process served in the place of issue
varies according to the distance of the place of service from another place, the
period referred to in subparagraph (1)(a)(ii) is to be calculated by
reference to the longest distance mentioned in the State provision.
6 Subsection 84(1)
Omit “ascertain whether he or she is a person under
restraint.”, substitute:
find out:
(a) whether he or she is a person under restraint; and
(b) if so, the State or States under whose law he or she is a person under
restraint.
7 After subsection 84(1)
Insert:
(1A) If the magistrate is satisfied that the person:
(a) is not under restraint; or
(b) is under restraint only under the law of the State in which the
warrant was issued;
the following provisions of this section do not apply.
8 After Division 2 of Part
5
Insert:
This Division applies if:
(a) a warrant authorises the taking of a person (the
prisoner) to a place in the State in which the warrant was issued
(the issuing State); and
(b) for the purpose of taking the prisoner to that place, it is necessary
or convenient for the prisoner to be taken into a State (the transit
State) other than the issuing State.
The warrant has the same effect in the transit State as it has in the
issuing State.
The law in force in the issuing State relating to the liability of a
prisoner who escapes from lawful custody applies to the prisoner in relation to
anything done by the prisoner while the prisoner is in the transit
State.
While the prisoner is in the transit State, the person executing the
warrant:
(a) has the same powers of detention and disposition of the prisoner as
the person would have in the issuing State; and
(b) has power to do anything else that he or she could lawfully do in the
issuing State for the purpose of executing the warrant.
9 Subsection 110(1)
Insert:
enforcement officer means:
(a) a police officer; or
(b) in relation to a State prescribed by the regulations for the purposes
of this paragraph—the Sheriff, or a Sheriff’s officer, of the State;
or
(c) in relation to a State prescribed by the regulations for the purposes
of this paragraph—a bailiff of the State.
10 Paragraph 112(3)(b)
Omit “police”, substitute “enforcement”.
11 Subsection 113(1)
Omit “a police”, substitute “an
enforcement”.
12 Subsections 113(2), (3) and
(4)
Omit “police” (wherever occurring), substitute
“enforcement”.
13 Subsection 113(5)
Repeal the subsection, substitute:
(5) The Commissioner of the police force in the State in which the person
was apprehended must ensure that the warrant of apprehension, and any copies of
the warrant that are in the possession of any enforcement officer of the State,
are returned to the clerk of the court within 7 days after the enforcement
officer paid the whole of the unpaid amount of the fine to the clerk of the
court.
14 Subsections 113(6) and
(7)
Omit “police”, substitute “enforcement”.
15 Subsections 119(1) to
(4)
Omit “police”, substitute “enforcement”.
16 Subsection 123(2)
Omit “a police”, substitute “an
enforcement”.
17 Application
(1) The amendment made by item 2 applies to:
(a) every warrant for the apprehension of a person:
(i) that was issued in accordance with the Service and Execution of
Process Act 1992 before the commencement of that item; and
(ii) under which the person had not been apprehended before that
commencement; and
(b) every warrant for the apprehension of a person that is issued in
accordance with that Act after that commencement.
(2) The amendment made by item 10 does not apply to a warrant of
apprehension (within the meaning of Part 7 of the Service and Execution of
Process Act 1992) issued before the commencement of that item.
1 At the end of section 154
Add:
(8) In subsection (7):
(a) a reference to an eligible employee includes a reference to a person
who is a member of the superannuation scheme established by the Trust Deed
referred to in section 4 of the Superannuation Act 1990 as
subsequently amended under section 5 of that Act; and
(b) a reference to a pensioner includes a reference to a person who is in
receipt of a pension under that superannuation scheme.
1 Section 2
Insert:
Small Taxation Claims Tribunal means the Taxation Appeals
Division of the Administrative Appeals Tribunal when that Division is required
under Part IIIAA of the Administrative Appeals Tribunal 1975 to be known
as the Small Taxation Claims Tribunal.
2 Section 2 (at the end of the definition of
Tribunal)
Add “or, in appropriate circumstances, the Small Taxation Claims
Tribunal”.
3 Section 14ZO
Omit “AAT”, substitute “Tribunal”.
Note: The heading to section 14ZO is altered by
omitting “AAT” and substituting
“Tribunal”.
4 Subsection 14ZX(4)
Omit “AAT”, substitute “Tribunal”.
5 Subparagraph 14ZZ(a)(i)
Omit “AAT”, substitute “Tribunal”.
6 Paragraph 14ZZ(b)
Omit “AAT”, substitute “Tribunal”.
7 Section 14ZZE
Repeal the section, substitute:
Despite section 35 of the AAT Act, the hearing of a proceeding
before the Tribunal, other than the Small Taxation Claims Tribunal,
for:
(a) a review of a reviewable objection decision; or
(b) a review of an extension of time refusal decision; or
(c) an AAT extension application;
is to be in private if the party who made the application requests that it
be in private.
8 Paragraph 14ZZH(a)
Omit “AAT”, substitute “Tribunal”.
9 Paragraph 14ZZK(a)
Omit “AAT”, substitute “Tribunal”.
10 Subsection 14ZZL(1)
Omit “AAT”, substitute “Tribunal”.
Note: The heading to section 14ZZL is altered by
omitting “AAT” and substituting
“Tribunal”.
11 Subsection 14ZZL(2)
Omit “AAT’s”, substitute
“Tribunal’s”.