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Wednesday, 6 February 2013
Page: 333


Mr DREYFUS (IsaacsAttorney-General and Minister for Emergency Management) (16:05): I present a supplementary explanatory memorandum to the bill. I ask leave of the House to move government amendments (1) to (9) as circulated.

Leave granted.

Mr DREYFUS: I move government amendments (1) to (9), as circulated, together:

(1) Schedule 1, page 23 (before line 18), before item 111, insert:

110A Subsection 100.1(1) of the Criminal Code (paragraph (c) of the definition of issuing court )

   Omit "Federal Magistrates Court", substitute "Federal Circuit Court of Australia".

(2) Schedule 1, page 23, after proposed item 110A, insert:

110B Paragraph 105.2(1)(c) of the Criminal Code

   Repeal the paragraph.

(3) Schedule 1, page 23, after proposed item 110B, insert:

110C Subsection 105.11(1) of the Criminal Code (note)

   Omit "Federal Magistrates,".

(4) Schedule 1, page 23, after proposed item 110C, insert:

110D Section 105.12 of the Criminal Code (heading)

   Repeal the heading, substitute:

105.12 Judge, AAT member or retired judge may make continued preventative detention order

110E Subsection 105.12(1) of the Criminal Code (note)

   Omit "Federal Magistrates,".

(5) Schedule 1, page 23, after proposed item 110E, insert:

110F Subsection 105.18(2) of the Criminal Code

   Omit ", a Federal Magistrate".

110G Subsection 105.18(2) of the Criminal Code

   Omit ", Federal Magistrate".

(6) Schedule 1, page 23, after proposed item 110G, insert:

110H Subsections 105.43(4), (5) and (7) of the Criminal Code

   Omit "Federal Magistrate" (wherever occurring), substitute "Judge of the Federal Circuit Court of Australia".

(7) Schedule 1, page 23, after proposed item 110H, insert:

110J Section 105.46 of the Criminal Code (heading)

   Repeal the heading, substitute:

105.46 Nature of functions of Federal Circuit Court Judge

110K Section 105.46 of the Criminal Code

   Omit "Federal Magistrate" (wherever occurring), substitute "Judge of the Federal Circuit Court of Australia".

110L Subsection 105.46(3) of the Criminal Code

   Omit "Federal Magistrates Court", substitute "Federal Circuit Court of Australia".

(8) Schedule 1, page 23, after proposed item 110L, insert:

110M At the end of Division 106 of the Criminal Code

   Add:

106.4 Saving—Federal Magistrates

(1) An appointment that is in force immediately before the commencement of this section under subsection 105.2(1) in respect of a Federal Magistrate continues in force, after that commencement, as an appointment in respect of a Judge of the Federal Circuit Court of Australia under that subsection.

(2) A consent that is in force immediately before the commencement of this section under subsection 105.2(2) in respect of a Federal Magistrate continues in force, after that commencement, as a consent in respect of a Judge of the Federal Circuit Court of Australia.

(3) A thing done by, or in relation to, a Federal Magistrate, as an issuing authority for continued preventative detention orders, under Division 105 before the commencement of this section has effect, after that commencement, as if it had been done by, or in relation to, a Judge of the Federal Circuit Court of Australia, as an issuing authority for continued preventative detention orders, under that Division.

(9) Schedule 4, item 3, page 99 (line 20), after "108,", insert "110M,".

I propose amendments of the Federal Circuit Court of Australia (Consequential Amendments) Bill 2012 to include additional consequential amendments to part 5.3 of the Criminal Code Act 1995. The Federal Circuit Court of Australia (Consequential Amendments) Bill 2012 will operate together with the Federal Circuit Court of Australia Legislation Amendment Act 2012 and make consequential amendments to Commonwealth legislation to reflect changes to the name of the Federal Magistrates Court and the title of Federal Magistrate. These government amendments will update relevant references in part 5.3 of the Criminal Code in accordance with the court's new name as the Federal Circuit Court of Australia and the new title of Federal Magistrate as Judge. The amendments also include provisions to preserve the continuity of existing arrangements for functions exercised by a Federal Magistrate under the new title of Judge.

The proposed consequential amendments to part 5.3 of the Criminal Code were not included in the originating bill to allow for the necessary consultation with states and territories on the proposed reforms. Members of the House may recall that the jurisdictions entered into the Inter-Governmental Agreement on Counter-Terrorism Laws in 2004. This agreement sets out a process for obtaining national agreement to any proposed amendments to part 5.3 of the Criminal Code and requires the Commonwealth to obtain the agreement of a majority of states and territories including at least four states prior to introducing any proposed amendments in parliament. The government is pleased to have obtained the agreement of jurisdictions in accordance with the inter-governmental agreement.

I have also approved minor corrections to the explanatory memorandum of the Federal Circuit Court of Australia (Consequential Amendments) Bill 2012 to correct descriptive information and typographical errors.

Question agreed to.

Bill, as amended, agreed to.

Ordered that this bill be reported to the House with amendments.