4550

 

2004-2005

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Administrative Appeals Tribunal Amendment Bill 2004

 

 

(Amendments to be moved in committee of the whole by Senator Ludwig on behalf of the Opposition)

(1)     Schedule 1, page 6 (after line 24), after item 21, insert:

21A  Subsection 8(3)

Repeal the subsection, substitute:

             (3)  Subject to this Part, a member holds office for the period specified in the instrument of appointment, provided that :

                     (a)  the instrument of appointment must specify a period of not less than 5, nor more than 7, years, and

                     (b)  a member is eligible for re-appointment.

[period of appointment]

(2)     Schedule 1, item 66, page 18 (lines 15 and 16), omit paragraph 23(9)(a), substitute:

                     (a)  the President is satisfied that the direction is in the interests of justice for one of the following reasons:

                              (i)  the President has reasonable grounds for concluding that the personal circumstances of, or aspects of the conduct of, the member are such that they may cause, or are causing, an unreasonable delay to the progress of the proceeding;

                             (ii)  the President reasonably suspects that the member is subject to a conflict of interest in relation to the proceedings;

                            (iii)  the President concludes that there is a significant risk that the member will be considered to be subject to a conflict of interest in relation to the proceedings;

                            (iv)  the President reasonably suspects that an action by, or concerning, the member, including the making of a statement, makes it desirable that the member not continue to take part in the proceedings; or

                             (v)  the President reasonably suspects that an inquiry or investigation that the member is or has been subject to makes it desirable that the member not continue to take part in the proceedings.

[reconstitution of Tribunal]

(3)     Schedule 1, page 25 (after line 24), after item 76, insert:

76A  Subsection 27(1)

Repeal the subsection, substitute:

             (1)  Where this Act or any other enactment (other than the Australian Security Intelligence Organisation Act 1979) provides that an application may be made to the Tribunal for a review of a decision, the application may be made:

                     (a)  by or on behalf of any person or persons (including the Commonwealth or an authority of the Commonwealth) whose interests are affected by the decision; or

                     (b)  by a member of Parliament.

[review of decisions]

(4)     Schedule 1, page 25 (after line 24), after item 76, insert:

76B  After subsection 27(1)

Insert:

          (1A)  For the purposes of paragraph (1b):

member of Parliament means a member of the Parliament of the Commonwealth.

[ MP’s have standing]