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Civil Law and Justice Legislation Amendment Bill 2018


Previous citations:

Civil Law and Justice Legislation Amendment Bill 2017



Type
Government
Originating house
Senate
Status
Before Reps
Portfolio
Attorney-General

Summary

Amends the: Acts Interpretation Act 1901 and Legislation Act 2003 to clarify the validity of ministerial acts and the operation of provisions about the management of compilations prepared for the Federal Register of Legislation; Archives Act 1983 to: provide the National Archives of Australia with tools to manage high-volume applicants requesting access to records; and make other minor technical amendments; Bankruptcy Act 1966 to clarify that the Family Court of Australia has bankruptcy jurisdiction when a trustee applies to have a financial agreement set aside under the Family Law Act 1975; Domicile Act 1982 to provide that it applies to territories currently specified in the Domicile Regulations 1982; Evidence Act 1995 to amend the presumption about when postal articles sent by prepaid post are received; Family Law Act 1975 to: introduce new offences relating to international parental child abduction and to allow a person to request a location order for the purposes of the Hague Convention on the Civil Aspects of International Child Abduction; clarify who may perform the powers of the registry managers; align financial and other provisions for de facto and married couples; make various amendments relating to the operation of the family law courts; and make minor and technical amendments; International Arbitration Act 1974 to: specify the meaning of ‘competent court’ for the purpose of the Model Law; clarify procedural requirements for enforcement of an arbitral award; modernise provisions governing certain arbitrators’ powers; and clarify the application of certain confidentiality provisions; Marriage Act 1961 to: remove outdated concepts and ensure consistency with the Family Law Act 1975 in relation to parental consent for the marriage of minors; and make minor and technical amendments; and Sex Discrimination Act 1984 to remove the exemption for discrimination against women employed, engaged or appointed in Australian Defence Force positions involving combat duties. Also makes consequential amendments to nine Acts.

Progress of bill

For committee reference information, please see the Notes section at the end of this page.

Senate
Introduced and read a first time 22/03/17  
Second reading moved 22/03/17  
Second reading debate 05/02/18  
Second reading debate 12/09/18  
Second reading agreed to 12/09/18  
Committee of the Whole debate 12/09/18 Amendment details: 17 Government agreed to
Third reading agreed to 12/09/18  
     
House of Representatives
Introduced and read a first time 17/09/18  
     

Text of bill

  • First reading

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  • Third reading

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Explanatory memoranda

  • Explanatory memorandum

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  • Supplementary explanatory memorandum relating to sheet GJ134

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  • Addendum to explanatory memorandum

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  • Supplementary explanatory memorandum relating to sheet GJ143

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  • Addendum to explanatory memorandum

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  • Supplementary explanatory memorandum relating to sheet GJ134 as revised

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Second reading speeches


Proposed amendments

Senate
  • Government [sheet GJ134 revised]

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  • Government [sheet GJ143]

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  • Government [sheet GJ134]

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  • Katter's Australian Party [8507]
ANNING, Sen Fraser

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  • Liberal Democratic Party [sheet 8205]
LEYONHJELM, Sen David

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  • Nick Xenophon Team [sheet 8215]
KAKOSCHKE-MOORE, Sen Skye

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Schedules of amendments

Bills Digest



Notes
  • Considered by scrutiny committee (29/03/2017): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 5 of 2017
  • Referred to Committee (30/03/2017): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (10/05/2017)