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LAW AND JUSTICE LEGISLATION AMENDMENT BILL 1994

Order of the day read for the consideration of the bill in committee of

the whole.

In the committee

Bill taken as a whole by leave.

Explanatory memorandum: The Minister for the Environment, Sport and

Territories (Senator Faulkner) tabled a supplementary explanatory

memorandum relating to the Government amendments to be moved to the

bill.

Question--That the bill be agreed to--divided in respect of clauses 53

to 56--

Clauses 53 to 56 debated.

Question--That clauses 53 to 56 stand as printed--put.

The committee divided--

AYES, 57

Abetz Alston Baume Bolkus Boswell Brownhill Burns (Teller) Calvert Campbell Carr Chapman Childs Coates Colston Cooney Crane Crichton-Browne Denman Devereux Ellison Evans, Christopher Faulkner Ferguson Foreman Gibson Herron Hill Jones Kemp Knowles Loosley Macdonald, Ian Macdonald, Sandy MacGibbon McGauran McKiernan Minchin Murphy Neal Newman O'Chee Panizza Parer Patterson Reynolds Schacht Sherry Short Tambling Teague Tierney Troeth Vanstone Watson West Woods Zakharov

NOES, 10

Bell Bourne (Teller) Chamarette Coulter Harradine Kernot Lees Margetts Spindler Woodley

Clauses agreed to.

Senator Spindler moved the following amendments together by leave:

After clause 81, page 30, insert the following Part:

"PART 7A--AMENDMENT OF THE HUMAN RIGHTS AND

EQUAL OPPORTUNITY COMMISSION ACT 1986

Object of Part

"81A. The object of this Part is:

(a) to enable parliamentarians to request the Human Rights and Equal

Opportunity Commission to report on proposed Commonwealth, State

and Territory enactments; and

(b) to provide that reports to the Minister or a parliamentarian by

the Commission be laid before the Parliament.

Principal Act

"81B. In this Part, "Principal Act' means the Human Rights and Equal

Opportunity Commission Act 19865A.

Functions of the Commission

"81C. Section 11 of the Principal Act is amended by inserting the

following paragraph after paragraph (1)(o):

"(oa) the functions conferred on the Commission by section 11A.

Parliamentarians may request the Commission to report

"81D. After section 11 of the Principal Act, the following sections

are inserted:

Parliamentarians may request the Commission to report on proposed

Commonwealth, State or Territory enactments

"11A.(1) A parliamentarian may request the Commission to report to the

parliamentarian on any proposed enactment of the Commonwealth, a

State, or a Territory for the purpose of ascertaining whether the

proposed enactment would be inconsistent with or contrary to any human

right.

"(2) In this section:

"parliamentarian" means a member of the Senate or of the House of

Representatives;

"proposed enactment" means:

(a) a proposed law introduced into the Parliament of the

Commonwealth or the legislature of a State or a Territory; or

(b) a proposed law prepared on behalf of:

(i) the Government of the Commonwealth or of a State, or the

Administration of a Territory; or

(ii) a Minister of State of the Commonwealth or a Minister of a

State Government or a Minister of a Territory

Administration; or

(iii) a body established by law that has the function of

recommending proposed laws of the Commonwealth, a State or

a Territory; or

(c) an instrument proposed to be made under a law of the

Commonwealth, a State, or a Territory.

Reports to the Minister to be laid before the Parliament

"11B.(1) Where the Commission reports to the Minister or a

parliamentarian in accordance with section 11, or under an

intergovernmental arrangement under section 16, or in accordance with

section 11A, the Minister or the parliamentarian, as the case may be,

must lay the report before each House of the Parliament not later than

5 sitting days of that House after the Minister or the parliamentarian

receives the report.

"(2) This section does not apply to a report to which subsection 29(5)

applies.

"(3) In this section, "parliamentarian" has the same meaning as in

section 11A.'.".

After clause 84, page 30, insert the following Part:

"PART 8A--AMENDMENT OF THE PRIVACY ACT 1988

"84A. The object of this Part is:

(a) to enable parliamentarians to request the Privacy Commissioner

to report on proposed Commonwealth, State or Territory

enactments; and

(b) to provide that reports to the Minister or a parliamentarian by

the Commissioner be laid before the Parliament.

Principal Act

"84B. In this Part, "Principal Act' means the Privacy Act 19886A.

Definition

"84C. Section 6 of the Principal Act is amended by inserting the

following definitions in subsection (1):

"parliamentarian", for the purposes of section 27 and 31, means a member

of the Senate or a Member of the House of Representatives;

"proposed enactment" for the purposes of a request by a

parliamentarianunder paragraph 27(1)(b) means:

(a) a proposed law introduced into the Parliament of the

Commonwealth or the legislature of a State or a Territory; or

(b) a proposed law prepared on behalf of:

(i) the Government of the Commonwealth or of a State, or the

Administration of a Territory; or

(ii) a Minister of State of the Commonwealth or a Minister of a

State Government or a Territory Administration; or

(iii) a body established by law that has the function of

recommending proposed laws of the Commonwealth, a State or

a Territory; or

(c) an instrument proposed to be made under a law of the

Commonwealth, a State, or a Territory.'.

Parliamentarians may request Commissioner to report on proposed

Commonwealth, State or Territory enactments

"84D. Section 27 of the Principal Act is amended by inserting "or a

parliamentarian' after "Minister' in paragraph (1)(b).

Reports to the Minister or a parliamentarian to be laid before the

Parliament

"84E. Section 31 of the Principal Act is amended by inserting the

following subsections after subsection (3):

"(3A) Where the Commissioner reports to the Minister or a

parliamentarian in accordance with paragraph 27(1)(b) the Minister

or the parliamentarian, as the case may be, must lay the report

before each House of the Parliament not later than 5 sitting days of

that House after the Minister or the parliamentarian receives the

report.

"(3B) Subsection (3A) does not apply to a report to which subsection

33(4) applies.'.".

Debate ensued.

Question--That the amendments be agreed to--put and negatived.

On the motion of the Minister for Immigration and Ethnic Affairs

(Senator Bolkus) the following amendments, taken together by leave, were

agreed to:

Clause 2, page 1, after subclause (1), insert the following subclause:

"(1A) Part 2A commences on a day to be fixed by Proclamation.".

After clause 5, page 2, insert the following Part:

"PART 2A--AMENDMENT OF THE ADMINISTRATIVE

APPEALS TRIBUNAL ACT 1975

Objects of Part

"5A. The background to this Part is that the current President of the

Administrative Appeals Tribunal has accepted an appointment as

President of the Australian Industrial Relations Commission. The

objects of this Part are:

(a) to allow a Judge to accept a substantive appointment as

President of the Administrative Appeals Tribunal during the

period for which the current President is appointed to the bench

of the Australian Industrial Relations Commission; and

(b) to give the current President of the Administrative Appeals

Tribunal the right to return to the Presidency of the Tribunal

at the end of that period. Principal Act

"5B. In this Part, "Principal Act' means the Administrative Appeals

Tribunal Act 19751A.

Insertion of new section

"5C. After section 8 of the Principal Act the following section is

inserted:

Special provisions--President on the bench of the Australian Industrial

Relations Commission

When section applies

"8A.(1) This section applies if:

(a) a person (the "eligible person") held the office of President of

the Tribunal immediately before the commencement of this

section; and

(b) before the commencement of this section, the eligible person

became the first person to be appointed President of the

Australian Industrial Relations Commission after the

commencement of subsection 16(1A) of the Industrial Relations

Act 1988; and

(c) the eligible person was so appointed for a fixed term (the "IRC

period") specified in the eligible person's commission of

appointment.

Eligible person deemed to have vacated office of President of the

Tribunal

"(2) The eligible person is taken to have vacated the office of

President of the Tribunal immediately after the commencement of this

section.

Tenure of replacement President of the Tribunal

"(3) If the appointment of a person (the "replacement person") to the

office of President of the Tribunal takes effect:

(a) after the commencement of this section and before the end of the

IRC period; and

(b) at a time when:

(i) the eligible person is, or has previously ceased to be,

President of the Australian Industrial Relations Commission;

and

(ii) the eligible person is a Judge of the Federal Court of

Australia; and

(iii) the eligible person has not given a written notice to the

Governor-General to the effect that the eligible person no

longer wishes to return to the Tribunal;

then, in spite of section 8, the replacement person holds the office of

President of the Tribunal until:

(c) the end of the IRC period; or

(d) the eligible person ceases to be a Judge of the Federal Court of

Australia; or

(e) the eligible person gives a written notice to the

Governor-General to the effect that the eligible person no

longer wishes to return to the Tribunal; or

(f) the replacement person dies, resigns, retires or is removed from

office; or

(g) the replacement person ceases to be a Judge; or

(h) the replacement person's 70th birthday;

whichever first happens.

Eligible person to be re-appointed as President of the Tribunal

"(4) If:

(a) the eligible person is a Judge of the Federal Court of Australia

at the end of the IRC period; and

(b) the eligible person has not given a written notice to the

Governor-General to the effect that the eligible person no

longer wishes to return to the Tribunal;

the eligible person is taken to have been re-appointed as President of

the Tribunal under section 6 immediately after the end of the IRC

period. However, the eligible person does not have to take an oath or

affirmation under section 10B in respect of that re-appointment.'.".

Clause 66, page 27, subclause (1), omit the subclause, substitute the

following subclause:

"66.(1) Schedule 2 to the Principal Act is amended:

(a) by omitting the heading to Part II and substituting the

following headings:

"PART II

Agencies exempt in respect of particular documents

Division 1';

(b) by inserting in Part II the following items (before the item

relating to the Department of Defence):

"Comcare, in relation to documents in respect of its commercial

activities

Commonwealth Scientific and Industrial Research Organisation, in

relation to documents in respect of its commercial activities';

(c) by adding at the end of Part II the following heading and item:

"Division 2

Australian Statistician, in relation to documents containing

information collected under the Census and Statistics Act 1905'.".

After clause 67, page 27, insert the following clause:

Consequential amendments of the Privacy Act 1988

"67A. Section 7 of the Privacy Act 1988 is amended:

(a) by omitting subparagraph (1)(a)(i) and substituting the

following subparagraph:

"(i) an agency specified in any of the following provisions of

the Freedom of Information Act 1982:

(A) Schedule 1;

(B) Part I of Schedule 2;

(C) Division 1 of Part II of Schedule 2;';

(b) by inserting in paragraph (1)(c) "Division 1 of' after

"specified in';

(c) by inserting in subsection (2) "Part I of' after "specified in';

(d) by inserting in subsection (2) "or in Division 1 of Part II of

that Schedule' after "1982'.".

Senator Bolkus moved--That the committee report progress and ask leave

to sit again.

Question put and passed.

The Acting Deputy President (Senator Teague) resumed the Chair and the

Temporary Chairman of Committees (Senator Calvert) reported that the

committee had considered the bill, made progress and asked leave to sit

again.

Ordered, on the motion of Senator Bolkus, that the committee have leave

to sit again at a later hour.