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21       Courts and Tribunals Legislation Amendment (2021 Measures No. 1) Bill 2021

Order of the day read for the adjourned debate on the motion of the Assistant Minister for Forestry and Fisheries (Senator Duniam)—That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

 

 

 

In the committee

Bill taken as a whole by leave.

Senator Patrick moved the following amendments on sheet 1418 together by leave:

(1)—Schedule 1, item 45, page 17 (lines 4 and 5), omit the item, substitute:

45  Paragraph 7(2)(b)

Omit “; or”, substitute “.”.

45A  Paragraph 7(2)(c)

Repeal the paragraph.

45B  Subsection 7(3)

Repeal the subsection, substitute:

   (3)  Subject to subsection (4), a person must not be appointed as a senior member or other member unless the person is enrolled as a legal practitioner (however described) of the High Court or the Supreme Court of a State or Territory and has been so enrolled for at least 5 years.

   (4)  A person may be appointed as a senior member or other member of the Taxation and Commercial Division if the person is:

                       (a)  a member of CPA Australia who:

                                     (i)  holds a Public Practice Certificate issued by CPA Australia Ltd; and

                                    (ii)  is entitled to use the letters “CPA” or “FCPA”; and

                                   (iii)  is subject to, and complies with, CPA Australia’s continuing professional education requirements; or

                      (b)  a member of The Institute of Chartered Accountants in Australia ( ICAA ) who:

                                     (i)  holds a Certificate of Public Practice issued by ICAA; and

                                    (ii)  is entitled to use the letters “ACA”, “CA” or “FCA”; and

                                   (iii)  is subject to, and complies with, ICAA’s continuing professional education requirements; or

                       (c)  a member of the Institute of Public Accountants ( IPA ) who:

                                     (i)  holds a Public Practice Certificate issued by IPA; and

                                    (ii)  is entitled to use the letters “FIPA” or “MIPA”; and

                                   (iii)  is subject to, and complies with, IPA’s continuing professional education requirements.

45C  After subsection 8(3)

Insert:

(3A)  To avoid doubt, a member is not eligible for re-appointment to an office unless the member meets the requirements in section 7 for appointment to the office.

(2)—Schedule 1, item 60, page 19 (before line 2), before subitem 60(1), insert:

(1A)            The repeal of paragraph 7(2)(c) of the Administrative Appeals Tribunal Act 1975 by this Part applies in relation to appointments or re-appointments made on or after the commencement of this item.

(1B) The repeal and substitution of subsection 7(3) of the Administrative Appeals Tribunal Act 1975 by this Part applies in relation to appointments or re-appointments made on or after the commencement of this item.

Debate ensued.

Question—That the amendments be agreed to—put and negatived. All Australian Greens senators and Senator Patrick, by leave, recorded their votes for the ayes.

Senator Patrick moved the following amendment on sheet 1419:

(1)—Schedule 1, page 21 (after line 17), after Part 10, insert:

Part 10A—Appeals to courts

Administrative Appeals Tribunal Act 1975

65A  Paragraph 43(5AA)(b)

Omit “on a question of law”, substitute “for error of law”.

65B  Part IVA (heading)

After “ Appeals ”, insert “ for errors of law ”.

65C  Subsection 44(1) (heading)

Omit “ on question of law ”, substitute “ for error of law ”.

65D  Subsection 44(1)

Omit “on a question of law”, substitute “for error of law”.

65E  Subsection 44AAA(1)

Omit “on a question of law”, substitute “for error of law”.

65F  Application provision

(1)   The amendment of paragraph 43(5AA)(b) of the Administrative Appeals Tribunal Act 1975 made by this Part applies in relation to a written notice given on or after the commencement of this item.

(2)   The amendments of Part IVA of the Administrative Appeals Tribunal Act 1975 made by this Part apply in relation to an appeal that is instituted on or after the commencement of this item.

Debate ensued.

Question—That the amendment be agreed to—put and negatived. All Australian Greens senators and Senator Patrick, by leave, recorded their votes for the ayes.

Explanatory memorandum : The Attorney-General (Senator Cash) tabled an addendum to the explanatory memorandum relating to the bill.

Senator Watt moved the following amendment on sheet 1403:

(1)—Schedule 1, item 64, page 21 (lines 7 to 14), to be opposed .

Question—That item 64 of Schedule 1 stand as printed—put and negatived.

Senator Watt moved the following amendment on sheet 1404 revised:

(2)—Schedule 1, items 101 and 102, page 30 (lines 14 to 23), to be opposed .

Limitation of debate : The time allotted for the consideration of the bills expired ( see entry no. 18 ).

Question—That items 101 and 102 of Schedule 1 stand as printed—put and negatived.

The following amendment circulated by the Opposition on sheet 1404 revised was considered:

(1)—Schedule 1, page 30 (line 13), omit the heading.

Question—That the amendment be agreed to—put and passed.

The following amendment circulated by the Opposition on sheet 1391 was considered:

(1)—Schedule 1, item 45, page 17 (lines 4 to 5), to be opposed .

Question—That item 45 stand as printed—put and negatived.

 

 

 

Pursuant to order, the committee reported to the Senate.

Question—That the remaining stages of the bill be agreed to and the bill be now passed—put and passed.

Bill read a third time.