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

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1418

2019-2021

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

 

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

 

 

(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.

[appointments]

(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.

[appointments]