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

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COurts and tribunals legislation amendment (2021 Measures no. 1) bill 2021





(Circulated by authority of the

Attorney-General, Senator the Honourable Michaelia Cash)





Courts and tribunals legislation amendment (2021 measures no. 1) bill 2021


schedule 1 - Main amendments


1.       On page 29, paragraph 137 of the Explanatory Memorandum — omit ‘they are made by the Admiralty Rules Committee’, substitute ‘they are made in consultation with the Admiralty Rules Committee’ to correct a typographical error.


The following insertion responds to concerns raised by the Senate Standing Committee for the Scrutiny of Bills in Scrutiny Digest No. 10, dated 13 July 2021.

2.       On page 30, paragraph 139 of the Explanatory Memorandum, after the sentence: ‘Subparagraph 41(5) applies the Legislation Act (other than sections 8, 9, 10 and 16 and Part 4 of Chapter 3 of that Act) to the Admiralty Rules.’, insert: ‘Subparagraph 41(5)(b) allows for further modifications or adaptations to the application of the Legislation Act 2003 to the Admiralty Rules 1988 , in accordance with regulations prescribed under the Admiralty Act. This approach is consistent with that taken in respect of other federal rules of court. This subparagraph makes clear that the application of the Legislation Act 2003 to the Admiralty Rules 1988 may not be modified or adapted in relation to the operation of the parliamentary scrutiny provisions of the Legislation Act 2003 (Part 2 of Chapter 3 of that Act), thereby ensuring that parliamentary scrutiny of any such regulations remains in place.’