Commonwealth of Australia Explanatory Memoranda

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COURTS AND TRIBUNALS LEGISLATION AMENDMENT (2021 MEASURES NO. 1) BILL 2021

                              2019-2020-2021




      THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                                 SENATE




COURTS AND TRIBUNALS LEGISLATION AMENDMENT (2021 MEASURES NO.
                          1) BILL 2021


          ADDENDUM TO THE EXPLANATORY MEMORANDUM




                       (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.'




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