ACT Amendments to Freedom of Information Act 2016 Commence
On 15 October, the Freedom of Information Amendment Act 2019 (ACT) (‘the Amending Act’) commenced by written notice of the Minister. The Amending Act was passed by the Legislative Assembly on 26 September 2019. The Freedom of Information Amendment Bill 2019 (ACT) was initially presented to the Legislative Assembly by the Attorney-General, Gordon Ramsay, for the purpose of amending the Freedom of Information Act 2016 (ACT) (‘the FI Act’) in order to streamline and improve the administrative and decision-making processes involved in information access applications to governmental agencies and Ministers and ombudsman reviews.
Draft Commonwealth Bills Released in Response to ASIC Enforcement Review Taskforce
Recommendations
On 19 October 2016, then Minister for Revenue and Financial Services Kelly O’Dwyer, announced a taskforce in order to review the enforcement regime of the Australian Securities and Investments Commission (“ASIC”). The ASIC Enforcement Review Taskforce (“the Taskforce”) assessed the suitability of existing regulatory tools and included an examination of legislation dealing with corporations, financial services, credit and insurance.
In the case of BVD17 v Minister for Immigration and Border Protection & Anor [2019] HCA 34 (9 October 2019), the High Court of Australia has dismissed an appeal from a decision from the Full Court of the Federal Court of Australia concerning the procedural fairness obligations of the Immigration Assessment Authority (the "Authority") - BVD17 v Minister for Immigration and Border Protection [2018] FCAFC 114 (25 July 2018).
New CTH Act Provides Independent Body of Review for Live Animal Exports
On 2 October 2019, the Inspector-General of Live Animal Exports Act 2019 (Cth) (‘the Act’) received assent as Act 81 of 2019. The entirety of the Act commenced on 3 October. However, since 18 March 2019 and throughout the parliamentary process, due to the pending completion of this legislation to secure statutory appointment, Mr Ross Carter has acted as Interim Inspector-General of Live Animal Exports. Mr Carter was engaged to fill the role for a 12 month period and it is expected the role will be appointed by the Minister at some point prior to the expiry of that period.
South Australia Considering Bill To Create Standalone Surrogacy Legislation; Allow
Single Parents
On 1 August 2019, South Australian Attorney-General Vickie Chapman introduced the Surrogacy Bill 2019 (SA) (“the Bill”) to the House of Assembly. The Bill passed the lower house with amendments on 26 September 2019.
CTH Considering Bill To Make Changes To The Work Test For Paid Parental Leave
On 11 September 2019 the Paid Parental Leave Amendment (Work Test) Bill 2019 (Cth) (the “Bill”) was introduced to the House of Representatives. The Bill passed the Lower House on 19 September 2019 and was introduced to the Senate later on the same day. The Bill was initially introduced by the Hon Dan Tehan, Minister for Education, and proposes to amend the Paid Parental Leave Act 2010 (Cth) (the “Act”).
ACT Passes Legislation for Personal Cannabis Use and New Cannabis Offences
On 25 September 2019, the Drugs of Dependence (Personal Cannabis Use) Amendment Bill 2018 (ACT) (‘the Bill’) was passed by the ACT Legislative Assembly. The Bill was first introduced as a private member’s bill to the Assembly on the 28 November 2018 by Michael Pettersson, the local Labor member for the seat of Yerrabi. Originally, the Bill was set to commence on 1 July 2019, however since this date had passed, the Bill was amended, as proposed by private member Shane Rattenbury, so as to change the date of commencement to a day that will be fixed by the Minister by written notice.
Victoria Releases Draft Extractive Industries Regulations for Public Consultation
On 20 September 2019, the draft Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2019 (VIC) (“the Draft Regulations”) and its regulatory impact statement were released for public consultation. The Draft Regulations remake the Mineral Resources (Sustainable Development) (Extractive Industries) Interim Regulations 2010 (VIC), which are due to expire on 27 January 2020.
Justice Legislation Miscellaneous Amendments Bill 2019 Introduced Into Tasmanian Parliament
The Justice Legislation Miscellaneous Amendments Bill 2019 (Tas) (the “Bill”) was introduced to Tasmania’s House of Assembly on 24 September 2019 by the Hon Elise Archer, the Minister for Justice ("the Minister"). It proposes to amend the Criminal Code Act 1924; the Criminal Law (Detention and Interrogation) Act 1995; and the Sentencing Act 1997.
CTH Passes Two Acts That Establish The National Sports Tribunal
On 19 September, the National Sports Tribunal Act 2019 (Cth) (‘the Principal Act’) and the National Sports Tribunal (Consequential Amendments and Transitional Provisions) Act 2019 (Cth) (‘the Amending Act’) received assent as Acts 68 and 69 of 2019 respectively. The National Sports Tribunal Act 2019 (Cth) and the National Sports Tribunal (Consequential Amendments and Transitional Provisions) Act 2019 (Cth) were originally introduced into the House of Representatives by Karen Andrews, the Minister for Industry, Science and Technology (‘the Minister’). Both bills finally passed through both Houses on 11 September 2019. The Acts are intended to help establish an effective, independent, transparent and specialist tribunal to facilitate sports-related dispute resolution.
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