Statutes Amendment (Administrative Review Tribunal) Bill

Second Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Industry, Innovation and Science, Minister for Local Government, Minister for Veterans' Affairs) (22:19): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Mr Speaker, I am pleased to introduce the Statutes Amendment (Administrative Review Tribunal) Bill 2024.

The Bill amends several South Australian Acts to substitute all references to the Administrative Appeals Tribunal with references to the Administrative Review Tribunal, due to the recent legislative reforms by the Commonwealth Government.

In May 2024, the Commonwealth Government passed legislation to establish a new Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal as the new federal tribunal responsible for conducting merits reviews of administrative decisions. The Administrative Review Tribunal has the same jurisdiction as the Administrative Appeals Tribunal.

The Commonwealth legislation establishing the Administrative Review Tribunal came into effect on 14 October 2024. The Administrative Appeals Tribunal has now ceased operations, with all matters transferred to the Administrative Review Tribunal.

As a result of these changes, a review of South Australian legislation has been conducted and has identified a number of consequential amendments to South Australian Acts that are required in order to reflect the establishment of the new Administrative Review Tribunal.

Parts 2 to 13 of the Bill make technical amendments to the affected South Australian Acts to substitute all references to the 'Administrative Appeals Tribunal' with references to the newly-created 'Administrative Review Tribunal'.

In addition, references in South Australian Acts to certain provisions in the Administrative Appeals Tribunal Act 1975 (Cth) have been replaced with the equivalent provisions in the Administrative Review Tribunal Act 2024 (Cth).

I commend the Bill to the chamber and seek leave to insert the Explanation of Clauses into Hansard without my reading it.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

Part 2—Amendment of Agricultural and Veterinary Chemicals (South Australia) Act 1994

3—Amendment of section 3—Definitions

This clause amends the definition of Commonwealth administrative laws to substitute the reference to the Administrative Appeals Tribunal Act 1975 with a reference to the Administrative Review Tribunal Act 2024 of the Commonwealth.

4—Amendment of section 16—Application of Commonwealth administrative laws in relation to applicable provisions

This clause amends section 16 of the principal Act to substitute the reference to section 28 of the Administrative Appeals Tribunal Act 1975 with a reference to section 268 of the Administrative Review Tribunal Act 2024 of the Commonwealth.

5—Substitution of section 18A

Proposed section 18A is inserted into the principal Act.

18A—Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth)

This clause substitutes section 18A to replace references to Part IV of the Administrative Appeals Tribunal Act 1975 with references to Part 7 of the Administrative Review Tribunal Act 2024 of the Commonwealth.

Part 3—Amendment of Biological Control Act 1986

6—Amendment of section 54—Appeals to Supreme Court

This clause amends section 54 of the principal Act to substitute a reference to the Administrative Appeals Tribunal Act 1975 with a reference to the Administrative Review Tribunal Act 2024 of the Commonwealth.

Part 4—Amendment of Competition Policy Reform (South Australia) Act 1996

7—Amendment of section 29—Definition

This clause amends the definition of Commonwealth administrative laws to substitute the reference to the Administrative Appeals Tribunal Act 1975 with a reference to the Administrative Review Tribunal Act 2024 of the Commonwealth.

8—Substitution of section 33A

Proposed section 33A is inserted into the principal Act.

33A—Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth)

This clause substitutes section 33A to replace references to Part IV of the Administrative Appeals Tribunal Act 1975 with references to Part 7 of the Administrative Review Tribunal Act 2024 of the Commonwealth.

Part 5—Amendment of Controlled Substances Act 1984

9—Amendment of section 11A—Application of Commonwealth therapeutic goods laws

This clause amends section 11A of the principal Act to insert a reference to the Administrative Review Tribunal.

Part 6—Amendment of Corporations (South Australia) Act 1990

10—Amendment of section 3—Definitions

This clause amends the definition of Commonwealth administrative laws to substitute the reference to the Administrative Appeals Tribunal Act 1975 with a reference to the Administrative Review Tribunal Act 2024 of the Commonwealth.

11—Substitution of section 36A

Proposed section 36A is inserted into the principal Act.

36A—Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth)

This clause substitutes section 36A to replace references to Part IV of the Administrative Appeals Tribunal Act 1975 with references to Part 7 of the Administrative Review Tribunal Act 2024 of the Commonwealth.

Part 7—Amendment of Federal Courts (State Jurisdiction) Act 1999

12—Amendment of section 3—Interpretation

This clause amends the definition of Commonwealth administrative laws to substitute the reference to the Administrative Appeals Tribunal Act 1975 with a reference to the Administrative Review Tribunal Act 2024 of the Commonwealth.

Part 8—Amendment of Gene Technology Act 2001

13—Amendment of section 19—Review of certain decisions

This clause amends section 19 of the principal Act to substitute a reference to the Administrative Appeals Tribunal with a reference to the Administrative Review Tribunal.

Part 9—Amendment of Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013

14—Amendment of section 4—Interpretation

15—Amendment of section 13—Application of Commonwealth administrative laws to applied provisions

These clauses amend the principal Act to substitute references to the Administrative Appeals Tribunal Act 1975 with references to the Administrative Review Tribunal Act 2024 of the Commonwealth.

Part 10—Amendment of New Tax System Price Exploitation Code (South Australia) Act 1999

16—Amendment of section 28—Definition

This clause amends the definition of Commonwealth administrative laws to substitute the reference to the Administrative Appeals Tribunal Act 1975 with a reference to the Administrative Review Tribunal Act 2024 of the Commonwealth.

17—Substitution of section 32A

Proposed section 32A is inserted into the principal Act.

32A—Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth)

This clause substitutes section 32A to replace references to Part IV of the Administrative Appeals Tribunal Act 1975 with references to Part 7 of the Administrative Review Tribunal Act 2024 of the Commonwealth.

Part 11—Amendment of Research Involving Human Embryos Act 2003

18—Amendment of section 21—Interpretation

This clause amends section 21 of the principal Act to provide a definition of Administrative Review Tribunal and repeal the existing definition of Administrative Appeals Tribunal.

19—Amendment of section 22—Review of decisions

This clause amends section 22 to substitute references to the Administrative Appeals Tribunal and the Administrative Appeals Tribunal Act 1975 with references to the Administrative Review Tribunal and the Administrative Review Tribunal Act 2024 of the Commonwealth.

Part 12—Amendment of Sports Drug Testing Act 2000

20—Amendment of section 3—Interpretation

This clause amends section 3 of the principal Act to provide a definition of Administrative Review Tribunal and repeal the existing definition of Administrative Appeals Tribunal.

21—Amendment of section 10—Review by the Administrative Appeals Tribunal of Agency's decisions

This clause amends section 10 of the principal Act to substitute references to the Administrative Appeals Tribunal with references to the Administrative Review Tribunal.

22—Amendment of section 11—Removal of entries from Register

This clause amends section 22 to substitute references to the Administrative Appeals Tribunal and the Administrative Appeals Tribunal Act 1975 with references to the Administrative Review Tribunal and the Administrative Review Tribunal Act 2024 of the Commonwealth.

Part 13—Amendment of Water Efficiency Labelling and Standards (South Australia) Act 2013

23—Amendment of section 3—Interpretation

24—Amendment of section 14—Application of Commonwealth administrative laws to applied provisions

These clauses amend the principal Act to substitute references to the Administrative Appeals Tribunal Act 1975 with references to the Administrative Review Tribunal Act 2024 of the Commonwealth.

Mr TEAGUE (Heysen—Deputy Leader of the Opposition) (22:19): I rise to indicate that the opposition supports the bill. I also indicate I am the lead speaker. This is another bill that is able to progress in the house directly because it was introduced in another place by the Attorney-General on 31 October last year. Unlike some of the business that we have been dealing with in recent days, this for some reason has been around the place now for more than a year having been dealt with in another place in the latter part of last year.

The bill is confined to making consequential amendments to South Australian acts that are consequent on the passage of the commonwealth Administrative Review Tribunal Act 2024. The context of that—and it begs the question whether there is any special reason why this has waited so long, and the minister might address that in closing the debate shortly—is back on 3 June last year, the commonwealth Administrative Review Tribunal Act 2024 received its assent. That act established the ART as a replacement for the AAT, the Administrative Appeals Tribunal, and it re-established the Administrative Review Council. The Administrative Review Tribunal has the same jurisdiction as the AAT.

There are several state acts, unsurprisingly, that reference the AAT, and the bill makes simple consequential amendments to replace references to the AAT and the Administrative Appeals Tribunal Act 1975 with ART and the Administrative Review Tribunal Act 2024 respectively.

As I have indicated, the Liberal Party supports the bill, commends the fact that it is here, commends its passage through the house and, subject to that invitation to the minister, I do not expect that there is the need to go into committee.

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Industry, Innovation and Science, Minister for Local Government, Minister for Veterans' Affairs) (22:22): I thank the member for his support and appreciate the opposition's support.

Bill read a second time.

Third Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Trade and Investment, Minister for Industry, Innovation and Science, Minister for Local Government, Minister for Veterans' Affairs) (22:23): I move:

That this bill be now read a third time.

Bill read a third time and passed.