Bills

Statutes Amendment (Administrative Review Tribunal) Bill

Introduction and First Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:27): Obtained leave and introduced a bill for an act to make amendments to various acts consequential to the enactment of the Administrative Review Tribunal Act 2024 of the commonwealth. Read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:28): I move:

That this bill be now read a second time.

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 merit 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 Administrative Review Tribunal.

Parts 2 to 13 of the bill make technical changes to the affected South Australian acts and 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 in Hansard without my reading it.

Leave granted.

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.

Debate adjourned on motion of Hon. L.A. Henderson.