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senate vote 2023-12-05#15
Edited by
mackay staff
on
2024-05-04 13:26:39
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Title
Nature Repair Market Bill 2023 and another - in Committee - Authorised person and review of administrative decisions- Nature Repair Market Bill 2023 and another - in Committee - Standing for injuction and judicial review
Description
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- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2023-12-05.265.1) introduced by South Australian Senator [David Pocock](https://theyvoteforyou.org.au/people/senate/act/david_pocock) (Independent), which means they failed.
- ### Amendment text
- > *(1) Clause 192, page 219 (lines 8 to 11), omit subclause (2), substitute:*
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- >> *Authorised person*
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- >> *(2) For the purposes of Part 7 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions mentioned in subsection (1):*
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- >>> *(a) the Chair of the Regulator;*
- >>>
- >>> *(b) any other person, whether the rights or interests of the person are affected.*
- >
- > *(2) Clause 192, page 219 (lines 12 to 14), omit "An authorised person may, in writing, delegate the authorised person's powers and functions under Part 7 of the Regulatory Powers Act", substitute "The Chair of the Regulator may, in writing, delegate the Chair's powers and functions under Part 7 of the Regulatory Powers Act as an authorised person".*
- >
- > *(3) Clause 211, page 233 (after line 8), at the end of the clause, add:*
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- >> *There is extended standing for judicial review under the Administrative Decisions (Judicial Review) Act 1977 in relation to decisions made under this Act.*
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- > *(4) Page 237 (after line 29), at the end of Part 20, add:*
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- >> *Division 3 — Review of administrative decisions*
- >>
- >> *217A Extended standing for judicial review*
- >>
- >> *(1) This section extends (and does not limit) the meaning of the term person aggrieved in the Administrative Decisions (Judicial Review) Act 1977 for the purposes of the application of that Act in relation to:*
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- >>> *(a) a decision made under this Act; or*
- >>>
- >>> *(b) a failure to make a decision under this Act; or*
- >>>
- >>> *(c) conduct engaged in for the purpose of making a decision under this Act.*
- >>
- >> *(2) Any individual is taken to be a person aggrieved by the decision, failure or conduct.*
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>> *(3) A term (except person aggrieved) used in this section and in the Administrative Decisions (Judicial Review) Act 1977 has the same meaning in this section as it has in that Act.*- >> *(3) A term (except person aggrieved) used in this section and in the Administrative Decisions (Judicial Review) Act 1977 has the same meaning in this section as it has in that Act.*
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senate vote 2023-12-05#15
Edited by
mackay staff
on
2024-05-04 13:25:05
|
Title
Bills — Nature Repair Market Bill 2023, Nature Repair Market (Consequential Amendments) Bill 2023; in Committee- Nature Repair Market Bill 2023 and another - in Committee - Authorised person and review of administrative decisions
Description
<p class="speaker">Andrew McLachlan</p><p>The question before the chair is that the amendments on sheet 2314 be agreed to.</p>-
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2023-12-05.265.1) introduced by South Australian Senator [David Pocock](https://theyvoteforyou.org.au/people/senate/act/david_pocock) (Independent), which means they failed.
- ### Amendment text
- > *(1) Clause 192, page 219 (lines 8 to 11), omit subclause (2), substitute:*
- >
- >> *Authorised person*
- >>
- >> *(2) For the purposes of Part 7 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions mentioned in subsection (1):*
- >>
- >>> *(a) the Chair of the Regulator;*
- >>>
- >>> *(b) any other person, whether the rights or interests of the person are affected.*
- >
- > *(2) Clause 192, page 219 (lines 12 to 14), omit "An authorised person may, in writing, delegate the authorised person's powers and functions under Part 7 of the Regulatory Powers Act", substitute "The Chair of the Regulator may, in writing, delegate the Chair's powers and functions under Part 7 of the Regulatory Powers Act as an authorised person".*
- >
- > *(3) Clause 211, page 233 (after line 8), at the end of the clause, add:*
- >
- >> *There is extended standing for judicial review under the Administrative Decisions (Judicial Review) Act 1977 in relation to decisions made under this Act.*
- >
- > *(4) Page 237 (after line 29), at the end of Part 20, add:*
- >
- >> *Division 3 — Review of administrative decisions*
- >>
- >> *217A Extended standing for judicial review*
- >>
- >> *(1) This section extends (and does not limit) the meaning of the term person aggrieved in the Administrative Decisions (Judicial Review) Act 1977 for the purposes of the application of that Act in relation to:*
- >>
- >>> *(a) a decision made under this Act; or*
- >>>
- >>> *(b) a failure to make a decision under this Act; or*
- >>>
- >>> *(c) conduct engaged in for the purpose of making a decision under this Act.*
- >>
- >> *(2) Any individual is taken to be a person aggrieved by the decision, failure or conduct.*
- >>
- >> *(3) A term (except person aggrieved) used in this section and in the Administrative Decisions (Judicial Review) Act 1977 has the same meaning in this section as it has in that Act.*
<p> <i>Senator </i> <i>David Pocock's circulated amendment</i> <i>s</i> <i></i></p><p class="italic">(1) Clause 192, page 219 (lines 8 to 11), omit subclause (2), substitute:</p><p class="italic"> <i>Authorised person</i></p><p class="italic">(2) For the purposes of Part 7 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions mentioned in subsection (1):</p><p class="italic">(a) the Chair of the Regulator;</p><p class="italic">(b) any other person, whether the rights or interests of the person are affected.</p><p class="italic">(2) Clause 192, page 219 (lines 12 to 14), omit "An authorised person may, in writing, delegate the authorised person's powers and functions under Part 7 of the Regulatory Powers Act", substitute "The Chair of the Regulator may, in writing, delegate the Chair's powers and functions under Part 7 of the Regulatory Powers Act as an authorised person".</p><p class="italic">(3) Clause 211, page 233 (after line 8), at the end of the clause, add:</p><p class="italic">There is extended standing for judicial review under the <i>Administrative Decisions (Judicial Review) Act 1977</i> in relation to decisions made under this Act.</p><p class="italic">(4) Page 237 (after line 29), at the end of Part 20, add:</p><p class="italic">Division 3 — Review of administrative decisions</p><p class="italic">217A Extended standing for judicial review</p><p class="italic">(1) This section extends (and does not limit) the meaning of the term <i>person aggrieved</i> in the <i>Administrative </i><i>Decisions (Judicial Review) Act 1977</i> for the purposes of the application of that Act in relation to:</p><p class="italic">(a) a decision made under this Act; or</p><p class="italic">(b) a failure to make a decision under this Act; or</p><p class="italic">(c) conduct engaged in for the purpose of making a decision under this Act.</p><p class="italic">(2) Any individual is taken to be a person aggrieved by the decision, failure or conduct.</p><p class="italic">(3) A term (except <i>person aggrieved</i>) used in this section and in the <i>Administrative Decisions (Judicial Review) Act 1977</i> has the same meaning in this section as it has in that Act.</p><p></p> -
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