Bill
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2024
passed, as at 2024-05-31. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2023-12-07
- second reading — 2023-12-07
- second reading — 2024-03-19
- second reading — 2024-03-20
- second reading — 2024-03-21
- second reading — 2024-03-21
- committee — 2024-03-21
- third reading — 2024-03-21
- introduced — 2024-03-25
- second reading — 2024-03-25
- second reading — 2024-05-15
- second reading — 2024-05-16
- third reading — 2024-05-16
- passed — 2024-05-16
- royal assent — 2024-05-31
Divisions
- The majority voted against an [amendment](https://www.openaustralia.org.au/debates/?id=2024-03-21.20.1) introduced by North Sydney MP [Kylea Tink](https://theyvoteforyou.org.au/people/representatives/north_sydney/kylea_tink) (Independent), which means it failed. The amendment would have amended the text of the usual second reading motion, which is "*that the bill be read a second time*" (parliamentary jargon for agreeing with the main idea of the bill). ### Amendment text > *That all words after "That" be omitted with a view to substituting the following words:* > > *"whilst not declining to give the bill a second reading, the House:* > >> *(1) notes that this bill maintains the carve out of a separate, more restrictive procedural code for the Migration and Refugee Division in the Migration Act 1958;* >> >> *(2) further notes that the bill falls short of meeting its objectives because of its unequal treatment of migrant and refugee applicants;* >> >> *(3) notes that non-citizens, including those seeking asylum, refugees, and the stateless, already experience structural exclusion and intersecting barriers to accessing justice once they enter into Australia, including impacts of trauma, language barriers, mental health issues, financial distress, and cultural differences; and* >> >> *(4) calls on the Government to ensure all applicants can equally access a fair and just review and accordingly remove the separate set of procedures under the Migration Act 1958, from this bill so the procedures that apply to applicants generally, also apply to migrant and refugee applicants in the same way".* — 2024-03-21, House of Representatives: negative, ayes 13, noes 54
- The majority voted against an [amendment](https://www.openaustralia.org.au/debate/?id=2024-03-21.36.1) introduced by Clark MP [Andrew Wilkie](https://theyvoteforyou.org.au/people/representatives/clark/andrew_wilkie) (Independent), which means it failed. ### What was the purpose of this amendment? Senator Wilkie [explained that](https://www.openaustralia.org.au/debate/?id=2024-03-21.36.1): > *This amendment simply removes section 367A from the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2023, and the reason for this amendment is also simple: section 367A goes against the very principles of natural justice. Indeed, as drafted, section 367A would replace section 423A of the Migration Act, thereby maintaining a process which has always been unfair to refugees and asylum seekers. In essence, the provision would require the newly formed Administrative Review Tribunal to draw an unfavourable inference as to the credibility of the claim or evidence provided by an applicant if such information was not raised in the primary decision in circumstances where the tribunal is satisfied the applicant does not have a reasonable explanation for the delay. The provision only applies to applicants seeking a review of protection decisions, meaning it will create a disproportionate and unfair disadvantage to refugees and asylum seekers.* ### Amendment text > *(1) Schedule 2, item 170, page 68 (lines 11 to 24), omit section 367A.* — 2024-03-21, House of Representatives: negative, ayes 14, noes 48
- The majority voted against an [amendment](https://www.openaustralia.org.au/debate/?id=2024-03-21.46.1) introduced by Fowler MP [Dai Le](https://theyvoteforyou.org.au/people/representatives/fowler/dai_le) (Independent), which means it failed. ### Amendment text > *(1) Schedule 2, item 171, page 69 (line 15), at the end of subsection 368(1), add:* > >> *; and (e) inform the applicant, where possible, of any further steps needed to be taken by the applicant in order to have their matter finalised.* — 2024-03-21, House of Representatives: negative, ayes 14, noes 43
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2023-12-07.
This bill updates laws in the Treasury portfolio to work with the new Administrative Review Tribunal.
It keeps special rules for tax and charity cases, such as restricting who can apply and requiring private hearings to protect taxpayer confidentiality.
The bill removes the general exemption for tax decisions to give reasons, aligning with current Australian Taxation Office practice.
- Retains special provisions for tax and charity matters that override or replace standard Tribunal rules.
- Removes the general exemption for tax decision-makers to provide reasons for decisions on request.
- Updates terminology and references from the old AAT to the new Tribunal.
People and businesses involved in tax and charity matters reviewed by the Administrative Review Tribunal.
Sources
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