David Johnston (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

by leave—I move government amendments (1) to (5) and (7) on sheet QW307 together:

(1)    Schedule 1, page 4 (after line 24), after item 6, insert:

6A  Subsection 203A(1)

Repeal the subsection, substitute:

        (1)    Subject to section 203AA, the Commonwealth Minister may:

             (a)    invite applications from eligible bodies, in the way determined in writing by the Commonwealth Minister, for recognition as the representative body for an area; or

             (b)    invite an eligible body, in writing, to make an application for recognition as the representative body for an area.

6B  Subsection 203A(2)

After “for which”, insert “an application or”.

6C  Subsection 203A(3)

After “within which”, insert “the application or”.

(2)    Schedule 1, item 7, page 4 (lines 27 to 30), omit subsection 203A(3A), substitute:

     (3A)    The invitation may specify the period for which an eligible body would be recognised, if the body successfully applied for recognition. The period must be:

             (a)    unless subsection (3B) applies, of no less than 2 years; and

             (b)    of no more than 6 years.

      (3B)    The period specified may be of less than 2 years, but no less than 1 year, if:

             (a)    the body is under external administration; or

             (b)    a person is currently appointed, under a condition imposed by the Secretary in compliance with paragraph 203CA(1)(e), to deal with funds provided under Division 4 of this Part to the body; or

             (c)    the Commonwealth Minister is of the opinion that specifying a period of that length would promote the efficient performance of the functions mentioned in subsection 203B(1).

(3)    Schedule 1, page 4 (after line 30), after item 7, insert:

7A  Subsection 203A(4)

Omit “under subsection (1) for inviting applications”, substitute “under paragraph (1)(a) for inviting applications from eligible bodies”.

(4)    Schedule 1, item 8, page 5 (lines 27 to 29), omit subsection 203AA(3), substitute:

        (3)    The invitation must specify the period for which the body would be recognised, if an application were made. The period specified must be:

             (a)    unless subsection (3A) applies, of no less than 2 years; and

             (b)    of no more than 6 years.

     (3A)    The period specified may be of less than 2 years, but no less than 1 year, if:

             (a)    the body is under external administration; or

             (b)    a person is currently appointed, under a condition imposed by the Secretary in compliance with paragraph 203CA(1)(e), to deal with funds provided under Division 4 of this Part to the body; or

             (c)    the Commonwealth Minister is of the opinion that specifying a period of that length would promote the efficient performance of the functions mentioned in subsection 203B(1).

(5)    Schedule 1, page 6 (after line 8), after item 8, insert:

8A  Subsection 203AB(1)

Repeal the subsection, substitute:

        (1)    Subject to subsection (3), an eligible body may apply to the Commonwealth Minister, in the form approved by the Commonwealth Minister, for recognition as the representative body for the area, or for one or more of the areas, in respect of which:

             (a)    the body has been invited under section 203A to make an application; or

             (b)    eligible bodies have been invited under section 203A to make applications.

(7)    Schedule 1, item 15, page 8 (lines 12 to 16), omit paragraph 203AD(2D)(b), substitute:

             (b)    if the body applied for recognition on the basis of an invitation in which no period of recognition was specified—the period of recognition specified in the instrument of recognition must be:

                   (i)    unless subsection (2E) applies, of no less than 2 years; and

                  (ii)    of no more than 6 years.

      (2E)    The period specified may be of less than 2 years, but no less than 1 year, if:

             (a)    the body is under external administration; or

             (b)    a person is currently appointed, under a condition imposed by the Secretary in compliance with paragraph 203CA(1)(e), to deal with funds provided under Division 4 of this Part to the body; or

             (c)    the Commonwealth Minister is of the opinion that specifying a period of that length would promote the efficient performance of the functions mentioned in subsection 203B(1).

I table the supplementary explanatory memorandum, which I found beneath a large pile of papers on my desk.

Question agreed to.