Nita Green (Queensland, Australian Labor Party, Assistant Minister for Tourism) Share this | Hansard source

by leave—I move government amendments (1) to (3) on sheet GJ111 together:

(1) Schedule 1, item 9, page 5 (lines 23 to 24), omit "relates to a refusal to grant a student visa or another decision", substitute "is for review of a decision relating to a temporary visa, and is".

(2) Schedule 1, item 16, page 7 (lines 9 to 12), omit paragraphs 367C(2)(a) and (b), substitute:

(a) the decision is a decision relating to a temporary visa; and

(b) the application is of a kind (if any) prescribed for the purposes of this subsection.

(3) Schedule 1, page 15 (after line 13), at the end of the Schedule, add:

Part 3 — Other amendments

Administrative Review Tribunal Act 2024

22 Subsection 212(2)

After "President" (first occurring), insert "in the circumstances mentioned in paragraph (1)(a) (vacancy in the office of President)".

23 After subsection 212(2)

Insert:

(2A) A person must not be appointed to act as the Presidentin the circumstances mentioned in paragraph (1)(b) (absence, etc.) unless:

(a) either:

(i) the person is qualified, as mentioned in subsection 205(3), to be appointed as the President; and

(ii) the Minister has consulted the Chief Justice of the Federal Court; or

(b) the person is a member who is a Non-Judicial Deputy President.

(2B) An appointment of a member who is a Non-Judicial Deputy President to act as the President as mentioned in paragraph (2A)(b) must not be for a period of more than 3 weeks.

24 Subsection 212(7)

Repeal the subsection, substitute:

(7) The extension must not be for more than:

(a) unless paragraph (b) applies—12 months; or

(b) in the case of a Non-Judicial Deputy President appointed to act as the President as mentioned in paragraph (2A)(b)—3 weeks.

25 After paragraph 279(2)(a)

Insert:

(ab) other than in accordance with subsection (2A)—a function or power under section 200 (giving directions) or subsection 203(3) (restricting member's duties); or

26 Subsection 279(2) (table items 8 and 11)

Repeal the items.

27 After subsection 279(2)

Insert:

Functions and powers that may only be delegated to a Non-Judicial Deputy President

(2A) The President may, in writing, delegate the President's functions or powers under section 200 (giving directions) or subsection 203(3) (restricting member's duties) to a member who is a Non-Judicial Deputy President.

I also table the supplementary explanatory memorandum relating to the government amendments which I have moved to the Administrative Review Tribunal and Other Legislation Amendment Bill 2025.