Artboard 1Icons/Ionic/Social/social-pinterest

Queensland Government Bulletin

09 December 2019

#Government

Queensland Government Bulletin

In the media

IBAC's Operation Sandon public hearings will continue in 2020
IBAC's public hearings into allegations of serious corrupt conduct concerning the transparency and integrity of planning and property development decision making, including donations to candidates in local and state government elections, will continue in early 2020 (06 December 2019).  More... 

Free and equal: An Australian conversation on human rights inquiry
The Law Council has prepared a submission to the Australian Human Rights Commission’s (the AHRC’s) Free and equal: An Australian conversation on human rights inquiry. In addition to a human rights act, the submission sets out a number of mechanisms to promote and uphold human rights in Australia (05 December 2019).  More... 

LCA: Parliament should reject flawed family court merger Bill
Legislation merging the specialist Family Court into a single generalist court will not alleviate the fundamental problems plaguing the family law system, including the risk of victims of family violence falling through the cracks (05 December 2019).  More... 

Court reforms to deliver better outcomes for families
Fixing the broken structure of the family court system and helping families achieve faster and lower cost resolutions are the key aims of legislation to be introduced into Federal Parliament today (05 December 2019).  More... 

Overhaul of APS sees cuts to Govt Departments
In a major overhaul of the Australian Public Service, the prime minister has announced that federal government departments will be reduced from 18 to 14 and five secretaries sacked. From February 1 2020, four new departments will be created and Services Australia will become an executive agency (05 December 2019).  More... 

Downgrading of Australia’s open democracy status a stark reminder of the need to create an Australian Charter of Human Rights and Freedoms
Australia’s status as an open democracy has been downgraded in a blunt assessment by a global alliance of human rights organisations (05 December 2019).  More... 

Rugby Australia and Israel Folau settle legal dispute with mutual apologies
Rugby Australia apologises to Israel Folau as part of a confidential settlement reached over his sacking, avoiding a protracted court hearing after the former Wallaby sued for wrongful dismissal (04 December 2019).  More... 

Massive compensation case over faulty airbags suffers High Court setback
The financing company backing what is expected to be the largest class action in Australian history suffers a major blow, after the High Court ruled against a plan entitling it to 25 per cent of eventual payouts (04 December 2019).  More... 

New laws will keep terrorists behind bars longer
Terrorists and their supporters will find it significantly harder to get bail or parole under new laws passed by Federal Parliament (04 December 2019).  More... 

ACCC releases Customer loyalty schemes final report
The ACCC has released its final report on Customer loyalty schemes. It calls for legislative reforms to protect consumers, including in relation to data practices and privacy. (03 December 2019).  More... 

New taskforce to target foreign interference
A new multi-Agency taskforce is to be established to target foreign interference in Australian activities and interests (02 December 2019.  More... 

ALRC: Report launch – The future of law Reform
The Australian Law Reform Commission (ALRC) is releasing a report suggesting an ambitious agenda for law reform over the next five years (02 December 2019).  More...

New PS engagement tools put to work
The Department said the new APS Framework for Engagement and Participation would include guidance on engagement principles and standards for the APS and ways to open dialogue for “deliberative engagement” (02 December 2019).  More... 

New laws to help stamp out foreign bribery offences
The Morrison Government is strengthening Australia’s foreign bribery laws to help crackdown on corporations and employees that improperly influence foreign officials (28 November 2019).  More... 

Telstra given formal warning over excess usage notifications
The ACMA has issued Telstra with a formal warning for failing to send data usage email notifications to more than 150,000 mobile broadband customers, leading to people having to pay unexpected excess usage charges (27 November 2019).  More...

ACMA recommends immediate action to combat scams
The ACMA has today released its Combating Scams report which recommends new enforceable obligations on telcos and the immediate commencement of trials for a number of scam reduction initiatives (27 November 2019).  More... 

North Brisbane man fined $20,000 for eBay alcohol sales
Executive Director for the Office of Liquor and Gaming Regulation (OLGR) Mike Sarquis, said the outcome highlights that there is zero tolerance for the illegal sale or supply of alcohol. These laws are in place to ensure a fair approach to the sale and supply of liquor in Queensland and minimise the risk of alcohol-related harm (28 November 2019).  More... 

Landmark reforms seek justice for child sex abuse victims
Attorney-General and Minister for Justice said the reforms seek to implement key recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse. The Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill 2019, introduced in State Parliament, also criminalises the possession, supply and production of child abuse objects (27 November 2019).  More... 

QLS welcomes new law to stop insidious practice of claims farming
Queensland’s peak legal body has welcomed the passing of laws designed to stamp out the predatory practice of “claims farming’’ by unscrupulous operators trawling for personal injury claims. It is pleasing to see the Queensland Parliament taking action early to ensure our Queensland injury compensation schemes remain fair and affordable (26 November 2019).  More... 

School guide to target explicit image abuse
The eSafety Commissioner, in collaboration with the Australian Federal Police-led Australian Centre to Counter Child Exploitation (ACCCE) and the ThinkUKnow program, has developed a guide to help schools manage incidents involving explicit materials (25 November 2019).  More... 

In practice and courts

Federal Court of Australia—new Defamation Practice Note
The Federal Court of Australia has issued a new Defamation Practice Note (DEF-1), taking effect from 12 November 2019. More information is available  here. The Court welcomes views in respect of the Defamation Practice Note. Feedback should be provided by email addressed to Rupert Burns, the National Co-ordinating Registrar for the Defamation Sub area at practice.notes@fedcourt.gov.au. Feedback should include a short summary of the key issues to be brought to the Court’s attention and relevant contact details.

Current Consultations – 06 December 2019

Finance and Public Administration Legislation Committee
National Integrity (Parliamentary Standards) Bill 2019
Public Governance, Performance and Accountability Amendment (Tax Transparency in Procurement and Grants) Bill 2019
Australia’s declarations made under certain international laws

Legal and Constitutional Affairs Legislation Committee
Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Bill 2019 [Provisions]
Federal Circuit and Family Court of Australia Bill 2019 [Provisions] and Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2019 [Provisions]
Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019
Transport Security Amendment (Testing and Training) Bill 2019
Transport Security Amendment (Serious Crime) Bill 2019 [Provisions]

Community Affairs Legislation Committee
Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Bill 2019

ANAO Performance audit in-progress: Defence’s management of its public communications and media activities
Due to table: December 2019: The objective of this audit is to assess the effectiveness and appropriateness of the Department of Defence’s (Defence’s) management of its public communications and media activities. More... 

LSC: New Australian Legal Register will Safeguard Consumers
The Legal Services Council (LSC) announces the launch of a new Register that consumers can use to easily check the details of legal practitioners in NSW and Victoria. The Australian Legal Profession Register is now available via the Legal Services Council website. To search the Australian Legal Profession Register here (06 December 2019). 

LSC: Public Submissions invited: Review of MIS Consultation Paper UGR 91A-91D
The LSC is inviting submissions on the Draft Consultation Paper for the Review of Managed Investment Schemes Uniform General Rules 91A-91D. This information is now available here. Submissions are open until Friday 31 January 2020 (06 December 2019).

Queensland

QAO Reports

Report 8: 2019–20: Queensland state government entities: 2018–19 results of financial audits
Tabled date: 27 November 2019.  More... 

Department of Justice Consultations
Review of model defamation provisions
Consultation expiry: 24 January 2020 – feedback is required  as part of a national review on draft amendments to the Model Defamation Provisions. The accompanying background paper explains the policy rationale for the proposed amendments and confirms the position of the Council of Attorneys-General on each question raised in the discussion paper that was released in February 2019. Send all submissions to the NSW Department of Communities and Justice. More...

 Queensland Parliament: Current inquiries
Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019 and Inquiry into the feasibility of introducing expenditure caps for Queensland local government elections
Economics and Governance Committee Submissions close on 09 February 2020. Report due 07 February 2020

OIC QLD: operational provisions of the Human Rights Act 2019 (Qld) commence 1 January 2020
From that date, subject to some exceptions, it will be unlawful for a public entity to make a decision in a way not compatible with human rights, or to make a decision that fails to give proper consideration to relevant human rights. In anticipation of the final provisions of the HR Act commencing, the Office of the Information Commissioner has prepared two guidelines: Access and Amendment Applications and the Human Rights Act, and Privacy Principle Compliance and the Human Rights Act, to assist agency officers working. 

OIC QLD:  Privacy Authorities Australia working together and PAW2020
Following the PAA October meeting, Privacy Awareness Week (PAW) will be held across Australia between 4 to 10 May 2020. In Queensland, the theme for PAW2020 is Be smart about privacy (06 December 2019).  More... 

OIC QLD: Compliance audit report – Bundaberg Regional Council
On 27 November 2019, the Chair of the Legal Affairs and Community Safety parliamentary committee tabled our report of Bundaberg Regional Council’s compliance with the Right to Information Act 2009 (Qld) and the Information Privacy Act 2009 (Qld).  More... 

OIC QLD: Follow-up audit report – Townsville City Council
On 26 November 2019, the Chair of the Legal Affairs and Community Safety parliamentary committee tabled our report into Townsville City Council’s progress in implementing the 24 recommendations of our 2017-18 compliance audit. More... 

Queensland Sentencing Advisory Council : Queensland’s Specialist Courts on show in new video series
The Queensland Sentencing Advisory Council has released a new video series focused on informing Queenslanders about the specialist courts. The Queensland Sentencing Advisory Council will release a number of videos in the next six months in the Doing Justice Differently series.*It costs about $107,000 to accommodate a prisoner for a year (02 December 2019).  More... 

Practice Direction No. 8 of 2017 (amended) Magistrates Court of Queensland
Please find attached the following Practice Direction from the Magistrates Court of Queensland, amended 04 December 2019.  More... 

Practice Directions
Use of video-link or audio-link appearances
Children’s Court of Queensland, 1 of 2019 - QSC 02 December

Update on Claim Farming Legislative Reforms
On Tuesday 26 November 2019, the Motor Accident Insurance and Other Legislation Amendment Bill 2019 was passed by Queensland Parliament.  These reforms will introduce some new requirements for insurers, lawyers, medical practitioners and claimants. On the date of assent, claimants must comply with the new rules for lodging CTP insurance claims in Queensland including the use of new forms To learn more about what these changes may mean for you, please visit the Motor Accident Insurance Commission website.

Requests for comment: Queensland Law Reform Commission: Consent and mistake of fact review
Terms of Reference here. The Commission is to provide a report on the outcomes of the review to the Attorney-General and Minister for Justice by 17 April 2020. 

Cases

BMW Australia Ltd v Brewster; Westpac Banking Corporation v Lenthall [2019] HCA 45
Appeal allowed. Practice and procedure – Representative action – Orders – Where s 33ZF of Federal Court of Australia Act 1976 (Cth) and s 183 of Civil Procedure Act 2005 (NSW) provide that in representative proceeding court may make any order court thinks appropriate or necessary to ensure justice is done in proceeding – Where representative proceedings commenced in Federal Court of Australia and Supreme Court of New South Wales – Where proceedings funded by litigation funders – Where litigation funders entered into litigation funding agreements with small number of group members – Where representative parties in each proceeding applied for common fund order – Whether s 33ZF of Federal Court of Australia Act and s 183 of Civil Procedure Act empower Federal Court of Australia and Supreme Court of New South Wales to make common fund order.
Words and phrases – "access to justice", "appropriate or necessary to ensure that justice is done in the proceeding", "award of damages", "book building", "common fund", "common fund order", "distribution of moneys recovered", "equitable sharing of costs", "fair and reasonable to all group members", "free riding", "funding commission", "funding equalisation order", "interests of justice", "litigation funding", "representative proceeding", "risk", "unfunded group members".
Civil Procedure Act 2005 (NSW), Pt 10, ss 157, 162, 165, 166, 172, 173, 175, 177, 178, 179, 183, 184.
Federal Court of Australia Act 1976 (Cth), Pt IVA, ss 33C, 33J, 33M, 33N, 33U, 33V, 33X, 33Z, 33ZA, 33ZB, 33ZF, 33ZJ.; Judiciary Act 1903 (Cth), s 79.

Bosanac v Commissioner of Taxation [2019] HCA 41
Income tax (Cth) – Appeal against objection decision – Where Commissioner of Taxation ("Commissioner") issued amended assessments of taxable income following commencement of audit –
Administrative law – Judicial review – Jurisdictional error – Where primary judge determined appeal against Objection Decision under Pt IVC of Act – Where Full Court of Federal Court of Australia determined appeal against decision of primary judge – Where taxpayer sought writs of certiorari in respect of decisions of primary judge and Full Court – Whether primary judge and Full Court each misconstrued jurisdiction – Whether primary judge and Full Court committed jurisdictional error – Whether taxpayer's application for judicial review, after expiration of time in which to seek special leave to appeal, sufficient basis to dismiss application.
Words and phrases – "amended assessment", "disallowance of objection", "excessive assessment", "falsa demonstratio non nocet", "grounds of objection", "jurisdictional error", "misconceive jurisdiction", "non-jurisdictional error", "objection decision", "objection to assessment", "refusal of relief", "taxable income", "taxation decision", "taxation objection", "taxpayer's burden of proof", "wide survey and exact scrutiny".
Taxation Administration Act 1953 (Cth), Pt IVC.
Income Tax Assessment Act 1936 (Cth), ss 166, 167.

Kazakhstan Potash Corporation Limited and Australian Securities and Investments Commission (Freedom of information) [2019] AATA 5035
FREEDOM OF INFORMATION – whether document is conditionally exempt under s 47G(1)(a) of the Freedom of Information Act 1982 – whether disclosure would unreasonably affect lawful business, commercial or financial affairs – disclosure not unreasonable – public interest not considered – document not conditionally exempt –decision affirmed
Freedom of Information Act 1982 s 47G(1)(a); Corporations Act 2001 Part 6D

Baker and Australian Securities and Investments Commission (Freedom of information) [2019] AATA 4898
FREEDOM OF INFORMATION – request for access to documents – legal professional privilege – conditional exceptions claimed – public interest – decision affirmed. Freedom of Information Act 1982 (Cth)
The Respondent had received a number of complaints from investors in the scheme and commenced an investigation. 

Clark v Minister for the Environment (No 2) [2019] FCA 2028
ADMINISTRATIVE LAW – proceedings for judicial review of a refusal by the Minister for the Environment to make declarations under ss 10 and 12 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) in respect of an area and in respect of objects – whether, where the Court sets aside the decision of the Minister, the Court has power to issue an injunction to restrain a third party from taking any actions that would have the effect of causing injury to or desecration of the area or objects until the Minister makes a further decision according to law
ABORIGINAL HERITAGE – proceedings for judicial review of a refusal by the Minister for the Environment to make declarations under ss 10 and 12 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) in respect of an area and in respect of objects – whether, where the Court sets aside the decision of the Minister, the Court has power to issue an injunction to restrain a third party from taking any actions that would have the effect of causing injury to or desecration of the area or objects until the Minister makes a further decision according to law. Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16

Clark v Minister for the Environment [2019] FCA 2027
ABORIGINAL HERITAGE – application under Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) to Commonwealth Minister for declarations seeking the preservation or protection of a specified area from injury or desecration and for the preservation or protection of specified objects from injury or desecration – refusal of applications – application under Administrative Decisions (Judicial Review) Act 1977 (Cth) for judicial review of the Commonwealth Minister’s decision – whether error of law – whether no evidence or other material to justify the making of the decision – whether the making of the decision was an improper exercise of the power – whether decision Wednesbury unreasonable – whether failure to consult with the appropriate Minister of the State of Victoria – whether breach of the rules of natural justice
ADMINISTRATIVE LAW – aboriginal heritage – applications under Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Cth) to Commonwealth Minister for declarations seeking the preservation or protection of a specified area from injury or desecration and for the preservation or protection of specified objects from injury or desecration – refusal of applications – application under Administrative Decisions (Judicial Review) Act 1977 (Cth) for judicial review of the Commonwealth Minister’s decision – whether error of law – whether no evidence or other material to justify the making of the decision – whether the making of the decision was an improper exercise of the power – whether decision Wednesbury unreasonable – whether failure to consult with the appropriate Minister of the State of Victoria – whether breach of the rules of natural justice. The applicants’ application dated 17 June 2018 be referred to the respondent for further consideration according to law. Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5, Aboriginal Heritage Act 2006 (Vic)

Prodata Solutions Pty Ltd v South Australian Fire and Emergency Services Commission (No 2) [2019] FCA 2051
PRACTICE AND PROCEDURE – Rule 30.01 Federal Court Rules 2011 (Cth) – application for particular questions arising in proceeding to be heard separately – allegations of copyright infringement and breach of equitable obligation of confidence – possible application of s 183 of the Copyright Act 1968 (Cth) justifying separation of remedies under s 115 of the Copyright Act and at general law from other issues – undesirability of fragmenting proceedings to enable the Copyright Tribunal to determine the limits of its jurisdiction in respect of the same subject matter 

Bosanac v Commissioner of Taxation [2019] HCA 41
Income tax (Cth) – Appeal against objection decision – Where Commissioner of Taxation ("Commissioner") issued amended assessments of taxable income following commencement of audit – Where taxpayer objected to amended assessments – Where objection decision made in respect of taxpayer's objection ("Objection Decision") – Where further amended assessments made consequent upon Objection Decision – Where taxpayer appealed against Objection Decision under Pt IVC of Taxation Administration Act 1953 (Cth) ("Act") but not against further amended assessments – Where Commissioner conceded certain amounts incorrectly assessed as income ("Conceded Amounts") – Whether appeal under Pt IVC of Act was against Objection Decision or against further amendment assessments – Whether Commissioner's assessment excessive to extent of Conceded Amounts.
Administrative law – Judicial review – Jurisdictional error – Where primary judge determined appeal against Objection Decision under Pt IVC of Act – Where Full Court of Federal Court of Australia determined appeal against decision of primary judge – Where taxpayer sought writs of certiorari in respect of decisions of primary judge and Full Court – Whether primary judge and Full Court each misconstrued jurisdiction – Whether primary judge and Full Court committed jurisdictional error – Whether taxpayer's application for judicial review, after expiration of time in which to seek special leave to appeal, sufficient basis to dismiss application.
Words and phrases – "amended assessment", "disallowance of objection", "excessive assessment", "falsa demonstratio non nocet", "grounds of objection", "jurisdictional error", "misconceive jurisdiction", "non-jurisdictional error", "objection decision", "objection to assessment", "refusal of relief", "taxable income", "taxation decision", "taxation objection", "taxpayer's burden of proof", "wide survey and exact scrutiny".
Taxation Administration Act 1953 (Cth), Pt IVC.
Income Tax Assessment Act 1936 (Cth), ss 166, 167.

Davis v Ryan, State Coroner [2019] QCA 282
APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – TIME FOR APPEAL – EXTENSION OF TIME – WHEN GRANTED – where the application for leave to appeal was filed out of time – where the decision the subject of the application was forwarded to the applicant at the wrong email address – where the applicant acted promptly to file his application once he received the judgment – whether an extension of time should be granted for the application for leave to appeal
ADMINISTRATIVE LAW – JUDICIAL REVIEW – REVIEWABLE DECISIONS AND CONDUCT – DISCRETION NOT TO ENTERTAIN APPLICATION – GENERALLY – where the applicant applied to the District Court for an order to hold an inquest into the death of his late wife – where the District Court judge was not satisfied under s 30(8) of the Coroners Act 2003 that holding an inquest would be in the public interest, and dismissed the application – where the applicant sought leave to appeal from the District Court judge’s decision – whether leave is necessary in order to correct a substantial injustice – whether there is a reasonable argument that the District Court judge committed House v The King error in forming the discretionary judgment that he was not satisfied that holding an inquest was in the public interest – whether the District Court judge misconstrued the term “public interest” in s 30(8) – whether the District Court judge took into account irrelevant considerations by having regard to the State Coroner’s views as to the utility of an inquest and the availability of resources, and to opinion evidence from doctors – whether the District Court judge failed to have regard to a relevant consideration as to an alleged widespread dangerous prescribing practice or simply did not make the finding of fact the applicant sought
Civil Liability Act 2003 Qld s 21, s 22; Coroners Act 2003 Qld s 3, s 8, 11(2), s 27, s 28, s 30, s 46; District Court of Queensland Act 1967 Qld s 118(3) Davis v Ryan, State Coroner [2019] QCA 282

Flori v Winter & Ors [2019] QCA 281
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – PURPOSIVE APPROACH – PARTICULAR CASES – where the appellant commenced proceedings alleging reprisals regarding a letter he wrote to the Crime and Misconduct Commission, which he contended was a public interest disclosure under s 15 Whistleblowers Protection Act 1994 – where the question of whether the letter was capable of being a public interest disclosure was separately determined by reference to whether it disclosed “conduct” that was “official misconduct” under ss 14 and 15 Crime and Misconduct Act 2001 – where the appellant contends the primary judge erred by answering that question without regard to whether the appellant held, or could have held, an honest belief on reasonable grounds that he had information which tended to show official misconduct – whether the proper construction of s 15 Whistleblowers Protection Act required consideration of whether the appellant held, or could have held, an honest belief on reasonable grounds that he had information that tended to show official misconduct
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – SEPARATE DECISION OR QUESTION – APPEAL FROM DECISION OR DETERMINATION ON SEPARATE QUESTION – where the appellant commenced proceedings alleging reprisals regarding a letter he wrote to the Crime and Misconduct Commission, which he contended was a public interest disclosure under s 15 Whistleblowers Protection Act 1994 – where the parties consented to determination of a separate question as to whether the letter was capable of being a public interest disclosure by reference to whether it disclosed “conduct” which was “official misconduct” under ss 14 and 15 Crime and Misconduct Act 2001 – where the primary judge held the letter did not disclose “conduct” which was “official misconduct” under those provisions – where the appellant contends the question was inappropriate to answer because it did not account for his honest belief on reasonable grounds that he had information that tended to show official misconduct – whether the primary judge erred in failing to answer the question as “inappropriate to answer” – whether the primary judge erred in dismissing the proceeding on the basis the letter did not disclose “conduct” which was “official misconduct” under ss 14 and 15 Crime and Misconduct Act 2001
STATUTES – ACTS OF PARLIAMENT – INTERPRETATION – GENERAL APPROACHES TO INTERPRETATION – OTHER CASES – where the appellant commenced proceedings alleging reprisals regarding a letter he wrote to the Crime and Misconduct Commission, which he contended was a public interest disclosure under s 15 Whistleblowers Protection Act 1994 – where the parties consented to determination of a separate question as to whether the letter was capable of being a public interest disclosure by reference to whether it disclosed “conduct” which was “official misconduct” under ss 14 and 15 Crime and Misconduct Act 2001 – where the primary judge held the letter did not disclose “conduct” which was “official misconduct” under those provisions – where the appellant contends the primary judge erred in concluding the letter did not disclose “conduct” under s 14 Crime and Misconduct Act 2001 – whether the letter disclosed conduct that could constitute a breach of trust or misuse of material under s 14 Crime and Misconduct Act 2001
Acts Interpretation Act 1954 Qld s 14A, s 14B; Crime and Misconduct Act 2001 Qld s 14, s 15; Criminal Justice Act 1989 Qld s 2.23; Public
Interest Disclosure Act 2010 Qld s 74; Whistleblowers Protection Act 1994 Qld s 14, s 15
Flori v Winter & Ors [2019] QCA 281 (Appeal No 5689 of 2019) Fraser JA and Buss AJA and Henry J 3 December

Legislation

Commonwealth

Regulation

Remuneration Tribunal (Members of Parliament) Determination No. 2 2019
02/12/2019 - This instrument deals with the remuneration of members of Parliament, the rates of travel allowance payable to such members, and the allowances and expenses to be paid to former members.

Telecommunications (Interception and Access) Amendment (Form of Warrants No. 2) Regulations 2019
02/12/2019 - These regulations amend the Telecommunications (Interception and Access) Regulations 2017 to clarify the matters to which an eligible Judge or nominated Administrative Affairs Tribunal member must have regard under paragraphs 46(2)(fa) and (g) and paragraphs 46A(2)(fa) and (g) of the Telecommunications (Interception and Access) Act 1979 when deciding whether to issue a warrant.

Bills

Productivity Commission Amendment (Addressing Inequality) Bill 2017
Senate - 2nd reading debate 02/12/2019  - Amends the Productivity Commission Act 1998 to: expand the functions of the Productivity Commission to include the undertaking of research on inequality and its effects on the Australian economy and community; require the commission to have regard in the exercise of its functions to the need to mitigate the negative effects of inequality; and provide for reporting requirements.

Commonwealth Electoral Amendment (Lowering the Donation Disclosure Threshold) Bill 2019
HR 02/12/2019 - The Bill amends the Commonwealth Electoral Act 1918 (“the Act”) to lower the political donation disclosure threshold from $13,800 to $1,000, and to remove ongoing indexation of that disclosure threshold.

Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019
Senate - 2nd reading  02/12/2019 - Amends: the Criminal Code Act 1995 to: amend the offence of bribery of a foreign public official to extend the definition of foreign public official to include a candidate for office, remove the requirement that the foreign official must be influenced in the exercise of the official's duties, replace the requirement that a benefit and business advantage must be 'not legitimately due' with the concept of 'improperly influencing' a foreign public official, and extend the offence to cover bribery to obtain a personal advantage; and create a new offence of failure of a body corporate to prevent foreign bribery by an associate; the Director of Public Prosecutions Act 1983 to implement a Commonwealth Deferred Prosecution Agreement scheme which will enable the Commonwealth Director of Public Prosecutions to invite a person that has engaged in serious corporate crime to negotiate an agreement to comply with a range of specified conditions; and five Acts to make consequential amendments.

Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019
HR 02/12/2019 - The Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019 is being introduced to increase transparency in government operations.

Australian Crime Commission Amendment (Special Operations and Special Investigations) Bill 2019
Finally passed both Houses 05/12/2019 - The Australian Crime Commission Amendment (Special Operations and Special Investigations) Bill 2019 (the Bill) amends the Australian Crime Commission Act 2002(the ACC Act) to confirm the validity of current and former special ACC operations and special ACC investigations determinations.

Commonwealth Electoral Amendment (Transparency Measures—Lowering the Disclosure Threshold) Bill 2019
HR 28/11/2019 -  This Bill seeks to amend the Commonwealth Electoral Act 1918 by lowering the disclosure threshold for political donations from $13,800 (subject to indexation) to a fixed $1,000.

Commonwealth Electoral Amendment (Transparency Measures—Real Time Disclosure) Bill 2019
HR 28/11/2019 - This Bill will require political parties and their associated entities, candidates, and senate groups to disclose donations or gifts received valued at or above the disclosure threshold within seven days of receipt, using a real time disclosure regime for political donations and gifts.

Interactive Gambling Amendment (National Self-exclusion Register) Bill 2019
27/11/2019 - The Register will allow individuals to exclude themselves from being provided interactive wagering services by all licensed interactive wagering service providers in Australia, and limit the amount of direct marketing to the individual.

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.

Share this