Attorney-General’s Portfolio Miscellaneous Measures Bill 2023
15 February 2024
On 1 February 2024, the Senate Legal and Constitutional Affairs Legislation Committee tabled its Report on the Attorney-General’s Portfolio Miscellaneous Measures Bill 2023. The Law Council provided a submission to this Inquiry on 8 January 2024, which was informed by contributions from several of its Constituent Bodies and Advisory Committees. The Committee did not hold public hearings.
The Law Council was one of eight submitters and it is cited on approximately 30 occasions throughout the Majority Report (a coalition of Committee members from the Government and the Greens). The Majority Report concludes that, while the Explanatory Memorandum could benefit from greater detail, “as a whole the Bill represents sensible and necessary amendments”.
In addition to recommending that the omnibus Bill be passed, the Majority Report makes the following recommendations, which are broadly aligned with recommendations made in the Law Council’s submission:
- The Attorney-General’s Department update the Explanatory Memorandum to the Bill to include further guidance and information to clarify how the proposed reforms to the Federal Court of Australia in Schedule 1 and 2 of the Bill will result in more efficient prosecution of corporate crimes and increased procedural fairness.
- Subject to the passage of the Bill, the Attorney-General’s Department amend the Guidelines on the Marriage Act 1961 for authorised celebrants to reflect the requirements for a celebrant to hold a separate meeting with each party to the marriage before it is solemnised. The amendments should provide information as to how the meetings might operate in practice and how consent can be determined.
In his Dissenting Report, Liberal Senator Paul Scarr makes 11 recommendations, several of which are consistent with specific recommendations made by the Law Council in its submission, including:
- The Government consider providing additional commentary in the Explanatory Memorandum regarding the offence categories included in proposed subsection 67G(4) of the Judiciary Act 1903.
- The Government consider amending the Bill and/or its explanatory materials to include further matters that could guide the court’s considerations about whether a transfer of proceedings would be in the interest of justice.
- The accused be provided the right to make an application to transfer proceedings.
- The Government consider including an enhanced explanation of jury preparation and jury selection processes in the Explanatory Memorandum to the Bill.
It was pleasing to note that the majority of the Law Council’s recommendations were engaged with by Committee members in the Majority and Dissenting Reports. However, the Law Council’s recommendation that there be a sustained increase in resourcing for the Federal Circuit and Family Court of Australia to assist in meeting its substantial ongoing demands was not endorsed by either report.
In addition, while the Majority Report briefly noted the Law Council’s concerns regarding the impact of the abolition of the Native Title Respondents Scheme on Aboriginal Land Councils, particularly in New South Wales, the Committee did not make a corresponding recommendation, consistent with the Law Council, that the Government take proactive steps, in consultation with relevant stakeholders, to reduce any such impact. The Law Council will monitor the progress of the Bill, including any amendments proposed, as it is considered by the Parliament in the coming weeks.
Last Updated on 20/06/2024