Bills before Federal Parliament at the end of the year

Peter Clarke — Sun, 28 Nov 2010 02:38:36 +0000

There are 12 bills before the Parliament or awaiting Royal Assent at the end of the 2010 parliamentary year. They are:

Civil Dispute Resolution Bill 2010

This Bill has passed the House of Representatives and, on 25 October, passed the second reading phase. The bill was referred to the Senate Legal and Constitutional Affairs Legislation Committee. It’s report is due 2 December 2010. The text of the bill and the explanatory memorandum are both on line.

Criminal Code Amendment (Cluster Munitions Prohibition) Bill 2010

This bill amends the Criminal Code Act 1995 to enable Australia to ratify the Convention on Cluster Munitions by creating offences and penalties in relation to cluster munitions and explosive bomblets with some defences for certain circumstances and provides for certain authorisations to be made.

It is currently before the Senate. The text of the bill and the explanatory memorandum are on line.

Family Law Amendment (Validation of Certain Parenting Orders and Other Measures) Bill 2010

The bill validates certain parenting orders affected by the High Court decision in MRR v GR [2010] HCA 4 and amends the Family Law Act 1975 to allow a family court to consider certain statutory criteria when considering a parenting order application.

It has passed both Houses of Parliament with it passing the third reading in the Senate on 26 November 2010.

Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Bill 2010

This bill amends the: Administrative Appeals Tribunal Act 1975 to include the President of the Australian Human Rights Commission as an ex officio member of the Administrative Review Council (ARC); and increase the quorum of the ARC.

Human Rights (Parliamentary Scrutiny) Bill 2010

The bill establishes the Parliamentary Joint Committee on Human Rights together with its powers, proceedings and functions of the committee and introduces a requirement for statements of compatibility to be prepared for all bills and disallowable legislative instruments

National Security Legislation Amendment Bill 2010

The bill amends:

the Crimes Act 1914 and Criminal Code Act 1995 in relation to treason and sedition (urging violence) offences;
the Classification (Publications, Films and Computer Games) Act 1995;
Criminal Code Act 1995 to clarify when clarify when an organisation advocates the doing of a terrorist act, extend to three years the period of a regulation that lists a terrorist organisation; and update the terrorist organisation listing;
the Criminal Code Act 1995 to update definitions;
the Crimes Act 1914 in relation to investigation of Commonwealth offences, powers to search premises in relation to terrorism offences, re-entry of premises in emergency situations provisions of bail for terrorism and national security offences;
the Charter of the United Nations Act 1945 in relation to: the standard for listing a person, entity, assets or class of assets; and listing reviews;
the National Security Information (Criminal and Civil Proceedings) Act 2004 in relation to the protection and disclosure of national security information in criminal and civil proceedings;
the Inspector-General of Intelligence and Security Act 1986 to enable the Prime Minister to request the Inspector-General to inquire into an intelligence or security matter relating to any Commonwealth department or agency.

The bill received assent on 24 November 2010.

Native Title Amendment Bill (No.1) 2010

The bill amends the Native Title Act 1993 to provide that representative Aboriginal or Torres Strait Islander bodies and certain native title claimants may comment or request to be consulted about proposed housing and other services for indigenous communities which may affect native title

Service and Execution of Process Amendment (Interstate Fine Enforcement) Bill 2010

This bill amends the:

Service and Execution of Process Act 1992 to enable states and territories to enforce interstate fines according to the laws of their own jurisdiction;
Service and Execution of Process Act 1992

Sex and Age Discrimination Legislation Amendment Bill 2010.

This bill amends the Sex Discrimination Act 1984 in response to recommendations of the Senate Standing Committee on Legal and Constitutional Affairs 2008 to extend protections from discrimination on the grounds of family responsibilities to both

Statute Law Revision Bill (No.2) 2010

This is a portmanteau bill which amends a large number of Acts so as to remove redundancies, amend errors in drafting and addresses the myriad of drafting issues that arise upon enactment. It is a machinery bill.

Telecommunications Interception and Intelligence Services Legislation Amendment Bill 2010

This bill amends the Telecommunications (Interception and Access) Act 1979 to enable the Australian Security Intelligence Organisation (ASIO) to provide technical assistance to law enforcement agencies in relation to telecommunications interception warrants and requires carriers and certain carriage service providers to inform the Communications Access Co-ordinator of proposed changes to telecommunications services.

Statutory demands, section 459(s) Corporations Act & interesting twists and turns:Grant Thornton Services (NSW) Pty Limited v St. George Wholesale Distributors Pty Ltd (No 2) [2009] FCA 557 (27 May 2009)

Peter Clarke — Thu, 28 May 2009 20:46:42 +0000

Yesterday’s Federal Court decision in Grant Thornton Services (NSW) Pty Limited v St. George Wholesale Distributors Pty Ltd (No 2) throws up both a curious factual situation but the relatively little considered section 459(S) of the Corporations Act 2001. It is also a salient and sombre lesson in how to run an application.

Facts

Grant Thornton Services (NSW) Pty Ltd (“Grant Thornton”) provides accounting services. It provided those services to the “Paul’s Warehouse” group of companies. St George Wholesale Distributors Pty Ltd (St George) is part of that group but unlike other companies in that group it had net asssets. Grant Thornton issued invoices on St George totalling $91,305.50. When the invoices were not paid Grant Thornton issued a statutory demand. St George neither paid the sum nor applied to set aside the demand. When St George found itself the subject of winding up application it roused itself to apply for leave to oppose the application on the basis that there was a genuine dispute. Leave is required because, per section 459 (S), St George could have earlier applied to set aside the statutory demand because there was a genuine dispute.

The issues

Section 459(s) (pars [7] – [10])

To get leave section 459(s) requires that a court is satisfied that the ground is material to proving that a company is solvent.

Peter A Clarke » Commonwealth Legislation