South Australia Statutes Amendment (Administrative Review Tribunal) Bill 2024 A Bill For An Act to make amendments to various Acts consequential on the enactment of the Administrative Review Tribunal Act 2024 of the Commonwealth. Contents Part 1—Preliminary 1 Short title 2 Commencement Part 2—Amendment of Agricultural and Veterinary Chemicals (South Australia) Act 1994 3 Amendment of section 3—Definitions 4 Amendment of section 16—Application of Commonwealth administrative laws in relation to applicable provisions 5 Substitution of section 18A 18A Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth) Part 3—Amendment of Biological Control Act 1986 6 Amendment of section 54—Appeals to Supreme Court Part 4—Amendment of Competition Policy Reform (South Australia) Act 1996 7 Amendment of section 29—Definition 8 Substitution of section 33A 33A Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth) Part 5—Amendment of Controlled Substances Act 1984 9 Amendment of section 11A—Application of Commonwealth therapeutic goods laws Part 6—Amendment of Corporations (South Australia) Act 1990 10 Amendment of section 3—Definitions 11 Substitution of section 36A 36A Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth) Part 7—Amendment of Federal Courts (State Jurisdiction) Act 1999 12 Amendment of section 3—Interpretation Part 8—Amendment of Gene Technology Act 2001 13 Amendment of section 19—Review of certain decisions Part 9—Amendment of Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013 14 Amendment of section 4—Interpretation 15 Amendment of section 13—Application of Commonwealth administrative laws to applied provisions Part 10—Amendment of New Tax System Price Exploitation Code (South Australia) Act 1999 16 Amendment of section 28—Definition 17 Substitution of section 32A 32A Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth) Part 11—Amendment of Research Involving Human Embryos Act 2003 18 Amendment of section 21—Interpretation 19 Amendment of section 22—Review of decisions Part 12—Amendment of Sports Drug Testing Act 2000 20 Amendment of section 3—Interpretation 21 Amendment of section 10—Review by the Administrative Appeals Tribunal of Agency's decisions 22 Amendment of section 11—Removal of entries from Register Part 13—Amendment of Water Efficiency Labelling and Standards (South Australia) Act 2013 23 Amendment of section 3—Interpretation 24 Amendment of section 14—Application of Commonwealth administrative laws to applied provisions The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Statutes Amendment (Administrative Review Tribunal) Act 2024. 2—Commencement This Act comes into operation on the day on which it is assented to by, or on behalf of, the Crown. Part 2—Amendment of Agricultural and Veterinary Chemicals (South Australia) Act 1994 3—Amendment of section 3—Definitions Section 3(1), definition of Commonwealth administrative laws, (a)(i)—delete subparagraph (i) and substitute: (i) the Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7); 4—Amendment of section 16—Application of Commonwealth administrative laws in relation to applicable provisions Section 16(2)—delete "under section 28 of the Administrative Appeals Tribunal Act 1975" and substitute: under section 268 of the Administrative Review Tribunal Act 2024 5—Substitution of section 18A Section 18A—delete the section and substitute: 18A—Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth) For the purposes of section 16, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth. Part 3—Amendment of Biological Control Act 1986 6—Amendment of section 54—Appeals to Supreme Court Section 54(2), definition of decision—delete "Administrative Appeals Tribunal Act 1975" and substitute: Administrative Review Tribunal Act 2024 Part 4—Amendment of Competition Policy Reform (South Australia) Act 1996 7—Amendment of section 29—Definition Section 29, definition of Commonwealth administrative laws, (a)(i)—delete subparagraph (i) and substitute: (i) the Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7); 8—Substitution of section 33A Section 33A—delete the section and substitute: 33A—Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth) For the purposes of sections 30 and 31, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth. Part 5—Amendment of Controlled Substances Act 1984 9—Amendment of section 11A—Application of Commonwealth therapeutic goods laws Section 11A(3)(b)—after "Administrative Appeals Tribunal" insert: or the Administrative Review Tribunal Part 6—Amendment of Corporations (South Australia) Act 1990 10—Amendment of section 3—Definitions Section 3(1), definition of Commonwealth administrative laws, (a)—delete paragraph (a) and substitute: (a) the Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7); 11—Substitution of section 36A Section 36A—delete the section and substitute: 36A—Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth) For the purposes of sections 35 and 36, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth. Part 7—Amendment of Federal Courts (State Jurisdiction) Act 1999 12—Amendment of section 3—Interpretation Section 3, definition of Commonwealth administrative laws, (a)(i)—delete subparagraph (i) and substitute: (i) Administrative Review Tribunal Act 2024; Part 8—Amendment of Gene Technology Act 2001 13—Amendment of section 19—Review of certain decisions Section 19, note—delete "Administrative Appeals Tribunal" and substitute: Administrative Review Tribunal Part 9—Amendment of Marine Safety (Domestic Commercial Vessel) National Law (Application) Act 2013 14—Amendment of section 4—Interpretation Section 4(1), definition of Commonwealth administrative laws, (a)—delete paragraph (a) and substitute: (a) the Administrative Review Tribunal Act 2024 (excluding Part 7) 15—Amendment of section 13—Application of Commonwealth administrative laws to applied provisions (1) Section 13(5)—delete "Administrative Appeals Tribunal Act 1975" and substitute: Administrative Review Tribunal Act 2024 (2) Section 13(5)—delete "Part IVA" and substitute: Part 7 Part 10—Amendment of New Tax System Price Exploitation Code (South Australia) Act 1999 16—Amendment of section 28—Definition Section 28, definition of Commonwealth administrative laws, (a)(i)—delete subparagraph (i) and substitute: (i) the Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7); 17—Substitution of section 32A Section 32A—delete the section and substitute: 32A—Construction of references to Part 7 of Administrative Review Tribunal Act (Cwth) For the purposes of sections 29 and 30, a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of this jurisdiction) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth. Part 11—Amendment of Research Involving Human Embryos Act 2003 18—Amendment of section 21—Interpretation Section 21, definition of Administrative Appeals Tribunal—delete the definition and substitute: Administrative Review Tribunal means the Administrative Review Tribunal established by the Administrative Review Tribunal Act 2024 of the Commonwealth; 19—Amendment of section 22—Review of decisions (1) Section 22(1)(a)—delete "Administrative Appeals Tribunal" and substitute: Administrative Review Tribunal (2) Section 22(3)—delete subsection (3) and substitute: (3) For the purposes of subsection (1)(a)— (a) the Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7) and the regulations in force for the time being under that Act apply as laws of South Australia in relation to relevant reviewable decisions (and Part 7 of that Act will continue to have effect as a law of the Commonwealth); and (b) a reference in a provision of the Administrative Review Tribunal Act 2024 of the Commonwealth (as that provision applies as a law of South Australia) to the whole or any part of Part 7 of that Act is taken to be a reference to the whole or any part of that Part as it has effect as a law of the Commonwealth. (3) Section 22(7)—delete "Administrative Appeals Tribunal Act 1975" and substitute: Administrative Review Tribunal Act 2024 Part 12—Amendment of Sports Drug Testing Act 2000 20—Amendment of section 3—Interpretation Section 3(1), definition of Administrative Appeals Tribunal—delete the definition and substitute: Administrative Review Tribunal means the Tribunal of that name established under the Administrative Review Tribunal Act 2024 of the Commonwealth; 21—Amendment of section 10—Review by the Administrative Appeals Tribunal of Agency's decisions (1) Section 10, heading—delete "Administrative Appeals Tribunal" and substitute: Administrative Review Tribunal (2) Section 10—delete "Administrative Appeals Tribunal" wherever occurring and substitute: Administrative Review Tribunal 22—Amendment of section 11—Removal of entries from Register (1) Section 11(1)—delete "Administrative Appeals Tribunal" and substitute: Administrative Review Tribunal (2) Section 11(2)(b)—delete "section 41 of the Administrative Appeals Tribunal Act 1975" and substitute: section 32 of the Administrative Review Tribunal Act 2024 Part 13—Amendment of Water Efficiency Labelling and Standards (South Australia) Act 2013 23—Amendment of section 3—Interpretation Section 3(1), definition of Commonwealth administrative laws, (a)—delete paragraph (a) and substitute: (a) the Administrative Review Tribunal Act 2024 of the Commonwealth (excluding Part 7); 24—Amendment of section 14—Application of Commonwealth administrative laws to applied provisions (1) Section 14(5)—delete "Administrative Appeals Tribunal Act 1975" and substitute: Administrative Review Tribunal Act 2024 (2) Section 14(5)—delete "Part IVA" and substitute: Part 7