Hon Judith Collins, in Committee, to move the following amendments:
Clause 7: new section 10(2)
In clause 7, new section 10(2), replace
“thresholds” (line 28 on page 10) with
New clauses 8 and 9
After clause 7 (after line 13 on page 11), insert:
8 Decision on application for legal aid
Section 16 is amended by adding the following subsection:
9 New section 16A inserted
The following section is inserted after section 16:
“16A Use of automated electronic systems for certain grants of legal aid
“(1) The Commissioner may use an automated electronic system to grant legal aid to a natural person if—
“(2) A grant made in the manner authorised by subsection (1) is, for the purposes of this Act, taken to have been made by the Commissioner.
“(3) Where an error is made in a grant of legal aid made in the manner authorised by subsection (1), the Commissioner may cancel or correct the grant.
“(4) Subsection (2) is subject to subsection (3).
“(5) A grant made in the manner authorised by subsection (1) is not subject to any of the conditions referred to in section 18.
“(6) Every grant made in the manner authorised by subsection (1) must state a maximum grant, which must be the amount prescribed under subsection (7).
“(7) The Commissioner may from time to time, by notice in the Gazette, specify the amount of the maximum grant for any grant made in the manner authorised by subsection (1).
“(8) A notice under subsection (7) is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.”
Clause 9A: new section 18(7)
In clause 9A, after new section 18(7)(c) (after line 26 on page 11), insert:
In clause 13B, after the heading (after line 18 on page 21), insert, as subclause (1):
Clause 17: new section 99(4)
In clause 17, after new section 99(4)(a) (after line 27 on page 23), insert:
“(ab) where a claim or part of a claim is for, or is determined by the Commissioner to be for, work of a kind for which a fee is prescribed by regulations pursuant to section 114(1)(ca) or authorised pursuant to section 114(1)(cc), so much of that claim as exceeds the fee so prescribed or authorised; and
Before clause 19(1) (before line 26 on page 24), insert:
After clause 23(3A) (after line 20 on page 26), insert:
(3B) Until the commencement of section 41 of the Legislation Act 2012, section 16A(8) of the principal Act, as inserted by section 9 of this Act, must be read as if it declared that a notice under section 16A(7) of the principal Act is subject to the Regulations (Disallowance) Act 1989, but not to the Acts and Regulations Publication Act 1989.