Tribunals Powers and Procedures Legislation Bill

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Tribunals Powers and Procedures Legislation Bill

Government Bill

286—1

Explanatory note

General policy statement

The Tribunals Powers and Procedures Legislation Bill (the Tribunals Bill) and the Courts Matters Bill together form an integrated package of amendments that will contribute to the goal of a modern, efficient, and effective courts and tribunals system.

The Business Committee has agreed to the introduction of these 2 Bills as cognate Bills under Standing Order 269.

The Tribunals Bill is an omnibus Bill introduced under Standing Order 263(a). That Standing Order provides that an omnibus Bill to amend more than 1 Act may be introduced if the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy.

The Tribunals Bill and the Courts Matters Bill amend tribunals and courts legislation respectively to—

  • reduce the time it takes to hear and resolve matters and improve users’ experience of the courts and tribunals system:

  • enable greater use of modern technology to further improve efficiency, effectiveness, and timeliness:

  • simplify and standardise statutory powers and procedures to improve productivity and efficiency:

  • provide better consumer protection and redress, and greater access to justice.

The major initiatives in the Tribunals Bill are described below.

Tribunals’ powers and procedures will be simpler and standardised

The Tribunals Bill will provide similar tribunals administered by the Ministry of Justice with a standard set of powers and procedures to improve productivity and administrative efficiency. For example, the Legal Complaints Review Officer will be able to reduce the significant backlog of cases with the new powers to hear appropriate matters on the papers and to strike out meritless complaints. This will enable the parties to put the matter behind them and to move on with their lives sooner. These amendments will also make tribunal processes easier for the public to understand.

The standardisation of powers and procedures will also reduce the time it takes to hear and resolve matters, and will improve users’ experience of tribunals. For example, members will be able to complete any part-heard cases after their successors have been appointed. This will ensure proceedings are not unnecessarily prolonged or delayed by appointment rounds, and members will have less uncertainty when appointments are under consideration.

In addition, users will benefit from new standard provisions governing—

  • the striking out of meritless applications:

  • the summoning of witnesses, including the creation of a new offence of failing to appear or co-operate at a hearing:

  • the awarding of costs when a person has obstructed or unreasonably delayed proceedings:

  • contempt, so that tribunals can maintain order and conduct proceedings efficiently:

  • the use of audiovisual facilities in appropriate cases.

Tribunals will provide better consumer protection and redress

The Tribunals Bill will also enable some tribunals to provide better consumer protection and redress, and greater access to justice by providing a simpler, quicker, and cheaper alternative to a court case. For example,—

  • the Disputes Tribunal monetary threshold will be increased from $15,000 (or $20,000, if all parties agree) to $30,000:

  • the Real Estate Agents Disciplinary Tribunal will be able to award monetary compensation of up to $100,000 for financial losses arising from a real estate agent’s unsatisfactory conduct:

  • the Private Security Personnel and Private Investigators Licensing Authority will be able to discipline licensees and certificate holders for unsatisfactory conduct as well as for misconduct. Currently, the authority cannot sanction unsatisfactory conduct such as bullying.

One defunct and 2 rarely used tribunals will be disestablished

The Tribunals Bill will repeal the Birdlings Flat Land Titles Act 1993. The Commissioner completed the task of making orders relating to the division of land into separate titles at Birdlings Flat on Banks Peninsula in 2000.

The Tribunals Bill will also disestablish the Boards of Appeal established under the Health Act 1956 and the Maritime Appeal Authority established under the Maritime Transport Act 1994. These tribunals have not received any new cases for several years. Any future cases will be heard in the District Court instead.

Departmental disclosure statement

The Ministry of Justice is required to prepare a disclosure statement to assist with the scrutiny of this Bill. It provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.

Regulatory impact statement

The Ministry of Justice produced 2 regulatory impact statements in November 2013 and March 2014 to help inform the main policy decisions taken by the Government relating to the contents of this Bill.

Clause by clause analysis

Clause 1 sets out the Title of the Act.

Clause 2 is the commencement clause and states that—

  • sections 6, 7, 11, 20, 35, 38, 43, 44, 46 to 53, 55 to 58, 63 to 65, 67, 68, 70, 80, 87, 90, 98, 103(2) and (6), 106, 111(5) and (11), 116, 122, 126, 130(3), 135, 143, 163(3), (8), and (10), 170, 173(1), 174(1), 175, 179(2), 180, 182(1), 185(2), 187 to 189, 194(2), 196, 197(2), 198, 199(2), 208, 211, 214, 219(2), 227, 228, 232 to 234, 238(6), 242, 248, 254, 255, 258(1) and (4), 259, 261 to 265, 268, 269, 278, 290, 295, 307, 309, 310, 313, 316, 321(4), and 324 will come into force on a date appointed by the Governor-General by Order in Council, and 1 or more orders may be made bringing different provisions into force on different dates:

  • any provision that has not earlier been brought into force comes into force on 1 July 2020:

  • the rest of the Act comes into force on the day after the date the Act receives the Royal assent.

Delayed commencement is required to give time for developing technology systems and business processes to implement some of the provisions in the Bill.

Part 1Amendments to Acts

Part 1 contains amendments to Acts that establish and govern the operations of 21 tribunals. Most of the provisions make changes to procedures using standardised wording in standard provisions to provide for consistency (with some exceptions) in the operation of tribunals. Those procedures include—

  • approval of forms by a chief executive rather than being prescribed by regulations:

  • allowing members whose term has expired to continue in office for the purpose of completing proceedings:

  • appointment of temporary acting chairpersons, acting deputy chairpersons, or acting members:

  • delegation of functions by a chairperson:

  • requiring orderly and efficient operation of tribunals:

  • allowing a tribunal to regulate its procedure as the tribunal thinks fit subject to the relevant Act, any regulations, and (where relevant) practice notes issued by the tribunal:

  • providing rules for striking out, determining, and adjourning proceedings:

  • service of notices and documents:

  • creating an offence of contempt of a tribunal and providing a penalty of a fine not exceeding $1,000:

  • creating an offence of failing to comply with a summons and providing a penalty of a fine not exceeding $1,000:

  • issuing practice notes, online publication of information about procedures, time frames, and progress of decisions and online publication of final written decisions:

  • making suppression orders and providing a penalty for breach of a suppression order of a fine not exceeding $3,000:

  • making requirements to publish decisions subject to suppression orders:

  • standardising various terms of appointment with a term of up to 5 years:

  • allowing tribunals to have electronic hearings, for example, by telephone.

Examples of exceptions to the use of a standard provision include where an Act already contains a similar provision or the standard provision is not appropriate for a particular jurisdiction. An example of the former is the omission of the standard suppression provision from the Immigration Act 2008 because that Act already contains an appropriate suppression provision. An example of the latter is the omission of the standard publication of decisions provision from the Prisoners’ and Victims’ Claims Act 2005 because it is considered to be inappropriate to publish decisions made by a Victims’ Special Claims Tribunal on claims made by victims against compensation awarded to prisoners.

Some of the amendments made by this Part are not for the purpose of standardising procedures but make other procedural changes to particular jurisdictions, for example, the amendments to the Disputes Tribunal Act 1988.

Part 1 also disestablishes boards of appeal under the Health Act 1956 and the Maritime Appeal Authority under Maritime Transport Act 1994 because these are no longer in operation. Amendments are made to those Acts so that appeals previously dealt with by these tribunals can be made to the District Court. A third defunct tribunal is disestablished in Part 2.

The legal effect of the amendments in Part 1 are now explained in turn below.

Subpart 1—Amendment to Accident Compensation Act 2001

Clause 3 states that subpart 1 amends the Accident Compensation Act 2001.

Clause 4 amends the regulation-making power in section 328 to allow a fee for filing a notice of appeal to be set by regulations.

Subpart 2—Amendments to Copyright Act 1994

Clause 5 states that subpart 2 amends the Copyright Act 1994.

Clause 6 amends section 122J to replace the requirement for a form for an application to be prescribed with allowing a form to be approved by the chief executive after consultation with the chairperson of the Copyright Tribunal (the Tribunal).

Clause 7 amends section 122K to replace the requirement for a form for a notice of proceedings to be prescribed with allowing a form to be approved by the chief executive after consultation with the chairperson of the Tribunal.

Clause 8 amends section 206 to remove the limit of up to 5 members for the Tribunal and to clarify that the chairperson is a member for the purposes of other provisions in the Part.

Clause 9 amends section 207 by inserting the standard provision allowing a member whose term has expired to continue in office for some purposes, including to complete proceedings.

Clause 10 replaces section 209 to insert the standard provision for the appointment of a temporary acting chairperson or member.

Clause 11 inserts new section 209A, which contains the standard provision for delegation by the chairperson.

Clause 12 inserts new section 211A, which contains the standard provision for orderly and efficient operation.

Clause 13 amends section 213 by inserting the standard provision allowing the Tribunal to decide whether to deal with a proceeding on the papers.

Clause 14 amends section 214 to provide that the chairperson has the casting vote and to insert the standard provision allowing the Tribunal to regulate its procedure as it thinks fit, subject to the Act and any regulations.

Clause 15 inserts new section 214A, which contains the standard provision for striking out, determining, or adjourning proceedings.

Clause 16 amends section 217 by inserting the standard service provision allowing for service of a witness summons by either personal service or service by way of any form of prepaid delivery service that requires acknowledgement of receipt of delivery.

Clause 17 amends section 219 to limit personal liability for the chairperson and members.

Clause 18 amends section 221, which relates to contempt of the Tribunal. A witness is included in the list of people whom it is an offence to assault, threaten, intimidate, or intentionally insult, and any officer of the Tribunal (along with a constable) can remove a person who is excluded from the Tribunal.

Clause 19 inserts a new cross-heading and new section 224A, which contains the standard provision for issuing practice notes.

Clause 20 inserts new sections 224B and 224C, which contain the standard provisions for online publication of information about procedures, time frames, and progress of decisions and online publication of final written decisions.

Clause 21 amends the regulation-making power in section 234 to allow fees for licensing scheme disputes to be set by regulations.

Subpart 3—Amendments to Customs and Excise Act 1996

Clause 22 states that subpart 3 amends the Customs and Excise Act 1996.

Clause 23 amends section 216 to provide a penalty of a fine not exceeding $3,000 for a breach of an order under section 257(7).

Clause 24 amends section 245 to change the limit of up to 7 years for appointments of a Customs Appeal Authority (an Authority) to up to 5 years, and inserts the standard provision allowing an Authority whose term has expired to continue in office for some purposes, including to complete proceedings.

Clause 25 replaces section 248 to insert the standard provision for the appointment of a temporary acting Authority.

Clause 26 repeals section 249.

Clause 27 inserts new section 253A, which contains the standard provision for orderly and efficient operation and requires the Ministry of Justice to provide the necessary resources to the Authorities.

Clause 28 amends section 254 by inserting the standard provision allowing an Authority to regulate its procedure as it thinks fit subject to the Act, any regulations, and any practice notes issued under new section 274AA. Section 254 is also amended to replace the requirement for a form for lodging an application to be prescribed with allowing a form to be approved by the chief executive after consultation with the Authorities.

Clause 29 amends section 257. Subsection (4), relating to continuing a hearing in the absence of parties, is repealed as this is replaced by the standard provision contained in new section 269. New subsection (6A) is inserted to include the standard provision for electronic hearings, for example, by telephone. New subsection (8) is inserted, which states that the penalty for a breach of a suppression order under subsection (7) is in section 216.

Clause 30 amends section 262 to allow an officer of an Authority (as well as an Authority itself) to issue a witness summons if authorised to do so.

Clause 31 amends section 263 by inserting the standard service provision allowing for service of a witness summons by either personal service or service by way of any form of prepaid delivery service that requires acknowledgement of receipt of delivery.

Clause 32 replaces section 269 to insert the standard provision for striking out, determining, or adjourning proceedings.

Clause 33 amends section 271 to allow for enforcement of a costs order in the District Court.

Clause 34 inserts a new cross-heading and new section 274AA, which contains the standard provision for issuing practice notes.

Clause 35 inserts new section 274AB, which contains the standard provision for online publication of information about procedures, time frames, and progress of decisions.

Subpart 4—Amendments to Disputes Tribunal Act 1988

Clause 36 states that subpart 4 amends the Disputes Tribunal Act 1988.

Clause 37 amends the interpretation section in the Act. New definitions of authenticated, chief executive, lodge, and writing are inserted into section 2. A reference is updated in the definition of claim. The definition of Registrar is replaced to recognise the creation of the new role of Disputes Tribunal Registrar under new section 4B, but a Registrar or Deputy Registrar of the District Court performing functions under the Act is also a Registrar under the Act.

Clause 38 inserts new section 3A, which gives effect to the transitional, savings, and related provisions set out in new Schedule 1AA (inserted into the principal Act by clause 72).

Clause 39 inserts new section 4B, which gives the chief executive the power to establish the Registry of the Disputes Tribunal and appoint the Disputes Tribunal Registrar. The functions of the Registrar are set out and an obligation is placed on the Ministry of Justice to provide the necessary resources to the Tribunal.

Clause 40 replaces section 6 to provide for scheduling of the sittings of the Disputes Tribunal (the Tribunal) by a Registrar and to require the Principal Disputes Referee to roster and train Referees. Before the Principal Disputes Referee gives any directions about rostering or training of Referees, he or she must consult the Chief District Court Judge.

Clause 41 amends section 6A to replace the term of appointment for the Principal Disputes Referee of 5 years with a term of up to 5 years and to simplify a reference to the chief executive.

Clause 42 amends section 6C, relating to the functions of the Principal Disputes Referee, by inserting the standard provisions for orderly and efficient operation and for the issue of practice notes.

Clause 43 inserts new section 6D, which contains the standard provision for delegation by the Principal Disputes Referee.

Clause 44 amends section 7, relating to the appointment of Referees, to add a requirement for Referees to hold a relevant qualification (for example, a qualification in law, mediation, or arbitration) or have had relevant training, and simplifies a reference to the chief executive. The standard provision allowing a Referee whose term has expired to continue in office for some purposes, including to complete proceedings, is also added to section 7.

Clause 45 amends section 8 to simplify a reference to the chief executive and update 2 other references to recognise the creation of the new role of Disputes Tribunal Registrar under new section 4B.

Clause 46 amends section 10 by updating 3 references, including a reference to the Tribunal’s monetary limit, which is increased from $15,000 to $30,000.

Clause 47 repeals section 12.

Clause 48 repeals section 13.

Clause 49 updates a reference in section 14 to the Tribunal’s monetary limit.

Clause 50 updates the wording in section 18.

Clause 51 amends section 19 by inserting the standard provision for striking out, determining, or adjourning proceedings and updating references to the Tribunal’s monetary limit. Subsection (7) is repealed because it is redundant following the extension of the Tribunal’s monetary limit, and a reference to this subsection is removed from subsection (6).

Clause 52 amends section 20 to update a reference and to update the wording.

Clause 53 inserts new section 20A, which contains the standard provision for suppression orders (including a penalty for breach of a suppression order of a fine not exceeding $3,000).

Clause 54 replaces section 21 to require Referees to give reasons for decisions and to record decisions in writing. The Tribunal is also required to provide a copy of a final decision to the parties.

Clause 55 amends section 24 by replacing subsections (1) and (2) to update wording and to amend subsection (1) to replace the requirement for a form for lodging a claim to be prescribed with allowing a form to be approved by the chief executive after consultation with the Principal Disputes Referee.

Clause 56 amends section 25 to replace the requirement for a form for giving notice of hearing and a form for a notice of the claim to be prescribed with allowing these forms to be approved by the chief executive after consultation with the Principal Disputes Referee, and to update wording.

Clause 57 amends section 28 to add a reference to the authentication of an acknowledgement, which will be permitted as an alternative to signing an acknowledgement under section 29.

Clause 58 amends section 29 to replace the requirement for a form of acknowledgement from an applicant’s insurer to be prescribed with allowing a form to be approved by the chief executive after consultation with the Principal Disputes Referee, and to allow an acknowledgement to be authenticated as an alternative to signing it.

Clause 59 amends the heading to section 31 to delete the reference to an insurer as a party.

Clause 60 amends section 38 to clarify the meaning of a majority interest for the purpose of identifying a possible party to proceedings.

Clause 61 inserts new section 42A, which contains the standard provision for electronic hearings, for example, by telephone.

Clause 62 amends section 44 to add a requirement for the Tribunal to act consistently with any practice notes issued under new section 6C(1)(ha).

Clauses 63 to 65 amend sections 45, 46, and 47 to replace the requirement for forms to be prescribed with allowing forms to be approved by the chief executive after consultation with the Principal Disputes Referee.

Clause 66 repeals section 48, which provided that no filing fee was payable for enforcement of an order or a term of an agreed settlement.

Clause 67 amends section 49 so that the Tribunal may order only 1 rehearing unless it considers the interests of justice require more than 1 rehearing. The Tribunal may grant the rehearing on any conditions it considers appropriate, including a stay of proceedings. Clause 67 also amends a typographical error.

Clause 68 amends section 50 to replace the requirement for a form for a notice of appeal to be prescribed with allowing a form to be approved by the chief executive after consultation with the Principal Disputes Referee.

Clause 69 amends section 53 to allow a Judge to vary an order made by the Tribunal.

Clause 70 inserts new section 56A, which contains the standard provision for online publication of information about procedures.

Clause 71 amends section 57 so that the ability of the Registrar to publish details of proceedings under the direction of the Minister is subject to new section 20A, which allows the Tribunal to make suppression orders (including a penalty for breach of a suppression order of a fine not exceeding $3,000).

Clause 72 inserts new Schedule 1AA into the principal Act, which contains a transitional provision relating to persons who hold the position of Referee prior to new qualification requirements for that position, under amended section 7, coming into effect. (New Schedule 1AA is found in Schedule 1 of the Bill.)

Clause 73 is the operational provision for the consequential amendments to the principal Act set out in Schedule 2. These amendments all recognise the change in the definition of Registrar so that there may now be more than 1 Registrar. Therefore, references to “the Registrar” are updated to “a Registrar”.

Subpart 5—Amendments to Education Act 1989

Clause 74 states that subpart 5 amends the Education Act 1989.

Clause 75 amends the interpretation section by amending the definition of Authority to recognise that more than 1 Student Allowance Appeal Authority (Authority) will be now be able to be established under section 304, and by repealing the definition of member.

Clause 76 replaces section 304 with new sections 304 to 304C. New section 304 states that the Minister may appoint 1 or more Authorities. Currently, only a single Authority can be appointed. The function of an Authority is to hear appeals against decisions made about student allowances (listed in section 305). An Authority is appointed for a term of up to 5 years. New section 304 also contains the standard provision allowing an Authority whose term has expired to continue in office for some purposes, including to complete proceedings.

New section 304A states that an Authority may be removed from office in certain circumstances or may resign. An Authority is a statutory board, is entitled to receive certain remuneration and allowances, and is not personally liable for acts or omissions in certain circumstances.

New section 304B contains the standard provision for the appointment of a temporary acting Authority.

New section 304C contains the standard provision for orderly and efficient operation.

Clause 77 amends section 305 by inserting the standard provision for striking out, determining, or adjourning proceedings and updates references to the Authority.

Clause 78 amends section 306 by inserting the standard provision allowing the Tribunal to regulate its procedure as it thinks fit subject to the Act, any regulations, and any practice notes issued under new section 306AA, and updates references to the Authority.

Clause 79 inserts new section 306AA, which contains the standard provision for issuing practice notes.

Clause 80 inserts new sections 306AB and 306AC, which contain the standard provisions for online publication of information about procedures, time frames, and progress of decisions and online publication of final written decisions.

Subpart 6—Amendments to Health Act 1956

Clause 81 states that subpart 6 amends the Health Act 1956.

Clause 82 amends section 54 so that appeals are made to the District Court rather than a board of appeal.

Clause 83 replaces section 55. References to a board of appeal are replaced by references to the District Court and the format and language of the section are updated.

Clause 84 replaces section 59. A reference to a board of appeal is replaced by a reference to the District Court and the format and language of the section are updated.

Clause 85 repeals section 124, thereby disestablishing boards of appeal.

Subpart 7—Amendments to Human Rights Act 1993

Clause 86 states that subpart 7 amends the Human Rights Act 1993.

Clause 87 amends section 92BA to replace the requirement for a form for lodging an application to be prescribed with allowing a form to be approved by the chief executive after consultation with the Chairperson of the Human Rights Review Tribunal (the Tribunal) or, if more than 1 Chairperson is appointed, with both of them.

Clause 88 amends section 100 by inserting part of the standard provision allowing a Chairperson whose term has expired to continue in office for some purposes, including to complete proceedings.

Clause 89 amends section 101 relating to the maintaining of a panel by the Minister for appointment to the Tribunal in particular cases. Panel members may be included on the panel for a period of up to 5 years, and the Minister may approve the person’s inclusion on the panel for further periods. Section 101 is also amended by inserting new subsection (4), which contains part of the standard provision allowing a member of the panel to continue in office for some purposes, including to complete proceedings, when the period for which they have been approved as a member of the panel expires.

Clause 90 inserts new section 101A, which contains the standard provision for delegation by a Chairperson.

Clause 91 replaces section 102 to insert the standard provision for the appointment of temporary acting Chairperson.

Clause 92 amends section 103 by replacing references to a Deputy Chairperson with references to an acting Chairperson following the amendment to section 102.

Clause 93 inserts new section 103A, which contains the standard provision for orderly and efficient operation. If more than 1 Chairperson is appointed, they must act together in making arrangements for the orderly and efficient operation of the Tribunal members.

Clause 94 amends section 104 by inserting the standard provisions allowing the Tribunal to decide whether to deal with a proceeding on the papers, and for electronic hearings, for example, by telephone. Clause 94 also inserts the standard provision allowing the Tribunal to regulate its procedure as it thinks fit subject to the Act, any regulations, and any practice notes issued under new section 121A and replaces the requirement for forms for the purposes of the Act to be prescribed with allowing forms to be approved by the chief executive after consultation with the Chairperson of the Tribunal or, if more than 1 Chairperson is appointed, all of them.

Clause 95 amends section 110 by inserting the standard service provision allowing for service of a witness summons by either personal service or service by way of any form of prepaid delivery service that requires acknowledgement of receipt of delivery. Section 110(3), relating to service by registered post, is repealed because this form of post no longer exists.

Clause 96 replaces section 115 to insert the standard provision for striking out, determining, or adjourning proceedings.

Clause 97 inserts new section 121A, which contains the standard provision for issuing practice notes.

Clause 98 inserts new sections 121B and 121C, which contain the standard provisions for online publication of information about procedures, time frames, and progress of decisions and online publication of final written decisions.

Subpart 8—Amendments to Immigration Act 2009

Clause 99 states that subpart 8 amends the Immigration Act 2009.

Clause 100 makes a minor amendment to section 219 for sense.

Clause 101 amends section 353 to make it an offence to breach a suppression order under clause 18(4) of Schedule 2. The penalty for this offence is provided in section 355.

Clause 102 amends section 355 to provide a penalty for an offence under new section 353(2)(d), which is a fine not exceeding $3,000.

Clause 103 amends Schedule 2, which relates to procedures in the Immigration and Protection Tribunal (the Tribunal). New clause 1(5) contains the standard provision allowing a member whose term has expired to continue in office for some purposes, including to complete proceedings. Clause 11 is amended to replace the requirement for a form of a summons to be prescribed with allowing a form to be approved by the chief executive after consultation with the chair of the Tribunal. Clause 11 is also amended by replacing 2 references to the Tribunal with a reference to the chair and deputy chair.

New clauses 18A and 18B of Schedule 2 contain the standard provisions for electronic hearings, for example by telephone, and for the online publication of information about procedures, time frames, and progress of decisions. Clause 19 is amended by making publication of decisions also subject to clause 18(4), which allows the Tribunal to make suppression orders.

Subpart 9—Amendments to Immigration Advisers Licensing Act 2007

Clause 104 states that subpart 9 amends the Immigration Advisers Licensing Act 2007.

Clause 105 inserts new section 41A, which contains the standard provision for orderly and efficient operation of the Immigration Advisers Complaints and Disciplinary Tribunal (the Tribunal).

Clause 106 inserts new section 41B, which contains the standard provision for delegation by the chair.

Clause 107 inserts new section 50A, which contains the standard provision for suppression orders. The penalty for breaching a suppression order is provided for in new section 70A (and is a fine not exceeding $3,000).

Clause 108 amends section 53 so that when the Tribunal is considering whether a licence should be suspended, the matters currently in section 53(1)(b) and (c) are alternatives rather than both needing to be present in a particular case.

Clause 109 inserts new sections 70A to 70C, which provide a penalty of a fine not exceeding $3,000 for breach of a suppression order and create offences of failing to comply with a summons and of contempt of the Tribunal, which are both punishable by a penalty of a fine not exceeding $1,000.

Clause 110 amends section 93 to change the period of time before a notice or document sent to a person is to be treated as being received from 7 days to 9 days.

Clause 111 amends the Schedule of the Act. Clause 2 is amended by increasing the term of appointment of members from up to 3 years to up to 5 years, and the standard provision allowing a member whose term has expired to continue in office for some purposes, including to complete proceedings, is also added to clause 2. New clause 3A contains the standard provision for the appointment of a temporary acting chair or member. Clause 6 is amended to allow the Tribunal to issue a summons to a witness and to replace the requirement for a form for an witness summons to be prescribed with allowing a form to be approved by the chief executive after consultation with the chair of the Tribunal. Clause 6 is also amended by the replacement of 2 references to the Tribunal with a reference to the chair of the Tribunal.

Clause 8 is replaced by new clauses 8 to 8B. New clause 8 includes in the existing power to take evidence, a power to require documents be verified. New clause 8A contains the standard provision for electronic hearings, for example, by telephone. New clause 8B requires decisions of the Tribunal to be in writing.

In clause 10, references to rules are replaced with references to regulations. New clauses 12 to 14 contain the standard provisions for issuing practice notes, online publication of information about procedures, time frames, and progress of decisions and online publication of final written decisions.

Subpart 10—Amendments to Lawyers and Conveyancers Act 2006

Clause 112 states that subpart 10 amends the Lawyers and Conveyancers Act 2006.

Clauses 113 and 114 relate to the Legal Complaints Review Officer. A typographical error in section 179 is removed. The standard service provision allowing for service of a notice by either personal service or service by way of any form of prepaid delivery service that requires acknowledgement of receipt of delivery is also added to sections 179 and 182.

Clause 115 inserts new section 192A, which contains the standard provision for orderly and efficient operation by the Legal Complaints Review Officer.

Clause 116 amends section 198 to replace the requirement for a form for an application for review to be prescribed with allowing a form to be approved by the chief executive after consultation with the Legal Complaints Review Officer.

Clause 117 replaces section 205 to insert the standard provision for striking out, determining, or adjourning proceedings by the Legal Complaints Review Officer.

Clause 118 amends section 206 by inserting the standard provisions allowing the Legal Complaints Review Officer to decide whether to deal with a proceeding on the papers, and for electronic hearings, for example, by telephone. Section 206 is also amended by inserting new subsections (3A) and (3B), which give the Legal Complaints Review Officer the power to determine a claim where a party fails to do specified things. Section 206 is also amended by making publication of decisions also subject to new section 211A, which allows the Legal Complaints Review Officer to make suppression orders.

Clause 119 inserts new section 211A, which contains the standard provision for suppression orders by the Legal Complaints Review Officer.

Clause 120 amends the heading to section 215 by replacing the reference to costs or expenses with a reference to costs, expenses, or compensation, and states that a compensation order made by the Legal Complaints Review Officer may be enforced as if it were a District Court order.

Clause 121 inserts a new cross-heading and new section 215A, which contains the standard provision for issuing practice notes.

Clause 122 inserts new section 215B, which contains the standard provision for online publication of information about procedures, time frames, and progress of decisions by the Legal Complaints Review Officer.

Clause 123 inserts new section 233A, which contains the standard provision for the appointment of temporary acting members of the Lawyers and Conveyancers Disciplinary Tribunal (the Tribunal).

Clause 124 inserts new section 238A, which contains the standard provision allowing the Tribunal to decide whether to deal with a proceeding on the papers.

Clause 125 inserts new section 249A, which contains the standard provision for issuing practice notes.

Clause 126 inserts new sections 249B and 249C, which contain the standard provisions for online publication of information about procedures, time frames, and progress of decisions and online publication of final written decisions by the Tribunal.

Clause 127 amends section 258 to allow monetary orders of the Tribunal to be enforced as a debt in a court and amendments are made to widen the types of courts in which this may be done.

Clause 128 inserts new section 262A, which makes it an offence to breach a suppression order made by the Legal Complaints Review Officer under new section 211A or the Tribunal under section 240 (including a penalty for breach of a suppression order of a fine not exceeding $3,000).

Clause 129 amends Schedule 3. Clause 1 is amended to increase the term for which the Legal Complaints Review Officer may be appointed from a term of up to 3 years to a term of up to 5 years, and part of the standard provision allowing the Legal Complaints Review Officer, when his or her term has expired to continue in office for some purposes, including to complete proceedings, is also added to clause 1. Some wording in clause 3(1) relating to the appointment of deputies is updated.

Clause 130 amends Schedule 4. Clause 2 is amended to increase the term for which a member of the Tribunal may be appointed from a term of up to 3 years to a term of up to 5 years, and part of the standard provision allowing a member whose term has expired to continue in office for some purposes, including to complete proceedings, is also added to clause 2. Clause 6 is replaced to allow the Disciplinary Tribunal to issue a witness summons, and a new definition of writing is included in new subclause (5). New clause 12 requires the Tribunal to give decisions in writing and to state the reasons for decisions.

Subpart 11—Amendments to Legal Services Act 2011

Clause 131 states that subpart 11 amends the Legal Services Act 2011.

Clause 132 amends section 53 relating to the period in which an application for review may be filed in the Legal Aid Tribunal (the Tribunal) by replacing a reference to 3 months with a reference to 60 working days.

Clause 133 inserts new sections 55A and 55B, which contain the standard provision allowing the Tribunal to regulate its procedure as it thinks fit subject to the Act and any regulations, and part of the standard provision for striking out proceedings.

Clause 134 inserts new section 57A, which contains the standard provision for suppression orders.

Clause 135 inserts new section 57B, which contains the standard provision for the online publication of information about procedures, time frames, and progress of decisions by the Tribunal.

Clause 136 amends section 58 to make publication of decisions under that section subject to new section 57A, which allows the Tribunal to make suppression orders.

Clause 137 inserts new section 66A, which contains the standard provision for the appointment of a temporary acting chairperson or member of the Tribunal.

Clause 138 relates to the Review Authority (the Authority) and inserts new section 85A, which contains part of the standard provision for striking out proceedings.

Clause 139 inserts new section 86A, which contains the standard provision for suppression orders.

Clause 140 amends section 87A to provide that the functions of a Deputy Review Authority (a Deputy Authority) are subject to new sections 87D to 87F.

Clause 141 inserts new section 87C, which contains the standard provision for the appointment of a temporary acting Authority or Deputy Authority.

Clause 142 inserts a new cross-heading and new section 87D, which contains the standard provision for issuing practice notes.

Clause 143 inserts new sections 87E and 87F, which contain the standard provisions for online publication of information about procedures, time frames, and progress of decisions and online publication of final written decisions.

Clause 144 inserts new section 112A to make it an offence to breach a suppression order under new section 57A or 86A.

Clause 145 amends Schedule 3. Clause 1 is amended to increase the term for which a member of the Tribunal may be appointed from a term of up to 3 years to a term of up to 5 years, and part of the standard provision allowing a member whose term has expired to continue in office for some purposes, including to complete proceedings, is also added to clause 3. Clause 18 is amended to increase the term for which the Authority may be appointed from a term of up to 3 years to a term of up to 5 years, and the standard provision allowing the Authority, when that person’s term has expired to continue in office for some purposes, including to complete proceedings, is also added to clause 18.

Clause 25 of Schedule 3 is replaced with the standard provision allowing the Authority to regulate its procedure as it thinks fit subject to the Act and any regulations.

Subpart 12—Amendments to Maritime Transport Act 1994

Clause 146 states that subpart 12 amends the Maritime Transport Act 1994.

Clause 147 amends section 52(2B) to remove a redundant reference to an appeal to the Maritime Appeal Authority continued under section 82 because section 82 is repealed. Clause 147 also amends section 52(5) to provide that appeals under section 52 may be made to the District Court under section 424 of the Act.

Clause 148 repeals section 82, which, along with the insertion of new section 82A, has the effect of disestablishing the Maritime Appeal Authority. This Authority is not required as appeals under section 52 will now be made to the District Court under section 424.

Clause 149 inserts new section 82A, which disestablishes the Maritime Appeal Authority and states that no compensation is payable to a person who ceases to hold office as a result.

Clause 150 amends section 191 to remove a redundant reference to the Maritime Appeal Authority.

Clause 151 amends section 207(1)(d) to clarify that the Maritime Appeal Authority is disestablished under new section 82A.

Clause 152 inserts new section 425(2A), which requires the District Court, when hearing an appeal under section 52, to have regard to the potential effect on the risk to maritime safety of the suspended person being employed as a seafarer.

Clause 153 amends section 426 to remove a redundant reference to section 52.

Clause 154 amends section 445 to remove a redundant reference to the Maritime Appeal Authority.

Clause 155 repeals Schedule 2 of the principal Act, which contains provisions relating to the Maritime Appeal Authority and is therefore redundant.

Subpart 13—Amendments to Motor Vehicle Sales Act 2003

Clause 156 states that subpart 13 amends the Motor Vehicle Sales Act 2003.

Clause 157 amends section 84 to state that an adjudicator may be reappointed, and part of the standard provision allowing an adjudicator whose term has expired to continue in office for some purposes, including to complete proceedings, is also added to section 84.

Clause 158 inserts new section 85A, which contains the standard provision for the appointment of a temporary acting adjudicator.

Clause 159 amends section 88 relating to the maintaining of a panel by the Minister for appointment to a Motor Vehicle Disputes Tribunal (a Tribunal) in particular cases. Panel members may be included on the panel for a period of up to 5 years, and the Minister may approve the person’s inclusion on the panel for further periods. Subsection (3) is repealed because the subject matter is now dealt with in new subsections (1A) and (1B). Section 88 is also amended by inserting new subsection (5), which contains part of the standard provision allowing a member of the panel to continue in office for some purposes, including to complete proceedings, when the period for which they have been approved as a member of the panel expires.

Clause 160 amends section 94 by making publication of decisions also subject to new clause 13A in Schedule 1, which allows a Tribunal to make suppression orders.

Clause 161 inserts a new cross-heading and new sections 110A and 110B, which create offences of breach of suppression orders and contempt of a Tribunal. Penalties for both offences are provided in new section 116A.

Clause 162 inserts new section 116A, which provides a penalty of a fine for the offences in new sections 110A and 110B and new clause 9H of Schedule 1. For the offence in new section 110A (breach of a suppression order), the penalty is a fine not exceeding $3,000. For the offences in new section 110B (contempt of a Tribunal) and new clause 9H of Schedule 1 (failure to give evidence), the penalty is a fine not exceeding $1,000.

Clause 163 amends Schedule 1, which relates to the procedure of Tribunals. Clause 1 is amended so that the procedure of a Tribunal is subject to any practice notes issued under new clause 17 of Schedule 1. New clause 2A is inserted into Schedule 1, which contains the standard provision for orderly and efficient operation. Clause 4 is amended to replace the requirement for a form for an application to be prescribed with allowing a form to be approved by the chief executive after consultation with all adjudicators.

Clause 8 is amended to replace a requirement for hearings to be held in private with a requirement that hearings must be in public, unless a Tribunal orders otherwise. New subclause (1A) is inserted to provide that a hearing may be held in private if the relevant adjudicator is of the opinion that it is proper to do so, having regard to the interests of any party and to the public interest. The standard provision for electronic hearings, for example, by telephone, is also added to clause 8.

New clauses 9A to 9H are inserted into Schedule 1. New clause 9A contains the standard provision allowing a Tribunal to decide whether to deal with a proceeding on the papers. New clause 9B contains the standard provision for striking out, determining, or adjourning proceedings. New clause 9C contains rules relating to the taking of evidence, including the requirements for a charge of perjury. New clause 9D gives Tribunals the power to summons witnesses. New clause 9E contains requirements for service of a summons issued under new clause 9D. These include a requirement for payment of a sum for expenses to a witness at the time of service or at any other reasonable time. New clause 9F extends the obligation to attend a hearing to any time or place to which proceedings have been adjourned if certain expenses have been paid to the witness. New clause 9G states that the expenses payable to a witness are as provided for in the Witnesses and Interpreters Fees Regulations 1974. New clause 9H makes it an offence to fail to give evidence. The penalty for this offence is set out in new section 116A.

Clause 163 also inserts into Schedule 1 a new clause 13A, which contains the standard provision for suppression orders, and new clauses 17 and 18, which contain the standard provisions for issuing practice notes and online publication of information about procedures, time frames, and progress of decisions.

Subpart 14—Amendments to Prisoners’ and Victims’ Claims Act 2005

Clause 164 states that subpart 14 amends the Prisoners’ and Victims’ Claims Act 2005.

Clause 165 amends section 27 to replace the further period after which a notice or document is treated as having been served from the seventh day after which it was posted to 5 working days after it is posted.

Clause 166 amends section 43 to change the penalty for breaching a suppression order for an individual from a fine not exceeding $1,000 to a fine not exceeding $3,000.

Clause 167 amends section 45 so that the procedure of a Victims’ Special Claims Tribunal (a Tribunal) is subject to any practice notes issued under new section 60A.

Clause 168 inserts new section 58A, which contains the standard provision for orderly and efficient operation by a Tribunal.

Clause 169 inserts new section 60A, which contains the standard provision for issuing practice notes (by the Chief District Court Judge).

Clause 170 inserts new section 60B, which contains the standard provision for online publication of information about procedures, time frames, and progress of decisions.

Subpart 15—Amendments to Private Security Personnel and Private Investigators Act 2010

Clause 171 states that subpart 15 amends the Private Security Personnel and Private Investigators Act 2010.

Clause 172 amends the interpretation section by replacing the definition of Licensing Authority or Authority to recognise that more than 1 Private Security Personnel Licensing Authority (an Authority) will be now be able to be established under section 87 and more than 1 Deputy Private Security Personnel Licensing Authority (a Deputy Authority) will be now be able to be established under section 91.

The definition of an offence of dishonesty is amended to include any offence described in section 127 of the Social Security Act 1964.

A new definition of unsatisfactory conduct is inserted.

Clauses 173 to 175 amend sections 24, 25, and 27 to replace the requirement for a form for an application for a licence (in sections 24 and 25) or a form for a notice of application for a licence (in section 27) to be prescribed with allowing these forms to be approved by the chief executive after consultation with all Authorities.

Clauses 176 and 177 amend sections 28 and 29 to remove unnecessary references to the Authority.

Clause 178 amends section 31(1) and (2) to update references to the Authority.

Clause 179 amends section 34 to update a reference to the Authority and to replace the requirement for a form for a licence to be prescribed with allowing a form to be approved by the chief executive after consultation with all Authorities.

Clause 180 amends section 40 to replace the requirement for a form for an application for approval to be prescribed with allowing a form to be approved by the chief executive after consultation with all Authorities.

Clause 181 amends section 41 to update 2 references to the Authority.

Clause 182 amends section 46 to replace the requirement for a form for an application for a certificate of approval to be prescribed with allowing a form to be approved by the chief executive after consultation with all Authorities, and to add the words “if any” to clarify that the prescribing of a fee is optional.

Clause 183 amends sections 49 to remove unnecessary references to the Authority.

Clause 184 amends section 51 to update a reference to the Authority.

Clause 185 amends section 54 to update a reference to the Authority and to replace the requirement for a form for a certificate of approval to be prescribed with allowing a form to be approved by the chief executive after consultation with all Authorities.

Clause 186 amends section 58 to update references to the Authority.

Clause 187 amends section 62 to add being adjudged bankrupt to the grounds for disqualification of an applicant for a licence or certificate of approval under the Act.

Clause 188 and 189 amend sections 73 and 74 to update references to the Authority and to add unsatisfactory conduct as a ground for a complaint against a licensee and a certificate holder. Unsatisfactory conduct is defined in section 4, and a finding of unsatisfactory conduct is subject to different actions by an Authority than other types of behaviour that can be the subject of disciplinary action. These actions are listed in new section 78(1B).

Clauses 190 and 191 amend sections 75 and 76 to update references to the Authority.

Clause 192 amends section 77 to update a reference to the Authority, and new subsections (8) and (9), which contain the standard provision allowing an Authority to decide whether to deal with a proceeding on the papers, are also added to section 77.

Clause 193 inserts new sections 77A to 77C. New section 77A contains the standard provision allowing an Authority to regulate its procedure as it thinks fit subject to the Act, any regulations, and any practice notes issued under new section 96A. New section 77A also contains the standard provision for electronic hearings, for example, by telephone. New section 77B contains the standard provision for suppression orders, which makes it an offence to breach a suppression order (including a penalty for breach of a suppression order of a fine not exceeding $3,000). New section 77C creates an offence of contempt of an Authority, which is punishable by a penalty of a fine not exceeding $1,000.

Clause 194 amends section 78 to update a reference to the Authority. Section 78 is also amended by inserting new subsections (1A) and (1B), which relate to actions an Authority can take following a finding of unsatisfactory conduct. These actions are listed in new subsection (1B).

Clause 195 amends section 79 to update a reference to the Authority.

Clause 196 amends section 80 by inserting new subsection (1)(aa), which adds a ground for the cancellation of a licence relating to a person’s character, circumstances, or background.

Clause 197 amends section 81 to update a reference to the Authority and insert new subsections (1A) and (1B), which provide 5 new things that an Authority may order if he or she is satisfied that unsatisfactory conduct has been proved.

Clause 198 amends section 82 to update a reference to the Authority.

Clause 199 amends section 83 to correct a typographical error and to add a new discretionary ground for cancellation of a certificate.

Clause 200 amends section 87 to allow 1 or more Authorities to be appointed. Currently only a single Authority can be appointed.

Clause 201 inserts new section 88A, which contains the standard provision for orderly and efficient operation. An Authority is responsible for making arrangements to ensure the orderly and efficient operation of any Deputy Authority. If more than 1 Authority is appointed, they must act together in making arrangements for any Deputy Authority.

Clause 202 amends section 89 to correct a typographical error.

Clause 203 amends section 90 to increase the term for which an Authority may be appointed from a term of up to 3 years to a term of up to 5 years, and the standard provision allowing an Authority whose term has expired to continue in office for some purposes, including to complete proceedings, is also added to section 90.

Clause 204 amends section 91 to allow a Deputy Authority to resign and to allow the Governor-General to remove a Deputy Authority for specified reasons. The standard provision allowing a Deputy Authority whose term has expired to continue in office for some purposes, including to complete proceedings, is also added to section 91. Subsection (5) is repealed because its content is now in new subsection (3B) and a typographical error is corrected.

Clauses 205 and 206 amend sections 92 and 93 to update references to the Authority.

Clause 207 inserts new section 96A, which contains the standard provision for issuing practice notes.

Clause 208 inserts new sections 96B and 96C, which contain the standard provisions for online publication of information about procedures, time frames, and progress of decisions and online publication of final written decisions.

Clauses 209 to 211 amend sections 97 and 98, and replace section 111 to update references to the Authority.

Clauses 212 and 213 together repeal section 114(1)(a) and insert new section 114A to replace the requirement for forms for the purposes of the Act to be prescribed with allowing forms to be approved by the chief executive.

Clause 214 replaces section 117 to update a reference to the Authority.

Clause 215 is the operational provision for the consequential amendments to the principal Act set out in Schedule 3. These amendments follow the change from a single Authority to the appointment of 1 or more Authorities under section 87.

Subpart 16—Amendments to Real Estate Agents Act 2008

Clause 216 states that subpart 16 amends the Real Estate Agents Act 2008.

Clause 217 amends section 24 to provide that fees relating to the Real Estate Agents Disciplinary Tribunal (the Tribunal) payable under regulations are payable to the Ministry of Justice rather than the Registrar or the Real Estate Agents Authority.

Clause 218 amends section 74 to allow complaints to be dealt with by the Registrar, and if the Registrar decides not to deal with a complaint he or she can refer it to a Complaints Assessment Committee (a Committee).

Clause 219 amends section 93 to correct a typographical error and gives a Committee an additional action to take after making a determination under section 89(2)(b) that a licensee has engaged in unsatisfactory conduct. Under new section 93(1)ha), the Committee may refer the matter to the Tribunal to consider whether to make a compensation order under new section 110(5).

Clause 220 amends section 100 to correct a reference and to change the number of members who may be appointed to the Tribunal from up to 5 to at least 3.

Clause 221 amends section 101 to simplify the language.

Clause 222 amends section 107 to remove the words in the heading referring to hearings being in public because some hearings will not be in public, for example, a hearing on the papers under new section 107A. The standard provision for electronic hearings, for example, by telephone, is also added to section 107.

Clause 223 inserts new section 107A, which contains the standard provision allowing the Tribunal to decide whether to deal with a proceeding on the papers.

Clause 224 amends section 108 to provide a penalty for breach of a suppression order, which is a fine not exceeding $3,000.

Clause 225 amends section 109 to update a term.

Clause 226 inserts new section 109A, which contains the standard provision for striking out, determining, or adjourning proceedings.

Clause 227 amends section 110 to provide for the ability of the Tribunal to make a compensation order for a case referred to it by a Committee, despite the Tribunal itself not being satisfied (because it has not heard the case itself) that a licensee has engaged in unsatisfactory conduct.

Clause 228 inserts new section 110A allowing the Tribunal to make an award of costs.

Clause 229 amends section 111 to remove the right of appeal against a decision by a Committee that a complaint or allegation be considered by the Tribunal. Section 111 is also amended to set a time for appeal to the Tribunal against a determination by a Committee of 20 working days, but allows the Tribunal to accept a late appeal within 60 working days if it is satisfied that exceptional circumstances prevented the appeal being made in time. Clause 229 also adds new paragraph (ab) to the list of items in subsection (2) that must accompany a notice of appeal against a determination of a Committee. The new item provided in new paragraph (ab) is a prescribed fee (if any).

Clause 230 amends section 112 to add new paragraph (ab) to the list of items in subsection (2) that must accompany an application to review a determination of a Registrar. The new item provided in new paragraph (ab) is a prescribed fee (if any).

Clause 231 inserts new section 115A, which contains the standard provision for issuing practice notes.

Clause 232 inserts new section 115B, which contains the standard provision for online publication of information about procedures, time frames, and progress of decisions.

Clause 233 inserts new section 116A, which sets a time for appeal to the High Court of 20 working days but allows the High Court to accept a late appeal within 60 working days if it is satisfied that exceptional circumstances prevented the appeal being made in time.

Clause 234 inserts new section 120A, which sets a time for appeal to the Court of Appeal of 20 working days but allows the Court of Appeal to accept a late appeal within 60 working days if it is satisfied that exceptional circumstances prevented the appeal being made in time.

Clause 235 inserts a new cross-heading and new sections 153A and 153B, which create offences of failing to comply with a summons and contempt of the Tribunal respectively. In both cases, the penalty is a fine not exceeding $1,000.

Clause 236 amends section 154 to allow service of a notice or document to an email address or fax number provided by the person being served, and changes the period of time before a notice or document sent to a person is treated as being received from when the letter would have been delivered in the ordinary course of the post to 5 working days after it was posted.

Clause 237 amends section 156 to provide a regulation-making power to prescribe fees relating to the functions of the Tribunal.

Clause 238 amends Schedule 1. Clause 1 is amended to increase the term for which members of the Tribunal may be appointed from a term of up to 3 years to a term of up to 5 years, and the standard provision allowing a member whose term has expired to continue in office for some purposes, including to complete proceedings, is also added to clause 1.

New clause 3A is inserted and contains the standard provision for the appointment of a temporary acting chairperson, deputy chairperson, or member of the Tribunal. Terminology is updated in clause 4. Clause 6 is amended to allow parties to request that a witness be summoned and to replace the requirement for a form for an application to be prescribed with allowing a form to be approved by the chief executive after consultation with the chairperson of the Tribunal.

In clauses 6 and 9 the words “books, papers, documents, records, or things” are replaced with “document, information, or thing” for consistency with amended section 109 and the new offence provision in new section 153A. Clause 6 is also amended to include the chairperson or the deputy chairperson as persons who may issue a summons.

Subpart 17—Amendments to Residential Tenancies Act 1986

Clause 239 states that subpart 17 amends the Residential Tenancies Act 1986.

Clause 240 inserts new section 67A, which contains the standard provision for the appointment of a temporary acting Principal Tenancy Adjudicator, Deputy Principal Tenancy Adjudicator, or Tenancy Adjudicator of the Tenancy Tribunal (the Tribunal).

Clause 241 amends section 68 to increase the term for which Tenancy Adjudicators may be appointed from a term of up to 3 years to a term of up to 5 years, to allow Tenancy Adjudicators to be reappointed, and to add the standard provision allowing a Tenancy Adjudicator whose term has expired to continue in office for some purposes, including to complete proceedings.

Clause 242 inserts new section 71A to allow delegation by the Principal Tenancy Adjudicator.

Clause 243 amends section 88 to allow a Registrar to seal an order made by a Tenancy Mediator, but also to allow a Registrar to decline to seal the order and refer it to a Tenancy Adjudicator in certain circumstances. At present, only a Tenancy Adjudicator can seal an order made by a Tenancy Mediator.

Clause 244 inserts new section 92A, which contains the standard provision for striking out proceedings. A provision for adjourning proceedings in the absence of a party is already contained in section 92.

Clause 245 amends section 96 by inserting the standard provision for electronic hearings, for example, by telephone, and a reference to section 115, which provides the Principal Tenancy Adjudicator with the power to issue practice directions, is also added to subsection (5).

Clause 246 amends section 106 to replace “warrant for the recovery of the premises” with “warrant for the recovery of land”.

Clause 247 inserts new section 111A, which provides a penalty for breach of a suppression order of a fine not exceeding $3,000.

Clause 248 inserts new sections 115A and 115B, which contain the standard provisions for the online publication of information about procedures, time frames, and progress of decisions and online publication of final written decisions by the Tribunal.

Subpart 18—Amendments to Sale and Supply of Alcohol Act 2012

Clause 249 states that subpart 18 amends the Sale and Supply of Alcohol Act 2012.

Clause 250 inserts new sections 179A and 179B, which contain the standard provisions for the appointment of a temporary acting chairperson, deputy chairperson, or member of the Alcohol Regulatory and Licensing Authority (the Authority) and for orderly and efficient operation.

Clause 251 amends section 181 to increase the term for which members may be appointed to the Authority from a term of up to 3 years to a term of up to 5 years, and the standard provision allowing a member whose term has expired to continue in office for some purposes, including to complete proceedings, is also added to section 181.

Clause 252 amends section 202 by inserting the standard provision for electronic hearings, for example, by telephone.

Clause 253 inserts new section 211A to create an offence of contempt of the Authority, which is punishable by a penalty of a fine not exceeding $1,000.

Clause 254 amends section 280 to replace the requirement for a form for an application to be prescribed with allowing a form to be approved by the chief executive after consultation with the chairperson of the Authority.

Clause 255 amends section 285 to replace the requirement for a form for an application to be prescribed with allowing a form to be approved by the chief executive after consultation with the chairperson of the Authority.

Subpart 19—Amendments to Secondhand Dealers and Pawnbrokers Act 2004

Clause 256 states that subpart 19 amends the Secondhand Dealers and Pawnbrokers Act 2004.

Clause 257 amends the interpretation section by replacing the definition of Licensing Authority or Authority to recognise that more than 1 Licensing Authority of secondhand dealers and pawnbrokers (an Authority) will be now be able to be established under section 70 and more than 1 Deputy Licensing Authority of secondhand dealers and pawnbrokers (a Deputy Authority)will be now be able to be established under section 71.

Clause 258 amends section 8 to update references to the Authority and to add a requirement that the chief executive consult with all Authorities before approving a form for an application for a licence. The requirement for an application to be accompanied by 2 photographs is replaced by a requirement for 1 photograph.

Clause 259 amends section 10 by inserting new subsections (5) and (6), which allow an Authority to waive disqualification for a minor offence after taking into account specified matters.

Clause 260 amends section 15 to update a reference to the Authority.

Clause 261 amends section 16 to allow an Authority to suspend a licence (rather than cancel it) and sets limits for the term of a suspension.

Clause 262 amends section 17 by inserting new subsection (1A), which requires the form for advising of a change in details included on a licence application to be approved by the chief executive after consultation with all Authorities and allows for the charging of a prescribed fee.

Clause 263 amends section 21 to replace the function of approving a form for an application for a certificate by the Authority with approval of the form by the chief executive after consultation with all Authorities. The requirement for an application to be accompanied by 2 photographs is replaced by a requirement for 1 photograph, and the requirement for an application to be accompanied by a statutory declaration is removed. A change is made to subsection (1)(d) to clarify that the prescribing of a fee is optional and a reference to the Authority in subsection (2) is updated.

Clause 264 amends section 23 to add matters that an Authority must take into account when considering whether to waive a disqualification. These are the same matters that must be considered when deciding whether to issue a licence under section 10.

Clause 265 amends section 26 to update references to the Authority. New subsections (4) and (5) are inserted allowing an Authority to require an applicant to attend a hearing in person.

Clauses 266 and 267 amend sections 30 and 31 to update references to the Authority.

Clause 268 amends section 42 by inserting new subsection (3A), which lists information that must be included in a dealers record for a functioning motor vehicle, and by inserting new subsection (6), which contains a new definition of functioning motor vehicle.

Clause 269 amends section 44 to include a reference to a functioning motor vehicle in the list of information in a dealer’s record that must be kept for not less than 3 years.

Clause 270 amends section 70 to allow 1 or more Authorities to be appointed. Currently only a single Authority can be appointed. The standard provision allowing an Authority whose term has expired to continue in office for some purposes, including to complete proceedings, is also added to section 70.

Clause 271 amends section 71 to update references to the Authority and to provide that a Deputy Authority may be appointed for a term of up to 5 years and may be reappointed. The standard provision allowing a Deputy Authority whose term has expired to continue in office for some purposes, including to complete proceedings, is added to section 71 in new subsection (2A). Subsection (2) is repealed because its substance is now in new subsection (2A).

Clause 272 amends section 72 to update references to the Authority and Deputy Authority.

Clause 273 inserts new sections 74A and 74B, which contain the standard provision for orderly and efficient operation and create an offence of contempt of an Authority, which is punishable by a penalty of a fine not exceeding $1,000.

Clause 274 amends section 75 to update references to the Authority.

Clause 275 inserts new sections 76A to 76C, which contain the standard provisions allowing an Authority to regulate its procedure as it thinks fit subject to the Act and any regulations, for electronic hearings, for example, by telephone, allowing an Authority to decide whether to deal with a proceeding on the papers, and for suppression orders (including a penalty for breach of a suppression order of a fine not exceeding $3,000).

Clause 276 replaces section 77 to update references to the Authority and to remove a redundant transitional provision.

Clause 277 inserts new section 77A, which contains the standard provision for issuing practice notes.

Clause 278 inserts new sections 77B and 77C, which contain the standard provisions for online publication of information about procedures, time frames, and progress of decisions and online publication of final written decisions.

Clauses 279 to 281 replace section 78 and amend sections 81 and 82 to update references to the Authority.

Clause 282 amends section 84 to update references and to allow regulations to be made providing an exemption from paying fees.

Clause 283 is the operational provision for the consequential amendments to the principal Act set out in Schedule 4. These amendments follow the change from a single Authority to the appointment of 1 or more Authorities under section 70.

Subpart 20—Amendments to Social Security Act 1964

Clause 284 states that subpart 20 amends the Social Security Act 1964.

Clause 285 amends section 12A to update terminology and to provide for appointment of a deputy chairperson to whom the chairperson of the Social Security Appeal Authority (the Authority) may delegate functions.

Clause 286 amends section 12B to increase the term for which members of the Authority may be appointed from a term of 3 years to a term of up to 5 years, and the standard provision allowing a member whose term has expired to continue in office for some purposes, including to complete proceedings, is also added to section 12B.

Clause 287 amends section 12D to update terminology.

Clause 288 replaces section 12E with new section 12E, which contains the standard provision for the appointment of a temporary acting chairperson, deputy chairperson, or member of the Authority.

Clause 289 inserts new sections 12IA and 12IB, which contain the standard provision for orderly and efficient operation and create an offence of contempt of the Authority, which is punishable by a penalty of a fine not exceeding $1,000.

Clause 290 amends section 12K relating to procedure for appeals. References to 3 months are replaced with references to 60 working days for the time in which an appeal must be lodged. A reference in subsection (7) to 10 clear days is replaced with a reference to 10 working days as the minimum period for giving notice of the hearing to the parties.

Clause 291 inserts new sections 12KA and 12 KB, which contain the standard provisions allowing the Authority to decide whether to deal with a proceeding on the papers and for electronic hearings, for example, by telephone.

Clause 292 inserts new section 12MA, which contains the standard provision for striking out, determining, or adjourning proceedings.

Clause 293 amends section 12N to update terminology and include a reference to deputy chairperson, and to change the penalty for publishing any part of proceedings unless ordered by the Authority from a fine not exceeding $100 to a fine not exceeding $3,000.

Clause 294 inserts new section 12PA, which contains the standard provision for issuing practice notes.

Clause 295 inserts new section 12PB, which contains the standard provision for online publication of information about procedures, time frames, and progress of decisions.

Clause 296 amends section 12Q relating to appeals to the High Court by changing 3 references to 14 days to references to 14 working days. Subsections (4) to (8) are amended to update terminology and to include references to a deputy chairperson.

Subpart 21—Amendments to Taxation Review Authorities Act 1994

Clause 297 states that subpart 21 amends the Taxation Review Authorities Act 1994.

Clause 298 inserts new section 5A, which contains the standard provision for the appointment of a temporary acting Taxation Review Authority (an Authority).

Clause 299 amends section 6 to change the term for which an Authority may be appointed from a term of up to 7 years to a term of up to 5 years, and the standard provision allowing an Authority whose term has expired to continue in office for some purposes, including to complete proceedings, is also added to section 6. Section 6(2) is repealed because the subject matter is now dealt with in new subsection (4).

Clause 300 inserts new section 13AB, which contains the standard provision for orderly and efficient operation and places an obligation on the Ministry of Justice to provide the necessary resources to the Authorities.

Clause 301 amends section 16 so that the procedure of an Authority is subject to any practice notes issued under new section 25B.

Clause 302 inserts new sections 20A and 20B, which contain the standard provisions allowing an Authority to decide whether to deal with a proceeding on the papers and for electronic hearings, for example, by telephone.

Clause 303 replaces section 21 to insert the standard provision for striking out, determining, or adjourning proceedings.

Clause 304 amends section 22 to update a reference to the new strike out provision in new section 21.

Clause 305 amends section 25 to include a requirement that a decision must contain reasons for the decision.

Clause 306 inserts new sections 25A to 25C, which contain standard provisions for suppression orders (including a penalty for breach of a suppression order of a fine not exceeding $3,000), to create an offence of contempt of an Authority (which is punishable by a penalty of a fine not exceeding $1,000), and for issuing practice notes.

Clause 307 inserts new sections 25D and 25E, which contain standard provisions for online publication of information about procedures, time frames, and progress of decisions and online publication of final written decisions.

Subpart 22—Amendments to Weathertight Homes Resolution Services Act 2006

Clause 308 states that subpart 22 amends the Weathertight Homes Resolution Services Act 2006.

Clause 309 amends section 27 to replace the function of approving a form for an application to the Weathertight Homes Tribunal (the Tribunal) by the chair of the Tribunal with approval of the form by the chief executive after consultation with the chair.

Clause 310 amends section 62 to replace the function of approving a form for an application to the Tribunal by the chair with approval of the form by the chief executive after consultation with the chair.

Clause 311 inserts new section 103A, which contains the standard provision for the appointment of a temporary acting chair or member.

Clause 312 inserts new section 106A, which contains the standard provision for orderly and efficient operation.

Clause 313 amends section 107, which relates to delegation of duties by the chair, to replace the function of approving forms by the chair with approval of forms by the chief executive after consultation with the chair.

Clause 314 inserts new section 109AA, which contains the standard provision allowing the Tribunal to regulate its procedure as it thinks fit, subject to the Act and any regulations.

Clause 315 inserts new section 109A, which contains the standard provision for striking out, determining, or adjourning proceedings.

Clause 316 inserts new sections 114A and 114B, which contain the standard provisions for online publication of information about procedures, time frames, and progress of decisions and online publication of final written decisions.

Clause 317 amends section 115, which relates to contempt of the Tribunal, to include a witness in the list of people whom it is an offence to assault, threaten, intimidate, or intentionally insult.

Clause 318 inserts new section 115A providing a penalty for breach of a suppression order of a fine not exceeding $3,000.

Clause 319 amends section 116, which relates to contempt of the Tribunal, to include any officer of the Tribunal as a person (along with a member of the police) who can remove a person who is excluded from a sitting of the Tribunal.

Clause 320 amends section 117 by inserting new subsection (2) to provide that a notice or document sent to a person is treated as being received 5 working days after it was posted.

Clause 321 amends Schedule 3. Clause 2 is amended to increase the term for which a member of the Tribunal may be appointed from a term of up to 3 years to a term of up to 5 years, and the standard provision allowing a member whose term has expired to continue in office for some purposes, including to complete proceedings, is also added to clause 2.

Clause 9 is amended to update terminology and to allow the chair or any officer of the Tribunal to issue a witness summons. Clause 9 is also amended to replace the function of approving the form of summons by the chair with approval of the form by the chief executive after consultation with the chair. New clause 11 is inserted allowing the Tribunal to take evidence on oath or by other means.

Part 2Repeal, revocation, and amendment of enactments

Clause 322 repeals the Birdlings Flat Land Titles Act 1993. The tribunal established by this Act no longer operates and therefore is to be disestablished.

Clause 323 makes a minor amendment to the Residential Tenancies Rules 2010.

Clause 324 is the operational provision for the repeal, revocation, and amendment of enactments listed in Schedule 5.