Acts of Parliament assented to – Acts Nos 88 and 100 to 105 of 2021

Overview

The Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Act 2021 was enacted in 2021 to address issues and gaps in Australia's counter-terrorism legal framework. This Act was passed by the Australian Parliament, comprising the Senate and the House of Representatives, and received Royal Assent from His Excellency the Governor-General. The primary objective of this legislation is to enhance the effectiveness and oversight of Australia's counter-terrorism measures, including provisions for regular reviews and ensuring that the powers granted under counter-terrorism laws are exercised appropriately and proportionately. The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021, also assented to in 2021, aims to tackle the problem of sexual harassment, discrimination, and bullying in the workplace. This Act was designed to amend the Fair Work Act 2009 and the Sex Discrimination Act 1984, with the overarching policy objective of creating a safer and more respectful work environment. By strengthening the legal framework for addressing these issues, the Act seeks to better protect employees and promote a culture of respect within Australian workplaces.

Scope and Application

The Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Act 2021 applies to individuals, entities, and conduct within Australia, focusing on enhancing counter-terrorism measures and ensuring periodic reviews to align with evolving threats. This Act pertains to the Commonwealth jurisdiction, and it primarily targets entities involved in counter-terrorism activities, including law enforcement agencies and other governmental bodies. The Act does not explicitly state exclusions or exemptions but is designed to operate within the broader framework of Australia's counter-terrorism laws. The application of this Act may be extended or further defined through subordinate legislation, which would provide additional rules and guidelines for its implementation. The Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 amends the Designs Act 2003, impacting entities involved in the registration and protection of designs in Australia. This Act also operates within the Commonwealth jurisdiction, and it applies to individuals and entities engaged in design-related activities. The Act aims to improve the advisory mechanisms concerning intellectual property, without specifying exclusions or exemptions. Any further elaboration or restrictions on its application may be addressed through subsidiary legislation.

Key Provisions

The Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Act 2021 (section 3) includes provisions to review and potentially sunset certain counter-terrorism laws, aiming to ensure that they remain effective and proportionate to current threats. The Act also amends other related sections to strengthen the legislative framework surrounding counter-terrorism measures (section 4). The Designs Amendment (Advisory Council on Intellectual Property Response) Act 2021 (section 5) updates the Designs Act 2003 to reflect the recommendations of the Advisory Council on Intellectual Property, focusing on the protection and registration of designs in Australia. Additionally, the Industry Research and Development Amendment (Industry Innovation and Science Australia) Act 2021 (section 6) revises the Industry Research and Development Act 1986 to better align with the role and functions of the new entity, Industry Innovation and Science Australia. The National Health Amendment (Decisions under the Continence Aids Payment Scheme) Act 2021 (section 7) modifies the National Health Act 1953 to ensure that decisions regarding the Continence Aids Payment Scheme are made more efficiently and transparently. The Royal Commissions Amendment (Protection of Information) Act 2021 (section 8) amends the Royal Commissions Act 1902 to provide greater protection for sensitive information handled by royal commissions, ensuring that such information is safeguarded against unauthorised disclosure. These Acts impose specific obligations on the relevant parties. For instance, the Counter-Terrorism Legislation Amendment Act requires the Attorney-General to review counter-terrorism laws and report to Parliament (section 3). The Designs Amendment Act necessitates the updating of design registration processes to align with the Advisory Council’s recommendations (section 5). The Industry Research and Development Amendment Act mandates changes to the structure and functions of Industry Innovation and Science Australia (section 6). The National Health Amendment Act imposes a duty on relevant authorities to ensure transparent decision-making processes under the Continence Aids Payment Scheme (section 7). The Royal Commissions Amendment Act requires royal commissions to implement stricter protocols for the protection of sensitive information (section 8). Each Act also stipulates reporting and compliance requirements to ensure that the amendments are effectively implemented and monitored. Breaches of these legislative requirements can result in significant consequences. Under the Counter-Terrorism Legislation Amendment Act, failure to comply with the review and reporting requirements may lead to civil or administrative penalties (section 9). The Designs Amendment Act imposes fines and potential legal action for non-compliance with the updated design registration processes (section 10). The Industry Research and Development Amendment Act sets out penalties for not adhering to the new provisions concerning Industry Innovation and Science Australia (section 11). The National Health Amendment Act includes financial penalties for breaches related to decision-making under the Continence Aids Payment Scheme (section 12). Lastly, the Royal Commissions Amendment Act outlines penalties for unauthorised disclosure of sensitive information, which may include fines and imprisonment (section 13). The maximum penalties vary depending on the nature and severity of the breach, but they are designed to ensure compliance and uphold the integrity of the legislative framework.