Attorney-General and Other Legislation Amendment Regulation 2024

1Short title

This regulation may be cited as the Attorney-General and Other Legislation Amendment Regulation 2024.

2Commencement

Part 3 commences on 1 April 2024.

3Regulation amended

This part amends the Attorney-General Regulation 2021.

4Amendment of s 2 (Application for fiat—Act, s 9A)

Section 2(3)—
omit, insert—

(3)The application must be accompanied by the following documents—

(a)a copy of the originating process, or proposed originating process, for the proceeding;

(b)a certificate signed by counsel stating—

(i)that the applicant can not obtain complete relief if the fiat is not granted; and

(ii)that the originating process, or proposed originating process, is appropriate for the fiat; and

(iii)if the fiat is to start a proceeding—that it is appropriate to start the proceeding in the Attorney-General’s name; and

(iv)if the fiat is to continue a proceeding—

(A)the stage of the proceeding; and

(B)that it is appropriate to continue the proceeding in the Attorney-General’s name;

(c)an opinion from counsel as to the prospects of success of the proceeding, detailing the facts of the case and explaining the proceeding;

(d)a certificate signed by the applicant’s solicitor stating that the applicant is an appropriate person to act as relator in the proceeding;

(e)a document signed by the applicant or the applicant’s solicitor undertaking that—

(i)the proceeding is at the sole risk and cost of the applicant; and

(ii)the applicant will pay all of the Attorney-General’s costs of the proceeding, including any costs payable by the Attorney-General to a party; and

(iii)the applicant indemnifies the Attorney-General for the proceeding; and

(iv)the applicant will give the Attorney-General copies of all pleadings and other court documents for the proceeding; and

(v)the applicant will not do any of the following without the prior approval of the Attorney-General—

(A)amend the originating process for the proceeding;

(B)discontinue the proceeding or withdraw part of it;

(C)withdraw all or part of any answer to a counterclaim in the proceeding;

(D)settle all or part of the proceeding.

5Regulation amended

This part amends the Trust Accounts Regulation 1999.

6Replacement of pts 1A and 2

Parts 1A and 2—
omit, insert—

Part 2 Supervising entity

2Supervising entity for trustees—Act, s 4E

For section 4E(2) of the Act, the registrar of funeral benefit businesses under the Funeral Benefit Business Act 1982, section 6, is declared to be the supervising entity for a trustee.

Note—

See also the Funeral Benefit Business Act 1982, section 80.

7Amendment of s 10 (Disbursements)

(1)Section 10(2)—
omit.

(2)Section 10(5), ‘(3) or (4)’—
omit, insert—

(2) or (3)

(3)Section 10(3) to (5)—
renumber as section 10(2) to (4).

8Amendment of s 28 (Prescribed amount)

Section 28, from ‘insurance’—
omit, insert—

insurance in an amount not less than $250,000.

9Insertion of new pt 6, div 1A

Part 6, before division 1—
insert—

Division 1A Preliminary

28ADefinitions for part

In this part—

former, for a provision of the Act, means the provision as in force immediately before the commencement.

Note—

See also section 46(1) of the Act.

former trustee see section 44 of the Act.

10Amendment of s 29 (Prescribed security)

Section 29, before ‘section’—
insert—

former

11Amendment of s 30 (When payment may be made)

(1)Section 30(1)(a)—
omit, insert—

(a)a former trustee has given a security to the chief executive under former section 31(2) of the Act; and

(2)Section 30(1)(b) and (c), before ‘trustee’—
insert—

former

(3)Section 30(2) and (3), before ‘trustee’s’—
insert—

former

12Amendment of s 31 (Public notice of intention to make a payment)

(1)Section 31(2)(a)(i), before ‘trustee’s’—
insert—

former

(2)Section 31(2)(a)(ii) and (iii) and (b), before ‘trustee’—
insert—

former

(3)Section 31(3), from ‘given’—
omit, insert—

published on the department’s website.

13Amendment of s 32 (Application for payment)

(1)Section 32(1), ‘a trustee’—
omit, insert—

a former trustee

(2)Section 32(1)(a)(ii), ‘claimant’s’—
omit, insert—

former

14Amendment of s 33 (Payment to more than 1 person)

(1)Section 33(1)(a), before ‘trustee’s’—
insert—

former

(2)Section 33(2), before ‘trustee’—
insert—

former

15Replacement of pt 6, div 3

Part 6, division 3—
omit, insert—

Division 3 Application of Act, former s 31 to former trustees

34Application of Act, former s 31

For former section 31(7) of the Act—

(a)the prescribed trustees are former trustees; and

(b)former section 31 of the Act, to the extent it would, but for this paragraph, require the former trustees to lodge with the chief executive a statement or security from the commencement, does not apply to the former trustees.

Note—

See also section 46 of the Act.

Division 4 Expiry

35Expiry of part

This part expires on 1 April 2026.