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| Broadcasting Services Amendment (Online Services) Bill 1999 |
| Copyright Amendment (Computer Programs) Bill 1999 |
| Migration Legislation Amendment (Temporary Safe Haven Visas) Bill 1999 |
This bill was introduced into the Senate on 21 April 1999 by the Parliamentary Secretary to the Minister for Communications, Information Technology and the Arts. [Portfolio responsibility: Communications, Information Technology and the Arts]
The bill proposes to amend the Broadcasting Services Act 1992 to provide for the regulation of online services by:
makes a consequential amendment to the Crimes Act 1914.
Non-disallowable instruments
Clause 3 of Schedule 5
Item 10 of Schedule 1 to this bill proposes to add a new Schedule 5 to the Broadcasting Services Act 1992. This Schedule sets up a system for regulating certain aspects of the Internet industry.
Clause 3 of proposed Schedule 5 will permit the ABA to declare that “a specified access-control system is a restricted access system in relation to Internet content”. In making such a declaration, the ABA must have regard to the objective of protecting children from exposure to Internet content which is unsuitable for children, and such other matters (if any) as the ABA considers relevant.
Subclause 3(3) states that a copy of any such instrument must be laid before each House of the Parliament within 15 days after the date on which the instrument was made. No provision seems to have been made for the possible disallowance of such instruments. The Committee, therefore, seeks the Minister's advice as to whether instruments made under clause 3 of Schedule 5 of the Broadcasting Services Act 1992 are disallowable, and, if not, why they should be exempt from disallowance.
Pending the Minister's response, the Committee draws Senators' attention to the provision, as it may be considered to insufficiently subject the exercise of legislative power to parliamentary scrutiny, in breach of principle 1(a)(v) of the Committee's terms of reference.
This bill was introduced into the Senate on 21 April 1999 by the Parliamentary Secretary to the Minister for Communications, Information Technology and the Arts. [Portfolio responsibility: Attorney-General]
The bill proposes to amend the Copyright Act 1968 to add a new Division which deals with exceptions to the infringement of copyright in computer programs. As a result, copyright in a computer program is not infringed if a copy is made in the course of:
The Committee has no comment on this bill.
This bill was introduced into the Senate on 21 April 1999 by the Parliamentary Secretary to the Minister for Communications, Information Technology and the Arts. [Portfolio responsibility: Immigration and Multicultural Affairs]
Consistent with the Government's commitment to provide temporary safe haven for 4000 persons displaced from their homes in Kosovo, the bill proposes to provide a legislative framework for the Australian Government to provide temporary safe haven in Australia. The bill seeks to ensure that persons to whom temporary safe haven is provided are unable to change their status to remain in Australia after temporary safe haven is no longer necessary.
Rights and non-reviewable decisions
Schedule 1, items 3, 7, 10, 11, 12 and 13
A number of the provisions of this bill seem to come within the Committee's terms of reference. For example, item 3 of Schedule 1 proposes to insert a new section 37A in the Principal Act. This section creates a new visa category of temporary safe haven visas. Under proposed subsection 37A(2), the Minister may extend the period of a temporary safe haven visa. Under proposed subsection 37A(5), the Minister is not obliged to consider whether to exercise this power. Similarly, under proposed subsection 91L(6), the Minister is not obliged to consider whether to exercise his or her power to permit a holder of a temporary safe haven visa to apply for another type of visa.
By virtue of items 10, 11, 12 and 13 of Schedule 1, a number of the Minister's decisions concerning temporary safe haven visas are not reviewable by any Tribunal or court other than the High Court.
Finally, item 14 of Schedule 1 proposes to insert a new section 500A in the Principal Act. This deals with refusals or cancellations of temporary safe haven visas. By virtue of proposed subsection 500A(11), the Minister is not bound by the rules of natural justice should he or she either refuse to grant, or cancel, such a visa. The Second Reading Speech notes that, as temporary safe haven is to be provided to persons at short notice and in situations where extensive character-checking is not possible, “it is necessary to have effective powers to withdraw temporary safe haven which has been provided to any person who represents a danger to the Australian community, or Australia's security or whose presence in Australia would be harmful to Australia's international relations”.
Such provisions are usually of concern to the Committee. However, the Committee notes that they represent aspects of policy in relation to the type of visa provided for in this bill. Such policy matters are best left for resolution by the Senate as a whole.
The Committee draws Senators' attention to the provisions, as they may be considered to trespass unduly on personal rights and liberties, in breach of principle 1(a)(i) of the Committee's terms of reference, and make rights liberties or obligations unduly dependent on non-reviewable decisions, in breach of principle 1(a)(ii) of the Committee's terms of reference.
