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Foreign Acquisitions and Takeovers Amendment (Cubbie Station) Bill 2012

Introduced into the House of Representatives on 26 November 2012
By: Mr Katter

1.1        The committee considers that this bill does not appear to give rise to significant human rights concerns but notes that the statement of compatibility should have considered the rights to equal protection and non-discrimination.

1.2        This bill amends the Foreign Acquisitions and Takeovers Act 1975 to direct that the Treasurer make an order prohibiting the sale or issue of any shares in Cubbie Station, located near Dirranbandi, if the acquisition or issue would mean that the company would be controlled by foreign persons.

Compatibility with human rights

1.3        This bill is accompanied by a statement of compatibility, which reproduces the template provided by the Attorney-General’s Department without making specific reference to this bill. The statement concludes:

This bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. 

1.4        The statement contains no reference to specific rights that might be affected by the bill.

1.5        Section 5 of the Foreign Takeovers Act 1975 defines ‘foreign person’ as meaning--

(a) a natural person not ordinarily resident in Australia;

(b) a corporation in which a natural person not ordinarily resident in Australia or a foreign corporation holds a controlling interest; or

(c) a corporation in which 2 or more persons, each of whom is either a natural person not ordinarily resident in Australia or a foreign corporation, hold an aggregate controlling interest.

1.6        Insofar as the bill proposes to direct the Tr easurer to take action that would distinguish between persons ordinarily resident in Australia and persons not so resident, it would appear to engage the right to equal protection of the law in article 26 of the International Covenant on Civil and Political Rights. The bill may also engage rights under the non-discrimination provisions of the International Covenant on Economic, Social and Cultural Rights and rights under the International Convention on the Elimination of All Forms of Racial Discrimination, insofar as it may have a disproportionate impact on persons on the basis of national origin.

1.7                 The committee considers that this bill does not appear to give rise to any significant human rights concerns.

1.8                 The committee intends to write to Mr Katter to draw to his attention the relevance of the rights to equal protection and non-discrimination and note that reference to these aspects of the operation of the bill should have been included in the statement of compatibility.

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