Part 2


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Part 2

Legislative instruments registered with FRLI

5 January – 15 February 2013

Consideration of legislative instruments

2.1        The committee has considered 300 legislative instruments registered with the Federal Register of Legislative Instruments (FRLI) between 5 January and 15 February 2013. The full list of instruments scrutinised by the committee can be found in Appendix 1.

2.2        211 instruments do not appear to raise any human rights concerns and are accompanied by statements of compatibility that are adequate. 

2.3        83 instruments do not appear to raise any human rights concerns but are accompanied by statements of compatibility that do not fully meet the committee's expectations. As the instruments in question do not appear to raise human rights compatibility concerns, the committee has written to the relevant Ministers in a purely advisory capacity providing guidance on the preparation of statements of compatibility. The committee hopes that this approach will assist in the preparation of future statements of compatibility that conform more closely to the committee's expectations.

2.4        The committee is seeking further information from the relevant Minister on the following instruments before forming a view about their compatibility with human rights:

  • Marine Order 95 (Marine pollution prevention – garbage) 2013
  • National Vocational Education and Training Regulator (Charges) Determination 2012 (No. 1)
  • Native Title (Assistance from Attorney-General) Guideline 2012
  • Student Assistance (Education Institutions and Courses) Amendment Determination 2012 (No. 1)

2.5        The committee has deferred its consideration of the following instruments to allow closer consideration of their impact on human rights:

  • Social Security (Administration) – Queensland Commission (Family Responsibilities Commission) Specification 2012
  • Work Health and Safety Act 2011 (application to Defence activities and Defence members) Declaration 2012

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