Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013

Portfolio: Industry
Introduced: House of Representatives, 14 November 2013

Summary of committee concerns

1.1        The committee seeks clarification whether the bill is compatible with the right to privacy.

Overview

1.2        This bill proposes to amend the Customs Act 1901 to separate the Anti-Dumping Commission, comprising the Commissioner for the Anti-Dumping Commission (the Commissioner) and Commission staff members, from the Australian Customs and Border Protection Service. The objective of the bill is to 'transition the Anti-Dumping Commission from the Australian Customs and Border Protection Service to the Department of Industry'.^[33]

Compatibility with human rights

Statement of compatibility

1.3        The bill is accompanied by a statement of compatibility that states that the bill does not engage any human rights.

Committee view on compatibility

Right to privacy

1.4        The committee notes, that the bill will enable the Commissioner or Commission staff members to disclose personal information to the CEO or a Customs officer.[34] This power engages and limits the right to privacy.[35]

1.5        As noted in its Practice Note 1, the committee expects that statements of compatibility should explain whether limitations on rights pursue a legitimate objective, are a reasonable and proportionate measure towards achieving that objective, and if there are adequate safeguards against any abuse of such powers.

1.6                  The committee intends to write to the Minister for Industry to seek clarification whether the power to disclose personal information provided for in the bill is consistent with the right to privacy in article 17 of the ICCPR.

Navigation: Previous Page | Contents | Next Page