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Executive Summary
This
report provides the Parliamentary Joint Committee on Human Rights' view on the
compatibility with human rights as defined in the Human Rights
(Parliamentary Scrutiny) Act 2011 of bills introduced into the Parliament
during the period 3 to 6 March 2014 and legislative instruments received during
the period 22 to 28 February 2014. The committee has also considered responses
to the committee's comments made in previous reports.
Bills
introduced 3 to 6 March 2014
The
committee considered seventeen bills, all of which were introduced with a
statement of compatibility; however one of these did not meet the committee's
expectations for statements to read as stand-alone documents.[1]
Of these seventeen bills, nine do not require further scrutiny as they do not
appear to give rise to human rights concerns. The committee has decided to
further defer its consideration of one bill to enable closer consideration of
the human rights issues.[2]
The
committee has identified eight bills that it considers require further
examination and for which it will seek further information.
Of
the bills considered, those which are scheduled for debate during the sitting
week commencing 17 March 2014 include:
- Farm Household
Support Bill 2014;
- Farm Household
Support (Consequential Amendments) Bill 2014;
- Quarantine
Charges (Collection) Bill 2014 and three related bills;
- Export Market
Development Grants Bill 2014; and
- Civil Aviation
Amendment (CASA Board) Bill 2014.
The
Qantas Sale Amendment Bill 2014 is currently before the Senate, having been
introduced in and passed by the House of Representatives on 6 March 2014.
Legislative
instruments received between 22 and 28 February 2014
The
committee considered 49 legislative instruments received between 22 and 28
February 2014. The full list of instruments scrutinised by the committee can be
found in Appendix 1 to this report.
Of
these 49 instruments, none appear to raise any human rights concerns and all are
accompanied by statements of compatibility that are adequate. However, the
committee notes that a number of exempt instruments were not accompanied by a
statement of compatibility. While such instruments are not required to be
accompanied by a statement of compatibility under the Human Rights
(Parliamentary Scrutiny) Act 2011, the committee is required to assess all
legislative instruments for compatibility with human rights and regards the
preparation of a statement of compatibility for exempt instruments, particularly
where they involve limitations on human rights, as a best-practice approach.
Responses
The
committee has considered 12 responses relating to matters raised in relation to
bills and legislative instruments in previous reports. Of these, the responses
relating to one bill and one instrument appear to have adequately addressed the
committee's concerns.[3]
The
committee retains concerns and/or has sought further information or the
inclusion of safeguards in relation to three bills and seven instruments. The
committee will write again to the relevant Ministers in relation to these
matters where further information is required.
Senator Dean Smith
Chair
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