Commonwealth of Australia Explanatory Memoranda

[Index] [Search] [Download] [Bill] [Help]

ELECTORAL AND OTHER LEGISLATION AMENDMENT BILL 2017

                              2016-2017




  THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                 HOUSE OF REPRESENTATIVES




ELECTORAL AND OTHER LEGISLATION AMENDMENT BILL 2017


      SUPPLEMENTARY EXPLANATORY MEMORANDUM




       Amendments to be Moved on Behalf of the Government




       (Circulated by authority of the Special Minister of State,
            the Senator the Honourable Mathias Cormann)
       ELECTORAL AND OTHER LEGISLATION AMENDMENT BILL 2017

This supplementary explanatory statement amends the initial explanatory statement for the
Electoral and Other Legislation Amendment Bill 2017 (the Bill), in accordance with
paragraph 15J(1)(c) of the Legislation Act 2003, to reflect the proposed Government
amendment.

GENERAL OUTLINE

1.     The proposed Government amendment removes Schedule 2 of the Bill, which
concerned the criminalisation of making false representations in relation to a Commonwealth
body under the Criminal Code.

Financial impact statement

2.     There is no financial impact from this amendment.

Statement of compatibility with human rights

3.     A Statement of Compatibility with Human Rights has been completed in relation to
the proposed Government amendment to the Bill and assesses that the amendment is
compatible with Australia's human rights obligations.

Notes on Clauses
4.     Item 1 adjusts the long title of the Bill to reflect Amendments 2 and 3, by removing
reference to criminal matters.

5.   Item 2 adjusts the commencement provision of the Bill to remove reference to the
commencement of Schedule 2 to the Bill at Clause 2, table item 3.

6.     Item 3 removes Schedule 2 to the Bill.




                                                                                              1
             STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

        Amendment to the Electoral and Other Legislation Amendment Bill 2017

The proposed Government amendment (the amendment) 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.

Overview of the amendment

7.     The amendment to the Electoral and Other Legislation Amendment Bill 2017 removes
provisions under Schedule 2 amending the Criminal Code to create a new offence of
impersonating a Commonwealth body.

Human rights implications

8.      This amendment does not engage any of the applicable rights or freedoms. The
amendment removes provisions that may have engaged rights as provided for in the
International Covenant on Civil and Political Rights (ICCPR).

Conclusion

9.       This amendment is compatible with human rights as it does not raise any human
rights issues.




                                                                                              2