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2008-2009-2010
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
House of Representatives
HUMAN RIGHTS (Parliamentary scrutiny)
(Consequential provisions) BILL 2010
EXPLANATORY MEMORANDUM
(Circulated by authority of the Attorney-General,
the Honourable Robert McClelland MP)
HUMAN RIGHTS (Parliamentary scrutiny) (Consequential provisions) BILL 2010
Outline
The Bill contains consequential amendments that arise as a consequence
of the Human Rights (Parliamentary Scrutiny) Bill 2010 and other
matters. The two Bills implement the legislative elements of
Australia's Human Rights Framework announced by the Government in April
2010. The Human Rights Framework outlines a range of measures to
further protect and promote human rights in Australia.
The key amendments in Schedule 1 are as follows:
. amend the Administrative Appeals Tribunal Act 1975 to include the
President of the Australian Human Rights Commission, as established by
subsection 8(1) of the Australian Human Rights Commission Act 1986, as
an ex officio member of the Administrative Review Council
. amend the AAT Act to increase the quorum of the ARC from four to five
members, and
. amend the Legislative Instruments Act 2003 to require an explanatory
statement in respect of a disallowable legislative instrument to
contain a statement of compatibility prepared under subsection 9(1) of
the Human Rights (Parliamentary Scrutiny) Act 2010.
Financial Impact Statement
The amendments in this Bill have no financial impact on Government
revenue.
Part 1 - Preliminary
Clause 1: Short title
Clause 1 provides that when the Bill is enacted, it is to be cited as
the Human Rights (Parliamentary Scrutiny) (Consequential Provisions)
Act 2010.
Clause 2: Commencement
Schedule 1, item 4 will commence at the same time as Part 3 of the
Human Rights (Parliamentary Scrutiny) Act 2010 commences, which is the
later of 1 January 2011 and the 28th day after that Act receives the
Royal Assent.
The remaining provisions in the Bill will commence on the day it
receives the Royal Assent.
Clause 3: Schedule(s)
Clause 3 is a machinery provision. Subclause 3(1) provides that each
Act specified in a Schedule to the Bill is amended or repealed as set
out in the applicable items in the Schedule and any other item in the
Schedule has effect according to its terms.
Schedule 1-Amendments
Administrative Appeals Tribunal Act 1975
Item 1: After paragraph 49(1)(b) (Composition of the Council)
This clause inserts in subsection 49(1), which deals with the
composition of the Administrative Review Council, a new paragraph (ba)
after (b) to include as a member of the Council the President of the
Australian Human Rights Commission established by the Australian Human
Rights Commission Act 1986.
Item 2: Subsection 49(3)
This clause inserts in subsection 49(3) a new paragraph (ba) after (b)
consequential upon the amendment made by Item 1.
Item 3: Subsection 56(4)
Item 3 omits in subsection 56(4) 'four members' and inserts 'five
members'. With the inclusion of the President of the Australian Human
Rights Commission, and the Australian Information Commissioner (to be
inserted by the Freedom of Information Amendment (Reform) Bill 2010),
as ex officio members of the Administrative Review Council, there will
be five ex officio members of the Council. This will bring the total
minimum membership of the Council from six to eight. Consistent with
the principle that the number constituting a quorum should reflect a
majority of members, this item increases the quorum of the Council from
four to five.
Legislative Instruments Act 2003
Item 4: After paragraph (e) of the definition of explanatory statement
Item 4 inserts in the definition of 'explanatory statement'
(subparagraph 4(1)) a provision that if section 42 of the Legislative
Instruments Act (disallowance) applies, an explanatory statement
contains a statement of compatibility prepared under section 9(1) of
Human Rights (Parliamentary Scrutiny) Act.
This amendment is to operate in conjunction with the provisions in Part
3 of the Human Rights (Parliamentary Scrutiny) Bill 2010 which define
statements of compatibility and require a rule-maker to cause a
statement of compatibility to be prepared in respect of disallowable
legislative instruments.
The Legislative Instruments Act sets out the process for tabling in
Parliament of legislative instruments and accompanying explanatory
statements. Requiring statements of compatibility to be part of the
explanatory statement for disallowable legislative instruments will
have the effect of applying these tabling requirements to statements of
compatibility. As a result there will be complementary requirements
for statements of compatibility for bills and disallowable legislative
instruments: under the Legislative Instruments Act a statement of
compatibility will be required to be tabled in Parliament at the time
of tabling a disallowable legislative instrument, and under the Human
Rights (Parliamentary Scrutiny) Act, a statement of compatibility for a
bill will be required to be presented to Parliament at the time of
introducing a bill.