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2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
Trade and Foreign Investment (Protecting the Public Interest) Bill 2014
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Whish-Wilson)
Trade and Foreign Investment (Protecting the Public Interest) Bill 2014
Background
The purpose of this Bill is to prevent the Commonwealth from entering into an agreement
with one or one more foreign countries that includes investor-state dispute settlement
provisions.
Notes on clauses
Section 2
Section 2 outlines the Bill commencement. The Bill will commence on the day after this Act
receives the Royal Assent.
Section 3
Section 3 sets out that the intention of the Bill is to prevent the Commonwealth from entering
into agreements with foreign countries that include investor-state dispute settlement clauses.
These clauses provide for corporations to sue foreign governments under specific
circumstances.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Trade and Foreign Investment (Protecting the Public Interest) Bill 2014
This Bill 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:
The purpose of this Bill is to prevent the Commonwealth from entering into an agreement
with one or one more foreign countries that includes investor-state dispute settlement
provisions.
Human Rights Implications:
This Bill does not engage any of the applicable rights or freedoms.
Conclusion:
This Bill is compatible with human rights as it does not raise any human rights issues.