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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Human Rights (Parliamentary Scrutiny)
Amendment (Australian Freedoms) Bill
2019
No. , 2019
(Senator Bernardi)
A Bill for an Act to amend the Human Rights
(Parliamentary Scrutiny) Act 2011, and for related
purposes
No. , 2019
Human Rights (Parliamentary Scrutiny) Amendment (Australian
Freedoms) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Human Rights (Parliamentary Scrutiny) Act 2011
3
No. , 2019
Human Rights (Parliamentary Scrutiny) Amendment (Australian
Freedoms) Bill 2019
1
A Bill for an Act to amend the Human Rights
1
(Parliamentary Scrutiny) Act 2011, and for related
2
purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act is the Human Rights (Parliamentary Scrutiny)
6
Amendment (Australian Freedoms) Act 2019.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Human Rights (Parliamentary Scrutiny) Amendment (Australian
Freedoms) Bill 2019
No. , 2019
1
Commencement information
Column 1
Column 3
Provisions
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
Amendments Schedule 1
No. , 2019
Human Rights (Parliamentary Scrutiny) Amendment (Australian
Freedoms) Bill 2019
3
Schedule 1--Amendments
1
2
Human Rights (Parliamentary Scrutiny) Act 2011
3
1 Subsection 3(1)
4
Insert:
5
Australian freedoms mean the constitutional and common law
6
protection of property rights and the following personal rights and
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liberties which exist under the International Covenant on Civil and
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Political Rights:
9
(a) freedom of opinion;
10
(b) freedom of speech;
11
(c) the right to life;
12
(d) the right to protection of the family;
13
(e) freedom of thought, conscience and religion;
14
(f) the prohibition against torture;
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(g) the prohibition against retrospective criminal laws.
16
2 Section 7
17
After "human rights" (wherever occurring), insert "and Australian
18
freedoms".
19
3 Subsection 8(3)
20
Omit the subsection, substitute:
21
(3) A statement of compatibility must:
22
(a) include an assessment of whether the Bill is compatible with
23
human rights and Australian freedoms; and
24
(b) specifically address how the Bill protects Australian
25
freedoms; and
26
(c) explain how the bill ensures the protection of Australian
27
freedoms is given priority over other human rights.
28
4 Subsection 9(2)
29
Omit the subsection, substitute:
30
Schedule 1 Amendments
4
Human Rights (Parliamentary Scrutiny) Amendment (Australian
Freedoms) Bill 2019
No. , 2019
(2) A statement of compatibility must:
1
(a) include an assessment of whether the legislative instrument is
2
compatible with human rights and Australian freedoms; and
3
(b) specifically address how the legislative instrument protects
4
Australian freedoms; and
5
(c) explain how the legislative instrument ensures the protection
6
of Australian freedoms is given priority over other human
7
rights.
8