Bills and Instruments With No Committee Comment [2021] AUPJCHR 134 (10 November 2021)

• Bills and instruments with no committee comment1
• Private members' and senators' bills that may limit human rights

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Bills and instruments with no committee comment^[1]

1.75 The committee has no comment in relation to the following bills which were introduced into the Parliament between 18 and 28 October 2021. This is on the basis that the bills do not engage, or only marginally engage, human rights; promote human rights; and/or permissibly limit human rights:^[2]

• Aged Care Amendment (Making Aged Care Fees Fairer) Bill 2021;

• Climate Change (National Framework for Adaptation and Mitigation) Bill 2021;

• Climate Change (National Framework for Adaptation and Mitigation) (Consequential and Transitional Provisions) Bill 2021;

• Coal Prohibition (Quit Coal) Bill 2021;

• Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021;

• Corporations Amendment (Meetings and Documents) Bill 2021;

• Electoral Legislation Amendment (Assurance of Senate Counting) Bill 2021;

• Electoral Legislation Amendment (Contingency Measures) Bill 2021;

• Financial Accountability Regime Bill 2021;

• Financial Sector Reform (Hayne Royal Commission Response No. 3) Bill 2021;

• Financial Services Compensation Scheme of Last Resort Levy Bill 2021;

• Financial Services Compensation Scheme of Last Resort Levy (Collection)

Bill 2021;

• Health Legislation Amendment (Medicare Compliance and Other Measures) Bill 2021;

• Migration Amendment (Temporary Visa Extensions and Reinstatements)

Bill 2021;

• National Health Amendment (Enhancing the Pharmaceutical Benefits Scheme) Bill 2021;

• National Redress Scheme For Institutional Child Sexual Abuse Amendment (Funders Of Last Resort And Other Measures) Bill 2021;

• Offshore Electricity Infrastructure (Consequential Amendments) Bill 2021;

• Offshore Petroleum And Greenhouse Gas Storage Amendment (Stopping PEP11) Bill 2021;

• Offshore Petroleum (Laminaria And Corallina Decommissioning Cost Recovery Levy) Bill 2021;

• Protecting Pensioners from the Cashless Debit Card Bill 2021;

• Privacy (Covid Check-in Data) Bill 2021;

• Spam Amendment (Unsolicited Political Communications) Bill 2021;

• Statute Law Amendment (Prescribed Forms) Bill 2021;

• Superannuation Guarantee (Administration) Amendment Bill 2021;

• Telstra Corporation and Other Legislation Amendment Bill 2021;

• Treasury Laws Amendment (Enhancing Superannuation Outcomes For Australians And Helping Australian Businesses Invest) Bill 2021;

• Treasury Laws Amendment (Laminaria and Corallina Decommissioning Cost Recovery Levy) Bill 2021;

• Unsolicited Political Communications Legislation Amendment Bill 2021; and

• Veterans’ Affairs Legislation Amendment (Exempting Disability Payments From Income Testing and Other Measures) Bill 2021.

1.76 The committee has examined the legislative instruments registered on the Federal Register of Legislation between 5 and 27 October 2021.^[3] The committee has reported on two legislative instruments from this period earlier in this chapter. The committee has determined not to comment on the remaining instruments from this period on the basis that the instruments do not engage, or only marginally engage, human rights; promote human rights; and/or permissibly limit human rights.

1.77 The committee notes that this registration period includes the Autonomous Sanctions (Designated and Declared Persons—Myanmar) Amendment (Continuation of Effect) Instrument 2021 [F2021L01407]. The committee has considered the human rights compatibility of similar instruments on a number of occasions.^[4] As this legislative instrument does not appear to designate or declare any individuals who are likely to be currently within Australia's jurisdiction, the committee makes no comment in relation to this specific instrument at this time.

Private members' and senators' bills that may limit human rights

1.78 The committee notes that the following private members' and senators' bills appear to engage and may limit human rights. Should these bills proceed to further stages of debate, the committee may request further information from the legislation proponent as to the human rights compatibility of the bill:

• Australian Federal Integrity Commission Bill 2021 (member's bill);

• Australian Federal Integrity Commission Bill 2021 (senator's bill);

• Commonwealth Electoral Amendment (Disclosure of Political Donations)

Bill 2021;

• COVID-19 Vaccination Status (Prevention of Discrimination) Bill 2021;

• Commonwealth Electoral Amendment (Stop the Lies) Bill 2021; and

• Social Media (Basic Expectations and Defamation) Bill 2021.

Dr Anne Webster MP

Chair

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[1] This section can be cited as Parliamentary Joint Committee on Human Rights, Bills and instruments with no committee comment, Report 13 of 2021; [2021] AUPJCHR 134.

[2] Inclusion in the list is based on an assessment of the bill and relevant information provided in the statement of compatibility accompanying the bill. The committee may have determined not to comment on a bill notwithstanding that the statement of compatibility accompanying the bill may be inadequate.

[3] The committee examines all legislative instruments registered in the relevant period, as listed on the Federal Register of Legislation. To identify all of the legislative instruments scrutinised by the committee during this period, select 'legislative instruments' as the relevant type of legislation, select the event as 'assent/making', and input the relevant registration date range in the Federal Register of Legislation’s advanced search function, available at: https://www.legislation.gov.au/AdvancedSearch.

[4] See, most recently, Parliamentary Joint Committee on Human Rights, Report 8 of 2021 (23 June 2021) pp. 27-35; Report 10 of 2021 (25 August 2021) pp. 117-128; Report 2 of 2019 (2 April 2019) pp. 112-122; Report 6 of 2018 (26 June 2018) pp. 104-131. See also Report 4 of 2018 (8 May 2018) pp. 64-83; Report 3 of 2018 (26 March 2018) pp. 82-96; Report 9 of 2016 (22 November 2016) pp. 41-55; Thirty-third Report of the 44th Parliament (2 February 2016) pp. 17-25; Twenty-eighth Report of the 44th Parliament (17 September 2015) pp. 15-38; Tenth Report of 2013 (26 June 2013) pp. 13-19; Sixth Report of 2013 (15 May 2013) pp. 135-137.