New and Continuing Matters [2022] AUPJCHR 8 (25 March 2022)

• New and continuing matters
• Advice only comments

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New and continuing matters

1.1 In this chapter the committee has examined the following bills and legislative instruments for compatibility with human rights:

• bills introduced into the Parliament between 8 and 17 February 2022;

• legislative instruments registered on the Federal Register of Legislation between 20 December 2021 and 15 March 2022.^[1]

1.2 Bills and legislative instruments from this period that the committee has determined not to comment on are set out at the end of the chapter.

1.3 The committee comments on the following bills and legislative instruments, and in some instances, seeks a response or further information from the relevant minister.

Advice only comments

1.4 The following bills and legislative instruments raise human rights concerns that are substantively similar or related to measures the committee has previously reported on, and the committee reiterates the views as set out in those reports in relation to these bills and instruments:

Bills

• Crimes Legislation Amendment (Ransomware Action Plan) Bill 2022:

see the previous comments in Report 10 of 2021;^[2]

• Education Legislation Amendment (2022 Measures No. 1) Bill 2022, Schedule 1, Part 1:

see the previous comments in Report 10 of 2020;^[3] and

• Electoral Legislation Amendment (Voter Identification) Bill 2022:

see the previous comments in Report 14 of 2021.^[4]

Legislative instruments

• Autonomous Sanctions Amendment (Magnitsky-style and Other Thematic Sanctions) Regulations 2021 [F2021L01855]; Legislation (Deferral of Sunsetting Autonomous Sanctions Instruments) Certificate 2022 [F2022L00101];^[5] Autonomous Sanctions Amendment (Russia) Regulations 2022 [F2022L00180]; and Autonomous Sanctions Amendment (Myanmar) Regulations 2022 [F2022L00246]:

see the previous comments in Report 15 of 2021;^[6]

• Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Regulations 2021 [F2021L01842]:

see the previous comments in Report 13 of 2020;^[7] and

• Crimes (Major Airports—Cairns Airport) Determination 2022 [F2022L00196]:

see the previous comments in Report 4 of 2019;^[8]

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^[1] 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.

^[2] Parliamentary Joint Committee on Human Rights, Report 10 of 2021 (25 August 2021)

pp. 91–102.

^[3] Parliamentary Joint Committee on Human Rights, Report 10 of 2020 (26 August 2020)

pp. 11–19.

^[4] Parliamentary Joint Committee on Human Rights, Report 14 of 2021 (24 November 2021) pp. 19–33.

^[5] This legislative instrument extends the operation of another legislative instruments that raises human rights concerns (and as such, the instrument extending its operation raises similar human rights concerns).

^[6] Parliamentary Joint Committee on Human Rights, Report 15 of 2021 (8 December 2021)

pp. 2–11.

^[7] Parliamentary Joint Committee on Human Rights, Report 13 of 2020 (13 November 2020) pp. 19–62.

^[8] Parliamentary Joint Committee on Human Rights, Report 4 of 2019 (10 September 2019) pp. 18–20.