Great Australian Bight Environment Protection Bill 2019 [2019] AUSStaCSBSD 64 (31 July 2019)

• Great Australian Bight Environment Protection Bill 2019
• Broad delegation of administrative powers 67

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Great Australian Bight Environment Protection
Bill 2019

Purpose	This bill seeks to protect the Great Australian Bight from environmental damage resulting from mining activities and to commence the process of World Heritage Listing the Great Australian Bight
Sponsor	Senator Sarah Hanson-Young
Introduced	Senate on 25 July 2019

Broad delegation of administrative powers ^[67]

1.70 The bill seeks to create a number of new criminal and civil offences for carrying out mining operations in the Great Australian Bight. Clauses 11 and 12 seek to trigger the monitoring and investigation powers under the Regulatory Powers (Standard Provisions) Act 2014 in relation to the provisions of the bill and offences against the Crimes Act 1914 or the Criminal Code that relate to the bill. These monitoring and investigation powers include coercive powers, such as powers of entry and inspection.^[68]

1.71 Subclauses 11(4) and 12(3) seek to allow authorised persons to be assisted by 'other persons' when exercising powers or performing functions or duties in relation to monitoring and investigation. The explanatory memorandum does not appear to explain the categories of 'other persons' who may be granted such powers and the bill does not confine who may exercise the powers by reference to any particular expertise or training. The committee has consistently raised scrutiny concerns about provisions which authorise persons to use coercive powers where there is no requirement that the person has the appropriate training or expertise.

1.72 The committee draws its scrutiny concerns to the attention of senators and leaves to the Senate as a whole the appropriateness of allowing 'other persons' to assist authorised officers in exercising potentially coercive or investigatory powers, in circumstances where there is no legislative guidance about the appropriate skills and training required of those 'other persons'.

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[67] Clauses 11 and 12. The committee draws senators’ attention to this provision pursuant to Senate Standing Order 24(1)(a)(ii).

[68] Part 2 of the Regulatory Powers (Standard Provisions) Act 2014 deals with monitoring powers and Part 3 of the Regulatory Powers (Standard Provisions) Act 2014 deals with investigation powers.