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Australian Senate Standing Committee for the Scrutiny of Bills - Scrutiny Digests

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Export Control Bill 2019 [2020] AUSStaCSBSD 6 (5 February 2020)


Export Control Bill 2019

Purpose
This bill seeks to implement a new legislative framework for agricultural exports from Australian Territory
Portfolio
Agriculture
Introduced
House of Representatives on 4 December 2019

1.49 The committee commented on a similar bill in the previous Parliament in Scrutiny Digest 3 of 2018.

1.50 The committee draws senators' attention to its comments in relation to the earlier version of this bill.[31]

1.51 In addition, the committee notes that clauses 273, 281 and 413 have been amended in this version of the bill to include a requirement that the secretary must not appoint a person as an auditor, assessor or analyst unless he or she is satisfied the person satisfies the relevant training and qualification requirements. The committee welcomes these changes, although notes that the determinations specifying the requisite training and qualifications for auditors, assessors and analysts are declared not to be legislative instruments, and would therefore not be subject to parliamentary disallowance.

1.52 The committee reiterates its earlier view that, from a scrutiny perspective, it would be appropriate for the bill to be amended to remove provisions which declare that determinations specifying training and qualification requirements are not legislative instruments.[32]


[31] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 3 of 2018, pp. 122–189.

[32] Subclauses 273(5), 281(5), 291(10), 324(3) and 413(4). For further information in relation to this issue see pp. 144–145 of Scrutiny Digest 3 of 2018.


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