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

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Private Senators' and Members' Bills That May Raise Scrutiny Concerns [2022] AUSStaCSBSD 85 (26 October 2022)


Private senators' and members' bills
that may raise scrutiny concerns

1.199 The committee notes that the following private senators' and members' bills may raise scrutiny concerns under Senate Standing Order 24. Should these bills proceed to further stages of debate, the committee may request further information from the bill proponent.

Bill
Relevant provisions
Potential scrutiny concerns
Schedule 1, item 1, proposed section 476.3
The provision may raise scrutiny concerns under principle (i) in relation to the reversal of the evidential burden of proof.
Schedule 3, items 1, 7, 11 and 12, proposed sections 3C, 3FA, 228A and 338
The provisions may raise scrutiny concerns under principle (iv) in relation to the inclusion of significant matters in delegated legislation.
Clause 55
The provision may raise scrutiny concerns under:
• principle (ii) in relation to broad discretionary powers; and
• principle (v) in relation to instruments not subject to an appropriate level of parliamentary oversight.

Clause 62
The provision may raise scrutiny concerns under principle (v) in relation to tabling of documents in Parliament.




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