Private Senators' and Members' Bills That May Raise Scrutiny Concerns [2023] AUSStaCSBSD 33 (8 March 2023)

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

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

1.63 The committee notes that the following private senators' and private 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
Criminal Code Amendment (Inciting Illegal Disruptive Activities) Bill 2023	Schedule 1, item 3, proposed subsection 474.51(1)	The provision may raise scrutiny concerns under principle (i) in relation to significant penalties which have not been adequately justified within the explanatory memorandum.
	Schedule 1, item 3, proposed subsections 474.49(4), 474.50(4), and 474.51(4)	The provisions may raise scrutiny concerns under principle (i) in relation to the reversal of the evidential burden of proof.
Migration Amendment (Strengthening the Character Test) Bill 2023[42]	Schedule 1, items 5 and 6	The provisions may raise scrutiny concerns under principle (i) in relation to trespass on personal rights and liberties, and principle (ii) in relation to the inclusion of broad discretionary powers.
Northern Territory Safe Measures Bill 2023	Proposed subsections 170E(2), 170E(4), 170E(5), 170E(7), 170F(2), 170F(4), 170F(5), 170F(9) and proposed subsection 170J(2)	The provisions may raise scrutiny concerns under principle (i) in relation to the reversal of the legal burden of proof.
	Proposed subsections 170E(1), 170F(1), and 170F(7)	The provisions may raise scrutiny concerns under principle (i) in relation to significant penalties.

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[42] This bill appears to be identical to the Migration Amendment (Strengthening the Character Test) Bill 2021, introduced in the House of Representatives on 24 November 2021. See the committee's scrutiny concerns in Senate Scrutiny of Bills Committee, Scrutiny Digest 18 of 2021 (1 December 2021) pp. 21–24 and the committee's comments on a similar bill in Senate Scrutiny of Bills Committee, Scrutiny Digest 13 of 2018 (14 November 2018) pp. 8–12.