Private Senators' and Members' Bills That May Raise Scrutiny Concerns [2023] AUSStaCSBSD 80 (10 May 2023)

• Private senators' and members' bills that may raise scrutiny concerns106

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Private senators' and members' bills
that may raise scrutiny concerns^[106]

1.171 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
Digital Assets (Market Regulation) Bill 2023		The bill may raise scrutiny concerns under principle (iv) in relation to significant matters in delegated legislation. The bill proposes to establish a new regulatory framework for digital assets, but leaves substantial elements of the scope and operation of the scheme to delegated legislation. The committee has longstanding concerns with such 'framework bills' because such bills generally have significant implications for parliamentary scrutiny.
	Subclauses 9(3), 14(3), 18(3), and 33(2)	The provisions may raise scrutiny concerns under principle (i) in relation to significant penalties which have not been adequately justified within the explanatory memorandum.
	Subclause 46(1)	The provision may raise scrutiny concerns under principle (ii) in relation to the broad delegation of administrative powers or functions.
Interactive Gambling Amendment (Credit Card Ban and Acknowledgement of Losses) Bill 2023	Schedule 1, item 4, proposed paragraph 15K(5)(b); and Schedule 2, item 2, proposed subsection 61RD(5)	The provisions may raise scrutiny concerns under principle (i) in relation to the reversal of the evidential burden of proof.

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[106] This entry can be cited as: Senate Standing Committee for the Scrutiny of Bills, Private senators' and members' bills that may raise scrutiny concerns, Scrutiny Digest 5 of 2023; [2023] AUSStaCSBSD 80.