Private Senators' and Members' Bills That May Raise Scrutiny Concerns [2023] AUSStaCSBSD 94 (14 June 2023)

• Private senators' and members' bills that may raise scrutiny concerns86

---

Private senators' and members' bills
that may raise scrutiny concerns^[86]

1.97 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
Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023 (No. 2)	Schedule 1, item 1, proposed subsection 81.1(1)	The provisions 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 1, proposed subsection 81.1(3)	The provision may raise scrutiny concerns under principle (i) in relation to the reversal of the evidential burden of proof.
Defence Capability Assurance and Oversight Bill 2023	Clause 58	The provision may raise scrutiny concerns under principle (i) in relation to procedural fairness.
	Clause 62	The provision may raise scrutiny concerns under principle (v) in relation to documents not required to be tabled in the Parliament.
	Subclauses 85(1), 86(1), 86(4), 86(6), 88(1) and clause 87	The provisions may raise scrutiny concerns under principle (i) in relation to significant penalties which have not been justified within the explanatory memorandum.
	Clause 105	The provision may raise scrutiny concerns under principle (i) in relation to immunity from civil penalty.

---

[86] 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 6 of 2023; [2023] AUSStaCSBSD 94.