Amendment to the list of migratory species under section 209 of the Environment Protection and Biodiversity Conservation Act 1999 (26/11/2013) [F2013L02109]-Concluded matters [2014] AUSStaCSDLM 88 (14 May 2014)

• Crimes Amendment (X-ray) Regulation 2013 [Select Legislative Instrument No. 199, 2013] [F2013L01448]

Crimes Amendment (X-ray) Regulation 2013 [Select Legislative Instrument No. 199, 2013] [F2013L01448]

Purpose	Amends the principal regulations to remove the reference to wrist X-rays to accord with current practice in procedures for determining whether people smuggling crew are minors
Last day to disallow	4 March 2014
Authorising legislation	Crimes Act 1914
Department	Attorney-General's

Issue:

No information regarding consultation

Section 17 of the Legislative Instruments Act 2003 directs a rule-maker to be satisfied that appropriate consultation, as is reasonably practicable, has been undertaken in relation to a proposed instrument, particularly where that instrument is likely to have an effect on business. Section 18, however, provides that in some circumstances such consultation may be unnecessary or inappropriate. The ES which must accompany an instrument is required to describe the nature of any consultation that has been carried out or, if there has been no consultation, to explain why none was undertaken (section 26). With reference to these requirements, the ES for the instrument makes no reference to consultation [the committee requested further information from the minister; and requested that the ES be updated in accordance with the requirements of the Legislative Instruments Act 2003].

MINISTER'S RESPONSE:

The Minister for Justice advised that consultation on this regulation was considered unnecessary because it is unlikely to impact on business or restrict competition. However, the minister noted that the use of X-rays in the context of age determination has been considered in a series of public inquiries including:

• the Senate Legal and Constitutional Affairs References Committee report into the Detention of Indonesian minors in Australia;

• the Senate Legal and Constitutional Affairs Legislation Committee report into the Crimes Amendment (Fairness of Minors) Bill 2011; and

• the Australian Human Rights Commission (AHRC) Inquiry into the treatment of individuals suspected of people smuggling offences who say they are children.

The minister also noted that the content of the regulation was discussed in the context of the Senate Legal and Constitutional Affairs Legislation Committee inquiry into the Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Bill 2013.

The minister also advised that he had been informed that the regulation implements part of Recommendation 1 of the Senate Legal and Constitutional Affairs References Committee report, and Recommendations 5 and 6 of the AHRC's report.

COMMITTEE RESPONSE:

The committee thanks the minister for his response and has concluded its interest in the matter.