Marine Safety (Domestic Commercial Vessel) National Law Amendment (Cost Recovery) Regulation 2016 [F2016L01307] -Response required [2016] AUSStaCSDLM 226 (12 October 2016)

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Instrument	Marine Safety (Domestic Commercial Vessel) National Law Amendment (Cost Recovery) Regulation 2016 [F2016L01307]
Purpose	Prescribes fees for accreditation of marine surveyors and other services carried out by Australian Maritime Safety Authority
Last day to disallow	21 November 2016
Authorising legislation	Marine Safety (Domestic Commercial Vessel) National Law Act 2012
Department	Infrastructure and Regional Development
Scrutiny principle	Standing Order 23(3)(a)

Statement of compatibility

Section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the maker of a disallowable instrument to have prepared a statement of compatibility in relation to the instrument. The statement of compatibility must include an assessment of whether the instrument is compatible with human rights, and must be included in the ES for the instrument.

With reference to these requirements, the committee notes that a statement of compatibility to the regulation is published on the Federal Register of Legislation as supporting material. However, the committee's concern with respect to a statement of compatibility is to ensure that an ES is technically compliant with the requirements of the Human Rights (Parliamentary Scrutiny) Act 2011 and the Legislation Act 2003, and thus in accordance with statute (scrutiny principle 23(3)(a)). The committee considers that an ES that does not contain a statement of compatibility falls short of these requirements.

The committee requests the advice of the minister in relation to this matter, and requests that the ES be updated in accordance with the requirements of the Human Rights (Parliamentary Scrutiny) Act 2011.