Minister's Road User Charge Determination 2016 (No 1) [F2016L00556] -Concluded matters [2016] AUSStaCSDLM 264 (12 October 2016)

Instrument	Minister's Road User Charge Determination 2016 (No. 1) [F2016L00556]
Purpose	Specifies the rate of the Road User Charge
Last day to disallow	8 November 2016
Authorising legislation	Fuel Tax Act 2006
Department	Infrastructure and Regional Development
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor 6 of 2016

No statement of compatibility

The committee commented as follows:

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 legislative instrument is compatible with human rights, and must be included in the ES for the legislative instrument.

With reference to this requirement, the committee notes that the ES for this determination does not include a statement of compatibility.

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.

Minister's response

The acting Minister for Infrastructure and Transport advised:

I can advise that a statement of compatibility with Section 9 of the
Human Rights (Parliamentary Scrutiny) Act 2011 was omitted in error.
The Explanatory Statement for this instrument will be updated to include
a statement of compatibility as soon as possible.

Committee's response

The committee thanks the minister for her response and has concluded its examination of the instrument.

The committee notes the minister's undertaking to update the ES to include a statement of compatibility with human rights.