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Australian Senate Standing Committee for the Scrutiny of Delegated Legislation - Monitor

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Amendment of List of Exempt Native Specimens-Freshwater and Marine Animals (28/09/2016) [F2016L01572] -Advice only [2016] AUSStaCSDLM 301 (9 November 2016)

Advice only

The committee draws the following matters to the attention of relevant ministers or instrument-makers on an advice only basis. These comments do not require a response.

Instrument

Amendment of List of Exempt Native Specimens - Freshwater and Marine Animals (28/09/2016) [F2016L01572]

Purpose
Varies the List of Exempt Native Specimens to include specimens from various fisheries and aquaculture programs
Last day to disallow
1 December 2016
Authorising legislation
Department
Environment and Energy
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 this requirement, the committee notes that the ES for this instrument includes a statement of compatibility that appears to be missing part of the human rights compatibility analysis.

However, the committee notes that the instrument is compatible with human rights as it does not raise any human rights issues.

The committee draws this matter to the minister's attention.


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