Bankruptcy Amendment (National Personal Insolvency Index) Regulation 2015 [F2015L01800]-Concluded matters [2016] AUSStaCSDLM 64 (24 February 2016)

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Instrument	Bankruptcy Amendment (National Personal Insolvency Index) Regulation 2015 [F2015L01800]
Purpose	Aligns the period of time that information relating to debt agreements is retained on the National Personal Insolvency Index with the period of time that the same information is recorded on credit reports under the Privacy Act 1988
Last day to disallow	29 February 2016
Authorising legislation	Bankruptcy Act 1966
Department	Attorney-General's
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor No. 16 of 2015

No statement of compatibility

The committee commented as follows:

Section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011 requires a

rule-maker to prepare a statement of compatibility in relation to an instrument to which section 42 (disallowance) of the Legislative Instruments Act 2003 applies. 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 these requirements, the committee notes that the ES for this instrument 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.

Attorney-General's response

The Attorney-General advised:

I have asked my department to prepare a statement of compatibility to be included in the Explanatory Statement for the Regulation and have asked that the updated Explanatory Statement be registered on the Federal Register of Legislative Instruments.

The Attorney-General also provided an updated explanatory statement which includes a statement of compatibility with human rights.

The committee thanks the Attorney-General for his response and has concluded its examination of the instrument.