Small Pelagic Fishery (Closures) Direction Revocation 2017 [F2017L00514]-Concluded matters [2017] AUSStaCSDLM 296 (16 August 2017)

---

Instrument	Small Pelagic Fishery (Closures) Direction Revocation 2017 [F2017L00514]
Purpose	Revokes the Small Pelagic Fishery (Closures) Direction No. 1 2015
Authorising legislation	Fisheries Management Act 1991
Department	Agriculture and Water Resources
Disallowance	15 sitting days after tabling (tabled Senate 13 June 2017) Notice of motion to disallow must be given by 5 September 2017
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor 6 of 2017

Statement of compatibility

The committee previously 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 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 the Small Pelagic Fishery (Closures) Direction Revocation 2017 [F2017L00514] (the instrument) states:

AFMA assesses under section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011 that this legislative instrument is compatible with human rights. AFMA’s Statement of Compatibility is attached to this explanatory statement.

However, the statement of compatibility has not been attached to the ES for the instrument.

The committee requests the advice of the minister in relation to the above.

Minister's response

The Minister for Agriculture and Water Resources advised:

AFMA has reassured me that the appropriate assessment of the instrument was undertaken in line with section 9 of the Human Rights (Parliamentary Scrutiny) Act 2011. AFMA concluded that the instrument was compatible with human rights. Unfortunately, as a result of an administrative oversight the statement was not attached to the ES when the package was provided by AFMA to the Federal Register of Legislation.
Copies of the revised ES for the Fish Receiver Permits Declaration 2017 to include information about consultation, together with the statement of compatibility with human rights for the Small Pelagic Fishery (Closures) Direction Revocation 2017, are enclosed with this letter. AFMA will arrange for these two documents to be registered on the Federal Register of Legislation.
Committee's response

The committee thanks the minister for his response and has concluded its examination of the above.

The committee notes the minister's advice that due to an administrative oversight the statement of compatibility for the instrument was not attached to the ES.

The committee also notes that the replacement ES with the attached statement of compatibility received by the committee has been registered on the Federal Register of Legislation.

Senator John Williams (Chair)