Autonomous Sanctions (Designated Persons and Entities-Democratic People's Republic of Korea) Amendment List 2017 (No 2) [F2017L01063] and Autonomous Sanctions (Designated Persons and Entities and Declared Persons-Syria) List 2017 [F2017L01080]-Concluded matters [2017] AUSStaCSDLM 409 (15 November 2017)

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Instrument	Autonomous Sanctions (Designated Persons and Entities – Democratic People’s Republic of Korea) Amendment List 2017 (No 2) [F2017L01063] Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Syria) List 2017 [F2017L01080]
Purpose	Update the lists of designated persons, entities and declared persons on the autonomous sanctions lists for the Democratic People's Republic of Korea and Syria
Authorising legislation	Autonomous Sanctions Regulations 2011
Portfolio	Foreign Affairs and Trade
Disallowance	15 sitting days after tabling (tabled Senate 4 September 2017) Notice of motion to disallow currently must be given by 16 November 2017
Scrutiny principle	Standing Order 23(3)(a)
Previously reported in	Delegated legislation monitor 13 of 2017

Statements 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. Paragraph 15J(2)(f) of the Legislation Act 2003 requires that the statement of compatibility be included in the explanatory statement (ES) for the instrument.

The ESs for these instruments do not include a statement of compatibility.

The committee has observed that a statement of compatibility for each of the above instruments has been published on the Federal Register of Legislation: in one case as 'supporting material' and in the other as an 'incorporated document'. However, the committee notes that paragraph 15J(2)(f) of the Legislation Act 2003 requires the ES to a disallowable legislative instrument to contain a statement of compatibility. Further, the ES to a legislative instrument must be tabled in each House of Parliament, but there is no such requirement for supporting material or incorporated documents. The committee therefore understands that the statements of compatibility for these instruments have not been tabled in either House of Parliament.

The committee requests the minister's advice as to why statements of compatibility were not included in the ESs to these instruments. The committee also requests that replacement ESs be provided to the committee and registered on the Federal Register of Legislation, in accordance with the requirements of the Human Rights (Parliamentary Scrutiny) Act 2011 and the Legislation Act 2003.

Minister's response

The Minister for Foreign Affairs advised:

As the Committee notes, a statement of compatibility with human rights (SCHR) for each of these two instruments has been published on the Federal Register of Legislation. However, due to the method of lodgement of the two instruments and their associated documents with the Office of Parliamentary Counsel, each SCHR was treated as a separate document from the relevant instrument's explanatory statement. Accordingly, the explanatory statements that were tabled in Parliament did not include the corresponding SCHRs.
I have instructed the Department of Foreign Affairs and Trade to lodge an explanatory statement containing the SCHR for each of these two instruments with the Office of Parliamentary Counsel. Copies of these two replacement explanatory statements containing SCHRs are enclosed with this letter for the Committee's perusal as requested.

Committee's response

The committee thanks the minister for her response and notes that replacement ESs that contain statements of compatiblity with human rights have been received by

the committee. The committee notes the minister's undertaking to register the replacement ESs on the Federal Register of Legislation so that they may be tabled in Parliament.

The committee has concluded its examination of the instruments.