Bills With No Committee Comment [2021] AUSStaCSBSD 149 (13 July 2021)

• Commentary on amendments and explanatory materials

---

Commentary on amendments
and explanatory materials

Environment Protection and Biodiversity Conservation Amendment (Standards and Assurance) Bill 2021

1.55 On 23 June 2021, the House agreed to five Government amendments, the Minister for the Environment (Ms Ley) presented a supplementary explanatory memorandum, and the bill was read a third time.

1.56 The committee welcomes these amendments, which appear to partially address scrutiny concerns regarding the inclusion of significant matters in delegated legislation by including sunsetting provisions for the first national environmental standards made under proposed section 65C of the bill.^[28]

Online Safety Bill 2021

1.57 On 22 June 2021, the Senate agreed to 11 Government amendments (1 as amended by 3 Opposition amendments) and seven Opposition amendments, the Assistant Minister to the Attorney-General (Senator Stoker) tabled an addendum explanatory memorandum and a supplementary explanatory memorandum and the bill was read a third time. On 23 June 2021, the House agreed to the Senate amendments and the bill finally passed both Houses.

1.58 The committee thanks the Assistant Minister for tabling an addendum to the explanatory memorandum which includes key information previously requested by the committee.^[29]

Telecommunications Legislation Amendment (International Production Orders) Bill 2020

1.59 On 23 June 2021, the House agreed to 502 Government amendments, the Minister for Home Affairs (Mrs Andrews) presented a replacement explanatory memorandum and a supplementary explanatory memorandum, and the third reading was agreed to. On 24 June 2021 in the Senate, Senator Ruston tabled a revised explanatory memorandum, the bill was read a third time, and the bill finally passed both Houses.

1.60 In Digest 5 of 2020 and Digest 8 of 2020 the committee raised significant scrutiny concerns regarding the dis-applying of Australian privacy laws in relation to requests by foreign governments for access to information held in Australia under designated international agreements, in the absence of safeguards on the face of the bill to ensure that the information is only accessed in appropriate circumstances, or express requirements that designated international agreements be subject to appropriate parliamentary oversight.

1.61 The committee welcomes the amendments that:

• provide that the full text of any designated international agreement to be published in the regulations;

• provide that the regulations setting out any designated international agreement will not commence until the disallowance period for the regulations has passed; and

• allow the Attorney-General to make a statutory requirements certificate stating that the relevant agreement meets certain requirements prior to the text of an agreement being published in the regulations.

1.62 The committee also raised concerns regarding provisions allowing for a broad range of persons to be able to make an application for an international production order.

1.63 The committee welcomes amendments which restrict applications for an interception or stored communications international production order by ASIO to senior position-holders and restricts applications for a telecommunications data international production order on behalf of ASIO to Executive Level 2 or equivalent employees.^[30]

1.64 The committee makes no comment on amendments made or explanatory materials relating to the following bills:

• Broadcasting Legislation Amendment (2021 Measures No. 1) Bill 2021;^[31]

• Financial Regulator Assessment Authority Bill 2021;^[32]

• National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Bill 2020;^[33]

• Private Health Insurance Legislation Amendment (Age of Dependants) Bill 2021;^[34]

• Water Legislation Amendment (Inspector-General of Water Compliance and Other Measures) Bill 2021.^[35]

---

[28] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 8 of 2021, 16 June 2021, pp. 69–72.

[29] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 7 of 2021, 12 May 2021, pp. 20–23.

[30] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 8 of 2020, 17 June 2020, pp. 27–52.

[31] On 22 June 2021, the Senate agreed to two Opposition and two Independent amendments, and the third reading was agreed to. On 23 June 2021, the House agreed to the Senate amendments, and the bill finally passed both Houses.

[32] On 22 June 2021, the Senate agreed to 28 Australian Greens amendments, and the bill was read a third time. On 23 June 2021, the House agreed to the Senate amendments, and the bill finally passed both Houses.

[33] On 21 June 2021, the Senate Committee of the Whole agreed to 10 Government amendments, the Minister for Families and Social Services (Senator Ruston) tabled a supplementary explanatory memorandum and a replacement supplementary memorandum, and the bill was read a third time.

[34] On 22 June 2021 in the Senate, the Assistant Minister to the Attorney-General (Senator Stoker) tabled a replacement explanatory memorandum, and the bill was read a third time.

[35] On 23 June 2021, the Senate agreed to two Government amendments and two Pauline Hanson's One Nation amendments, Senator Ruston tabled a supplementary explanatory memorandum, and the bill was read a third time. On 24 June 2021, the House agreed to Senate amendments Nos. 2 and 3 and disagreed to Senate amendments Nos. 1 and 4, the Senate did not insist on is amendments, and the bill finally passed both Houses. On 30 June 2021, the bill received the Royal Assent.