Dana Wortley (SA, Australian Labor Party) Share this | Hansard source

On behalf of the Standing Committee on Regulations and Ordinances, I give notice that, 15 sitting days from today, I shall move:

That the Film Certification Advisory Board Rules 2008, made under subsection 376-260(1) of the Income Tax Assessment Act 1997, be disallowed.

I seek leave to incorporate in Hansard a short summary of the matter raised by the committee.

Leave granted.

The statement read as follows—

Film Certification Advisory Board Rules 2008

This instrument establishes the Film Certificate Advisory Board and specifies rules for membership and proceedings of the Board.

Sub-rule 12(1) of this instrument permits the Minister to terminate the appointment of a Board member for ‘misbehaviour’. The scope of this term is not defined and the sub-rule thus appears to give the Minister a very broad discretion. Similarly, it is not clear what rights of review or appeal a Board member has against such a decision.

The committee has written to the minister seeking further information on the intended operation of this provision.