Ursula Stephens (NSW, Australian Labor Party) Share this | Hansard source

On behalf of the Parliamentary Joint Committee on Human Rights, I give notice that 15 sittings days after today I shall move:

That the Customs (Drug and Alcohol Testing) Regulation 2013, contained in Select Legislative Instrument No. 2 of 2013, and made under the Customs Administration Act 1985, be disallowed.

I seek leave to make a short statement.

Leave granted.

The Customs (Drug and Alcohol Testing) Regulation 2013 was made on 14 February 2013 to prescribe matters to implement drug and alcohol testing within Customs and Border Protection. This follows from the enactment of the Law Enforcement Integrity Legislation Amendment Act 2012, which made amendments to the Customs Administration Act 1985 in part to introduce the drug and alcohol testing power.

In scrutinising this instrument against the seven treaties listed in the Human Rights (Parliamentary Scrutiny) Act 2011 the parliamentary joint committee noted in its sixth report that it had a number of concerns as to whether the instrument was consistent with the right to privacy and the right to self-incrimination. The Minister for Home Affairs responded to the committee on 29 May, noting that a number of amendments would be made to the instrument to take into account the committee's concerns. No time frame was given as to when these amendments would be introduced, and the committee responded in its seventh report, noting that the minister's letter did not respond.

The committee asked for a response to concerns by 12 June, and as of 18 June the committee has not received a response to its subsequent letter. This is the final day for giving notice to disallow this instrument. The committee has decided to take this precautionary step of giving notice to disallow the instrument to give the committee adequate time to consider the compatibility of the instrument with the Human Rights (Parliamentary Scrutiny) Act 2011, pending the minister's response. (Time expired)