Robert Ray (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

I present the third report of 2006 of the Senate Standing Committee for the Scrutiny of Bills. I also lay on the table Scrutiny of Bills Alert Digest No. 8 of 2006, dated 16 August 2006.

Ordered that the report be printed.

As senators are aware, the Scrutiny of Bills Committee considers legislation to ensure that it complies with the appropriate civil liberties and principles of administrative fairness. It does this by bringing to the attention of the Senate provisions of bills which may infringe upon personal rights and liberties or delegate legislative powers inappropriately or without sufficient parliamentary scrutiny.

The committee has considered only one bill in its Alert Digest No. 8 of 2006, the Environment and Heritage Legislation Amendment (Antarctic Seals and Other Measures) Bill 2006. In considering this bill, the committee has noted that the bill denies the right of the Administrative Appeals Tribunal to make any order staying certain decisions by the minister in relation to the variation, suspension or revocation of permits. The committee has consistently drawn attention to clauses which explicitly exclude review by relevant appeal bodies such as the AAT. However, in this case, the committee notes that the proposed curtailment of the AAT’s jurisdiction is limited to circumstances in which the minister considers that irreversible environmental damage would otherwise occur and that in those circumstances the variation, suspension or revocation of the permit should take immediate effect.

In its sixth report of 2006 the committee has noted the provision of further advice by the Minister for Justice and Customs, Senator Ellison, in relation to the commencement of certain provisions within the Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006.

Ordered that the report be adopted.