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This is a Bill, not an Act. For current law, see the Acts databases.
HUMAN RIGHTS (PARLIAMENTARY SCRUTINY) BILL 2011
2010
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Human Rights (Parliamentary Scrutiny)
Bill 2010
No. , 2010
(Attorney-General)
A Bill for an Act to establish a Parliamentary Joint
Committee on Human Rights, and for related
purposes
i Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010
Contents
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3 Definitions
.........................................................................................
2
Part 2--Parliamentary Joint Committee on Human Rights
4
4 Parliamentary
Joint
Committee on Human Rights ............................. 4
5 Membership
of
the Committee .......................................................... 4
6 Powers
and
proceedings of the Committee ........................................ 5
7 Functions
of
the Committee ............................................................... 5
Part 3--Statements of compatibility
6
8
Statements of compatibility in relation to Bills ................................. 6
9
Statements of compatibility in relation to certain legislative
instruments ......................................................................................... 6
Part 4--Regulations
8
10 Regulations
........................................................................................
8
Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010 1
A Bill for an Act to establish a Parliamentary Joint
1
Committee on Human Rights, and for related
2
purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Human Rights (Parliamentary
8
Scrutiny) Act 2010.
9
Part 1 Preliminary
Section 2
2 Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Parts 2, 3 and
4
The later of:
(a) 1 January 2011; and
(b) the 28th day after this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in Column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Definitions
13
(1) In this Act:
14
human rights means the rights and freedoms recognised or
15
declared by the following international instruments:
16
(a) the International Convention on the Elimination of all Forms
17
of Racial Discrimination done at New York on 21 December
18
1965 ([1975] ATS 40);
19
(b) the International Covenant on Economic, Social and Cultural
20
Rights done at New York on 16 December 1966 ([1976] ATS
21
5);
22
Preliminary Part 1
Section 3
Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010 3
(c) the International Covenant on Civil and Political Rights done
1
at New York on 16 December 1966 ([1980] ATS 23);
2
(d) the Convention on the Elimination of All Forms of
3
Discrimination Against Women done at New York on
4
18 December 1979 ([1983] ATS 9);
5
(e) the Convention Against Torture and Other Cruel, Inhuman or
6
Degrading Treatment or Punishment done at New York on
7
10 December 1984 ([1989] ATS 21);
8
(f) the Convention on the Rights of the Child done at New York
9
on 20 November 1989 ([1991] ATS 4);
10
(g) the Convention on the Rights of Persons with Disabilities
11
done at New York on 13 December 2006 ([2008] ATS 12).
12
Note:
In 2010, the text of an international agreement in the Australian Treaty
13
Series was accessible through the Australian Treaties Library on the
14
AustLII website (www.austlii.edu.au).
15
member means a member of the Committee.
16
rule-maker has the same meaning as in the Legislative Instruments
17
Act 2003.
18
the Committee means the Parliamentary Joint Committee on
19
Human Rights for the time being constituted under this Act.
20
(2) In the definition of human rights in subsection (1), the reference to
21
the rights and freedoms recognised or declared by an international
22
instrument is to be read as a reference to the rights and freedoms
23
recognised or declared by the instrument as it applies to Australia.
24
25
Part 2 Parliamentary Joint Committee on Human Rights
Section 4
4 Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010
Part 2--Parliamentary Joint Committee on Human
1
Rights
2
3
4 Parliamentary Joint Committee on Human Rights
4
As soon as practicable after the commencement of the first session
5
of each Parliament, a joint committee of members of the
6
Parliament, to be known as the Parliamentary Joint Committee on
7
Human Rights, is to be appointed according to the practice of the
8
Parliament.
9
5 Membership of the Committee
10
(1) The Committee is to consist of 10 members:
11
(a) 5 members of the Senate appointed by the Senate; and
12
(b) 5 members of the House of Representatives appointed by that
13
House.
14
(2) A member of the Parliament is not eligible for appointment as a
15
member of the Committee if he or she is:
16
(a) a Minister; or
17
(b) the President of the Senate; or
18
(c) the Speaker of the House of Representatives; or
19
(d) the Deputy-President and Chair of Committees of the Senate;
20
or
21
(e) the Chair of Committees of the House of Representatives.
22
(3) A member ceases to hold office:
23
(a) when the House of Representatives expires by effluxion of
24
time or is dissolved; or
25
(b) if he or she becomes the holder of an office specified in any
26
of the paragraphs of subsection (2); or
27
(c) if he or she ceases to be a member of the House of the
28
Parliament by which he or she was appointed; or
29
(d) if he or she resigns his or her office as provided by
30
subsection (4) or (5).
31
Parliamentary Joint Committee on Human Rights Part 2
Section 6
Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010 5
(4) A member appointed by the Senate may resign his or her office by
1
writing signed by him or her and delivered to the President of the
2
Senate.
3
(5) A member appointed by the House of Representatives may resign
4
his or her office by writing signed by him or her and delivered to
5
the Speaker of that House.
6
(6) Either House of the Parliament may appoint one of its members to
7
fill a vacancy amongst the members of the Committee appointed
8
by that House.
9
6 Powers and proceedings of the Committee
10
All matters relating to the powers and proceedings of the
11
Committee are to be determined by resolution of both Houses of
12
the Parliament.
13
7 Functions of the Committee
14
The Committee has the following functions:
15
(a) to examine Bills for Acts, and legislative instruments, that
16
come before either House of the Parliament for compatibility
17
with human rights, and to report to both Houses of the
18
Parliament on that issue;
19
(b) to examine Acts for compatibility with human rights, and to
20
report to both Houses of the Parliament on that issue;
21
(c) to inquire into any matter relating to human rights which is
22
referred to it by the Attorney-General, and to report to both
23
Houses of the Parliament on that matter.
24
25
Part 3 Statements of compatibility
Section 8
6 Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010
Part 3--Statements of compatibility
1
2
8 Statements of compatibility in relation to Bills
3
(1) A member of Parliament who proposes to introduce a Bill for an
4
Act into a House of the Parliament must cause a statement of
5
compatibility to be prepared in respect of that Bill.
6
(2) A member of Parliament who introduces a Bill for an Act into a
7
House of the Parliament, or another member acting on his or her
8
behalf, must cause the statement of compatibility prepared under
9
subsection (1) to be presented to the House.
10
(3) A statement of compatibility must include an assessment of
11
whether the Bill is compatible with human rights.
12
(4) A statement of compatibility prepared under subsection (1) is not
13
binding on any court or tribunal.
14
(5) A failure to comply with this section in relation to a Bill that
15
becomes an Act does not affect the validity, operation or
16
enforcement of the Act or any other provision of a law of the
17
Commonwealth.
18
9 Statements of compatibility in relation to certain legislative
19
instruments
20
(1) The rule-maker in relation to a legislative instrument to which
21
section 42 (disallowance) of the Legislative Instruments Act 2003
22
applies must cause a statement of compatibility to be prepared in
23
respect of that legislative instrument.
24
Note:
The statement of compatibility must be included in the explanatory
25
statement relating to the legislative instrument (see the definition of
26
explanatory statement in section 4 of the Legislative Instruments Act
27
2003).
28
(2) A statement of compatibility must include an assessment of
29
whether the legislative instrument is compatible with human rights.
30
(3) A statement of compatibility prepared under subsection (1) is not
31
binding on any court or tribunal.
32
Statements of compatibility Part 3
Section 9
Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010 7
(4) A failure to comply with this section in relation to a legislative
1
instrument does not affect the validity, operation or enforcement of
2
the instrument or any other provision of a law of the
3
Commonwealth.
4
5
Part 4 Regulations
Section 10
8 Human Rights (Parliamentary Scrutiny) Bill 2010 No. , 2010
Part 4--Regulations
1
2
10 Regulations
3
The Governor-General may make regulations prescribing matters:
4
(a) required or permitted to be prescribed by this Act; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7