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Bills requiring further information to determine human rights compatibility

Australian Charities and Not-for-profits Commission (Repeal) (No. 1) Bill 2014

Portfolio: Social Services
Introduced: House of Representatives, 19 March 2014

Summary of committee concerns

1.1        The committee is unable to assess the human rights compatibility of the bill until it is able to assess the arrangements that will be put in place following the repeal of the Australian Charities and Not-for-profits Commission (the Commission).

Overview

1.2        The Australian Charities and Not-for-profits Commission (Repeal) (No. 1) Bill 2014 (the bill) is the first of two bills intended to implement the Government’s election commitment to repeal the Commission. The explanatory memorandum for the bill states that the repeal of the Commission is intended to remove unnecessary regulatory control over the civil sector.[1]

1.3        The Commission is established under the Australian Charities and Not-for-profits Commission Act 2012 (the Act), and commenced operation on 3 December 2012. Registration as a charity by the Commission is required before an organisation can receive charity tax concessions and other Commonwealth exemptions and benefits from the Australian Taxation Office.

1.4        The bill will repeal the Act, thereby abolishing the Commission. However, the explanatory memorandum for the bill notes that this will not take effect until the enactment of a second bill, which will provide the details of the arrangements replacing the Commission.[2]

Compatibility with human rights

Statement of compatibility

1.5        The bill is accompanied by a statement of compatibility which states that:

The Bill does not in and of itself engage any human right, given that the Commission and existing arrangements will continue until enactment of a later Bill outlining replacement arrangements for the Commission. Human rights implications will be discussed in detail in the statement of compatibility for the second Bill.[3]

Committee view on compatibility

1.6                  The committee notes the conclusion that the bill does not engage human rights at this stage due to the fact that the repeal of the Commission will not occur until the enactment of a subsequent bill, in which any replacement arrangements for the Commission will be contained. The committee considers that it is unable to assess the human rights compatibility of this bill at this stage.

1.7                  However, the committee notes that it will assess the human rights compatibility of the measure to repeal the Commission in its consideration of the subsequent bill and the details of the arrangements replacing the Commission.

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