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Marine Order 503 (Certificates of survey
— national law) Amendment 2014 (No. 1)
FRLI: F2014L00195
Portfolio: Infrastructure and Regional
Development
Tabled: House of Representatives
and Senate, 4 March 2014 Summary of committee concerns
2.1
The committee draws the Minister's attention to the committee's comments
with regard to national cooperative schemes of legislation. Overview
2.2
This instrument makes minor amendments to the Marine Order 503
(Certificates of survey — national law) 2013 to replace references to the
Uniform Shipping Laws Code with references to the National Standard for
Commercial Vessels as they apply to an application for a certificate of survey
for a new vessel. Compatibility with human rights
Statement of compatibility
2.3
The instrument is accompanied by a statement of compatibility that
states that it does not engage any human rights.
Committee view on compatibility
2.4
The committee agrees that the instrument does not raise any human rights
concerns in itself.
2.5
The committee notes that the instrument is made under the Marine
Safety (Domestic Commercial Vessel) National Law Act 2012, which is a
national law scheme. The committee has previously set out its concerns
regarding areas of activity regulated under national schemes of legislation
resulting from intergovernmental agreements.[1]
2.6
The committee observed that an increasing number of areas of activity
are regulated under national schemes resulting from intergovernmental
agreements, and the committee noted that the legislative form of such schemes
varies. In some cases the legislation of one jurisdiction is adopted by the
legislatures of other jurisdictions; in others, each jurisdiction commits
itself to enacting a uniform law in terms agreed at the intergovernmental
level. Sometimes these arrangements involve the agreement of the parties that
changes to the template law will be automatically adopted in the various
jurisdictions.
2.7
The committee noted that these types of arrangements give rise to
legislative scrutiny concerns, as there may be no formal agreement or procedure
in place to ensure that cooperative national schemes and implementing
legislation are scrutinised for human rights compatibility during their
development and before they are finalised at an intergovernmental level.
Following the conclusion of an intergovernmental agreement, there may be only a
limited opportunity for legislative scrutiny at a time when such consideration
may influence the final content of the legislation.
2.8
As with any legislation, the committee considered that the issue of
compatibility with human rights should be an integral part of the development
of any national scheme.
2.9
In response to the committee's views, the former Prime Minister, Ms
Julia Gillard, advised that the First Parliamentary Counsel would seek the
views of the States and Territories on amending the Protocol on Drafting
National Uniform Legislation to refer to the Commonwealth's requirements for
assessing human rights compatibility.
2.10
The committee intends to write to the Minister for Infrastructure
and Regional Development:
- to draw his attention to the previous government's undertaking
that the First Parliamentary Counsel would consult with the States and
Territories on amending the Protocol on Drafting National Uniform Legislation;
and
- to request an update on progress on these matters.
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