Footnotes

Chapter 1 – New and continuing matters - Defence Legislation Amendment (Woomera Prohibited Area) Bill 2014

[1] Explanatory memorandum (EM), p. 2.

[2] Parliamentary Joint Committee on Human Rights, Eighth Report of 2013, 19 June 2013, p. 69.

[3] Parliamentary Joint Committee on Human Rights, Second Report of the 44^th Parliament, 11 February 2014, pp 39-43.

[4] Defence Act 1903, section 71H.

[5] Defence Act 1903, section 71J.

[6] Defence Act 1903, sections 71H(3)(a) and 71J(2)(a).

[7] Defence Act 1903, sections 71R and 71S.

[8] EM, p. 18.

[9] Defence Act 1903, section 72P.

[10] Defence Act 1903, section 72K.

[11] EM, p. 15.

[12] See Parliamentary Joint Committee on Human Rights, Sixth Report of 2013, 15 May 2013, Native Title Amendment Bill 2012, pp 43-44.

[13] EM, p. 2.

[14] EM, p. 19.

[15] EM, p. 11.

[16] See proposed section 121A(3) and (4).

[17] Article 15, ICCPR.

Dental Benefits Legislation Amendment Bill 2014

[1] Health Insurance Act 1973, s 125B (4) (new subsection 32D(3) applies the provisions of Part VIA of the Health Insurance Act 1973 relating to the enforcement of civil penalties under that Act to the enforcement of civil penalties under section 32D). On the issue of civil penalties regarded as 'criminal' more generally, see Parliamentary Joint Committee on Human Rights, First Report of the 44th Parliament, 10 December 2013, Clean Energy Legislation (Carbon Tax Repeal) Bill 2013), pp 3-8.

[2] Explanatory memorandum (EM), pp 6-7.

[3] In considering legislation affecting this right, the Scrutiny of Bills committee makes an assessment of whether the 'public benefit sought will decisively outweigh the resultant harm to the maintenance of civil rights’. See Senate Standing Committee for the Scrutiny of Bills, The work of the committee during the 42nd Parliament February 2008 – June 2010, June 2013, paragraph 2.6.

[4] EM, p. 10.

Export Legislation Amendment Bill 2014

[1] Explanatory memorandum (EM), pp 4-7.

G20 (Safety and Security) Complementary Bill 2014

[1] For example, right to life (article 6 of the ICCPR), the prohibition on torture and cruel, inhuman or degrading treatment or punishment (article 7 of the ICCPR), right to security of the person and freedom from arbitrary detention (article 9 of the ICCPR), right to human treatment in detention (article 10 of the ICCPR), right to freedom of movement (article 12 of the ICPPR), right to a fair trial and fair hearing (article 14 of the ICCPR), right to privacy and reputation (article 17 of the ICCPR), right to freedom of thought, conscience and religion or belief (article 18 of the ICCPR), right to freedom of opinion and expression (article 19), right to freedom of assembly (article 21 of the ICCPR) and right to freedom of association (article 22 of the ICCPR).

[2] Worthing v Rowell and Muston Pty Ltd (1970) 123 CLR 89. See also Attorney-General (NSW) v Stocks and Holdings (Constructors) Pty Ltd [1970] HCA 58; (1970) 124 CLR 262; and R v Phillips [1970] HCA 50; (1970) 125 CLR 93).

[3] Section 52(i) of the Constitution provides: The Parliament shall, subject to this Constitution, have exclusive power to make laws for the peace, order, and good government of the Commonwealth with respect to: (i) the seat of government of the Commonwealth, and all places acquired by the Commonwealth for public purposes.

[4] See Pinkstone v R [2004] HCA 23; 219 CLR 444 at [34], where McHugh and Gummow JJ described the applied state law as operating as 'a surrogate federal law'. See also McHugh J in Cameron v R [2002] HCA 6; 209 CLR 339, at [46].

[5] See R v Porter [2001] NSWCCA 441; 165 FLR 301; 53 NSWLR 354; [41] (Spigelman CJ, with whom Studdert J and Ireland AJ agreed).

Live Animal Export (Slaughter) Prohibition Bill 2014

[1] Related provisions relating to such rights for specific groups are also contained in the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), articles 11 and 14(2)(e) of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), article 32 of the Convention on the Rights of the Child and article 27 of the Convention on the Rights of Persons with Disabilities (CRPD).

[2] Explanatory memorandum, p. [2].

[3] See, for example, Parliamentary Joint Committee on Human Rights, Live Animal Export Prohibition (Ending Cruelty) Bill 2014, Third Report of the 44^th Parliament, 4 March 2014, p. 34.

Major Sporting Events (Indicia and Images) Protection Bill 2014

[1] 'The expression 'public order (ordre public)'...may be defined as the sum of rules which ensure the functioning of society or the set of fundamental principles on which society is founded. Respect for human rights is part of public order (ordre public)': Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights U.N. Doc. E/CN.4/1985/4, Annex (1985), clause 22.

[2] See, generally, Human Rights Committee, General comment No 34 (Article 19: Freedoms of opinion and expression), CCPR/C/GC/34, paras 21-36 (2011).

[3] Explanatory memorandum (EM), p. 24

[4] EM, p. 24.

[5] See proposed sections 12 and 14. The committee notes also that the bill would not apply to the extent that it would infringe any constitutional doctrine of implied freedom of political communication (proposed section 57). This may provide additional protection to the extent that expression otherwise prohibited by the bill would be protected (and would fall within the scope of the guarantee of the right to freedom of expression).

Migration Amendment (Offshore Resources Activity) Repeal Bill 2014

[1] Migration Amendment (Offshore Resources Activity) Act 2013, s 2(1).

[2] Explanatory memorandum (EM), pp 1-2.

[3] EM, pp 1-2.

[4] EM, Regulation Impact Statement (OBPR ID: 2014/16740), p. 5.

[5] See, for example, Parliamentary Joint Committee on Human Rights, Fifth Report of the 44^th Parliament, 25 March 2014, Omnibus Repeal Day (Autumn 2014) Bill 2014, p. 9.

[6] Migration Amendment (Offshore Resources Activity) Bill 2013, statement of compatibility, pp 3-4.

[7] Migration Amendment (Offshore Resources Activity) Bill 2013, statement of compatibility, p. 4.

Railway Agreement (Western Australia) Amendment Bill 2014

[1] Explanatory memorandum (EM), p. 2.

Save Our Sharks Bill 2014

[1] UN Human Rights Committee, General Comment 6, Article 6 (right to life) (1982), paragraph 5.

[2] Explanatory memorandum (EM), p. 3.

[3] Department of the Environment, 'Statement of reasons for granting an exemption under section 158 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)' (15 January 2014).

[4] Department of the Environment, 'Statement of reasons for granting an exemption under section 158 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)' (15 January 2014), paragraph 13.

[5] Department of the Environment, 'Statement of reasons for granting an exemption under section 158 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)' (15 January 2014), paragraph 16.

[6] Related provisions relating to such rights for specific groups are also contained in the International Convention on the Elimination of All Forms of Racial Discrimination (articles 5(e)(i) and (ii)), the Convention on the Elimination of All Forms of Discrimination against Women ((articles 11 and 14(2)(e)), the Convention on the Rights of the Child (article 32) and the Convention on the Rights of Persons with Disabilities (article 27).

[7] EM, p. 3.

Social Services and Other Legislation Amendment (Seniors Health Card and Other Measures) Bill 2014

[1] Explanatory memorandum (EM), p. 2.

Tax Laws Amendment (2014 Measures No. 1) Bill 2014

[1] Explanatory memorandum (EM), p. 19 (Schedule 1) and p. 52 (Schedule 2).

Veterans’ Affairs Legislation Amendment (Mental Health and Other Measures) Bill 2014

[2] Explanatory memorandum (EM), p. 38.

[3] EM, p. 38.

[4] EM, p. 39.

Chapter 2 - Concluded matters - Qantas Sale Amendment Bill 2014

[1] See Appendix 2, Letter from The Hon Warren Truss MP, Minister for Infrastructure and Regional Development, to Senator Dean Smith, 26 March 2014.

Therapeutic Goods Amendment (2013 Measures No. 1) Bill 2013

[1] See Appendix 2, Letter from Senator the Hon Fiona Nash, Assistant Minister for Health, to Senator Dean Smith, 14 March 2014, pp 1-3.

Aboriginal Land Rights (Northern Territory) Amendment (Delegation) Regulation 2013 [F2013L02122]

[1] See Appendix 2, Letter from Senator the Hon Nigel Scullion, Minister for Indigenous Affairs, to Senator Dean Smith, 17 March 2014, pp 1-2.

Marine Order 503 (Certificates of survey — national law) Amendment 2014 (No. 1) [F2014L00195]

[1] See, Parliamentary Joint Committee on Human Rights, Third Report of 2013, 13 March 2013, pp 29-36; Sixth Report of 2013, 15 May 2013, pp 253-254; and Tenth Report of 2013, 26 June 2013, pp 125 and 173.

[2] See Appendix 2, Letter from the Hon Warren Truss MP, Minister for Infrastructure and Regional Development, to Senator Dean Smith, 4 April 2014.

MRCA Pharmaceutical Benefits Scheme (No. MRCC 44/2013) [F2013L02012]

[1] See Appendix 2, Letter from Senator the Hon Michael Ronaldson, Minister for Veterans' Affairs, to Senator Dean Smith, 19 March 2013, p 2.

National Disability Insurance Scheme (Nominees) Rules 2013 [F2013L01062]

[1] See Appendix 2, Letter from Senator the Hon Mitch Fifield, Assistant Minister for Social Services, to Senator Dean Smith, 19 March 2013, Attachment p 1.

National Disability Insurance Scheme (Supports for Participants – Accounting for Compensation) Rules 2013 [F2013L01414]

[1] See Appendix 2, Letter from Senator the Hon Mitch Fifield, Assistant Minister for Social Services, to Senator Dean Smith, 19 March 2013, Attachment pp 2-3.

National Disability Insurance Scheme (Supports for Participants) Rules 2013 [F2013L01063]

[1] See Appendix 2, Letter from Senator the Hon Mitch Fifield, Assistant Minister for Social Services, to Senator Dean Smith, 19 March 2013, Attachment p. 4.

Repatriation Pharmaceutical Benefits Scheme (No. R43/2013) [F2013L02009]

[1] See the committee's comments on the MRCA Pharmaceutical Benefits Scheme (No. MRCC 44/2013) [F2013L02012] in this report and Appendix 2, Letter from Senator the Hon Michael Ronaldson, Minister for Veterans' Affairs, to Senator Dean Smith, 19 March 2013, pp 1-2.

[2] See Appendix 2, Letter from Senator the Hon Michael Ronaldson, Minister for Veterans' Affairs, to Senator Dean Smith, 19 March 2013, p. 3.

Treatment Principles (Australian Participants in British Nuclear Tests) 2006 [F2013L02031]

[1] See Appendix 2, Letter from Senator the Hon Michael Ronaldson, Minister for Veterans' Affairs, to Senator Dean Smith, 19 March 2013, pp 3-4.

Appendix 1 – Index of instruments considered and received by the committee between 8 March and 25 April 2014

[1] The committee has set out its expectations with regard to information that should be provided in statements of compatibility in its Practice Note 1, available at: www.aph.gov.au/joint_humanrights.

[2] FRLI is found online at www.comlaw.gov.au.