Footnotes

Chapter 1 – New and continuing matters - Agricultural and Veterinary Chemicals Legislation Amendments (Removing Re-approval and Re-registration) Bill 2014

[1]        Agricultural and Veterinary Chemicals Legislation Amendment Bill 2013, Explanatory Memorandum, p. 2.

[2]        Explanatory Memorandum (EM), p 7.

[3]        EM, p. 7.

[4]        EM p. 8.

Appropriation Bill (No 1) 2014-2015

[1]        Parliamentary Joint Committee on Human Rights, Seventh Report of 2012 (November 2012), pp 7-8 (comments on the Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 1) 2012-2013 and the Appropriation (Implementation of the Report of the Expert Panel on Asylum Seekers) Bill (No. 2) 2012-2013).

[2]        See Parliamentary Joint Committee on Human Rights, Seventh Report of 2012 (November 2012), pp 7-8; and Third Report of 2013 (March 2013), p. 66.

[3]        See in this report, Appropriation (Parliamentary Departments) Bill (No. 2) 2013-2014, Appropriation Bill (No.3) 2013-2014 and Appropriation Bill (No. 4) 2013-2014.

Australian Citizenship (Intercountry Adoption) Bill 2014

[1]        Bilateral arrangements with non-States parties to the Hague Convention appear currently to be in force with Taiwan and South Korea. South Korea signed the Convention on 24 May 2013, but is yet to ratify it. The committee notes in this regard that the texts of the bilateral agreements referred to on the Attorney-General’s Department website between Australia and Taiwan and between Australia and South Korea do not appear to be available on that website.

[3]        Explanatory memorandum (EM), Attachment A, p. 1.

[4]        EM, Attachment A, p. 1.

Australian Renewable Energy Agency (Repeal) Bill 2014

[1]        Explanatory memorandum (EM) [p.4.]

Australian Workforce and Productivity Agency Repeal Bill 2014

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

[2]        EM, [p. 2]

[3]        EM, [p. 2]

[4]        EM, [p.5]

Carbon Farming Initiative Amendment Bill 2014

[1]        Explanatory memorandum (EM), p. 20.

Excise Tariff Amendment (Fuel Indexation) Bill 2014

[1]        Explanatory memorandum (EM), p. 19.

Family Assistance Legislation Amendment (Child Care Measures) Bill 2014

[1]        Explanatory memorandum (EM), p. 6.

[2]        EM, p. 6.

[3]        EM, p. 6.

[4]        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).

[5]        Article 11(2)(c) of the CEDAW.

Migration Amendment (Protecting Babies Born in Australia) Bill 2014

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

National Health Amendment (Pharmaceutical Benefits) Bill 2014

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

Tax Laws Amendment (Implementation of the FATCA Agreement) Bill 2014

[1]        Explanatory Memorandum, (EM), p. 22.

Chapter 2 - Concluded matters - Appropriation (Parliamentary Departments) Bill (No. 2) 2013-2014

[1]        See Appendix 2, Letter from Senator the Hon Mathias Cormann, Minister for Finance, to Senator Dean Smith, 17 March 2014.

Clean Energy (Income Tax Rates and Other Amendments) Bill 2013

[1]        See Appendix 2, Letter from The Hon Steven Ciobo MP, Parliamentary Secretary to the Treasurer, to Senator Dean Smith, 21 May 2014, p. 1.

Dental Benefits Legislation Amendment Bill 2014

[1]        See Appendix 2, Letter from the Hon Peter Dutton MP, Minister for Health, to Senator Dean Smith, 29 May 2014, pp 1-2.

[2]        See Appendix 2, Letter from the Hon Peter Dutton MP, Minister for Health, to Senator Dean Smith, 29 May 2014, p. 2.

[3]        See Appendix 2, Letter from the Hon Peter Dutton MP, Minister for Health, to Senator Dean Smith, 29 May 2014, p. 3.

Financial Framework Legislation Amendment Bill (No. 2) 2013

[1]        This measure is identified as following from the High Court's decision in Williams v Commonwealth [2012] HCA 23, which considered the limits of the Commonwealth's executive power. The explanatory memorandum (EM) states that the proposed amendments 'are designed to put beyond any argument the capacity of the Executive Government to form or participate in the formation of companies' (p. 5).

[2]        See Appendix 2, Letter from Senator the Hon Mathias Cormann, Minister for Finance, to Senator Dean Smith, 28 May 2014.

Independent National Security Legislation Monitor Repeal Bill 2014

[1]        International Covenant on Civil and Political Rights (ICCPR), article 4.

[2]        ICCPR, article 4.

[3]        ICCPR, article 14.

[4]        ICCPR, article 21.

[5]        ICCPR, article 17.

[6]        See Appendix 2, Letter from the Hon Josh Frydenberg MP, Parliamentary Secretary to the Prime Minister, to Dean Smith, 10 April 2014, [pp 1-3].

[7]        See Security Legislation Review Committee, Report of the Security Legislation Review Committee, June 2006 and Parliamentary Joint Committee on Intelligence and Security (PJCIS), Review of Security and Counter Terrorism Legislation, December 2006.

[8]        PJCIS, Review of Security and Counter Terrorism Legislation, December 2006, p. 19.

[9]        Report of the Special Rapporteur on the Promotion and Protection of Human Rights and Fundamental Freedoms While Countering Terrorism, Martin Scheinin, ‘Compilation of good practices on legal and institutional frameworks and measures that ensure respect for human rights by intelligence agencies while countering terrorism, including on their oversight’, A/HRC/14/46, 17 May 2010, pp 8-10.

[10]      See Appendix 2, Letter from the Hon Josh Frydenberg MP, Parliamentary Secretary to the Prime Minister, to Dean Smith, 10 April 2014, [p. 4].

Minerals Resource Rent Tax Repeal and Other Measures Bill 2013

[1]        See Appendix 2, Letter from The Hon Steven Ciobo MP, Parliamentary Secretary to the Treasurer, to Senator Dean Smith, 21 May 2014, pp 1-2.

Paid Parental Leave Amendment Bill 2014

[1]        See Appendix 2, Letter from The Hon Bruce Billson MP, Minister for Small Business, to Senator Dean Smith, 28 April 2014, [pp 1-3].

[2]        See Appendix 2, Letter from The Hon Bruce Billson MP, Minister for Small Business, to Senator Dean Smith, 28 April 2014, [p. 3].

Tax Bonus for Working Australians Repeal Bill 2013

[1]        See Appendix 2, Letter from The Hon Steven Ciobo MP, Parliamentary Secretary to the Treasurer, to Senator Dean Smith, 21 May 2014, p. 2.

Corporations and Related Legislation Amendment Regulation 2013 (No. 1) [F2013L01264]

[1]        See Appendix 2, Letter from Senator the Hon Mathias Cormann, Acting Assistant Treasurer, to Senator Dean Smith, 23 May 2014.

Appendix 1: Full list of Legislative Instruments received by the committee between 31 May and 6 June 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.