Footnotes

Introduction - Right to privacy

[1]        A copy of the Act is available at:
http://www.comlaw.gov.au/Details/C2011A00186

[2]        A copy of the explanatory memorandum is available at: http://www.comlaw.gov.au/Details/C2010B00216/Explanatory%20Memorandum/Text.

[3]        The committee's resolution of appointment is available on its website: http://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Role_of_the_Committee

[4]        See section 5 of the Human Rights (Parliamentary Scrutiny) Act 2011 and resolution 1(a) of the committee's Resolution of Appointment, which provides that five of the committee's members are to be nominated by the Government, four by the Opposition and one by any minority group or independent Senator.

[5]        The LIA provides that certain instruments are exempt from disallowance by providing either that a type of instrument is not a legislative instrument for the purposes of the LIA (section 7) or is otherwise not subject to disallowance (section 42).

[6]        On 18 June 2013 the committee took this step in relation to the Customs (Drug and Alcohol Testing) Regulation 2013. As the committee had not received a response to its concerns, notice was given in order to give the committee adequate time to consider the compatibility of the instrument, pending the Minister's response. See the committee's Sixth Report of 2013, pp 139 – 146; Seventh Report of 2013, pp 59 – 62 and Tenth Report of 2013, pp 45 – 47.

[7]        A list of responses to committee comments which remained outstanding at 30 June 2013 is at Appendix 2. Responses received after 24 June 2013 will be considered by the committee in the 44^th Parliament.

[8]        See the committee's Second Report of 2013.

[9]        See executive summary to the committee's Fourth Report of 2013, p x.

[10]      See the committee's Second Report of 2012, p 11; Seventh Report of 2012, p 41 and Sixth Report of 2013, p 212.

[11]      The submission is available on the committee's website and on the Senate Legal and Constitutional Affairs Committee's website (submission number 595) at: http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/Completed%20inquiries/2010-13/antidiscrimination2012/submissions

[12]      See for example the Senate Rural and Regional Affairs and Transport Legislation Committee's report of its inquiry into the Australian Sports Anti-Doping Authority Amendment Bill 2013 available online at: http://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Rural_and_Regional_Affairs_and_Transport/Completed%20inquiries/2012-13/sportsantidoping/index

[13]      See for example responses received on the following bills in the committee's Tenth Report of 2013: Public Interest Disclosure Bill 2013, pp 159-162; Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013, pp 101-107; Australian Public Service Commissioner's Directions 2013, pp 183-184; Fee Rules 2013, pp 198-199; and the Prime Minister's response in relation to the Marine Safety (Domestic Commercial Vessel) National Law Amendment Bill 2013, p 151.

[14]      This approach is summarised in the table at Appendix 5.

[15]      See Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

[16]      See the committee's Practice Note 1.

[17]      See for example the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012 considered in the committee's First Report of 2013, pp 48-56.

[18]      Executive Summary to Eighth Report of 2013 p x, see also the references to the Charities Bill 2013 and Migration Amendment (Offshore Resources Activity) Bill 2013.

[19]      Article 17 of the ICCPR.

[20]      Article 14 of the ICCPR.

[21]      Article 9 of the ICESCR.

[22]      Articles 6 and 7 of the ICESCR.

[23]      Article 19 of the ICCPR.

[24]      Article 12 of the ICESCR.

[25]      Articles 2 and 26 of the ICCPR, article 2 of the ICESCR.

[26]      International Tax Agreements Amendment Bill 2012, First Report of 2013, pp 36-38.

[27]      National Disability Insurance Scheme Bill 2012, First Report of 2013, pp 39-47; see also Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012, First Report of 2013, pp 48-56 and Parliamentary Service Amendment (Parliamentary Budget Officer) Bill 2013, Fourth Report of 2013, pp 51-52.

[28]      Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012, First Report of 2013, pp 4-11, Third Report of 2013, pp 97-109 and Eighth Report of 2013, pp 23-40.

[29]      Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Bill 2012, Sixth Report of 2012, pp 3-11; Seventh Report of 2012, p 45 and First Report of 2013, pp 126-131.

[30]      Treasury Legislation Amendment (Unclaimed Money and Other Measures) Bill 2012, Seventh Report of 2012, pp 30-32 and Third Report of 2013, pp 177-179.

[31]      Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill 2013, Sixth Report of 2013, pp 120-123 and Australian Public Service Commissioner's Directions 2013, Sixth Report of 2013, pp 133-134.

[32]      Customs (Drug and Alcohol Testing) Regulation 2013, Sixth Report of 2013, pp 139-146, Seventh Report of 2013, pp 59-66 and Tenth Report of 2013, pp 45-51.

[33]      Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013, Eighth Report of 2013, pp 12-15 and Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Zimbabwe) Amendment List 2013, Sixth Report of 2013, pp 135-137 and Tenth Report of 2013, pp 13-19.

[34]      Telecommunications (Interception and Access) Amendment Regulation 2013 (No. 1), Sixth Report of 2013, pp 172-173 and Tenth Report of 2013, p 179, 210-213.

[35]      Australian Jobs Bill 2013, Seventh Report of 2013, pp 1-5.

[36]      Corporations and Financial Sector Legislation Amendment Bill 2013, Sixth Report of 2013, pp 9-13.

[37]      Stronger Futures in the Northern Territory Act 2012 and related legislation, Eleventh Report of 2013.

[38]      Law Enforcement Integrity Legislation Amendment Bill 2012, Fifth Report of 2012, pp 12-21, Sixth Report of 2012, p 41, Seventh Report of 2012, p. 44 and First Report of 2013, pp 138-139. See also related secondary legislation: Customs (Drug and Alcohol Testing) Regulation 2013, Sixth Report of 2013, pp 139-146, Seventh Report of 2013, pp 59-66, Tenth Report of 2013, pp 45-51.

[39]      Student Identifiers Bill 2013, Sixth Report of 2013, pp 65-70.

[40]      Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012, First Report of 2013, pp 4-11, Third Report of 2013, pp 97-109 and Eighth Report of 2013, pp 23-40.

[41]      Migration and Security Legislation Amendment (Review of Security Assessments) Bill 2012, Sixth Report of 2012, pp 19-21.

[42]      Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Bill 2013, Eighth Report of 2013, pp 4-6.

[43]      International Organisations (Privileges and Immunities) Amendment Bill 2013, Fourth Report of 2013, pp 42-47.

[44]      Native Title (Assistance from Attorney-General) Guideline 2012, Third Report of 2013, p 90 and Crimes Legislation Amendment (Organised Crime and Other Measures) Bill 2013, First Report of 2013, pp 27-33 and Sixth Report of 2013, pp 189-195.

[45]      Protection of Cultural Objects on Loan Bill 2012, First Report of 2013, pp 62-66, Third Report of 2013, pp 159-164 and Tenth Report of 2013, pp 94-95.

[46]      Therapeutic Goods Amendment (2013 Measures No. 1) Bill 2013, Sixth Report of 2013, pp 86‑89.

[47]      Court Security Bill 2013, Sixth Report of 2013, pp 14-21 and Tenth Report of 2013, pp 36-44.

[48]      Australian Charities and Not-for-profits Commission Bill 2012, Second Report of 2012, pp 3-7 and Tax Laws Amendment (Special conditions for Not-for-profit Concessions) Bill 2012, Second Report of 2012 pp 14-18.

[49]      Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Bill 2013, Sixth Report of 2013, pp 25-35.

[50]      Competition and Consumer Amendment (Australian Food Labelling) Bill 2012, Fifth Report of 2012, pp 7-9.

[51]      Australia Council (Consequential and Transitional Provisions) Bill 2013, Sixth Report of 2013, pp 3-5.

[52]      Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012, First Report of 2013, pp 4-11, Third Report of 2013, pp 97-109 and Eighth Report of 2013, pp 23-40.

[53]      Small Business Commissioner Bill 2013, Third Report of 2013, pp 49-51 and Sixth Report of 2013, pp 305-307.

[54]      Mutual Assistance in Criminal Matters (Cybercrime) Regulation 2013, Sixth Report of 2013, pp 167-173 and Tenth Report of 2013, pp 56-75.

[55]      Agricultural and Veterinary Chemicals Legislation Amendment Bill 2012, First Report of 2013, pp 4-11, Third Report of 2013, pp 97-109 and Eighth Report of 2013, pp 23-40; Australian Sports Anti-Doping Authority Amendment Bill 2013, Second Report of 2013, pp 3-4, Third Report of 2013, pp 113-119, and Eighth Report of 2013, pp 41-49; Biosecurity Bill 2012, First Report of 2013, pp 25-26, and Eighth Report of 2013, pp 50-56; and Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures) Bill 2012, First Report of 2013, pp 51-56, Third Report of 2013, pp 153-158, and Eight Report of 2013, pp 57-67.

[56]      See examples provided in footnote 52 above.

[57]      Parliamentary Service Amendment Bill 2012, First Report of 2013, pp 57-61, Sixth Report of 2013, pp 294-304, Tenth Report of 2013, pp 89-93.

[58]      Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Bill 2013, Third Report of 2013, pp 57-60.

[59]      See Eighth Report of 2013, pp 21-67.

[60]      See Practice Note 2 (interim) – civil penalties at Appendix 6.

[61]      Tax Laws Amendment (Clean Building Managed Investment Trust) Bill 2012, Sixth Report of 2012, p 32. See also DisabilityCare Australia Fund Bill 2013, Seventh Report of 2013, pp 8-16 and National Disability Insurance Scheme Legislation Amendment Bill 2013, Seventh Report of 2013, pp 17-20.

[62]      Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013, Sixth Report of 2013, pp 58-64.

[63]      Tax and Superannuation Laws Amendment (2013 Measures No.2) Bill 2013, Sixth Report of 2013, pp 71-81; and Tenth Report of 2013, pp 108-113.

[64]      Stronger Futures in the Northern Territory Act 2012 and related legislation, Eleventh Report of 2013, pp 21-31.

[65]      See media reform package, Fourth Report of 2013, pp 1-26.

[66]      Parliamentary Service Amendment (Freedom of Information) Bill 2013, Eighth Report of 2013, pp 9-11.

[67]      Broadcasting Legislation Amendment (Convergence Review and Other Measures) Bill 2013, Fourth Report of 2013, pp 1-7.

[68]      Broadcasting Legislation Amendment (News Media Diversity) Bill 2013, Fourth Report of 2013, pp 8-14.

[69]      News Media (Self-Regulation) Bill 2013, Fourth Report of 2013, pp 15-23.

[70]      Financial Framework Legislation Amendment Bill (No.2) 2013, Fourth Report of 2013, pp 36‑38.

[71]      Veterans' Affairs Legislation Amendment (Military Compensation Review and Other Measures) Bill 2013, Sixth Report of 2013, pp 90-94.

[72]      Health Insurance (Dental Services) Amendment Determination 2012 (No. 1), Seventh Report of 2012, pp 51-55 and Third Report of 2013, pp 133-137.

[73]      Family Assistance and Other Legislation Amendment Bill 2013, Third Report of 2013, pp 18‑20 and Sixth Report of 2013, pp 218-220.

[74]      Superannuation Laws Amendment (MySuper Capital Gains Tax Relief and Other Measures) Bill 2013, Eighth Report of 2013, p 16. See also Health Insurance (Dental Services) Amendment Determination 2012 (No. 1), Seventh Report of 2012, pp 51-55 and Third Report of 2013, pp 133-137.

[75]      Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012, Fourth Report of 2012 (Interim Report) and Fifth Report of 2013 (Final Report).

[76]      Financial Framework Legislation Amendment Bill (No.2) 2013, Fourth Report of 2013, pp 36‑38.

[77]      Tax and Superannuation Laws Amendment (Increased Concessional Contributions Cap and Other Measures) Bill 2013, Seventh Report of 2013, pp 39-42.

[78]      Asbestos Safety and Eradication Agency Bill 2013, Sixth Report of 2013, pp 1-2 and Work Health and Safety Act 2011 (Application to Defence activities and Defence members) Declaration 2012, Fourth Report of 2013, pp 74-75.

[79]      Australian Jobs Bill 2013, Seventh Report of 2013 pp 1-5 and Customs Amendment (Prohibition of Certain Coal Exports) Bill 2013, Sixth Report of 2013, pp 22-24.

[80]      Fair Work Amendment Bill 2012, Seventh Report of 2012, pp 16-19.

[81]      Tradepersons' Rights (Cost Recovery) Amendment Regulation 2013 (No. 1) Seventh Report of 2013, pp 54-55.

[82]      Customs Amendment (Prohibition of Certain Coal Exports) Bill 2013, Sixth Report of 2013, pp 22-24.

[83]      Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Bill 2013, Sixth Report of 2013, pp 25-35.

[84]      Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Bill 2013, Sixth Report of 2013, pp 25-35.

[85]      Foreign Affairs Portfolio Miscellaneous Measures Bill 2013, Fourth Report of 2013, pp 39-41.

[86]      National Health Reform Amendment (Definitions) Bill 2013, Seventh Report of 2013, p 33.

[87]      Tax Laws Amendment (Medicare Levy) Bill 2013, Seventh Report 2013, p 45.

[88]      Tax and Superannuation Laws Amendment (2013 Measures No.2) Bill 2013, Sixth Report of 2013, pp 71-81.

[89]      Private Health Insurance Legislation Amendment (Base Premium) Bill 2013, Seventh Report of 2013, pp 34-35.

[90]      Biosecurity Bill 2012, First Report of 2013, pp 16-26; Asbestos Safety and Eradication Agency Bill 2013, Sixth Report of 2013, p 2.

[91]      Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 and related legislation, Ninth Report of 2013.

[92]      Environment Protection and Biodiversity Conservation Amendment Bill 2013, Fourth Report of 2013, pp 32-35.

[93]      Health Insurance Amendment (Medicare Funding for Certain Types of Abortion) Bill 2013, Sixth Report of 2013, pp 36-39, and Tenth Report of 2013, pp 76-81; Migration Legislation Amendment (Regional Processing and Other Measures) Act 2012 and related legislation, Ninth Report of 2013.

[94]      Health Insurance (Dental Services) Amendment Determination 2012 (No. 1), Seventh Report of 2012, pp 51-55, and Third Report of 2013, pp 133-134.

[95]      Customs Amendment (Anti-Dumping Commission) Bill 2012, Third Report of 2013, pp 8-11; Water Efficiency Labelling Standards (Registration Fees) Bill 2013, Fourth Report of 2013, p 67.

[96]      See the former Prime Minister's response in relation to the Marine Safety (Domestic Commercial Vessel) National Law Amendment Bill 2013, Tenth Report of 2013, p 151.