TABLE OF CONTENTS

TABLE OF CONTENTS

Members of the Committee

Operation of the Committee

Introduction

Report of the Standing Committee on Constitutional and Legal Affairs

Establishment of the Scrutiny of Bills Committee

Senate Standing Order 24

The Committee's legal adviser

The operation of the Committee

The Alert Digest

Committee Reports

Publication on the Internet

Consensus

How effective is the Committee

Undue Trespass on Personal Rights and Liberties

Application of criterion set out in Standing Order 24 (1)(a)(i)

Retrospectivity

Excise Tariff Amendment Bill (No 1) 1997

Taxation Laws Amendment Act (No 2) 1995

Taxation Laws Amendment Act (No 4) 1995

Taxation Laws Amendment Bill (No 6) 1997

Marine Personnel Legislation Amendment Bill 1996

Crimes Amendment (Controlled Operations) Bill 1996

Migration Legislation Amendment Bill (No 2) 1996

Bankruptcy Legislation Amendment Bill 1996

Legislation by press release and the `six month' rule

Taxation Laws Amendment Bill (No 2) 1997

Taxation Laws Amendment (Trust Loss and Other Deductions) Bill 1997

Abrogation of the privilege against self-incrimination

Australian Radiation Protection and Nuclear Safety Bill 1998

Customs and Excise Legislation Amendment Bill (No 2) 1996

Reversal of the onus of proof

Constitutional Convention (Election) Bill 1997

Telecommunications Bill 1996

The onus in issues of belief and intent

Strict liability offences

Retirement Savings Accounts Bill 1997

Powers of search and seizure without warrant

Insurance Laws Amendment Bill 1997

Removing professional privilege

Oppressive powers against a vulnerable class of people

Denial of natural justice

Removing Parliament's right to obtain information from the Executive

Data-matching and the use of tax file numbers

Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods and Other Measures) Bill 1996

The voting rights of prisoners

Consideration of the issue in 1994 and before

Committee consideration

Undue Dependence Upon Insufficiently Defined Administrative Powers

Application of criterion set out in Standing Order 24 (1)(a)(ii)

Ill-defined and wide powers

Delegation of power to 'a person'

Primary Industries and Energy Legislation Amendment Bill (No 2) 1996

Comprehensive Nuclear Test-Ban Treaty Bill 1998

Some further examples

Notification of Appeal Rights

Undue Dependence Upon Non-Reviewable Decisions

Application of criterion set out in Standing Order 24 (1)(a)(iii)

Excluding merits review

Financial Laws Amendment Bill 1996

Financial Sector (Shareholdings) Bill 1998 and other related bills

Excluding judicial review

Migration Legislation Amendment Bill (Nos 4 and 5) 1997

Inappropriate Delegation of Legislative Power

Application of criterion set out in Standing Order 24 1(a)(iv)

'Henry VIII' clauses

Determination of important matters by regulation

Setting the rate of a 'levy' by regulation

Providing a statutory maximum rate or a rate-setting formula

Radiocommunications (Spectrum Licence Tax) Bill 1997

Commencement by Proclamation - Office of Parliamentary Counsel Drafting Instruction No 2 of 1989

Some examples

Insufficient Parliamentary Scrutiny of the Exercise of Legislative Power

Application of criterion set out in Standing Order 24 (1)(a)(v)

Not tabled or not subject to disallowance

Incorporating material as in force from time to time

Insufficient time

Primary Industries and Energy Legislation Amendment Bill (No 1) 1996

Quasi-legislation

Some examples

Judiciary Amendment Bill 1997

Legislative Instruments Bill 1996

Conclusively determining whether an instrument is legislative

Exempting national scheme instruments from scrutiny

Exempting proclamations under the Flags Act from scrutiny

Instruments that are not legislative instruments

Application of the bill to the rules of federal courts

The Crimes Amendment (Forensic Procedures) Bill 1997

Introduction

Compulsory testing without arrest

Authority for forensic procedures

Custody without bail

Admissibility of illegally obtained evidence

Senate consideration of the bill

Penalty Provisions for 'Information' Offences in Commonwealth Legislation

Introduction

Committee Support

Statistics

Bills commented on in Alert Digests and reported upon during 38th Parliament

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