Footnotes
Members of the Committee
[1] Appointed to Committee this Parliament 13 February 2002. Elected Chair 20 February 2002
to end of Parliament (Chair previously from 7 October 1987 to 18 August 1993
and from 22 May 1996 to 19 February 2002). Continuous service since first
appointed to Committee 26 February 1985. Ceased to be a member 30 June 2002.
[2] Appointed to Committee this Parliament 13 February 2002. Appointed Deputy Chair 20 February 2002. Continuous service since first
appointed to Committee 8 May 1996. Deputy Chairman 22 May 1996 to 30 June 2002. Ceased to be a member 30 June 2002.
[3] Appointed to Committee this Parliament 1 July 2002.
[4] Appointed to Committee this Parliament 13 February 2002. Elected Acting Chair 1 July 2002 to 20 August 2002. Elected Chair 18 June 2003 to 24 June 2004. Discharged 24 June 2004. Continuous service since first
appointed to Committee 24 November 1998.
[5] Appointed to Committee this Parliament 13 February 2002. Discharged 1 July 2002. Continuous member since first
appointed to Committee 29 October 1996.
[6] Appointed to Committee this Parliament 1 July 2002.
[7] Appointed to Committee this Parliament 1 July 2002. Elected Chair 21 August 2002 (to 17 June 2003). Ceased to be a member 15 November 2004.
[8] Appointed to Committee this Parliament 24 June 2004. Elected Chair 25 June 2004 to end
of 40th Parliament.
[9] Appointed to Committee this Parliament 13 February 2002. Elected Acting Deputy Chair
effective 1 July 2002.
Appointed Deputy Chair 21 August 2002 to end of 40th Parliament.
Continuous service since first appointed to Committee 31 August 1999.
[10] Appointed to Committee this Parliament 13 February 2002. Continuous service to Committee
since first appointed 18 June 1996, with effect from 1 July 1996.
Chapter 1 - Background and operation of the Committee
[1]
Senator M Tate, ‘The Operation of the Australian Senate Standing
Committee for the Scrutiny of Bills 1981-1985’, paper presented to the Conference
of the Australasian Study of Parliament Group, Adelaide, August 1985.
[2]
Report on the Operation of the Senate Standing Committee for the
Scrutiny of Bills during the 36th Parliament. Parliamentary
Paper No. 208/1993.
[3]
The Work of the Committee during the 37th Parliament: May
1993 – March 1996. Parliamentary Paper No. 116/1997.
[4]
The Work of the Committee during the 38th Parliament: May
1996 - August 1998. Parliamentary Paper No. 146/1999.
[5]
The Work of the Committee during the 39th Parliament:
November 1998 - October 2001. Parliamentary Paper No. 313/2002.
[6]
Senate, Hansard, 9 June 1978, p. 2689.
[7]
Parliamentary Paper No. 329/1978.
[8]
Senate, Hansard, 19 November 1981, pp. 2418-2428.
[9]
Pearce, D. ‘Opening Address’ in Senate Standing Committee for the
Scrutiny of Bills, Ten Years of Scrutiny, pp. 5-6.
[10]
Chaney, F. in Senate Standing Committee for the Scrutiny of Bills, Ten
Years of Scrutiny,
pp. 24-25.
[11]
ibid. p. 25.
[12]
Senate, Hansard, 25 May 1982, pp. 2341-2342.
[13]
Senate, Hansard, 17 March 1987, pp. 775-776.
[14]
Senate, Standing Orders and Other Orders of the Senate, September
2006, p. 21.
[15]
Senate Standing Committee for the Scrutiny of Bills, Ten Years of
Scrutiny, p. 16.
[16]
Scrutiny of Bills Committee, Ninth Report of 2002, p. 381.
[17]
Senate, Parliamentary Debates, 1 July 1998, p. 3977 (Senator R Ray).
[18]
Senate, Hansard, 19 March 2003, p. 9714; 14 May 2003, p. 10955; 18
June 2003, p. 11881; and 25 June 2003, p. 12531.
[19]
Senate, Hansard, 19 March 2003, p. 9714.
[20]
Senate Standing Committee for the Scrutiny of Bills, Third Report of
2004 – The Quality of Explanatory Memoranda Accompanying Bills, 24 March 2004.
Chapter 2 - Undue trespass on personal rights and liberties
[1]
Hobbes, T. Leviathan, as referred to by Toohey, J. in Polyukhovich
v The Commonwealth (1991) 172 CLR 501 at 687.
[2]
Blackstone, W. Commentaries on the Laws of England, Book 1 (1965,
Clarendon Press, Oxford), pp. 45-46 as referred to in Polyukhovich v The
Commonwealth (1991) 172 CLR 501 at 534 per Mason, CJ.
[3]
The Parliament has generally accepted some retrospectivity in respect of
tax and revenue measures so as to ensure that windfall profits may not be made
between the time of an announcement and the enactment of legislation to
implement that announcement. (Odgers’ Australian Senate Practice, 11th
Edition, p. 299).
[4]
Note: While this bill was introduced during the 39th
Parliament, the Committee’s report on the bill was not tabled until the 40th
Parliament, thus its inclusion in this report.
[5]
Scrutiny of Bills Committee, Alert Digest No. 13 of 2001, p. 5.
[6]
Scrutiny of Bills Committee, First Report of 2002, pp. 12-13.
[7]
Scrutiny of Bills Committee, Fifth Report of 2002, p. 236.
[8]
Scrutiny of Bills Committee, First Report of 2003, p. 31.
[9]
Scrutiny of Bills Committee, Fifth Report of 2003, pp. 143-144.
[10]
ibid.
[11]
Scrutiny of Bills Committee, Eighth Report of 2003, pp. 189-193.
[12]
ibid. p. 192.
[13]
ibid. p. 191.
[14]
ibid.
[15]
Scrutiny of Bills Committee, The Work of the Committee during the 37th
Parliament, p. 21.
[16]
Scrutiny of Bills Committee, Annual Report 1986-87, pp. 12-13.
[17]
Odgers’ Australian Senate Practice, 11th Edition, p. 299.
[18]
Scrutiny of Bills Committee, Alert Digest No. 1 of 2002, p. 16.
[19]
Scrutiny of Bills Committee, Second Report of 2002, p. 102.
[20]
ibid. p. 103.
[21]
Scrutiny of Bills Committee, Third Report of 2002, p. 121.
[22]
ibid.
[23]
Scrutiny of Bills Committee, Fourth Report of 2002, p. 160.
[24]
Scrutiny of Bills Committee, First Report of 2002, pp. 40-41.
[25]
Scrutiny of Bills Committee, Eighth Report of 2002, pp. 336-337.
[26]
ibid. p. 337.
[27]
Journals of the Senate, No. 34, 23 September 2002, p. 796.
[28]
Scrutiny of Bills Committee, Alert Digest No. 4 of 2002, p. 10.
[29]
ibid.
[30]
Scrutiny of Bills Committee, Twelfth Report of 2002, p. 420.
[31]
Parliamentary Paper No. 319/1982.
[32]
ibid, p. 47.
[33]
Senate Legal and Constitutional References Committee, Inquiry into s.46
and s.50 of the Trade Practices Act 1974, in additional comments by Senator
Murray on behalf of the Australian Democrats, p. 37.
[34]
Scrutiny of Bills Committee, Alert Digest No. 1 of 1999, p. 32.
[35]
Scrutiny of Bills Committee, Tenth Report of 1999, pp. 237-238.
[36]
Scrutiny of Bills Committee, Ninth Report of 2002, p. 367.
[37]
ibid. p. 368.
[38]
Scrutiny of Bills Committee, Alert Digest No. 9 of 2002, p. 17.
[39]
Scrutiny of Bills Committee, Alert Digest No. 15 of 2003, pp. 7-8.
[40]
Scrutiny of Bills Committee, First Report of 2004, pp. 17-18.
[41]
Scrutiny of Bills Committee, Sixth Report of 2002. Application of
Absolute and Strict Liability Offences in Commonwealth Legislation.
[42]
Scrutiny of Bills Committee, First Report of 2003, pp. 19-22.
[43]
ibid. p. 20.
[44]
Scrutiny of Bills Committee, Alert Digest No. 3 of 2002, p. 50.
[45]
Scrutiny of Bills Committee, Alert Digest No. 3 of 2002, pp. 50-51.
[46]
Scrutiny of Bills Committee, Fourth Report of 2002, pp. 171-172.
[47]
Scrutiny of Bills Committee, Alert Digest No. 3 of 2002, p. 52.
[48]
Scrutiny of Bills Committee, Fourth Report of 2002, pp. 175-176.
[49]
Scrutiny of Bills Committee, Alert Digest No. 7 of 2002, p. 55.
[50]
Black, J. cited in Johns. R. ‘Double Jeopardy’, Briefing Paper No.
16/03, NSW Parliamentary Library Research Service.
[51]
Scrutiny of Bills Committee, Alert Digest No. 16 of 2002, p. 7.
[52]
ibid.
[53]
Scrutiny of Bills Committee, Second Report of 2003, p. 61.
[54]
Scrutiny of Bills Committee, Alert Digest No. 6 of 2002, p. 15.
[55]
Scrutiny of Bills Committee, Twelfth Report of 2002, pp. 426-427.
[56]
ibid. p. 428.
[57]
Scrutiny of Bills Committee, Thirteenth Report of 2002, p. 457.
[58]
Scrutiny of Bills Committee, Fourteenth Report of 2002, pp.
488-489.
[59]
ibid. p. 490.
[60]
Senate, Hansard, 26 March 2003, pp. 10154-10164.
[61]
Scrutiny of Bills Committee, Ninth Report of 2002, pp. 374-375.
[62]
ibid. p. 375.
[63]
Scrutiny of Bills Committee, Alert Digest No. 9 of 2003, p. 10.
[64]
Scrutiny of Bills Committee, Tenth Report of 2003, p. 245.
[65]
Scrutiny of Bills Committee, Alert Digest No. 7 of 2004, p. 16.
[66]
Scrutiny of Bills Committee, Ninth Report of 2004, pp. 171-172.
[67]
ibid. p. 172.
[68]
Scrutiny of Bills Committee, Alert Digest No. 3 of 2002, p. 31.
[69]
ibid. pp. 31-32.
[70]
Scrutiny of Bills Committee, Second Report of 2003, pp. 65-66.
[71]
ibid. p. 66.
[72]
Scrutiny of Bills Committee, Fifth Report of 2002, p. 230.
[73]
ibid. p. 231.
[74]
Scrutiny of Bills Committee, Eighth Report of 2002, p. 338.
[75]
Scrutiny of Bills Committee, Alert Digest No. 4 of 2002, p. 7.
[76]
Scrutiny of Bills Committee, Twelfth Report of 2002, pp. 412-413.
[77]
Scrutiny of Bills Committee, Twelfth Report of 2002, p. 413.
[78]
ibid. pp. 413-414.
[79]
Scrutiny of Bills Committee, Alert Digest No. 4 of 2002, p. 9.
[80]
ibid.
[81]
Scrutiny of Bills Committee, Twelfth Report of 2002, pp. 416-418.
[82]
Scrutiny of Bills Committee, Alert Digest No. 9 of 2002, p. 14.
[83]
Scrutiny of Bills Committee, Thirteenth Report of 2002, p. 449.
[84]
Scrutiny of Bills Committee, Fifteenth Report of 2002, p. 524.
[85]
ibid.
[86]
ibid. p. 525.
[87]
ibid.
[88]
Scrutiny of Bills Committee, Alert Digest No. 10 of 2001, pp.
14-15.
[89] Scrutiny of
Bills Committee, Twelfth Report of 2001, p. 563.
[90]
ibid. p. 564.
[91]
Scrutiny of Bills Committee, Thirteenth Report of 2001, p. 609.
[92]
ibid.
[93]
Productivity Commission, Draft Report on Telecommunications Competition
Regulation, as cited in Scrutiny of Bills Committee, First Report of 2002,
p. 60.
[94]
ibid.
[95]
Scrutiny of Bills Committee, Alert Digest No. 1 of 2002, pp. 22-23.
[96]
Note: While this bill was introduced during the 39th
Parliament, the Committee’s report (First Report of 2002) on the bill
was not tabled until the 40th Parliament, thus its inclusion in this
report.
[97]
Scrutiny of Bills Committee, Alert Digest No. 13 of 2001, p. 8.
[98]
Scrutiny of Bills Committee, First Report of 2002, p. 16.
[99]
Scrutiny of Bills Committee, Alert Digest No. 6 of 2004, p. 13.
[100]
Scrutiny of Bills Committee, Seventh Report of 2004, pp. 148-149.
[101]
ibid. p. 149.
Chapter 3 - Undue dependence upon insufficiently defined administrative powers
[1]
Scrutiny of Bills Committee, First Report of 1982, p. 10.
[2]
Scrutiny of Bills Committee, Eleventh Report of 1984, p. 2.
[3]
Scrutiny of Bills Committee, Alert Digest No. 1 of 2004, p. 42.
[4]
Scrutiny of Bills Committee, Second Report of 2004, p. 54.
[5]
ibid. p. 55.
[6]
ibid.
[7]
Scrutiny of Bills Committee, Alert Digest No. 16 of 2003, p. 16.
[8]
Scrutiny of Bills Committee, Second Report of 2004, p. 58.
[9]
Note: While this bill was introduced during the 39th
Parliament, the Committee’s final report on the bill was not tabled until the
40th Parliament, thus its inclusion in this report.
[10]
Scrutiny of Bills Committee, Alert Digest No. 11 of 2001, p. 30.
[11]
Scrutiny of Bills Committee, Seventh Report of 2002, p. 308.
[12]
Scrutiny of Bills Committee, Alert Digest No. 8 of 2003, p. 6.
[13]
Scrutiny of Bills Committee, Fifteenth Report of 2003, p. 335.
[14]
Scrutiny of Bills Committee, Alert Digest No. 2 of 2004, p. 14.
[15]
Scrutiny of Bills Committee, Tenth Report of 2004, p. 191.
[16]
ibid.
[17]
ibid.
[18]
See, for example, Scrutiny of Bills Committee, First Report of 1985, p.
3, concerning the Horticultural-Plant Variety Rights Bill 1984 [1985].
Chapter 4 - Undue dependence upon non-reviewable decisions
[1]
Scrutiny of Bills Committee, Alert Digest No. 1 of 2004, p. 7.
[2]
Scrutiny of Bills Committee, Eighth Report of 2003, p. 185.
[3]
Note: While this bill was introduced during the 39th
Parliament, the Committee’s final report on the bill was not tabled until the
40th Parliament, thus its inclusion in this report.
[4]
Scrutiny of Bills Committee, Ninth Report of 2001, pp. 397-398.
[5]
Note: While this bill was introduced during the 39th
Parliament, the Committee’s final report on the bill was not tabled until the
40th Parliament, thus its inclusion in this report.
[6]
Scrutiny of Bills Committee, Alert Digest No. 13 of 2001, p. 13.
[7]
Scrutiny of Bills Committee, First Report of 2002, p. 46.
[8]
ibid.
[9]
Scrutiny of Bills Committee, Tenth Report of 2004, p. 188.
[10]
Scrutiny of Bills Committee, Fifteenth Report of 2002, pp. 500-501.
[11]
Scrutiny of Bills Committee, Fourth Report of 2004, pp. 106-108.
Chapter 5 - Inappropriate delegation of legislative power
[1]
See also Pearce, D C, Delegated Legislation in Australia and New
Zealand, Butterworths, Sydney, 1977.
[2]
Note: While this bill was introduced during the 39th
Parliament, the Committee’s final report on the bill was not tabled until the
40th Parliament, thus its inclusion in this report.
[3]
Scrutiny of Bills Committee, First Report of 2002, p. 42.
[4]
See, for example Alert Digest No. 7 of 1992, commenting on the
Commonwealth Electoral Amendment Bill 1992; and Alert Digest No. 14 of 1992,
commenting on the Student Assistance Amendment Bill 1992.
[5]
Scrutiny of Bills Committee, Alert Digest No. 1 of 2002, p. 17.
[6]
Scrutiny of Bills Committee, Second Report of 2002, p. 104.
[7]
Scrutiny of Bills Committee, Third Report of 2002, p. 123.
[8]
ibid.
[9]
Scrutiny of Bills Committee, Alert Digest No. 5 of 2003, pp. 7-8.
[10]
Scrutiny of Bills Committee, Alert Digest No. 12 of 2003, p. 17.
[11]
Scrutiny of Bills Committee, Fourteenth Report of 2003, p. 311 and First
Report of 2004, p. 14.
[12]
Scrutiny of Bills Committee, Twelfth Report of 2003, p. 278.
[13]
ibid. pp. 278-279.
[14]
Scrutiny of Bills Committee, Alert Digest No. 16 of 2003, p. 7.
[15]
Scrutiny of Bills Committee, First Report of 2004, p. 21.
[16]
Scrutiny of Bills Committee, Alert Digest No. 10 of 2002, p. 11.
[17]
Scrutiny of Bills Committee, Alert Digest No. 4 of 2004, p. 7.
[18]
Scrutiny of Bills Committee, Ninth Report of 2004, p. 169.
Chapter 6 - Insufficient Parliamentary scrutiny of the exercise of legislative power
[1]
Scrutiny of Bills Committee, Alert Digest No. 9 of 2003, p. 5.
[2]
ibid. pp. 5-6.
[3]
Scrutiny of Bills Committee, Ninth Report of 2003, p. 211.
[4]
ibid. p. 212.
[5]
Scrutiny of Bills Committee, Ninth Report of 2003, pp. 216-217.
[6]
ibid. p. 218.
[7]
ibid.
[8]
Note: While this bill was introduced during the 39th
Parliament, the Committee’s final report on the bill was not tabled until the
40th Parliament, thus its inclusion in this report.
[9]
Scrutiny of Bills Committee, First Report of 2002, p. 8.
[10]
ibid. p. 9.
[11]
Scrutiny of Bills Committee, Fourth Report of 2003, pp. 106-107.
[12]
ibid. p. 107.
[13]
Scrutiny of Bills Committee, Tenth Report of 2003, p. 247.
[14]
Scrutiny of Bills Committee, Tenth Report of 2002, p. 395.
[15]
House of Representatives, Hansard, 27 August 2002, p. 5804.
[16]
Note: While this bill was introduced during the 39th
Parliament, the Committee’s final report on the bill was not tabled until the
40th Parliament, thus its inclusion in this report.
[17]
Scrutiny of Bills Committee, Tenth Report of 2001, p. 446.
[18]
ibid. pp. 446-447.
[19]
Scrutiny of Bills Committee, First Report of 2002, p. 32.
[20]
ibid.
Chapter 7 - Application of absolute and strict liability offences in Commonwealth legislation
[1]
Journals of the Senate, No. 197, 28 June 2001, p. 4439.
[2]
Scrutiny of Bills Committee, Sixth Report of 2002. Application of
Absolute and Strict Liability Offences in Commonwealth Legislation.
[3]
Department of the Prime Minister and Cabinet, Legislation Handbook,
May 2000, Canberra.
[4]
Scrutiny of Bills Committee, Sixth Report of 2002, p. 289.
[5]
Journals of the Senate, No. 149, 17 June 2004, p. 3518.
[6]
Government response to the Senate Standing Committee for the Scrutiny of
Bills Sixth Report of 2002 – Application of Absolute and Strict Liability
Offences in Commonwealth Legislation. p. 2.
[7]
ibid. p. 3.
[8]
ibid.
[9]
ibid. pp. 3-6.
[10]
ibid. pp. 6-7.
[11]
ibid. p. 7.
Chapter 8 - Government response to the Committee's inquiry into entry and search provisions in Commonwealth legilsation
[1]
Scrutiny of Bills Committee, The Work of the Committee during the 39th
Parliament. November 1998 – October 2001, Commonwealth of Australia, June
2002, pp. 99-113.
[2]
Journals of the Senate, No. 119, 27 November 2003, p. 2757.
[3]
Government Response to the Senate Standing Committee for the Scrutiny of
Bills Fourth Report – Entry and Search Provisions in Commonwealth
Legislation (Government Response), August 2003, p. 2.
[4]
Scrutiny of Bills Committee, Fourth Report of 2000, p. 81.
[5]
ibid. p. 107.
[6]
Government Response, op. cit. p. 3.
[7]
Scrutiny of Bills Committee, Fourth Report of 2000, p. 81.
[8]
Government Response, op. cit. p. 5.
[9]
ibid.
[10]
Scrutiny of Bills Committee, Fourth Report of 2000, p. 82.
[11]
Government Response, op. cit. p. 6.
[12]
Scrutiny of Bills Committee, Fourth Report of 2000, p. 87.
[13]
Government Response, op. cit. p. 8.
[14]
Scrutiny of Bills Committee, Fourth Report of 2000, p. 90.
[15]
Government Response, op. cit. pp. 8-9.
[16]
ibid. p. 9.
[17]
Scrutiny of Bills Committee, Fourth Report of 2000, p. 107.
[18]
Government Response, op. cit. p.10.
[19]
ibid. pp. 10-12.
[20]
Scrutiny of Bills Committee, Fourth Report of 2000, p. 108.
[21]
Government Response, op. cit. p. 12.
[22]
Scrutiny of Bills Committee, Fourth Report of 2000, p. 113.
[23]
Government Response, op. cit. p. 13.
[24]
Scrutiny of Bills Committee, Fourth Report of 2000, p. 128.
[25]
Government Response, op. cit. p. 13.
[26]
ibid. p. 14.
[27]
Scrutiny of Bills Committee, Fourth Report of 2000, p. 128.
[28]
NCSC v News Corporation Ltd (1984) 156 CLR 296 at 323, cited in Government
response, op. cit. p. 15.
[29]
R v Serious Fraud Office: ex parte Nadir (Company Law Digest Vol
12, No. 4, 1991) cited in ibid.
[30]
ibid pp. 15-16.
[31]
Scrutiny of Bills Committee, Fourth Report of 2000, p. 128.
[32]
Government Response, op. cit. p. 16.
[33]
Scrutiny of Bills Committee, Fourth Report of 2000, p. 128.
[34] Government
Response, op. cit. p. 16.
[35] Scrutiny of
Bills Committee, Fourth Report of 2000, p. 128.
[36] Government
Response, op. cit. p. 17.
[37] Scrutiny of
Bills Committee, Fourth Report of 2000, p. 140.
[38] Government
Response, op. cit. p. 17.
[39] Scrutiny of
Bills Committee, Fourth Report of 2000, p. 140.
[40] Government
Response, op. cit. p. 17.