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| Members of the Committee |
(PDF 108KB) |
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| Preface |
(PDF 30KB) |
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| Chapter 1 - Background and operation of the Committee |
(PDF 138KB) |
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
Monitoring of penalty provisions for ‘information’ offences
Monitoring of national scheme legislation
Consensus
The Committee’s workload
The Committee’s effectiveness
Explanatory memoranda |
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| Chapter 2 - Undue trespass on personal rights and liberties |
(PDF 398KB) |
Application of criterion set out in Standing Order 24(1)(a)(i)
Retrospectivity
Border Protection (Validation and Enforcement Powers) Bill 2001
Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Bill 2002
Intellectual Property Laws Amendment Bill 2002
Family Law Amendment Bill 2003
‘Legislation by press release’ and the six month rule
Criminal Code Amendment (Anti-hoax and Other Measures) Bill 2002
Migration Amendment (Excision from Migration Zone) Bill 2001
Abrogation of the privilege against self-incrimination
Proceeds of Crime Bill 2002
Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002
Reversal of the onus of proof
Criminal Code Amendment (Espionage and Related Offences) Bill 2002
Building and Construction Industry Improvement Bill 2003
Strict and absolute liability offences
Quarantine Amendment Bill 2002
Security Legislation amendment (Terrorism) Bill 2002 [No.2]
Double jeopardy
Powers of search and seizure without warrant
Transport Safety Investigation Bill 2002
Customs Legislation Amendment Bill (No. 1) 2002
Issuing of warrants by non-judicial officers
Search of persons
Abrogation of the rules of natural justice
Abrogation of common law rights of action
Oppressive powers
Proceeds of Crime Bill 2002
Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002
Limitation of liability for death or personal injury
Limiting the right of parties to arbitration
Use of tax file numbers
Mandatory sentencing
Voting rights of prisoners
Committee consideration |
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| Chapter 3 - Undue dependence upon insufficiently defined administrative powers |
(PDF 76KB) |
Application of criterion set out in Standing Order 24(1)(a)(ii)
Ill-defined and wide powers
Aviation Transport Security Bill 2003
Superannuation Safety Amendment Bill 2003
Delegation of power to ‘a person’
General Insurance Reform Bill 2001
Age Discrimination Bill 2003
Environment Protection and Biodiversity Conservation Act 1999
Notification of appeal rights |
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| Chapter 4 - Undue dependence upon non-reviewable decisions |
(PDF 85KB) |
Application of criterion set out in Standing Order 24(1)(a)(iii)
No reasons for decisions
Excluding merits review
Communications Legislation Amendment Bill (No. 2) 2003
Financial Services Reform (Consequential Provisions) Bill 2001
Excluding judicial review
Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Bill 2001
Anti-terrorism Bill (No. 2) 2004
Decisions for which review was accepted as unnecessary |
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| Chapter 5 - Inappropriate delegation of legislative power |
(PDF 86KB) |
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
Commencement by Proclamation - Office of Parliamentary Counsel Drafting Direction 2003, No. 3 |
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| Chapter 6 - Insufficient Parliamentary scrutiny of the exercise of legislative power |
(PDF 111KB) |
Application of criterion set out in Standing Order 24(1)(a)(v)
Not tabled or not subject to disallowance
Australian National Training Authority Amendment Bill 2003
Communications Legislation Amendment Bill (No. 3) 2003
Air Passenger Ticket Levy (Collection) Bill 2001
Incorporating material ‘as in force from time to time’
Communications Legislation Amendment Bill (No. 1) 2002
Student Assistance Amendment Bill 2003
Veterans’ Affairs Legislation Amendment Bill (No. 1) 2002
Insufficient time
Quasi-legislation |
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| Chapter 7 - Application of absolute and strict liability offences in Commonwealth legislation |
(PDF 104KB) |
Introduction
Conduct of the inquiry
Basic principles
Merits of strict liability and criteria for its application
Principles of protection for those affected by strict and absolute liability
Principles for the sound administration of strict liability
Application of criteria to existing and proposed Commonwealth strict and absolute liability offences
Recommendations
Government response |
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| Chapter 8 - Government response to the Committee's inquiry into entry and search provisions in Commonwealth legislation |
(PDF 119KB) |
Introduction
Recommendations 1 and 6
Recommendation 2
Recommendation 3
Recommendation 4
Recommendation 5
Recommendation 7
Recommendation 8
Recommendation 9
Recommendation 10
Recommendation 11
Recommendation 12
Recommendation 13
Recommendation 14
Recommendation 15
Recommendation 16 |
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| Appendix 1 - Committee support |
(PDF 35KB) |
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| Appendix 2 - Statistics |
(PDF 146KB) |
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| Appendix 3 - Bills commented on in Alert Digests and reported upon during the 40th Parliament |
(PDF 277KB) |
| *PDF Format Only |