The Work of the Committee during the 41st Parliament November 2004 – October 2007

The Work of the Committee during the 41st Parliament November 2004 – October 2007

September 2008

© Commonwealth of Australia 2008
ISBN 978-0-642-71951-5

View the report as a single document - (PDF 1018KB)


View the report as separate downloadable parts:

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Members of the Committee (PDF 9KB)
 
Preface (PDF 5KB)
 
Chapter 1 - Background and operation of the Committee (PDF 94KB)

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
   Monitoring of standing appropriations
   Consensus
The Committee’s workload
The Committee’s effectiveness
Explanatory memoranda

 
Chapter 2 - Undue trespass on personal rights and liberties (PDF 263KB)

Application of criterion set out in Standing Order 24(1)(a)(i)
Retrospectivity
   Building and Construction Industry Improvement Bill 2005
   Classification (Publications, Films and Computer Games)
      Amendment Bill (No. 2) 2004
   Medical Indemnity Legislation Amendment Bill 2005
   New International Tax Arrangements (Foreign-owned
      Branches and Other Measures) Bill 2005
‘Legislation by press release’ and the six month rule
   Tax Laws Amendment (2006 Measures No. 7) Bill 2006
Abrogation of the privilege against self-incrimination
   Trade Practices Legislation Amendment Bill (No. 1) 2005
   Law Enforcement (AFP Professional Standards and Related Measures) Bill 2006
Reversal of the onus of proof
   Film Licensed Investment Company Bill 2005
   Offshore Petroleum Bill 2005
Strict and absolute liability offences
   Corporations Amendment (Insolvency) Bill 2007
   Fisheries Legislation Amendment Bill 2007
   Anti-Money Laundering and Counter-Terrorism Financing Bill 2006
Powers of search and seizure without warrant
Search of persons
Abrogation of legal professional privilege
Abrogation of common law rights of action
Constitution of a military jury
Prohibition on instituting proceedings
Voting rights of prisoners
   Committee consideration of the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005

 
Chapter 3 - Undue dependence upon insufficiently defined administrative powers (PDF 57KB)

Application of criterion set out in Standing Order 24(1)(a)(ii)
Ill-defined and wide powers
Delegation of power to ‘a person’
   Employment and Workplace Relations Legislation Amendment
      (Welfare to Work and Vocational Rehabilitation Services) Bill 2006
   Education Services for Overseas Students Legislation Amendment Bill 2007
   Australian Centre for International Agricultural Research Amendment Bill 2007
Notification of appeal rights

 
Chapter 4 - Undue dependence upon non-reviewable decisions (PDF 76KB)

Application of criterion set out in Standing Order 24(1)(a)(iii)
No reasons for decisions
Excluding merits review
   Environment and Heritage Legislation Amendment Bill (No. 1) 2006
   Human Services (Enhanced Service Delivery) Bill 2007
   Northern Territory National Emergency Response Bill 2007
   Social Security and Other Legislation Amendment (Welfare Payment Reform) Bill 2007
Excluding judicial review
Decisions for which review was accepted as unnecessary

 
Chapter 5 - Inappropriate delegation of legislative power (PDF 104KB)

Application of criterion set out in Standing Order 24(1)(a)(iv)
‘Henry VIII’ clauses
   Private Health Insurance Bill 2006
   Food Standards Australia New Zealand Amendment Bill 2007
   Superannuation Bill 2005
   National Offshore Petroleum Bill 2005
Determination of important matters by regulation
   Social Security and Other Legislation Amendment (Welfare Payment Reform) Bill 2007
   Aviation Legislation Amendment (2007 Measures No. 1) Bill 2007
Setting the rate of a ‘levy’ by regulation
   Providing a statutory maximum rate or a rate-setting formula
   Offshore Petroleum (Annual Fees) Bill 2005
   Offshore Petroleum (Registration Fees) Bill 2005
Commencement by Proclamation - Office of Parliamentary Counsel Drafting Direction No. 1.3 of 2006

 
Chapter 6 - Insufficient Parliamentary scrutiny of the exercise of legislative power (PDF 84KB)

Application of criterion set out in Standing Order 24(1)(a)(v)
Not tabled or not subject to disallowance
   Higher Education Endowment Fund Bill 2007
   Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Bill 2007
Incorporating material ‘as in force from time to time’
   Aviation Legislation Amendment (2007 Measures No. 1) Bill 2007
   Australian Communications and Media Authority Bill 2004
   Australian Sports Anti-Doping Authority Bill 2005
Insufficient time
Quasi-legislation
   Defence Amendment Bill 2005
   Airspace Bill 2006

 
Chapter 7 - Entry, search and seizure provisions in Commonwealth legislation (PDF 76KB)

Introduction
Conduct of the inquiry
Government responses to the Committee’s original report
Legislative developments
The administration and review of entry and search powers
   Accountability measures for non-government employees and agencies
   Advice of statutory rights to occupiers
   Training procedures and other internal controls
   Review of need for powers
Seizure provisions
Seizure and parliamentary privilege
Seizure of material not relevant to an investigation
   Seizure of material relevant to another matter
   Incidental seizure of material and the impact of technology
   Protection and disposal of material
Merits of developing protocols

 
Appendix 1 - Committee Support (PDF 50KB)
 
Appendix 2 - Statistics (PDF 55KB)
 
Appendix 3 - Bills commented on in Alert Digests and reported upon during the 41st Parliament (PDF 192KB)

 

For further information, contact:

Committee Secretary
Senate Scrutiny of Bills Committee
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone: +61 2 6277 3050
Fax: +61 2 6277 5881
Email: scrutiny.sen@aph.gov.au