Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Act 2011
No. 187, 2011
An Act to deal with consequential matters in connection with the Human Rights (Parliamentary Scrutiny) Act 2011, and for other purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendments
Administrative Appeals Tribunal Act 1975
Legislative Instruments Act 2003
Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Act 2011
No. 187, 2011
An Act to deal with consequential matters in connection with the Human Rights (Parliamentary Scrutiny) Act 2011, and for other purposes
[Assented to 7 December 2011]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Act 2011.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 7 December 2011 |
2. Schedule 1, items 1, 2 and 3 | The day this Act receives the Royal Assent. | 7 December 2011 |
3. Schedule 1, item 4 | At the same time as Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 commences. | 4 January 2012 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in Column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Administrative Appeals Tribunal Act 1975
1 After paragraph 49(1)(b)
Insert:
(ba) the President of the Australian Human Rights Commission established by the Australian Human Rights Commission Act 1986; and
2 Subsection 49(3)
After “ (b)”, insert “, (ba)”.
3 Subsection 56(4)
Omit “4 members”, substitute “5 members”.
Legislative Instruments Act 2003
4 After paragraph (e) of the definition of explanatory statement
Insert:
(ea) if section 42 applies to the instrument—contains a statement of compatibility prepared under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011; and
[Minister’s second reading speech made in—
House of Representatives on 30 September 2010
Senate on 24 November 2010]
Overview
The Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Act 2011 was enacted to address consequential matters arising from the Human Rights (Parliamentary Scrutiny) Act 2011. This Act was passed by the Parliament of Australia to amend existing legislation and ensure the smooth implementation of the new scrutiny provisions related to human rights. The primary objective, as stated in the Minister's second reading speeches in both the House of Representatives and the Senate, was to make necessary adjustments to existing Acts to align with the new human rights scrutiny framework. The Act came into effect on 7 December 2011, with specific provisions for different sections and schedules taking effect on various dates, including 4 January 2012. It amended the Administrative Appeals Tribunal Act 1975 and the Legislative Instruments Act 2003 to incorporate changes that reflect the human rights scrutiny requirements set out in the principal Act.
Scope and Application
The Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Act 2011 addresses consequential matters arising from the Human Rights (Parliamentary Scrutiny) Act 2011, ensuring that the legislative framework is coherent and comprehensive. This Act applies to specified legislative instruments and provisions, making amendments to the Administrative Appeals Tribunal Act 1975 and the Legislative Instruments Act 2003 to align them with the new scrutiny requirements for human rights. The changes include the addition of the President of the Australian Human Rights Commission to the list of persons who may be members of a merits review panel and increasing the number of members from four to five. Furthermore, it mandates that explanatory statements for legislative instruments subject to section 42 must contain a statement of compatibility prepared under the Human Rights (Parliamentary Scrutiny) Act 2011. The Act commenced on 7 December 2011, with certain provisions aligning with the commencement of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 on 4 January 2012. The scope of the Act is confined to specified legislative instruments and does not extend to other entities or industries outside the scope of these Acts.
Key Provisions
The Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Act 2011 (section 1) provides the legislative framework for addressing consequential matters arising from the Human Rights (Parliamentary Scrutiny) Act 2011. The Act commenced on 7 December 2011 for most of its provisions (section 2(1)), with some provisions starting on 4 January 2012 (section 2(1)(3)). Schedule 1 outlines specific amendments to the Administrative Appeals Tribunal Act 1975 and the Legislative Instruments Act 2003, among others, to ensure consistency and integration with the Human Rights (Parliamentary Scrutiny) Act 2011.
The Act imposes certain obligations on the entities it governs. For instance, section 1 of Schedule 1 amends the Administrative Appeals Tribunal Act 1975 to include the President of the Australian Human Rights Commission in the list of individuals who can be appointed as members of the Tribunal (section 49(1)(b)). Additionally, it modifies the composition of the Tribunal by increasing the number of members from four to five (section 56(4)). Furthermore, the Legislative Instruments Act 2003 is amended to require explanatory statements in legislative instruments to include a statement of compatibility if they are subject to section 42 of the Human Rights (Parliamentary Scrutiny) Act 2011 (section 4(e)(ea)).
Breaching the provisions of this Act can result in various civil and criminal consequences, although specific penalties are not detailed within the Act itself. For instance, non-compliance with the amended Administrative Appeals Tribunal Act 1975 could lead to procedural errors or challenges in the tribunal’s operations, while failure to adhere to the Legislative Instruments Act 2003 amendments might result in legislative instruments being deemed invalid or incomplete. These consequences underscore the importance of adhering to the legislative requirements set forth by the Human Rights (Parliamentary Scrutiny) (Consequential Provisions) Act 2011 to maintain the integrity and functionality of the related legal frameworks.