Contents
1............ Short title............................................................................................. 1
2............ Commencement................................................................................... 1
3............ Schedules............................................................................................ 2
Schedule 1—Amendments 3
Human Rights (Parliamentary Scrutiny) Act 2011 3
A Bill for an Act to amend the Human Rights (Parliamentary Scrutiny) Act 2011, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act is the Human Rights (Parliamentary Scrutiny) Amendment (Australian Freedoms) Act 2019.
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 3 |
| Provisions | 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. |
| 2. Schedule 1 | The day after this Act receives the Royal Assent. | |
Note: This table relates only to the provisions of this Act as originally enacted.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 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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
Human Rights (Parliamentary Scrutiny) Act 2011
1 Subsection 3(1)
Insert:
Australian freedoms mean the constitutional and common law protection of property rights and the following personal rights and liberties which exist under the International Covenant on Civil and Political Rights:
(a) freedom of opinion;
(b) freedom of speech;
(c) the right to life;
(d) the right to protection of the family;
(e) freedom of thought, conscience and religion;
(f) the prohibition against torture;
(g) the prohibition against retrospective criminal laws.
2 Section 7
After “human rights” (wherever occurring), insert “and Australian freedoms”.
3 Subsection 8(3)
Omit the subsection, substitute:
(3) A statement of compatibility must:
(a) include an assessment of whether the Bill is compatible with human rights and Australian freedoms; and
(b) specifically address how the Bill protects Australian freedoms; and
(c) explain how the bill ensures the protection of Australian freedoms is given priority over other human rights.
4 Subsection 9(2)
Omit the subsection, substitute:
(2) A statement of compatibility must:
(a) include an assessment of whether the legislative instrument is compatible with human rights and Australian freedoms; and
(b) specifically address how the legislative instrument protects Australian freedoms; and
(c) explain how the legislative instrument ensures the protection of Australian freedoms is given priority over other human rights.