House of Representatives

Replacement Explanatory Memorandum

(Circulated by authority of the Minister for Local Government and Territories, Senator the Hon Fiona Nash)

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Statute Update (A.C.T. Self-Government (Consequential Provisions) Regulations) Bill 2016

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

Overview of the Bill/Legislative Instrument

The Bill would amend a number of Commonwealth Acts to incorporate modifications made by the ASGR, and enable the repeal of certain provisions of the ASGR.

Human rights implications

Schedule 1, Part 1

The ASGR made modifications to a number of Commonwealth Acts following the establishment of self-government in the ACT (Schedule 1 of the ASGR refers). While some of the modifications made by Schedule 1 of the ASGR were incorporated into the primary legislation, others were not. The proposed amendments of Acts follow the previous modifications made by Schedule 1 to the ASGR to relevant Commonwealth Acts, and do not engage any applicable human rights.

Schedule 1, Part 2

The proposed repeal of Regulation 2 and Schedule 1 of the ASGR does not engage any applicable human rights. Repeal of Regulation 2 of the ASGR, which gives effect to Schedule 1 of the ASGR, would provide clarity and make regulation more easily accessible to users of legislation.

Conclusion

This Bill is compatible with human rights as it does not raise any human rights issues.