House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Housing and Assistant Treasurer, the Hon Michael Sukkar)

Chapter 6 - Statement of Compatibility with Human Rights

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

Genuine redundancy payments and early retirement scheme payments alignment with pension age

6.1 Schedule 1 to the 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

6.2 Schedule 1 to the Bill amends the tax law to extend concessional taxation treatment for genuine redundancy and early retirement scheme payments made to individuals that are 65 years or older provided the dismissal or retirement occurs before they reach pension age.

Human rights implications

6.3 Schedule 1 to the Bill does not engage any of the applicable rights or freedoms.

Conclusion

6.4 Schedule 1 to the Bill is compatible with human rights as it does not raise any human rights issues.

Luxury Car Tax Refund Entitlements

6.5 Schedule 2 to the 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

6.6 Schedule 2 to the Bill amends the LCT Act to increase the amount of refund that eligible primary producers and tourism operators can receive when LCT is borne on the supply or import of an eligible vehicle.

6.7 The amount of the refund available to an eligible primary producer or tourism operator who has purchased or imported an eligible vehicle is equal to the lesser of:

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the amount of LCT borne by the primary producer or tourism operator on the supply or importation of the vehicle; and

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$10,000.

Human rights implications

6.8 Schedule 2 to the Bill does not engage any of the applicable rights or freedoms.

Conclusion

6.9 Schedule 2 to the Bill is compatible with human rights as it does not raise any human rights issues.

Australian Energy Regulator Board Expansion

6.10 Schedule 3 to the 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

6.11 Schedule 3 to the Bill makes a number of amendments to the size and operation of the board of the Australian Energy Regulator. Specifically, it:

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increases the size of the Australian Energy Regulator board to five members (two Commonwealth members and three State/Territory members);

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allows for the appointment of a Deputy Chair to exercise the powers of the Chair of the board in the Chair's absence;

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enables the Chair to establish Divisions of the Australian Energy Regulator board, which may exercise functions and powers of the board in relation to a matter;

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provides that all board members will be associate ACCC members, in place of the current requirement that the Commonwealth board member is also a full member of the ACCC; and

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provides that Members need not be nominated in accordance with the Australian Energy Market Agreement. This is necessary to allow for the board to have five members, and to allow for Commonwealth members to be appointed without being nominated by the Chair of the ACCC.

Human rights implications

6.12 Schedule 3 to the Bill does not engage any of the applicable rights or freedoms.

Conclusion

6.13 Schedule 3 to the Bill compatible with human rights as it does not raise any human rights issues.

Consumer Data Right-Deletion Requests

6.14 Schedule 4 to the 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

6.15 Schedule 4 to the Bill amends the Competition and Consumer Act 2010 to require the ACCC, when it makes consumer data rules, to include a requirement that an accredited data recipient of CDR data delete all or part of the CDR data in response to a valid request by a CDR consumer.

Human rights implications

6.16 Schedule 4 to the Bill positively engages the right to protection from unlawful or arbitrary interference with privacy under Article 17 of the International Covenant on Civil and Political Rights because it further strengthens the privacy and information security provisions in the CDR.

Conclusion

6.17 Schedule 4 to the Bill is compatible with human rights as it supports, rather than limits, human rights.

Interest on superannuation payments by the Commissioner of Taxation

6.18 Schedule 5 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

6.19 Schedule 5 amends the Superannuation (Unclaimed Money and Lost Members) Act 1999 to allow the Commissioner to pay interest on amounts held by the Commissioner that are proactively reunified with a person's active superannuation account.

6.20 Schedule 5 to the Bill also amends the Superannuation (Unclaimed Money and Lost Members) Regulations 1999 to prescribe a rate of interest payable on inactive low balance accounts that are being reunited with a member, beneficiary or superannuation account.

Human rights implications

6.21 Schedule 5 does not engage any of the applicable rights or freedoms.

Conclusion

6.22 Schedule 5 is compatible with human rights as it does not raise any human rights issues.