Explanatory Memorandum
(Circulated by authority of the Attorney-General, Senator the Honourable George Brandis QC)Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Law and Justice Legislation Amendment (Northern Territory Local Court) Bill 2016
8. 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
9. The Bill is an omnibus bill which would make minor, technical and uncontroversial amendments to the Acts Interpretation Act 1901 and other Commonwealth legislation to ensure that jurisdiction and powers currently being exercised under Commonwealth legislation by Northern Territory Local Court Magistrates may continue to be validly exercised after the Local Court Act 2015 (NT) commences.
10. This Bill would amend the following Acts: the Acts Interpretation Act 1901, the Bankruptcy Act 1966, the Customs Act 1901, the Environment Protection and Biodiversity Conservation Act 1999, the Excise Act 1901, the Export Control Act 1982, the Extradition Act 1988, the Fair Work Act 2009, the High Court of Australia Act 1979, the Inspector-General of Intelligence and Security Act 1986, the International War Crimes Tribunals Act 1995, the Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012, the Law Enforcement Integrity Commissioner Act 2006, the Marriage Act 1961 and the Mutual Assistance in Criminal Matters Act 1987, the Quarantine Act 1908, and the Royal Commissions Act 1902. The Bill would also amend the A.C.T. Self-Government (Consequential Provisions) Regulations.
Human rights implications
11. The Bill does not engage any of the applicable rights or freedoms.
12. All persons have the right to an effective remedy and a fair trial or hearing. This is ensured by having a competent and independent judiciary, including rights of appeal and review of judicial decisions, and a well-functioning court administration. This Bill would not alter any substantive right of litigants as they currently exist nor would it alter any of the substantive powers of the judiciary. The Bill would preserve the existing jurisdiction of the Northern Territory Local Court and therefore would not impact on the existing rights to an effective remedy and a fair trial or hearing. The Bill would ensure that these rights are maintained and promoted.
Conclusion
13. The Bill is compatible with human rights as it does not raise any human rights issues. The Bill would maintain and promote the right to an effective remedy and a fair trial or hearing.