25
Standing Committee on Constitutional and Legal Affairs that a committee be
established to maintain a watching brief on all Bills introduced into the Parliament.
The work of the Committee is governed by Senate Standing Order 24 and the 5
principles set out in that order. The Committee reports to the Senate on whether
Bills
trespass unduly on personal rights and liberties
make rights, liberties, or obligations unduly dependent upon insufficiently
defined administrative powers
make such rights, liberties, or obligations unduly dependent upon non-
reviewable decisions
inappropriately delegate legislative powers
insufficiently subject the exercise of legislative power to Parliamentary
scrutiny.
44
The Committee examines Bills introduced into either the House of Representatives
or the Senate and reports on them in an Alert Digest. The Committees co mments
are drawn to the attention of the responsible Minister, whose response is then
reproduced in a subsequent report by the Committee. Bills are amended as a result
of the Committees criticism and the Senates comments on a Bill are a matter of
public record. The sorts of matters commented on include provisions that operate
retrospectively, override the privilege against self-incrimination, reverse the onus
of proof in criminal proceedings or create strict liability offences, allow search and
seizure without warrant, confer on administrators ill-defined and wide powers,
exclude or limit or do not provide for judicial review or merits review, authorise
delegated legislation to override primary legislation (He nry VIII clauses), allow
for important matters to be determined by delegated legislation, allow taxes and
levies to be fixed by delegated legislation, or allow subordinate legislation to deal
with a matter by adopting other material (incorporation by reference). It is part of