16th May 2024, 7:19 PM – Senate Attorney-General's Portfolio Miscellaneous Measures Bill 2023 - Second Reading - Consideration of UN conventions

The majority voted against amendments introduced by Victorian Senator Lidia Thorpe (Independent), which means it failed.

Amendment text

SHEET 2442

(1) Schedule 4, page 55 (after line 18), after Part 2, insert:

Part 2B — Consideration of UNDRIP

Human Rights (Parliamentary Scrutiny) Act 2011

10C Subsection 3(1) (after paragraph (g) of the definition of human rights )

Insert:

; (h) the Declaration on the Rights of Indigenous Peoples adopted by the General Assembly of the United Nations as General Assembly Resolution 61/295 on 13 September 2007.

10D Subsection 3(1) (note to the definition of human rights )

Omit "Note", substitute "Note 1".

10E Subsection 3(1) (at the end of the definition of human rights , after the note)

Add:

Note 2: The text of United Nations General Assembly resolutions could in 2024 be accessed through the United Nations' website (https://www.un.org).

SHEET 2486

(1) Schedule 4, page 55 (after line 18), after Part 2, insert:

Part 2C — Removal of requirement for Attorney-General's consent to commence proceedings for certain offences

Criminal Code Act 1995

10F Sections 270.3B, 273B.6 and 274.3 of the Criminal Code

Repeal the sections.

10G Application of amendments

The repeal of sections 270.3B, 273B.6 and 274.3 of the Criminal Code by this Part applies to proceedings for an offence commenced on or after the commencement of this Part, whether the offence to which the proceedings relate is alleged to have been committed before, on or after that commencement.

SHEET 2510

(1) Schedule 4, page 55 (after line 18), after Part 2, insert:

Part 2D — Consideration of Refugees Convention and Protocol

Human Rights (Parliamentary Scrutiny) Act 2011

10G Subsection 3(1) (before paragraph (a) of the definition of human rights )

Insert:

(aaa) the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 ([1954] ATS 5);

(aa) the Protocol relating to the Status of Refugees done at New York on 31 January 1967 ([1973] ATS 37);

SHEET 2592

(1) Schedule 4, page 55 (after line 18), after Part 2, insert:

Part 2E — Consideration of Universal Declaration of Human Rights

Human Rights (Parliamentary Scrutiny) Act 2011

10H Subsection 3(1) (before paragraph (a) of the definition of human rights )

Insert:

(aaaa) the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations as General Assembly Resolution 217 A (III) on 10 December 1948;

10J Subsection 3(1) (note to the definition of human rights )

Omit "Note", substitute "Note 1".

10K Subsection 3(1) (at the end of the definition of human rights , after the note)

Add:

Note 2: The text of United Nations General Assembly resolutions could in 2024 be accessed through the United Nations' website (https://www.un.org).