Subitem 35(3) would have the effect that the amendments made by item 34 would allow the publishing of: • an offence against the Act for which a person is convicted, whether or not the conviction occurred before, on or after the commencement of the bill; and • an order under Part 3 of the Act that was given to a person by the minister either before, on or after the commencement of the bill. [...] 18 Scrutiny Digest 6/21 outweighs the potential adverse consequences to the individuals concerned; and • the power in new subsection 33(4) would be discretionary, and as such the Minister would retain the ability to decide not to publish any of the information set out above if they consider that, in the particular circumstances, the potential adverse consequences of publishing the information outw. [...] In relation to the granting of a visa, the committee understands the power referred to by the Minister is set out in section 195A of the Migration Act.29 The statement of compatibility states that the minister may intervene to grant a visa 'if the minister thinks it is in the public interest to do so' and that 'what is and what is not in the public interest is for the minister to decide'.30 1.64 T. [...] Proposed subsection 65G(5) of the Bill imposes an obligation on the Minister to cause the report of the review to be published on the Department's website as soon as practicable after the report is given to the Minister. [...] Furthermore, if a standard is varied as a result of the review, then the instrument of variation will be subject to parliamentary scrutiny and the disallowance regime of the Legislation Act 2003 (as the exemption from the disallowance process only applies to the first standard made in relation to a particular matter under proposed subsection 65C(3)) thereby ensuring parliamentary scrutiny of the m.
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- 109
- Published in
- Australia
