9 May 1991 Our ref: DM 91/092 The Hon. Michael Duffy MP CC: Senator Hon.. Nick Bolkus Attorney-General Minister for Parliament House Administrative Services Canberra A.C.T. 2600 Parliament House Canberra A.C.T. 2600 Dear Attorney By letter on 20 March I indicated to your colleague the Minister for Administrative Services that I had serious the consistency of the Government's concerns regarding proposal to ban political advertising in international the electronic media with Australia's treaty obligations. In particular, I was concerned with obligations flowing from our ratification of the International Covenant on Civil and Political Rights (ICCPR), which is incorporated in Federal legislation in the Human Rights and Equal Opportunity Commission 1986 (HREOC Act) and by reference to which this Commission has a Act number of functions. My letter and a short statement which I sent to your office also indicated that I would, on receipt of details from the Government of the decision taken by Cabinet. consider what, if any, further action should be taken or avoided to ensure that Australia complies with its obligations at international law and advise the Government accordingly. Senator Bolkus wrote to me on 26 March in terms which, while promising cooperation, indicated that no information beyond his press release of 19 March would be available to me at that point. No further information has been provided to me on a formal basis, although I am aware of a number of statements by Senator Bolkus in response to questions in Parliament. Section 14 of the HREOC Act states that, for purposes of the performance of its functions, "the Commission may make an examination or hold an inquiry in such manner as it thinks fit". Having carefully considered the information available, I am satisfied that a complete ban on political advertising on radio and television as proposed would clearly constitute a breach of our obligations under the ICCPR. I thought it would be more useful to the Government (given your responsibilities with respect to legislation) to advise you accordingly at this point, rather than awaiting the development of legislation along lines impermissible under the Covenant. 5218 Sydney NSW 2001 Human Rights and Equal Opportunity Commission Level 24 American Express Building 388 George St Sndney NSW 2000 GPO Box Telephone: 229 7600 Facsimile 229 7611
9 May 1991 Our ref: DM 91/092 The Hon. Michael Duffy MP Attorney-General Parliament House Canberra A.C.T. 2600 Dear Attorney CC: Senator Hon.. Nick Bolkus Minister for Administrative Services Parliament House Canberra A.C.T. 2600 By letter on 20 March I indicated to your colleague the Minister for Administrative Services that I had serious concerns regarding the consistency of the Government's proposal to ban political advertising in the electronic media with Australia's international treaty obligations. In particular, I was concerned with obligations flowing from our ratification of the International Covenant on Civil and Political Rights (ICCPR), which is incorporated in Federal legislation in the Human Rights and Equal Opportunity Commission Act 1986 (HREOC Act) and by reference to which this Commission has a number of functions. My letter and a short statement which I sent to your office also indicated that I would, on receipt of details from the Government of the decision taken by Cabinet. consider what, if any, further action should be taken or avoided to ensure that Australia complies with its obligations at international law and advise the Government accordingly. Senator Bolkus wrote to me on 26 March in terms which, while promising cooperation, indicated that no information beyond his press release of 19 March would be available to me at that point. No further information has been provided to me on a formal basis, although I am aware of a number of statements by Senator Bolkus in response to questions in Parliament. Section 14 of the HREOC Act states that, for purposes of the performance of its functions, "the Commission may make an examination or hold an inquiry in such manner as it thinks fit". Having carefully considered the information available, I am satisfied that a complete ban on political advertising on radio and television as proposed would clearly constitute a breach of our obligations under the ICCPR. I thought it would be more useful to the Government (given your responsibilities with respect to legislation) to advise you accordingly at this point, rather than awaiting the development of legislation along lines impermissible under the Covenant. Human Rights and Equal Opportunity Commission Level 24 American Express Building 388 George St Sndney NSW 2000 GPO Box 5218 Sydney NSW 2001 Telephone: 229 7600 Facsimile 229 7611
91.05.09%20Political%20advertising%20first%20letter%20to%20Ministers.docx