Senate debates

Thursday, 30 October 2014

Committees

Selection of Bills Committee; Report

12:25 pm

Photo of David BushbyDavid Bushby (Tasmania, Liberal Party) Share this | | Hansard source

I present the 14th report of 2014 of the Selection of Bills Committee.

Ordered that the report be adopted.

I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows—

SELECTION OF BILLS COMMITTEE

REPORT NO. 14 OF 2014

1. The committee met in private session on Wednesday, 29 October 2014 at 7.21 pm.

2. The committee resolved to recommend—That—

(a) the provisions of the Acts and Instruments (Framework Reform) Bill 2014 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 25 November 2014 (see appendix 1 for a statement of reasons for referral);

(b) the provisions of the Australian Citizenship and Other Legislation Amendment Bill 2014 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 1 December 2014 (see appendix 2 for a statement of reasons for referral);

(c) the provisions of the Broadcasting and Other Legislation Amendment (Deregulation) Bill 2014 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 9 February 2015 (see appendix 3 for a statement of reasons for referral);

(d) the provisions of the Customs Amendment (Japan-Australia Economic Partnership Agreement Implementation) Bill 2014 and the Customs Tariff Amendment (Japan-Australia Economic Partnership Agreement Implementation) Bill 2014 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 27 November 2014 (see appendix 4 for a statement of reasons for referral);

(e) the provisions of the Freedom of Information Amendment (New Arrangements) Bill 2014 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 25 November 2014 (see appendices 5 and 6 for a statement of reasons for referral);

(f) contingent upon its introduction in the House of Representatives, the provisions of the Tax and Superannuation Laws Amendment (2014 Measures No. 6) Bill 2014 be referred immediately to the Economics Legislation Committee for inquiry and report by 25 November 2014 (see appendix 7 for a statement of reasons for referral); and

(g) the provisions of the Telecommunications Legislation Amendment (Deregulation) Bill 2014 and the Telecommunications (Industry Levy) Amendment Bill 2014 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 9 February 2015 (see appendix 8 for a statement of reasons for referral).

3. The committee resolved to recommend—That the following bills not be referred to committees:

• Albury-Wodonga Development Corporation (Abolition) Bill 2014

• Amending Acts 1970 to 1979 Repeal Bill 2014

• Building Energy Efficiency Disclosure Amendment Bill 2014

• Omnibus Repeal Day (Spring 2014) Bill 2014

• Statute Law Revision Bill (No. 2) 2014.

The committee recommends accordingly.

4. The committee considered the following bill but was unable to reach agreement:

• Counter-Terrorism Legislation Amendment Bill (No. 1) 2014

5 The committee deferred consideration of the following bills to its next meeting:

• Australian War Memorial Amendment Bill 2014

Civil Law and Justice Legislation Amendment Bill 2014

• Corporations Amendment (Publish What You Pay) Bill 2014

• Corporations Legislation Amendment (Deregulatory and Other Measures) Bill 2014

• Export Finance and Insurance Corporation Amendment (Direct Lending and Other Measures) Bill 2014

• Mining Subsidies Legislation Amendment (Raising Revenue) Bill 2014

• Motor Vehicle Standards (Cheaper Transport) Bill 2014

• Save Our Sharks Bill 2014

Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2014

• Treasury Legislation Amendment (Repeal Day) Bill 2014.

5. The committee deferred consideration of the following bills to its next meeting:

•   Australian War Memorial Amendment Bill 2014

•   Civil Law and Justice Legislation Amendment Bill 2014

•   Corporations Amendment (Publish What You Pay) Bill 2014

•   Corporations Legislation Amendment (Deregulatory and Other Measures) Bill 2014

•   Export Finance and Insurance Corporation Amendment (Direct Lending and Other Measures) Bill 2014

•   Mining Subsidies Legislation Amendment (Raising Revenue) Bill 2014

•   Motor Vehicle Standards (Cheaper Transport) Bill 2014

•   Save Our Sharks Bill 2014

•   Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2014

•   Treasury Legislation Amendment (Repeal Day) Bill 2014.

(David Bushby)

Chair

30 October 2014

APPENDIX 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Acts and Instruments (Framework Reform) Bill 2014

Reasons for referral/principal issues for consideration:

To ensure proper scrutiny of this Bill and its potential implications.

Possible submissions or evidence from:

Relevant agencies, stakeholder groups and the public.

Committee to which bill is to be referred:

Senate Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

26 November 2014

(signed)

Senator Moore

APPENDIX 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Australian Citizenship and Other Legislation Amendment Bill 2014

Reasons for referral/principal issues for consideration:

To allow detailed consideration of the provisions of the Bill to ensure it does not have unintended adverse consequences.

To facilitate public submissions to ensure stakeholders views can be taken into account.

Possible submissions or evidence from:

Department of Immigration and Border Protection

Immigration stakeholders

Committee to which bill is to be referred:

Senate Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

Monday 1 December 2014

(signed)

Senator Moore

APPENDIX 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Broadcasting and Other Legislation Amendment Bill 2014

Reasons for referral/principal issues for consideration:

The removal of auditing requirements for Australian content has the potential to significantly impact the amount of Australian content in the local broadcast media landscape. In addition, there are significantly concerns over the legislation's change to captioning requirements. Both have the potential to significantly impact the viewing experience of Australian television content for local audiences.

Possible submissions or evidence from:

Television stations (Seven, Nine, Ten, ABC, SBS),

Consumer groups such as CHOICE.

User groups of captioning services.

Media diversity and competition academics.

Committee to which bill is to be referred:

Senate Environment and Communications Legislation Committee

Possible hearing date(s):

28 November

Possible reporting date:

February 9, 2015

(signed)

Senator Siewert

APPENDIX 4

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Customs Amendment (Japan-Australia Economic Partnership Agreement Implementation) Bill 2014

Customs Tariff Amendment (Japan-Australia Economic Partnership Agreement Implementation) Bill 2014

Reasons for referral/principal issues for consideration:

To enable thorough scrutiny of the provisions of the legislation.

To supplement the inquiry of the Joint Standing Committee on Treaties into the Agreement.

Possible submissions or evidence from:

Department of Foreign Affairs and Trade

Australian Customs and Border Protection Service

Customs Brokers and Forwarders Council of Australia

Export Council of Australia

Other industry groups and businesses affected by the Bill [see the Senate Legal and Constitutional Affairs Legislation Committee inquiry into the Customs Amendment (Korea-Australia Free Trade Agreement Implementation) Bill 2014]

Committee to which bill is to be referred:

Senate Foreign Affairs, Defence and Trade Legislation Committee.

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

Monday 1 December 2014

(signed)

Senator Moore

APPENDIX 5

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Freedom of Information Amendment (New Arrangements) Bill 2014

Reasons for referral/principal issues for consideration:

To ensure proper scrutiny of this Bill and its potential implications.

Possible submissions or evidence from:

Relevant agencies, stakeholder groups and the public.

Committee to which bill is to be referred:

Senate Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

To be determined by the Committee

Possible reporting date:

26 November 2014

(signed)

Senator Moore

APPENDIX 6

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Freedom of Information Amendment (New Arrangements) Bill 2014

Reasons for referral/principal issues for consideration:

The disbanding of the Office of the Australian Information Commissioner will result in a lack of independent review and no statutory body advocating on behalf of information access and open and transparent government. It will result in unaffordable review processes via the AAT. The implications of this bill on the democratic process and on the ability of the media and NGOs to review the decisions of government are unknown and a committee inquiry will help identify them.

Possible submissions or evidence from:

Media Entertainment and Arts Alliance

NSW Council of Civil Liberties

Office of the Australian Information Commissioner

Right to Know

Media organisations eg. The Guardian, Fairfax, New Matilda, The Australian.

Human Rights Law Centre

Committee to which bill is to be referred:

Senate Finance and Public Administration Legislation Committee

Possible hearing date(s):

November 4

Possible reporting date:

4 December 2014

(signed)

Senator Siewert

APPENDIX 7

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Tax and Superannuation Laws Amendment (2014 Measures No.6) Bill 2014

Reasons for referral/principal issues for consideration:

Consider the appropriate rate of indexation for fuel and ensure fuel tax credit provisions operate efficiently (schedule 4), as do grants calculated by reference to the duty rates (schedule 5).

Ensure that amendments have been effectively designed to remove tax impediments to certain business restructures (schedule 1), provide certainty for foreign pension fund investments in Australian managed investment trusts (schedule 2) and implement tax aspects of the Force Posture Agreement with the United States (schedule 3).

Possible submissions or evidence from:

Australian Chamber of Commerce and Industry

Business Council of Australia

Australian Trucking Association

National Farmers Federation

Minerals Council of Australia

Department of the Treasury

Australian Taxation Office

Committee to which bill is to be referred:

Senate Economics Legislation Committee

Possible hearing date(s):

To be determined by the committee.

Possible reporting date:

24 November 2014

(signed)

Senator Fifield

APPENDIX 8

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Telecommunications Legislation Amendment (Deregulation Bill 2014

Telecommunications (Industry Levy) Amendment Bill 2014

Reasons for referral/principal issues for consideration:

This bill contains a number of legislative changes which have the potential to significantly change the operation of the telecommunications industry. Especially concerning is Schedule 5, which will remove a requirement for telcos to divulge the number of warrantless metadata requests they receive from law enforcement agencies. In order to ensure regulatory stability in the telecommunications industry and transparency of warrantless requests, the industry and consumers must be able to provide feedback on this bill in detail.

Possible submissions or evidence from:

Telecommunications industry (eg Telstra, Optus, iiNet, Vodafone)

Consumer representatives (eg ACCAN, Choice)

Civil liberties organisations (eg Civil Liberties Australia, the NSW Council of Civil Liberties

Committee to which bill is to be referred:

Senate Environment and Communications Legislation Committee

Possible hearing date(s):

28 November

Possible reporting date:

February 9, 2015

(signed)

Senator Siewert

Photo of Mitch FifieldMitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | | Hansard source

I move the following amendment in respect of the Counter-Terrorism Legislation Amendment Bill (No. 1) 2014:

That the bill not be referred to committees.

Photo of Rachel SiewertRachel Siewert (WA, Australian Greens) Share this | | Hansard source

The Greens do not agree that that bill should not be referred. We did refer it. We think that the Senate committee should be looking into that particular bill on provisions. We are very disappointed that the Senate is deciding not to refer it, so we would like to note our dissent from that call by the Selection of Bills Committee. I obviously did not sway the committee in my arguments last night, and I do not think I will sway the Senate in the arguments now. I do not wish to delay the business of the Senate but I would like it recorded that we dissent from the agreement between Labor and the government that it should not be sent to committee.

12:27 pm

Photo of Gavin MarshallGavin Marshall (Victoria, Deputy-President) Share this | | Hansard source

The question is that Senator Fifield's amendment be agreed to.

Question agreed to.

The question now is that the motion moved by Senator Bushby be agreed to.

Question agreed to.