Stephen Parry (Tasmania, Liberal Party) Share this | Hansard source

I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows

SELECTION OF BILLS COMMITTEE

REPORT NO. 12 OF 2006

(1)

The committee met in private session on Wednesday, 18 October 2006 at 4.17 pm.

(2)

The committee considered proposals relating to the Medibank Private Sale Bill 2006 and resolved to recommend that the provisions of the bill be referred for inquiry and report by 27 November 2006, but was unable to agree on the committee to which the bill should be referred (see appendices 1 to 3 for statements of reasons for referral).

(3)

The committee resolved to recommend—That upon its introduction in the House of Representatives the provisions of the Copyright Amendment Bill 2006 be referred to the Legal and Constitutional Affairs Committee for inquiry and report by 10 November 2006 (see appendix 4 for a statement of reasons for referral).

(4)

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

• Broadcasting Services Amendment (Collection of Datacasting Transmitter Licence Fees) Bill 2006
• Crimes Amendment (Victim Impact Statements) Bill 2006
• Datacasting Transmitter Licence Fees Bill 2006
• Inspector of Transport Security Bill 2006
• Inspector of Transport Security (Consequential Provisions) Bill 2006
• Maritime Legislation Amendment (Prevention of Pollution from Ships) Bill 2006
• Migration Amendment (Border Integrity) Bill 2006
• Migration Legislation Amendment (Enabling Permanent Protection) Bill 2006.

The committee recommends accordingly.

(5)

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

• Australian Securities and Investments Commission Amendment (Audit Inspection) Bill 2006.

(Jeannie Ferris)

Chair

19 October 2006

Appendix 1

Proposal to refer a bill to a committee

Name of bill(s):

Medibank Private Sale Bill 2006

Reasons for referral/principal issues for consideration:

To examine the provisions of the bill relating to the sale of Medibank Private to ascertain

• if the Government is entitled to cash out the value that has built up in a not for profit structure or whether it belongs to the policy holders,
• what effect the sale would have on competition and the efficiency of the private health insurance sector as a whole
• whether there will be differential effects across the various states and territories
• what impact the sale may have on health insurance
• the implications for access and equity in healthcare for all Australians.

Possible submissions or evidence from:

Australian Health Insurance Association

Australian Private Hospitals Association

Private Health Insurance Administration Council

Australian Competition and Consumer Commission

Australian Consumers Association/CHOICE

Australian Medical Association

Doctors Reform Society

Health Issues Centre

Catholic Health Australia

Anglicare

Public Health Association of Australia

Professor Stephen Duckett, Professor of Health Policy, Dean of the Faculty of Health Sciences

Professor John Deeble

Professor Stephen Leeder

Dr Ken Harvey

Other private health insurance funds

Committee to which bill is to be referred:

Community Affairs Committee

Possible hearing date(s):

Possible reporting date: 20 March 2007

Appendix 2

Proposal to refer a bill to a committee

Name of bill(s):

Medibank Private Limited Sale Bill 2006

Reasons for referral/principal issues for consideration

Statement of reasons for introduction and passage in the 2006 spring sittings

Purpose of the bill

The purpose of the bill is to remove a statutory prohibition on the sale of Medibank Private Limited’s shares, and to implement other measures appropriate to facilitate the sale of the Company.

Reasons for Urgency

On 12 September 2006, the Government announced its intention to sell Medibank Private Limited through a share market float in 2008. The legislation is essential to the sale of the Commonwealth’s shares in Medibank Private Limited, and the sale timetable is dependent upon the legislation being enacted.

(Circulated by authority of the Minister for Finance and Administration, Senator the Hon. Nick Minchin)

Possible submissions or evidence from:

Committee to which bill is referred:

Finance and Public Administration Committee

Possible hearing date:

Possible reporting date(s):

Appendix 3

Proposal to refer a bill to a committee

Name of bill(s):

Medibank Private Limited Sale Bill 2006

Reasons for referral/principal issues for consideration

Including:

• Impact on PHI premiums
• Impact on Medibank members and current policy entitlements
• Impact of sale on members’ entitlements
• Impact of state by state competition in both insurance and hospital market.

Possible submissions or evidence from:

AHIA, funds, previous commissions, AMA, Catholic Health, DOHA, Private Hospitals Association

Committee to which bill is referred:

Community Affairs Committee

Possible hearing date:

Possible reporting date(s): 7 December 2006

Appendix 4

Proposal to refer a bill to a committee

Name of bill(s):

Copyright Amendment Bill 2006

Reasons for referral/principal issues for consideration

Statement of reasons for introduction and passage in the 2006 spring sittings

Purpose of the bill

The bill contains provisions to implement Australia’s remaining obligations under the Australia-United States Free Trade Agreement (AUSFTA) concerning intellectual property rights. It creates a liability scheme for certain activities relating to the circumvention of “effective technological measures”. These measures help protect copyright owners from piracy and will encourage the increased availability to consumers of copyright materials in digital form.

The AUSFTA sets out a number of permissible exceptions to the liability scheme for:

• interoperability of software
• studying encryption technology
• testing security of computer networks
• identifying and disabling “spyware”
• security, law enforcement and similar governmental purposes, and
• access for acquisition decisions by libraries, archives and educational institutions.

The AUSFTA also provides for additional limited exceptions where the case for such an exception has been demonstrated. The bill amends the Copyright Act 1968 to give effect to the liability scheme and the exceptions. Additional limited exceptions will be included in the Copyright Regulations on a case by case basis. A number will be included as a result of the House of Representatives Standing Committee on Legal and Constitutional Affairs “Review of TPM Exceptions”.

The bill also implements the outcomes of several copyright reviews conducted by the government in 2005-06, including the outcome of the “Fair Use Review” and the review of protection for encoded broadcasts. The bill also extends the jurisdiction of the Copyright Tribunal, makes amendments so that Australia can accede to the World Intellectual Property Organization Internet treaties and makes a range of changes to the enforcement provisions in the Copyright Act.

Reasons for Urgency

The Australia-United States Free Trade Agreement came into force on 1 January 2005. However, an additional two year period was granted for the commencement of the provisions relating to the liability scheme for the circumvention of effective technological measures. Those provisions, which will be given effect to by this bill, must commence on I January 2007.

(Circulated by authority of the Attorney-General)

Possible submissions or evidence from:

Committee to which bill is referred:

Legal and Constitutional Affairs Committee

Possible hearing date:

Possible reporting date(s): 10 November 2006