Senate debates

Thursday, 4 July 2019

Committees

Selection of Bills Committee; Report

11:46 am

Photo of Dean SmithDean Smith (WA, Liberal Party) Share this | Hansard source

I present the second report for 2019 of the Selection of Bills Committee and seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows—

Selection of Bills Committee

Report no. 2 of 2019

1. The committee met in private session on Wednesday, 3 July 2019 at 7.33 pm.

2. The committee recommends that—

(a) contingent on restoration, the Coal-Fired Power Funding Prohibition Bill 2017 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 2 December 2019 (see appendix 1 for a statement of reasons for referral);

(b) contingent on restoration, the Competition and Consumer Amendment (Prevention of Exploitation of Indigenous Cultural Expressions) Bill 2019 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 5 December 2019 (see appendix 2 for a statement of reasons for referral);

(c) contingent on restoration, the Ministers of State (Checks for Security Purposes) Bill 2019 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 11 November 2019 (see appendix 3 for a statement of reasons for referral);

(d) contingent on restoration, the Murray-Darling Basin Commission of Inquiry Bill 2019 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 19 September 2019 (see appendix 4 for a statement of reasons for referral);

(e) contingent upon introduction in the House of Representatives, the provisions of the Criminal Code Amendment (Agricultural Protection) Bill 2019 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 6 September 2019 (see appendix 5 for a statement of reasons for referral);

(f) contingent upon introduction in the House of Representatives, the provisions of the Customs Amendment (Immediate Destruction of Illicit Tobacco) Bill 2019 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 19 July 2019 (see appendix 6 for a statement of reasons for referral);

(g) contingent upon introduction in the House of Representatives, the provisions of the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 be referred immediately to the Education and Employment Legislation Committee for inquiry and report by 25 October 2019 (see appendix 7 for a statement of reasons for referral);

(h) contingent upon introduction in the House of Representatives, the provisions of the Fair Work Laws Amendment (Proper Use of Work Benefits) Bill 2019 referred immediately to the Education and Employment Legislation Committee for inquiry and report by 25 October 2019 (see appendix 8 for a statement of reasons for referral);

(i) contingent upon introduction in the House of Representatives, the provisions of the Migration Amendment (Repairing Medical Transfers) Bill 2019 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 18 October 2019 (see appendix 9 for a statement of reasons for referral);

(j) contingent upon introduction in the House of Representatives, the provisions of the Migration Amendment (Strengthening the Character Test) Bill 2019 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 13 September 2019 (see appendix 10 for a statement of reasons for referral);

(k) contingent upon introduction in the House of Representatives, the provisions of the Migration Legislation Amendment (Regional Processing Cohort) Bill 2019 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 13 September 2019 (see appendix 11 for a statement of reasons for referral); and

(l) contingent upon introduction in the House of Representatives, the provisions of the Treasury Laws Amendment (Putting Members' Interests First) Bill 2019 be referred immediately to the Economics Legislation Committee for inquiry and report by 18 October 2019 (see appendix 12 for a statement of reasons for referral).

3. The committee recommends that the following bills not be referred to committees:

                  Higher Education Support (Cost Recovery) Bill 2019

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

                                            Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Bill 2019

                                                                                Passenger Movement Charge Amendment (Timor Sea Maritime Boundaries Treaty) Bill 2019

                                                                                        (Dean Smith)

                                                                                        Chair

                                                                                        4 July 2019

                                                                                        Appendix 1

                                                                                        SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Coal-Fired Power Funding Prohibition Bill

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        Soon the Government may announce projects they are underwriting as part of their program for new power generation and there is a risk it will include underwriting coal generation projects, exposing the Commonwealth and taxpayers to significant financial and climate risk.

                                                                                        Possible submissions or evidence from:

                                                                                        The Australia Institute, Investor Group on Climate Change, Beyond Zero Emissions

                                                                                        Committee to which bill is to be referred:

                                                                                        Environment and Communications Legislation Committee

                                                                                        Possible hearing date(s):

                                                                                        Possible reporting date:

                                                                                        2 December 2019

                                                                                        Appendix 2

                                                                                        SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Competition and Consumer Amendment (Prevention of Exploitation of Indigenous Cultural Expressions) Bill 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        To hear from relevant stakeholders about the impact of this Bill on their livelihoods and from experts in Arts Law.

                                                                                        Possible submissions or evidence from:

                                                                                        Indigenous Art Code, Aboriginal Art Association of Australia, Association of Northern, Kimberley and Arnhem Aboriginal Artists, Allens Linklaters, Arts Law Centre of Australia, Art dealers, Art departments of local and state government, Indigenous Artists.

                                                                                        Committee to which bill is to be referred:

                                                                                        Environment and Communications

                                                                                        Possible hearing date(s):

                                                                                        September and October 2019

                                                                                        Possible reporting date:

                                                                                        5 December 2019

                                                                                        Appendix 3

                                                                                        SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Minister of State (Checks for Security Purposes) Bill 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        Bills raises important question of security checks for ministers of state

                                                                                        Possible submissions or evidence from:

                                                                                        Department of Defence, Department of Prime Minister and Cabinet, Australian Federal Police, Attorney General's Department, Australian Security Intelligence Organisation, Law Council of Australia

                                                                                        Committee to which bill is to be referred:

                                                                                        Finance and Public Administration

                                                                                        Possible hearing date(s):

                                                                                        As determined by the committee

                                                                                        Possible reporting date:

                                                                                        11 November 2019

                                                                                        Appendix 4

                                                                                        SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Murray-Darling Basin Commission of Inquiry Bill 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        To hear from stakeholders about the issues they would like considered in a Commission of Inquiry and further hone the terms of reference.

                                                                                        Possible submissions or evidence from:

                                                                                        The Wentworth Group, Southern Riverina Irrigators, The Australia Institute, River Fellowship, Friends of the Earth, The Wilderness Society, Conservation Council SA, David Papps, Australian Conservation Foundation, National Farmer's Federation, National Irrigator's Council.

                                                                                        Committee to which bill is to be referred:

                                                                                        Environment and Communications

                                                                                        Possible hearing date(s):

                                                                                        August 2019

                                                                                        Pos sible reporting date:

                                                                                        September 19, 2019

                                                                                        Appendix 5

                                                                                        SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Criminal Code Amendment (Agricultural Protection) Bill 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        As with any legislation that makes conduct that has until now been lawful into a criminal offence, it is important to ensure that an appropriate balance is struck between the conduct being prohibited and the harm to be prevented, and that there are no unintended adverse consequences from the new laws. The Attorney-General said the new laws would include "appropriate exemptions for bona-fide journalists and for situations where the information being released shows a law being broken, such as whistleblowing on animal cruelty." Given widespread current concerns about the efficacy of whistleblower protections and recent examples of threats to the free press and to the public's right to know in this country, as well as the desire many Australians have to end illegal cruelty to animals, it is appropriate that this bill be referred to committee so that the prohibitions it introduces and adequacy of the exemptions it contains can be subject to public scrutiny input.

                                                                                        Possible submissions or evidence from:

                                                                                        Law Council of Australia, National Farmers Federation, Meat & Livestock Australia, RSPCA, Animals Australia

                                                                                        Committee to which bill is to be referred:

                                                                                        Legal and Constitutional Affairs Legislation Committee

                                                                                        Possible hearing date(s):

                                                                                        August

                                                                                        Possible reporting date:

                                                                                        Fri 6 September 2019

                                                                                        SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Criminal Code Amendment (Agricultural Protection) Bill 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        Human and digital rights concerns. Essentially anti-protest legislation, on top of the Privacy Amendment (Protection of Australian Farms) Regulations 2019 (Cth) (Protection of Australian Farms Regulations), which commenced on 6 April 2019.

                                                                                        Possibl e submissions or evidence from:

                                                                                        Legal and human rights experts and advocates such as The Law Council of Australia, Australian Lawyers for Human Rights, Australian Human Rights Commission, and Civil Liberties Australia.

                                                                                        Committee to which bill is to be referred:

                                                                                        Legal and Constitutional Affairs Legislation Committee

                                                                                        Possible hearing dates:

                                                                                        22-23 August 2019Possible reporting date:

                                                                                        17 September 2019

                                                                                        Appendix 6

                                                                                        SELECTION OF BILLS COMMITTEE

                                                                                        Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Customs Amendment (Immediate Destruction of Illicit Tobacco) Bill 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        To inquire into the contents of the Bill and allow stakeholders to inform the Committee of detailed concerns.

                                                                                        Possible submissions or evidence from:

                                                                                        Various stakeholders

                                                                                        Committee to which bill is to be referred:

                                                                                        Legal and Constitutional Legislation Committee

                                                                                        Possible reporting date:

                                                                                        6 September 2011

                                                                                        Appendix 7

                                                                                        SELECTION OF BILLS COMMITTEE

                                                                                        Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Fair Work (Registered Organisations) Amendment (Ensuring Integrity Bill) 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        Complex issue. Workers need an opportunity to tell their stories / present their views. Engage with stakeholders.

                                                                                        Possible submissions or evidence from:

                                                                                        All Unions, any union members, other relevant stakeholders

                                                                                        Committee to which bill is to be referred:

                                                                                        Education and Employment Legislation Committee

                                                                                        Possible reporting date:

                                                                                        25 October 2019

                                                                                        SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        The Bill is incompatible with International Labour Organisations (ILO) treaties and infringes on the rights of workers and their unions.

                                                                                        Possible submissions or evidence from:

                                                                                        Unions, Fair Work Commission, Fair Work Ombudsman

                                                                                        Committee to which bill is to be referred:

                                                                                        Education and Employment Legislation Committee

                                                                                        Appendix 8

                                                                                        SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Fair Work Laws Amendment (Proper Use of Workers Benefits) Bill 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        Impacts on the ability of workers and their unions to collectively determine how to spend their money. Submissions in previous inquiry noted the bill contravened International Labour Organisations (ILO) treaties.

                                                                                        Possible submissions or evidence from:

                                                                                        Unions, Fair Work Commission Fair Work Ombudsman

                                                                                        Committee to which bill is to be referred:

                                                                                        Education and Employment Legislation Committee

                                                                                        SELECTION OF BILLS COMMITTEE

                                                                                        Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        Complex issue. Workers need an opportunity to tell their stories/present their views. Engage with stakeholders

                                                                                        Possible submissions or evidence from:

                                                                                        All Unions, Any union members, Other relevant stakeholders

                                                                                        Committee to which bill is to be referred:

                                                                                        Education & Employment Legislation Committee

                                                                                        Possible reporting date:

                                                                                        25 October 2019

                                                                                        Appendix 9

                                                                                        SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Migration Amendment (Repairing Medical Transfers) Bill 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        Repeals the Medevac Legislation, which was an amendment, sponsored by Senators Storer and McKim, to the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018, and passed with the support of Centre Alliance, the Australian Labor Party and the Greens, independent Banks, McGowan, Phelps, and Wilkie in the House, and independent Hinch in the Senate.

                                                                                        Possible submissions or evidence from:

                                                                                        Refugee and medical experts and advocates such as The Law Council of Australia, the Human Rights Law Centre, the Refugee Council, the Kaldor Centre, and the Royal Australasian College of Physicians.

                                                                                        Committee to which bill is to be referred:

                                                                                        Legal and Constitutional Affairs Legislation Committee

                                                                                        Possible hearing date(s):

                                                                                        28-30 August 2019

                                                                                        Possible reporting date:

                                                                                        19 September 2019

                                                                                        SELECTION OF BILLS COMMITTEE

                                                                                        Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Migration Amendment (Repairing Medical Transfers) Bill 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        To inquire into the contents of the Bill and allow stakeholders to inform the Committee of detailed concerns.

                                                                                        Possible submissions or evidence from:

                                                                                        Refugee, legal, civil society, national security and other stakeholders

                                                                                        Committee to which bill is to be referred:

                                                                                        Legal and Constitutional Legislation Committee

                                                                                        Possible reporting date:

                                                                                        18 October 2019

                                                                                        Appendix 10

                                                                                        SELECTION OF BILLS COMMITTEE

                                                                                        Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Migration Amendment (Strengthening the Character Test) Bills 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        To inquire into the contents of the Bill and allow stakeholders to inform the Committee of detailed concerns.

                                                                                        Possible submissions or evidence from:

                                                                                        Refugee, legal, civil society, national security and other stakeholders

                                                                                        Committee to which bill is to be referred:

                                                                                        Legal and Constitutional Legislation Committee

                                                                                        Possible reporting date:

                                                                                        18 October 2019

                                                                                        SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Migration Amendment (Strengthening the Character Test) Bills 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        This will lower an already low bar for refusing or cancelling the visas of non-citizens, for reasons such as sharing intimate images, verbally threatening someone, associating with members of a gang, or holding a rock in a threatening way.

                                                                                        Possibl e submissions or evidence from:

                                                                                        Legal and human rights experts and advocates such as the Law Council of Australia, Human Rights Law Centre, Civil Liberties Australia, Kaldor Centre for International Refugee Law, Refugee Advice and Casework Service, Immigration and Advice and Rights Centre, and Refugee and Immigration Legal Service.

                                                                                        Committee to which bill is to be referred:

                                                                                        Legal and Constitutional Affairs Legislation Committee

                                                                                        Possible hearing date(s):

                                                                                        25-27 September 2019

                                                                                        Possible reporting date:

                                                                                        17 October 2019

                                                                                        Appendix 11

                                                                                        SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Migration Legislation Amendment (Regional Processing Cohort) Bill 2019 [otherwise known as the lifetime visa ban bill]

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        Human rights laws and obligations.

                                                                                        Possible submissions or evidence from:

                                                                                        Legal and human rights experts and advocates such as the Law Council of Australia, Human Rights Law Centre, Civil Liberties Australia, Kaldor Centre for International Refugee Law, Refugee Advice and Casework Service, Immigration and Advice and Rights Centre, and Refugee and Immigration Legal Service.

                                                                                        Committee to which bill is to be referred:

                                                                                        Legal and Constitutional Affairs Legislation Committee

                                                                                        Possible hearing date(s):

                                                                                        9-11 October 2019

                                                                                        Possible reporting date:

                                                                                        25 November 2019

                                                                                        SELECTION OF BILLS COMMITTEE

                                                                                        Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Migration Legislation Amendment (Regional Processing Cohort) Bill 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        To inquire into the contents of the Bill and allow stakeholders to inform the Committee of detailed concerns.

                                                                                        Possible submissions or evidence from:

                                                                                        Refugee, legal, civil society, national security and other stakeholders

                                                                                        Committee to which bill is to be referred:

                                                                                        Legal and Constitutional Legislation Committee

                                                                                        Possible reporting date:

                                                                                        18 October 2019

                                                                                        Appendix 12

                                                                                        SELECTION OF BILLS COMMITTEE

                                                                                        Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Treasury Laws Amendment (Putting Members' Interests First) Bill 2019

                                                                                        Reasons for referral/pri ncipal issues for consideration:

                                                                                        To understand the impact of the level of insurance taken out by affected superannuation members. To examine the interaction between this Bill and the recommendation of the Royal Commission to establish universal terms and conditions for insurance through default superannuation and the proposed Prodcut Commission inquiry into insurance through default superannuation.

                                                                                        Possible submissions or evidence from:

                                                                                        Economists, Superannuation funds, Trade unions

                                                                                        Committee to which the bill is to be referred:

                                                                                        Economics Legislation Committee

                                                                                        Possible hearing date(s):

                                                                                        Weeks starting 8 July 2019 and 15 July 2019

                                                                                        Possible reporting date:

                                                                                        22 July 2019

                                                                                        SELECTION OF BILLS COMMITTEE

                                                                                        Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Treasury Laws Amendment (Putting Members' Interests First) Bill 2019

                                                                                        Reasons for referral/pri ncipal issues for consideration:

                                                                                        To enquire into the contents of the Bill and allow stakeholders to inform the Committee of detailed concerns

                                                                                        Possible submissions or evidence from:

                                                                                        Unions, Industry Groups (Financial Services), other stakeholders

                                                                                        Committee to which the bill is to be referred:

                                                                                        Economics Legislation Committee

                                                                                        Possible hearing date(s):

                                                                                        For Committee to determine

                                                                                        Possible reporting date:

                                                                                        18 October 2019

                                                                                        Appendix 13

                                                                                        SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee

                                                                                        Name of bill:

                                                                                        Treasury Laws Amendment (Tax Relief So Working Australians Keep More Of Their Money) Bill 2019

                                                                                        Reasons for referral/principal issues for consideration:

                                                                                        To understand the impact of the proposed changes to the personal income tax system on the Australian economy, including economic growth, inflation, wages, productivity and aggregate demand.

                                                                                        Possible submissions or evidence from:

                                                                                        Economists, Civil society, Trade unions, Business groups, Financial regulators

                                                                                        Committee to which bill is to be referred:

                                                                                        Economics Legislation Committee

                                                                                        Possible hearing date(s):

                                                                                        Weeks starting 8 July 2019, and 15 July 2019.

                                                                                        Possible reporting date:

                                                                                        22 July 2019

                                                                                        I move:

                                                                                        That the report be adopted.

                                                                                        Question agreed to.

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