Anne McEwen (SA, Australian Labor Party) Share this | Link to this | Hansard source

I present the 10th report of 2009 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. 10 OF 2009

1.

The committee met in private session on Thursday, 25 June 2009 at 11.19 am.

2.

The committee resolved to recommend—That—(a)   the provisions of the Access to Justice (Civil Litigation Reforms) Amendment Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 17 September 2009 (see appendix 1 for a statement of reasons for referral);(b)   the Anti-Terrorism Laws Reform Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 28 October 2009 (see appendix 2 for a statement of reasons for referral);(c)   the Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 7 September 2009 (see appendix 3 for a statement of reasons for referral);(d)   the provisions of the Corporations Amendment (Improving Accountability on Termination Payments) Bill 2009 be referred immediately to the Economics Legislation Committee for inquiry and report by 7 August 2009 (see appendix 4 for a statement of reasons for referral);(e)   the provisions of the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 17 September 2009 (see appendix 5 for a statement of reasons for referral);(f)    the provisions of the Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 and 2 related bills be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 7 August 2009 (see appendix 6 for a statement of reasons for referral);(g)   the Marriage Equality Amendment Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 26 November 2009 (see appendix 7 for a statement of reasons for referral);(h)   the Migration Amendment (Immigration Detention Reform) Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 7 August 2009 (see appendix 8 for a statement of reasons for referral);(i)    the provisions of the National Consumer Credit Protection Bill 2009 and 3 related bills be referred immediately to the Economics Legislation Committee for inquiry and report by 7 August 2009 (see appendix 9 for a statement of reasons for referral);(j)    the National Security Legislation Monitor Bill 2009 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 7 September 2009 (see appendix 10 for a statement of reasons for referral);(k)   the provisions of the Personal Property Securities Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 7 August 2009 (see appendix 11 for a statement of reasons for referral);

(a)

the provisions of the Access to Justice (Civil Litigation Reforms) Amendment Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 17 September 2009 (see appendix 1 for a statement of reasons for referral);

(b)

the Anti-Terrorism Laws Reform Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 28 October 2009 (see appendix 2 for a statement of reasons for referral);

(c)

the Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 7 September 2009 (see appendix 3 for a statement of reasons for referral);

(d)

the provisions of the Corporations Amendment (Improving Accountability on Termination Payments) Bill 2009 be referred immediately to the Economics Legislation Committee for inquiry and report by 7 August 2009 (see appendix 4 for a statement of reasons for referral);

(e)

the provisions of the Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 17 September 2009 (see appendix 5 for a statement of reasons for referral);

(f)

the provisions of the Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 and 2 related bills be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 7 August 2009 (see appendix 6 for a statement of reasons for referral);

(g)

the Marriage Equality Amendment Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 26 November 2009 (see appendix 7 for a statement of reasons for referral);

(h)

the Migration Amendment (Immigration Detention Reform) Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 7 August 2009 (see appendix 8 for a statement of reasons for referral);

(i)

the provisions of the National Consumer Credit Protection Bill 2009 and 3 related bills be referred immediately to the Economics Legislation Committee for inquiry and report by 7 August 2009 (see appendix 9 for a statement of reasons for referral);

(j)

the National Security Legislation Monitor Bill 2009 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 7 September 2009 (see appendix 10 for a statement of reasons for referral);

(k)

the provisions of the Personal Property Securities Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 7 August 2009 (see appendix 11 for a statement of reasons for referral);

(l)

the Telecommunications Legislation Amendment (National Broadband Network Measures No. 1) Bill 2009 be referred immediately to the Environment, Communications and the Arts Legislation Committee for inquiry and report by 17 August 2009 (see appendices 12 and 13 for statements of reasons for referral);

(m)

the provisions of the Therapeutic Goods Amendment (2009 Measures No. 2) Bill 2009 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 7 August 2009 (see appendix 14 for a statement of reasons for referral); and

(n)

the provisions of the Trade Practices Amendment (Australian Consumer Law) Bill 2009 be referred immediately to the Economics Legislation Committee for inquiry and report by 7 September 2009 (see appendices 15 and 16 for statements of reasons for referral).

3.

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

• ACIS Administration Amendment Bill 2009
• Australian Wine and Brandy Corporation Amendment Bill 2009
• Automotive Transformation Scheme Bill 2009
• Customs Tariff Amendment (2009 Measures No. 1) Bill 2009 [No. 2]
• Excise Tariff Amendment (2009 Measures No. 1) Bill 2009 [No. 2]
• Higher Education Support Amendment Bill 2009
• Road Transport Reform (Dangerous Goods) Repeal Bill 2009
• Statute Stocktake (Regulatory and Other Laws) Bill 2009
• Tax Agent Services (Transitional Provisions and Consequential Amendments) Bill 2009
• Tax Laws Amendment (2009 Measures No. 4) Bill 2009.

The committee recommends accordingly.

4.

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

• Aviation Transport Security Amendment (2009 Measures No. 1) Bill 2009
• Banking Amendment (Keeping Banks Accountable) Bill 2009
• National Health Security Amendment Bill 2009
• Trade Practices Amendment (Guaranteed Lowest Prices—Blacktown Amendment) Bill 2009.

(Kerry O’Brien)

Chair

25 June 2009

APPENDIX 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Access to Justice (Civil Litigation Reforms) Amendment Bill 2009

Reasons for referral/principal issues for consideration:

Complexity of amendments deserves and requires adequate time for review. The Access to Justice Inquiry has yielded response on the measures in the Bill, experts and organisations submitting and appearing to give evidence should be utilised to ascertain the extent to which this meets their concerns.

Possible submissions or evidence from:

Australian Women Lawyers, President, Fiona McLeod SC

Dr Joo-Cheong Tham, Melbourne University Law School

Hugh de Krester , Federation of Community Legal Services

Hilary Charlesworth, Australian National University Law School

Margaret Davies Flinders University Law School

Greg Mead, Senior Counsel, Legal Services Commission of South Australia

Anna Copeland, SCALES, Murdoch University

Phoebe Knowles, Campaign Coordinator, Australian Human Rights Group

Kate Davis, Women's Legal Centre

Matt TinkIer, Executive Director, Public Interest Law Clearing House (VIC) Inc.

Rebecca Lee, President of Women Lawyers of WA Inc

Committee to which bill is to be referred:

Legal and Constitutional Legislation Committee

Possible hearing date(s):

Late August - Early September

Possible reporting date:

Possible reporting date: 17 September

Whip/ Selection of Bills Committee member

(signed)

Rachel Siewert

APPENDIX 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Anti-Terrorism Laws Reform Bill 2009

Reasons for referral/principal issues for consideration:

The Bill outlines specific provisions in the Criminal Code 1995 related to the definitions relating to terrorism offences, provisions relating to the proscription of `terrorist organisations', offences relating to interaction with 'terrorist organisations', 'reckless possession of a thing' and the offence of sedition, provisions in the Crimes Act 1914 relating to detention of terrorism suspects, provisions in the Australian Security In formation Organisation Act 1979 relating to the questioning of terrorism suspects and the detention of terrorism suspects; and repeals the National Security Information Act 2004. The Bill seeks to implement the recommendations and findings of reviews that have been held in response to particular situations arising from the terror laws, Haneef etc, and the objections of leading legal organisations and advocates to particular provisions of the anti-terrorism laws, which were passed in haste. Australia's parliament and community did not get an opportunity to hold a thorough, calm and considered debate over the terrorism laws when they were introduce, an inquiry into these components of the laws offers such an opportunity.

Possible submissions or evidence from:

Law Council of Australia

Julian Burnside, Liberty Victoria

Phil Lynch, Director, Human Rights Law Resource Centre Ltd

Dr Patrick Emerton, Monash University Law School

Justice John Dowd, President, Australian chapter of the Intl Commission of Jurists

Assoc. Professor Jude McCulloch, Castan Centre for Human Rights Law,

Gilbert and Tobin Centre of Public Law, Faculty of Law, University of NSW

Law Society of New South Wales

Australian Muslim Civil Rights Advocacy Network

Sydney Centre for International Law, Faculty of Law, Sydney University

Australian Lawyers Alliance

Australian Human Rights Commission

Civil Liberties Australia

Mary Heath, Flinders University Law School

Committee to which bill is to be referred:

Legal and Constitutional References Committee

Possible hearing date(s):

late September/early October

Possible reporting date:

28 October

Whip/ Selection of Bills Committee member

(signed)

Rachel Siewert

APPENDIX 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Committee to which bill is to be referred:

Possible hearing date(s):

Possible reporting date:

7 September 2009

Whip/ Selection of Bills Committee member

(signed)

Stephen Parry

APPENDIX 4

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Corporations Amendment (Improving Accountability on Termination Payments) Bill 2009

Reasons for referral/principal issues for consideration:

Significant change to the remuneration of executives

Examine unintended consequences

Possible submissions or evidence from:

Industry submissions (business & industry associations)

Press articles

Committee to which bill is to be referred:

Senate Economics Committee

Possible hearing date(s):

Possible reporting date:

1 August

Whip/ Selection of Bills Committee member

(signed)

Stephen Parry

APPENDIX 5

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Crimes Legislation Amendment (Serious and Organised Crime) Bill 2009

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

State and territory police

Anti-crime groups

Criminologists/Law Reform Institute

Committee to which bill is to be referred:

Legal and Constitutional Affairs

Possible hearing date(s):

Possible reporting date:

17 September 2009

Whip/ Selection of Bills Committee member

(signed)

Stephen Parry

APPENDIX 6

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Bill 2009

Midwife Professional Indemnity (Run-Off Cover support Payment) Bill 2009

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Committee to which bill is to be referred:

Possible hearing date(s):

Possible reporting date:

7 August 2009

Whip/ Selection of Bills Committee member

(signed)

Stephen Parry

APPENDIX 7

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Marriage Equality Amendment Bill 2009

Reasons for referral/principal issues for consideration:

To determine whether marriage should be extended to all, regardless of sex, sexuality or gender

Possible submissions or evidence from:

Marriage Equality Australia

NSW Gay and Lesbian Rights Lobby

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislative Committee

Possible hearing date(s):

Possible reporting date:

November 26 2009

Whip/ Selection of Bills Committee member

(signed)

Rachel Siewert

APPENDIX 8

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Migration Amendment (Immigration Detention Reform) Bill 2009

Reasons for referral/principal issues for consideration:

Examine the proposed provisions of the Migration Amendment (Immigration Detention Reform) Bill 2009

Possible submissions or evidence from:

Australian Law Council

Commonwealth Ombudsman

Australian Human Rights Commission

Refugee Council of Australia

Amnesty International

Hotham Mission Asylum Project

Law Institute of Victoria

Liberty Victoria

Refugee and Immigration Legal Centre Incorporated

Commonwealth Ombudsman

UNHCR

Just Australia

Committee to which bill is to be referred:

Legal & Constitutional Legislation Committee

Possible hearing date(s):

Possible reporting date:

August 11

Whip/ Selection of Bills Committee member

(signed)

Kerry O’Brien

APPENDIX 9

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

National Consumer Credit Protection Bill 2009

National Consumer Credit Protection (Transitional and Consequential Provisions) Bill 2009

National Consumer Credit (Fees) Bill 2009

Corporations Legislation Amendment (Financial Services Modernisation) Bill 2009

Reasons for referral/principal issues for consideration:

The size and extent of the reforms warrant further scrutiny through a Senate inquiry. Possible submissions or evidence from:

Possible submissions or evidence from:

The Australian Bankers' Association, ABACUS, Consumer Action Law Centre and other industry and consumer groups.

Committee to which bill is to be referred:

The Senate Economics Committee.

Possible hearing date(s):

Possible reporting date:

Thursday, August 13

Whip/ Selection of Bills Committee member

(signed)

Kerry O’Brien

APPENDIX 10

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

National Security Legislation Monitor Bill 2009

Reasons for referral/principal issues for consideration:

The Bill will apparently provide the government's response to the repeated call of the Senate for an independent reviewer of terrorism laws. The Committee will need to assess the extent to which the recommendations of the Legal and Constitutional Inquiry into the Troeth/Trood Bill of last year were taken on board, and the scope of the Reviewer's mandate.

Possible submissions or evidence from:

Law Council of Australia

Julian Burnside, Liberty Victoria

Phil Lynch, Director, Human Rights Law Resource Centre Ltd

Dr Patrick Emerton, Monash University Law School

Justice John Dowd, President, Australian chapter of the Intl Commission of Jurists

Assoc. Professor Jude McCulloch, Castan Centre for Human Rights Law,

Gilbert and Tobin Centre of Public Law, Faculty of Law, University of NSW

Law Society of New South Wales

Australian Muslim Civil Rights Advocacy Network

Sydney Centre for International Law, Faculty of Law, Sydney University

Australian Lawyers Alliance

Australian Human Rights Commission

Civil Liberties Australia

Mary Heath, Flinders University Law School

Committee to which bill is to be referred:

Legal and Constitutional References Committee

Possible hearing date(s):

late September/early October

Possible reporting date:

28 October

Whip/ Selection of Bills Committee member

(signed)

Rachel Siewert

APPENDIX 11

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Personal Property Securities Bill 2009

Reasons for referral/principal issues for consideration:

So as to enable scrutiny of bill to see that bill measures up with the committee recommendations arising out of the inquiry into the exposure draft of this bill.

Possible submissions or evidence from:

Committee to which bill is to be referred:

Legal and Constitutional Affairs

Possible hearing date(s):

Possible reporting date:

4 August 2009

Whip/ Selection of Bills Committee member

(signed)

Stephen Parry

APPENDIX 12

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Telecommunications Legislation Amendment (National Broadband Network Measures No. 1) Bill 2009

Reasons for referral/principal issues for consideration:

Detailed consideration of scope of the requirements and the confidentiality protections.

Possible submissions or evidence from:

Telecommunications carriers and utility companies. Committee to which bill is to be referred: Environment, Communications and the Arts Legislation.

Committee to which bill is to be referred:

Possible hearing date(s):

Possible reporting date:

17th August 2009

Whip/ Selection of Bills Committee member

(signed)

Kerry O’Brien

APPENDIX 13

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Telecommunications Legislation Amendment (National Broadband Network Measures No. 1) Bill 2009

Reasons for referral/principal issues for consideration:

Need to assess that privacy provisions are adequate, and that the powers conferred are commensurate with need.

Possible submissions or evidence from:

Simon Sheik, Get Up

Dale Clapperton, Electronic Frontiers Australia

Peter Black, School of Law

Dr. Jeffrey E. Brand Bond University, CRICOS Provider 00017B

Professor Trevor Barr, Swinburne University, Room BA 923B

Committee to which bill is to be referred:

Environment, Communication and the Arts

Possible hearing date(s):

late September/early October

Possible reporting date:

28 October

Whip/ Selection of Bills Committee member

(signed)

Rachel Siewert

APPENDIX 14

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Therapeutic Goods Amendment (2009 Measures No 2) Bill 2009

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Committee to which bill is to be referred:

Community Affairs

Possible hearing date(s):

Possible reporting date:

7 August 2009

Whip/ Selection of Bills Committee member

(signed)

Stephen Parry

APPENDIX 15

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Trade Practices Amendment (Australian Consumer Law) Bill 2009

Reasons for referral/principal issues for consideration:

The Bill introduces new concepts into Commonwealth consumer protection legislation, particularly in relation to the creation of an unfair contract terms Jaw. These concepts currently exist in various forms in the States and Territories and their adoption at the Commonwealth level have been endorsed by the Council of Australian Governments.

Possible submissions or evidence from:

Interest is likely from a wide range of business and consumer organisations. The Treasury received around 200 public submissions during 2009 in developing the provisions of the Bill.

Committee to which bill is to be referred:

Senate Standing Committee on Economics

Possible hearing date(s):

August / September 2009

Possible reporting date:

September 2009

Whip/ Selection of Bills Committee member

(signed)

Stephen Parry

APPENDIX 16

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Trade Practices Amendment (Australian Consumer Law) Bill 2009

Reasons for referral/principal issues for consideration:

To get further detail on the Bill.

Possible submissions or evidence from:

Committee to which bill is to be referred:

Senate Economics Committee

Possible hearing date(s):

Possible reporting date:

Monday, 10 August 2009

Whip/ Selection of Bills Committee member

(signed)

Stephen Parry

Helen Coonan