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

I present the sixth report of 2013 of the Selection of Bills Committee and I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows—

SELECTION OF BILLS COMMITTEE

REPORT NO. 6 OF 2013

1. The committee met in private session on Monday, 17 June 2013 at 8.41 pm.

2. The committee resolved to recommend—That—

(a) the provisions of the African Development Bank Bill 2013 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 20 August 2013 (see appendix 1 for a statement of reasons for referral);

(b) the Australian Education Bill 2013 and the provisions of the Australian Education (Consequential and Transitional Provisions) Bill 2013 be referred immediately to the Education, Employment and Workplace Relations Legislation Committee for inquiry and report by 20 August 2013 (see appendices 2 and 3 for statements of reasons for referral);

(c) the provisions of the Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Bill 2013 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 20 August 2013 (see appendix 4 for a statement of reasons for referral);

(d) the Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 20 August 2013 (see appendices 5 and 6 for statements of reasons for referral);

(e) the provisions of the Homelessness Bill 2013 and the Homelessness (Consequential Amendments) Bill 2013 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 25 June 2013 (see appendix 7 for a statement of reasons for referral);

(f) the provisions of the Migration Amendment (Offshore Resources Activity) Bill 2013 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 20 August 2013 (see appendix 8 for a statement of reasons for referral);

(g) the provisions of the Migration Amendment (Temporary Sponsored Visas) Bill 2013 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 20 August 2013 (see appendix 9 for a statement of reasons for referral);

(h) the Privacy Amendment (Privacy Alerts) Bill 2013 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 24 June 2013 (see appendix 10 for a statement of reasons for referral);

(i) the provisions of the Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 20 August 2013 (see appendix 11 for a statement of reasons for referral); and

(j) the Superannuation Laws Amendment (MySuper Capital Gains Tax Relief and Other Measures) Bill 2013 be referred immediately to the Economics Legislation Committee for inquiry and report by 24 June 2013 (see appendix 12 for a statement of reasons for referral).

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

Charities (Consequential Amendments and Transitional Provisions) Bill 2013

Customs Tariff (Anti-Dumping) Amendment Bill 2013

International Interests in Mobile Equipment (Cape Town Convention) (Consequential Amendments) Bill 2013

Superannuation (Sustaining the Superannuation Contribution Concession) Imposition Bill 2013

The committee recommends accordingly.

4. The committee considered the following bills and, noting that they had been referred to committees pursuant to the order of the Senate of 15 May, resolved to make no recommendation:

Sugar Research and Development Services (Consequential Amendments and Transitional Provisions) Bill 2013

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

(Anne McEwen)

Chair

17 June 2013

Appendix 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

African Development Bank Bill 2013

Reasons for referral/principal issues for consideration:

Consideration of the additional financial and human resources required by the Commonwealth Treasury and the Australian Agency for International Development to support Australia's engagement with the African Development Bank Group

Consideration of the effectiveness of the African Development Bank Group's governance structures.

Possible submissions or evidence from:

Commonwealth Treasury

Australian Agency for International Development

Committee to which bill is to be referred:

Senate Standing Committee on Foreign Affairs, Defence and Trade

Possible hearing date(s):

June / July

Possible reporting date:

20 August 2013

(signed)

Senator Fifield

Whip/Selection of Bills Committee Member

Appendix 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Australian Education Bill 2013 (third reading print)

Australian Education (Consequential and Transitional Provisions) Bill 2013

Reasons for referral/principal issues for consideration:

To scrutinise the amendments to the Australian Education Bill, and examine the Australian Education (Consequential and Transitional Provisions) Bill 2013.

Possible submissions or evidence from:

Non-government school authorities

State Governments

Peak bodies representing teachers

Peak bodies representing parents

Committee to which bill is to be referred:

Education, Employment and Workplace Relations

Possible hearing date(s):

June / July

Possible reporting date:

August

(signed)

Senator Fifield

Whip/Selection of Bills Committee Member

Appendix 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

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:

(signed)

Senator McEwen

Whip/Selection of Bills Committee Member

Appendix 4

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Bill 2013

Reasons for referral/principal issues for consideration:

There are issues to examine regarding the amendments relating to people smuggling and the use of wrist x-rays.

Possible submissions or evidence from:

AFP

Customs

DIAC

Medical experts

Committee to which bill is to be referred:

Senate Legal and Constitutional Affairs Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

To be determined by the committee

(signed)

Senator Fifield

Whip/Selection of Bills Committee Member

Appendix 5

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013

Reasons for referral/principal issues for consideration:

To examine land use and land management issues

Possible submissions or evidence from:

Department of Defence

Department of Resources

Traditional Landowners

Committee to which bill is to be referred:

Foreign Affairs, Defence and Trade

Possible hearing date(s):

June / July

Possible reporting date:

Mid August

(signed)

Senator Fifield

Whip/Selection of Bills Committee Member

Appendix 6

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013.

Reasons for referral/principal issues for consideration:

While a review of the proposal to open up the Woomera area was canvassed by the Hawke Review, the exposure draft was open for public comment from 8-13 May, insufficient time to assess whether the recommendations of the Review have been adequately implemented.

Possible submissions or evidence from:

o Maralinga Tjarutja

o Anangu Pitjantjatjara Yankunytjatjara

o Kokotha Uwankara

Peak environmental groups

Corporations seeking to mine in the Woomera Prohibited area

SA government

Committee to which bill is to be referred:

Senate Foreign Affairs, Defence and Trade Committee

Possible hearing date(s):

July/August 2013

Possible reporting date:

October 2013

(signed)

Senator Siewert

Whip/Selection of Bills Committee Member

Appendix 7

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Homelessness Bill 2013

Reasons for referral/principal issues for consideration:

The homelessness sector believes the bill is not rights based legislation (as was promised originally) that demonstrates or explicitly states the government is progressively committed to providing affordable housing.

As such, funding for homelessness services and housing provided under the National Affordable Housing Agreement and in the National Rental Affordable Scheme for example should be covered in a homelessness bill. No financial arrangements or commitments are covered in this bill.

It's also a confusing bill that talks about rights and obligations under Human Rights treaties-but the bill ends by stating it cancels out any legal obligation to give an avenue for recourse with regard to those treaties. Finally the definition of homelessness is problematic to the sector.

The homelessness sector is extremely concerned and disappointed this Bill has no teeth and adds no value to the homelessness response.

The long delay for this Bill is also a reason for concern. The bill was a recommendation from the Inquiry as part of the government's White Paper on homelessness in 2009.

Possible submissions or evidence from:

Homelessness Australia

Anglicare Australia

Community Housing Federation of Australia

Homelessness Council of Australia

Australian Council of Social Services

HomeGround Services

St Patricks Western Australia

St Vincent de Paul

Mental Health Council of Australia

Committee to which bill is to be referred:

Senate Committee on Community Affairs

Possible hearing date(s):

The week ending Friday June 21St

Possible reporting date:

Tuesday June 25th

(signed)

Senator Siewert

Whip/Selection of Bills Committee Member

Appendix 8

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Migration Amendment (Offshore Resources Activity) Bill 2013

Reasons for referral/principal issues for consideration:

Examine the regulatory burden and cost this bill will impose upon employers forced to seek overseas workers to meet a skills need that cannot presently be met from within the Australian workforce.

Examine proposed changes to Australia's Migration Zone to guarantee that no unintended consequences may result in litigation, may undermine offshore processing arrangements or compromise the power of the Minister for Immigration to grant or refuse a visa.

Examine implications for the decision precedent established by the Federal Court in Allseas Construction SA v Minister for Immigration and Citizenship [2012] FCA 529 (Allseas).

Examine any confusion that may be created in relation to Australia's international obligations and jurisdictions at sea.

Possible submissions or evidence from:

Attorney-General's Department

Department of Immigration and Citizenship

Department of Education, Employment and Work Place Relations

Australian Customs and Border Protection Command

Australian Mines and Metals Association

Migration Council of Australia

APPEA

Australian Shipowners Association

Allseas

Committee to which bill is to be referred:

Senate Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

July

Possible reporting date:

August

(signed)

Senator Fifield

Whip/Selection of Bills Committee Member

Appendix 9

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Migration Amendment (Temporary Sponsored Visas) Bill

Reasons for referral/principal issues for consideration:

The Bill requires further investigation into the regulatory impact the proposed changes will impose on Australian business and industry, together with impacts on labour market efficiency and business productivity from the reintroduction of labour market testing in particular. An inquiry is required to ensure no adverse impacts arise that would prohibit businesses from accessing the skilled labour they need to support Australian jobs and Australian investment.

Possible submissions or evidence from:

Department of Immigration and Citizenship

Department of Education, Employment and Work Place Relations

Migration Council of Australia

Migration Institute of Australia

Australian Mines and Metals Association

ACCI

AHA

BCA

Australian Workforce and Productivity Agency

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

July

Possible reporting date:

August

(signed)

Senator Fifield

Whip/Selection of Bills Committee Member

Appendix 10

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Privacy Amendment (Privacy Alerts) Bill 2013

Reasons for referral/principal issues for consideration:

Regulatory burden on business;

Interoperability of the Bill with voluntary codes currently being prepared;

Adequacy of the Privacy Commissioner's resources to administer the regime and to deal with current responsibilities in code formulation;

Status of code formulation;

Progress of a consumer education program for the new privacy regime;

Extent of the regime established by the Bill that is to be contained in Regulations.

Possible submissions or evidence from:

Privacy Commissioner

Attorney-General's Department

Australian Retail Credit Association

Veda

Dun & Bradstreet

Genworth Limited

Optus

Telstra

Committee to which bill is to be referred:

Legal and Constitutional Affairs

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

To be determined by the committee

(signed)

Senator Fifield

Whip/Selection of Bills Committee Member

Appendix 11

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013

Reasons for referral/principal issues for consideration:

To examine:

Possible submissions or evidence from:

Homelessness Australia

Australian Council of Social Services

National Shelter

Tenants Union of Victoria

Salvation Army

Committee to which bill is to be referred:

Community Affairs

Possible hearing date(s):

July 2013

Possible reporting date:

August 2013

(signed)

Senator Fifield

Whip/Selection of Bills Committee Member

Appendix 12

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Superannuation Laws Amendment (MySuper Capital Gains Tax Relief and Other Measures) Bill 2013

Reasons for referral/principal issues for consideration:

Schedule 1: Scope of CGT relief (and ability to transfer losses)

Schedule 2: Impact on the superannuation benefits and retirement incomes of veterans and their surviving spouses

Possible submissions or evidence from:

FSC, ASFA, AIST, ISN, Defence Force Welfare Association and the RSL

Committee to which bill is to be referred:

Senate Economics Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

To be determined by the committee

(signed)

Senator Fifield

Whip/Selection of Bills Committee Member

I move:

That the report be adopted.

Mitch Fifield (Victoria, Liberal Party, Manager of Opposition Business in the Senate) Share this | Link to this | Hansard source

I speak to the motion that the report be adopted, to commend the adoption of report No. 6 and also to express my delight and surprise that the committee and the government accepted a number of the reference proposals that the opposition put forward to the committee, particularly in relation to some education bills and migration bills. I was also delighted and surprised that the government accepted the reporting dates that the opposition proposed.

I express my sincerest desire that the committees to which these references have been made feel under absolutely no pressure from the government to adopt reporting dates which would seek to circumvent the proper examination of the legislation that has been referred to these committees. I am sure that will not happen, but it would be disturbing if these committees felt pressured by the government to perhaps report earlier than the date which has been agreed upon by the committee and the dates which have been accepted by the Senate chamber.

I thought it was important to put on record my pleasure and delight at the work of the committee, the fact that it looks like the chamber will unanimously adopt this report, and that it would be a bad precedent if pressure were brought to bear on the committees in question to seek to subvert the will expressed by the committees and the will that is, I think, about to be expressed by this chamber. I am sure all interested stakeholders will be watching closely.

Question agreed to.