David Bushby (Tasmania, Liberal Party) Share this | Link to this | Hansard source

I present report No. 1 of 2015 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. 1 OF 2015

1. The committee met in private session on Wednesday, 11 February 2015 at 7.18 pm.

2. The committee resolved to recommend:

That—

(a) the provisions of the Australian Securities and Investments Commission Amendment (Corporations and Markets Advisory Committee Abolition) Bill 2014 be referred immediately to the Economics Legislation Committee for inquiry and report by 16 March 2015 (see appendix 1 for a statement of reasons for referral);

(b) the Criminal Code Amendment (Animal Protection) Bill 2015 be referred immediately to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 13 May 2015 (see appendices 2 and 3 for a statement of reasons for referral);

(c) the provisions of the Higher Education and Research Reform Bill 2014 be referred immediately to the Education and Employment Legislation Committee for inquiry and report by 12 March 2015 (see appendix 4 for a statement of reasons for referral);

(d) the Regulator of Medicinal Cannabis Bill 2014 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 21 April 2015 (see appendices 5 and 6 for a statement of reasons for referral);

(e) the Tribunals Amalgamation Bill 2014 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 16 March 2015 (see appendix 7 for a statement of reasons for referral).

3. The committee resolved to recommend:

That the following bills not be referred to committees:

Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Designated Coastal Waters) Bill 2014.

The committee recommends accordingly.

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

(David Bushby) Chair

12 February 2015

APPENDIX 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Australian Securities and Investments Commission Amendment (Corporations and Markets Advisory Committee Abolition) Bill 2014

Reasons for referral/principal issues for consideration:

Explore the impact of the bill on the development of corporate law reform

Possible submissions or evidence from:

Treasury; Financial Services Council; CAMAC; Law Council of Australia; Australian Institute of Company Directors; Governance Institute of Australia; Australian Restructuring Insolvency & Turnaround Association

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:

16 March 2015

(signed)

Senator Catryna Bilyk

APPENDIX 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Criminal Code Amendment (Animal Protection) Bill 2015 (to be originated in the Senate on Wednesday, 11 February 2015)

Reasons for referral/principal issues for consideration:

This is an Ag-Gag bill, designed to silence whistleblowers and investigators/activists exposing animal cruelty and neglect -particularly in factory farming operations.

Possible submissions or evidence from:

Animals Australia, Voiceless, Barristers Animal Welfare Panel, NSW Young Lawyers Animal law Committee, RSPCA (National and states), Animal Justice Party, World Animal Protection, Sentient, Humane Society International, PETA Australia, Compassion in World Farming, FREPA NSW.

Committee to which bill is to be referred:

RRAT

Possible hearing date(s):

June 15

Possible reporting date:

June 25

(signed)

Senator Rachel Siewert

APPENDIX 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Criminal Code Amendment (Animal Protection) Bill 2015

Reasons for referral/principal issues for consideration:

To fully investigate the impact of the Bill and any unintended consequences.

Possible submissions or evidence from:

Department of Agriculture

Attorney General's Department

RSPCA

Animals Australia

PETA

National Farmers' Federation

Committee to which bill is to be referred:

Senate Rural and Regional Affairs and Transport Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

26 March 2015

(signed)

Senator Catryna Bilyk

APPENDIX 4

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Higher Education and Research Reform Bill 2014

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Committee to which bill is to be referred:

Education and Employment Legislation Committee

Possible hearing date(s):

To be determined by the Committee

Possible reporting date:

12 March 2015

(signed)

Senator the Hon Mitch Fifield

APPENDIX 5

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Regulator of Medicinal Cannabis Bill 2014

Reasons for referral/principal issues for consideration:

Explore Impact and feasibility of a regulating body for the medicinal use of cannabis

Possible submissi ons or evidence from:

Department of Health

Attorney Generals Department Therapeutic Goods Administration

Committee to which bill is to be referred:

Senate Legal and Constitutional Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

16 June 2015

(signed)

Senator Catryna Bilyk

APPENDIX 6

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Regulator of Medicinal Cannabis

Reasons for referral/principal issues for consideration:

To hear evidence from national and international experts and those involved in the production and manufacture of medicinal cannabis as well as state and territory governments considering similar legislation.

Possible submissions or evidence from:

Medical community, including pharmacologists and researchers; international suppliers, manufacturers and regulatory agencies; State and Territory Governments, consumers of medicinal cannabis

Committee to which bill is to be referred:

Legal and Constitutional

Possible hearing date(s):

March-April 2015

Possible reporting date:

March-April 2015

(signed)

Senator Rachel Siewert

APPENDIX 6

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Tribunals Amalgamation Bill 2014

Reasons for referral/principal issues for consideration:

Impact of amalgamation on:

Possible submissions or evidence from:

Legal profession, social security and migration sectors

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:

24 March 2015

(signed)

Senator Catryna Bilyk

I move:

That the report be adopted.

Claire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | Link to this | Hansard source

I move:

That at the end of the motion, add, "but, in respect of:

(a) the Higher Education and Research Reform Bill 2014, the Education and Employment Legislation Committee report by 17 March 2015.".

This amendment has been circulated to the chamber. It asks for a change of date to the Higher Education and Research Reform Bill 2014 report to 17 March 2015. In moving that amendment we just seek to have consistency in gathering all the information before this place. As we all know, yesterday this place endorsed a references committee inquiry into the impact of this legislation and the reporting date of that is 17 March. So we believe that all the available information about the background, the impact and the engagement of this very important legislation—significant legislation as we know—should be made known to the Senate at around the same time so that we then have an informed debate in this place.

Under the selection of bills process, we would have an earlier date of report for the legislation committee, which would then open up the opportunity for debate in this place on legislation before the references committee, which has terms of reference which are clearly into a range of issues around the legislation and its impact, has completed. So, on that basis, we ask for consistency of reporting date—again, so the Senate has access to all information available.

Simon Birmingham (SA, Liberal Party, Assistant Minister for Education and Training) Share this | Link to this | Hansard source

I speak to Senator Moore's amendment. It is the government's position that the recommendation in the Selection of Bills Committee report should stand as adopted by the Selection of Bills Committee. Of course, as all members would appreciate, the Selection of Bills Committee operates on a consensus basis. It is my understanding that when that committee met last night there was consensus between all the parties and party whips participating in that process to accept this proposal.

This, of course, is the normal type of handling of legislation before this place. We need to appreciate that the higher education bills have been before the Senate previously and that they have been subject to Senate inquiry previously, but that the government has adopted some amendments to them. We have brought them back in an amended form and therefore we welcome scrutiny. We are open to scrutiny and we are open to having appropriate inquiries into this legislation.

We are so open to scrutiny that the government yesterday was quite happy to support and see passed through the very broad terms of reference for a references inquiry that were put forward by the opposition and other senators. We are quite happy to see those inquiries take place, but the Senate needs to recognise that that is a broad references inquiry with quite wide terms of reference. This is, as proposed in the Selection of Bills Committee, the normal process for handling legislation before this Senate: the legislation is referred to a legislation committee and it is considered in a timely manner through that legislation committee.

Of course, this is a timely approach; 12 March gives ample opportunity for the exploration of evidence and reporting. We are simply talking about five days difference at the end reporting date between what Senator Moore is proposing and what the Selection of Bills Committee has adopted. But, notably, that means that of the remaining sitting days through this session there are only six sitting days after Senator Moore's date left for the carriage or dealing with of this legislation, whereas if the government's date of 12 March is adopted there are eight sitting days through which debate can happen.

And we all know that higher education debate in this place attracts an awful lot of speakers! It attracts an awful lot of participants. The second readers list tends to be extraordinarily long, and so the government, in wanting to manage properly its legislative agenda through this place, thinks that having eight days available to it is appropriate and is a sensible way to make sure that everybody who wants to give a second reading speech will have ample opportunity to do so and that everybody who then wants to participate in a committee stage should, hopefully, have ample opportunity to do so.

Of course, during the course of debate—whenever it might be instigated in those eight days, if that occurs—the references committee is due to report back, assuming it reports back on time and on the terms agreed to by the Senate yesterday. But we think it is proper that there is certainty and that the legislation itself—as against and distinct from the broader issues encompassed in the terms of reference that were adopted yesterday—is properly examined, goes through the normal processes and comes back to the Senate before that final sitting fortnight so that it can be considered through that. My understanding is that Senator McKenzie, as chair of that legislation committee, is quite happy to cooperate with the references committee to minimise any difficulties for witnesses in the lodging of submissions and appearance at hearings, to ensure that it is as seamless and smooth for participants and senators as possible. All the government is seeking to do is manage its program and its legislation in a sensible way whilst ensuring that we can have the scrutiny that all senators want for this important reform.

So I would urge the Senate to accept the Selection of Bills Committee report as presented, as agreed to at its meeting last night.

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

The question is that the amendment moved by Senator Moore be agreed to.

The Senate divided. [12:02]

(The Deputy President—Senator Marshall)

Question agreed to.

Original question, as amended, agreed to.