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

I present the eighth report of 2015 of the Selection of Bills Committee, and I seek leave to have the report incorporated in Hansard.

I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows—

SELECTION OF BILLS COMMITTEE

REPORT NO. 8 of 2015

1. The committee met in private session on Wednesday, 24 June 2015 at 7.22pm.

2. The committee resolved to recommend—That—

(a) the Australian Government Boards (Gender Balanced Representation) Bill 2015 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 8 September 2015 (see appendix 1 for a statement of reasons for referral);

(b) the provisions of the Australian Radiation Protection and Nuclear Safety Amendment Bill 2015 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 17 August 2015 (see appendix 2 for a statement of reasons for referral);

(c) contingent upon its introduction in the House of Representatives, the provisions of the Fairer Paid Parental Leave Amendment Bill 2015 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 15 September 2015 (see appendix 3 for a statement of reasons for referral);

(d) the provisions of the Gene Technology Amendment Bill 2015 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 18 August 2015 (see appendix 4 for a statement of reasons for referral) ; and

(e) the Voice for Animals (Independent Office of Animal Welfare) Bill 2015 be referred immediately to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 15 September 2015 (see appendix 5 for a statement of reasons for referral).

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

Australian Citizenship Amendment (Allegiance to Australia) Bill 2015

Excise Tariff Amendment (Fuel Indexation) Bill 2015 Customs Tariff Amendment (Fuel Indexation) Bill 2015 Fuel Indexation (Road Funding) Special Account Bill 2015 Fuel Indexation (Road Funding) Bill 2015

Higher Education Support Amendment (New Zealand Citizens) Bill 2015

Migration Amendment (Regional Processing Arrangements) Bill 2015

Passports Legislation Amendment (Integrity) Bill 2015

Social Security (Administration) Amendment (Consumer Lease Exclusion) Bill 2015

Social Services Legislation Amendment (Defined Benefit Income Streams) Bill 2015

Tax Laws Amendment (Small Business Measures No. 3) Bill 2015

Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Bill 2015.

The committee recommends accordingly.

4. The committee considered the following bill but was unable to reach agreement:

Shipping Legislation Amendment Bill 2015.

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

Aboriginal Land Rights (Northern Territory) Amendment Bill 2015

Acts and Instruments (Framework Reform) (Consequential Provisions) Bill 2015

Australian Centre for Social Cohesion Bill 2015

Australian Defence Force Superannuation Bill 2015

Australian Defence Force Cover Bill 2015

Defence Legislation Amendment (Superannuation and ADF Cover) Bill 2015

Civil Law and Justice (Omnibus Amendments) Bill 2015

Competition and Consumer Amendment (Australian Country of Origin Food Labelling) Bill 2015

Corporations Amendment (Publish What You Pay) Bill 2014

Motor Vehicle Standards (Cheaper Transport) Bill 2014

Social Security and Other Legislation Amendment (Caring for Single Parents) Bill 2014

Tax and Superannuation Laws Amendment (2015 Measures No. 2) Bill 2015

Veterans’ Affairs Legislation Amendment (2015 Budget Measures) Bill 2015.

David Bushby

Chair

25 June 2015

APPENDIX 1

SELECTION OF BILLS COMMITIEE

Proposal to refer a bill to a committee:

Name of bill:

Australian Government Boards (Gender Balanced Representation) Bill 2015

Reasons for referral/principal issues for consideration:

In undertaking the inquiry, the Committee should consider:

1.   The benefits of ensuring gender-balanced representation on Government boards;

2.   The reasons behind existing policy in this area;

3.   The support given to existing policy by both major parties;

4.   The need to secure such measures in legislation; and

5.   Any related matters.

Possible submissions or evidence from:

Department of Prime Minister and Cabinet — Office for Women

Boardlinks

Women on Boards

Women's Leadership Institute Australia

Committee to which bill is to be referred:

Senate Finance and Public Administration Committee (Legislation)

Possible hearing date(s):

July 2015

Possible reporting date:

September 2015

(signed)

Senator Rachel Siewert

APPENDIX 2

SELECTION OF BILLS COMMITIEE

Proposal to refer a bill to a committee:

Name of bill:

Australian Radiation Protection and Nuclear Safety Amendment Bill 2015

Reasons for referral/principal issues for consideration:

This bill deals with sensitive matters pertaining to the administration of radioactive and nuclear materials. It should be referred to committee for examination to ensure that the wider community of involved stakeholders has the ability to put forward its views to fully inform Senators on the details of the legislation.

Possible submissions or evidence from:

Friends of the Earth, the Australian Conservation Foundation, the Beyond Nuclear Initiative, the Office of the Supervising Scientist, ARPANSA, ANSTO, the Medical Association for the Prevention of War, Northern Territory Environment Centre, Department of Industry and Science, Sutherland Shire Council.

Committee to which bill is to be referred:

Community Affairs Legislation Committee

Possible hearing date(s):

N/A

Possible reporting date:

17 August 2015

(signed)

Senator Rachel Siewert

APPENDIX 3

SELECTION OF BILLS COMMITIEE

Proposal to refer a bill to a committee:

Name of bill:

Fairer Paid Parental Leave Amendment Bill 2015

Reasons for referral/principal issues for consideration:

To scrutinise the impact of proposed changes to Paid Parental Leave through this legislation..

Possible submissions or evidence from:

Department of Social Services

ACTU

National Foundation for Australian Women

The Parenthood

Economic Security for Women

The Victorian Women's Trust

Australian Council of Social Service

Committee to which bill is to be referred:

Senate Community Affairs Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

12 October 2015

(signed)

Senator Anne McEwen

APPENDIX 4

SELECTION OF BILLS COMMITIEE

Proposal to refer a bill to a committee:

Name of bill:

Gene Technology Amendment Bill 2015

Reasons for referral/principal issues for consideration:

To consider:

Changes to license variation, including extending licenses beyond the scope of the original Risk Assessment and Risk Management Plan.

Amendment to the list of factors which the regulator must consider before the dealings can be declared Notifiable Low Risk Dealings by the Governor-General. This includes removing the requirement that the GMO be biologically contained so that it is not able to survive or reproduce without human intervention.

Any other matter of the committee's interest.

Possible submissions or evidence from:

OGTR

CSIRO

Committee to which bill is to be referred:

Senate Community Affairs Legislation Committee

Possible hearing date(s):

The committee's discretion

Possible reporting date:

1st week August 2015

(signed)

Senator Anne McEwen

APPENDIX 5

SELECTION OF BILLS COMMITIEE

Proposal to refer a bill to a committee:

Name of bill:

Voice for Animals (Independent Office of Animal Welfare) Bill 2015

Reasons for referral/principal issues for consideration:

This Greens private members bill establishes the Office of Animal Welfare as an independent statutory authority - with its CEO responsible for reviewing and advising upon the protection of animal welfare in Commonwealth regulated activities.

Animal welfare is an important issue to Australians across political divides. It receives regular media coverage and commensurate outrage from community and large animal welfare networks. The recent inquiry into National Senator Back's Ag-gag private members bill received over 2,000 responses.

In the face of continuing animal abuse, this government has responded by dissolving the federal Australian Animal Welfare Strategy and its independent advisory committee, and the Inspector General of Animal Welfare and Live Animal Exports.

In 2012 Labor endorsed the developing of a model for an Office of Animal Welfare, which was then set aside when Labor gained government. Last week Labor tabled a motion in the House noting the Government's abolition of Inspector General of Animal Welfare and Live Animal Exports. This inquiry can provide an opportunity to test Labor's commitment.

The inquiry will also provide an important animal welfare campaign hook, especially if an early election is called.

Possible submissions or evidence from:

Animals Australia, RSPCA Australia, Animal Liberation Australia, Barristers Animal Welfare Panel, Sentient, Vets against Live Export, PETA Asia Pacific, Humane Society International, Humane Research Australia, Australia Veterinary Association, Voiceless, Lawyers for Animals, World Animal Protection, Animal Justice Party, Choose Cruelty Free.

Committee to which bill is to be referred:

Rural and Regional Affairs and Transport

Possible hearing date(s):

Weeks of beginning 21 & 28 August

Possible reporting date:

September sittings

(signed)

Senator Rachel Siewert

I move:

That the report from the committee be adopted.

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

Mr Deputy President, I have an amendment. We have circulated the amendment to the Selection of Bills Committee report, and I believe the Greens also have an amendment to the Selection of Bills Committee report. Ours, as circulated, refers to the Shipping Legislation Amendment Bill 2015. I move:

That the provisions of that bill be referred immediately to the Rural, Regional Affairs and Transport Legislation Committee for inquiry and report by the first sitting day of 2016.

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

Bear with me a moment, Senator Fifield. Senator Siewert, my advice is that your amendment is actually in the form of an amendment to Senator Moore's amendment. So I might call on you now—and I will see how I deal with your amendment to those two amendments. We will see how we go.

Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source

I do understand now. Senator Moore moved her amendment first, and I am now amending hers. I do apologise. I move:

At the end of the amendment, add, "and:

(1) the Migration Amendment (Regional Processing Arrangements) Bill 2015, the bill be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 18 August 2015; and

(2) the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015, the provisions of the bill be referred to the Legal and Constitutional Affairs Committee for inquiry and report by 19 August 2015.".

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

Senator Fifield, I understand that you have foreshadowed a further amendment. What I intend to deal with first is Senator Siewert's amendment to Senator Moore's amendment, and then I will come back to you for a further amendment to the amendment. The question before the chair now is that Senator Siewert's amendment be agreed to.

Penny Wright (SA, Australian Greens) Share this | Link to this | Hansard source

I seek leave to make a short statement.

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

Leave is granted for one minute.

Penny Wright (SA, Australian Greens) Share this | Link to this | Hansard source

I want to express the great disappointment of the Australian Greens on the vote that just took place, when the government and the opposition and a significant number of the crossbenchers voted not to refer the citizenship bill, also known as the allegiance to Australia bill, to the full scrutiny of the Legal and Constitutional Affairs Legislation Committee of the Senate.

The Prime Minister indicated that this significant legislation, which will be looking at the revocation of one of the most fundamental rights in a democracy—that of citizenship—would be given a full inquiry, but that means it will only go to the Parliamentary Joint Committee on Intelligence and Security. The only members of that committee are government and opposition members, and all nine men on that committee have had past associations with the military, security and spy agencies through government. This means that those other MPs in this parliament who represent people who have voted for the Greens and Independents will not have the ability to ask and inform ourselves properly, and it will not be transparent for the public. It is a shame and it should not keep happening.

Mitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | Link to this | Hansard source

I move an amendment to Senator Moore's amendment in respect of the Shipping Legislation Amendment Bill 2015:

omit "Rural and Regional Affairs and Transport Legislation Committee", substitute "Economics Legislation Committee"; and

omit "the first sitting day of 2016", substitute "12 August 2015".

Let me just emphasise that Senator Moore's amendment seeks to have the inquiry into this legislation report in 2016. I know that it will not have escaped your attention that it is currently 2015. In fact, we have yet to reach the middle of 2015. What this amendment from Senator Moore seeks to do is to put the consideration of this legislation out into the never-never. The government is not adverse to an inquiry. We are very comfortable with an inquiry. In fact, we would have understood if the opposition had elected to have a date later in the year, but they have chosen not to.

The Deputy Prime Minister, who has responsibility for this legislation, has repeatedly stated the government's intention to ensure that the bill be subject to scrutiny by the parliament. We do not have an issue with that, but, as I have indicated, an inquiry process that will take more than six months is not reasonable, is counterproductive and will do nothing but further damage the shipping industry in Australia. We have already seen the number of major Australian registered ships with coastal licence plummet from 30 vessels in 2006-07 to just 15 in 2013-14. I pose the question: do Labor and the Greens want to wait until the industry is past the point of no return before action is taken?

The government has been consulting with stakeholders for more than a year on coastal shipping policy. Their response has been resounding. They want Labor's overly bureaucratic, deliberately cumbersome and inflexible legislation changed. It is also interesting that Labor would propose such a long committee process when this is the complete opposite of their behaviour when they introduced their own legislation when last in government. Labor rushed the legislation through the parliament, dumping a significant number of amendments on the parliament and without providing the then opposition or industry the opportunity to consider them in any detail to determine their impact. Such significant economic reform that will have such wide-reaching positive impact on the Australian economy warrants the consideration of the Senate economics committee, we propose. It warrants a reasonable time to be considered, but it does not need more than six months. This bill is broader than just shipping companies and our transport network. This is about the cost of doing business in Australia. This is about our sugar industry, our cement industry, aluminium, mineral sands, the resource sector, fertiliser industry, gypsum and petrol refineries to name but a few.

The government would like to send this bill to the Senate economics committee for a report date after the winter break, which would provide adequate time for consideration of this. If the opposition has proposed a date between that which we are nominating and next year, I could have understood that, but they are not. They have nominated 2016. That is unreasonable. We are proposing that this legislation is referred to the Economics Legislation Committee for report on 12 August 2015. We think that is an entirely reasonable proposition.

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

We are seeking that this piece of legislation go to the Senate Rural and Regional Affairs and Transport Legislation Committee. We are doing that for a number of reasons. One is that this is the committee under which most of these issues around shipping and transport are normally heard. We have Senator Sterle, behind me, who works in this committee. The important issues of shipping in Australia are already the subject of an extensive Senate Rural and Regional Affairs and Transport References Committee hearing, so it makes sense for the people who are working and negotiating all the time in this area, as an effective Senate committee, to have the same issues that they have been looking at to go to the same committee, which already has the estimates process for this industry.

We know that this is an extraordinarily complex area. We know that there was a long history of engagement in this process when Labor was in government

There were extensive considerations in the House of Reps looking at the whole area around national shipping, and we know that it has important environmental, national security and freight transport efficiency implications.

This is an important issue. There have been a number of reviews in the past, all of which reinforce the need for these issues to be considered carefully. They need a wide range of engagement. Sensibly, if you already have a committee process operating that has a reporting date in the first sitting week of next year, we truly believe that this is a more effective way. It will use the expertise best and respond most effectively to the industry if this matter is referred to the Rural and Regional Affairs and Transport Legislation Committee with the same reporting date as the references inquiry so that the work can be done together, all the issues can be looked at and we can maximise the efficiency of the debate. It is an important process. In speaking against Senator Fifield's amendment, I am also speaking to mine to minimise the length of the debate.

Jacqui Lambie (Tasmania, Independent) Share this | Link to this | Hansard source

Mr Deputy President, I seek leave to make a short statement.

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

Leave is granted for one minute.

Jacqui Lambie (Tasmania, Independent) Share this | Link to this | Hansard source

Thank you. The crossbenchers are a little concerned. August is too early, but 2016 is too late, so we are asking that some other compromise be made. Like you said, Senator Moore—and I respect you for it—it is a really important matter and it needs to be dealt with. I just think that leaving it to 2016 is too long.

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

Mr Deputy President, are we debating a motion?

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

The question before the chair is that the amendment moved by Senator Fifield be agreed to.

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

I will speak to that.

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

And let me advise the Senate that the time for this debate will end at 1.28. If the question has not been put by then, it will be put at that time.

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

I come from North Queensland, as I never stop telling people. Some of the big industries up there, such as sugar, aluminium and cement, are industries which use coastal shipping. Because of the actions of the Labor government in previous years, industries are being forced to ignore Australian product and import product—in sugar, in cement and in lots of things—because they simply cannot afford the cost of domestic shipping in Australia. This has been an issue for a long, long period of time and the government intends to do something about it. The opposition will no doubt oppose it, but, more than oppose it, they want to delay any real consideration of the bill out into the never-never. Suggesting that this be put out to next year is just incredibly dishonest. It shows that the Labor Party have no real interest in it. They are frightened that an earlier consideration by the committee and report to the Senate would encourage the crossbenchers to support the government's legislation. Labor do not want to take their chances, so they put it out into the never-never.

Senator Moore's contribution was full of hypocritical jargon. She was talking about sending things to another committee when a different committee is looking at it. Of course, the Labor Party have just facilitated another one of the abuses of the committee system by referring a matter that was being dealt with by the Senate Legal and Constitutional Affairs Legislation Committee—the Monis letters. It had come up in estimates and a request had been made. The legislation committee had moved to have a spillover so that people could be questioned about that. But, in the meantime, the Labor Party introduced a motion to send this to a references committee—the exact same issue.

As I said earlier today, this makes just a complete mockery of what was once a revered and respected Senate committee system. When I first joined the Senate 25 years ago, Senate committees worked cooperatively. They worked in a nonpartisan way. They actually achieved results that were good for governments. They alerted governments to obvious errors. Be they Liberal or Labor governments, the Senate committee system used to work in a bipartisan way. Today, I say with a lot of regret, the Senate committee system has just become a tool in the armoury of the Labor Party and the Greens political party to use them for purely political purposes—no real gain and no real policy commitment but purely for political purposes. That is what brings these committees into disrepute.

I think that Senator Fifield's motion is a good one, but perhaps I could foreshadow a further amendment that would, as Senator Lambie suggests, be a compromise that would involve something between August and next year. Rather than me foreshadowing an amendment, perhaps others in the chamber will. (Time expired)

Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

Mr Deputy President, I seek to move an amendment to Senator Fifield's amendment, and seek your guidance as to how we do this. The first part is that I move that the amendment be put in two parts. The question of which committee it ought to go to should be a separate question to the issue of the date, and, in respect of the date, that I move an amendment to Senator Fifield's amendment that the date be amended to Monday, 12 October 2015. I hope that is clear enough, Mr Deputy President.

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

Senator Fifield and Senator Moore are indicating it is clear.

Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

I am glad they find it clear. I move:

At the time of printing the text of the amendment was not available—

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

The question now is that Senator Xenophon's amendment, which is amending Senator Fifield's amendment, which is amending Senator Moore's amendment, which is amending the motion moved by Senator Bushby, be agreed to. The trouble is that I do not have any of these amendments in front of me, and I should have, so maybe we will get that and I can then put them in two parts for you, as requested. Your amendment, Senator Xenophon, is seeking simply to amend the date on Senator Fifield's amendment. That does not need to be put in two parts. That can just simply be done. Your amended amendment will then be put, Senator Fifield.

Senator Xenophon's amendment amending the date on Senator Fifield's amendment is the question before us. The question is that Senator Xenophon's amendment be agreed to.

Question agreed to.

Senator Xenophon, do you need another part?

Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

It is the issue of which committee it goes to and whether that be a separate question. We have dealt with the issue of the date, so there is some consensus in respect of that.

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

That has amended Senator Fifield's amendment. The other part of Senator Fifield's amendment, as I am reading it now, is effectively that it be referred to the Economics Committee, and that is in opposition to Senator Moore's amendment. Is everyone clear on that?

Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source

We are trying to achieve what we have and, I think, we have reached agreement of a sort in the chamber. Now, as I understand it, if we vote on Senator Fifield's motion, we vote it down, therefore we vote down the amended date. That is the problem. We actually then will have to amend Senator Moore's amendment.

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

This is part of the problem when senators simply get up and move amendments verbally without having them circulated. It does make it difficult for the chair. We are all trying to keep up, and we all know what we are trying to achieve. I am sure that will be the final outcome.

The part of Senator Fifield's amendment relating to the committee is the question before the chair. So everyone is clear on that. The question is that that motion be agreed to.

The problem we are facing is that we are trying to sort out an amendment, which everyone agrees to, as an amendment to an amendment that may not succeed. So the way through this I suggest—and this might be a first for the Senate—is why don't we see if Senator Moore will accept the change to the date as part of her amendment, and then Senator Fifield's amendment simply deals with the committee. Is everyone happy with that course of action? Senator Moore, could you indicate for the record that you would be happy with that.

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

I support that, Mr Deputy President.

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

Thank you. Now let us put Senator Fifield's amendment to the chamber. Thank you, Clerk.

The Clerk: The question is that the amendment moved by Senator Fifield proposing that Senator Moore's amendment referring the Shipping Legislation Amendment Bill 2015 to the Rural and Regional Affairs and Transport Legislation Committee be amended to send the bill to the Economics Legislation Committee.

Senator Macdonald.

Ian Macdonald (Queensland, Liberal Party) Share this | Link to this | Hansard source

Senator Moore's motion went to more than that. It said that it report by an October date. She has reframed her motion, as I understand it, to say it goes to the transport committee by 10 October. Senator Fifield is moving an amendment to say it goes to a different committee. That is the motion. That is what I was asking be read out to make sure it is absolutely clear. Perhaps I could ask again whether Senator Moore's motion, which she has accepted an amendment to, be read, and then Senator Fifield's motion be read.

The Clerk: The amendment as moved by Senator Moore and amended by leave by Senator Moore says: 'At the end of the motion to adopt the Selection of Bills Committee add: "But in respect of the Shipping Legislation Amendment Bill 2015, the provisions of the bill be referred immediately to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 12 October 2015". Senator Fifield's amendment is "to omit Rural and Regional Affairs and Transport Legislation Committee and replace it with Economics Legislation Committee".'

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

That is where I thought we were. The question is that Senator Fifield's amendment be agreed to.

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

I can advise the chamber, after all of that, that the question now is that Senator Moore's amendment, as amended by leave by Senator Moore, be agreed to. So that everyone is very clear: Senator Moore's amendment is the same, apart from the date. It has now been changed to October 2015.

Question agreed to.

The question now is that Senator Bushby's motion, as amended, be agreed to.

Question agreed to.