Senate debates
Thursday, 13 October 2016
Committees
Selection of Bills Committee; Report
12:07 pm
David Bushby (Tasmania, Liberal Party) Share this | Link to this | Hansard source
I present the seventh report of 2016 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. 7 OF 2016
13 October 2016
MEMBERS OF THE COMMITTEE
Senator David Bushby (Government Whip, Chair)
Senator Anne Urquhart (Opposition Whip)
Senator Brian Burston (Pauline Hanson's One Nation Whip)
Senator Derryn Hinch (Derryn Hinch's Justice Party Whip)
Senator Skye Kakoschke-Moore (Nick Xenophon Team Whip)
Senator Rachel Siewert (Australian Greens Whip)
Senator John Williams (The Nationals Whip)
Senator Catryna Bilyk
Senator David Fawcett
Senator Katy Gallagher
Senator the Hon Mitch Fifield
Secretary: Chris Reid
6277 3020
SELECTION OF BILLS COMMITTEE
REPORT NO. 7 OF 2016
1. The committee met in private session on Wednesday, 12 October 2016 at 7.34 pm.
2. The committee resolved to recommend—That—
(a) the provisions of the Australian Crime Commission Amendment (Criminology Research) Bill 2016 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 9 November 2016 (see appendix 1 for a statement of reasons for referral);
(b) the Criminal Code Amendment (Firearms Trafficking) Bill 2016 be referred immediately to the Legal and Constitutional Affairs Legislation Committee but was unable to reach agreement on a reporting date (see appendix 2 for a statement of reasons for referral);
(c) the Great Australian Bight Environment Protection Bill 2016 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by the last sitting day March 2017 (see appendix 3 for a statement of reasons for referral);
(d) the provisions of the Income Tax Rates Amendment (Working Holiday Maker Reform) Bill 2016, the Treasury Laws Amendment (Working Holiday Maker Reform) Bill 2016, the Superannuation (Departing Australia Superannuation Payments Tax) Amendment Bill 2016 and the Passenger Movement Charge Amendment Bill 2016 be referred immediately to the Economics Legislation Committee for inquiry and report by 7 November 2016 (see appendices 4, 5 and 6 for a statement of reasons for referral);
(e) the provisions of the Social Services Legislation Amendment (Simplifying Student Payments) Bill 2016 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 7 November 2016 (see appendix 7 for a statement of reasons for referral);
(f) contingent upon its introduction in the House of Representatives, the provisions of the Social Services Legislation Amendment (Transition Mobility Allowance to the National Disability Insurance Scheme) Bill 2016 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 21 November 2016 (see appendices 8 and 9 for a statement of reasons for referral); and
(g) contingent upon its introduction in the House of Representatives, the provisions of the VET Student Loans Bill 2016, the VET Student Loans (Consequential Amendments and Transitional Provisions) Bill 2016 and the VET Student Loans (Charges) Bill 2016 be referred immediately to the Education and Employment Legislation Committee for inquiry and report by 7 November 2016 (see appendices 10, 11 and 12 for a statement of reasons for referral).
3. The committee resolved to recommend—That the following bills not be referred to committees:
Broadcasting Legislation Amendment (Television and Radio Licence Fees) Bill 2016
Competition and Consumer Amendment (Australian Country of Origin Food Labelling) Bill 2015
Counter-Terrorism Legislation Amendment Bill (No. 1) 2016
Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2016
Criminal Code Amendment (War Crimes) Bill 2016
Guardian for Unaccompanied Children Bill 2014
Independent National Security Legislation Monitor (Improved Oversight and Resourcing) Bill 2014
Migration Amendment (Free the Children) Bill 2016
Offshore Petroleum and Greenhouse Gas Storage Amendment (Petroleum Pools and Other Measures) Bill 2016
Private Health Insurance Amendment (GP Services) Bill 2014
Register of Foreign Ownership of Agricultural Land Amendment (Water) Bill 2016
Water Legislation Amendment (Sustainable Diversion Limit Adjustment) Bill 2016.
The committee recommends accordingly.
4. The committee deferred consideration of the following bills to its next meeting:
Australian Centre for Social Cohesion Bill 2015
Automotive Transformation Scheme Amendment (Securing the Automotive Component Industry) Bill 2015
Charter of Budget Honesty Amendment (Intergenerational Report) Bill 2015
Corporations Amendment (Life Insurance Remuneration Arrangements) Bill 2016
Customs Amendment (2017 Harmonized System Changes) Bill 2016
Customs Tariff Amendment (2017 Harmonized System Changes) Bill 2016
End Cruel Cosmetics Bill 2014
Freedom to Marry Bill 2016
Higher Education Support Legislation Amendment (2016 Measures No. 1) Bill 2016
Mining Subsidies Legislation Amendment (Raising Revenue) Bill 2014
Motor Vehicle Standards (Cheaper Transport) Bill 2014
Narcotic Drugs Legislation Amendment Bill 2016
Narcotic Drugs (Licence Charges) Bill 2016
National Integrity Commission Bill 2013
Privacy Amendment (Re-identification Offence) Bill 2016
Racial Discrimination Amendment Bill 2016
Racial Discrimination Law Amendment (Free Speech) Bill 2016
Recognition of Foreign Marriages Bill 2014
Regulatory Powers (Standardisation Reform) Bill 2016
Seafarers and Other Legislation Amendment Bill 2016
Seafarers Safety and Compensation Levies Bill 2016
Seafarers Safety and Compensation Levies Collection Bill 2016
Social Security Legislation Amendment (Youth Jobs Path: Prepare, Trial, Hire) Bill 2016
Tax and Superannuation Laws Amendment (2016 Measures No. 2) Bill 2016
Veterans' Affairs Legislation Amendment (Budget and Other Measures) Bill 2016.
(David Bushby)
Chair
13 October 2016
APPENDIX 1
Proposal to refer a bill to a committee:
Name of bill:
Australian Crime Commission Amendment (Criminology Research) Bill 2016
Reasons for referral/principal issues for consideration:
Since an earlier version of this Bill was introduced into the 44th Parliament in 2015, there have been significant changes made to the Explanatory Memorandum that should be examined.
There has also been a significant change in the composition of the Senate and it would be appropriate to allow the new Senators the opportunity to engage with this legislation.
Very limited submissions were received by the previous inquiry into the 2015 Bill and a further referral would provide another opportunity for submissions from stakeholders.
Possible submissions or evidence from:
Attorney-General's Department
Australian Institute of Criminology
Academics with specialisation in law, criminology and crime statistics.
Australian and New Zealand Society of Criminology
NSW Bureau of Crime Statistics and Research
Crime Statistics Agency Victoria
Australian Psychological Society
Crime and Corruption Commission Queensland
South Australian Office of Crime Statistics & Research
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:
21 November 2016.
(signed)
Senator Anne Urquhart
APPENDIX 2
Proposal to refer a bill to a committee:
Name of bill:
Criminal Code Amendment (Firearms Trafficking) Bill
Reasons for referral/principal issues for consideration:
This is legislation which proposes changes to the criminal law. The criminal law has a significant impact on the rights and obligations of the Australian people, including potentially the ability to see them deprived of their liberty.
It is appropriate and responsible for the Senate to properly examine the impact of proposed criminal laws, including in light of recent developments.
There has also been a significant change in the composition of the Senate and it would be appropriate to allow the new Senators the opportunity to engage with this legislation.
Possible submissions or evidence from:
Attorney-General's Department
Australian Strategic Policy Institute
State and Territory Bar Associations (e.g. NSW Bar Association)
The Commonwealth Magistrates' and Judges' Association
The Law Society of New South Wales
Australian Human Rights Commission
Department of Immigration and Border Protection
State and Territory Police (e.g. Victoria Police)
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:
First sitting Monday in 2017
(signed)
Senator Anne Urquhart
APPENDIX 3
Proposal to refer a bill to a committee:
Name of bill:
Great Australian Bight Environment Protection Bill 2016
Reasons for referral/principal issues for consideration:
Although BP pulled out yesterday the risk remains – 6 companies currently have expressed an intention to drill in the Bight.
Possible submissions or evidence from:
Environmental Groups, small business owners, Aboriginal TOs, NOPSEMA.
Committee to which bill is to be referred:
Senate Environment and Communications Legislation Committee
Possible hearing date(s):
December, January, February
Possible reporting date:
March, April
(signed)
Senator Rachel Siewert
APPENDIX 4
Proposal to refer a bill to a committee:
Name of bill:
Income Tax Rates Amendment (Working Holiday Maker Reform) Bill 2016
Treasury Laws Amendment (Working Holiday Maker Reform) Bill 2016
Superannuation (Departing Australia Superannuation Payments Tax) Amendment Bill 2016
Passenger Movement Charge Amendment Bill 2016
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Senate Economics Legislative Committee
Possible hearing date(s):
To be determined by the committee.
Possible reporting date:
Monday 7 November 2016
(signed)
Senator Anne Urquhart
APPENDIX 5
Proposal to refer a bill to a committee:
Name of bill:
Income Tax Rates Amendment (Working Holiday Maker Reform) Bill 2016
Treasury Laws Amendment (Working Holiday Maker Reform) Bill 2016
Superannuation (Departing Australia Superannuation Payments Tax) Amendment Bill 2016
Passenger Movement Charge Amendment Bill 2016
Reasons for referral/principal issues for consideration:
To scrutinize the proposed changes of the backpacker tax and passenger movement charge and the impact they will have on agricultural and tourism dependent communities.
Possible submissions or evidence from:
Tourism and Transport Forum Australia.
Australian Federation of Travel Agents
AusVeg
WAFarmers
Committee to which bill is to be referred:
Economics References Committee
Possible hearing date(s):
Wednesday 9 November
Possible reporting date:
Monday 21 November
(signed)
Senator Rachel Siewert
APPENDIX 6
Proposal to refer a bill to a committee:
Name of bill:
Income Tax Rates Amendment (Working Holiday Maker Reform) Bill 2016
Treasury Laws Amendment (Working Holiday Maker Reform) Bill 2016
Superannuation (Departing Australia Superannuation Payments Tax) Amendment Bill 2016
Passenger Movement Charge Amendment Bill 2016
Reasons for referral/principal issues for consideration:
Effect on the backpacker sector and the tourism sector and associated sectors.
Possible submissions or evidence from:
Committee to which bill is to be referred:
Economics Legislation Committee
Possible hearing date(s):
31 October 2016
Possible reporting date:
7 November 2016
(signed)
Senator Skye Kakoschke-Moore
APPENDIX 7
Proposal to refer a bill to a committee:
Name of bill:
Social Services Legislation Amendment (Simplifying Student Payments) Bill 2016
Reasons for referral/principal issues for consideration:
Concern of the impact of the bill on young people
Possible submissions or evidence from:
National Welfare Rights Network, ACOSS, Catholic Social Services, National Union of Students
Committee to which bill is to be referred:
Community Affairs Legislation Committee
Possible hearing date(s):
Possible reporting date:
November 2016
(signed)
Senator Rachel Siewert
APPENDIX 8
Proposal to refer a bill to a committee:
Name of bill:
Social Services Legislation amendment (Transition Mobility Allowance to the National Disability Insurance Scheme) Bill 2016
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Disability advocacy groups – ACOSS, AFDO, DANA, NDS, Queensland Advocacy Incorporated, People with Disabilities WA, Children and Young People with Disability Australia
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:
21 November 2016
(signed)
Senator Anne Urquhart
APPENDIX 9
Proposal to refer a bill to a committee:
Name of bill:
Social Services Legislation Amendment (Transition Mobility Allowance to the National Disability Insurance Scheme) Bill 2016
Reasons for referral/principal issues for consideration:
Concern of the impact of the bill of people with a disability
Possible submissions or evidence from:
People with Disability Australia, Women with Disabilities Australia, First Peoples Disability Network, National Ethnic Disability Alliance, National Welfare Rights Network, ACOSS, Catholic Social Services
Committee to which bill is to be referred:
Community Affairs Legislation Committee
Possible hearing date(s):
Possible reporting date:
28 November 2016
(signed)
Senator Rachel Siewert
APPENDIX 10
Proposal to refer a bill to a committee:
Name of bill:
VET Student Loans Bill 2016
VET Student Loans (Consequential Amendments and Transitional Provisions) Bill 2016
VET Student Loans (Charges) Bill 2016
Reasons for referral/principal issues for consideration:
An opportunity for stakeholders to provide feedback on the proposed arrangements
Possible submissions or evidence from:
Industry/employer groups
Training organization representative bodies/providers
Students/Student representatives
Unions
States and Territory Governments
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:
7 November 2016
(signed)
Senator Mitch Fifield
APPENDIX 11
Proposal to refer a bill to a committee:
Name of bill:
VET Student Loans Bill 2016
VET Student Loans (Consequential Amendments and Transitional Provisions) Bill 2016
VET Student Loans (Charges) Bill 2016
Reasons for referral/principal issues for consideration:
Involved serious and wide-spread changes, industry and stake-holder concerns, Bills require consideration and examination.
Possible submissions or evidence from:
Education providers, unions
Committee to which bill is to be referred:
Education and Employment
Possible hearing date(s):
Week of 14th November
Possible reporting date:
Monday 28 November 2016
(signed)
Senator Rachel Siewert
APPENDIX 12
Proposal to refer a bill to a committee:
Name of bill:
VET Student Loans Bill 2016
VET Student Loans (Consequential Amendments and Transitional Provisions) Bill 2016
VET Student Loans (Charges) Bill 2016
Reasons for referral/principal issues for consideration:
Scrutiny of major changes to VET student loans – opportunity for stakeholder scrutiny
Possible submissions or evidence from:
Australian Council of Private Education and Training
TAFE Directors Association
Consumer Action Law Centre
Department of Education and Training
Committee to which bill is to be referred:
Senate Employment and Education Legislation Committee
Possible hearing date(s):
To be agreed
Possible reporting date:
7 November 2016 (as agreed with Senator Birmingham)
(signed)
Senator Anne Urquhart
I move:
That the report be adopted.
12:08 pm
Katy Gallagher (ACT, Australian Labor Party) Share this | Link to this | Hansard source
I move:
At the end of the motion, add, "and,
(1) in respect of the provisions of the Criminal Code Amendment (Firearms Trafficking) Bill 2016, the Legal and Constitutional Affairs Legislation Committee report by 7 November 2016."
Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source
I indicate that the Greens will support that amendment, though I also give notice that I will be moving an amendment, which has already been circulated in my name, to the motion that the report be adopted. The amendment provides that the Criminal Code Amendment (War Crimes) Bill 2016 be referred to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by the first sitting day of 2011.
We attempted last night to refer this bill to the Foreign Affairs, Defence and Trade Legislation Committee. The reasons for referral are grave. We are astonished that the committee did not support it, because we think this bill has changes that deserve public scrutiny. We are unaware of any consideration of this bill in public and we understand that the last time the war crimes offences incorporated in domestic criminal law were amended was in 2002.
The changes proposed in this bill seriously alter the governance of ADF personnel in combat and change the definition of a war crime. This is an issue that has just recently broken as a story on radio, with the internal Defence inquiry into potential war crimes on foot at present. This is a highly charged, complex topic and there is a need to hear from the ADF about why such changes are needed and what actions they are trying to take that are being prevented by existing war crimes legislation. Parliament should have a greater role in debating the use of military force and the implications of those deployments. These are some of the most important decisions a nation can make, and that is what parliament should be for.
Australian forces operate under much more stringent rules of engagement than many of our allies, including the US. Anything that creates a risk of changing that needs to be carefully scrutinised. The announcement is also of concern since the Criminal Code was developed to reflect international law, and the extent to which Australia is following a dangerous precedent, set by the US, to expand international law's permissiveness around targeted killing must be explored. We also feel it is necessary to determine exactly what constraints the Australian Defence Force believes exists and who is in the list of persons not involved in hostilities, including civilians, medical personnel or religious personnel who not taking an active part in hostilities. Recent counterterrorism and national security views do not consider war crimes offences.
It is also of grave concern that proposed amendments did not arise from the recommendations of various recent reviews of national security and counterterrorism legislation and in fact appear to be materially different to the recommendations made by both the former INSLM and the COAG review of counterterrorism laws in 2013. We are aware of grave concerns about this bill from experts on the ground in actual war zones and protracted conflicts around the world in which we are implicated. This involves the International Committee of the Red Cross and Medecins San Frontieres.
For these reasons we strongly implore the government and the opposition to allow a full, thorough, public review of this legislation, and we believe the most appropriate committee therefore is the Foreign Affairs, Defence and Trade Legislation Committee.
Stephen Parry (President) Share this | Link to this | Hansard source
Thank you, Senator Siewert. Just to clarify: you did say 'the first sitting day of 2011'. I presume you meant 2017?
Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source
Yes, 2017; I beg your pardon.
Stephen Parry (President) Share this | Link to this | Hansard source
Thank you. The question before the chair now is that the amendment moved by Senator Gallagher be agreed to.
Question agreed to.
Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source
I move:
At the end of the motion, add, "and,
(1) in respect of the Criminal Code Amendment (War Crimes) Bill 2016 the provisions of the bill be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by first sitting day of 2017."
Question negatived.
Stephen Parry (President) Share this | Link to this | Hansard source
The question now is that the motion moved by Senator Bushby be agreed to.
Question agreed to.