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

I present the second report of 2017 of the Selection of Bills Committee and I seek leave to have the report incorporated into Hansard.

Leave granted.

The report read as follows

SELECTION OF BILLS COMMITTEE

REPORT NO. 2 OF 2017

1. The committee met in private session on Wednesday, 15 February 2017 at 7.24 pm.

2. The committee recommends—That—

(a) the Australian Broadcasting Corporation Amendment (Restoring Shortwave Radio) Bill 2017 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 10 May 2017 (see appendix 1 for a statement of reasons for referral);

(b) the provisions of the Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 17 March 2017 (see appendix 2 and 3 for a statement of reasons for referral); and

(c) the provisions of the Treasury Laws Amendment (Combating Multinational Tax Avoidance) Bill 2017 and the Diverted Profits Tax Bill 2017 be referred immediately to the Economics Legislation Committee for inquiry and report by 20 March 2017 (see appendix 4 for a statement of reasons for referral).

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

The committee recommends accordingly.

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

(David Bushby)

Chair

16 February 2017

APPENDIX 1

Proposal to refer a bill to a committee:

Name of bill:

Australian Broadcasting Corporations Amendment (Restoring Short wave Radio) Bill 2017

Reasons for referral/principal issues for consideration:

Consideration of the impact of the requirement for the ABC to retain its shortwave radio transmission radio service provided in the Bill.

Possible submissions or evidence from:

The ABC

Australian Strategic and Policy Institute

Friends of the ABC

Department of Foreign Affairs and Trade

Department of Communications

Committee to which bill is to be referred:

Environment and Communications

Possible hearing date(s):

3 April 2017

Possible reporting date:

10 May 2016

(signed)

Senator Kakoschke-Moore

APPENDIX 2

Proposal to refer a bill to a committee:

Name of bill:

Native Title Amendment {Indigenous Land Use Agreements) Bill 2017

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Attorney-General's Department

Native Title Law Council

National Native Title Council

National Native Title Tribunal

Native Title Services

Australian Law Reform Commission

Minerals Council of Australia

National Parks Associations

Committee to which bill is to be referred:

Senate Legal & Constitutional Affairs Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

17 March 2017

(signed)

Senator Urquhart

APPENDIX 3

Proposal to refer a bill to a committee:

Name of bill:

Native Title Amendment (Indigenous Land Use Agreements) Bill 2017

Reasons for referral/principal issues for consideration:

Stakeholder views on the Bill.

Possible submissions or evidence from:

National Native Title Council, Northern Land Council , Kimberley Land Council, South West Aboriginal Land and Sea Council, Central Land Council , Wangan and Jagalingou (W&J) Traditional Owners Council and other Native Title groups

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

Possible reporting date:

27 March 2017

(signed)

Senator Siewert

APPENDIX 4

Proposal to refer a bill to a committee:

Name of bill:

Treasury Laws Amendment (Combating Multinational Tax Avoidance) Bill 2017

Diverted Profits Tax Bill 2017

Reasons for referral/principal issues for consideration:

Impact of these bills on the Australian government's budget position

Impact of these bills on the investment environment

Impact of these bills on equality

Possible submissions or evidence from:

Business sector

Trade unions

Social justice sector

Academics

Committee to which bill is to be referred:

Economics

Possible hearing date(s):

Early March; April

Possible reporting date:

9 May 2017

(signed)

Senator Siewert

I move:

That the report be adopted.

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

I move:

That the time for the presentation of the final report of the Selection of Bills Committee on the Native Title Amendment (Indigenous Land Use Agreements) Bill 2017 that has been referred to the Legal and Constitutional Affairs Committee be extended to 8 May 2017.

This bill is a very complex bill. It will make significant changes to native title. I have had a number of consultations with a number of people, many of whom support the concept of the changes, many of whom do not support the concept of the changes. I and a number of people have expressed concern about the rushed nature of the debate on these native title changes. In fact, the proposals for change had been made for quite a number of years before the court case that has now triggered the government's sense of urgency, which we think is more around the Adani mine in Queensland than any sincere desire to help address some of the ongoing issues about ILUAs—land-use agreements. So we think that these changes need a considerable period of time to allow consultation.

I, as I said, have been talking to a number of groups from around Australia and I clearly acknowledge there are groups that are in support of these changes and there are groups that are opposed to these changes and other people, who support the concept but who think that amendments need to be made. We need time to assess these changes. The government will probably stand up and say, 'You wanted to refer it to 27 March.' There was not agreement to that in the report; it went to 17 March. However, overnight and this morning, there has been increased concern raised with me. I think it needs much further consultation, to 8 May. That would allow everybody to have a look at these amendments, to actually understand the impacts of the amendments and whether in fact there needs to be amendments to the amendments or other things added to the bill.

This is a serious issue. The fact is these issues have been raised over a number of years. There has been a lack of action, an unwillingness to address these issues until suddenly it starts threatening mining in the resource industry. That is what is driving the government's overwhelming desire to rush this through now rather than allow a significant period of time to actually assess the impacts of very serious amendments of an already very complex piece of legislation. This will allow us to assess those amendments. I urge the chamber to acknowledge this is complex and to support changing the date so that we can have a thorough review through the Legal and Constitutional Affairs Committee of the changes to the Native Title Act.

Katy Gallagher (ACT, Australian Labor Party) Share this | Link to this | Hansard source

On the amendment, the opposition is sympathetic to the comments just made by Senator Siewert. We agreed last night that 17 March was an appropriate time for referral but we also acknowledge that these issues are complex and that there will be a lot of stakeholder interest. We would leave that in the hands of the committee as it progresses with the consideration of the Native Title Amendment Act. I am not disputing that these issues are complex but we, at the moment, are happy with 17 March. We will await further advice from the committee once that inquiry is undertaken to see whether any further extensions are required.

Richard Di Natale (Victoria, Australian Greens) Share this | Link to this | Hansard source

It is really important to acknowledge here that what we are talking about is a very complex piece of legislation, a fundamental piece of legislation that goes to the very heart of what it means to achieve recognition of country for Aboriginal people. The idea that a government dominated committee for reasons of its own is the arbiter of for an appropriate time line in this is laughable. This is a really complex issue. This is something that stems back decades. We know that there are many problems with the legislation as it stands. We have heard from people right across the community about how critical it is to get this right. Why would we simply rush this piece of legislation through this parliament when it has been so contentious for so long? Many Indigenous groups have stood up and said: 'We want this done and done properly.'

Let's be frank about this; we know that this is a rushed timetable to try and facilitate the development of the Adani coalmine. We need to see some, I think, thorough reflection, some thorough inquiry to get this right; otherwise, we will be here again and again. That is why my colleague Senator Rachel Siewert has proposed that we extend that time line to May 8 and that we give this issue the attention that it deserves.

Sue Lines (WA, Australian Labor Party) Share this | Link to this | Hansard source

The question is that the amendment moved by Senator Siewert to move the reporting date to 8 May be agreed to.

Question negatived.

The question now is that the report as presented by Senator Bushby be adopted.

Question agreed to.