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

I present the 11th report of 2017 of the Selection of Bills Committee. I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows—

SELECTION OF BILLS COMMITTEE

REPORT NO. 11 OF 2017

1. The committee met in private session on Wednesday, 13 September 2017 at 7.15pm.

2. The committee recommends that—

(a) the provisions of the Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2017 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 16 October 2017 (see appendices 1 and 2 for a statement of reasons for referral);

(b) the provisions of the Criminal Code Amendment (Impersonating a Commonwealth Body) Bill 2017 be referredimmediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 13 November 2017 (see appendix 3 for a statement of reasons for referral);

(c) the provisions of the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2017 be referredimmediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 14 November 2017 (see appendix 4 for a statement of reasons for referral);

(d) contingent upon introduction in the Senate, the provisions of the Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Bill 2017 and Superannuation Laws Amendment (Strengthening Trustee Arrangements) Bill 2017 be referredimmediately to the Economics Legislation Committee but was unable to reach agreement on a reporting date (see appendices 5 and 6 for a statement of reasons for referral);

(e) the provisions of the Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 2) Bill 2017 be referredimmediately to the Economics Legislation Committee but was unable to reach agreement on a reporting date (see appendices 7 and 8 for a statement of reasons for referral); and

(f) contingent upon introduction in the Senate, the provisions of the Treasury Laws Amendment (Putting Consumers First—Establishment of the Australian Financial Complaints Authority) Bill 2017 be referredimmediately to the Economics Legislation Committee for inquiry and report by 17 October 2017 (see appendices 9 and 10 for a statement of reasons for referral).

3. The committee recommends that the following bills not be referred to committees:

Foreign Acquisitions and Takeovers Fees Imposition Amendment (Vacancy Fees) Bill 2017

First Home Super Saver Tax Bill 2017.

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

Customs Tariff Amendment (Singapore-Australia Free Trade Agreement Amendment Implementation) Bill 2017

Therapeutic Goods (Charges) Amendment Bill 2017

ASIC Supervisory Cost Recovery Levy Amendment Bill 2017

(David Bushby)

Chair

14 September 2017

Appendix 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2017

Reasons for referral/principal issues for consideration:

Investigate how the Bill works to protect vulnerable children and the community from child sex offenders.

Possible submissions or evidence from: Australian Federal Police

Commonwealth Department of Public Prosecutions

Committee to which bill is to be referred:

Senate Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

To be determined by Committee

Possible reporting date:

8 November

(signed)

Senator Mitch Fifield

Appendix 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2017

Reasons for referral/principal issues for consideration:

This bill deals with the protection of children from the dangers of child sexual abuse. The bill targets all aspects of the child sex offender cycle from the commission of an offence, to bail, sentencing and post-imprisonment.

Given the importance of the subject matter, the complexity of some of the bill's provisions and the broad scope of the bill, it would be appropriate to refer the Bill to committee for consideration.

Possible submissions or evidence from:

Attorney-General's Department, CDPP, Office of the eSafety Commissioner, the Australian Federal Police, Law Council of Australia, State and Territory Law Associations (e.g. Law Institute of Victoria), State and Territory Bar Associations, Australian Criminal Intelligence Commission, Alannah and Madeline Foundation, State and Territory police forces, Australian Institute of Health and Welfare, State, Territory and Federal Government Departments responsible for child protection, major internet service providers (e.g. Telstra, Optus, iiNet, Internode, TPG Internet)

Committee to which bill is to be referred:

Senate Standing Committees on Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

16 October 2017

(signed)

Senator Anne Urquhart

Appendix 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: Criminal Code Amendment (Impersonating a Commonwealth Body) Bill 2017 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.

Possible submissions or evidence from:

Attorney-General's Department

Australian Federal Police

Commonwealth Director of Public Prosecutions

Australian Human Rights Commission

Law Council of Australia

Committee to which bill is to be referred:

Senate Legal & Constitutional Affairs Legislation Committee

Possible hearing date(s):

N/A

Possible reporting date:

13 November 2017

(signed)

Senator Anne Urquhart

Appendix 4

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2017

Reasons for referral/principal issues for consideration:

The Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2017 (the Bill) amends the Migration Act 1958 (Migration Act) to allow the Minister to determine a thing as prohibited. This a significant change to the operation of Immigration Detention Centres. There is a level of concern among stakeholders about the proposed amendments that suggests that further examination of the bill is necessary.

Possible submissions or evidence from:

Refugee Council of Australia, Refugee Legal, Asylum Seeker Resource Centre

Committee to which bill is to be referred:

Legal & Constitutional Affairs Legislation Committee

Possible hearing date(s):

Possible reporting date:

14th November 2017

(signed)

Senator Rachel Siewert

Appendix 5

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Superannuation Laws Amendment (Strengthening Trustee Arrangements) Bill 2017

Reasons for referral/principal issues for consideration:

Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Bill 2017

- Investigate how the Bill will work to protect superannuation members' money and interests through a strong, transparent and more accountable superannuation system with a strong prudential regulator

Superannuation Laws Amendment (Strengthening Trustee Arrangements) Bill 2017 was considered by the Senate Economics Legislation Committee in the last Parliament over a period of approximately seven weeks. The name of the Bill in the last parliament was Superannuation Legislation Amendment (Trustee Governance) 8111 2015.

Possible submissions or evidence from:

- Superannuation industry participants including associations and individual superannuation funds

Consumer representatives

Corporate Governance and legal experts

- Trade unions

Employer associations

Small and large business associations

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:

4 October 2017

(signed)

Senator Mitch Fifield

Appendix 6

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bills:

Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Bill 2017

Superannuation Laws Amendment (Strengthening Trustee Arrangements) Bill 2017

Reasons for referral/principal issues for consideration: Detailed scrutiny of the provisions of the Bill and their implications

Possible submissions or evidence from:

Industry and community stakeholders, relevant government departments

Committee to which bill is to be referred:

Senate Economics Legislation Committee

Possible hearing date(s):

TBD by Committee

Possible reporting date: 27 November 2017

(signed)

Senator Anne Urquhart

Appendix 7

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 2) Bill 2017

Reasons for referral/principal issues for consideration:

Investigate how the Bill will operate to enable an additional one million people to choose their own superannuation fund; and how it will ensure that workers who make salary sacrifice contributions to superannuation are not short-changed and receive their full superannuation guarantee entitlements

Possible submissions or evidence from:

Superannuation industry participants including associations and individual superannuation

funds

Consumer representatives

Trade unions

Employer associations

Small and large business associations

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(s):

11 October 2017

(signed)

Senator Mitch Fifield

Appendix 8

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 2) Bill 2017

Reasons for referral/principal issues for consideration: Detailed scrutiny of the provisions of the Bill and their implications

Possible submissions or evidence from:

Industry and community stakeholders, relevant government departments

Committee to which bill is to be referred:

Senate Economics Legislation Committee

Possible hearing date(s):

TBD by Committee

Possible reporting date:

27 November 2017

(signed)

Senator Anne Urquhart

Appendix 9

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Treasury Laws Amendment (Putting Consumers First - Establishment of the Australian Financial Complaints Authority) Bill 2017

Reasons for referral/principal issues for consideration:

Investigate how the Bill will improve access to redress, for both consumers and small businesses, in respect of their disputes with financial institutions.

Possible submissions or evidence from:

Financial Ombudsman Services

Superannuation Complaints Tribunal

Credit and Investment Ombudsman

Australian Small Business and Family Enterprise Ombudsman

ASIC

Consumer Action Law Centre, and associated entities.

CHOICE

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:

1 November 2017

(signed)

Senator Mitch Fifield

Appendix 10

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Treasury Laws Amendment (Putting Consumers First — Establishment of the Australian Financial Complaints Authority) Bill 2017

Reasons for referral/principal issues for consideration:

Detailed scrutiny of the provisions of the Bill and their implications

Possible submissions or evidence from:

Consumer groups, industry and community stakeholders, relevant agencies and organisations

Committee to which bill is to be referred:

Senate Economics Legislation Committee

Possible hearing date(s):

TBD by Committee

Possible reporting date:

17 October 2017

(signed)

Senator Anne Urquhart

I move:

That the report be adopted.

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

I move the following amendment:

At the end of the motion, add "and, in respect of:

(a) the Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Bill 2017 and the Superannuation Laws Amendment (Strengthening Trustee Arrangements) Bill 2017; and

(b) the Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 2) Bill 2017, the Economics Legislation Committee report by 23 October 2017".

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

I move an amendment to Senator Fifield's amendment:

  Omit "23 October 2017", substitute "27 November 2017".

This amendment would simply extend the reporting date from 23 October 2017 to 27 November 2017. There has been a similar amendment circulated in the chamber with the actual date, but I acknowledge that this is now an amendment to Minister Fifield's amendment. The simple argument on this is that this is a significant package of bills. The Economics Legislation Committee is a busy committee. These are contested changes; we already know that. There will be the need for hearings and submissions for these bills. We believe that a November reporting date is a much more realistic timetable for inquiry into these superannuation bills and report back to the Senate. I hope the Senate can support my amendment.

Gavin Marshall (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

The question is that the amendment, as moved by Senator Gallagher, to Senator Fifield's amendment be agreed to.

The DEPUTY PRESIDENT : (11:08) The question is that the amendment, as moved by Senator Fifield, be agreed to.

Question agreed to.

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

by leave—I move:

At the end of the motion, add, "and, in respect of the Customs Amendment (Anti-Dumping Measures) Bill 2017, the provisions of the bill be referred immediately to the Economics Legislation Committee for inquiry and report by 6 October 2017."

Question agreed to.

Original question, as amended, agreed to.