Senate debates

Thursday, 23 August 2018

Committees

Selection of Bills Committee; Report

11:45 am

Photo of David BushbyDavid Bushby (Tasmania, Liberal Party) Share this | | Hansard source

I present the ninth report of 2018 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. 9 of 2018

1. The committee met in private session on Wednesday, 22 August 2018 at 7.13 PM.

2. The committee recommends that—

(a) contingent upon introduction in the House of Representatives, the provisions of the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and the Customs Tariff Amendment (Comprehensive Agreement for Trans-Pacific Implementation) Bill 2018 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 10 October 2018 (see appendix 1 for a statement of reasons for referral);

(b) contingent upon introduction in the House of Representatives, the provisions of the Federal Circuit and Family Court of Australia Bill 2018 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2018 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 Freedom of Information Legislation Amendment (Improving Access and Transparency) Bill 2018 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 30 November 2018 (see appendix 3 for a statement of reasons for referral);

(d) the Intelligence Services Amendment (Enhanced Parliamentary Oversight of Intelligence Agencies) Bill 2018 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 12 November 2018 (see appendix 4 for a statement of reasons for referral);

(e) the provisions of the My Health Records Amendment (Strengthening Privacy) Bill 2018 be referredimmediately to the Community Affairs Legislation Committee for inquiry and report by 8 October 2018 (see appendix 5 for a statement of reasons for referral);

(f) contingent upon introduction in the Senate, the Social Security Legislation Amendment (Community Development Program) Bill 2018 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 12 October 2018 (see appendix 6 for a statement of reasons for referral); and

(g) the Treasury Laws Amendment (Improving the Energy Efficiency of Rental Properties) Bill 2018 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 23 November 2018 (see appendix 7 for a statement of reasons for referral).

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

    Customs Tariff Amendment (Pacific Agreement on Closer Economic Relations Plus Implementation) Bill 2018

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

          (David Bushby)

          Chair

          23 August 2018

          Appendix 1

          SELECTION OF BILLS COMMITTEE

          Proposal to refer a bill to a committee

          Name of bill:

          Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018

          Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Implementation) Bill 2018

          (to be originated in the House of Representatives on Thursday 23 August 2018)

          Reasons for referral/prin cipal issues for consideration:

          Further scrutiny by non-government Senators.

          Possible submissions or evidence from:

          AFTINET, ACTU, The Australia Institute, Friends of the Earth, Productivity Commission, Australian Medical Association.

          Committee to which bill is to be referred:

          Senate Economics Legislative Committee

          Possible reporting date:

          18th October

          Appendix 2

          SELECTION OF BILLS COMMITTEE

          Proposal to refer a bill to a committee

          Name of bill:

          Federal Circuit and Family Court of Australia Bill 2018; Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2018

          Reasons for referral/principal issues for consideration:

          Concerns regarding the Federal Circuit's ability to absorb the functions of Family Court

          Possible submissions or evidence from:

          Legal and family rights experts and advocates

          Committee to which bill is to be referred:

          Legal and Constitutional Affairs

          Possible hearing date(s):

          3-4 October 2018; 7-8 November 2018; 31 January-1 February 2019

          Possible reporting date:

          15 April 2019 (after Professor Helen Rhoades delivers her report on the Review by the Australian LawReform Commission of the Family Law System, on 31 March 2019)

          SELECTION OF BILLS COMMITTEE

          Proposal to refer a bill to a committee

          Name of bill:

            Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions)Bill 2018

            Reasons for referral/principal issues for consideration:

                Possible submissions or evidence from:

                              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:

                              15 April 2019

                              Appendix 3

                              SELECTION OF BILLS COMMITTEE

                              Proposal to refer a bill to a committee

                              Name of bill:

                              Freedom of Information Legislation Amendment (Improving access and transparency)

                              Reasons for referral/principal issues for consideration:

                              Impact and benefits

                              Affect on OAIC resources/processes

                              Possible submissions or evidence from:

                              OAIC/Attorney/Law Council/Media Organisations

                              Accountability Roundtable

                              Committee to which bill is to be referred:

                              Legal and Constitutional

                              Possible reporting date:

                              30 November 2018

                              Appendix 4

                              SELECTION OF BILLS COMMITTEE

                              Proposal to refer a bill to a committee

                              Name of bill:

                              Intelligence Services Amendment

                              (Enhanced parliamentary oversight of Intelligence Agencies Bill 2018)

                              Reasons for referral/principal issues for consideration:

                              The need for operational oversight and the best mechanisms for achieving this.

                              Possible submissions or evidence from:

                              AFP, DIO, ONA, AGO, ASIO, Defence, IGIS, DFAT, ASIS, ASD, Home Affairs

                              Committee to which bill is to be referred:

                              Finance and Public Administration (Intel Service coordinated from PM's Office)

                              Possible reporting date:

                              18 November 2018

                              SELECTION OF BILLS COMMITTEE

                              Proposal to refer a bill to a committee

                              Name of bill:

                              Intelligence Services Amendment (Enhanced Parliamentary Oversight of Intelligence Agencies) Bill 2018

                              Reasons for referral/principal issues for consideration:

                              To understand:

                                    Possible submissions or evidence from:

                                    Department of the Prime Minister and Cabinet

                                    Intelligence agencies

                                    Department of Home Affairs

                                    Department of the Attorney General

                                    Law Council of Australia and other members of civil society who regularly submit to the PJCIS

                                    Committee to which bill is to be referred:

                                    Senate Finance and Public Administration Legislation Committee is the appropriate committee because:

                                          Possible hearing date(s):

                                          To be determined by the Committee

                                          Possible reporting date:

                                          12 November 2018

                                          Appendix 5

                                          SELECTION OF BILLS COMMITTEE

                                          Proposal to refer a bill to a committee

                                          Name of bill:

                                          My Health Records Amendment (Strengthening Privacy) Bill 2018

                                          Reasons for referral/principal issues for consideration:

                                          Range of privacy and security concerns about the implementation of the My Health Record (particularly the opt out system) and the adequacy of the bill in addressing these concerns

                                          Possible submissions or evidence from:

                                          See attached list

                                          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:

                                          Monday 8 October 2018

                                                                                                                                              Appendix 6

                                                                                                                                              SELECTION OF BILLS COMMITTEE

                                                                                                                                              Proposal to refer a bill to a committee

                                                                                                                                              Name of bill:

                                                                                                                                              Social Security Legislation Amendment (Community Development Program) Bill 2018

                                                                                                                                              Reasons for referral/principal issues for consideration:

                                                                                                                                              Impact on Community Development Program participants

                                                                                                                                              Possible submissions or evidence from:

                                                                                                                                              ACOSS, Ms Lisa Fowkes, Australian Unemployed Workers' Union, Dr Elise Klein, Dr Janet Hunt, Jobs Australia, Professor Jon Altman, Human Rights Law Centre, Australian Human Rights Commission, National Social Security Rights Network, National Employment Services Association, National Congress of Australia's First Peoples

                                                                                                                                              Committee to which bill is to be referred:

                                                                                                                                              Community Affairs Legislation Committee

                                                                                                                                              Possible reporting date:

                                                                                                                                              12 November 2018

                                                                                                                                              SELECTION OF BILLS COMMITTEE

                                                                                                                                              Proposal to refer a bill to a committee

                                                                                                                                              Name of bill:

                                                                                                                                              Social Security Legislation Amendment (Community Development Program) Bill 2018

                                                                                                                                              Reasons for referral/principal issues for consideration:

                                                                                                                                              To provide CDP providers, academics and community leaders with an opportunity to scrutinise the legislation.

                                                                                                                                              Possible submissions or evidence from:

                                                                                                                                              CDP providers

                                                                                                                                              Academics

                                                                                                                                              APONT

                                                                                                                                              Land Councils

                                                                                                                                              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 2018

                                                                                                                                              Appendix 7

                                                                                                                                              SELECTION OF BILLS COMMITTEE

                                                                                                                                              Proposal to refer a bill to a committee

                                                                                                                                              Name of bill:

                                                                                                                                              Treasury Laws Amendment (Improving the Energy Efficiency of Rental Properties) Bill 2018.

                                                                                                                                              Reasons for referral/principal issues for consideration:

                                                                                                                                              The Bill is fundamentally an environmental measure. Therefore, the Bill is appropriate for review by an environment committee rather than an economics committee. Principal issues for consideration are policy options for how energy bills and energy demand can be reduced, specifically a) whether this policy is a robust and responsible first step to that end; and b) what steps should be taken for more ambitious policies to be successful.

                                                                                                                                              Possible submissions or evidence from:

                                                                                                                                              Australian Building Sustainability Association

                                                                                                                                              ClimateWorks Australia

                                                                                                                                              CSIRO

                                                                                                                                              Low Carbon Living CRC

                                                                                                                                              Australian Sustainability Built Environment Council

                                                                                                                                              Energy Efficiency Council

                                                                                                                                              Property Council of Australia

                                                                                                                                              Pro Clima Australia

                                                                                                                                              Australian Housing and Urban Research Institute

                                                                                                                                              Green Building Council of Australia

                                                                                                                                              Australian Institute of Refridgeration, Airconditioning and Heating

                                                                                                                                              Insulation Council of Australia and New Zealand

                                                                                                                                              Australian Window Association

                                                                                                                                              ACOSS

                                                                                                                                              University of Melbourne

                                                                                                                                              RMIT University

                                                                                                                                              University of Adelaide

                                                                                                                                              University of Wollongong

                                                                                                                                              Real Estate Institute of Australia

                                                                                                                                              Department of the Environment and Energy

                                                                                                                                              Committee to which bill is to be referred:

                                                                                                                                              Environment and Communications Legislation Committee.

                                                                                                                                              Possible hearing date(s):

                                                                                                                                              October.

                                                                                                                                              Possible reporting date:

                                                                                                                                              23 November 2018.'

                                                                                                                                              I move:

                                                                                                                                              That the report be adopted.

                                                                                                                                              Photo of Jacinta CollinsJacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | | Hansard source

                                                                                                                                              I move the amendment circulated in my name in the chamber:

                                                                                                                                              At the end of the motion, add:

                                                                                                                                              "and, in respect of the provisions of the Federal Circuit and Family court of Australia Bill 2018 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2018, the Legal and Constitutional Affairs Legislation Committee report by 15 April 2019".

                                                                                                                                              Photo of Rachel SiewertRachel Siewert (WA, Australian Greens) Share this | | Hansard source

                                                                                                                                              I move the following amendment to the amendment moved by Senator Collins:

                                                                                                                                              At the end of the amendment add:

                                                                                                                                              "and, in respect of the Social Security Legislation (Community Development Program) Bill 2018, the Community Affairs Legislation Committee report by 12 November 2018"

                                                                                                                                              That extends the reporting date, which is currently 12 October. We consider that to be too short a time frame to look at that particular piece of legislation that has some significant reforms to the Community Development Program. We think more time is needed to enable the Community Affairs Legislation Committee to review the proposed amendments and to allow the committee to adequately consider the legislation.

                                                                                                                                              Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

                                                                                                                                              I will put the question on Senator Siewert's amendment to Senator Collins's amendment, and then we'll deal with Senator Collins's amendment. The question is that Senator Siewert's amendment be agreed to.

                                                                                                                                              Question negatived.

                                                                                                                                              11:47 am

                                                                                                                                              Photo of Anne RustonAnne Ruston (SA, Liberal Party, Assistant Minister for Agriculture and Water Resources) Share this | | Hansard source

                                                                                                                                              I move the following amendment to Senator Collins's proposed amendment:

                                                                                                                                              Omit "15 April 2019", substitute "1 November 2018".

                                                                                                                                              Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

                                                                                                                                              The question is that the amendment moved by Senator Ruston to the amendment of Senator Collins be agreed to.

                                                                                                                                              11:54 am

                                                                                                                                              Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

                                                                                                                                              We now return to the amendment in the original form, moved by Senator Collins. The question is that that amendment be agreed to.

                                                                                                                                              Question agreed to.

                                                                                                                                              Original question, as amended, agreed to.