Senate debates

Thursday, 14 November 2019

Committees

Selection of Bills Committee; Report

11:48 am

Photo of Dean SmithDean Smith (WA, Liberal Party) Share this | | Hansard source

I present the eighth report of 2019 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. 8 OF 2019

1. The committee met in private session on Wednesday, 13 November 2019 at 7.37pm.

2. The committee recommends that—

(a) the provisions of the Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment Bill 2019 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 7 February 2020 (see appendix 1 for a statement of reasons for referral); and

(b) the provisions of the Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Bill 2019 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 3 February 2020 (see appendix 2 for a statement of reasons for referral); and

(c) the Public Governance, Performance and Accountability Amendment (Tax Transparency in Procurement and Grants) Bill 2019 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 19 March 2020 (see appendix 3 for a statement of reasons for referral).

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

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

                                                    5. The committee considered the following bills but was unable to reach agreement:

                                                      (Dean Smith)

                                                      Chair

                                                      14 November 2019

                                                      Appendix 1

                                                      SELECTION OF BILLS COMMITTEE

                                                      Proposal to refer a bill to a committee

                                                      Name of bill:

                                                      Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment Bill 2019

                                                      Reasons for referral/principal issues for consideration:

                                                      To determine whether the Parliament of Australia should vote in favour of this bill in its current form (or in an amended form), having regard to the views of industry and other key stakeholders

                                                      Possible submissions or evidence from:

                                                      Various banks and financial institutions (including professional services, superannuation and financial services firms), representatives from the gambling sector, representatives from the real estate sector, the Department of Home Affairs (specifically AFP and AUSTRAC), the Law Council of Australia and other commercial law representatives.

                                                      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 February Z1119-

                                                      SELECTION OF BILLS COMMITTEE

                                                      Proposal to refer a bill to a committee

                                                      Name of bill:

                                                      Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment Bill 2019

                                                      Reasons for referral/principal issues for consideration:

                                                      To ensure current glaring money laundering/terrorism financing risks (e.g. a range of services provided by lawyers, accountants, conveyancers, real estate agents, high-value dealers, trust and company service providers, and offshore-based businesses) that aren't currently captured by the AML/CTF Act are fully examined.

                                                      Possible submissions or evidence from:

                                                      Transparency International Australia, Australian Council for International Development, Australian Privacy Foundation, Law Council of Australia

                                                      Committee to which bill is to be referred:

                                                      Legal & Constitutional Affairs

                                                      Possible hearing date(s):

                                                      6-7 February 2020

                                                      Possible reporting date:

                                                      21 February 2020

                                                      Appendix 2

                                                      SELECTION OF BILLS COMMITTEE

                                                      Proposal to refer a bill to a committee

                                                      Name of bill:

                                                      Australian Sports Anti-Doping Authority Amendment (Sport integrity Australia) Bill 2019

                                                      Reasons for referral/principal issues for consideration:

                                                            Possible submissions or evidence from:

                                                              Committee to which bill is to be referred:

                                                              Community Affairs

                                                              Possible hearing date(s):

                                                              On the papers

                                                              Possible reporting date:

                                                              February 2020

                                                              Appendix 3

                                                              SELECTION OF BILLS COMMITTEE

                                                              Proposal to refer a bill to a committee

                                                              Name of bill:

                                                              Public Governance, Performance and Accountability Amendment (Tax Transparency in Procurement and Grants) Bill 2019

                                                              Reasons for referral/principal issues for consideration:

                                                                  Possible submissions or evidence from:

                                                                  Government Agencies: Treasury, Finance, ATO

                                                                  Civil Society: Tax Justice Network, Tax Institute of Australia, CPA Australia, CAANZ, Institute of Public Accountants

                                                                  Significant Government Contractors: Serco, Transfield, Paladin, etc.

                                                                  Committee to which bill is to be referred:

                                                                  Senate Finance and Public Administration Legislation Committee

                                                                  Possible hearing date(s):

                                                                  (Canberra — February 2020 Sydney — February 2020)

                                                                  To be determined by the Committee

                                                                  Possible reporting date:

                                                                  19 March 2020

                                                                  Appendix 4

                                                                  SELECTION OF BILLS COMMITTEE

                                                                  Proposal to refer a bill to a committee

                                                                  Name of bill:

                                                                  Australian Citizenship Amendment (Citizenship Cessation) Bill 2019

                                                                  Reasons for referral/principal issues for consideration:

                                                                  Human rights concerns, given the Government's track record with citizenship bills (bill will originate in the House on Thursday 19 September 2019).

                                                                  Possible submissions or evidence from:

                                                                  legal and human rights experts and advocates such as The Law Council of Australia, Australian Lawyers for Human Rights, Australian Human Rights Commission, and Civil Liberties Australia.

                                                                  Committee to which bill is to be referred:

                                                                  Legal and Constitutional Affairs Legislation Committee

                                                                  Possible hearing date(s):

                                                                  7-8 November 2019

                                                                  Possible reporting date:

                                                                  4 December 2019

                                                                  I move:

                                                                  That the report be adopted.

                                                                  Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | | Hansard source

                                                                  I won't hold the chamber up unnecessarily. I want to be very clear here that the Selection of Bills Committee has chosen not to refer this legislation to the Legal and Constitutional Affairs Committee. I remind colleagues that this is a bill that will provide the minister even more powers to strip Australian citizenship from people in a way that does not provide for natural justice or procedural fairness.

                                                                  The Selection of Bills Committee has tried to justify its decision not to refer this bill to the Legal and Constitutional Affairs Committee by arguing that the bill has been referred to the Parliamentary Joint Committee on Intelligence and Security, but this is a completely inadequate justification, because, of course, the Parliamentary Joint Committee on Intelligence and Security is a closed shop for the major parties. It does not provide for crossbench input and for a broad consideration that truly reflects the Australian people's right to have scrutiny on these debates. The bill should be considered by the Legal and Constitutional Affairs Committee, which, of course, does have crossbench membership in the form of my position on the committee representing the Australian Greens. The Joint Standing Committee on Intelligence and Security has recommended the passage of some absolutely atrocious authoritarian legislation in its time, doing nothing more than knock off a few rough edges. Having said that, I do note the recent decision of the PJCIS in regards to the Identity-matching Services Bill 2019 and Australian Passports Amendment (Identity-matching Services) Bill 2019 but make the point that this is actually an exception that proves the rule. We know the major parties don't like hearing alternative views on the erosion of fundamental rights and freedoms in this country, and this decision shows that they are, once again, trying to shut the Australian Greens and the crossbench out of the debate.

                                                                  11:50 am

                                                                  Photo of Anne RustonAnne Ruston (SA, Liberal Party, Minister for Families and Social Services) Share this | | Hansard source

                                                                  I move the following amendment:

                                                                  At the end of the motion add:

                                                                  "and in respect of the Australian Citizenship Amendment (Citizenship Cessation) Bill 2019, the bill not be referred to a committee."