Senate debates

Thursday, 8 October 2020

Committees

Selection of Bills Committee; Report

12:37 pm

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

Pursuant to order and at the request of the chairs of the respective committees, I present the ninth report of 2020 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. 9 OF 2020

1 . The committee met in private session on Wednesday, 7 October 2020 at 7.26pm.

2. The committee recommends that—

(a) the Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Bill 2020 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 4 November 2020 (see appendix 1 for a statement of reasons for referral);

(b) the provisions of the Higher Education Legislation Amendment (Provider Category Standards and Other Measures) Bill 2020 be referred immediately to the Education and Employment Legislation Committee for inquiry and report by 27 November 2020 (see appendix 2 for a statement of reasons for referral); and

(c) contingent upon introduction in the House of Representatives, the provisions of the National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendments) Bill 2020 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 5 November 2020 (see appendix 3 for a statement of reasons for referral).

(d) contingent upon introduction in the House of Representatives, the provisions of the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill 2020 be referred immediately to the Community Affairs Legislation Committee but was unable to reach agreement on a reporting date (see appendix 4 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

                                                        8 October 2020

                                                        Appendix 1

                                                        SELECTION OF BILLS COMMITTEE

                                                        Proposal to refer a bill to a committee

                                                        Name of bill: Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Bill 2020

                                                        Reasons for referral/principal issues for consideration:

                                                                    Possible submissions or evidence from:

                                                                                          New

                                                                                            Committee to which bill is to be referred:

                                                                                            Foreign Affairs, Defence and Trade Legislation Committee

                                                                                            Possible hearing date(s):

                                                                                              Possible reporting date :

                                                                                                SELECTION OF BILLS COMMITTEE

                                                                                                Proposal to refer a bill to a committee

                                                                                                Name of bill: Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Bill 2020

                                                                                                Reasons for referral/principal issues for consideration:

                                                                                                To ensure the intent of the legislation is met, without unintended consequences, including with respect to proposed immunity provisions as well as assurances from the Government that the Bill does not expand or alter existing authorities to deploy the Australian Defence Force.

                                                                                                Possible submissions or evidence from:

                                                                                                The Department of Defence Attorney-General's Department Emergency Management Australia Law Council of Australia Defence Reserves Association Australia Defence Association

                                                                                                Committee to which bill is to be referred:

                                                                                                Foreign Affairs, Defence and Trade Legislation Committee

                                                                                                Possible hearing date(s):

                                                                                                Possible reporting date: 9 November 2020

                                                                                                Appendix 2

                                                                                                SELECTION OF BILLS COMMITTEE

                                                                                                Proposal to refer a bill to a committee

                                                                                                Name of bill: Higher Education Legislation Amendment (Provider Category Standards and Other Measures) Bill 2020

                                                                                                Reasons for referral/principal issues for consideration:

                                                                                                Investigate the implications of the Bill on universities maintaining their university status.

                                                                                                Possible submissions or evidence from:

                                                                                                      Committee to which bill is to be referred:

                                                                                                      Senate Education and Employment Legislation Committee

                                                                                                      Possible hearing date(s):

                                                                                                      To be determined by the committee

                                                                                                      Possible reporting date: November 27, 2020

                                                                                                      Appendix 3

                                                                                                      SELECTION OF BILLS COMMITTEE

                                                                                                      Proposal to refer a bill to a committee

                                                                                                      Name of bill: National Redress Scheme for Institutional Child Sexual Abuse Amendment (Technical Amendment) Bill 2020

                                                                                                      Reasons for referral/principal issues for consideration:

                                                                                                          Possible submissions or evidence from:

                                                                                                              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: 5 November 2020

                                                                                                              Appendix 4

                                                                                                              SELECTION OF BILLS COMMITTEE

                                                                                                              Proposal to refer a bill to a committee

                                                                                                              Name of bill: Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill 2020

                                                                                                              Reasons for referral/principal issues for consideration: to examine the impact of prolonged Cashless Debit Card trial sites on people's health and wellbeing and the impact of having the Cashless Debit Card rolled out to First Nations peoples in the Northern Territory.

                                                                                                              Possible submissions or evidence from: ANU, Consumer Action Law Centre, Dr Elise Klein, ACOSS, National Social Security Rights Network, Anglicare, Aboriginal Peak Organisations NT, Australian Human Rights Commission, Danila Dilba Health Service, Dr Shelley

                                                                                                              Bielefeld, The Say No Seven, North Australian Aboriginal Justice Agency, Professor Jon Altman and Dr Francis Markham

                                                                                                              Committee to which bill is to be referred: Community Affairs Legislation Committee

                                                                                                              Possible hearing date(s):

                                                                                                              Possible reporting date: 1 December

                                                                                                              SELECTION OF BILLS COMMITTEE

                                                                                                              Proposal to refer a bill to a committee

                                                                                                              Name of bill: Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill 2020

                                                                                                              Reasons for referral/principal issues for consideration:

                                                                                                                    Possible submissions or evidence from:

                                                                                                                          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: 26 November 2020

                                                                                                                          Appendix 5

                                                                                                                          SELECTION OF BILLS COMMITTEE

                                                                                                                          Proposal to refer a bill to a committee

                                                                                                                          Name of bill: Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020

                                                                                                                          Reasons for referral/principal issues for consideration:

                                                                                                                          Committee consideration of this Bill as it seeks to expand Extended Supervision Orders as requested by the Minister of Home Affairs.

                                                                                                                          The Bill also provides for electronic monitoring of people by the Australian Federal Police. These issues should be considered by the Committee.

                                                                                                                          Possible submissions or evidence from:

                                                                                                                              Committee to which bill is to be referred:

                                                                                                                              Legal and Constitutional Affairs Legislation Committee

                                                                                                                              Possible hearing date(s):

                                                                                                                              Possible reporting date: March 2020

                                                                                                                              Appendix 6

                                                                                                                              SELECTION OF BILLS COMMITTEE

                                                                                                                              Proposal to refer a bill to a committee

                                                                                                                              Name of bill:

                                                                                                                              Economic Recovery Package (JobMaker Hiring Credit) Amendment Bill 2020

                                                                                                                              Reasons for referral/principal issues for consideration:

                                                                                                                              Senate needs to consider:

                                                                                                                                  Youth and general unemployment

                                                                                                                                  Wages and conditions

                                                                                                                                  Aggregate demand, stimulus and job creation

                                                                                                                                  Integrity and whether it will provide genuine employment additionality

                                                                                                                                  Possible submissions or evidence from:

                                                                                                                                  Treasury & ATO

                                                                                                                                  Department of Education, Skills and Employment

                                                                                                                                  Economists and Academics

                                                                                                                                  ACTU

                                                                                                                                  BCA

                                                                                                                                  COSBOA

                                                                                                                                  Committee to which bill is to be referred:

                                                                                                                                  Senate Economic References Committee

                                                                                                                                  Possible hearing date(s): 2-27 November

                                                                                                                                  Possible reporting date: 4 December

                                                                                                                                  Appendix 7

                                                                                                                                  SELECTION OF BILLS COMMITTEE

                                                                                                                                  Proposal to refer a bill to a committee

                                                                                                                                  Name of bill:

                                                                                                                                  Environment Protection and Biodiversity Conservation Act Amendment (Streamlining Environmental Approvals) Bill 2020

                                                                                                                                  Reasons for referral/principal issues for consideration:

                                                                                                                                      Possible submissions or evidence from:

                                                                                                                                      Committee to which bill is to be referred:

                                                                                                                                      Senate Environment and Communications Legislation Committee

                                                                                                                                      Possible hearing date(s):

                                                                                                                                      Possible reporting date: 11 November 2020

                                                                                                                                      Appendix 8

                                                                                                                                      SELECTION OF BILLS COMMITTEE

                                                                                                                                      Proposal to refer a bill to a committee

                                                                                                                                      Name of bill: Sport Integrity Australia Amendment (World Anti-Doping Code Review) Bill 2020

                                                                                                                                      Reasons for referral/principal issues for consideration:

                                                                                                                                      Committee consideration of a further piece of legislation in on area that recently been the subject of multiple complex pieces of legislation.

                                                                                                                                      Possible submissions or evidence from:

                                                                                                                                      Sport Integrity Australia,

                                                                                                                                      Nikki Dryden (former Olympic athlete and lawyer)

                                                                                                                                      Committee to which bill is to be referred:

                                                                                                                                      Community Affairs Committee

                                                                                                                                      Possible hearing date(s):

                                                                                                                                      Possible reporting date: 30 November 2020

                                                                                                                                      Appendix 9

                                                                                                                                      SELECTION OF BILLS COMMITTEE

                                                                                                                                      Proposal to refer a bill to a committee

                                                                                                                                      Name of bill:

                                                                                                                                      Treasury Laws Amendment (A Tax Plan for the COVID-19 Economic Recovery) Bill 2020

                                                                                                                                      Reasons for referral/principal issues for consideration:

                                                                                                                                      Given over $50 billion of tax cuts contained within, Senate needs to consider:

                                                                                                                                          Possible submissions or evidence from:

                                                                                                                                                      Committee to which bill is to be referred:

                                                                                                                                                      Senate Economics Legislation Committee

                                                                                                                                                      Possible hearing date(s): 2-26 November

                                                                                                                                                      Possible reporting date: 1 December 2020

                                                                                                                                                      I move:

                                                                                                                                                      That the report be adopted.

                                                                                                                                                      Photo of Jonathon DuniamJonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | | Hansard source

                                                                                                                                                      I move:

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

                                                                                                                                                      (a) Export Market Development Grants Legislation Amendment Bill 2020, the provisions of the bill be referred to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 4 November 2020; and

                                                                                                                                                      (b) the following bills, the bills not be referred for inquiry and report:

                                                                                                                                                      (i) Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020;

                                                                                                                                                      (ii) Economic Recovery Package (JobMaker Hiring Credit) Amendment Bill 2020;

                                                                                                                                                      (iii) Sport Integrity Australia Amendment (World Anti-Doping Code Review) Bill 2020;

                                                                                                                                                      (iv) Treasury Laws Amendment (A Tax Plan for the COVID-19 Economic Recovery) Bill 2020; and

                                                                                                                                                      (v) National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Bill 2020".

                                                                                                                                                      12:38 pm

                                                                                                                                                      Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Shadow Minister for Finance) Share this | | Hansard source

                                                                                                                                                      Mr President, in the interests of time we would like to separate out (b)(ii) and put those questions separately.

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

                                                                                                                                                      I also have an amendment to (b)(ii) from Senator Faruqi. I will put that amendment first, because then I can put yours separately.

                                                                                                                                                      12:39 pm

                                                                                                                                                      Photo of Mehreen FaruqiMehreen Faruqi (NSW, Australian Greens) Share this | | Hansard source

                                                                                                                                                      I move:

                                                                                                                                                      Omit subparagraph (b)(ii) and add, at the end of the amendment:

                                                                                                                                                      (c) Economic Recovery Package (JobMaker Hiring Credit) Amendment Bill 2020, the provisions of the bill be referred immediately to the Economics Legislation Committee for inquiry and report by 6 November 2020.

                                                                                                                                                      Question agreed to.

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

                                                                                                                                                      I move:

                                                                                                                                                      Omit subparagraph (b)(iv) and add, at the end of the amendment:

                                                                                                                                                      (d) Treasury Laws Amendment (A Tax Plan for the COVID-19 Economic Recovery) Bill 2020, the provisions of the bill be referred immediately to the Economics Legislation Committee for inquiry and report by 1 December 2020.

                                                                                                                                                      A division having been called and the bells being rung—

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

                                                                                                                                                      Can we cancel the division and have it recorded that the Greens voted aye.

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

                                                                                                                                                      Sure. With the leave of the chamber, we'll cancel the division, and it will be recorded that the Greens voted in favour of that motion.

                                                                                                                                                      Question negatived.

                                                                                                                                                      The question now is that the amendment moved by Senator Duniam, with the amendment of Senator Faruqi incorporated, to the motion for adoption of the Selection of Bills Committee report be agreed to.

                                                                                                                                                      Question agreed to.

                                                                                                                                                      12:41 pm

                                                                                                                                                      Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Shadow Minister for Finance) Share this | | Hansard source

                                                                                                                                                      I move:

                                                                                                                                                      At the end of the motion, add "and, in respect of the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill 2020, the Community Affairs Legislation Committee report by 26 November 2020".

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

                                                                                                                                                      Is a division required?

                                                                                                                                                      Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Shadow Minister for Finance) Share this | | Hansard source

                                                                                                                                                      I would like to record the opposition's voting position, thanks.

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

                                                                                                                                                      The noes have it, but we'll record the opposition supporting the amendment.

                                                                                                                                                      Question negatived.

                                                                                                                                                      12:42 pm

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

                                                                                                                                                      I note our extreme opposition to this. It is outrageous that this bill will not be reviewed. This is a permanent entrenching of these trials.

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

                                                                                                                                                      Senator Siewert, this is not that. So you supported the amendment moved by the opposition, but the call on it was that the noes have it.

                                                                                                                                                      Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Shadow Minister for Finance) Share this | | Hansard source

                                                                                                                                                      I move:

                                                                                                                                                      At the end of the motion, add "and, in respect of the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020, the bill be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 11 November 2020".

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

                                                                                                                                                      The question is the amendment moved by Senator Gallagher be agreed to.