Dean Smith (WA, Liberal Party) Share this | Link to this | Hansard source

I present the 10th report of 2021 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. 10 OF 2021

26 August 2021

MEMBERS OF THE COMMITTEE

Senator Dean Smith (Government Whip, Chair)

Senator Perin Davey (The Nationals Whip)

Senator Stirling Griff (Centre Alliance Whip)

Senator Pauline Hanson (Pauline Hanson's One Nation Whip)

Senator Rachel Siewert (Australian Greens Whip)

Senator Anne Urquhart (Opposition Whip)

Senator Raff Ciccone

Senator Katy Gallagher

Senator Jacqui Lambie

Senator the Hon James McGrath

Senator Rex Patrick

Senator the Hon Anne Ruston

Secretary: Tim Bryant Ph 6277 3020

1. The committee met in private session on Wednesday, 25 August 2021 at 8.01 pm.

2. The committee recommends that—

(a) the Crimes Amendment (Remissions of Sentences) Bill 2021 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 14 October 2021 (see appendix 1 for a statement of reasons for referral);

(b) the provisions of the Corporations (Aboriginal and Torres Strait Islander) Amendment Bill 2021 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 14 October 2021 (see appendix 2 for a statement of reasons for referral);

(c) the provisions of the Defence Legislation Amendment (Discipline Reform) Bill 2021 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 14 October 2021 (see appendix 3 for a statement of reasons for referral);

(d) contingent upon introduction in the House of Representatives, the provisions of the Territories Stolen Generations Redress Scheme (Facilitation) Bill 2021 and Territories Stolen Generations Redress Scheme (Consequential Amendments) Bill 2021 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 14 October 2021 (see appendix 4 for a statement of reasons for referral); and

(e) the provisions of the Treasury Laws Amendment (2021 Measures No. 7) Bill 2021 be referred immediately to the Economics Legislation Committee for inquiry and report by 14 October 2021 (see appendix 5 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:

(Dean Smith)

Chair

26 August 2021

Appendix 1

SELECTION OF BILLS COMMITTEE

Name of bill:

Crimes Legislation Amendment (Remissions of Sentences} Bill 2021

Reasons for referral/principal issues for consideration:

Impact of the Bill on the Australian community and individuals

Community Safety Organisations

Human Rights and Justice Groups

Legal community

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

14 October 2021

(signed)

Senator Anne Urquhart

Appendix 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Corporations (Aboriginal and Torres Strait Islander) Amendment Bill 2021

Reasons for referral/principal issues for consideration:

Impact of the Bill on the standards for ATSI corporations

First Nations community organisations

Environmental advocates

National Aboriginal & Torres Strait Islander Legal Services

Finance and Public Admin (or other if required)

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

14 October 2021

(signed)

Senator Anne Urquhart

Appendix 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Defence Legislation Amendment (Discipline Reform) Bill 2021

Reasons for referral/principal issues for consideration:

To ensure proper scrutiny and stakeholder consultation on the Bill, and that there would be no unintended consequences from the proposed amendments.

Possible submissions or evidence from:

Department of Defence, Australia Defence Association, Defence Force Welfare Association

Committee to which bill is to be referred:

Foreign Affairs, Defence and Trade Legislation Committee

Possible hearing date(s):

This would be determined by the committee. However, subject to the second reading debate in the House of Representatives, a possible he g date could be September 2021, for example 14 or 21 September, during the parliamentary recess.

Possible reporting date:

5 October prior to the October sittings.

(signed)

Senator Anne Urquhart

Whip/Selection of Bills Committee Member

Appendix 4

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:

Territories Stolen Generations Redress Scheme (Facilitation) Bill 2021

Reasons for referral/principal issues for consideration:

Community consultation on design and scope of scheme

Stolen generations advocates

Healing Foundation

Committee to which bill is to be referred:

Community Affairs - or other

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

14 October 2021

(signed)

Senator Anne Urquhart

BLANK LINE

Appendix 5

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee:

Name of bill:   Treasury Laws Amendment {2021 Measures No. 7) Bill 2021

Reasons for referral/principal issues for consideration:

Consideration of whether the measures contained in Schedule 7 are adequate to deal with tax compliance issues in the gig economy

Possible submissions or evidence from:

Gig economy firms, unions (TWU), ATO, tax experts

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:

14 October 2021 (prior to next sitting fortnight)

(signed)

Senator Anne Urquhart

I move:

That the report be adopted.

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

At the request of Senator Thorpe, I move:

At the end of the motion, add:

"and, in respect of the Foreign Intelligence Legislation Amendment Bill 2021, the provisions of the bill be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 19 October 2021".

I think Senator Thorpe would like to speak to this.

Lidia Thorpe (Victoria, Australian Greens) Share this | Link to this | Hansard source

[by video link] I rise to speak on my referral of the Foreign Intelligence Legislation Amendment Bill 2021 to the Legal and Constitutional Affairs Legislation Committee. I'm calling on the senators in this place to refer this bill to the Legal and Constitutional Affairs Legislation Committee to allow for proper scrutiny by the parliament and the people.

The way this bill is being rammed through this chamber is remarkable. The Liberal Party always say that they're a broad church—so broad, in fact, that it seems that they also take in a big chunk of the Labor Party. This bill was referred to the Parliamentary Joint Committee on Intelligence and Security, also known as the Lib-Lab closed shop, for a secret review and a final report by Friday 20 August 2021. That was done by the Minister for Home Affairs, the Hon. Karen Andrews MP. The PJCIS recommended the bill be passed—no surprises there—subject to two amendments, requiring reporting to the PJCIS in certain circumstances and review of provisions after five years. The bill and explanatory memorandum were referred on an embargoed basis, as the bill had not yet been tabled in parliament. The committee agreed to the government's request to consider this legislation quickly and in private. The committee held a classified briefing on Monday 23 August 2021 with officials from relevant agencies—again, another closed shop. Good old democracy in Canberra!

Now the two old parties want to tell us that the legislation is for our own good and so absolutely important to the running of this country and the alleged protection of the Commonwealth that we are just meant to pass it without reviewing it. You want us to pass something that we can't even review because your closed shop think it's all okay. Maybe my colleagues have forgotten that this chamber is a house of review. Correct me if I'm wrong. This is absolutely disgusting. It's in contempt of democracy and should not be allowed. If you're scared of proper debate and scrutiny of laws, maybe think about why you are here. Let's take this to a committee so that we can properly scrutinise this bill. I ask all of my fellow senators to support this referral so that the people have an opportunity to have real transparency and accountability from the so-called politicians in Canberra who are running this country.

Rex Patrick (SA, Independent) Share this | Link to this | Hansard source

[by video link] I will be supporting this referral on the basis that this particular bill, the Foreign Intelligence Legislation Amendment Bill 2021, has been rushed, as has been described by Senator Thorpe, and it involves some quite extraordinary powers that allow our intelligence agencies to spy on Australians. That's something that has to be considered very carefully. It may be that there are circumstances in which doing so is justified. However, from my reading of the bill, the thresholds aren't well spelt out, and this does require some examination. So I would urge the Senate to support Senator Thorpe's referral.

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I rise briefly to argue the case for a referral of the Foreign Intelligence Legislation Amendment Bill 2021. It is just unthinkable that a piece of legislation this serious and apparently so much needed was rushed into the other place only yesterday, with no notification of the full parliament, in a cosy deal between the Labor and Liberal parties. The crossbenchers were left out of this. The bulk of the parliament were left out of it, and we haven't heard from the government of the day as to why this is important. It seems that every time the government wants to get something rushed through, rammed through this place without scrutiny, they just have to write 'national security' in crayon and the Labor Party roll over. That's what happened here. It's happening before our very eyes, and why? It's because Mr Morrison is on the brink of calling an election and he wants every tool in the box.

Question negatived.

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

by leave—would you please record the Greens' support for the amendment that we moved.

Scott Ryan (President) Share this | Link to this | Hansard source

Yes, and that of Senator Patrick, reflecting his speech. I will now put the question on the motion to adopt the Selection of Bills Committee report, as moved by Senator Smith.

Question agreed to.