Anne Urquhart (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

I present the seventh report of 2023 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. 7 OF 2023

22 June 2023

MEMBERS OF THE COMM ITTEE

Senator Anne Urquhart (Government Whip, Chair)

Senator Wendy Askew (Opposition Whip)

Senator Ross Cadell (The Nationals Whip)

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

Senator Nick McKim (Australian Greens Whip)

Senator Ralph Babet

Senator the Hon. Anthony Chisholm

Senator the Hon. Katy Gallagher

Senator Matt O'Sullivan

Senator David Pocock

Senator Paul Scarr

Senator Lidia Thorpe

Senator Tammy Tyrrell

Secretary: Tim Bryant 02 6277 3020

1. The committee met in private session on Wednesday, 21 June 2023 at 7.16 pm.

2. The committee recommends that—

(a) the provisions of the Biosecurity Amendment (Advanced Compliance Measures) Bill 2023 be referred immediately to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 27 July 2023 (see appendix 1 for a statement of reasons for referral);

(b) contingent upon introduction in the House of Representatives, the provisions of the Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 26 July 2023 (see appendix 2 for a statement of reasons for referral);

(c) contingent upon introduction in the House of Representatives, the provisions of the Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 27 July 2023 (see appendix 3 for a statement of reasons for referral);

(d) the Greenhouse and Energy Minimum Standards Amendment (Administrative Changes) Bill 2023 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 27 July 2023 (see appendix 4 for a statement of reasons for referral);

(e) contingent upon introduction in the House of Representatives, the provisions of the Migration Amendment (Strengthening Employer Compliance) Bill 2023 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 31 August 2023 (see appendix 5 for a statement of reasons for referral);

(f) the provisions of the Public Service Amendment Bill 2023 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 30 August 2023 (see appendix 6 for a statement of reasons for referral);

(g) the Social Services and Other Legislation Amendment (Strengthening the Safety Net) Bill 2023 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 24 July 2023 (see appendix 7 for a statement of reasons for referral);

(h) the provisions of the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Bill 2023 be referred immediately to the Economics Legislation Committee for inquiry and report by 24 July 2023 (see appendix 8 for a statement of reasons for referral); and

(i) contingent upon introduction in the House of Representatives, the provisions of the Treasury Laws Amendment (Making Multinationals Pay Their Fair Share— Integrity and Transparency) Bill 2023 be referred immediately to the Economics Legislation Committee for inquiry and report by 31 August 2023 (see appendix 9 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:

National Occupational Respiratory Disease Registry (Consequential Amendments) Bill 2023

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

(Anne Urquhart)

Chair

22 June 2023

Appendix 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Biosecurity Amendment (Advanced Compliance Measures) Bill 2023

Reasons for referra1/principal issues for consideration:

Unclear as to degree of consultation (awaiting response from Government) Although sold as being administrative, EM is 90 pages long

Possible submissions or evidence from:

Biosecurity stakeholders (e.g. Invasive Species Council, trade stakeholders, farmers groups)

Committee to whi ch bill is to be referred:

RRAT

Possible hearing date(s):

On papers?

Possible reporting date:

31 July

(signed)

Nik McKim

Appendix 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023

Reasons for referral/principal issues for consideration:

Complicated issue

Possible submissions or evidence from:

Sector, Groups Individuals that are affected.

Committee to which bill is to be referred.

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

June-July

Possible reporting date:

26 July 2023

( signed)

Wendy Askew

Appendix 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023

Reasons for referra1/principal issues for consideration:

We know nothing about this bill prior to be tabled tomorrow

Possible submissions or evidence from:

Ocean stakeholders (e.g. AMCS, Greenpeace, Sea Shepherd)

Committee to which bill is to be referred:

Environment and Communications

Possible hearing date(s):

August

Possible reporting date:

1 September

(signed)

Nick McKim

Appendix 4

SELECTION OF BILLS COMMITTEE

P roposal to refer a bill to a committee

Name of bill:

Greenhouse and Energy Minimum Standards Amendment (Administrative Changes) Bill 2023

Reasons for referral/principal issues for consideration:

Complicated issue

Possible submissions or evidence from:

Sector, Groups Individuals that are affected.

Committee to which bill is to be referred.

Environment and Communications Legislation Committee

Possible hearing date(s):

June -August

Possible reporting date:

27 July 2023

(signed)

Wendy Askew

Appendix 5

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Migration Amendment (Strengthening Employer Compliance) Bill 2023

Reasons for referra1/principal issues for consideration:

provisions of the Bill will provide additional powers to the ABF, and without proper protections, will have the potential to further victimise vulnerable, exploited migrants.

Possible submissions or evidence from:

migration, human rights, and workplace relations experts, academics, and advocates.

Committee to which bill is to be referred:

Legal and Constitutional Affairs

Possible hearing date(s):

on the papers

Possible reporting date: 31 August 2023

(signed)

Nick McKim

Appendix 6

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Public Service Amendment Bill 2023

Reasons for referral/principal issues for consideration:

Complicated issue

Possible submissions or evidence from:

Sector, Groups Individuals that are affected.

Committee to which bill is to be re ferred.

Finance and Public Administration Committee

Possible hearing date(s):

June -August

Possible reporting date:

30 August 2023

(signed)

Wendy Askew

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Public Service Amendment Bill

Reasons for referra1/principal issues for consideration:

Possible submissions or evidence from:

Committee to which bill is to be referred:

Possible hearing date(s):

Possible reporting date:

(signed)

Nick McKim

Appendix 7

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Social Services and Other Legislation Amendment (Strengthening the Safety Net) Bill 2023

Reasons for referra1/principal issues for consideration:

Parliamentary scrutiny of a bill combining several Budget measures

Possible submissions or evidence from:

Committee to which bill is to be referred:

Community Affairs Legislation Committee

Possible hearing date(s):

Week commencing 10th July (or before/ after)

Possible reporting date:

24 July 2023

(signed)

Nick McKim

Appendix 8

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a commjttee

Name of bill:

Treasury Laws Amendment (2023 Law Improvement Package No. 1) Bill 2023

Reasons for referral/principal issues for consideration:

Complicated issue

Possible submissions or evidence from:

Sector, Groups Individuals that are affected.

Committee to which bill is to be referred.

Economics Legislation Committee

Possible hearing date(s):

June -July

Possible reporting date:

24 July 2023

(signed)

Wendy Askew

Appendix 9

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Reasons for referra1/principal issues for consideration:

Possible submissions or evidence from:

Committee to which bill is to be referred:

Possible hearing date(s):

Possible reporting date:

(signed)

Senator McKim

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Treasury Laws Amendment (Making Multinationals Pay their Fair Share: Integrity and Transparency) Bill 2023

Reasons for referra1/principal issues for consideration:

The Bill implements elements of the government's Multinational Tax Integrity package, announced in the October 2022-23 Budget, comprising measures to improve tax transparency of corporates, and tax integrity measures to strengthen the thin capitalisation rules to address the use of excessive debt deductions. This will ensure multinationals pay their fair share of tax.

The measures in the Bill reflect several rounds of public consultation to balance this policy intent while continuing to support genuine commercial activity and being mindful of compliance costs. It will ensure that debt deductions are linked to genuine economic activity.

The amendments to the thin capitalisation rules are significant, introducing earnings-based interest limitation rules for general class investors to replace the existing asset-based rules.

The amendments are in line with the OECD's best practice framework and similar amendments have already been adopted by most OECD countries including the United Kingdom, United States, and most of the EU.

The amendments also introduce a new third-party debt test which is expected to be used by the property and infrastructure sectors, as they generally have low earnings in the construction phase of a project. The test means that these entities can continue to deduct genuine third-party debt, without an earnings limitation, subject to eligibility rules.

Treasury has worked constructively with affected stakeholders to address unintended consequences identified through two separate rounds of consultation on the policy design and the exposure draft legislation.

However, the changes are highly complex, and as a tax integrity measure, there are sensitivities, and questions of interpretation that will benefit from the scrutiny and explication possible in the committee process.

A committee process will ensure that the Bill considered in parliament has had the benefit of an open and thorough conversation on the full text of the Bill.

Possible submissions or evidence from:

ASX, Corporate Tax Association, The Tax Institute, Law Council of Australia, Dr Kerrie Sadiq, Tax Justice Network, CICTAR, Property Council of Australia, Business Council of Australia, Australian Shareholders Association, Chartered Accountants, Department of the Treasury, ATO.

Committee to which bill is to be referred:

Senate Economics Legislation Committee

Possible hearing date(s):

throughout July/ mid August

Possible reporting date:

before August 31

(signed)

Anne Urquhart

I move:

That the report be adopted.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I move the following amendment:

At the end of the motion, add "and the Australian Capital Territory (Self-Government) Amendment Bill 2023 not be referred to a committee".

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the amendment moved by Senator Gallagher to the motion for adoption of the Selection of Bills Committee report be agreed to.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

I move the following amendment to the motion:

At the end of the motion, add: "and, in respect of the Australian Capital Territory (Self-Government)Amendment Bill 2023 the bill be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 9 August 2023".

Honourable senators inte rjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Order!

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

This is terrific!

Sue Lines (President) Share this | Link to this | Hansard source

Senator Ayres, order! I am putting the question on a motion. I expect there to be silence. The question is the amendment motion, as moved by Senator Ruston, be agreed to.