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

I present the 10th report of 2024 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. 10 OF 2024

12 September 2024

MEMBERS OF THE COMMITTEE

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 Jacqui Lambie (Jacqui Lambie Network Whip)

Senator Nick McKim (Australian Greens Whip)

Senator Ralph Babet

Senator the Hon. Anthony Chisholm

Senator the Hon. Katy Gallagher

Senator Maria Kovacic

Senator Matt O'Sullivan

Senator Fatima Payman

Senator David Pocock

Senator Gerard Rennick

Senator Lidia Thorpe

Senator Tammy Tyrrell

Senator David Van

Secretary: Tim Bryant 02 6277 3020

1. The committee met in private session on Wednesday, 11 September 2024 at 7.14 pm.

2. The committee recommends that—

(a) the Administrative Review Tribunal (Miscellaneous Measures) Bill 2024 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 31 October 2024 (see appendix 1 for a statement of reasons for referral);

(b) the Family Law Amendment Bill 2024 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 31 October 2024 (see appendix 2 for a statement of reasons for referral); and

(c) contingent upon introduction in the House of Representatives, the provisions of the Future Made in Australia (Guarantee of Origin) Bill 2024, Future Made in Australia (Guarantee of Origin Charges) Bill 2024 and Future Made in Australia (Guarantee of Origin Consequential Amendments and Transitional Provisions) Bill 2024 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 31 October 2024 (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:

Aged Care Legislation Amendment Bill 2024

•Criminal Code Amendment (Inciting Illegal Disruptive Activities) Bill 2023

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

(Anne Urquhart)

Chair

12 September 2024

Appendix 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Administrative Review Tribunal (Miscellaneous Measures) Bill 2024

Reasons for referral/principal issues for consideration:

To allow the Committee to scrutinise this legislation.

Possible submissions or evidence from:

Stakeholders and interested parties .

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

September and October

Possible reporting date:

31 October

Print name:

Wendy Askew

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Administrative Review Tribunal (Miscellaneous Measures) Bill 2024

Reasons for referra1/principal issues for consideration:

Consider details

Possible submissions or evidence from:

Experts, stakeholders

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

Mid October

Possible reporting date:

31 October

Print name:

Nick McKim

Appendix 2

Name of bill:

Family Law Amendment Bill 2024

Reasons for referral/principal issues for consideration:

To allow the Committee to scrutinise this legislation and allow interested parties the opportunity to provide evidence into the proposed legislation.

Possible submissions or evidence from:

Stakeholders, legal representatives, interested parties.

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

October

Possible reporting date:

14 November 2024

Print name:

Wendy Askew

Appendix 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

Print name:

Senator Anne Urquhart

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Future Made in Australia (Guarantee of Origin) Bill

Future Made in Australia (Guarantee of Origin Charges) Bill

Future Made in Australia (Guarantee of Origin Consequential Amendments and Transitional Provisions) Bill

Reasons for referral/principal issues for consideration:

To provide proper scrutiny over this legislation and to ensure that all impacted parties have their opportunity to voice concerns about these Bills.

Possible submissions or evidence from:

Impacted entities, organisations and interested parties.

Committee to which bill is to be referred:

Environment and Communications Legislation Committee

Possible hearing date(s):

September and October

Possible reporting date:

31 October

Print name:

Wendy Askew

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

4x FMIA (Guarantee of Origin)

Bills Reasons for referra1/principal issues for consideration:

Complex policy—want to get experts and stakeholders views on the legislation. Want to explore if there are any integrity issues with it.

Possible submissions or evidence from:

Climate Council, ACF, clean energy council, renewable energy companies

Committee to which bill is to be referred:

E&C

Possible hearing date(s):

Mid October

Possible reporting date:

31 October

Print name:

Nick McKim

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:

At the end of the motion, add "and, in respect of the Aboriginal Land Rights (Northern Territory) Amendment (Scheduling) Bill 2024, the bill not be referred to a committee".

Jonathon Duniam (Tasmania, Liberal Party, Shadow Minister for Environment, Fisheries and Forestry) Share this | Link to this | Hansard source

I move an amendment to the amendment:

At the end of the motion, add "and, in respect of the Aboriginal Land Rights (Northern Territory) Amendment (Scheduling) Bill 2024, the bill be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 14 November 2024".

Jacinta Nampijinpa Price (NT, Country Liberal Party, Shadow Minister for Indigenous Australians) Share this | Link to this | Hansard source

The coalition requires that this bill be sent to the Finance and Public Administration Legislation Committee for consideration. We all agree in this chamber that proper consultation is an important part of our democratic process. The proper consultation process is all that we are asking for with regard to this bill. Quite frankly, I'm surprised that the Albanese government does not want to support one of those most fundamental tenants of our democratic system.

While there is a need for land claims to be determined in a timely manner, that must not come at the expense of being thorough and making decisions that are properly considered. We as the coalition are not satisfied as things currently stand—that there has been the appropriate level of consultation to support this bill. As such, we are not willing to support it until we are satisfied that there has been the chance for the relevant stakeholders to appear before the committee, the chance for them to be heard and listened to.

It's important to bear in mind that this piece of land is already subject to exploratory licences for petroleum and minerals. That means that there are people and companies who have potential interests already in the relevant sections of this land. It means there is potential for economic activity to be undertaken on this land. These matters need to be properly considered before this land is added to the act. A real consultation process would exist if this matter were referred to a committee and allowed for that consultation process to occur. Not only does the committee allow for the relevant people to be heard on the matter but it is also an incredibly important opportunity for a wider examination with respect to handing land to land councils in a more general sense.

What is blaringly obvious is that the current process isn't working. Significant amounts of land are being added to the land rights act and coming under the control of the relevant land councils, yet the condition and the quality of life for Indigenous Australians in these communities is not in fact improving. In this case, there are exploratory licences already in place on this land. We know that there is the opportunity for traditional owners to engage with those licence holders for the purpose of creating wealth and economic development on their own land.

It is becoming evident that those large amounts of land that are being added to the act are then being managed by land councils, which are proving to be dysfunctional. They are bodies that I've certainly lost faith in, and many Indigenous Australians that I speak to, Territorians in particular, have lost faith in their ability to protect and advocate for the interests of traditional owners.

As I've been trying to tell these Albanese government for such a long time now, including the traditional owners who were in just this week, something is seriously wrong with the system of adding land to the Land Rights Act when the bodies that oversee it are not fit for purpose and, instead of protecting the interests of traditional owners, are exploiting them. We have situations where pastoralists are being charged by land councils who are offering backburn on the land of traditional owners—pastoralists who are trying to be helpful, to mitigate dangers of fire, to protect the land and do something that would benefit traditional owners. Yet the land council simply says: 'Give us some money. If not, then no; go away.'

It is not good enough. This is using the interests of traditional owners, who are supposed to represent this land, to do nothing more than rent seek. This kind of behaviour by land councils is why we cannot make decisions like the one being proposed by this bill lightly. We must be convinced that proper time and thought have been given to adding land to land councils. Referring this matter to the committee would of course allow this to happen. The Labor government must not try to ram these things through at the expense of proper process and very possibly at the expense of the interests of what actually benefits Indigenous Australians the most.

So, for the sake of democracy and for the sake of encouraging economic development and independence for our most marginalised Australians, the coalition will not rush into supporting this bill. And if the Labor government took a minute to think about it, well, they shouldn't either.

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

If there are no other speakers, I'm going to put Senator Duniam 's amendment first. The question is that the amendment, as moved by Senator Duniam, to Senator Gallagher 's amendment to the Selection of Bills Committee report be agreed to.

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

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

Matt O'Sullivan (WA, Liberal Party) Share this | Link to this | Hansard source

I move:

At the end of the motion, add:

"and, in respect of the Housing Investment Probity Bill 2024, the bill be referred immediately to the Economics Legislation Committee for inquiry and report by 4 November 2024".

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

The question is that the amendment to the Selection of Bills Committee report, as moved by Senator O'Sullivan, be agreed to.