Senate debates

Thursday, 17 September 2015

Committees

Selection of Bills Committee; Report

11:52 am

Photo of David BushbyDavid Bushby (Tasmania, Liberal Party) Share this | | Hansard source

I present the 12th report of 2015 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. 12 of 2015

1. The committee met in private session on Wednesday, 16 September 2015 at 7.15 pm.

2. The committee resolved to recommend: That—

(a) the provisions of the Migration Amendment (Charging for a Migration Outcome) Bill 2015 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 10 November 2015 (see appendices 1 and 2 for a statement of reasons for referral);

(b) the provisions of the Migration and Maritime Powers Amendment Bill (No. 1) 2015 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 10 November 2015 (see appendices 3 and 4 for a statement of reasons for referral);

(c) the provisions of the Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015 be referred immediately to the Education and Employment Legislation Committee for inquiry and report by 24 November 2015 (see appendices 5 and 6 for a statement of reasons for referral);

(d) the provisions of the Superannuation Legislation Amendment (Trustee Governance) Bill 2015 be referred immediately to the Economics Legislation Committee for inquiry and report by 9 November 2015 (see appendices 7 and 8 for a statement of reasons for referral); and

(e) the provisions of the Tax Laws Amendment (Combating Multinational Tax Avoidance) Bill 2015 be referred immediately to the Economics Legislation Committee for inquiry and report by 9 November 2015 (see appendix 9 for a statement of reasons for referral).

3. The committee resolved to recommend-That the following bills not be referred to committees:

                The committee recommends accordingly.

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

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

                                                APPENDIX 1

                                                SELECTION OF BILLS COMMITIEE

                                                Name of bill:

                                                Migration Amendment (Chargingfor a Migration Outcome) Bill 2015

                                                Reasons for referral/principal issues for consideration:

                                                To further investigate potential impacts and unintended consequences of the Bill

                                                Possible submissions or evidence from:

                                                Department of immigration and Boarder Protection

                                                Migration Council of Australia

                                                ACTU

                                                CFMEU

                                                Scanlon Foundation

                                                Law Council of Australia

                                                Committee to which bill is to be referred:

                                                Senate Legal and Constitutional Affairs Legislation Commitete

                                                Possible hearing date(s):

                                                Possible reporting date:

                                                15 November 2015

                                                (signed)

                                                Senator McEwen

                                                APPENDIX 2

                                                SELECTION OF BILLS COMMITIEE

                                                Proposal to refer a bill to a committee:

                                                Name of bill:

                                                Migration Amendment (Charging for a Migration Outcome) Bill 2015

                                                Reasons for referral/principal issues for consideration:

                                                Extends the grounds upon which he visa may be cancelled to include situations in which the Minister is satisfied that a benefit was asked for by the Visa holder from another person in relation to a sponsorship related event (regardless of whether this sponsorship event occurs). This needs to be investigated more fully.

                                                Possible submissions or evidence from:

                                                          Committee to which bill is to be referred:

                                                          Legal and Constitutional Affairs References Committee

                                                          Possible hearing date(s):

                                                          TBC

                                                          Possible reporting date:

                                                          10 November 2015

                                                          (signed)

                                                          Senators Rachel Siewert

                                                          APPENDIX 3

                                                          SELECTION OF BILLS COMMITIEE

                                                          Proposal to refer a bill to a committee:

                                                          Name of bill:

                                                          Migration and Maritime Powers Amendment (No1) bill 2015

                                                          Reasons for referral/principal issues for consideration:

                                                          To further investigate potential impacts and unintended consequences of the Bill

                                                          Possible submissions or evidence from:

                                                          Department of Immigration and Boarder Protection

                                                          United Nations High Commissioner for Refugees

                                                          Australian Human Rights Commissioner

                                                          Law Council of Australia

                                                          Committee to which bill is to be referred:

                                                          Legal and Constitutional Affairs References Committee

                                                          Possible hearing date(s):

                                                          Possible reporting date:

                                                          10 November 2015

                                                          (signed)

                                                          Senators Anne McEwen

                                                          APPENDIX 4

                                                          SELECTION OF BILLS COMMITIEE

                                                          Proposal to refer a bill to a committee:

                                                          Name of bill:

                                                          Migration and Maritime Powers Amendment (No1) bill 2015

                                                          Reasons for referral/principal issues for consideration:

                                                          Of concern, this amendment extends the definition of who can be determined to be 'of character concern' to a person the minister reasonably suspects is a member of an organisation which h has been involved in criminal conduct, whether or not the person has been convicted of an offence.

                                                          It also extends definitions of substantial criminal record to someone who has been found unfit to plead and detained in an institution (i.e. presumably mental) where found guilty of evidence.

                                                          Possible submissions or evidence from:

                                                          Refugee Advice and Casework Service

                                                          Asylum Seeker Resource Centre

                                                          Refugee Churches taskforce

                                                          Human Rights Law Centre

                                                          Australian Law Council

                                                          Committee to which bill is to be referred:

                                                          Legal and Constitutional Affairs References Committee

                                                          Possible hearing date(s):

                                                          TBC

                                                          Possible reporting date:

                                                          10 November 2015

                                                          (signed)

                                                          Senators Rachel Siewert

                                                          APPENDIX 5

                                                          SELECTION OF BILLS COMMITIEE

                                                          Proposal to refer a bill to a committee:

                                                          Name of bill:

                                                          Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015

                                                          Reasons for referral/principal issues for consideration:

                                                          To scrutinise and ascertain implications of the Bill in practice;

                                                          To fully consider all stakeholders views on the Bill; and

                                                          To make sure that there are no unintended consequences of enacting this legislation.

                                                          Possible submissions or evidence from:

                                                          Department of Employment;

                                                          Department of Social Services;

                                                          Employment Services Providers;

                                                          Peak bodies such as Jobs Australia, Australian Unemployment Union, National Employment Services Association (NESA); and

                                                          Not for profit organisations such as the Australian Council of Social Service (ACOSS)

                                                          Committee to which bill is to be referred:

                                                          Senate Community Affiras Legisltation

                                                          Possible hearing date(s):

                                                          TBC

                                                          Possible reporting date:

                                                          24 November 2015

                                                          (signed)

                                                          Senators Anne McEwen

                                                          APPENDIX 6

                                                          SELECTION OF BILLS COMMITIEE

                                                          Proposal to refer a bill to a committee:

                                                          Name of bill:

                                                          Social Security Legislation Amendment (Further Strengthening Job Seeker Compliance) Bill 2015

                                                          Reasons for referral/principal issues for consideration:

                                                          Significant impact on job seekers

                                                          Possible submissions or evidence from:

                                                          National Welfare Rights Network

                                                          Australian Council of Social Service

                                                          Job Active network

                                                          Committee to which bill is to be referred:

                                                          Education and Employment Legislation Committee

                                                          Possible hearing date(s):

                                                          TBC

                                                          Possible reporting date:

                                                          24 November 2015

                                                          (signed)

                                                          Senators Rachel Siewert

                                                          APPENDIX 7

                                                          SELECTION OF BILLS COMMITIEE

                                                          Proposal to refer a bill to a committee:

                                                          Name of bill:

                                                          Superannuation Legislation Amendment (Trustee Governance) Bill 2015

                                                          Reasons for referral/principal issues for consideration:

                                                          Whether there is currently a problem with superannuation governance

                                                          What impact the bill would have on superannuation funds and their members

                                                          Possible submissions or evidence from:

                                                          Affected funds

                                                          Representatives of Superannuation

                                                          Not for profit organisations such as the Australian Council of Social Service (ACOSS)

                                                          Committee to which bill is to be referred:

                                                          Economics Committee

                                                          Possible hearing date(s):

                                                          TBC

                                                          Possible reporting date:

                                                          9 November 2015

                                                          (signed)

                                                          Senator Siewert

                                                          APPENDIX 8

                                                          SELECTION OF BILLS COMMITIEE

                                                          Proposal to refer a bill to a committee:

                                                          Name of bill:

                                                          Superannuation Legislation Amendment (Trustee Governance) Bill 2015

                                                          Reasons for referral/principal issues for consideration:

                                                          To ensure detailed scrutiny of the legislation and seek stakeholder input on the impact of the bill.

                                                          Possible submissions or evidence from:

                                                          Financial Services Sector –FSC, ISA, ASFA, and AIST

                                                          Ausyralian Institute of Company Directors

                                                          Relevant government agencies and department

                                                          Department of Social Services;

                                                          Employment Services Providers;

                                                          Peak bodies such as Jobs Australia, Australian Unemployment Union, National Employment Services Association (NESA); and

                                                          Not for profit organisations such as the Australian Council of Social Service (ACOSS)

                                                          Committee to which bill is to be referred:

                                                          Senate Econmics Legislation Commmittee

                                                          Possible hearing date(s):

                                                          TBC

                                                          Possible reporting date:

                                                          9 November 2015

                                                          (signed)

                                                          Senators Anne McEwen

                                                          APPENDIX 9

                                                          SELECTION OF BILLS COMMITIEE

                                                          Proposal to refer a bill to a committee:

                                                          Name of bill:

                                                          Tax Laws Amendment (Combating Multinational Tax Aviodance) Bill 2015

                                                          Reasons for referral/principal issues for consideration:

                                                          To ensure appropriate scruitany of significant changes to Australian taxation law and seek stakeholder feed back on the consequences of the billbeing enacted as written

                                                          Possible submissions or evidence from:

                                                          Australian Taxation Office

                                                          Big Four Accounting firms

                                                          OECD

                                                          Affected companies (Google, Apple, BHP etc.)

                                                          Law Sociaety of Australia

                                                          Committee to which bill is to be referred:

                                                          Senate Economics Legislation Committee

                                                          Possible hearing date(s):

                                                          TBC

                                                          Possible reporting date:

                                                          9 November 2015

                                                          (signed)

                                                          Senators Anne McEwen

                                                          I move:

                                                          That the report be adopted.

                                                          Photo of Mitch FifieldMitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | | Hansard source

                                                          I move the following amendment:

                                                          At the end of the motion, add, “but in respect of the Social Services Legislation Amendment (No Jab, No Pay) Bill 2015 the provisions of the bill be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 9 November 2015”.

                                                          Question agreed to.

                                                          11:53 am

                                                          Photo of Claire MooreClaire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | | Hansard source

                                                          I seek leave to move an amendment to do with the China-Australia Free Trade Agreement.

                                                          Photo of Gavin MarshallGavin Marshall (Victoria, Deputy-President) Share this | | Hansard source

                                                          You do not need leave, Senator Moore.

                                                          Photo of Claire MooreClaire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | | Hansard source

                                                          I move:

                                                          At the end of the motion, add, "but in respect of the Customs Amendment (China-Australia Free Trade Agreement Implementation) Bill 2015 and the Customs Tariff Amendment (China-Australia Free Trade Agreement Implementation) Bill 2015, the provisions of the bills be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report on the next working day after the tabling of the report of the Foreign Affairs Defence and Trade References Committee on the Proposed China-Australia Free Trade Agreement.

                                                          I seek leave to make a short statement.

                                                          Photo of Gavin MarshallGavin Marshall (Victoria, Deputy-President) Share this | | Hansard source

                                                          You do not need leave to do that either, Senator.

                                                          Photo of Claire MooreClaire Moore (Queensland, Australian Labor Party, Shadow Minister for Women) Share this | | Hansard source

                                                          Then I will rejoice in my ability to work without having leave! There have been significant discussions about the proposal that we are moving. Basically, what we are putting forward is that there be both a legislation committee inquiry and a references committee inquiry on the ChAFTA which would work over the next few weeks, with the intent and the commitment that the reports will be completed in time to begin the debate on the ChAFTA bill in this place on 9 November. That is the basis of our amendment. As there is already a references committee inquiry on this issue and people are aware of that and providing submissions to it, this amendment is to ensure the least confusion possible—so that people know that the two committees will be working on the bill. Both those reports will be completed by the agreed time to allow the debate to continue in this place from 9 November.

                                                          11:54 am

                                                          Photo of Mitch FifieldMitch Fifield (Victoria, Liberal Party, Assistant Minister for Social Services) Share this | | Hansard source

                                                          In light of the undertaking by the opposition to facilitate consideration of the legislation by 9 November, the government will not proceed with its other amendment circulated in the chamber which was to have the inquiry report by 10 November 2015. We readily take the word of the opposition that their amendment is to facilitate consideration of the legislation commencing 9 November.

                                                          Photo of Gavin MarshallGavin Marshall (Victoria, Deputy-President) Share this | | Hansard source

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

                                                          Question agreed to.

                                                          The question now is that the motion, as amended, moved by Senator Bushby, be agreed to.

                                                          Question agreed to.

                                                          Ordered that the report be adopted.