House debates

Wednesday, 8 February 2023

Committees

National Anti-Corruption Commission Legislation Joint Select Committee; Appointment

4:27 pm

Photo of Mr Tony BurkeMr Tony Burke (Watson, Australian Labor Party, Minister for Employment and Workplace Relations) Share this | | Hansard source

I move:

That in accordance with section 176 of the National Anti-Corruption Commission Act 2022 (the Act), matters relating to the powers and proceedings of the Parliamentary Joint Committee on the National Anti-Corruption Commission shall be as follows:

(1) members appointed in accordance with subsection 172(3) of the Act be nominated by the Leader of the Government in the Senate, Leader of the Opposition in the Senate, or any minority group or independent Senator in the Senate and the Government Whip or Whips, Opposition Whip or Whips, or any minority group or independent Member in the House;

(2) every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives;

(3) in addition to the chair elected in accordance with subsection 173(1) of the Act, the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee;

(4) at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting;

(5) when acting as chair, the deputy chair or other member presiding at a meeting of the committee shall have a deliberative vote and, in the event of an equally divided vote, a casting vote;

(6) three members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House;

(7) the committee:

(a) have power to appoint subcommittees consisting of three or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine; and

(b) appoint the chair of each subcommittee who shall have a deliberative vote and, in the event of an equally divided vote, a casting vote;

(8) at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting;

(9) two members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House;

(10) members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum;

(11) the committee or any subcommittee have power to:

(a) call for witnesses to attend and for documents to be produced;

(b) conduct proceedings at any place it sees fit;

(c) sit in public or in private;

(d) report from time to time; and

(e) adjourn from time to time and to sit during any adjournment of the Senate or the House of Representatives;

(12) the committee or any subcommittee have power to consider and make use of the evidence and records of the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity (PJC-ACLEI) appointed during the current and previous Parliaments once PJC-ACLEI ceases to exist;

(13) in carrying out its duties, the committee or any subcommittee ensure that the operational methods and results of investigations of law enforcement, integrity and intelligence agencies, as far as possible, be protected from disclosure where that would be against the public interest; and

(14) the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

Question agreed to.

by leave—I move:

That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.

Question agreed to.