Senate debates

Thursday, 28 June 2012

Committees

Selection of Bills Committee; Report

2:16 am

Photo of Anne McEwenAnne McEwen (SA, Australian Labor Party) Share this | Hansard source

I present the eighth report for 2012 of the Selection of Bills Committee.

Ordered that the report be adopted.

I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows—

SELECTION OF BILLS COMMITTEE

REPORT NO. 8 OF 2012

The committee met in private session on Wednesday, 27 June 2012 at 7.39 pm.

The committee resolved to recommend—That—

the provisions of the Customs Amendment (Smuggled Tobacco) Bill 2012 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 14 August 2012 (see appendix 1 for a statement of reasons for referral);

the provisions of the Military Court of Australia Bill 2012 and the provisions of the Military Court of Australia (Transitional Provisions and Consequential Amendments) Bill 2012 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee and the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 14 August 2012 (see appendices 2 and 3 for statements of reasons for referral); and

The committee considered a proposal to refer the Tax Laws Amendment (Managed Investment Trust Withholding Tax) Bill 2012 to the Economics Legislation Committee, but was unable to reach agreement on whether the bills should be referred(see appendix 4 for a statement of reasons for referral).

The committee resolved to recommend—That the following bills not be referred to committees:

                        The committee consideredthe Financial Framework Legislation Amendment Bill (No. 3) 2012 and, noting that the bill had passed the Senate on 27 June 2012, resolved to recommend that the bill not be referred to a committee.

                        The committee recommends accordingly.

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

                        Fisheries Legislation Amendment Bill (No. 1) 2012

                        Protecting Children from Junk Food Advertising (Broadcasting and Telecommunications Amendment) Bill 2011

                        Special Broadcasting Service Amendment (Natural Program Breaks and Disruptive Advertising) Bill 2012.

                        (Anne McEwen)

                        Chair

                        28 June 2012

                        Appendix 1

                        SELECTION OF BILLS COMMITTEE

                        Proposal to refer a bill to a committee

                        Name of bill:

                        Customs Amendment (Smuggled Tobacco) Bill 2012

                        Reasons for referral/principal issues for consideration:

                        To ensure the new proposed criminal offences are given proper examination

                        Possible submissions or evidence from:

                        Australian Customs and Border Protection Command Attorney-General's Department

                        Australian Federal Police

                        Tobacco companies

                        Committee to which bill is to be referred:

                        Senate Legal and Constitutional Affairs Committee

                        Possible hearing date(s):

                        July 2012

                        Possible reporting date:

                        14 August 2012

                        (signed)

                        Senator Fifield

                        Whip/Selection of Bills Committee member

                        Appendix 2

                        SELECTION OF BILLS COMMITTEE

                        Proposal to refer a bill to a committee

                        Name of bill:

                        Military Court of Australia Bill 2012

                        Military Court of Australia (Transitional Provisions and Consequential Amendments) Bill 2012

                        Reasons for referral/principal issues for consideration:

                        The Senate Foreign Affairs, Defence and Trade Committee has extensive knowledge, background and history on the military justice debate; former Defence Minister Hill tasked the Committee with regular six-monthly reviews on the implementation of the Government's response to the Committee's 2005 review into the Military Justice system. Given that experience, and the fact that the new model is so different from that it replaces, it would be prudent to have the Bills considered by that Committee.

                        The Bills were introduced into the House by the Attorney General and legislate for the creation of a new court. In this respect they fall within the purview of the Senate

                        Legal and Constitutional Affairs Committee, which may be able to consider those aspects of the Bill more thoroughly.

                        Possible submissions or evidence from:

                        Department of Defence

                        Committees to which bill is to be referred:

                        Senate Foreign Affairs, Defence and Trade Legislation Committee Senate Legal and Constitutional Affairs Legislation Committee

                        Possible hearing date(s):

                        Possible reporting date:

                        14 August 2012

                        (signed)

                        Senator McEwen

                        Whip/Selection of Bills Committee member

                        Appendix 3

                        SELECTION OF BILLS COMMITTEE

                        Proposal to refer a bill to a committee

                        Name of bill:

                        Military Court of Australia Bill 2012; and

                        Military Court of Australia (Transitional Provisions and Consequential Amendments) Bill 2012

                        Reasons for referral/principal issues for consideration:

                        Compatibility with Chapter III of the Constitution;

                        Appropriate composition of courts;

                        Trial by jury provisions;

                        Eligibility of reserve force judges to sit as members of the Court.

                        Possible submissions or evidence from:

                        Representatives of the Australian Defence Forces Returned and Services League of Australia Department of Defence

                        Attorney-General's Department

                        Committee to which bill is to be referred:

                        Legal and Constitutional Affairs

                        Possible hearing date(s):

                        To be determined by committee

                        Possible reporting date:

                        To be determined by committee

                        (signed)

                        Senator Fifield

                        Whip/Selection of Bills Committee member

                        Appendix 4

                        SELECTION OF BILLS COMMITTEE

                        Proposal to refer a bill to a committee

                        Name of bill:

                        Tax Laws Amendment (Managed Investment Trust Withholding Tax) 2012

                        Reasons for referral/principal issues for consideration:

                        Doubling of Tax

                        Impact on investment in Australia

                        Sovereign risk issues

                        Impact on long-term infrastructure investment and other investment

                        Possible submissions or evidence from:

                        Treasury and ATO

                        Property Council of Australia

                        Financial Services Council

                        Private Fund Managers

                        Infrastructure Partnerships Australia CFMEU and ETU

                        Tax Institute

                        Professional Accounting Bodies

                        National Tourism Alliance

                        Tourism Accommodation Association

                        Committee to which bill is to be referred: Economics

                        Possible hearing date(s):

                        July 2012

                        Possible reporting date:

                        14 August 2012

                        (signed)

                        Senator Fifield

                        Whip/Selection of Bills Committee member

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