Senate debates

Thursday, 3 September 2020

Committees

Selection of Bills Committee; Report

11:46 am

Photo of Dean SmithDean Smith (WA, Liberal Party) Share this | Hansard source

I present the eighth report of 2020 of the Selection of Bills Committee and 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 2020

1. The committee met in private session on Wednesday, 2 September 2020 at 7.30pm.

2. The committee recommends that—

  (a) contingent upon introduction in the House of Representatives, the provisionsof the Australia's Foreign Relations (State and Territory Arrangements) Bill 2020 and the Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 5 November 2020 (see appendix 1 for a statement of reasons for referral);

  (b) the provisionsof the Civil Aviation (Unmanned Aircraft Levy) Bill 2020 and the Civil Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020 be referred immediatelyto the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 4 November 2020 (see appendix 2 for a statement of reasons for referral);

  (c) the provisionsof the Clean Energy Finance Corporation Amendment (Grid Reliability Fund) Bill 2020 be referred immediatelyto the Environment and Communications Legislation Committee for inquiry and report by 4 November 2020 (see appendix 3 for a statement of reasons for referral);

  (d) the provisionsof the Crimes Legislation Amendment (Economic Disruption) Bill 2020 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 10 November 2020 (see appendix 4 for a statement of reasons for referral);

   (e) the provisionsof the National Commissioner for Defence and Veteran Suicide Prevention Bill 2020 and the National Commissioner for Defence and Veteran Suicide Prevention (Consequential Amendments) Bill 2020 be referred immediatelyto the Foreign Affairs, Defence and Trade Legislation Committee but was unable to reach agreement on a reporting date (see appendix 5 for a statement of reasons for referral);

  (f) the provisionsof the Radiocommunications Legislation Amendment (Reform and Modernisation) Bill 2020, the Radiocommunications (Receiver Licence Tax) Amendment Bill 2020, and the Radiocommunications (Transmitter Licence Tax) Amendment Bill 2020 be referred immediatelyto the Environment and Communications Legislation Committee for inquiry and report by 4 November 2020 (see appendix 6 for a statement of reasons for referral);

  (g) the provisionsof the Recycling and Waste Reduction Bill 2020, the Recycling and Waste Reduction (Consequential and Transitional Provisions) Bill 2020, the Recycling and Waste Reduction Charges (General) Bill 2020, the Recycling and Waste Reduction Charges (Customs) Bill 2020, and the Recycling and Waste Reduction Charges (Excise) Bill 2020 be referred immediatelyto the Environment and Communications Legislation Committee for inquiry and report by 30 September 2020 (see appendix 7 for a statement of reasons for referral); and

  (h) the Treasury Laws Amendment (Self Managed Superannuation Funds) Bill 2020 be referred immediatelyto the Economics Legislation Committee for inquiry and report by 4 November 2020 (see appendix 8 for a statement of reasons for referral).

3. The committee recommends that the following bills notbe referred to committees:

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

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

                                                (Dean Smith)

                                                Chair

                                                3 September 2020

                                                Appendix 1

                                                SELECTION OF BILLS COMMITTEE

                                                Proposal to refer a bill to a committee

                                                Name of bill: Australia's Foreign Relations (State and Territory Arrangements) Bill 2020

                                                Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020

                                                Reasons for referral/principal issues for consideration:

                                                Possible submissions or evidence from:

                                                DFAT

                                                AGD

                                                States and Territories

                                                Committee to which bill is to be referred:

                                                Legal and Constitutional

                                                Possible hearing date(s):

                                                Possible reporting date: 22 October

                                                (signed)

                                                Anne Ruston

                                                SELECTION OF BILLS COMMITTEE

                                                Proposal to refer a bill to a committee

                                                Name of bill: Australia's Foreign Relations (State and Territory Arrangements) Bill 2020

                                                Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020

                                                Reasons for referral/principal issues for consideration:

                                                The sort of powers that the Government is talking about to override arrangements that are counter to the national interest require careful examination to make sure it is both workable and consistent with the powers of the Parliament.

                                                Concerns have already been raised by significant stakeholders, such as universities, particularly about lack of consultation.

                                                Possible submissions or evidence from:

                                                Department of Foreign Affairs and Trade

                                                Attorney-General's Department

                                                State and territory governments

                                                Universities

                                                Committee to which bill is to be referred:

                                                Senate Foreign Affairs, Defence and Trade Legislation Committee

                                                Possible hearing date(s):

                                                Late September/ early October

                                                Possible reporting date: 30 November 2020

                                                (signed)    

                                                Anne Urquhart

                                                Appendix 2

                                                SELECTION OF BILLS COMMITTEE

                                                Proposal to refer a bill to a committee

                                                Name of bill:

                                                Civil Aviation (Unmanned Aircraft Levy) Bill 2020

                                                Civil Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020

                                                Reasons for referral/principal issues for consideration:

                                                        Possible submissions or evidence from:

                                                              Committee to which bill is to be referred:

                                                                Possible hearing date(s):

                                                                To be determined by the committee

                                                                Possible reporting date:

                                                                4 November 2020

                                                                (signed)

                                                                Anne Urquhart

                                                                SELECTION OF BILLS COMMITTEE

                                                                Proposal to refer a bill to a committee

                                                                Name of bill: Civil Aviation (Unmanned Aircraft Levy) Bill 2020 [and] Civil Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020

                                                                Reasons for referral/principal issues for consideration: Consideration of the level of consultation undertaken, appropriateness of levy thresholds, and use of delegated legislation.

                                                                Possible submissions or evidence from: Drone stakeholders and community organisations

                                                                Committee to which bill is to be referred: Rural and Regional Affairs and Transport

                                                                Possible hearing date(s): Hearing on the papers

                                                                Possible reporting date: 29 October 2020

                                                                (signed)

                                                                Rachel Siewert

                                                                SELECTION OF BILLS COMMITTEE

                                                                Proposal to refer a bill to a committee

                                                                Name of bill: Clean Energy Finance Corporation Amendment (Grid Reliability Fund) Bill 2020

                                                                Reasons for referral/principal issues for consideration:

                                                                Substantive and controversial change to the CEFC Act, including to financial operation of CEFC, what investments qualify as investments, and how allowable investments are determined.

                                                                Possible submissions or evidence from:

                                                                Clean Energy Council

                                                                Australian Energy Council

                                                                Smart Energy Council

                                                                Investor Group on Climate Change

                                                                Former CEFC CEO, Oliver Yates

                                                                Climate Council

                                                                Climate Works

                                                                Australian Conservation Foundation

                                                                Committee to which bill is to be referred: Senate Environment and Communications Legislation Committee

                                                                Possible hearing date(s):

                                                                To be determined by the committee

                                                                Possible reporting date:

                                                                4 November 2020.

                                                                (signed)

                                                                Anne Urquhart

                                                                SELECTION OF BILLS COMMITTEE

                                                                Proposal to refer a bill to a committee

                                                                Name of bill:

                                                                Clean Energy Finance Corporation Amendment (Grid Reliability Fund) Bill 2020

                                                                Reasons for referral/principal issues for consideration:

                                                                Seeking the views and intentions of the CEFC Board in fulfilling the legislation, acquire stakeholder views and understand the purpose of the amendments.

                                                                Possible submissions or evidence from:

                                                                Chair and CEO of CEFC, Department of Industry, Science, Energy & Resources, Clean Energy Council, Energy Networks Association, Tesla, Snowy Hydro, APPEA, APA Group, The Australia Institute, Climate Council, State based conservation councils.

                                                                Committee to which bill is to be referred:

                                                                Environment and Communications Legislation Committee

                                                                Possible hearing date(s):

                                                                24 September 30 October, 13 November

                                                                Possible reporting date:

                                                                7 December 2020

                                                                (signed)

                                                                Rachel Siewert

                                                                Appendix 4

                                                                SELECTION OF BILLS COMMITTEE

                                                                Proposal to refer a bill to a committee

                                                                Name of bill: Crimes Legislation Amendment (Economic Disruption) Bill 2020

                                                                Reasons for referral/principal issues for consideration:

                                                                Complex legislation including expansion of money laundering and proceeds of crime legislation. Govt has been slow to move on expanding money laundering legislation – this is an opportunity to demonstrate where they have no moved.

                                                                Possible submissions or evidence from:

                                                                Home Affairs; AUSTRAC; AFP; ACIC; Australian Strategic Policy Institute; Australian Banking Association; Office of the Australian Information Commissioner

                                                                Committee to which bill is to be referred:

                                                                Senate Legal & Constitutional Affairs Legislation Committee

                                                                Possible hearing date(s):

                                                                To be determined by the committee

                                                                Possible reporting date:

                                                                18 November 2020.

                                                                (signed)

                                                                Senator Anne Urquhart

                                                                SELECTION OF BILLS COMMITTEE

                                                                Proposal to refer a bill to a committee

                                                                Name of bill: Crimes Legislation Amendment (Economic Disruption) Bill 2020

                                                                Reasons for referral/principal issues for consideration: concerns regarding human rights and digital rights.

                                                                Possible submissions or evidence from: Human Rights Law Centre; Law Council of Australia; Civil Liberties Australia; Australian Lawyers Alliance; Digital Rights Watch, and Electronic Frontiers Australia.

                                                                Committee to which bill is to be referred: Legal & Constitutional Affairs

                                                                Possible hearing date(s): 30 September-1 October 2020

                                                                Possible reporting date: 10 November 2020

                                                                (signed)

                                                                Rachel Siewert

                                                                Appendix 5

                                                                SELECTION OF BILLS COMMITTEE

                                                                Proposal to refer a bill to a committee

                                                                Name of bill: National Commissioner for Veteran Suicide Prevention Bill

                                                                Reasons for referral/principal issues for consideration: to allow for consideration of design of proposed National Commissioner, informed by the findings of the impending interim Commissioner, forthcoming government response to the Productivity Commission's A Better Way report, impacted stakeholder submissions and consultation.

                                                                Because the interim Commissioner (as announced February 5 2020) has yet to be appointed, the interim Commissioner's literature review, also announced in February, is also yet to commence. This review, consisting of a comprehensive review of known current and former ADF and Defence personnel suicides since 2001, as well as a progress update on the implementation of recommendations made in various reviews and reports since 2003, should be concluded to inform the design of the National commissioner's proposed functioning.

                                                                The expectation offered by the Government in February 2020 was that the interim Commissioner would produce an initial report back twelve months from commencement, with a final report due 18 months from commencement (or six months after the initial reporting date). As this has been delayed, it is reasonable to suggest that the work of the interim Commissioner should inform the consideration of the Senate committee, and such that the work of the interim Commissioner should be allowed to proceed without delay, and without undue haste. The 12-month timeline to produce an initial report should be honoured.

                                                                Possible submissions or evidence from:

                                                                Families, spouses of suicided Defence personnel.

                                                                Departments.

                                                                Academics.

                                                                Legal Experts.

                                                                Productivity Commission.

                                                                Ex-service organisations.

                                                                Veteran advocates.

                                                                Committee to which bill is to be referred:

                                                                FADT Legislative Committee

                                                                Possible hearing date(s):

                                                                Possible reporting date:

                                                                24 April 2021

                                                                (signed)

                                                                Senator Lambie

                                                                Appendix 6

                                                                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:

                                                                                  Committee to which bill is to be referred:

                                                                                    Possible hearing date(s):

                                                                                    To be determined by the committee

                                                                                    Possible reporting date:

                                                                                      (signed)

                                                                                      Senator Anne Urquhart

                                                                                      Appendix 7

                                                                                      SELECTION OF BILLS COMMITTEE

                                                                                      Proposal to refer a bill to a committee

                                                                                      Name of bill:

                                                                                      Recycling & Waste Reduction Bill 2020

                                                                                      Recycling & Waste Reduction (Consequential and Transitional Provisions) Bill 2020

                                                                                      Recycling & Waste Reduction Charges (General) Bill 2020

                                                                                      Recycling & Waste Reduction Charges (Customs) Bill 2020

                                                                                      Recycling & Waste Reduction Charges (Excise) Bill 2020

                                                                                      Reasons for referral/principal issues for consideration: This package of Bills may see significant reform to waste management and have significant environmental implications.

                                                                                      Possible submissions or evidence from: Recycling industry stakeholders (representing over 60,000 workers), NGOs, packaging and retail industry stakeholders.

                                                                                      Committee to which bill is to be referred: Environment and Communications Committee

                                                                                      Possible hearing date(s): September

                                                                                      Possible reporting date: 30 September 2020

                                                                                      (signed)

                                                                                      Rachel Siewert

                                                                                      SELECTION OF BILLS COMMITTEE

                                                                                      Proposal to refer a bill to a committee

                                                                                      Name of bill:

                                                                                      Recycling & Waste Reduction Bill 2020

                                                                                      Recycling & Waste Reduction (Consequential and Transitional Provisions) Bill 2020

                                                                                      Recycling & Waste Reduction Charges (General) Bill 2020

                                                                                      Recycling & Waste Reduction Charges (Customs) Bill 2020

                                                                                      Recycling & Waste Reduction Charges (Excise) Bill 2020

                                                                                      Reasons for referral/principal issues for consideration: These bills introduce significant changes to the regulatory framework for the export of waste materials and it will be important to ensure that the measures included are appropriate.

                                                                                      Possible submissions or evidence from: National Waste & Recycling Industry Council, Australian Council of Recycling, Waste Management & Resource Recovery Association, Boomerang Alliance and the Law Council of Australia.

                                                                                      Committee to which bill is to be referred: Senate Environment and Communications Legislation Committee

                                                                                      Possible hearing date(s): To be determined by the committee

                                                                                      Possible reporting date: 30 September 2020

                                                                                      (signed)

                                                                                      Senator Anne Urquhart

                                                                                      Appendix 8

                                                                                      SELECTION OF BILLS COMMITTEE

                                                                                      Proposal to refer a bill to a committee

                                                                                      Name of bill:

                                                                                      Treasury Laws Amendment (Self Managed Superannuation) Bill 2020

                                                                                      Reasons for referral/principal issues for consideration:

                                                                                      Merits of extending SMSFs to cover six people, issues in SMSF administration arising from larger coverage, operation of SMSFs, prudential matters relating to SMSFs with multiple members, tax implications of larger SMSFs, consumer matters relating to SMSF advice, retirement income impacts of SMSF expansion

                                                                                      Possible submissions or evidence from:

                                                                                      SMSF Association, Financial Services Council, Financial Planning Association of Australia, Association of Financial Advisers, Australian Banking Association, CPA Australia, CA ANZ, Institute of Public Accountants Australia, Prof Deborah Ralston, Prof Susan Thorp, Treasury, ASIC, ATO, APRA, Tax Justice Network, Productivity Commission, Super Consumers Australia

                                                                                      Committee to which bill is to be referred:

                                                                                      Senate Economics Legislation Committee

                                                                                      Possible hearing date(s):

                                                                                      To be determined by the committee

                                                                                      Possible reporting date:

                                                                                      4 November 2020

                                                                                      (signed)

                                                                                      Senator Anne Urquhart

                                                                                      Appendix 9

                                                                                      SELECTION OF BILLS COMMITTEE

                                                                                      Proposal to refer a bill to a committee

                                                                                      Name of bill: Environment Protection and Biodiversity Conservation Act Amendment (Streamlining Environmental Approvals) Bill 2020

                                                                                      Reasons for referral/principal issues for consideration:

                                                                                          Possible submissions or evidence from:

                                                                                          Committee to which bill is to be referred:

                                                                                          Senate Environment and Communications Legislation Committee

                                                                                          Possible hearing date(s):

                                                                                          To be determined by the committee

                                                                                          Possible reporting date:

                                                                                          11 November 2020

                                                                                          (signed)

                                                                                          Senator Anne Urquhart

                                                                                          SELECTION OF BILLS COMMITTEE

                                                                                          Proposal to refer a bill to a committee

                                                                                          Name of bill: Environment Protection and Biodiversity Conservation amendment (Streamlining Environmental Approvals)

                                                                                          Reasons for referral/principal issues for consideration:

                                                                                          This bill would make changes to important environmental approvals processes. It would amend the EPBC Act which is currently the subject of an independent review and the Senate should understand the full recommendations of the independent review before considering this legislation.

                                                                                          Possible submissions or evidence from:

                                                                                          Committee to which bill is to be referred: Environment and Communications Legislation Committee

                                                                                          Possible hearing date(s):

                                                                                          Possible reporting date: 11th November

                                                                                          (signed)

                                                                                          Rachel Siewert

                                                                                          Appendix 10

                                                                                          SELECTION OF BILLS COMMITTEE

                                                                                          Proposal to refer a bill to a committee

                                                                                          Name of bill:

                                                                                          Higher Education Support Amendment (Job Ready Graduates and Supporting Regional and Remote Students) Bill 2020

                                                                                          Reasons for referral/principal issues for consideration:

                                                                                          The Bill seeks to fundamentally reform university funding; student fees; student protection and institutional audit measures.

                                                                                          The legislation fails to address aspects of the Government's proposed reforms that have a significant bearing on the university purpose and operations.

                                                                                          There has been significant public and expert criticism of the Bill on a range of matters – including the underlying assumptions, the evidence base, unintended consequences and perverse incentives.

                                                                                          Key stake holders have expressed the need for a comprehensive inquiry given the extent and complexity of the reforms proposed and the lack of consultation to date.

                                                                                          Possible submissions or evidence from:

                                                                                          Group of Eight

                                                                                          Universities Australia

                                                                                          Australian Technology Network

                                                                                          Innovation Research Universities

                                                                                          Regional Universities Network

                                                                                          individual Universities

                                                                                          National Union of Students

                                                                                          Professional Associations

                                                                                          Deans of Science; Deans of Education; Australiasian Council of Deans of Arts, Social Sciences and Humanities

                                                                                          NTEU, PSA

                                                                                          Policy experts and academics

                                                                                          Committee to which bill is to be referred:

                                                                                          Senate Education and Employment Legislation Committee

                                                                                          Possible hearing date(s):

                                                                                          September - November

                                                                                          Possible reporting date:

                                                                                          30 November 2020

                                                                                          (signed)

                                                                                          Anne Urquhart

                                                                                          Whip/Selection of Bills Committee member

                                                                                          SELECTION OF BILLS COMMITTEE

                                                                                          Proposal to refer a bill to a committee

                                                                                          Name of bill:

                                                                                          Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Bill 2020

                                                                                          Reasons for referral/principal issues for consideration:

                                                                                              Possible submissions or evidence from:

                                                                                                                        Committee to which bill is to be referred:

                                                                                                                        Senate Education and Employment Legislation Committee

                                                                                                                        Possible hearing date(s): no preference - depends on committee schedule

                                                                                                                        Possible reporting date:

                                                                                                                        30 November 2020

                                                                                                                        (signed)

                                                                                                                        Rachel Siewert

                                                                                                                        I move:

                                                                                                                        That the report be adopted.

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