Kerry O'Brien (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

I present the 5th and 6th reports of 2010 of the Selection of Bills Committee.

Ordered that the reports be adopted.

I seek leave to have the reports incorporated in Hansard.

Leave granted.

The reports read as follows:

SELECTION OF BILLS COMMITTEE

REPORT NO. 5 OF 2010

1. The committee met in private session on Wednesday, 17 March 2010 at 7.28 pm.

2. The committee resolved to recommend—That—

(a)

the order of the Senate of 11 March 2010 adopting the committee’s 4th report of 2010 be varied to provide that the provisions of the Personal Property Securities (Corporations and Other Amendments) Bill 2010 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 12 May 2010 (see appendix 1 for a statement of reasons for referral);

(b)

the provisions of the Tax Laws Amendment (2010 Measures No. 2) Bill 2010 be referred immediately to the Economics Legislation Committee for inquiry and report by 11 May 2010 (see appendix 2 for a statement of reasons for referral); and

(c)

the provisions of the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 be referred immediately to the Economics Legislation Committee for inquiry and report by 21 May 2010 (see appendix 3 for a statement of reasons for referral).

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

• Agricultural and Veterinary Chemicals Code Amendment Bill 2010
• Carer Recognition Bill 2010
• Immigration (Education) Amendment Bill 2010
• Ministers of State Amendment Bill 2010
• Social Security Amendment (Flexible Participation Requirements for Principal Carers) Bill 2010
• Tax Laws Amendment (Transfer of Provisions) Bill 2010
• Therapeutic Goods Amendment (2010 Measures No. 1) Bill 2010.

The committee considered the Food Importation (Bovine Meat Standards) Bill 2010 and, noting that the bill had passed the Senate on 15 March 2010, resolved to recommend that the bill not be referred to a committee.

The committee recommends accordingly.

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

• Defence Legislation Amendment Bill (No. 1) 2010
• Insurance Contracts Amendment Bill 2010
• Territories Law Reform Bill 2010
• Keeping Jobs from Going Offshore (Protection of Personal Information) Bill 2009.

(Kerry O’Brien)

Chair

18 March 2010

APPENDIX I

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Personal Property Securities (Corporations and Other Amendments) Bill.

Reasons for referral/principal issues for consideration:

The purpose of the inquiry is to examine the consistency of the PPS regime and the Bill with the means of recording and enforcing security interests under the Corporations Act.

Possible submissions or evidence from:

A-C’s Department ASIC

The Law Council.

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

Possible reporting date:

May 2010

(signed)

Kerry O’Brien

Whip/ Selection of Bills Committee member

APPENDIX 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a commit-tee

Name of bill:

Tax Laws Amendment (2010 Measures No. 2) Bill 2010

Reasons for referral/principal issues for consideration:

To ensure that there are no further unintended consequences of the Bill, particularly relating to the amendments in Schedule 1

Possible submissions or evidence from:

Committee to which bill is to be referred:

Economics Legislation Committee

Possible hearing date(s):

Possible reporting date:

May 11 2010

(signed)

(signed)

Kerry O’Brien

Whip/ Selection of Bills Committee member

APPENDIX 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010

Reasons for referral/principal issues for consideration:

To enable the Senate - through the committee process - to give adequate consideration to this very substantial reform of Australia’s consumer protection laws.

Possible submissions or evidence from:

Australian Competition and Consumer Commission

Australian Securities and Investments Commission

Australian Chamber of Commerce and Industry

Business Council of Australia

Law Council of Australia:

- Australian Consumer Law Group (Mr Gerard Mullins)

- Trade Practices Committee, Business Law Section (Mr Dave Poddar) Prof Stephen Corones - School of Law, Queensland University of Technology

Committee to which bill is to be referred:

Senate Economics (Legislation) Committee

Possible hearing date(s):

No preference

Possible reporting date:

21 May 2010

(signed)

Kerry O’Brien

Whip / Selection of Bills Committee member

SELECTION OF BILLS COMMITTEE

REPORT NO. 6 OF 2010

1. The committee met in private session on Thursday, 18 March 2010 at 12.02 pm.

2. The committee resolved to recommend—That—

(a)

the provisions of the Broadcasting Legislation Amendment (Digital Television) Bill 2010 be referred immediately to the Environment, Communications and the Arts Legislation Committee for inquiry and report by 12 May 2010 (see appendix 1 for a statement of reasons for referral);

(b)

the provisions of the Building Energy Efficiency Disclosure Bill 2010 be referred immediately to the Environment, Communications and the Arts Legislation Committee for inquiry and report by 11 May 2010 (see appendix 2 for a statement of reasons for referral);

(c)

the provisions of the National Security Legislation Amendment Bill 2010 and the Parliamentary Joint Committee on Law Enforcement Bill 2010 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 15 June 2010 (see appendix 3 for a statement of reasons for referral); and

(d)

the provisions of the Telecommunications Legislation Amendment (Fibre Deployment) Bill 2010 be referred immediately to the Environment, Communications and the Arts Legislation Committee for inquiry and report by 12 May 2010 (see appendix 4 for a statement of reasons for referral).

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

• Insurance Contracts Amendment Bill 2010
• Social Security and Indigenous Legislation Amendment (Budget and Other Measures) Bill 2010
• Tax Laws Amendment (2010 GST Administration Measures No. 2) Bill 2010.

The committee recommends accordingly.

4. The committee considered the Territories Law Reform Bill 2010 and noted that, on 18 March 2010, the Senate had agreed to refer the provisions of the bill to the Joint Standing Committee on the National Capital and External Territories for inquiry and report.

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

• Defence Legislation Amendment Bill (No. 1) 2010
• Keeping Jobs from Going Offshore (Protection of Personal Information) Bill 2009
• Water (Crisis Powers and Floodwater Diversion) Bill 2010.

(Kerry O’Brien)

Chair

18 March 2010

APPENDIX 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a commit-tee

Name of bill:

Broadcasting Legislation Amendment (Digital Television) Bill 2010

Reasons for referral/principal issues for consideration:

1. The Government's solution to digital television blackspots is of significant importance to viewers, particularly in regional, rural and remote Australia. Local councils who to date have run self-help re-transmission facilities will be keenly interested in the solution.

Possible submissions or evidence from:

1. Residents in regional and rural Australia;

2. Local councils and regional community groups who currently operate self- help retransmission services;

3. Broadcasters;

4. Satellite service providers;

5. Television reception equipment installers (eg: antenna technicians and satellite dish installers),

Committee to which bill is to be referred:

Environment, Communications and the Arts

Possible hearing date(s):

Throughout April

Possible reporting date:

12 May

(signed)

Kerry O’Brien

Whip/ Selection Committee member

APPENDIX 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Building Energy Efficiency Disclosure Bill 2010

Reasons for referral/principal issues for consideration:

Contention over regulatory burden and changes in approach since the original scheme was announced by the government. Assumptions in regulation impact assessment have been widely challenged.

Possible submissions or evidence from:

The Property Council, Green Building Council of Australia, Commercial Building Owners and Operators, Property Trusts, Construction Industry Experts, Energy Efficiency Council.

Committee to which bill is to be referred:

Environment, Communications and the Arts Committee

Possible hearing date(s):

12 April 2010

Possible reporting date:

11 May 2010

(signed)

Kerry O’Brien

Whip / Selection of Bills Committee member

APPENDIX 3

SELECTION OF BILLS COMMITTEE         

Proposal to refer a bill to a committee

Name of bill:

National Security Amendment Bill

Reasons for referral/principal issues for consideration:

The government's 448 page complex exposure draft of this legislation provoked expert response. A thorough examination is required of what adjustments have been made. The process of reviewing and amending these laws needs to contrast starkly with the undue haste with which the anti-terrorism laws were passed in the highly politically charged post-September 11 environment. An inquiry into the changes offers an opportunity examine if the laws remain necessary, effective and proportional to the extant threat.

Possible submissions or evidence from:

Law Council of Australia

Julian Burnside, Liberty Victoria

Phil Lynch, Director, Human Rights Law Resource Centre Ltd

Dr Patrick Emerton, Monash University Law School

Justice John Dowd, President, Australian chapter of the Intl Commission of Jurists Assoc. Professor Jude McCulloch, Castan Centre for Human Rights Law,

Rob Stary & Associates

Gilbert and Tobin Centre of Public Law, Faculty of Law, University of NSW Law Society of New South Wales

Australian Muslim Civil Rights Advocacy Network

Sydney Centre for International Law, Faculty of Law, Sydney University Australian Lawyers Alliance

Australian Human Rights Commission

Civil Liberties Australia

Committee to which bill is to be referred:

Legal and Constitutional

Possible hearing date(s):

Late May

Possible reporting date:

24 June

(signed)

Kerry O’Brien

Whip Selection of Bills Committee member

APPENDIX 4

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Telecommunications Legislation Amendment (Fibre Deployment) Bill 2010

Reasons for referral/principal issues for consideration:

1. The Government announced last April its commitment to ensuring new premises were fitted with superfast broadband infrastructure.

2. This Bill implements the Government's policy.

3, It will be of considerable interest to developers, state & territory governments, local councils and telecommunications companies.

4. The Government welcomes Senate scrutiny of the Bill prior to the Budget sittings.

Possible submissions or evidence from:

• Telecommunications carriers
• Developers and property groups
• State, Territory and Local governments

Committee to which bill is to be referred:

Environment, Communications and the Arts

Possible hearing date(s):

Throughout April

Possible reporting date:

12 May

Kerry O’Brien

Whip / Selection of Bills Committee member