Senate debates

Thursday, 1 December 2016

Committees

Selection of Bills Committee; Report

11:56 am

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

I present the 10th report of 2016 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. 10 OF 2016

1. The committee met in private session on Wednesday, 30 November 2016 at 7.31 pm.

2. The committee resolved to recommend—That—

(a) contingent upon its introduction in the House of Representatives, the provisions of the Competition and Consumer Amendment (Misuse of Market Power) Bill 2016 be referred immediately to the Economics Legislation Committee for inquiry and report by 16 February 2017 (see appendix 1 for a statement of reasons for referral);

(b) the provisions of the Corporations Amendment (Crowd-sourced Funding) Bill 2016 be referred immediately to the Economics Legislation Committee for inquiry and report by 13 February 2017 (see appendix 2 for a statement of reasons for referral);

(c) the provisions of the Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Bill 2016 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 16 February 2017 (see appendix 3 for a statement of reasons for referral);

(d) the provisions of the Migration Legislation Amendment (Code of Procedure Harmonisation) Bill 2016 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 14 February 2017 (see appendix 4 for a statement of reasons for referral); and

(e) the provisions of the Veterans' Affairs Legislation Amendment (Digital Readiness and Other Measures) Bill 2016 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 14 February 2017 (see appendix 5 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 deferred consideration of the following bills to its next meeting:

                                            (David Bushby)

                                            Chair

                                            1 December 2016

                                            APPENDIX 1

                                            Proposal to refer a bill to a committee:

                                            Name of bill:

                                            Competition and Consumer Amendment (Misuse of Market Power) Bill 2016

                                            Reasons for referral/principal issues for consideration:

                                            Bill proposed a significant reform to competition policy that should be subject to public scrutiny.

                                            Possible submissions or evidence from:

                                            Business sector

                                            Trade unions

                                            Academics

                                            Government agencies

                                            Committee to which bill is to be referred:

                                            Economics

                                            Possible hearing date(s):

                                            First quarter 2016

                                            Possible reporting date:

                                            First quarter 2016

                                            Senator Rachel Siewert

                                            APPENDIX 2

                                            Proposal to refer a bill to a committee:

                                            Name of bill:

                                            Corporations Amendment (Crowd-Sourced Funding) Bill 2016

                                            Reasons for referral/principal issues for consideration:

                                            To apply proper scrutiny to the effect of the legislation. To give opportunity for affected stakeholders to provide evidence about how the legislation would operate. To ascertain the possible consequences of the program. To examine thoroughly the Bill to ensure there are no unforeseen or unintended consequences.

                                            Possible submissions or evidence from:

                                            Employee Ownership Australia Ltd

                                            Supplementary to submission

                                            Fat Hen Ventures Ltd

                                            Australian Private Equity & Venture Capital Association Limited (AVCAL)

                                            Confidential

                                            VentureCrowd

                                            Financial Ombudsman Service Australia

                                            Dr Marina Nehme

                                            Law Council of Australia (Corporations Committee, Business Law Section)

                                            Australian Small Scale Offerings Board (ASSOB)

                                            Business Council of Co-operatives and Mutuals (BCCM)

                                            Attachment 1

                                            ASX Ltd

                                            Pitcher Partners Advisors Proprietary Limited

                                            Solutions4Strategy

                                            Chartered Accountants Australia and New Zealand

                                            CrowdfundUP

                                            King & Wood Mallesons

                                            Macpherson Greenleaf

                                            BDO Australia

                                            Crowd Ready

                                            Mills Oakley Lawyers

                                            Equitise

                                            Mr Paul Niederer

                                            Committee to which bill is to be referred:

                                            Senate Economics Legislation

                                            Possible hearing date(s):

                                            To be determined by the committee

                                            Possible reporting date:

                                            Monday 13 February

                                            Senator Anne Urquhart

                                            APPENDIX 3

                                            Proposal to refer a bill to a committee:

                                            Name of bill:

                                            Crimes Legislation Amendment (International Crime Cooperation and Other Measures) Bill 2016

                                            Reasons for referral/principal issues for consideration:

                                            This is a large omnibus bill which updates 16 different pieces of Commonwealth legislation across 11 Schedules.

                                            Given the complexity and volume of amendments to Commonwealth legislation contained in the Bill, it would be appropriate to refer the Bill to committee for careful consideration.

                                            Possible submissions or evidence from:

                                            Law Council of Australia, the Australian Federal Police, the Australian Federal Police Association, State, Territory and International Bar Associations, Anti-Slavery Australia, the Uniting Church, Australian Catholic Religious Against Trafficking in Humans, World Vision, the Red Cross and other advocacy organisations.

                                            Committee to which bill is to be referred:

                                            Senate Legal and Constitutional Affairs Legislation Committee

                                            Possible hearing date(s):

                                            Can be done on the papers

                                            Possible reporting date:

                                            16 February 2017

                                            Senator Anne Urquhart

                                            APPENDIX 4

                                            Proposal to refer a bill to a committee:

                                            Name of bill:

                                            Migration Legislation Amendment (Code of Procedure Harmonisation) Bill 2016

                                            Reasons for referral/principal issues for consideration:

                                            The complex nature of the Migration Act and the impact any change may have on people seeking a visa, industry bodies, Australian business and residents warrants further consultation and investigation.

                                            Possible submissions or evidence from:

                                                Committee to which bill is to be referred:

                                                Senate Legal and Constitutional Affairs Legislation Committee

                                                Possible hearing date(s):

                                                To be determined by Committee.

                                                Possible reporting date:

                                                14 February 2016

                                                Senator Anne Urquhart

                                                APPENDIX 5

                                                Proposal to refer a bill to a committee:

                                                Name of bill:

                                                Veterans' Affairs Legislation Amendment (Digital Readiness and Other Measures) Bill 2016

                                                Reasons for referral/principal issues for consideration:

                                                Without the final guidelines for Schedule 2 of this bill it cannot be considered in detail;

                                                There needs to be a wider examination of the effects of Schedule 2 and its requirements, and whether there are sufficient legislative protections for the veterans' community to justify Schedule 2 of the bill,

                                                The circumstances should be provided in which the Department would find it necessary to publically release the personal details of veterans; and,

                                                Concerned the Government has not taken into consideration wider stakeholder engagement

                                                Possible submissions or evidence from:

                                                Returned and Services League (RSL)

                                                Australian Defence Service Organisations (AD50)

                                                Committee to which bill is to be referred:

                                                Senate Foreign Affairs, Defence and Trade Legislation Committee

                                                Possible hearing date(s):

                                                To be determined by the committee

                                                Possible reporting date:

                                                14 February 2017

                                                Senator Anne Urquhart

                                                I move:

                                                That the report be adopted.

                                                Photo of Rachel SiewertRachel Siewert (WA, Australian Greens) Share this | | Hansard source

                                                The Telecommunications and Other Legislation Amendment Bill 2016, which is contained in the Selection of Bills Committee report, which I sought to refer last night and about which we could not agree at the Selection of Bills Committee meeting, gives the Attorney-General an extreme power and therefore should be investigated by the Legal and Constitutional Affairs Committee—a committee that has its inquiries on the public record—and not by the secretive Parliamentary Joint Committee on Intelligence and Security, which I am given to understand the bill has been referred to. That does not allow open scrutiny of these measures and does not include a Greens senator or member of the other place. Therefore, those of us who take a very deep interest in these issues, and who may have an alternative view to the other parties, do not get an opportunity to be involved in the investigation. I put on record we are extremely disappointed that we were not able to have an inquiry through the Legal and Constitutional Affairs Committee.

                                                Question agreed to.