David Bushby (Tasmania, Liberal Party) Share this | Link to this | Hansard source

I present the eighth report of 2017 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 2017

1. The committee met in private session on Wednesday, 9 August 2017 at 7.30 pm.

2. The committee recommends that—

(a) the provisions of the Australian Border Force Amendment (Protected Information) Bill 2017 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 12 September 2017 (see appendix 1 for a statement of reasons for referral);

(b) the provisions of the Migration Amendment (Regulation of Migration Agents) Bill 2017 and the Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2017 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 16 October 2017 (see appendices 2 and 3 for a statement of reasons for referral); and

(c) the provisions of the Migration Amendment (Validation of Decisions) Bill 2017 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 4 September 2017 (see appendices 4 and 5 for a statement of reasons for referral).

3. The committee recommends that the following bills not be referred to committees:

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

Education Services for Overseas Students Amendment Bill 2017

Product Emissions Standards (Excise) Charges Bill 2017 Product Emissions Standards (Customs) Charges Bill 2017

Product Emissions Standards (Consequential Provisions) Bill 2017

Appendix 1

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 reporting date:

Senator Anne Urquhart

Appendix 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Migration Amendment (Regulation of Migration Agents) Bill 2017

Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2017

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Department of Immigration and Border Protection

Committee to which bill is to be referred:

Senator Anne Urquhart

Appendix 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: Migration Amendment (Regulation of Migration Agents) Bill 2017

Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2017

Reasons for referral/principal issues for consideration:

The Bill proposes to amend the Migration Act 1958 and is targeted at deregulating the migration advice industry. This will see lawyers who hold practising certificates removed from regulation by the Migration Agents Registration Authority, so that they are regulated entirely by their relevant state or territory legal professional body.

There are concerns that if lawyers were removed from the current system of registration through OMARA, consumers and other stakeholders could not rely upon receiving a consistent quality of service from those lawyers who have not been required to either demonstrate that they have sound knowledge of migration practice and procedure or undertake specialist studies in migration law.

Under the proposed amendments it would be possible for someone with a legal practising certificate to be registered as a migration agent without demonstrating any knowledge of Australia's complex migration law and policy.

The level of concern that has been raised about the proposed amendments suggests that further examination of the bill is necessary.

Possible submissions or evidence from: Migration Institute of Australia, Law Council of Australia, State and Territory Law Societies.

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

Possible hearing date(s): September 2017

Possible reporting date: 16th October 2017

Senator Rachel Siewert

Appendix 4

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:

Senator Anne Urquhart

Appendix 5

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: Migration Amendment (Validation of Decisions) Bill 2017

Reasons for referral/principal issues for consideration:

This Bill is in response to a current High Court challenge to section 503A of the Migration Act 1958. It will protect visa cancellation decisions that have relied upon information under section 503A of the Act. Information provided under section 503A is currently protected from disclosure to Courts and Tribunals.

Concerns from stakeholders about these proposed amendments suggests further examination of the bill is required

Possible submissions or evidence from: Law Council of Australia, Australian Human Rights Commission, Civil Liberties Australia, Australian Lawyers Alliance, Refugee Legal

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

Possible hearing date(s): September 2017

Possible reporting date: 26 September 2017

Senator Rachel Siewert

I move:

That the report be adopted.

Question agreed to.