Senate debates

Thursday, 16 November 2017

Committees

Selection of Bills Committee; Report

11:52 am

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

I present the 13th report of 2017 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. 13 OF 2017

1. The committee met in private session on Wednesday, 15 November 2017 at 7.18 pm.

2. The committee recommends that—

(a) the Australian Broadcasting Corporation Amendment (Fair and Balanced) Bill 2017 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 9 February 2018 (see appendix 1 for a statement of reasons for referral);

(b) the Australian Broadcasting Corporation Amendment (Rural and Regional Measures) Bill 2017 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 16 February 2018 (see appendix 2 for a statement of reasons for referral);

(c) the provisions of the Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Bill 2017 be referred immediately to the Economics Legislation Committee for inquiry and report by 9 February 2018 (see appendix 3 for a statement of reasons for referral);

(d) the Public Governance, Performance and Accountability Amendment (Executive Remuneration) Bill 2017 be referred immediately to the Education and Employment Legislation Committee for inquiry and report by 26 March 2018 (see appendix 4 for a statement of reasons for referral); and

(e) the provisions of the Treasury Laws Amendment (National Housing and Homelessness Agreement) Bill 2017 be referred immediately to the Economics Legislation Committee for inquiry and report by 6 February 2018 (see appendix 5 for a statement of reasons for referral)

(f) the provisions of the Proceeds of Crime Amendment (Proceeds and Other Matters) Bill 2017 be referred immediately to the Legal and Constitutional Affairs Legislation Committee but was unable to reach agreement on a reporting date (see appendix 6 for a statement of reasons for referral); and

(g) the provisions of the Migration Amendment (Skilling Australians Fund) Bill 2017, and the Migration (Skilling Australians Fund) Charges Bill 2017 be referred immediately to the Legal and Constitutional Affairs Legislation Committee but was unable to reach agreement on a reporting date (see appendix 7 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:

                    Commonwealth Redress Scheme for Institutional Child Sexual Abuse (Consequential Amendments) Bill 2017

                                      (David Bushby)

                                      Chair

                                      16 November 2017

                                      Appendix 1

                                      SELECTION OF BILLS COMMITTEE

                                      Proposal to refer a bill to a committee

                                      Name of bill:

                                      "Australian Broadcasting Corporation Amendment (Fair and Balanced) Bill 2017(originated in the Senate on Wednesday 18 October 2017)"

                                      Reasons for referral/principal issues for consideration:

                                      Impact on the budget, resources and independence of the ABC

                                      Possible submissions or evidence from:

                                      ABC

                                      Friends of ABC

                                      Press Council

                                      SBS

                                      Friends of SBS

                                      MEAA

                                      Various media organisations

                                      Committee to which bill is to be referred:

                                      Environment and Communications committee.

                                      Possible hearing date(s):

                                      9 or 16 February 2018

                                      Possible reporting date:

                                      28 March 2018

                                      (signed)

                                      Senator Rachel Siewert

                                      Appendix 2

                                      SELECTION OF BILLS COMMITTEE

                                      Proposal to refer a bill to a committee

                                      Name of bill:

                                      "Australian Broadcasting Corporation Amendment (Rural and Regional Measures) Bill 2017 (originated in the Senate on Wednesday 18 October 2017)"

                                      Reasons for referral/principal issues for consideration:

                                      Impact on the budget, resources and independence of the ABC

                                      Possible submissions or evidence from:

                                      ABC

                                      Friends of ABC

                                      Press Council

                                      SBS

                                      Friends of SBS

                                      MEAA

                                      Various media organisations

                                      Committee to which bill is to be referred:

                                      Environment and Communications committee.

                                      Possible hearing date(s):

                                      9 or 16 February 2018

                                      Possible reporting date:

                                      28 March 2018

                                      (signed)

                                      Senator Rachel Siewert

                                      Appendix 3

                                      SELECTION OF BILLS COMMITTEE

                                      Proposal to refer a bill to a committee

                                      Name of bill:

                                      Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Bill 2017

                                      Reasons for referral/principal issues for consideration:

                                      To understand exactly what capital instruments are covered by the Bill.

                                      To understand what consultation process APRA would be required to undertake before making determinations under the Bill.

                                      To understand what power the executive and/or parliament is ceding to APRA.

                                      To understand the possible implications to market concentration in the banking sector.

                                      Possible submissions or evidence from:

                                      APRA

                                      ASIC

                                      RBA

                                      Treasury

                                      Banks

                                      Economists

                                      Committee to which bill is to be referred:

                                      Economics

                                      Possible hearing date(s):

                                      February 2017

                                      Possible reporting date:

                                      March 2017

                                      (signed)

                                      Senator Rachel Siewert

                                      Appendix 4

                                      SELECTION OF BILLS COMMITTEE

                                      Proposal to refer a bill to a committee

                                      Name of bill:

                                      Public Governance, Performance and Accountability Amendment (Executive Remuneration) Bill 2017

                                      Reasons for referral/principal issues for consideration:

                                      To explore the behavioural responses within the labour market. To explore the expenditure implications.

                                      Possible submissions or evidence from:

                                      Economists, including think-tanks Unions

                                      The public service

                                      Committee to which bill is to be referred:

                                      Education & Employment

                                      Possible hearing date(s):

                                      February 2018

                                      Possible reporting date:

                                      March 2018

                                      (signed)

                                      Senator Rachel Siewert

                                      Appendix 5

                                      SELECTION OF BILLS COMMITTEE

                                      Proposal to refer a bill to a committee

                                      Name of bill:

                                      Treasury Laws Amendment (National Housing and Homelessness Agreement) Bill 2017

                                      Reasons for referral/principal issues for consideration:

                                            Possible submissions or evidence from:

                                                    Committee to which bill is to be referred:

                                                      Possible hearing date(s):

                                                        Possible reporting date:

                                                          (signed)

                                                          Senator Anne Urquhart

                                                          Appendix 6

                                                          SELECTION OF BILLS COMMITTEE

                                                          Proposal to refer a bill to a committee

                                                          Name of bill:

                                                          Proceeds of Crime Amendment (Proceeds and Other Matters) Bill 2017

                                                          Reasons for referral/principal issues for consideration:

                                                          This bill makes significant amendments to the Proceeds of Crime regime.

                                                          Given the complexity and technical nature of the amendments contained in the Bill, and its capacity to impact on individuals' rights and liberties, it would be appropriate to refer the Bill to inquiry for careful consideration.

                                                          Possible submissions or evidence from:

                                                          Attorney-General's Department, Law Council of Australia, the Australian Federal Police, the Australian Federal Police Association, Police Federation of Australia, State, Territory and International Bar Associations (e.g. the Victorian Bar and Criminal Bar Association), state and territory law associations! institutes (e.g. Law Institute of Victoria, NSW Law Society), the Australian Human Rights Commission, the NSW Council for Civil Liberties.

                                                          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 20115

                                                          (signed)

                                                          Senator Anne Urquhart

                                                          Appendix 7

                                                          SELECTION OF BILLS COMMITTEE

                                                          Proposal to refer a bill to a committee

                                                          Name of bills:

                                                              Reasons for referral/principal issues for consideration:

                                                                    Possible submissions or evidence from:

                                                                                      Committee to which bill is to be referred:

                                                                                                    Appendix 8

                                                                                                    SELECTION OF BILLS COMMITTEE

                                                                                                    Proposal to refer a bill to a committee

                                                                                                    Name of bill:

                                                                                                    Migration Amendment (Skilling Australians Fund) Bill 2017

                                                                                                    Reasons for referral/principal issues for consideration

                                                                                                    Makes changes to funding arrangements for employers of workers on temporary workers visas.

                                                                                                    Possible submissions or evidence from:

                                                                                                    Unions, Employer Organisations, Training Organisations

                                                                                                    Committee to which bill is to be referred:

                                                                                                    Legal and Constitutional Affairs Legislation Committee

                                                                                                    Possible hearing date(s):

                                                                                                    1 December 2017

                                                                                                    Possible reporting date:

                                                                                                    6th December 2017

                                                                                                    (signed)

                                                                                                    Senator Rachel Siewert

                                                                                                    I move:

                                                                                                    That the report be adopted.

                                                                                                    Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party) Share this | | Hansard source

                                                                                                    I move:

                                                                                                    At the end of the motion, add:

                                                                                                    "but, in respect of the provisions of the Migration Amendment (Skilling Australians Fund) Bill 2017, and the Migration (Skilling Australians Fund) Charges Bill 2017, the Education and Employment Legislation Committee report by 9 February 2018."

                                                                                                    I hope the amendment has been circulated in the chamber, but if not I will just explain to senators what the amendment is. As usual, agreement has been reached on the vast majority of the selection of bills, reporting dates and referrals. But there was one exception for the opposition, which was in relation to the Migration Amendment (Skilling Australians Fund) Bill 2017 and the Migration (Skilling Australians Fund) Charges Bill 2017 and the referral date. My amendment is to refer it to the Education and Employment Legislation Committee with a reporting date of 9 February 2018.

                                                                                                    We think this is an entirely reasonable a position considering the extensive list of bills that the government has before the Senate already and the acknowledgement that we will be spending a large part of the second-last week of the Senate's sitting schedule dealing with the Marriage Amendment (Definition and Religious Freedoms) Bill 2017, which we started debating this morning. There is no shortage of legislation to deal with by the end of this year. We know that the bill itself is contested in terms of stakeholders raising concerns around some of the unintended consequences but also the lack of consultation. This bill was announced in April. If it really was that much of a priority for the government that it needed to be dealt with this year, they shouldn't have waited until September to introduce the bill. I hope that other senators support this amendment and refer those bills to the Education and Employment Legislation Committee with a reporting date of 9 February 2018.

                                                                                                    11:54 am

                                                                                                    Photo of Mitch FifieldMitch Fifield (Victoria, Liberal Party, Manager of Government Business in the Senate) Share this | | Hansard source

                                                                                                    I move the following amendment to Senator Gallagher's amendment:

                                                                                                    "in respect of the Migration Amendment (Skilling Australians Fund) Bill 2017 and the Migration (Skilling Australians Fund) Charges Bill 2017 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 4 December 2017."

                                                                                                    11:55 am

                                                                                                    Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

                                                                                                    I will indicate that this is news to me. I would have carriage of much of that bill. I have not been advised of this proposed change. In fact, I have been discussing this and have had calls from other ministers to try and deal with this. The minister should defer this or I will have to oppose it.

                                                                                                    11:56 am

                                                                                                    Photo of Mitch FifieldMitch Fifield (Victoria, Liberal Party, Manager of Government Business in the Senate) Share this | | Hansard source

                                                                                                    by leave—I'm advised that what we're talking about here refers to the immigration component as opposed to the education component. That's why this particular committee has been proposed.

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

                                                                                                    I indicate that we won't be supporting the government's amendment to the amendment, but we will be supporting Senator Gallagher's amendment.

                                                                                                    Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

                                                                                                    I will put the amendment moved by Senator Fifield to the amendment moved by Senator Gallagher to the Scrutiny of Bills Committee report. The question is that Senator Fifield's amendment be agreed to.

                                                                                                    The Senate divided. [12:01]

                                                                                                    Senator Polley did not vote, to compensate for the vacancy caused by the resgnation of Senator Nash.

                                                                                                    Senator Marshall did not vote, to compensate for the vacancy caused by the resignation of Senator Parry.

                                                                                                    12:03 pm

                                                                                                    Photo of Scott RyanScott Ryan (President, Special Minister of State) Share this | | Hansard source

                                                                                                    We now move to the motion moved by Senator Gallagher to amend the motion to adopt the Selection of Bills Committee report.

                                                                                                    Question agreed to.

                                                                                                    Original question, as amended, agreed to.