SELECTION OF BILLS COMMITTEE

REPORT NO. 2 OF 2005

1.   The committee met in private session from 4.20 pm.

2.   The committee resolved to recommend—That— (a)   the provisions of the Border Protection Legislation Amendment (Deterrence of Illegal Foreign Fishing) Bill 2005 be referred immediately to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 10 May 2005 (see appendices 1 and 2 for statement of reasons for referral); (b)   the provisions of the Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 be referred immediately to the Employment, Workplace Relations and Education Legislation Committee for inquiry and report by 16 March 2005 (see appendix 3 for statement of reasons for referral); (c)   the Tax Laws Amendment (2005 Measures No. 1) Bill 2005 be referred immediately to the Economics Legislation Committee for inquiry and report by 10 May 2005 (see appendix 4 for statement of reasons for referral); and (d)   the provisions of the Trade Practices Legislation Amendment Bill (No. 1) 2005 to be referred immediately to the Economics Legislation Committee for inquiry and report by 15 March 2005 (see appendix 5 for statement of reasons for referral).

(a)   the provisions of the Border Protection Legislation Amendment (Deterrence of Illegal Foreign Fishing) Bill 2005 be referred immediately to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 10 May 2005 (see appendices 1 and 2 for statement of reasons for referral);

(b)   the provisions of the Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005 be referred immediately to the Employment, Workplace Relations and Education Legislation Committee for inquiry and report by 16 March 2005 (see appendix 3 for statement of reasons for referral);

(c)   the Tax Laws Amendment (2005 Measures No. 1) Bill 2005 be referred immediately to the Economics Legislation Committee for inquiry and report by 10 May 2005 (see appendix 4 for statement of reasons for referral); and

(d)   the provisions of the Trade Practices Legislation Amendment Bill (No. 1) 2005 to be referred immediately to the Economics Legislation Committee for inquiry and report by 15 March 2005 (see appendix 5 for statement of reasons for referral).

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

• Agricultural and Veterinary Chemicals Legislation Amendment (Levy and Fees) Bill 2005
• Australian Institute of Marine Science Amendment Bill 2005
• Family and Community Services and Veterans’ Affairs Legislation Amendment (Further 2004 Election Commitments and Other Measures) Bill 2005
• Farm Household Support Amendment Bill 2005
• Medical Indemnity Legislation Amendment Bill 2005
• Workplace Relations Amendment (Extended Prohibition of Compulsory Union Fees) Bill 2005.

The committee recommends accordingly.

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

Bill deferred from meeting of 8 February 2005

• Trade Practices Amendment (Personal Injuries and Death) Bill 2004.

(Jeannie Ferris)

Chair

9 March 2005

Appendix 1

Proposal to refer a bill to a committee

Name of bill(s):

Border Protection Legislation Amendment (Deterrence of Illegal Foreign Fishing) Bill 2005

Reasons for referral/principal issues for consideration

Included in the legislation is a provision to allow the minister to grant some of the powers of fisheries officers and migration officers to contractors and their employees. These powers include the ability to search, even strip search a suspect, and to confiscate property. In the past in this portfolio area, Labor has insisted that such powers only go to officers of the Commonwealth or a state

Possible submissions or evidence from:

Department of Agriculture, Fisheries and Forestry, Department of Immigration and Multicultural and Indigenous Affairs. CPSU

Committee to which bill is referred:

Rural and Regional Affairs and Transport Legislation Committee

Possible hearing date: as soon as possible

Possible reporting date(s): 10 May 2005

Appendix 2

Proposal to refer a bill to a committee

Name of bill(s):

Border Protection Legislation Amendment (Deterrence of Illegal Foreign Fishing) Bill 2005

Reasons for referral/principal issues for consideration

Appropriateness of the detention regime, including possible length of imprisonment

Accountability mechanisms for behaviour of contractors and employees of AFMA and DIMIA involved in detention and personal searches

Possible submissions or evidence from:

Law Council, Department of Immigration and Multicultural and Indigenous Affairs, Australian Fisheries Management Authority

Committee to which bill is referred:

Legal and Constitutional Legislation Committee (may be more appropriate for the legal power on search and detention.

Possible hearing date: as soon as possible

Possible reporting date(s): 10 May 2005

Appendix 3

Proposal to refer a bill to a committee

Name of bill(s):

Higher Education Legislation Amendment (2005 Measures No. 1) Bill 2005

Reasons for referral/principal issues for consideration

Basis for proposal to give Table B providers access to Capital Development Pool and possibility for this to be used as precedent for later decisions to spread finite funding more thinly

Possible submissions or evidence from:

Australian Vice Chancellors Committee, Group-of-Eight Universities, National Tertiary Education Union, National Union of Students, DEST

Committee to which bill is referred:

Employment, Workplace Relations and Education Legislation Committee

Possible hearing date: If 16 March 2005 report—none.

Possible reporting date(s): 16 March 2005

Appendix 4

Proposal to refer a bill to a committee

Name of bill(s):

Tax Laws Amendment (2005 Measures No. 1) Bill 2005

Reasons for referral/principal issues for consideration

Schedule 3: Supply of rights or options offshore. This is a complex schedule that requires detailed investigation eg. Foreign contracts provisions

Schedule 4: Mature age worker tax offset.

• Clarification on costings

Possible submissions or evidence from:

Schedule 3: Mark Tofft, Deloitte and Treasury. Schedule 4: Treasury

Committee to which bill is referred:

Economics Legislation Committee

Possible hearing date:

Possible reporting date(s): 10 May 2005

Appendix 5

Proposal to refer a bill to a committee

Name of bill(s):

Trade Practices Legislation Amendment Bill (No. 1) 2005

Reasons for referral/principal issues for consideration

To investigate deficiencies on the merger authorisation proposal in schedule 1 and consider alternative merger authorisation models

Possible submissions or evidence from:

ACCC, Treasury

Committee to which bill is referred:

Economics Legislation Committee

Possible hearing date: 14 March 2005

Possible reporting date(s): 15 March 2005