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Wednesday, 16 March 2005
Page: 96


Senator FERRIS (3:44 PM) —I present the third report for 2005 of the Selection of Bills Committee.

Ordered that the report be adopted.


Senator FERRIS —I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows

SELECTION OF BILLS COMMITTEE

REPORT NO. 3 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 Building and Construction Industry Improvement Bill 2005 and the Building and Construction Industry Improvement (Consequential and Transitional) Bill 2005 to be referred immediately to the Employment, Workplace Relations and Education Legislation Committee for inquiry and report by 10 May 2005 (see appendix 1 for statement of reasons for referral); (b)   the provisions of the Criminal Code Amendment (Suicide Related Material Offences) Bill 2005 to be referred immediately to the Legal and Constitutional Legislation Committee for inquiry and report by 10 May 2005 (see appendix 2 for statement of reasons for referral); (c)   the provisions of the Migration Litigation Reform Bill 2005 to be referred immediately to the Legal and Constitutional Legislation Committee for inquiry and report by 11 May 2005 (see appendix 3 for statement of reasons for referral); (d)   the provisions of the National Security Information Legislation Amendment Bill 2005 to be referred immediately to the Legal and Constitutional Legislation Committee for inquiry and report by 11 May 2005 (see appendix 4 for statement of reasons for referral); (e)   the provisions of the Occupational Health and Safety (Commonwealth Employment) Amendment (Promoting Safer Workplaces) Bill 2005 to be referred immediately to the Employment, Workplace Relations and Education Legislation Committee for inquiry and report by 10 May 2005 (see appendix 5 for statement of reasons for referral); and

(a)   the provisions of the Building and Construction Industry Improvement Bill 2005 and the Building and Construction Industry Improvement (Consequential and Transitional) Bill 2005 to be referred immediately to the Employment, Workplace Relations and Education Legislation Committee for inquiry and report by 10 May 2005 (see appendix 1 for statement of reasons for referral);

(b)   the provisions of the Criminal Code Amendment (Suicide Related Material Offences) Bill 2005 to be referred immediately to the Legal and Constitutional Legislation Committee for inquiry and report by 10 May 2005 (see appendix 2 for statement of reasons for referral);

(c)   the provisions of the Migration Litigation Reform Bill 2005 to be referred immediately to the Legal and Constitutional Legislation Committee for inquiry and report by 11 May 2005 (see appendix 3 for statement of reasons for referral);

(d)   the provisions of the National Security Information Legislation Amendment Bill 2005 to be referred immediately to the Legal and Constitutional Legislation Committee for inquiry and report by 11 May 2005 (see appendix 4 for statement of reasons for referral);

(e)   the provisions of the Occupational Health and Safety (Commonwealth Employment) Amendment (Promoting Safer Workplaces) Bill 2005 to be referred immediately to the Employment, Workplace Relations and Education Legislation Committee for inquiry and report by 10 May 2005 (see appendix 5 for statement of reasons for referral); and

(f)   the provisions of the Telecommunications Legislation Amendment (Regular Reviews and Other Measures) Bill 2005 to be referred immediately to the Environment, Communications, Information Technology and the Arts Legislation Committee for inquiry and report by 11 May 2005 (see appendix 6 for statement of reasons for referral). 3.     The committee resolved to recommend—That the following bills not be referred to committees:

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

  • Customs Tariff Amendment Bill (No. 1) 2005
  • Higher Education Legislation Amendment (2005 Measures No. 2) Bill 2005
  • Payment Systems (Regulation) Amendment Bill 2005
  • Primary Industries (Excise) Levies Amendment (Rice) Bill 2005
  • Workplace Relations Amendment (Better Bargaining) 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

16 March 2005

Appendix 1

Proposal to refer a bill to a committee

Name of bill(s):

Building and Construction Industry Improvement Bill 2005 and the Building and Construction Industry Improvement (Consequential and Transitional) Bill 2005

Reasons for referral/principal issues for consideration

The bill introduces retrospective penalties for unions and employees. To investigate any adverse consequences.

Possible submissions or evidence from:

Employer organisations, unions, state/territory governments

Committee to which bill is referred:

Environment, Communications Information Technology and the Arts Legislation Committee

Possible hearing date: April/May 2005

Possible reporting date(s): 10 May 2005


Appendix 2

Proposal to refer a bill to a committee

Name of bill(s):

Criminal Code Amendment (Suicide Related Material Offences) Bill 2005

Reasons for referral/principal issues for consideration

Referred 5 August 2004. Dissolved on prorogation of 40th Parliament

The bill will insert new offences into the Criminal Code dealing with the use of a carriage service, including the internet, to access, transmit or otherwise make available suicide related material, and possession, production, supplying or obtaining suicide related material for use through a carriage service

Possible submissions or evidence from:

Various interested parties.

Committee to which bill is referred:

Legal and Constitutional Legislation Committee

Possible hearing date:

Possible reporting date(s): May 2005


Appendix 3

Proposal to refer a bill to a committee

Name of bill(s):

Migration Litigation Reform Bill 2005

Reasons for referral/principal issues for consideration

Costs against lawyers and voluntary organisations, summary decisions, constitutionality of privative clauses and time limits.

Possible submissions or evidence from:

Lawyers, refugee groups.

Committee to which bill is referred:

Legal and Constitutional Legislation Committee

Possible hearing date:

Possible reporting date(s): 11 May 2005


Appendix 4

Proposal to refer a bill to a committee

Name of bill(s):

National Security Information Legislation Amendment Bill 2005

Reasons for referral/principal issues for consideration

Unresolved issues as to the stay provisions in the bill and how these would work in civil proceedings.

To examine the mechanisms available in civil proceedings to ensure that the parties to the proceedings receive a fair hearing in circumstances I which national security information is being considered.

Possible submissions or evidence from:

Lawyer groups

Committee to which bill is referred:

Legal and Constitutional Legislation Committee

Possible hearing date:

Possible reporting date(s): 11 May 2005


Appendix 5

Proposal to refer a bill to a committee

Name of bill(s):

Occupational Health and Safety (Commonwealth Employment) Amendment (Promoting Safer Workplaces) Bill 2005

Reasons for referral/principal issues for consideration

The bill overturns the ability of state and territory governments to legislate in the OH&S of workplaces and to consider the implications.

Possible submissions or evidence from:

State and territory governments, employer and employee groups

Committee to which bill is referred:

Employment, Workplace Relations, and Education Legislation Committee

Possible hearing date: April/May 2005

Possible reporting date(s): 10 May 2005


Appendix 6

Proposal to refer a bill to a committee

Name of bill(s):

Telecommunications Legislation Amendment (Regular Reviews and Other Measures) Bill 2005

Reasons for referral/principal issues for consideration

To explore the adequacy of the bills so called “future proofing” proposals.

To determine whether they are consistent with the recommendations of the Estens Inquiry

Possible submissions or evidence from:

National Farmers Federation, Telstra, Australian Communications Authority

Committee to which bill is referred:

Environment, Communications, Information Technology and the Arts Legislation Committee

Possible hearing date:

Possible reporting date(s): 11 May 2005