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Thursday, 29 October 2009
Page: 7647


Senator McEWEN (3:27 PM) —At the request of Senator O’Brien, I present the 16th report of 2009 of the Selection of Bills Committee.

Ordered that the report be adopted.


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

Leave granted.

The report read as follows

SELECTION OF BILLS COMMITTEE

REPORT NO. 16 OF 2009

1.   The committee met in private session on Wednesday, 28 October 2009 at 7.16 pm.

2.   The committee resolved to recommend—That— (a)   the provisions of the Bankruptcy Legislation Amendment Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 2 February 2010 (see appendix 1 for a statement of reasons for referral); (b)   the provisions of the Fair Work Amendment (State Referrals and Other Measures) Bill 2009 be referred immediately to the Education, Employment and Workplace Relations Legislation Committee for inquiry and report by 16 November 2009 (see appendix 2 for a statement of reasons for referral); (c)   the provisions of the Native Title Amendment Bill (No. 2) 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 2 February 2010 (see appendix 3 for a statement of reasons for referral); (d)   the provisions of the Personal Property Securities (Consequential Amendments) Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 16 November 2009 (see appendix 4 for a statement of reasons for referral); and

(a)   the provisions of the Bankruptcy Legislation Amendment Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 2 February 2010 (see appendix 1 for a statement of reasons for referral);

(b)   the provisions of the Fair Work Amendment (State Referrals and Other Measures) Bill 2009 be referred immediately to the Education, Employment and Workplace Relations Legislation Committee for inquiry and report by 16 November 2009 (see appendix 2 for a statement of reasons for referral);

(c)   the provisions of the Native Title Amendment Bill (No. 2) 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 2 February 2010 (see appendix 3 for a statement of reasons for referral);

(d)   the provisions of the Personal Property Securities (Consequential Amendments) Bill 2009 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 16 November 2009 (see appendix 4 for a statement of reasons for referral); and

(e)   the provisions of the Tax Laws Amendment (2009 Budget Measures No. 2) Bill 2009 and the Income Tax (TFN Withholding Tax (ESS)) Bill 2009 be referred immediately to the Economics Legislation Committee for inquiry and report by 16 November 2009 (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:

  • Australian Climate Change Regulatory Authority Bill 2009 [No. 2]
  • Carbon Pollution Reduction Scheme (Charges—Customs) Bill 2009 [No. 2]
  • Carbon Pollution Reduction Scheme (Charges—Excise) Bill 2009 [No. 2]
  • Carbon Pollution Reduction Scheme (Charges—General) Bill 2009 [No. 2]
  • Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 [No. 2]
  • Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments) Bill 2009 [No. 2]
  • Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Bill 2009 [No. 2]
  • Carbon Pollution Reduction Scheme Amendment (Household Assistance) Bill 2009 [No. 2]
  • Carbon Pollution Reduction Scheme Bill 2009 [No. 2]
  • Customs Tariff Amendment (Carbon Pollution Reduction Scheme) Bill 2009 [No. 2]
  • Customs Tariff Amendment (Incorporation of Proposals) Bill 2009
  • Excise Tariff Amendment (Carbon Pollution Reduction Scheme) Bill 2009 [No. 2]
  • Health Insurance Amendment (New Zealand Overseas Trained Doctors) Bill 2009
  • Health Insurance Amendment (Revival of Table Items) Bill 2009
  • Safety, Rehabilitation and Compensation Amendment Bill 2009
  • Statute Law Revision Bill 2009.

The committee recommends accordingly.

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

  • Britt Lapthorne Bill 2009
  • Keeping Jobs from Going Offshore (Protection of Personal Information) Bill 2009
  • Plain Tobacco Packaging (Removing Branding from Cigarette Packs) Bill 2009
  • Protecting Problem Gamblers Bill 2009.

(Kerry O’Brien)

Chair

29 October 2009


APPENDIX 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Bankruptcy Legislation Amendment Bill 2009

Reasons for referral/principal issues for consideration:

  • To consider:
  • The potential effects on business of the proposed increase in the bankruptcy threshold and the extension of the stay period;
  • The practical effect of the amendments on the effectiveness of debt agreements;
  • The effect of the amendments on the operations and resources of Insolvency and Trustee Services Australia (ITSA);

Possible submissions or evidence from:

Trustee Corporations Association of Australia ITSA

Insolvency Practitioners Association of Australia COSBOA

Banks, Credit Unions and Financial Institutions

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

Throughout summer sitting break.

Possible reporting date:

2 February 2010

Whip/ Selection of Bills Committee member

(signed)

Stephen Parry


APPENDIX 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

The provisions of ‘Fair Work

Fair Work Amendment (State Referrals And Other Measures) Bill 2009

Reasons for referral/principal issues for consideration:

Committee consideration of the Technical aspects of the Bill

Possible submissions or evidence from:

SA govt, ACCI, AIG, ACTU

Committee to which bill is to be referred:

Education Employment and Workplace Relations Legislation Committee

Possible hearing date(s):

Possible reporting date:

16 November 2009

Whip/ Selection of Bills Committee member

(signed)

Kerry O’Brien


APPENDIX 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Native Title Amendment Bill (No.2) 2009

Reasons for referral/principal issues for consideration:

Substantial concerns were voiced in response to the discussion paper that these changes substantially erode Native Title rights

Possible submissions or evidence from:

NNTC, Land Councils, NTRBs, NNTT, CAEPR ... and others

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

Possible reporting date:

2 February 2010

Whip/ Selection of Bills Committee member

(signed)

Rachel Siewert


APPENDIX 4

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Personal Property Securities (Consequential Amendments) Bill 2009

Reasons for referral/principal issues for consideration:

Significant reforms to state, territory and federal legislation

Possible submissions or evidence from:

Attorney-General’s Department

The Institute for Factors and Discounters of Australia and New Zealand

Australian Bankers Association

Australian Finance Conference

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

Weeks of either 2 November or 9 November

Possible reporting date:

16 November 2009

Whip/ Selection of Bills Committee member

(signed)

Stephen Parry


APPENDIX 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Tax Laws Amendment (2009 Budget Measures No. 2) Bill 2009

Income Tax (TEN Withholding Tax (ESS)) Bill 2009

(introduced in the House of Representatives 21 October 2009)

Reasons for referral/principal issues for consideration:

After introduction in the Reps a briefing was given to the Opposition and they have indicated they would like one measure of this bill referred to Economics Committee to ensure constituency views are considered prior to debate in the Senate.

The Government is supportive of the Opposition’s request and both Government and Opposition have agreed that only Schedule 2 - the Non-Commercial losses measure of this Bill be referred to committee, Schedule 1 - Employee Share scheme and Schedule 3 - Lost Super measures need not be referred. Schedule 1 has already been extensively examined by the Senate Economics References Committee which gave its report on 17 August 2009 and schedule 3 is not seen as contentious in any way.

Possible submissions or evidence from:

Treasury, ACTU and NFF (National Farmers Federation)

Committee to which bill is to be referred:

Senate Economics Committee

Possible hearing date(s):

Possible reporting date:

16 November 2009

Whip/ Selection of Bills Committee member

(signed)

Kerry O’Brien