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Thursday, 3 September 2020
Page: 4899


Senator DEAN SMITH (Western AustraliaGovernment Whip in the Senate) (11:46): I present the eighth report of 2020 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 2020

1. The committee met in private session on Wednesday, 2 September 2020 at 7.30pm.

2. The committee recommends that—

   (a) contingent upon introduction in the House of Representatives, the provisionsof the Australia's Foreign Relations (State and Territory Arrangements) Bill 2020 and the Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 5 November 2020 (see appendix 1 for a statement of reasons for referral);

   (b) the provisionsof the Civil Aviation (Unmanned Aircraft Levy) Bill 2020 and the Civil Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020 be referred immediatelyto the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 4 November 2020 (see appendix 2 for a statement of reasons for referral);

   (c) the provisionsof the Clean Energy Finance Corporation Amendment (Grid Reliability Fund) Bill 2020 be referred immediatelyto the Environment and Communications Legislation Committee for inquiry and report by 4 November 2020 (see appendix 3 for a statement of reasons for referral);

   (d) the provisionsof the Crimes Legislation Amendment (Economic Disruption) Bill 2020 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 10 November 2020 (see appendix 4 for a statement of reasons for referral);

    (e) the provisionsof the National Commissioner for Defence and Veteran Suicide Prevention Bill 2020 and the National Commissioner for Defence and Veteran Suicide Prevention (Consequential Amendments) Bill 2020 be referred immediatelyto the Foreign Affairs, Defence and Trade Legislation Committee but was unable to reach agreement on a reporting date (see appendix 5 for a statement of reasons for referral);

   (f) the provisionsof the Radiocommunications Legislation Amendment (Reform and Modernisation) Bill 2020, the Radiocommunications (Receiver Licence Tax) Amendment Bill 2020, and the Radiocommunications (Transmitter Licence Tax) Amendment Bill 2020 be referred immediatelyto the Environment and Communications Legislation Committee for inquiry and report by 4 November 2020 (see appendix 6 for a statement of reasons for referral);

   (g) the provisionsof the Recycling and Waste Reduction Bill 2020, the Recycling and Waste Reduction (Consequential and Transitional Provisions) Bill 2020, the Recycling and Waste Reduction Charges (General) Bill 2020, the Recycling and Waste Reduction Charges (Customs) Bill 2020, and the Recycling and Waste Reduction Charges (Excise) Bill 2020 be referred immediatelyto the Environment and Communications Legislation Committee for inquiry and report by 30 September 2020 (see appendix 7 for a statement of reasons for referral); and

   (h) the Treasury Laws Amendment (Self Managed Superannuation Funds) Bill 2020 be referred immediatelyto the Economics Legislation Committee for inquiry and report by 4 November 2020 (see appendix 8 for a statement of reasons for referral).

3. The committee recommends that the following bills notbe referred to committees:

Family Law Amendment (Risk Screening Protections) Bill 2020

Franchising Laws Amendment (Fairness in Franchising) Bill 2020

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

Aged Care Legislation Amendment (Improved Home Care Payment Administration No. 1) Bill 2020

Air Services Amendment Bill 2018

Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020

Constitution Alteration (Freedom of Expression and Freedom of the Press) 2019

Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020

Customs Amendment (Safer Cladding) Bill 2019

Defence Legislation Amendment (Enhancement of Defence Force Response to Emergencies) Bill 2020

Discrimination Free Schools Bill 2018

Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) Bill 2020

Governor-General Amendment (Cessation of Allowances in the Public Interest) Bill 2019

Great Australian Bight Environment Protection Bill 2019

Health Insurance Amendment (Administration) Bill 2020

Higher Education Legislation Amendment (Provider Category Standards and Other Measures) Bill 2020

Interactive Gambling Amendment (Prohibition on Credit Card Use) Bill 2020

National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Bill 2020

Regional Forest Agreements Legislation (Repeal) Bill 2017

Social Services Legislation Amendment (Better Targeting Student Payments) Bill 2019

Social Services Legislation Amendment (Payment Integrity) Bill 2019

Sport Integrity Australia Amendment (World Anti-Doping Code Review) Bill 2020.

5. The committee considered the following bills but was unable to reach agreement:

Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 (see appendix 9 for a statement of reasons for referral)

Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Bill 2020. (see appendix 10 for a statement of reasons for referral).

(Dean Smith)

Chair

3 September 2020

Appendix 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: Australia's Foreign Relations (State and Territory Arrangements) Bill 2020

Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

DFAT

AGD

States and Territories

Committee to which bill is to be referred:

Legal and Constitutional

Possible hearing date(s):

Possible reporting date: 22 October

(signed)

Anne Ruston

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: Australia's Foreign Relations (State and Territory Arrangements) Bill 2020

Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020

Reasons for referral/principal issues for consideration:

The sort of powers that the Government is talking about to override arrangements that are counter to the national interest require careful examination to make sure it is both workable and consistent with the powers of the Parliament.

Concerns have already been raised by significant stakeholders, such as universities, particularly about lack of consultation.

Possible submissions or evidence from:

Department of Foreign Affairs and Trade

Attorney-General's Department

State and territory governments

Universities

Committee to which bill is to be referred:

Senate Foreign Affairs, Defence and Trade Legislation Committee

Possible hearing date(s):

Late September/ early October

Possible reporting date: 30 November 2020

(signed)    

Anne Urquhart

Appendix 2

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Civil Aviation (Unmanned Aircraft Levy) Bill 2020

Civil Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020

Reasons for referral/principal issues for consideration:

Industry participants have raised concerns about the lack of clarity on the level of fees to be set under the new arrangements

One of the major commercial users of RPAs in Australia has expressed concern the bill allows for a fee of up to $300 per drone. By comparison, they quote drone registration fees in Canada as being $5, the UK $16, and the USA $7.

If fees are set too high it will be a barrier to entry for small operators, a disincentive for small operators (eg farmers, photographers, surveyors) to register their RPA, and could see R&D currently conducted in Australia sent offshore.

A short senate inquiry would allow any issues related to fee structures to be aired before the legislation is passed.

Possible submissions or evidence from:

Wing

Australian Association for Unmanned Systems

NFF and other farmers groups

Committee to which bill is to be referred:

Senate Rural and Regional Affairs and Transport Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

4 November 2020

(signed)

Anne Urquhart

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: Civil Aviation (Unmanned Aircraft Levy) Bill 2020 [and] Civil Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Bill 2020

Reasons for referral/principal issues for consideration: Consideration of the level of consultation undertaken, appropriateness of levy thresholds, and use of delegated legislation.

Possible submissions or evidence from: Drone stakeholders and community organisations

Committee to which bill is to be referred: Rural and Regional Affairs and Transport

Possible hearing date(s): Hearing on the papers

Possible reporting date: 29 October 2020

(signed)

Rachel Siewert

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: Clean Energy Finance Corporation Amendment (Grid Reliability Fund) Bill 2020

Reasons for referral/principal issues for consideration:

Substantive and controversial change to the CEFC Act, including to financial operation of CEFC, what investments qualify as investments, and how allowable investments are determined.

Possible submissions or evidence from:

Clean Energy Council

Australian Energy Council

Smart Energy Council

Investor Group on Climate Change

Former CEFC CEO, Oliver Yates

Climate Council

Climate Works

Australian Conservation Foundation

Committee to which bill is to be referred: Senate Environment and Communications Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

4 November 2020.

(signed)

Anne Urquhart

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Clean Energy Finance Corporation Amendment (Grid Reliability Fund) Bill 2020

Reasons for referral/principal issues for consideration:

Seeking the views and intentions of the CEFC Board in fulfilling the legislation, acquire stakeholder views and understand the purpose of the amendments.

Possible submissions or evidence from:

Chair and CEO of CEFC, Department of Industry, Science, Energy & Resources, Clean Energy Council, Energy Networks Association, Tesla, Snowy Hydro, APPEA, APA Group, The Australia Institute, Climate Council, State based conservation councils.

Committee to which bill is to be referred:

Environment and Communications Legislation Committee

Possible hearing date(s):

24 September 30 October, 13 November

Possible reporting date:

7 December 2020

(signed)

Rachel Siewert

Appendix 4

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: Crimes Legislation Amendment (Economic Disruption) Bill 2020

Reasons for referral/principal issues for consideration:

Complex legislation including expansion of money laundering and proceeds of crime legislation. Govt has been slow to move on expanding money laundering legislation - this is an opportunity to demonstrate where they have no moved.

Possible submissions or evidence from:

Home Affairs; AUSTRAC; AFP; ACIC; Australian Strategic Policy Institute; Australian Banking Association; Office of the Australian Information Commissioner

Committee to which bill is to be referred:

Senate Legal & Constitutional Affairs Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

18 November 2020.

(signed)

Senator Anne Urquhart

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: Crimes Legislation Amendment (Economic Disruption) Bill 2020

Reasons for referral/principal issues for consideration: concerns regarding human rights and digital rights.

Possible submissions or evidence from: Human Rights Law Centre; Law Council of Australia; Civil Liberties Australia; Australian Lawyers Alliance; Digital Rights Watch, and Electronic Frontiers Australia.

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

Possible hearing date(s): 30 September-1 October 2020

Possible reporting date: 10 November 2020

(signed)

Rachel Siewert

Appendix 5

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: National Commissioner for Veteran Suicide Prevention Bill

Reasons for referral/principal issues for consideration: to allow for consideration of design of proposed National Commissioner, informed by the findings of the impending interim Commissioner, forthcoming government response to the Productivity Commission's A Better Way report, impacted stakeholder submissions and consultation.

Because the interim Commissioner (as announced February 5 2020) has yet to be appointed, the interim Commissioner's literature review, also announced in February, is also yet to commence. This review, consisting of a comprehensive review of known current and former ADF and Defence personnel suicides since 2001, as well as a progress update on the implementation of recommendations made in various reviews and reports since 2003, should be concluded to inform the design of the National commissioner's proposed functioning.

The expectation offered by the Government in February 2020 was that the interim Commissioner would produce an initial report back twelve months from commencement, with a final report due 18 months from commencement (or six months after the initial reporting date). As this has been delayed, it is reasonable to suggest that the work of the interim Commissioner should inform the consideration of the Senate committee, and such that the work of the interim Commissioner should be allowed to proceed without delay, and without undue haste. The 12-month timeline to produce an initial report should be honoured.

Possible submissions or evidence from:

Families, spouses of suicided Defence personnel.

Departments.

Academics.

Legal Experts.

Productivity Commission.

Ex-service organisations.

Veteran advocates.

Committee to which bill is to be referred:

FADT Legislative Committee

Possible hearing date(s):

Possible reporting date:

24 April 2021

(signed)

Senator Lambie

Appendix 6

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Radiocommunications Legislation Amendment (Reform and Modernisation) Bill 2020

Radiocommunications (Receiver Licence Tax) Amendment Bill 2020

Radiocommunications (Transmitter Licence Tax) Amendment Bill 2020

Reasons for referral/principal issues for consideration:

Scrutinise the intended operation of the bill on key issues

Assess substantiveness of some amendments

Understand why certain recommendations of Spectrum Review are not addressed in the package and when they will be addressed.

Possible submissions or evidence from:

On 27 August 2020 the Government introduced the bills in the House

On 31 August 2020 the Department published submissions on consultation on the Exposure Draft of legislation and a consultation outcomes document.

Stakeholders advise they are still considering the bills.

Committee to which bill is to be referred:

Senate Environment and Communications Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

4 November 2020

(signed)

Senator Anne Urquhart

Appendix 7

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Recycling & Waste Reduction Bill 2020

Recycling & Waste Reduction (Consequential and Transitional Provisions) Bill 2020

Recycling & Waste Reduction Charges (General) Bill 2020

Recycling & Waste Reduction Charges (Customs) Bill 2020

Recycling & Waste Reduction Charges (Excise) Bill 2020

Reasons for referral/principal issues for consideration: This package of Bills may see significant reform to waste management and have significant environmental implications.

Possible submissions or evidence from: Recycling industry stakeholders (representing over 60,000 workers), NGOs, packaging and retail industry stakeholders.

Committee to which bill is to be referred: Environment and Communications Committee

Possible hearing date(s): September

Possible reporting date: 30 September 2020

(signed)

Rachel Siewert

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Recycling & Waste Reduction Bill 2020

Recycling & Waste Reduction (Consequential and Transitional Provisions) Bill 2020

Recycling & Waste Reduction Charges (General) Bill 2020

Recycling & Waste Reduction Charges (Customs) Bill 2020

Recycling & Waste Reduction Charges (Excise) Bill 2020

Reasons for referral/principal issues for consideration: These bills introduce significant changes to the regulatory framework for the export of waste materials and it will be important to ensure that the measures included are appropriate.

Possible submissions or evidence from: National Waste & Recycling Industry Council, Australian Council of Recycling, Waste Management & Resource Recovery Association, Boomerang Alliance and the Law Council of Australia.

Committee to which bill is to be referred: Senate Environment and Communications Legislation Committee

Possible hearing date(s): To be determined by the committee

Possible reporting date: 30 September 2020

(signed)

Senator Anne Urquhart

Appendix 8

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Treasury Laws Amendment (Self Managed Superannuation) Bill 2020

Reasons for referral/principal issues for consideration:

Merits of extending SMSFs to cover six people, issues in SMSF administration arising from larger coverage, operation of SMSFs, prudential matters relating to SMSFs with multiple members, tax implications of larger SMSFs, consumer matters relating to SMSF advice, retirement income impacts of SMSF expansion

Possible submissions or evidence from:

SMSF Association, Financial Services Council, Financial Planning Association of Australia, Association of Financial Advisers, Australian Banking Association, CPA Australia, CA ANZ, Institute of Public Accountants Australia, Prof Deborah Ralston, Prof Susan Thorp, Treasury, ASIC, ATO, APRA, Tax Justice Network, Productivity Commission, Super Consumers Australia

Committee to which bill is to be referred:

Senate Economics Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

4 November 2020

(signed)

Senator Anne Urquhart

Appendix 9

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: Environment Protection and Biodiversity Conservation Act Amendment (Streamlining Environmental Approvals) Bill 2020

Reasons for referral/principal issues for consideration:

Impact of the bill on the environment

Relationship with the Samuel Review

Possible submissions or evidence from:

Committee to which bill is to be referred:

Senate Environment and Communications Legislation Committee

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

11 November 2020

(signed)

Senator Anne Urquhart

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill: Environment Protection and Biodiversity Conservation amendment (Streamlining Environmental Approvals)

Reasons for referral/principal issues for consideration:

This bill would make changes to important environmental approvals processes. It would amend the EPBC Act which is currently the subject of an independent review and the Senate should understand the full recommendations of the independent review before considering this legislation.

Possible submissions or evidence from:

Committee to which bill is to be referred: Environment and Communications Legislation Committee

Possible hearing date(s):

Possible reporting date: 11th November

(signed)

Rachel Siewert

Appendix 10

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Higher Education Support Amendment (Job Ready Graduates and Supporting Regional and Remote Students) Bill 2020

Reasons for referral/principal issues for consideration:

The Bill seeks to fundamentally reform university funding; student fees; student protection and institutional audit measures.

The legislation fails to address aspects of the Government's proposed reforms that have a significant bearing on the university purpose and operations.

There has been significant public and expert criticism of the Bill on a range of matters - including the underlying assumptions, the evidence base, unintended consequences and perverse incentives.

Key stake holders have expressed the need for a comprehensive inquiry given the extent and complexity of the reforms proposed and the lack of consultation to date.

Possible submissions or evidence from:

Group of Eight

Universities Australia

Australian Technology Network

Innovation Research Universities

Regional Universities Network

individual Universities

National Union of Students

Professional Associations

Deans of Science; Deans of Education; Australiasian Council of Deans of Arts, Social Sciences and Humanities

NTEU, PSA

Policy experts and academics

Committee to which bill is to be referred:

Senate Education and Employment Legislation Committee

Possible hearing date(s):

September - November

Possible reporting date:

30 November 2020

(signed)

Anne Urquhart

Whip/Selection of Bills Committee member

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Bill 2020

Reasons for referral/principal issues for consideration:

To provide tertiary education providers, students, relevant unions, and other interested parties in the sector an opportunity to give feedback on the bill and comment on its likely impact on education providers and students.

To consider the likely effectiveness of the bill in achieving its stated outcomes and its impact on tertiary education providers and students.

Possible submissions or evidence from:

Individual Australian universities

Individual TAFEs and Government-owned providers, registered training organisations and non-university higher education providers

National Union of Students

National Tertiary Education Union

CAPA

Universities Australia

Group of 8

Regional Universities Network

Innovative Research Universities

TAFE Directors Australia

Independent Tertiary Education Council Australia

TEQSA

DESE

Committee to which bill is to be referred:

Senate Education and Employment Legislation Committee

Possible hearing date(s): no preference - depends on committee schedule

Possible reporting date:

30 November 2020

(signed)

Rachel Siewert

Senator DEAN SMITH: I move:

That the report be adopted.