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8          Selection of Bills—Standing Committee—Report no. 13 of 2021

The Chair of the Selection of Bills Committee (Senator Dean Smith) tabled the following report:

SELECTION OF BILLS COMMITTEE

REPORT NO. 13 of 2021

1.     The committee met in private session on Wednesday, 24 November 2021 at 7.20 pm.

2.    The committee recommends that—

(a)                   the provisions of the Financial Accountability Regime Bill 2021, the Financial Sector Reform (Hayne Royal Commission Response No. 3) Bill 2021, the Financial Services Compensation Scheme of Last Resort Levy Bill 2021 and the Financial Services Compensation Scheme of Last Resort Levy (Collection) Bill 2021 be referred immediately to the Economics Legislation Committee for inquiry and report by 15 February 2022;

(b)                  the provisions of the Migration Amendment (Protecting Migrant Workers) Bill 2021 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 15 February 2022;

(c)                   the provisions of the Migration Amendment (Strengthening the Character Test) Bill 2021 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 28 January 2022; and

(d)                  the Statute Law Amendment (Prescribed Forms) Bill 2021 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 11 February 2022.

3.    The committee recommends that the following bills not be referred to committees:

Electoral Legislation Amendment (Assurance of Senate Counting) Bill 2021

Electoral Legislation Amendment (Contingency Measures) Bill 2021

National Redress Scheme for Institutional Child Sexual Abuse Amendment (Funders of Last Resort and Other Measures) Bill 2021

Offshore Electricity Infrastructure (Consequential Amendments) Bill 2021

Public Governance, Performance and Accountability Amendment (Improved Grants Reporting) Bill 2021

Treasury Laws Amendment (Enhancing Superannuation Outcomes For Australians and Helping Australian Businesses Invest) Bill 2021.

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

Aged Care Amendment (Registered Nurses Ensuring Quality Care) Bill 2021

Air Services Amendment Bill 2018

Australian Federal Integrity Commission Bill 2021

Animal Health Australia and Plant Health Australia Funding Legislation Amendment Bill 2021

Biosecurity Amendment (No Crime to Return Home) Bill 2021

Corporate Collective Investment Vehicle Framework and Other Measures Bill 2021

COVID-19 Vaccination Status (Prevention of Discrimination) Bill 2021

Customs Amendment (Controlled Trials) Bill 2021

Customs Legislation Amendment (Commercial Greyhound Export and Import Prohibition) Bill 2021

Discrimination Free Schools Bill 2018

Electoral Legislation Amendment (Annual Disclosure Equality) Bill 2021

Electoral Legislation Amendment (Candidate Eligibility) Bill 2021

Electoral Legislation Amendment (Voter Integrity) Bill 2021

Electric Vehicles Accountability Bill 2021

Fair Work Amendment (Improving Paid Parental Leave for Parents of Stillborn Babies) Bill 2021

Federal Environment Watchdog Bill 2021

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

Great Australian Bight Environment Protection Bill 2019

Health Insurance Amendment (Enhancing the Bonded Medical Program and Other Measures) Bill 2021

Health Insurance Legislation Amendment (Transparent Patient Outcomes) Bill 2021

Health Legislation Amendment (Medicare Compliance and Other Measures) Bill 2021

Human Rights Legislation Amendment Bill 2021

Human Rights (Targeted Sanctions) Bill 2021

International Human Rights and Corruption (Magnitsky Sanctions) Bill 2021

Migration Amendment (New Maritime Crew Visas) Bill 2020

Migration Amendment (Temporary Visa Extension and Reinstatements) Bill 2021

National Health Amendment (Enhancing the Pharmaceutical Benefits Scheme) Bill 2021

National Health Amendment (Pharmaceutical Benefits Transparency and Cost Recovery) Bill 2021

National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Bill 2021

Ransomware Payments Bill 2021 (No. 2)

Regional Forest Agreements Legislation (Repeal) Bill 2017

Religious Discrimination Bill 2021

Religious Discrimination (Consequential Amendments) Bill 2021

Snowy Hydro Corporatisation Amendment (No New Fossil Fuels) Bill 2021

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

Social Services Legislation Amendment (Payment Integrity) Bill 2019

Spam Amendment (Unsolicited Political Communications) Bill 2021

Veterans’ Affairs Legislation Amendment (Exempting Disability Payments from Income Testing and Other Measures) Bill 2021.

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

Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021

Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021.

Dean Smith

Chair

25 November 2021.

Senator Dean Smith moved—That the report be adopted.

The Minister for Families and Social Services (Senator Ruston) moved the following amendments together by leave:

No. 1—At the end of the motion, add “and, in respect of the Religious Discrimination Bill 2021, the Religious Discrimination (Consequential Amendments) Bill 2021 and the Human Rights Legislation Amendment Bill 2021, the provisions of the bills be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 1 February 2022”.

No. 2—At the end of the motion, add “and the Autonomous Sanctions Amendment (Thematic Sanctions) Bill 2021 not be referred to a committee”.

The question was divided at the request of Senator McKim.

Debate ensued.

Senator McKim moved the following amendment to Senator Ruston’s proposed amendment no. 1:

Omit “1 February 2022’, substitute “21 March 2022”.

Debate ensued.

The Leader of the Opposition in the Senate (Senator Wong) moved the following amendment to Senator McKim’s proposed amendment:

Omit “21 March 2022”, substitute “15 February 2022”.

Question—That Senator Wong’s amendment to Senator McKim’s amendment be agreed to—put.

The Senate divided—

AYES, 25

Senators—

Ayres

Griff

McAllister

Smith, Marielle

Carr

Grogan

McKim

Thorpe

Ciccone

Hanson-Young

O’Neill

Urquhart*

Cox

Kitching

Patrick

Walsh

Farrell

Lambie

Rice

Waters

Faruqi

Lines

Sheldon

Wong

Gallagher

 

 

 

 

NOES, 25

Senators—

Abetz

Chandler

Hughes

Reynolds

Askew

Colbeck

Hume

Ruston

Birmingham

Davey

McGrath*

Seselja

Bragg

Duniam

McKenzie

Smith, Dean

Brockman

Fawcett

O’Sullivan

Stoker

Canavan

Henderson

Paterson

Van

Cash

 

 

 

* Tellers

The ayes and noes were equal and so the question was negatived.

Question—That Senator McKim’s amendment to Senator Ruston’s amendment no. 1 be agreed to—put.

The Senate divided—

AYES, 23

Senators—

Ayres

Gallagher

McKim

Thorpe

Carr

Grogan

O’Neill

Urquhart*

Ciccone

Hanson-Young

Patrick

Walsh

Cox

Kitching

Rice

Waters

Farrell

Lines

Sheldon

Wong

Faruqi

McAllister

Smith, Marielle

 

 

NOES, 27

Senators—

Abetz

Chandler

Hughes

Reynolds

Askew

Colbeck

Hume

Ruston

Birmingham

Davey

Lambie

Seselja

Bragg

Duniam

McGrath*

Smith, Dean

Brockman

Fawcett

McKenzie

Stoker

Canavan

Griff

O’Sullivan

Van

Cash

Henderson

Paterson

 

* Tellers

Question negatived.

Question—That Senator Ruston’s amendment no. 1 be agreed to—put.

The Senate divided—

AYES, 25

Senators—

Abetz

Chandler

Hughes

Reynolds

Askew

Colbeck

Hume

Ruston

Birmingham

Davey

McGrath*

Seselja

Bragg

Duniam

McKenzie

Smith, Dean

Brockman

Fawcett

O’Sullivan

Stoker

Canavan

Henderson

Paterson

Van

Cash

 

 

 

 

NOES, 25

Senators—

Ayres

Griff

McAllister

Smith, Marielle

Carr

Grogan

McKim

Thorpe

Ciccone

Hanson-Young

O’Neill

Urquhart*

Cox

Kitching

Patrick

Walsh

Farrell

Lambie

Rice

Waters

Faruqi

Lines

Sheldon

Wong

Gallagher

 

 

 

* Tellers

The ayes and noes were equal and so the question was negatived.

Question—That Senator Ruston’s amendment no. 2 be agreed to—put and passed.

Senator Gallagher moved the following amendment:

At the end of the motion, add “and, in respect of the Corporations Amendment (Improving Outcomes for Litigation Funding Participants) Bill 2021, the provisions of the bill be referred immediately to the Economics Legislation Committee for inquiry and report by 24 March 2022”.

Question put.

The Senate divided—

AYES, 24

Senators—

Ayres

Gallagher

Lines

Sheldon

Carr

Griff

McAllister

Smith, Marielle

Ciccone

Grogan

McKim

Thorpe

Cox

Hanson-Young

O’Neill

Urquhart*

Farrell

Keneally

Patrick

Waters

Faruqi

Kitching

Rice

Wong

 

NOES, 26

Senators—

Abetz

Chandler

Hume

Reynolds

Askew

Colbeck

Lambie

Ruston

Birmingham

Davey

McGrath*

Seselja

Bragg

Duniam

McKenzie

Smith, Dean

Brockman

Fawcett

O’Sullivan

Stoker

Canavan

Henderson

Paterson

Van

Cash

Hughes

 

 

* Tellers

Question negatived.

0780f6d0-dba4-43f6-8897-bf0cdfebf7d7 The Assistant Minister for Forestry and Fisheries (Senator Duniam), at the request of the Leader of Pauline Hanson’s One Nation (Senator Hanson), moved the following amendment:

At the end of the motion, add “and, in respect of the COVID-19 Vaccination Status (Prevention of Discrimination) Bill 2021, the bill be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 1 February 2022”.

Question put.

The Senate divided—

AYES, 26

Senators—

Abetz

Chandler

Hughes

Reynolds

Askew

Colbeck

Hume

Ruston

Birmingham

Davey

McGrath*

Seselja

Bragg

Duniam

McKenzie

Smith, Dean

Brockman

Fawcett

O’Sullivan

Stoker

Canavan

Fierravanti-Wells

Paterson

Van

Cash

Henderson

 

 

 

NOES, 26

Senators—

Ayres

Griff

McAllister

Smith, Marielle

Carr

Grogan

McKim

Thorpe

Ciccone

Hanson-Young

O’Neill

Urquhart*

Cox

Keneally

Patrick

Walsh

Farrell

Kitching

Rice

Waters

Faruqi

Lambie

Sheldon

Wong

Gallagher

Lines

 

 

* Tellers

The ayes and noes were equal and so the question was negatived.

Senator Lambie moved the following amendment:

At the end of the motion, add “and, in respect of the Electoral Legislation Amendment (Political Campaigners) Bill 2021, the bill be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 7 February 2022”.

Question put.

The Senate divided—

AYES, 25

Senators—

Ayres

Griff

Lines

Smith, Marielle

Carr

Grogan

McAllister

Thorpe

Ciccone

Hanson-Young

McKim

Urquhart*

Cox

Keneally

O’Neill

Walsh

Farrell

Kitching

Rice

Waters

Faruqi

Lambie

Sheldon

Wong

Gallagher

 

 

 

 

NOES, 26

Senators—

Abetz

Chandler

Hughes

Reynolds

Askew

Colbeck

Hume

Ruston

Birmingham

Davey

McGrath*

Seselja

Bragg

Duniam

McKenzie

Smith, Dean

Brockman

Fawcett

O’Sullivan

Stoker

Canavan

Fierravanti-Wells

Paterson

Van

Cash

Henderson

 

 

* Tellers

Question negatived.

Main question, as amended, put and passed.

 

 

 

After 12.15 pm