For the sitting period 23 March-8 April 1998
Legislation
The rejection by the Senate for the second time of the Workplace
Relations Amendment Bill 1997, on 25 March, provided the government
with its first "trigger" for a double dissolution. As the bill was
again rejected at the second reading, it provides an unambiguous
"trigger" not subject to the difficulties attending the Native
Title Bill and the public service package of bills (see below and
Bulletins Nos. 121, p.1, 122, p.2).
The Productivity Commission Bills, having earlier been revived
after their initial rejection at the third reading (see Bulletin
No. 120, p.2), were further amended and passed on 30 March, the
passage of the bills representing a compromise between the
government and the Australian Democrats.
The public service package of bills was again amended on 1
April, the amendments generally reflecting those made to the bills
in 1997. The amendments were again rejected by the government in
the House of Representatives and the bills laid aside.
The Opposition succeeded in having the provisions of the bill
for the sale of the remainder of Telstra referred to a standing
committee on 1 April, before the introduction of the bill, but not
without government amendments to ensure that the bill goes to the
relevant legislation committee rather than the references committee
and to shorten the reporting time.
The Senate significantly amended on 3 April the Health
Legislation Amendment Bill (No. 2) 1997 by striking out a whole
schedule applying to nursing home patients. This amendment was
accepted by the government in the House.
The sitting period was largely taken up by extensive
consideration and amendment of the Native Title Amendment Bill 1997
in its second consideration by the Senate. When consideration of
the bill in committee commenced, a move by the Democrats to remake
the amendments made to it by the Senate on the last occasion and
not accepted by the government, and thereby begin consideration of
the bill as passed by the Senate last year, was rejected. Extensive
and different amendments were then made to it over several
days’ consideration. The bill was finally passed at the
sitting of 8 April, extending into the morning of 9 April, and the
government recalled the House of Representatives to accept some
Senate amendments, reject others and again lay the bill aside,
thereby, according to the government’s interpretation of the
constitutional provisions, providing a "trigger" in respect of the
bill.
Delegated legislation
The Regulations and Ordinances Committee presented a report on 7
April drawing attention to the unsatisfactory practice of
government instrumentalities, having been provided with delegated
legislation-making powers by the Parliament, then choosing to deal
with relevant matters by administrative arrangements rather than
delegated legislation. Significantly, one of the "offenders" was
the Federal Court, which did not have rules of court for native
title matters for a period of almost four months. The committee
accepted an assurance of the Chief Justice that this gap did not
affect cases.
The period was fruitful of disallowance motions. Two sets of
regulations, relating to workplace relations and the Energy
Research and Development Corporation, were disallowed on 25 March,
and others, relating to therapeutic goods, were disallowed on 31
March.
Matters sub judice
In relation to the charges laid against him of fraudulent claims
for travelling allowance, Senator Colston sought to publish through
the proceedings of the Senate allegations that office-holders
connected with the investigation and prosecution, and some not so
connected, had engaged in some kind of improper and/or illegal
activities in relation to the prosecution. The President ruled on 6
April that he could not publish this material through the Senate
because it would violate the sub judice convention in that it could
prejudice the trial of the charges laid against him. Because the
Clerk of the Senate was one of those accused by Senator Colston,
the President obtained external advice to the effect that the
material he sought to publish could cause prejudice to his trial,
and this advice, omitting the substance of the matters he sought to
publish, was tabled on the following day.
Senators’ interests
The orders of the Senate of 1994 relating to the registration
and declaration of senators’ interests declare that it is a
serious contempt for a senator knowingly to fail to register
relevant interests. On 25 March the President gave precedence to a
motion to refer to the Privileges Committee the question whether
Senator Parer, the Minister for Resources and Energy, had failed to
register relevant interests. This motion followed intense
controversy about the minister’s family trust holding shares
in mining companies. The motion to refer it to the Privileges
Committee was rejected on the following day. Senator Parer
corrected his entry in the register of interests, but debate about
his situation continued.
Privilege
The Privileges Committee presented its 70th report on 6 April,
relating to a hearing of the Joint Committee on the National Crime
Authority at which Mr John Elliott gave evidence about the
Authority’s investigation of him and at which an opposition
senator was prevented from putting some questions to him. The
Privileges Committee concluded that the entire hearing was contrary
to the statute under which the joint committee is established,
again drew attention to the extremely restrictive terms of those
provisions and suggested that they should be reviewed.
Orders for production of documents
In response to the order passed on 9 March, the government
produced on 31 March a copy of the Multilateral Agreement on
Investment and draft reservations by Australia to the agreement.
The agreement, a significant step in economic globalisation, is
regarded with considerable suspicion by some senators.
An order passed on 31 March for the production of an audit
report on the costs to the Australian Broadcasting Corporation of
transition to digital transmission was met on 2 April by an unusual
flat refusal by the government to produce the document. The basis
of the refusal was that it is a cabinet document to be considered
by cabinet as part of its budget deliberations. Senator Bourne
indicated that the refusal increased her interest in the document
and that further attempts to obtain it would be pursued.
Vacancy
Senator Bob Collins’ resignation was reported on 30 March.
A vacancy for the Northern Territory is filled by the Legislative
Assembly of the Territory.
Committee reports
The following committee reports were presented during the
period:
Date tabled
|
Committee
|
Title
|
23.3 |
Community Affairs Legislation |
Report— Annual Reports |
"
|
Legal and Constitutional
Legislation |
Report— Migration Legislation
Amendment (Strengthening of Provisions relating to Character and
Conduct) Bill 1997 |
24.3 |
Economics Legislation |
Report— Annual Reports |
"
|
Employment, Education and Training
Legislation |
Report— Annual Reports |
"
|
Finance and Public Administration
Legislation |
Report— Annual Reports |
"
|
Legal and Constitutional
Legislation |
Report— Annual Reports |
"
|
Rural and Regional Affairs and
Transport Legislation |
Report— Annual Reports |
25.3 |
Scrutiny of Bills |
3rd Report and Alert Digest No. 3 of
1998 |
26.3 |
Environment, Recreation,
Communications and the Arts Legislation |
Report— Annual Reports |
"
|
Superannuation |
28th Report— Choice of
Superannuation Fund |
31.3 |
Employment, Education and Training
References |
Report— Status of Teachers and
Development of the Teaching Profession |
1.4 |
Scrutiny of Bills |
4th Report and Alert Digest No. 4 of
1998 |
"
|
Corporations and Securities |
Reports— Company Law Review Bill
1997 and Managed Investments Bill 1997 |
"
|
Legal and Constitutional |
Report— Copyright Amendment Bill
(No. 2) 1997 |
"
|
Superannuation |
29th Report— Superannuation
Arrangements for Commonwealth Employees— Bills |
2.4 |
Legal and Constitutional
Legislation |
Report— Special Benefit
Provisions— Newly Arrived Resident’s Waiting
Period |
"
|
Native Title and the Aboriginal and
Torres Strait Islander Land Fund |
11th Report— Aboriginal and
Torres Strait Islander Heritage Protection Act 1984 |
6.4 |
Community Affairs Legislation |
Additional Information—
Additional Estimates 1997-98 |
"
|
Privileges |
70th Report— Questions arising
from proceedings of the Parliamentary Joint Committee on the
National Crime Authority |
"
|
Community Affairs Legislation |
Report— Aged Care Amendment Bill
1998 |
"
|
Employment, Education and Training
Legislation |
Additional Information— Budget
Supplementary Estimates 1997-98 and Additional Estimates
1997-98 |
"
|
National Crime Authority |
Report— Third Evaluation of the
National Crime Authority |
"
|
Foreign Affairs, Defence and Trade
Legislation |
Report— Annual Reports |
"
|
Economics Legislation |
Report— Taxation Laws Amendment
Bill (No. 7) 1997 |
7.4 |
Regulations and Ordinances |
Disallowable Instruments and
Parliamentary Propriety— Document |
8.4 |
Scrutiny of Bills |
Alert Digest No. 5 of 1998 |
"
|
Finance and Public Administration
Legislation |
Additional Information—
Additional Estimates 1996-97 and 1997-98 |
"
|
Legal and Constitutional
Legislation |
Additional Information—
Estimates 1997-98 |
"
|
Rural and Regional Affairs and
Transport Legislation |
Report— Australian Capital
Territory (Planning and Land Management) Amendment Bill 1997 |
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