For the sitting period
9-11 May 2000
Orders for documents
The matter of the magnetic resonance imaging
machines (see Bulletin No. 139, p. 1, No. 138, p. 1-2) came to
something of a climax on 10 May with the tabling of three sets of
documents:
- A large volume of documents in response to the Senate’s
orders for documents on 21 October 1999 and 10 April
2000.
- The report of the Community Affairs Legislation Committee on
the hearings on the matter which it was directed by the Senate on
10 April to hold. In accordance with the Senate’s direction,
relevant departmental officers appeared and gave evidence to the
committee. The committee reported that administrative deficiencies
on the part of the department were disclosed.
- A report by the Auditor-General on the matter. This report also
disclosed administrative deficiencies on the part of the
department, and found that machines were purchased as a result of
intelligence gained at a meeting with the minister just before the
budget decision to make Medicare rebates payable for services
rendered with the machines.
The Opposition claimed that the reports
indicated impropriety on the part of the Minister for Health and
Aged Care, Dr Wooldridge, in his dealings with radiologists, a
claim still denied by the government.
During the dispute over the mandatory sentencing
issue (See Bulletin No. 141, p. 1), the Senate asked the Human
Rights and Equal Opportunity Commission to produce a report on the
subject. A voluminous report was duly produced on 11 May but there
was no opportunity to debate it. The report is critical of
mandatory sentencing provisions.
In accordance with the Senate’s order of
16 April the report on the safety of heavy trucks, which was
provided to the Deputy President and released during the
non-sitting period, was tabled on 9 May.
Legislation
The difficulties arising from the
government’s advisers’ interpretations of section 53 of
the Constitution, which determines whether Senate amendments to
financial bills are made in the form of requests to the House of
Representatives, was again illustrated by the New Tax System
(Fringe Benefits) Bill 2000. The issue was explained in the
following statement by the Chair of Committees on 10 May:
A New Tax System (Fringe Benefits) Bill 2000 is
not regarded by the government’s advisers as a bill imposing
taxation within the meaning of section 53 of the Constitution. The
bill, however, results in taxpayers paying significantly more
taxation, and the government amendments to the bill have been
circulated as requests. The only basis for the amendments being
requests would be that the bill imposes taxation. In the past,
government advisers have also framed amendments as requests where
they increase the amount of taxation payable under a bill, on the
basis of the third paragraph of section 53. That paragraph refers
to Senate amendments not increasing any proposed charge or burden
on the people, but for amendments to fall within that paragraph
there must be a proposed charge or burden on the people to be
increased, in other words, in the case of a tax bill, it must be
imposing higher taxation on taxpayers.
It would probably best reflect the past
decisions of the Senate in relation to tax legislation if the bill
were regarded as a bill imposing taxation and therefore the
amendments treated as requests.
Any other amendments moved to the bill would
also be treated as requests on that basis.
All of the amendments to the bill were processed
as requests accordingly.
The Transport and Territories Legislation
Amendment Bill 1999, an omnibus portfolio bill, was amended by the
striking out of some provisions, but then deferred on 10 May to
allow the government to further explain provisions relating to
industrial relations law in the external territories. Another
matter leading to the deferral was the moving of an amendment by
the Democrats to overturn the mandatory sentencing laws of the
Northern Territory, thereby reopening that issue.
The Jurisdiction of Courts Legislation Amendment
Bill was again considered on 10 May, with the Senate agreeing to
amendments made in the House of Representatives to amendments made
by the Senate on the first consideration of the bill. The
amendments made a minor clarification to the amendments made by the
Senate.
The Corporations Law Amendment (Employee
Entitlements) Bill 2000 raised the vexed issue of safeguarding the
entitlements of employees of firms that go bankrupt. The bill was
passed on 10 May with an Opposition amendment relating to the
liability of a company for the debts of a related body.
Estimates hearings
The estimates documents arising from the
government’s budget were referred to the legislation
committees on 9 May, thereby triggering the main round of estimates
hearings of those committees beginning on 22 May and scheduled to
last for two weeks. This year the supplementary hearings on the
additional estimates for the current financial year occurred within
two weeks of the hearings on the main estimates for next financial
year, basically due to the change in the budget cycle. During the
additional estimates supplementary hearings reference was made to a
proposal that those hearings, which are confined to additional
matters notified after the additional estimates hearings, be
dispensed with, on the basis that any matters normally raised then
could be raised within a short time at the main hearings. This
would mean that there would be three rounds of estimates hearings
each year rather than four.
Privilege: unauthorised
disclosure
A reference was made to the Privileges Committee
on 11 May of an apparent case of unauthorised disclosure of the
identity of a witness who gave in camera evidence to the Economics
References Committee during its hearings on the operations of the
Australian Taxation Office. The circumstances were unusual, in that
a member of the committee has conceded that he made the disclosure
in question, but in circumstances in which the identity of the
witness was in reality already public information. The President
gave the matter precedence to allow it to be referred to the
Privileges Committee on the basis that the Senate would want the
advice of that committee on the circumstances and on whether any
action should be taken.
Auditor-General’s
reports
The Senate adopted on 11 May the recommendation
of the Procedure Committee that standing order 62 be amended to
provide that Auditor-General’s reports remain on the Notice
Paper, with Senate committee reports, until there has been an
opportunity to debate them.
Vacancy filled
A vacancy in the Senate occurred and was filled
during the Easter non-sitting period, with the resignation of
Senator Brownhill, National Party, New South Wales, on 14 April and
the appointment to the vacancy by the New South Wales Parliament on
8 May of former senator Sandy Macdonald. Senator Macdonald left the
Senate only in June last year at the turnover of senators following
the 1998 election.
Senate Daily Summary
The Senate Daily Summary provides more detailed information on Senate proceedings, including progress of legislation, committee reports and other documents tabled and major actions by the Senate. Like this bulletin, Senate Daily Summary may be reached through the Senate home page at www.senate.gov.au.
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