For the sitting period 22-31 March
1999
Order for production of documents: censure of
minister
The Leader of the Government in the Senate and Minister for the
Environment and Heritage, Senator Hill, was censured by the Senate
on 24 March for not properly responding to the order of the Senate
for documents relating to Jabiluka uranium mine (see Bulletin No.
129, pp 1-2). In response to the order, Senator Hill tabled
some documents and indicated that other documents had been withheld
on stated grounds, but subsequently said that only "key documents"
had been produced. There were indications that the documents not so
far produced would be further pursued.
Throughout the period departments produced statements of their
compliance with the continuing order of the Senate for indexed
lists of their files be placed on the Internet.
Legislation
Two of the government’s bills associated with its proposed
new tax system, relating to fringe benefits tax, were withdrawn on
23 March from the committees to which they had been referred, and
were considered on 29 and 30 March and passed with a combination of
government and non-government amendments.
The Health Legislation Amendment Bill (No. 2) 1999 was
extensively amended on 24 and 25 March in relation to health
insurance and benefits. One of the amendments took the form of a
request because it would have increased expenditure under the bill.
This request was rejected by the government in the House of
Representatives, but on 30 March the bill was finally passed with
amendments substituted for the request, including the excision of a
part of the bill, with the agreement of the government.
The Airports Amendment Bill 1999 was significantly amended on 25
March in relation to airport leases.
A further batch of bills relating to the proposed new tax system
was received on 31 March and was immediately referred to the Select
Committee on a New Tax System. A provision in the resolution
referring the bills to the committee provided for the bills to be
taken together with the other batch of bills, but for their
committee stages to be deferred until 30 April when the committee
reports on them.
Delegated legislation
The Senate disallowed on 30 March a social security
determination dealing with seasonal workers. During debate on the
disallowance motion it was noted that disallowance was a "blunt
instrument" and that the perceived defects of the determination
could better be corrected by way of amendment.
Another batch of migration regulations was disallowed on 31
March, the Senate objecting to provisions relating to family
reunions.
An attempt to disallow rules relating to elections for regional
councils of the Aboriginal and Torres Strait Islander Commission
was unsuccessful on 31 March.
Parliamentary privilege
The Privileges Committee presented its 75th report on 22 March
relating to the execution of search warrants in senators’
offices. The committee made some observations on the question of
whether parliamentary privilege provides an immunity from legal
processes for compulsory production of documents, and on the
significance of search warrants in the context of this question,
but the committee has not concluded its examination of that matter.
The committee recommended that steps be taken to have procedures
for the execution of search warrants in senators’ offices
agreed to by the President and the Australian Federal Police. The
committee noted that the police had voluntarily adhered to such
procedures in recent times.
Procedure Committee report
The Procedure Committee presented a report on 24 March
recommending some changes to the procedures for the use of
unpublished committee documents in dissenting reports and the
giving of notices and postponing business.
The committee also condemned the practice, resorted to by a
department in a recent incident, of private witnesses accompanying
departmental officers, without the explicit approval of the
committees concerned, to give evidence before committees about
bills.
Parliamentary appropriations
The Appropriations and Staffing Committee presented a report on
25 March recommending that the Senate approve an adjustment to the
allocation of items between the annual appropriation bill
containing the ordinary annual services of the government and the
other appropriation bill in consequence of accrual budgeting. The
allocation of items between the two bills is the subject of an
agreement between the Senate and the government known as the
Compact of 1965 (see Odgers'
Australian Senate Practice, 8th ed, electronic
update, pp 288-290).
Committees
For the reference of bills to committees and withdrawal of bills
from committees, see under Legislation, above.
The Select Committee on Information Technologies was
re-established on 25 March. The government proposed that the
committee be established only to consider matters referred to it by
the Senate in the future, but an amendment to the motion provided
the committee with several matters to examine.
A ballot had to be held on 30 March for the membership of this
select committee, when both Senators Harradine and Brown nominated
for the position on the committee reserved for Greens or
independent senators. Senator Harradine was elected.
The following committee reports were presented during the
period:
Date tabled |
Committee |
Title |
22.3 |
Privileges |
75th Report—Execution of search
warrants in Senators’ offices |
23.3 |
Employment, Workplace Relations, Small
Business and Education Legislation |
Examination of annual reports: No. 1
of 1999 |
" |
Environment, Communications,
Information Technology and the Arts Legislation |
Review of annual reports: 1997-98
annual reports tabled in the Senate to 31 October 1998 |
23.3 |
Finance and Public Administration
Legislation |
1997-98 annual reports: Report
one |
" |
Foreign Affairs, Defence and Trade
Legislation |
Scrutiny of annual reports: No. 1 of
1999 |
" |
Legal and Constitutional
Legislation |
Examination of annual reports: No. 1
of 1999 |
" |
Rural and Regional Affairs and
Transport Legislation |
Examination of annual reports: No. 2
of 1998 |
" |
Economics Legislation |
Examination of annual reports: No. 1
of 1999 |
24.3 |
Procedure |
1st Report of 1999 |
25.3 |
Appropriations and Staffing |
30th Report |
" |
Scrutiny of Bills |
4th Report and Alert Digest No. 4 of
1999 |
" |
Legal and Constitutional
References |
Report—Privacy Issues |
29.3 |
Rural and Regional Affairs and
Transport Legislation |
Additional
Information—Additional Estimates 1998-99 |
" |
Environment, Communications,
Information Technology and the Arts References |
Report—GST and a New Tax
System |
" |
Legal and Constitutional
Legislation |
Interim Report—Classification
(Publications, Films and Computer Games) Bills |
30.3 |
Community Affairs References |
Report—GST and a New Tax
System |
31.3 |
Scrutiny of Bills |
5th Report and Alert Digest No. 5 of
1999 |
" |
Rural and Regional Affairs and
Transport References |
Report—Pricing and Slot
Management Arrangements at Kingsford Smith Airport |
" |
Employment, Education and Training
References |
Report—GST and a New Tax
System |
" |
Legal and Constitutional
Legislation |
Report—Aboriginal and Torres
Strait Islander Heritage Protection Bill 1998 |
" |
Rural and Regional Affairs and
Transport Legislation |
Report—Quarantine Amendment Bill
1998 |
" |
Legal and Constitutional
Legislation |
Report—Genetic Privacy and
Non-discrimination Bill 1998 |
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