For the sitting period 17-26 March 1997 to 1 April 1997
LEGISLATION: REVIVAL OF "DEAD" BILLS
It is well known that the rejection of a bill by the Senate at
the second reading does not necessarily finally kill the bill, and
that it can be revived and consideration of it resumed if the
Senate so decides. In the past, a bill which has been rejected at
the third reading, that is, after the committee stage in which
there has been opportunity to make amendments to it, has been
regarded as well and truly dead.
There is nothing to prevent the Senate, however, reviving a bill
which has been rejected at the third reading, resuming
consideration of it and passing it. This occurred with the
Hindmarsh Island Bridge bill, which was rejected at the third
reading (see Bulletin No. 111, p. 2). Not only was the bill
revived, but it was recommitted to the committee of the whole so
that amendments could again be moved to it. It was passed with
amendment on 26 March.
It appears that consideration is being given to reviving
similarly the retirement savings accounts package of bills, which
is designed to regulate the provision of retirement savings
accounts by banks, and which was rejected at the third reading on
25 March. As the stated cause of its rejection was the failure to
carry some amendments, presumably if this package is revived it
will also be recommitted.
Much of the time available for legislation during the period was
devoted to the package of bills designed to restructure the
telecommunications industry. The bills were finally passed with
extensive amendments on 24 March, having been considered for some
22 hours. This time puts the package well behind other
record-setting bills as regards time spent, but the number of
amendments agreed to, 342, puts it ahead of such other bills.
A great deal of time was spent on the Euthanasia Laws Bill,
which finally passed on 24 March. Although technically a
private member's bill, this bill was in fact promoted by the
government and would not otherwise have been dealt with.
The package of private health insurance incentives bills
(Bulletin No. 112, p. 2) was returned with the Senate amendments
disagreed to by the government. The Senate did not insist on its
amendments but agreed on 26 March to a substitute package of
amendments representing a compromise on the legislation.
The consideration of a plain-English rewrite of the Income Tax
Assessment Act led to considerable debate on 17 March on whether
the process of rewriting altered the liabilities and rights of
taxpayers. It was pointed out that inadvertent alteration of
liabilities and rights is always a danger with the rewriting of
complex legislation.
Other bills significantly amended during the period included the
Commonwealth Services Delivery Agency Bill and an associated bill
and the Aviation Legislation Amendment Bill (No. 1) 1997, both on
26 March.
At the end of the period the Senate had commenced the committee
stage of the superannuation surcharge package of bills, which, on
the number of amendments already circulated, promises to be another
record-breaker.
ORDERS FOR PRODUCTION OF DOCUMENTS
The documents relating to travelling allowance payments to
senators were duly produced on 18 March (see Bulletin No. 112, pp
1-2), but a statement by the President pointing out that she did
not have access to records in the possession of the Department of
Administrative Services led to the immediate passage of a further
order requiring that department to produce records in its
possession. Those records were duly produced on 24 March.
It was also pointed out that no records of travelling allowance
payments to members of the House of Representatives have yet been
made public, notwithstanding the publication of such records since
1990 by decisions of successive presidents and orders of the
Senate. An unusual resolution was therefore passed, asking that
such records in relation to members of the House be made public,
and this resolution was forwarded to the House by message. It is
not known whether the government will accede to this request.
An order was passed on 18 March for the production of documents
relating to the government's decision to reduce funding to the
Franchising Code Council. The documents were duly produced on 26
March. Another order was passed on 26 March for the production of
documents relating to government decisions concerning environmental
matters in East Gippsland.
The opposition were unsuccessful in moving orders for production
of further documents relating to investigations of the matter of
Senator Colston's travelling allowance on 26 March.
PARLIAMENTARY PRIVILEGE
In its 64th report, tabled on 19 March, the Privileges Committee
dealt with a case of alleged misleading evidence. The committee
found that the effect of certain evidence was to mislead a Senate
committee, but that there was no deliberate intention to mislead
the committee on the part of the witness, and that therefore no
contempt of the Senate should be found.
The report illustrates the way in which the committee regards a
culpable intention on the part of the person concerned as essential
for the establishment of a contempt. This is in stark contrast to
contempt of court: certain contempts of court can be proved and
punished without there being any culpable intention on the part of
the perpetrator. Parliament, represented by the Senate, therefore,
deals with alleged contempts of Parliament far more gently than the
courts deal with contempts of court.
The report reemphasised the principle of accountability of
statutory authorities, and again drew attention to the need to
educate public servants about parliamentary processes.
The committee also presented a report on 25 March recommending
the publication of a response by a person referred to in the
Senate, and the response was published accordingly. Significantly,
the person concerned was not an Australian resident; the protection
of the relevant Senate procedures is not confined to citizens or
residents.
COMMITTEES
An unusual report was presented on 26 March by the Rural and
Regional Affairs and Transport References Committee, relating to
the purchase of an air-sea rescue system known as the Precision
Aerial Delivery System or PADS. The unanimous report found that
there had been carelessness verging on negligence in the decision
to purchase the system, which has been a matter for considerable
controversy in recent times.
The Appropriations and Staffing Committee received on 26 March a
reference relating to the proposals for amalgamation of the
parliamentary departments. The committee would have been obliged to
consider those proposals in any event, but the reference requires
it to hold public hearings and to report by 26 June.
The following committee reports were presented during the
period:
Date tabled |
Committee |
Title |
18.3 |
Community Affairs Legislation |
Report-Commonwealth Services Delivery Agency Bill
1996, Reform of Employment Services Bill 1996, Reform of Employment
Services (Consequential Provisions) Bill 1996 |
" |
Economics Legislation |
Report-Customs and Excise Legislation Amendment
Bill (No. 2) 1996 (No. 2) |
19.3 |
Scrutiny of Bills |
4th Report and Alert Digest No. 4 of 1997 |
" |
Privileges |
64th Report |
20.3 |
Employment, Education and Training
Legislation |
Additional-Estimates 1996-97 |
" |
Environment, Recreation, Communications and the
Arts Legislation |
Additional Information-Estimates 1996-97 |
" |
Finance and Public Administration Legislation |
Report-AIDC Sale Bill 1997 |
" |
Superannuation Select |
23rd Report-Superannuation Surcharge
Legislation |
" |
Foreign Affairs, Defence and Trade
Legislation |
Report-Export Market Development Grants Bill 1997
and Export Market Development Grants (Repeal and Consequential
Provisions) Bill 1997 |
24.3 |
Economics Legislation |
Report-Productivity Commission Bill 1996 and
Productivity Commission (Repeals, Transitional and Consequential
Amendments) Bill 1996 |
" |
Community Affairs Legislation |
Report-Hearing Services Administration Bill 1997
and Hearing Services and AGHS Reform Bill 1997 |
25.3 |
Privileges |
65th Report |
" |
National Crime Authority |
Report-National Crime Authority Annual Report |
" |
Corporations and Securities |
Report-Annual Reports |
26.3 |
Economics Legislation |
Report-Public Equity in Telstra Corporation
Ltd |
26.3 |
Scrutiny of Bills |
5th Report and Alert Digest No. 5 of 1997 |
" |
Legal and Constitutional References |
Australian Legal Aid System-First Report |
" |
Rural and Regional Affairs and Transport
References |
Report-Precision Aerial Delivery System
(PADS) |
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