Scrutiny of Bills Alert Digest No. 9 of 1998
Senate Standing Committee for The Scrutiny of Bills
1 July 1998
ISSN 1329-668X
MEMBERS OF THE COMMITTEE
Senator B Cooney (Chairman)
Senator W Crane (Deputy Chairman)
Senator J Ferris
Senator S Macdonald
Senator A Murray
Senator J Quirke
TERMS OF REFERENCE
Extract from Standing Order 24
(1)
(a) At the commencement of each Parliament, a Standing Committee for
the Scrutiny of Bills shall be appointed to report, in respect of the
clauses of bills introduced into the Senate, and in respect of Acts of
the Parliament, whether such bills or Acts, by express words or otherwise:
(i) trespass unduly on personal rights and liberties;
(ii) make rights, liberties or obligations unduly dependent upon insufficiently
defined administrative powers;
(iii) make rights, liberties or obligations unduly dependent upon non-reviewable
decisions;
(iv) inappropriately delegate legislative powers; or
(v) insufficiently subject the exercise of legislative power to parliamentary
scrutiny.
(b) The Committee, for the purpose of reporting upon the clauses of a
bill when the bill has been introduced into the Senate, may consider any
proposed law or other document or information available to it, notwithstanding
that such proposed law, document or information has not been presented
to the Senate.
CONTENTS
Australian National Training Authority Amendment Bill 1998
Constitution Alteration (Right to Stand for Parliament—Qualification
of Members and Candidates) 1998
Education Services for Overseas Students (Registration of Providers and
Financial Regulation) Amendment Bill 1998
Family Law Amendment Bill (No. 1) 1998
Navigation Amendment (Employment of Seafarers) Bill 1998
Rural Adjustment Amendment Bill 1998
Social Security and Veterans' Affairs Legislation Amendment (Payment
Processing) Bill 1998
States Grants (General Purposes) Amendment Bill 1998
States Grants (Primary and Secondary Education Assistance) Amendment
Bill 1998
Superannuation (Entitlements of same sex couples) Bill 1998
Taxation Administration Amendment (Public rulings) Bill 1998
War Crimes Amendment Bill 1998
Australian National Training Authority Amendment Bill 1998
This bill was introduced into the House of Representatives on 24 June
1998 by the Minister for Employment, Education, Training and Youth Affairs.
[Portfolio responsibility: Employment, Education, Training and Youth Affairs]
The bill proposes to amend the following Acts:
- Australian National Training Authority Act 1992 to:
- reflect a new Agreement between the Commonwealth, States and Territories
on vocational education and training for the three years 1998 to
2000; and
- clarify that the Australian National Training Authority is exempt
from State and Territory taxes; and
- Vocational Education and Training Funding Act 1992 to make
consequential amendments.
Retrospective application
Subclause 2(2) and Schedule 1, item 17
Subclause 2(2) of the bill provides that item 17 in Schedule 1 to the
bill is to be taken to have commenced on 21 December 1992, immediately
after the commencement of the Australian National Training Authority
Act 1992. The Explanatory Memorandum notes that the purpose of the
amendment proposed by item 17 is to ensure that the Australian National
Training Authority is not liable to pay State and Territory taxes.
While such an immunity is usual for Commonwealth statutory authorities,
the Committee notes that the retrospective application in this instance
is approximately five and a half years. The Explanatory Memorandum provides
no explanation as to why such a lengthy period of time has been required
to rectify an apparent oversight. The Committee, therefore, seeks
the Minister's advice on the circumstances giving rise to this provision
at this time, and why the Explanatory Memorandum makes no reference
to these circumstances.
Pending the Minister's advice, the Committee draws Senators' attention
to the provision, as it may be considered to trespass unduly on personal
rights and liberties, in breach of principle 1(a)(i) of the Committee's
terms of reference.
Constitution Alteration (Right to Stand for Parliament—Qualification
of Members and Candidates) 1998
This bill was introduced into the Senate on 24 June 1998 as a Private
Senator's Bill by Senator Brown.
The bill proposes to amend section 44 of the Constitution to allow
persons who hold an `office of profit under the Crown' or who are not
Australian citizens to nominate for election to Federal parliament.
The Committee has no comment on this bill.
Education Services for Overseas Students (Registration of Providers
and Financial Regulation) Amendment Bill 1998
This bill was introduced into the House of Representatives on 24 June
1998 by the Parliamentary Secretary to the Minister for Employment,
Education, Training and Youth Affairs. [Portfolio responsibility: Employment,
Education, Training and Youth Affairs]
The bill proposes to amend the Education Services for Overseas Students
(Registration of Providers and Financial Regulation) Act 1991 to
extend the Act's sunset clause from 1 January 1999 to 1 January 2002.
The Committee has no comment on this bill.
Family Law Amendment Bill (No. 1) 1998
This bill was introduced into the House of Representatives on 24 June
1998 by the Attorney-General. [Portfolio responsibility: Attorney-General]
The bill proposes to amend the Family Law Act 1975 to enable
regulations to be made to:
- effect bi-lateral arrangements with other countries on intercountry
adoption; and
- confer jurisdiction on Australian courts to make decisions on intercountry
adoptions.
The Committee has no comment on this bill.
Navigation Amendment (Employment of Seafarers) Bill 1998
This bill was introduced into the House of Representatives on 25 June
1998 by the Minister for Workplace Relations and Small Business. [Portfolio
responsibility: Workplace Relations and Small Business]
The bill proposes to amend the following Acts:
- Navigation Act 1912 to abolish the Marine Council and remove
provisions relating to:
- prohibiting the demand or receipt of fees for the supply of
seamen (`crimping');
- prohibiting the use of a crew engaged in overseas voyages for
handling cargo or ballast while the ship is in an Australian port;
- requirements to enter into a prescribed form of `articles of
agreement' covering conditions of employment;
- certain procedures in relation to the discharge of seamen from
ship service and methods for wage payment; and
- makes consequential amendments; and
- Occupational Health and Safety (Maritime Industry) Act 1993
to make consequential amendments.
The Committee has no comment on this bill.
Rural Adjustment Amendment Bill 1998
This bill was introduced into the House of Representatives on 24 June
1998 by the Minister for Primary Industries and Energy. [Portfolio responsibility:
Primary Industries and Energy]
The bill proposes to amend the Rural Adjustment Act 1992 to
introduce the Farm Business Improvement Program (FarmBis), to operate
for three years.
The Committee has no comment on this bill.
Social Security and Veterans' Affairs Legislation Amendment (Payment
Processing) Bill 1998
This bill was introduced into the House of Representatives on 25 June
1998 by the Minister representing the Minister for Social Security.
[Portfolio responsibility: Social Security]
The bill proposes to amend the Social Security Act 1991 and
the Veterans' Entitlements Act 1986 to provide for the payment
of social security payments and income support payments to be paid fortnightly
in arrears with daily entitlements. Consequential amendments are also
made to the Social Security Act 1991 in relation to bereavement
provisions. The bill also proposes to make further consequential amendments
to the Child Care Payments Act 1997 and the Income Tax Assessment
Act 1997.
The Committee has no comment on this bill.
States Grants (General Purposes) Amendment Bill 1998
This bill was introduced into the House of Representatives on 25 June
1998 by the Parliamentary Secretary (Cabinet) to the Prime Minister.
[Portfolio responsibility: Treasury]
The bill proposes to amend the States Grants (General Purposes)
Act 1994:
- to provide for general revenue assistance (including competition
payments) to the States and Territories in 1998-99;
- for the Commonwealth to make payments under the safety net arrangements
relating to business franchise fees; and
- provide for the States and Territories to make fiscal contributions
to the Commonwealth in 1998-99 by way of deductions from general revenue
assistance.
The Committee has no comment on this bill.
States Grants (Primary and Secondary Education Assistance) Amendment
Bill 1998
This bill was introduced into the House of Representatives on 25 June
1998 by the Minister for Employment, Education, Training and Youth Affairs.
[Portfolio responsibility: Employment, Education, Training and Youth
Affairs]
The bill proposes to amend the States Grants (Primary and Secondary
Education Assistance) Act 1996 to:
- provide $20 million to introduce Full Service Schools;
- provide $40.2 million to extend the National Asian Languages and
Studies in Australian Schools (NALSAS) strategy;
- enable the Minister to vary funding allocations for Literacy and
Country Areas programs;
- change funding schedules for capital grants for government and non-government
schools to enable capital funding for 2001;
- vary the amounts of 1997 recurrent and capital grants for the 1997
supplementation and provide flow on effects for 1998, 1999 and 2000;
and
- make technical amendments.
The Committee has no comment on this bill.
Superannuation (Entitlements of same sex couples) Bill 1998
This bill was introduced into the House of Representatives on 22 June
1998 by Mr Albanese as a Private Member's bill.
The bill proposes to amend the Superannuation Industry (Supervision)
Act 1993 to enable same sex couples to receive the same superannuation
benefits as heterosexual couples.
The Committee has no comment on this bill.
Taxation Administration Amendment (Public rulings) Bill 1998
This bill was introduced into the House of Representatives on 22 June
1998 by Mr Rocher as a Private Member's bill.
The bill proposes to amend the Taxation Administration Act 1953
to make all future public rulings disallowable instruments for the
purposes of section 46A of the Acts Interpretation Act 1901.
The Committee has no comment on this bill.
War Crimes Amendment Bill 1998
This bill was introduced into the Senate on 24 June 1998 by the Parliamentary
Secretary to the Treasurer. [Portfolio responsibility: Attorney-General]
The bill proposes to amend the War Crimes Act 1945 to enable
extradition proceedings with former Soviet Block countries, particularly
the Baltic States.
The Committee has no comment on this bill.
|
