For the sitting period 10 November-10 December
1998
Office of the President
When the session was opened following the general election, the
President, Senator Reid, remained in office, as the presidency
falls vacant only after senators elected at a periodical election
begin their terms. The President being a territory senator,
however, she had to be sworn in for her new term. (Some years ago
the Procedure Committee considered the possibility of a territory
senator holding the office of President but considered that the
office should not become vacant when such a territory senator is
re-elected. There is no break in the service of a re-elected
territory senator, as a term ends and begins on polling day.)
Although the President has a continuing commission to swear in
senators, the Governor-General’s deputy attended not only to
open the session but to swear in the President, who then
administered the oath or affirmation to other senators beginning
new terms.
The latter included not only the other territory senators, but
Senator Hutchins, appointed by the Parliament of New South Wales to
fill the vacancy left by Senator Neal, who resigned to contest a
House of Representatives electorate.
Taxation inquiry
It soon became evident that the government’s proposed new
taxation system would be the subject of an extensive inquiry by the
Senate. A consensus also developed to begin the inquiry before the
introduction of the necessary legislation into the House of
Representatives. A great deal of negotiation went on, however, in
relation to the form of the inquiry. This was finally settled on 25
November, with the appointment of a select committee to consider
the proposed new system generally and references to three standing
committees for inquiries into particular aspects of the scheme. The
inquiries are due to be completed by 19 April 1999.
It is now quite common for the Senate to begin an inquiry into
legislation before the Senate receives the legislation, or even
before it is introduced into either House. This is done by
referring the provisions of bills or the subject matter to a
committee. There are also precedents for referring different parts
or aspects of legislation to different committees.
Health insurance legislation
The other major piece of legislation of the sittings was the
bill to provide a rebate in respect of private health insurance.
Debate on this matter occurred over the period, whether or not the
bill was actually before the Senate (the rule against anticipating
discussion of a matter on the Notice Paper was referred to on
several occasions but not actually invoked to prevent discussion
before the bill was considered). The matter was finally resolved on
the last day of the sittings, with the passage of the bill with a
set of amendments moved by Senator Harradine mainly relating to
"gap" insurance, and with undertakings by the government to develop
other proposals.
Other legislation
After a general election all bills are new bills and therefore
the Senate’s requirement that bills be introduced in one
period of sittings but not considered until the next does not
apply. Instead, bills must be received in the first two-thirds of
the sittings and cannot be proceeded with unless 14 days have
elapsed after first introduction in either House (standing order
111). This requirement, however, was suspended in relation to a
considerable number of bills during this period of sittings.
The Child Support Legislation Amendment Bill 1998 was
significantly amended, with extensive amendments moved by the
opposition and the government being agreed to on 23 and
30 November. The bill was returned on 7 December with one of
the amendments disagreed to on the basis that it should be a
request, but the Chair of Committees, Senator West, pointed out
that, as the amendment clearly did not have the effect of
increasing expenditure under an appropriation, this claim was not
correct. She pointed out that the problem arose from the government
drafters having regard to the notional or bookkeeping effects of
amendments rather than their actual effects.
The Space Activities Bill 1998, designed to regulate
participation in the space industry, was amended by opposition,
Democrat and Greens amendments on 26 and 30 November.
The National Environment Protection Measures (Implementation)
Bill 1998, another new piece of legislation, was also extensively
amended by amendments moved by the opposition and the Democrats on
2, 3 and 7 December.
The government amendments made on 7 December to the Payment
Processing Legislation Amendment (Social Security and
Veterans’ Entitlements) Bill 1998, which was designed to
alter the system for paying social security benefits, represented
concessions by the government in relation to the treatment of
beneficiaries under the legislation.
As might be expected, the Australian Radiation Protection and
Nuclear Safety Bill 1998, concerning nuclear installations,
attracted a great deal of debate, and an amendment moved by the
Greens (WA) was agreed to as well as one moved by the opposition
when the bill was passed on the last day of the sittings.
Privileges Committee
The Senate adopted on 1 December the 72nd and 73rd reports of
the Privileges Committee. This had the effect, in relation to the
72nd report, of:
- finding that the University of Queensland committed a contempt
of the Senate in taking disciplinary action against a staff member
in consequence of his communication with a senator
- taking no further action in relation to that matter in view of
the University’s reinstatement of the person concerned;
and, in respect of the 73rd report, of:
- finding that the Attorney-General and officers of his
department did not commit a contempt by attempting improperly to
influence the Australian Law Reform Commission in respect of its
parliamentary evidence, largely because they acted in
ignorance
- referring ambiguities in the powers and functions of the Law
Reform Commission to the Legal and Constitutional Legislation
Committee
- reaffirming earlier resolutions of the Senate, based on the
recommendation of the Privileges Committee, that heads of
departments and other agencies and senior executive officers of the
Public Service should undertake study of parliamentary principles,
to avoid committing offences through ignorance
- requiring the tabling, by 1 December 1999, of reports by
departments on how they have complied with the resolution.
On 9 December the committee tabled its 74th report, in which the
committee reported on several cases of unauthorised disclosure of
committee documents, and made further suggestions about how such
cases should be dealt with. In relation to the particular cases,
the Senate found that contempts had been committed, including by a
senator and some unidentified officers of a department, in relation
to unauthorised disclosures, but recommended that no penalties
should be imposed.
Standing orders amendments
Three sets of amendments to the standing orders were made on 3
and 7 December on the recommendation of the Procedure Committee.
The amendments:
- reduce from 8 to 6 the membership of the legislative and
general purpose references committees, so that they now have the
same numbers as the legislation committees
- restore the unlimited adjournment debate on Monday evenings
(that is, unlimited as to total time)
- provide for the presentation of documents by the President when
the Senate is not sitting as well as by ministers and the
Auditor-General.
Delegated legislation
The Regulations and Ordinances Committee reported on 3 and 9
December, indicating that, although the Spring sittings have been
relatively short, the committee has already investigated a very
large number of difficulties with particular pieces of delegated
legislation.
Committees
Many committees presented reports during the general election
period, under the provisions which allow them to continue their
work during a prorogation and to have reports presented when the
Senate is not sitting.
On 26 November the Senate dispensed with supplementary estimates
hearings arising from the budget estimates, and set the schedule
for estimates hearings in 1999, including additional and main
estimates.
Changes were made on 11 November to the responsibilities of the
legislative and general purpose standing committees, consequent on
administrative reorganisation since the general election.
A new joint committee on the retailing sector industry,
initiated by the government, was agreed to on 9 December,
notwithstanding the constant growth in the numbers of joint
committees in recent years and suggestions that their numbers
should be reduced. The select committee is a response to concerns
in recent times about concentration of ownership and the
elimination of small traders in the retailing industry.
Because of a lack of agreement among the minor parties and
independents about nominations to the Joint Foreign Affairs,
Defence and Trade Committee, a ballot had to be held on
9 December to select two appointees from three nominations.
This was the first such ballot since 1992, and they were very rare
before that date.
The following committee reports were presented during the
period:
Date tabled |
Committee |
Title |
10.11 |
Economics References |
Report—Promoting Australian
Industry |
" |
Community Affairs Legislation |
Interim Report—Social Security
and Veterans’ Affairs Legislation Amendment (Payment
Processing) Bill 1998 |
" |
Community Affairs Legislation |
Interim Report—Australian
Hearing Services Reform Bill 1998 |
" |
Legal and Constitutional
Legislation |
Interim Report—Genetic Privacy
and Non-discrimination Bill 1998 |
" |
Legal and Constitutional
Legislation |
Interim Report—Human Rights
Legislation Amendment Bill (No. 2) 1998 |
" |
Environment, Recreation,
Communications and the Arts Legislation |
Interim Report—Film Licensed
Investment Company Bill 1998 and the Taxation Laws Amendment (Film
Licensed Investment Company) Bill 1998 |
" |
Economics Legislation |
Interim Report—Taxation Laws
Amendment Bill (No. 4) 1998 |
" |
Legal and Constitutional
References |
Interim Report—Privacy Amendment
Bill 1998 |
" |
Employment, Education and Training
Legislation |
Report—Education Services for
Overseas Students (Registration of Providers and Financial
Regulation) Amendment Bill 1998 |
10.11 |
Economics References |
Interim Report—Australian
Taxation Office |
" |
Employment, Education and Training
References |
Report—Education and Training
Programs for Indigenous Australians |
" |
Community Affairs References |
Interim Report—Child Care
Funding |
" |
Rural and Regional Affairs and
Transport References |
Interim Report—Australian
Quarantine and Inspection Service and Integrity Rural Products |
" |
Rural and Regional Affairs and
Transport References |
Interim Report—Pricing and Slot
Management Arrangements at Kingsford Smith Airport |
" |
Information Technologies |
Report |
26.11 |
Community Affairs Legislation |
Report—Social Security and
Veterans’ Affairs Legislation Amendment (Payment Processing)
Bill 1998 |
30.11 |
Environment, Communications,
Information Technology and the Arts Legislation |
Report—Film Licensed Investment
Company Bill 1998 and Taxation Laws Amendment (Film Licensed
Investment Company ) Bill 1998 |
2.12 |
Community Affairs Legislation |
Scrutiny of annual reports No. 2 of
1998 |
" |
Economics Legislation |
Examination of annual reports No. 2 of
1998 |
" |
Employment, Workplace Relations, Small
Business and Education Legislation |
Examination of annual reports No. 2 of
1998 |
" |
Environment, Communications,
Information Technology and the Arts Legislation |
Review of annual reports 1996-97 |
" |
Finance and Public Administration
Legislation |
Annual reports tabled November
1997-June 1998 |
" |
Foreign Affairs, Defence and Trade
Legislation |
Scrutiny of annual reports No. 2 of
1998 |
" |
Rural and Regional Affairs and
Transport Legislation |
Examination of annual reports No. 1 of
1998 |
" |
Legal and Constitutional
Legislation |
Report—Annual Reports |
" |
Community Affairs Legislation |
Report—Australian Radiation
Protection and Nuclear Safety Bills |
" |
Rural and Regional Affairs and
Transport Legislation |
Report—Wool International
Amendment Bill 1998 |
3.12 |
Community Affairs Legislation |
Report—Australian Hearing
Services Reform Bill 1998 |
8.12 |
Environment, Communications,
Information Technology and the Arts Legislation |
Report—Broadcasting Services
Amendment Bill 1998 |
8.12 |
Community Affairs Legislation |
Report—Private Health Insurance
Incentive Bills |
9.12 |
Privileges |
74th Report—Possible
unauthorised disclosure of parliamentary committee proceedings |
" |
Regulations and Ordinances |
Spring sittings 1998 |
" |
Scrutiny of Bills |
11th Report |
" |
Community Affairs References |
Report—Child Care Funding |
Inquiries: Clerk's Office
(02) 6277 3364