Alert Digest
No. 6 of 2004
12 May 2004
ISSN 1329-668X
Members of the
Committee
Senator T Crossin
(Chair)
Senator
B Mason
(Deputy Chairman)
Senator
G Barnett
Senator
D Johnston
Senator
J McLucas
Senator
A Murray
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.
TABLE OF CONTENTS
Anti-terrorism Bill 2004
[Introduced into the
House of Representatives on 31 March 2004. Portfolio: Attorney-General]
The bill amends various Acts to improve Australia’s
counter-terrorism legal framework. The main provisions:
-
extend fixed investigation periods for
investigations into suspected terrorism offences and permit law enforcement
agencies to suspend or delay questioning a suspect to make overseas inquiries;
-
strengthen foreign incursions offences;
-
strengthen terrorist organisation membership
offences and offences of providing training to or receiving training from a
terrorist organisation; and
-
improve restrictions on any commercial
exploitation by persons who have committed foreign indictable offences.
The bill
also contains application provisions.
Personal rights
Schedule 1, item 5
Proposed new subsection 23CA(4) of the Crimes Act 1914, to be inserted by item 5 of Schedule 1 to this bill,
would permit law enforcement authorities to detain a person for up to four
hours after the person’s arrest before he or she must be taken before a
judicial officer to determine whether the person’s detention is to continue.
The Explanatory Memorandum acknowledges that, at common law, a person must be
brought before a judicial officer as soon as possible after arrest. This
provision will therefore limit and trespass to some extent upon the personal
rights and liberties of an arrested person.
The Committee has decided that the question of whether this
amendment trespasses unduly on those
rights and liberties is a matter to be left for a decision by the Senate
as a whole.
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.
Child Support Legislation Amendment Bill 2004
[Introduced into the
House of Representatives on 31 March 2004. Portfolio: Family and Community Services]
The bill amends various Acts to give effect to minor policy
measures in relation to child support. The main provisions:
-
move into the principal legislation those
provisions currently contained in regulations relating to overseas maintenance
arrangements;
-
make minor and consequential amendments to the
family law legislation;
-
improve equity between parents in access to
courts and streamlining of certain review processes; and
-
make minor and technical amendments in relation
to child support.
Retrospective commencement
Schedule 3, item 10
By virtue of item 8
in the table in subclause 2(1), the amendments proposed in item 10 of Schedule
3 to this bill would commence retrospectively, immediately after the commencement
of item 7 of Schedule 10 to the Child
Support Legislation Amendment Act 2001, on 30 June 2001. As a matter of practice the Committee draws
attention to any bill which seeks to have retrospective impact and will comment
adversely where such a bill has a detrimental effect on people. However, the
Explanatory Memorandum makes it clear that the purpose of the amendment is ‘to
override [a] superfluous amendment.’ The Explanatory Memorandum continues by
assuring that ‘no person will be adversely affected by this retrospective
commencement.’
In the circumstances, the Committee makes no further comment on this
provision.
Customs Tariff Amendment (Fuels) Bill 2004
[Introduced into the
House of Representatives on 1 April 2004. Portfolio: Justice and Customs]
Introduced with the
Excise Tariff Amendment (Fuels) Bill 2004, the bill amends the Customs Tariff Act 1995 to:
-
impose new differential customs duty rates for
high sulphur diesel and ultra low sulphur diesel and certain similar products;
-
increase the customs duty rate for aviation
kerosene and aviation gasoline; and
-
introduce a customs duty on biodiesel for use as
a fuel in an internal combustion engine.
The
bill also amends the Customs Tariff
Amendment Act (No. 1) 2003 to make minor consequential amendments.
Retrospective commencement
Schedule 1, Parts 1 to 5
By virtue of items 2
to 6 inclusive in the table in subclause 2(1), the amendments proposed in Parts
1 to 5 of Schedule 1 to this bill would commence retrospectively on various
dates between 1 July 2003 and 18 September 2003. As a matter of practice the Committee draws
attention to any bill which seeks to have retrospective impact and will comment
adversely where such a bill has a detrimental effect on people. However, the
Explanatory Memorandum notes that each of these amendments gives effect to a
Customs Tariff Proposal which was introduced into the House of Representatives
prior to its proposed date of effect. The Committee has, in the past, been
prepared to accept a measure of retrospectivity in these circumstances.
In the circumstances, the Committee makes no further comment on these
provisions.
Retrospective commencement
Schedule 3
By virtue of item 9
in the table in subclause 2(1), the amendments proposed in Schedule 3 to this bill
would commence retrospectively, immediately after the commencement of section 1
of the Customs Tariff Amendment Act (No.
1) 2003, on 30 June 2003. As a matter of practice the Committee draws
attention to any bill which seeks to have retrospective impact and will comment
adversely where such a bill has a detrimental effect on people. However, the
Explanatory Memorandum indicates that the purpose of the amendments is to
repeal matter which has become redundant by the terms of this bill or
superseded by this bill.
In the circumstances, the Committee makes no further comment on this
provision.
Electoral and Referendum Amendment (Access to Electoral Roll and
Other Measures) Bill 2004
[Introduced into the
House of Representatives on 1 April 2004. Portfolio: Special Minister of State]
The bill amends the Commonwealth Electoral Act 1918 and the Referendum (Machinery Provisions) Act 1984 to:
-
address current enrolment issues, clarify and
improve access rights to the electoral roll and specify the permitted purposes
for which prescribed authorities can use roll information;
-
update provisions relating to the lead-up to
election day including preparations undertaken by the Australian Electoral
Commission, political parties, candidates and others, and procedures for
nomination of candidates;
-
update processes for voting, including postal
voting, and the distribution of electoral material at mobile polls;
-
update provisions relating to the operation of
polling booths on election day, the roll of scrutineers and political broadcasting
at polling booths;
-
streamline procedures for the return of election
results attached to the writs; and
-
update appeal provisions.
The bill also
contains application, saving and transitional provisions.
The Committee has no comment on this bill.
Electoral and Referendum Amendment (Enrolment Integrity and Other
Measures) Bill 2004
[Introduced into the
House of Representatives on 1 April 2004. Portfolio: Special Minister of State]
The bill amends the Commonwealth Electoral Act 1918 and the Electoral
and Referendum Amendment Act (No. 1) 1999 to strengthen provisions relating to:
-
enrolment and voting processes, including proof
of identity and address arrangements, and closure of electoral rolls;
-
prisoners’ rights to vote;
-
financial disclosure thresholds;
-
the provision of certain voting information to
political parties and independent members of parliament;
-
the removal of the requirement for broadcasters
and publishers to lodge returns on electoral advertising during an election
period;
-
multiple voting and enrolment offences;
-
the restriction of scrutineers’ activities in
relation to assisted votes;
-
reinstatement on the electoral roll; and
-
registration of party names.
The bill also amends
the Public Employment (Consequential and
Transitional) Amendment Act 1999 to make a technical amendment, and the Referendum (Machinery Provisions) Act 1984 to
strengthen ‘silent elector’ protections and clarify minimum disclosure
provisions.
The bill also contains
application and transitional provisions.
Commencement on proclamation
Schedule 1, items 5, 9, 12, 16, 19, 42, 78 and 116
By virtue of items
3, 5, 8, 11,14, 18, 24 and 30 in the table in subclause 2(1), the amendments
proposed in items 5, 9, 12, 16, 19, 42, 78 and 116 of Schedule 1 to this bill
would commence on proclamation, with no date being fixed within which the
amendments must commence in any event. The Committee expects that where
legislation is expressed to commence on proclamation, the date should be no
later than 6 months after the Parliament passes the relevant measure. Where the
period will be longer, the Committee expects that the explanatory memorandum
will provide an explanation for the delayed commencement. In this case, the
Explanatory Memorandum indicates that these amendments are concerned with proof
of identity and address at enrolment, and are ‘subject to regulations being
developed in consultation with the States and Territories and possible
complementary State and Territory legislation’. These factors are put forward
as the reasons for there being no date by which the provisions must commence in
any event.
The Committee,
however, seeks the Minister’s advice
as to whether the measures proposed in these amendments need to be confirmed
prior to any relevant election date. The Committee also seeks the Minister’s advice as to whether the bill might provide for
these amendments to be deemed to be repealed if they have not commenced within
12 months of assent.
Pending the Minister’s advice, the Committee draws Senators’ attention
to the provisions, as they 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.
The voting rights of prisoners
Schedule 1, items 6 to 7 and 18
The amendments
proposed by items 6 and 7 and 18 of Schedule 1 will abrogate the rights of all
persons serving a term of imprisonment to enrol and vote in a federal election.
This is a change in the law that was originally proposed in the Electoral and
Referendum Amendment Bill (No.2) 1998, and on which the Committee reported in
its Seventh Report of 1998. This
change in the law was again proposed in the Electoral and Referendum Amendment
(Roll Integrity and Other Measures) Bill 2002.
In the Seventh Report of 1998, the Committee noted
that this issue had been debated for many years, and concluded that it was
possible ‘that voters may be dealt with differently depending on the nature of
their sentence and the effectiveness of notification procedures in the various
States and Territories’. Accordingly, the Committee drew attention to the
possible effect of that provision on personal rights and liberties.
The Committee
reaffirms these comments in relation to this bill.
The Committee
considers that this may be a matter more appropriately dealt with at the time
of sentencing. The Committee therefore seeks
the minister’s advice as to whether this is a matter that could more
appropriately be dealt with under the Criminal Code, thus allowing judicial
officers to determine whether a person should lose their voting rights at the
time of sentencing.
Pending the Minister’s advice, the Committee draws Senators’ attention
to the provisions, as they 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.
Commencement on proclamation
Schedule 1, items 10, 13, 17, 37, 45, 62, 63 and 106 to 109
By virtue of items
6, 9, 12, 16, 20, 22 and 28 in the table in subclause 2(1), the amendments
proposed in items 10, 13, 17, 37, 45, 62, 63 and 106 to 109 of Schedule 1 to
this bill would commence on proclamation, with no date being fixed within which
the amendments must commence in any event. The Committee expects that where
legislation is expressed to commence on proclamation, the date should be no
later than 6 months after the Parliament passes the relevant measure. Where the
period will be longer, the Committee expects that the Explanatory Memorandum
will provide an explanation for the delayed commencement. In this case, the
Explanatory Memorandum indicates that these amendments ‘change the time when
the electoral rolls close prior to an election for the addition of new
enrolments and changes to existing enrolment details.’ The Explanatory Memorandum
further notes that ‘complementary State legislation will be required to enable
?implementation of the provisions’ and therefore can commence only on
proclamation.
The Committee,
however, seeks the Minister’s advice
as to whether the measures proposed in these amendments need to be confirmed
prior to any relevant election date. The Committee also seeks advice at to whether the bill might provide for these
amendments to be deemed to be repealed if they have not commenced within 12
months of assent.
Pending the Minister’s advice, the Committee draws Senators’ attention
to the provisions, as they 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.
Retrospective commencement
Schedule 1, items 104 and 105
By virtue of item 27
in the table in subclause 2(1), the amendments proposed in items 104 and 105 of
Schedule 1 to this bill would commence retrospectively, immediately after the
commencement of items 764 and 765 of Schedule 1 to the Public Employment (Consequential and Transitional) Amendment Act 1999,
on 5 December 1999. As a matter of practice the Committee draws attention to
any bill which seeks to have retrospective impact and will comment adversely
where such a bill has a detrimental effect on people. However, the Explanatory
Memorandum points out that the purpose of these amendments is to change a
spelling error, and that they make no change to the substantive law.
In the circumstances, the Committee makes no further comment on these
provisions.
Excise Tariff Amendment (Fuels) Bill 2004
[Introduced into the
House of Representatives on 1 April 2004. Portfolio: Treasury]
Introduced with the
Customs Tariff Amendment (Fuels) Bill 2004, the bill amends the Excise Tariff Act 1921 to:
-
provide for new differential excise duty rates
for high sulphur diesel and ultra low sulphur diesel and certain similar
products;
-
increase the excise duty rate for aviation
kerosene and aviation gasoline;
-
introduce an excise duty on biodiesel for use as
a fuel in an international combustion engine; and
-
enable previously paid duties to be deducted in
the formula for calculating excise duty payable on fuel ethanol/gasoline blends.
Retrospective commencement
Schedule 1, Parts 1 to 4
By virtue of items 2
to 5 inclusive in the table in subclause 2(1), the amendments proposed in Parts
1 to 4 of Schedule 1 to this bill would commence retrospectively on various
dates between 1 July 2003 and 1 January 2004. As a matter of practice the Committee draws
attention to any bill which seeks to have retrospective impact and will comment
adversely where such a bill has a detrimental effect on people. However, the
Explanatory Memorandum notes that each of these amendments gives effect to an
Excise Tariff Proposal which was introduced into the House of Representatives
prior to its proposed date of effect. The Committee has, in the past, been
prepared to accept a measure of retrospectivity in these circumstances.
In the circumstances, the Committee makes no further comment on these
provisions.
Family Law Amendment Bill 2004
[Introduced into the
House of Representatives on 1 April 2004. Portfolio: Attorney-General]
The bill amends the Family Law Act 1975 to:
-
address bankruptcy and family law issues identified in
the Joint Task Force Report on the Use of
Bankruptcy and Family Law Schemes to Avoid Payment of Tax, and in respect
of separation declarations;
-
clarify provisions associated with ‘unworkable’
parenting orders and the enforcement of court orders;
-
update certain outdated terms (including
introduction of the term ‘divorce’);
-
enable the recovery of child maintenance paid by
a person found not to be a parent;
-
strengthen the Court’s power in relation to
vexatious litigants;
-
clarify the rule-making power of the Family Court;
and
-
make technical amendments.
The Committee has no comment on this bill.
Health Legislation Amendment (Podiatric Surgery and Other Matters)
Bill 2004
[Introduced into the
House of Representatives on 1 April 2004. Portfolio: Health and Ageing]
The bill amends various Acts in relation to health and
ageing measures. The main provisions:
-
provide for payment of benefits for hospital
treatment associated with podiatric surgery;
-
update arrangements for the provision of
Hospital Casemix Protocol data;
-
provide for the continuing supply of
pharmaceutical benefits in the event of the death of an approved pharmacist;
and
Retrospective commencement
Schedule 1, items 15 and 16
By virtue of item 5
in the table in subclause 2(1), the amendments proposed in items 15 and 16 of
Schedule 1 to this bill would commence retrospectively, immediately after the
commencement of sections 21 and 24 of the Health
and Other Services (Compensation) Act 1995, on 1 February 1996. As a matter
of practice the Committee draws attention to any bill which seeks to have
retrospective impact and will comment adversely where such a bill has a
detrimental effect on people. However, the Explanatory Memorandum indicates
that the purpose of the amendments is to amend minor typographical errors.
In the circumstances, the Committee makes no further comment on this
provision.
Retrospective commencement
Schedule 1, items 17 and 18
By virtue of item 6
in the table in subclause 2(1), the amendments proposed in items 17 and 18 of
Schedule 1 to this bill would commence retrospectively, immediately after the
commencement of item 8 of Schedule 1 to the Health
Insurance Amendment (Diagnostic Imaging, Radiation Oncology and Other Measures)
Act 2003, on 15 April 2003. As a matter of practice the Committee draws
attention to any bill which seeks to have retrospective impact and will comment
adversely where such a bill has a detrimental effect on people. However, the
Explanatory Memorandum indicates that the purpose of the amendments is to
correct an earlier drafting error.
In the circumstances, the Committee makes no further comment on this
provision.
Industrial Chemicals (Notification and Assessment) Amendment (Low
Regulatory Concern Chemicals) Bill 2004
[Introduced into the
House of Representatives on 31 March 2004. Portfolio: Health and Ageing]
The bill amends the Industrial Chemicals (Notification and
Assessment) Act 1989 to:
-
establish a new process for audited
self-assessment for Low Regulatory Concern Chemicals categories, including an
audited self-assessed assessment certificate for certain low regulatory concern
chemicals;
-
create new permit categories for low hazard
and/or low concern chemicals;
-
amend the definition of ‘cosmetics’ to align it
with the definition used under the Trade Practices legislation;
-
insert an option to enable industry to nominate
an assessed chemical for immediate inclusion on the Australian Inventory of
Chemical Substances (AICS);
-
provide the Director of the National Industrial
Chemicals Notification and Assessment Scheme with the ability to put the
particulars of a chemical, including any conditions to which it is subject, on
the Australian Inventory of Chemical Substances (AICS) and making these
conditions enforceable under the Act; and
-
introduce mandatory company registration for all
chemical introducers.
Abrogation of the privilege against self-incrimination
Proposed new section 40M
Proposed new section
40M of the Industrial Chemicals
(Notification and Assessment) Act 1989, to be inserted by item 124 of
Schedule 1 to this bill, would abrogate the privilege against
self-incrimination for a person required to provide information under proposed
new section 40L. However, section 40M also limits the circumstances in which
information so provided is admissible in evidence in proceedings against the
affected person. The Committee is therefore prepared to accept that this
strikes a reasonable balance between the competing interests of obtaining
information and protecting individuals’ rights.
In the circumstances, the Committee makes no further comment on this
provision.
New International Tax Arrangements (Participation Exemption and
Other Measures) Bill 2004
[Introduced into the
House of Representatives on 1 April 2004. Portfolio: Treasury]
The bill amends various Acts to modernise Australia’s
international tax regime. The main provisions:
-
reduce the amount of the capital gain or capital
loss that will be subject to capital gains tax rules where Australian companies
and controlled foreign companies sell shares in a foreign company with an
underlying active business;
-
extend the current exemptions for foreign branch
profits and foreign dividends to all countries from 1 July 2004; and
-
reduce the scope of tainted services income.
The bill also contains application provisions.
The Committee has no comment on this bill.
Occupational Health and Safety (Commonwealth Employment) Amendment
(Promoting Safer Workplaces) Bill 2004
[Introduced into the
House of Representatives on 1 April 2004. Portfolio: Employment and Workplace Relations]
The bill amends the Occupational Health and Safety (Commonwealth
Employment) Act 1991 to exclude Commonwealth employers and employees from
the application of the ACT industrial manslaughter laws and any other similar
industrial manslaughter law enacted by a State or Territory in the future.
The Committee has no comment on this bill.
Parliamentary Superannuation and Other Entitlements Legislation
Amendment Bill 2004
[Introduced into the
House of Representatives on 1 April 2004. Portfolio: Finance and Administration]
Introduced with the
Parliamentary Superannuation Bill 2004, the bill amends the following Acts:
-
Parliamentary
Contributory Superannuation Act 1948 to close the Parliamentary
Contributory Superannuation Scheme to new members from the next general
election, and suspend retiring allowances being paid to former senators and
members who are again elected at or after the next general election; and the
-
Parliamentary
Contributory Superannuation Act 1948 and the Remuneration and Allowances Act 1990 to allow a limited salary
sacrifice facility for senators and members who are entitled to superannuation
under the new arrangements.
The Committee has no comment on this bill.
Parliamentary Superannuation Bill 2004
[Introduced into the
House of Representatives on 1 April 2004. Portfolio: Finance and Administration]
Introduced with the Parliamentary Superannuation and Other
Entitlements Legislation Amendment Bill 2004, the bill establishes new
superannuation arrangements for persons who become members of the Federal
Parliament at or after the next general election. The new arrangements will
involve a 9 per cent contribution payable into a superannuation fund nominated
by the senator or member.
The Committee has no comment on this bill.
Tax Laws Amendment (2004 Measures No. 2) Bill 2004
[Introduced into the
House of Representatives on 1 April 2004. Portfolio: Treasury]
The bill amends various Acts to give effect to several
taxation measures. The main provisions:
-
improve the practical operation of the income
tax law affecting life insurance companies;
-
give greater flexibility and certainty to
taxpayers as they move to the new consolidation regime;
-
clarify the tax concession status of venture
capital partnerships; and the tax treatment of franked distributions received
through certain partnerships and trusts;
-
continue certain fringe benefits tax (FBT)
treatments for non-remote housing benefits;
-
ensure that the pre-CGT status of membership
interests is fully preserved following a demerger and a capital gains tax event
K6 is not inadvertently triggered;
-
ensure that individuals who make United Medical
Protection Limited support payments are entitled to an income tax deduction;
-
amend the alienation of personal services income
provisions to clarify when the Commissioner of Taxation may provide a personal
services business determination to taxpayers;
-
clarify the GST insurance provisions applying to
compulsory third party schemes;
-
provide for the same FBT treatment of public ambulance
services as is provided to public hospitals; and
-
facilitate the transfer of overseas
superannuation payments to an Australian complying superannuation fund by
implementing a more favourable tax regime, and to make technical corrections to
foreign tax credit provisions.
The bill also contains
application and transitional provisions.
Retrospectivity
Schedule 1, items 1 to 107
By virtue of items 2
to 11 in the table in subclause 2(1), the amendments proposed in items 1 to 107
of Schedule 1 to this bill would commence on various dates between 30 June
2000 and 17
December 2003. As a
matter of practice the Committee draws attention to any bill which seeks to
have retrospective impact and will comment adversely where such a bill has a
detrimental effect on people. However, the Explanatory Memorandum notes that
some of the amendments proposed in that Schedule ‘will potentially have an
adverse impact on taxpayers, and therefore apply from the date that the bill
receives Royal Assent’. The Explanatory Memorandum also notes that the
amendments in Schedule 1 as a whole will have a negligible financial impact.
In the circumstances, the Committee makes no further comment on this
provision.
Retrospectivity
Schedule 10, items 1 to 40
By virtue of items
22 to 25 in the table in subclause 2(1), the amendments proposed in items 1 to
40 of Schedule 10 to this bill would commence on various dates between 1 July
2000 and 30 June
2003. As a matter of
practice the Committee draws attention to any bill which seeks to have
retrospective impact and will comment adversely where such a bill has a
detrimental effect on people. However, the Explanatory Memorandum notes that
the major amendments to be made by Schedule 10 will have no impact on revenue,
and that other amendments to be made by the Schedule will have a ‘small,
positive but unquantifiable impact on revenue.’
In the circumstances, the Committee makes no further comment on this
provision.
Retrospective application
Schedule 2, item 1
By virtue of item 1
of Schedule 2 to this bill, the amendments proposed by that Schedule will
generally apply on and after 1 July 2002. As a matter of practice the Committee draws
attention to any bill which seeks to have retrospective impact and will comment
adversely where such a bill has a detrimental effect on people. However, the
Explanatory Memorandum points out that those ‘amendments are either beneficial
to taxpayers or ? correct unintended outcomes’ in the legislation.
In the circumstances, the Committee makes no further comment on this
provision.
Retrospective application
Schedule 3, item 6
By virtue of item 6
of Schedule 3 to this bill, the amendments proposed by that Schedule will apply
from 2 December 2003.
As a matter of practice the Committee draws attention to any bill which seeks
to have retrospective impact and will comment adversely where such a bill has a
detrimental effect on people. However, the Explanatory Memorandum points out
that the financial impact of the proposals is nil.
In the circumstances, the Committee makes no further comment on this
provision.
Retrospective application
Schedule 4, item 2
By virtue of item 2
of Schedule 4 to this bill, the amendments proposed by that Schedule will apply
from 1 April 2001.
As a matter of practice the Committee draws attention to any bill which seeks
to have retrospective impact and will comment adversely where such a bill has a
detrimental effect on people. However, the Explanatory Memorandum points out
that the financial impact of the proposals is nil.
In the circumstances, the Committee makes no further comment on this
provision.
Retrospective application
Schedule 5, item 2
By virtue of item 2
of Schedule 5 to this bill, the amendments proposed by that Schedule will apply
from 1 July 2002.
As a matter of practice the Committee draws attention to any bill which seeks
to have retrospective impact and will comment adversely where such a bill has a
detrimental effect on people. However, the Explanatory Memorandum points out
that the financial impact of the proposals is nil.
In the circumstances, the Committee makes no further comment on this
provision.
Retrospective application
Schedule 6, item 4
By virtue of item 4
of Schedule 6 to this bill, the amendments proposed by that Schedule will apply
from 1 July 2003.
As a matter of practice the Committee draws attention to any bill which seeks
to have retrospective impact and will comment adversely where such a bill has a
detrimental effect on people. However, the Explanatory Memorandum observes that
the amendments are beneficial to members of the medical profession who made
United Medical Protection Ltd support payments.
In the circumstances, the Committee makes no further comment on this
provision.
Retrospective application
Schedule 7, item 14
By virtue of item 14
of Schedule 7 to this bill, the amendments proposed by that Schedule will apply
from 1 July 2000.
As a matter of practice the Committee draws attention to any bill which seeks
to have retrospective impact and will comment adversely where such a bill has a
detrimental effect on people. However, the Explanatory Memorandum points out
that the financial impact of the proposals is nil.
In the circumstances, the Committee makes no further comment on this
provision.
Retrospective application
Schedule 11, item 5
By virtue of item 5
of Schedule 11 to this bill, the amendments proposed by that Schedule will
apply from the same date as the provisions amended by that Schedule. As a
matter of practice the Committee draws attention to any bill which seeks to
have retrospective impact and will comment adversely where such a bill has a
detrimental effect on people. However, the Explanatory Memorandum notes that
the ‘amendments have retrospective effect to correct a technical problem with
the current application of the relevant provisions’ and that the financial
impact of the proposals is nil.
In the circumstances, the Committee makes no further comment on this
provision.
Retrospective application
Schedule 12, item 9
By virtue of item 9
of Schedule 12 to this bill, the amendments proposed by Part 1 of that Schedule
will apply from the 2000/2001 tax year. As a matter of practice the Committee
draws attention to any bill which seeks to have retrospective impact and will
comment adversely where such a bill has a detrimental effect on people. However,
the Explanatory Memorandum points out that the financial impact of the
proposals is ‘unquantifiable’ but ‘is expected to be insignificant.’
In the circumstances, the Committee makes no further comment on this
provision.
Tourism Australia
Bill 2004
[Introduced into the
House of Representatives on 1 April 2004. Portfolio: Small Business and Tourism]
The bill establishes Tourism Australia,
which will amalgamate the functions of the Australian Tourist Commission, See
Australia, the Tourism Forecasting Council and the Bureau of Tourism Research,
and a new unit, Tourism Events Australia. Tourism Australia
will be responsible for international and domestic tourism marketing and
research.
The bill also contains a
regulation-making power.
The Committee has no comment on this bill.
Veterans’ Entitlements (Clarke Review) Bill 2004
[Introduced into the
House of Representatives on 1 April 2004. Portfolio: Veterans’ Affairs]
The bill provides for a once
only payment to former prisoners-of-war of the North Korean military forces, or
their surviving spouse, and amends the Veterans’
Entitlements Act 1986 to:
-
index above general rate disability pensions;
-
introduce a Defence Force Income Support
Allowance;
-
ensure appropriate rent assistance for war
widows and widowers;
-
increase funeral benefits; and
-
extend operational service to personnel involved
in minesweeping and bomb/mine clearance operations after World War II who have
qualifying service.
The bill also contains an
application provision.
Retrospectivity
Schedule 1
By virtue of item 2
in the table in subclause 2(1), the amendment proposed in Schedule 1 to this bill
would commence on 20 March 2004, and therefore to some extent
retrospectively. As a matter of practice the Committee draws attention to any
bill which seeks to have retrospective impact and will comment adversely where
such a bill has a detrimental effect on people. However, the Explanatory
Memorandum makes it clear that those amendments are beneficial to recipients of
various disability pensions.
In the circumstances, the Committee makes no further comment on this
provision.
Retrospectivity
Schedule 5
By virtue of item 7
in the table in subclause 2(1), the amendment proposed in Schedule 5 to this bill
would commence on 1 April 2004, and therefore to some extent
retrospectively. As a matter of practice the Committee draws attention to any
bill which seeks to have retrospective impact and will comment adversely where
such a bill has a detrimental effect on people. However, the Explanatory
Memorandum makes it clear that those amendments are ‘beneficial because, in
certain circumstances, disability pension may be payable from 1 April
2004.’
In the circumstances, the Committee makes no further comment on this
provision.
Workplace Relations Amendment (Good Faith Bargaining) Bill 2004
[Introduced into the
House of Representatives on 29 March 2004 by Mr Emerson as a Private Member’s bill.]
The bill amends the Workplace
Relations Act 1996 to insert a requirement to negotiate in good
faith when negotiating in the workplace.
The Committee has no comment on this bill.
Provisions of bills which impose criminal sanctions for a failure to provide information
The
Committee’s Eighth Report of 1998
dealt with the appropriate basis for penalty provisions for offences involving
the giving or withholding of information. In that Report, the Committee
recommended that the Attorney-General develop more detailed criteria to ensure
that the penalties imposed for such offences were ‘more consistent, more
appropriate, and make greater use of a wider range of non-custodial penalties’.
The Committee also recommended that such criteria be made available to
Ministers, drafters and to the Parliament.
The
Government responded to that Report on 14 December
1998.
In that response, the Minister for Justice referred to the ongoing development
of the Commonwealth Criminal Code,
which would include rationalising penalty provisions for ‘administration of
justice offences’. The Minister undertook to provide further information when
the review of penalty levels and applicable principles had taken place.
For
information, the following Table sets out penalties for ‘information-related’
offences in the legislation covered in this Digest.
The Committee notes that imprisonment is still prescribed as a penalty for some
such offences.
TABLE
|
Bill/Act
|
Section/Subsection
|
Offence
|
Penalty
|
|
Industrial Chemicals (Notification and Assessment)
Amendment (Low Regulatory Concern Chemicals) Bill 2004
|
Proposed new subsection 40L(3)
|
Fail to provide information to a public authority
|
60 penalty units
|
Parliamentary amendments and the committees terms of reference
Amendments in the House of Representatives
(29 March to 1 April 2004)
Agriculture, Fisheries and
Forestry Legislation Amendment Bill (No. 2) 2003: The House of Representatives amended this bill on 30 March 2004. The amendments raise no issues within the
Committee’s terms of reference.
Intelligence Services
Amendment Bill 2003: The House of Representatives amended this bill on 30 March 2004. The amendments raise no issues within the
Committee’s terms of reference.
Amendments in the Senate
(29 March to 1 April 2004)
Age Discrimination Bill 2003: The Senate amended this bill on 29 March
2004. The amendments raise no
issues within the Committee’s terms of reference.
Communications Legislation Amendment Bill (No. 2)
2003: The Senate amended this bill on
1
April 2004. The amendments
raise no issues within the Committee’s terms of reference.
Energy Grants (Cleaner Fuels) Scheme Bill 2003: The Senate amended this bill on 31 March
2004. The amendments raise no
issues within the Committee’s terms of reference.
Family Assistance Legislation Amendment (Extension of
Time Limits) Bill 2003: The Senate amended this bill on 31 March 2004. The amendments raise no issues within the
Committee’s terms of reference.
Migration Legislation Amendment Bill (No. 1)
2002: The Senate amended this bill on
30 March
2004. The amendments raise no
issues within the Committee’s terms of reference.
Military Rehabilitation and Compensation Bill 2003: The Senate amended this bill on 29 March
2004. The amendments raise no
issues within the Committee’s terms of reference.
Military Rehabilitation and Compensation (Consequential
and Transitional Provisions) Bill 2003:
The Senate amended this bill on 29 March 2004. The amendments raise no issues within the
Committee’s terms of reference.
Superannuation Legislation Amendment (Family Law) Bill
2002: The Senate amended this bill on
1
April 2004. The amendments
raise no issues within the Committee’s terms of reference.
Telecommunications (Interception) Amendment Bill 2004: The Senate amended this bill on 1 April 2004. The amendments raise no issues within the
Committee’s terms of reference.