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Scrutiny Digest 6 of 2017 The Senate Standing Committee for the Scrutiny of Bills Scrutiny Digest 6 of 2017 14 June 2017 © Commonwealth of Australia 2017 ISSN 2207-2004 (print) ISSN 2207-2012 (online) This document was prepared by the Senate Standing Committee for the Scrutiny of Bills and printed by the Senate Printing Unit, Department of the Senate, Parliament House, Canberra. ii Members of the Committee Current members Senator Helen Polley (Chair) ALP, Tasmania Senator John Williams (Deputy Chair) NATS, New South Wales Senator Jonathon Duniam LP, Tasmania Senator Jane Hume LP, Victoria Senator Janet Rice AG, Victoria Senator Murray Watt ALP, Queensland Secretariat Ms Anita Coles, Secretary Mr Glenn Ryall, Principal Research Officer Ms Ingrid Zappe, Legislative Research Officer Committee legal adviser Associate Professor Leighton McDonald Committee contacts PO Box 6100 Parliament House Canberra ACT 2600 Phone: 02 6277 3050 Email: [email protected] Website: http://www.aph.gov.au/senate_scrutiny iii TABLE OF CONTENTS Membership of the committee ............................................................................... iii Terms of reference .................................................................................................... ix Introduction ................................................................................................................ xi Chapter 1 – Initial scrutiny Commentary on bills Appropriation Bill (No. 1) 2017-2018 ...................................................................... 1 Appropriation Bill (No. 2) 2017-2018 ...................................................................... 7 Appropriation (Parliamentary Departments) Bill (No. 1) 2017-2018 ................... 12 Australian Education Amendment Bill 2017 ......................................................... 13 Clean Energy Finance Corporation Amendment (Carbon Capture and Storage) Bill 2017 ................................................................................................................. 19 Comcare and Seacare Legislation Amendment (Pension Age and Catastrophic Injury) Bill 2017 ...................................................................................................... 20 Customs Tariff Amendment (Tobacco Duty Harmonisation) Bill 2017 ................. 21 Education Legislation Amendment (Provider Integrity and Other Measures) Bill 2017 ................................................................................................................. 22 Excise Tariff Amendment (Tobacco Duty Harmonisation) Bill 2017 ..................... 25 Foreign Acquisitions and Takeovers Fees Imposition Amendment (Fee Streamlining and Other Measures) Bill 2017 ........................................................ 26 Government Procurement (Judicial Review) Bill 2017 ......................................... 27 Higher Education Support Legislation Amendment (A More Sustainable, Responsive and Transparent Higher Education System) Bill 2017 ....................... 29 Imported Food Control Amendment Bill 2017 ...................................................... 30 Industrial Chemicals Bill 2017................................................................................ 35 Industrial Chemicals (Consequential Amendments and Transitional Provisions) Bill 2017 ................................................................................................................. 38 Industrial Chemicals Charges (General) Bill 2017 ................................................. 40 Industrial Chemicals Charges (Customs) Bill 2017 ................................................ 42 Industrial Chemicals Charges (Excise) Bill 2017 .................................................... 43 Industrial Chemicals (Notification and Assessment) Amendment Bill 2017 ........ 44 International Monetary Agreements Amendment Bill 2017 ................................ 45 v Major Bank Levy Bill 2017 ....................................................................................... 46 Medicare Guarantee (Consequential Amendments) Bill 2017 ............................... 48 Medicare Guarantee Bill 2017 ................................................................................ 49 National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Bill 2017 .......................................................... 50 Public Service Amendment (Supporting a Regional Workforce) Bill 2017 ............. 56 Safe Work Australia Amendment (Role and Functions) Bill 2017 .......................... 57 Social Services Legislation Amendment (Ending Carbon Tax Compensation) Bill 2017 .................................................................................................................. 58 Social Services Legislation Amendment (Energy Assistance Payment and Pensioner Concession Card) Bill 2017 ..................................................................... 59 Social Services Legislation Amendment (Queensland Commission Income Management Regime) Bill 2017 .............................................................................. 60 Social Services Legislation Amendment (Relieving Domestic Violence Victims of Debt) Bill 2017 .................................................................................................... 61 Statute Update (Winter 2017) Bill 2017 ................................................................. 62 Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Bill 2017 ............. 63 Treasury Laws Amendment (2017 Measures No. 2) Bill 2017 ............................... 64 Treasury Laws Amendment (Accelerated Depreciation For Small Business Entities) Bill 2017 .................................................................................................... 66 Treasury Laws Amendment (Enterprise Tax Plan No. 2) Bill 2017 ......................... 67 Treasury Laws Amendment (Foreign Resident Capital Gains Withholding Payments) Bill 2017 ................................................................................................. 68 Treasury Laws Amendment (GST Integrity) Bill 2017 ............................................. 69 Treasury Laws Amendment (Major Bank Levy) Bill 2017 ....................................... 70 Treasury Laws Amendment (Medicare Levy and Medicare Levy Surcharge) Bill 2017 ................................................................................................................... 73 Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2017 ............... 74 Commentary on amendments and explanatory materials Social Security Legislation Amendment (Youth Jobs Path: Prepare, Trial, Hire) Bill 2016 ......................................................................................................................... 75 Chapter 2 – Commentary on Ministerial responses ASIC Supervisory Cost Recovery Levy Bill 2017 ...................................................... 77 vi Competition and Consumer Amendment (Exploitation of Indigenous Culture) Bill 2017 ..................................................................................................... 82 Competition and Consumer Amendment (Competition Policy Review) Bill 2017 ................................................................................................................... 89 Defence Legislation Amendment (2017 Measures No. 1) Bill 2017 ..................... 100 Electoral and Other Legislation Amendment Bill 2017 ........................................ 104 Fair Work Amendment (Pay Protection) Bill 2017 ............................................... 110 National Vocational Education and Training Regulator (Charges) Amendment (Annual Registration Charge) Bill 2017 ................................................................. 112 Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment Bill 2017 ........................................................................................... 116 Petroleum and Other Fuels Reporting Bill 2017 ................................................... 132 Prime Minister and Cabinet Legislation Amendment (2017 Measures No. 1) Bill 2017 ................................................................................................................. 140 Transport Security Amendment (Serious Crime) Bill 2016 ................................... 153 Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017 ........................... 157 Chapter 3 – Scrutiny of standing appropriations .............................................. 165 Appendix 1 Ministerial and other correspondence ................................................................. 167 vii 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 or the provisions of bills not yet before 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 on its terms of
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