Scrutiny of Bills Alert Digest No. 8 of 1998
Senate Standing Committee for The Scrutiny of Bills
24 June 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
Captioning for the Deaf and Hearing Impaired Bill 1998
Customs Tariff Amendment Bill (No. 2)1998
Employment Security Bill 1998
Employment Security Bill 1998 [No. 2]
Financial Accountability (Commonwealth support of non-public sector bodies)
Bill 1998
Health Care (Appropriation) Bill 1998
National Firearms Program Implementation Bill 1998
Passenger Movement Charge Amendment Bill 1998
Superannuation Legislation Amendment (Choice of Superannuation Funds)
Bill 1998
Taxation Laws Amendment (Farm Management Deposits) Bill 1998
Taxation Laws Amendment (Landcare and Water Facility Tax Offset) Bill
1998
Taxation Laws Amendment (Political Donations) Bill 1998
Uranium Mining in or near Australian World Heritage Properties (Prohibition)
Bill 1998
Veterans' Entitlements Amendment (Gold Card) Bill 1998
Captioning for the Deaf and Hearing Impaired Bill 1998
This bill was introduced into the Senate on 28 May 1998 by Senator Stott
Despoja as a Private Senator's bill.
The bill proposes to amend the Broadcasting Services Act 1992
to require that certain television programs are captioned from 1 July
2000, and all television broadcasts are captioned from 1 July 2010.
The bill also proposes to amend the Disability Discrimination Act
1992 to provide that, after 1 July 2002, a person will be taken to
have discriminated against someone with a hearing disability if that person
sells or hires a video which is not captioned, or a television set which
is not able to decode teletext.
The Committee has no comment on this bill.
Customs Tariff Amendment Bill (No. 2) 1998
This bill was introduced into the House of Representatives on 27 May
1998 by the Minister for Customs and Consumer Affairs. [Portfolio responsibility:
Customs and Consumer Affairs]
The bill proposes to amend the Customs Tariff Act 1995 to:
- phase out customs duty from inputs to the manufacture of information
industry equipment, effective from 1 July 1998;
- allow the duty free importation of certain other inputs to the manufacture
of information industries equipment; and
- make technical and consequential amendments.
The Committee has no comment on this bill.
Employment Security Bill 1998
This bill was introduced into the House of Representatives on 1 June
1998 by Mr McMullan as a Private Member's bill.
The bill proposes to amend the:
- Workplace Relations Act 1996 to:
- enable the Court or Commission, where it has made an order for
the reinstatement of an employee by an employer, to order that a
`related body corporate' may be deemed to be the employer; and
- hold liable a `related body corporate' for the payment of legal
entitlements of employees; and
- Corporations Law to:
- provide that when a company is in receivership, the Court can
make an order requiring a related body corporate to pay the company's
debts, including debts such as accrued entitlements to employees;
and
- enable creditors to bring proceedings for the recovery of debts
against directors of companies resulting from contravention of civil
penalty provisions.
The Committee has no comment on this bill.
Employment Security Bill 1998 [No. 2]
This bill was introduced into the Senate on 26 May 1998 by Senator Mackay
as a Private Senator's bill.
The bill proposes to amend the
- Workplace Relations Act 1996 to:
- enable the Court or Commission to make reinstatement orders against
companies related to a direct employer; and
- hold liable a `related body corporate' for the payment of legal
entitlements of employees; and
- Corporations Law to:
- provide that when a company is in receivership, the Court can
make an order requiring a related body corporate to pay the company's
debts, including debts such as accrued entitlements to employees;
and
- enable creditors to bring proceedings for the recovery of debts
against directors of companies resulting from contravention of civil
penalty provisions.
The Committee has no comment on this bill.
Financial Accountability (Commonwealth support of non-public sector
bodies) Bill 1998
This bill was introduced into the House of Representatives on 25 May
1998 by Mr Rocher as a Private Member's bill.
The bill proposes to require governments providing $50 000 or more of
support to a private sector enterprise to table details of the agreement
in the Parliament within seven sitting days of the support being agreed
to by the Minister.
The Committee has no comment on this bill.
Health Care (Appropriation) Bill 1998
This bill was introduced into the House of Representatives on 28 May
1998 by the Acting Minister for Health and Family Services. [Portfolio
responsibility: Health and Family Services]
The bill proposes to appropriate money to make a Commonwealth contribution
to the cost of health and emergency services that are currently or were
historically provided by hospitals in the States and Territories.
The Committee has no comment on this bill.
National Firearms Program Implementation Bill 1998
This bill was introduced into the House of Representatives on 27 May
1998 by the Attorney-General. [Portfolio responsibility: Attorney-General]
The bill complements the National Firearms Program Implementation
Act 1996 and the National Firearms Program Implementation Act 1997
and proposes to provide financial assistance to the external territories
of Norfolk Island, Cocos (Keeling) Islands and Christmas Island in connection
with the implementation of the national firearms program.
The bill proposes to reimburse persons for the surrender of certain firearms
and compensate firearms dealers for surrender of stock and associated
loss of business.
The Committee has no comment on this bill.
Passenger Movement Charge Amendment Bill 1998
This bill was introduced into the House of Representatives on 28 May
1998 by the Minister for Customs and Consumer Affairs. [Portfolio responsibility:
Industry, Science and Tourism]
The bill proposes to amend the Passenger Movement Charge Act 1978
to increase the rate of the passenger movement charge by $3, from $27
to $30, effective from 1 January 1999.
The Committee has no comment on this bill.
Superannuation Legislation Amendment (Choice of Superannuation Funds)
Bill 1998
This bill was introduced into the House of Representatives on 28 May
1998 by the Parliamentary Secretary (Cabinet) to the Prime Minister. [Portfolio
responsibility: Treasury]
The bill proposes to amend the following Acts:
- Superannuation Guarantee (Administration) Act 1992 to:
- require employers to make compulsory superannuation contributions
to a complying superannuation fund or retirement savings account
in compliance with the choice of fund requirements; and
- increase the amount of Superannuation Guarantee Charge payable
by the employer where these contributions do not comply with the
choice of fund requirements; and
- Retirement Savings Accounts Act 1997, the Superannuation
Industry (Supervision) Act 1993 and the proposed Workplace Relations
Amendment (Superannuation) Act 1998 to make consequential amendments.
Inappropriate delegation of legislative power
Schedule 1, item 2
Item 2 of Schedule 1 to the Act proposes to insert a number of new subsections
in the Superannuation Guarantee (Administration) Act 1992. Of these,
proposed new subsections 5(2) and 5(2A) make the Act subject to “such
modifications as are prescribed”. This would seem to permit the amendment
of the Act by regulation – an example of a `Henry VIII' clause –
and so may be regarded as an inappropriate delegation of legislative power.
Proposed new subsection 5(2C) will permit the Minister for Finance to
issue directions which “must be complied with, notwithstanding any
other law of the Commonwealth”. This would seem to permit the Minister
to override any other Commonwealth law – another example of a `Henry
VIII' clause in that it will permit the amendment of primary legislation
without reference to the Parliament.
In referring to these provisions, the Explanatory Memorandum (at paragraph
1.100) simply notes that the Bill “contains amendments which have
the effect of treating individual Commonwealth Departments as separate
employers”. The Committee, therefore, seeks the Minister's advice
on whether it might be more appropriate to achieve this purpose by amendments
to primary legislation.
Pending the Minister's advice, the Committee draws Senators' attention
to the provisions, as they may be considered to delegate legislative power
inappropriately, in breach of principle 1(a)(iv) of the Committee's terms
of reference.
Taxation Laws Amendment (Farm Management Deposits) Bill 1998
This bill was introduced into the House of Representatives on 28 May
1998 by the Minister for Veterans' Affairs. [Portfolio responsibility:
Treasury]
The bill proposes to amend the Income Assessment Act 1936 to provide
for a farm management deposit scheme to replace the present system of
income equalization deposits and farm management bonds.
The bill further proposes to make consequential amendments to five Acts
and to repeal the Income Equalization Deposits (Interest Adjustment)
Act 1984.
The Committee has no comment on this bill.
Taxation Laws Amendment (Landcare and Water Facility Tax Offset) Bill
1998
This bill was introduced into the House of Representatives on 28 May
1998 by the Minister for Veterans' Affairs. [Portfolio responsibility:
Treasury]
The bill proposes to amend the Income Tax Assessment Act 1997 to
provide an alternative rebate (to a maximum of $5000) for low income farmers
and rural land-holders for deductions for expenditure on landcare works
and water conserving and conveying facilities, effective from 1 July 1997.
The bill also makes consequential amendments to the Income Tax Assessment
Act 1936.
The Committee has no comment on this bill.
Taxation Laws Amendment (Political Donations) Bill 1998
This bill was introduced into the House of Representatives on 28 May
1998 by the Parliamentary Secretary (Cabinet) to the Prime Minister. [Portfolio
responsibility: Treasury]
The bill proposes to amend the following Acts:
- Income Tax Assessment Act 1997 to allow taxpayers to make deductible
contributions (including membership subscriptions) of $2 or more to
political parties registered under the Commonwealth Electoral Act
1918 or under corresponding State or Territory legislation up to
a maximum level of $1500 annually, and gifts to independent candidates
and members, also up to a maximum level of $1500 annually, with effect
from 1 July 1998;
- Income Tax Assessment Act 1997 and Income Tax Assessment Act 1936
to make consequential amendments.
The Committee has no comment on this bill.
Uranium Mining in or near Australian World Heritage Properties (Prohibition)
Bill 1998
This bill was introduced into the Senate on 28 May 1998 by Senator Allison
as a Private Senator's bill.
The bill proposes to prohibit the mining, extraction, treatment and transport
of any uranium or uranium ore in or near any property in Australia included
in the World Heritage List.
The Committee has no comment on this bill.
Veterans' Entitlements Amendment (Gold Card) Bill 1998
This bill was introduced into the House of Representatives on 3 June
1998 by the Minister for Veterans' Affairs. [Portfolio responsibility:
Veterans' Affairs]
The bill proposes to amend the Veterans' Entitlements Act 1986 to
extend to Australian veterans aged 70 or over and who have World War 2
qualifying service, a Gold Card which would entitle them to full repatriation
health care, effective from 1 January 1999.
The Committee has no comment on this bill.
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