Scrutiny of Bills Alert Digest No. 9 of 1999
23 June 1999
ISSN 1329-668X
Members of the Committee
Senator B Cooney (Chairman)
Senator W Crane (Deputy Chairman)
Senator H Coonan
Senator T Crossin
Senator J Ferris
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
A New Tax System (Family Assistance) (Administration)
Bill 1999 |
A New Tax System (Family Assistance)(Consequential
and Related Measures)(No. 2) Bill 1999 |
Aged Care Amendment (Omnibus) Bill 1999 |
Australian Sports Commission Amendment Bill 1999 |
Aviation Fuel Revenues (Special Appropriation) Amendment
Bill 1999 |
Constitution Alteration (Establishment of Republic)
1999 |
Copyright Amendment (Importation of Sound Recordings)
Bill 1999 |
Customs Amendment (Warehouses) Bill 1999 |
Customs Tariff Amendment (Aviation Fuel Revenues) Bill
1999 |
Excise Tariff Amendment (Aviation Fuel Revenues) Bill
1999 |
Health Insurance Amendment (Professional Services Review)
Bill 1999 |
Import Processing Charges Amendment (Warehouses) Bill
1999 |
National Health Amendment (Lifetime Health Cover) Bill
1999 |
Presidential Nominations Committee Bill 1999 |
Protection of Movable Cultural Heritage Amendment Bill
1999 |
Social Security (Administration and International Agreements)(Consequential
Amendments) Bill 1999 |
Social Security (Administration) Bill 1999 |
Social Security (Family Allowance and Related Matters)
Legislation Amendment Bill 1999 |
Social Security (International Agreements) Bill 1999
|
States Grants (General Purposes) Amendment Bill 1999 |
Stevedoring Levy (Collection) Amendment Bill 1999 |
Provisions imposing criminal sanctions for failure
to provide information |
A New Tax System (Family Assistance) (Administration) Bill 1999
This bill was introduced into the House of Representatives on 9 June
1999 by the Minister for Community Services. [Portfolio responsibility:
Family and Community Services]
Complementary to the A New Tax System (Family Assistance) Bill 1999 and
the A New Tax System (Family Assistance)(Consequential and Related Measures)
Bill (No. 2) 1999, this bill proposes to provide the administrative, procedural
and technical rules that will apply to the new family assistance payments:
family tax benefit part A, family tax benefit part B and child care benefit.
The bill also provides similar provisions for the maternity allowance
and the maternity immunisation allowance.
Use of tax file numbers
Proposed new paragraph 7(2)(b) and clause 61
By virtue of proposed paragraph 7(2)(b) and clause 61, persons claiming
family tax benefit will be required to provide their tax file numbers
and/or that of their partner.
It is the Committee's practice to draw attention to new measures which
make the payment of benefits dependent upon the provision of a tax file
number. This is because, as its name indicates, the tax file number scheme
was originally intended to ensure the integrity of the taxation system.
Under this bill, the `benefit' consists of a reduction in the beneficiary's
liability to income tax. This is clearly within the scope of the scheme
as originally envisaged.
In these circumstances, the Committee makes no further comment on
these provisions.
A New Tax System (Family Assistance) (Consequential and Related Measures)
Bill (No. 2) 1999
This bill was introduced into the House of Representatives on 9 June
1999 by the Minister for Community Services. [Portfolio responsibility:
Family and Community Services]
Complementary to the A New Tax System (Family Assistance) Bill 1999 and
the A New Tax System (Family Assistance)(Administration) Bill 1999, this
bill proposes to amend 21 Acts to:
- repeal or amend references in relation to the new family assistance
regime;
- allow a tax deduction for fees related to family tax benefit claimed
through the tax system;
- provide for the appropriate calculation of family tax benefit part
A for those recipients in receipt of income support; and
- allow the use or disclosure of information by or between Centrelink,
the Australian Taxation Office and the Health Insurance Commission involved
in the transition to the new family assistance regime for the purpose
of identifying shared customers.
Retrospective application
Subclauses 2(6) and 2(7)
By virtue of subclauses 2(6) and 2(7) of this bill, various provisions
are to commence retrospectively. However, in each case the amendments
are technical only, and make no substantive change to the law.
In these circumstances, the Committee makes no further comment
on these provisions.
Retrospective application
Subitem 68(2) of Schedule 10
By virtue of subitem 68(2) of Schedule 10 to this bill, the amendment
proposed by item 7 of that Schedule is to apply retrospectively from 8 December
1997. However, this amendment is technical in nature, and makes no substantive
change to the law.
In these circumstances, the Committee makes no further comment on
this provision.
Aged Care Amendment (Omnibus) Bill 1999
This bill was introduced into the House of Representatives on 10 June
1999 by the Minister for Aged Care. [Portfolio responsibility: Health
and Aged Care]
The bill proposes to amend the following Acts:
Aged Care Act 1997 to:
- make provision for the payment of accommodation charges;
- make consequential changes to some of the rules relating to the payment
of accommodation bonds;
- exempt people who were residing in nursing homes when the Act commenced
from paying an accommodation charge on moving to another service; and
- amends provisions relating to the revocation of approved provider
status and the imposition of sanctions for breaches of provider responsibilities
under the previous legislation;
Social Security Act 1991 and the Veterans' Entitlements Act
1986 to provide:
- that rental income will be excluded from the pension test; and
- that the value of the home will be exempted from the pension assets
test where the former home is being rented to pay the accommodation
charge;
Veterans' Affairs Legislation Amendment (Budget and Simplification
Measures) Act 1997 to make technical amendments; and
Aged Care (Consequential Provisions) Act 1997 to make technical
amendments relating to:
- non-compliance by providers of nursing homes and hostels; and
- transitional provisions concerning additional recurrent funding for
new and rebuilt and upgraded nursing homes.
Retrospective application
Subclause 2(3)
By virtue of subclause 2(3) of this bill, the amendments proposed in
Schedule 4 are to commence retrospectively. However, these amendments
are technical in nature, and make no substantive change to the law.
In these circumstances, the Committee makes no further comment
on these provisions.
Retrospective application
Subclause 2(4)
By virtue of subclause 2(4) of this bill, the amendments proposed by
items 3 and 4 of Schedule 5 are to commence retrospectively. However,
these amendments correct the unintended, and potentially harmful, consequences
of earlier amendments to the Principal Act.
In these circumstances, the Committee makes no further comment
on these provisions.
Retrospective application
Schedule 2, item 13 and Schedule 3, item 21.
The amendments proposed to be made by item 13 of Schedule 2 and item
21 of Schedule 3 to this bill are to apply retrospectively to transactions
entered into prior to 6 November 1997. However, these amendments are beneficial
to those who entered into these transactions.
In these circumstances, the Committee makes no further comment on
these provisions.
Australian Sports Commission Amendment Bill 1999
This bill was introduced into the House of Representatives on 2 June
1999 by the Minister for Sport and Tourism. [Portfolio responsibility:
Industry, Science and Resources]
The bill proposes to amend the Australian Sports Commission Act 1989
to provide for an exchange of information between the Australian Sports
Commission and the Australian Customs Service in relation to the importation
into Australia of substances that enhance sporting performance or substances
that can be used to conceal the use of performance enhancing drugs.
The Committee has no comment on this bill.
Aviation Fuel Revenues (Special Appropriation) Amendment Bill 1999
This bill was introduced into the House of Representatives on 2 June
1999 by the Minister for Transport and Regional Services. [Portfolio responsibility:
Transport and Regional Services]
Complementary to the Customs Tariff Amendment (Aviation Fuel Revenues)
Bill 1999 and the Excise Tariff Amendment (Aviation Fuel Revenues) Bill
1999, this bill proposes to enable customs and excise duties on aviation
kerosene (aviation turbine fuel or avtur) and aviation gasoline (avgas)
to be appropriated to the Civil Aviation Safety Authority and Airservices
Australia (Airservices). The bill further proposes that the Minister should
determine the amount appropriated per litre of avgas and avtur.
Retrospective application
Schedule 1 item 6
The effect of item 6 of Schedule 1 to this bill is to apply its substantive
provisions retrospectively from 12 May 1999. However, the purpose of the
bill is to allow for the payment of money from Consolidated Revenue to
the Civil Aviation Safety Authority. The retrospective effect of the bill
will not, therefore, adversely affect any member of the public.
In addition, this bill represents a Budget measure. In general terms,
the Committee is less concerned by retrospectivity in the case of Budget
measures.
In these circumstances, the Committee makes no further comment on
these provisions.
Constitution Alteration (Establishment of Republic) 1999
This bill was introduced into the House of Representatives on 10 June
1999 by the Attorney-General. [Portfolio responsibility: Attorney-General]
Complementary to the Presidential Nominations Committee Bill 1999, this
bill proposes to amend the Constitution to establish the Commonwealth
of Australia as a republic with a President chosen by a two-thirds majority
of the members of the Commonwealth Parliament. The bill further proposes
to make consequential and transitional amendments.
The Committee has no comment on this bill.
Copyright Amendment (Importation of Sound Recordings) Bill 1999
This bill was introduced into the Senate on 26 May 1999 by the Minister
for Justice and Customs. [Portfolio responsibility: Attorney-General]
The bill proposes to amend the Copyright Act 1968 to ensure that
when ancillary copyright material is included with a sound recording (particularly
music compact discs), the material does not prevent parallel importation
of the sound recording.
The Committee has no comment on this bill.
Customs Amendment (Warehouses) Bill 1999
This bill was introduced into the House of Representatives on 3 June
1999 by the Parliamentary Secretary to the Minister for Finance and Administration.
[Portfolio responsibility: Justice and Customs]
Complementary to the Import Processing Charges Amendment (Warehouses)
Bill 1999, this bill proposes to amend the Customs Act 1901 to
remove the requirement for people operating Manufacturing in Bond
warehouses to pay the warehoused goods entry fee when goods are exported.
Retrospective application
Subclause 2(2)
Subclause 2(2) of this bill provides that most of the amendments proposed
in the bill are to commence retrospectively on 29 April 1999. However,
the Explanatory Memorandum indicates that these amendments are beneficial
to those people who operate Manufacturing in Bond warehouses.
In these circumstances, the Committee makes no further comment on
this provision.
Customs Tariff Amendment (Aviation Fuel Revenues) Bill 1999
This bill was introduced into the House of Representatives on 2 June
1999 by the Minister for Transport and Regional Services. [Portfolio responsibility:
Justice and Customs]
Complementary to the Aviation Fuel Revenues (Special Appropriation) Amendment
Bill 1999 and the Excise Tariff Amendment (Aviation Fuel Revenues) Bill
1999, this bill proposes to amend the Customs Tariff Act 1995 to
increase the rate of customs duty on aviation kerosene (aviation turbine
fuel or avtur) and aviation gasoline (avgas) to $0.0271/L from 12 May
1999.
Retrospective application
Subclause 2(2)
By virtue of subclause 2(2), the amendments proposed in this bill are
to commence retrospectively on 12 May 1999. However, the Explanatory Memorandum
states that these amendments are intended to implement a Budget decision
to increase the duty payable on aviation fuels.
In these circumstances, the Committee makes no further comment on
these provisions.
Excise Tariff Amendment (Aviation Fuel Revenues) Bill 1999
This bill was introduced into the House of Representatives on 2 June
1999 by the Minister for Transport and Regional Services. [Portfolio responsibility:
Treasury]
Complementary to the Aviation Fuel Revenues (Special Appropriation) Amendment
Bill 1999 and the Customs Tariff Amendment (Aviation Fuel Revenues) Bill
1999, this bill proposes to amend the Excise Tariff Act 1921 to
increase the rate of excise duty on aviation kerosene (aviation turbine
fuel or avtur) and aviation gasoline (avgas) to $0.0271/L from 12 May
1999.
Retrospective application
Subclause 2(2)
By virtue of subclause 2(2), the amendments proposed in this bill are
to commence retrospectively on 12 May 1999. However, the Explanatory Memorandum
states that these amendments are intended to implement a Budget decision
to increase the duty payable on aviation fuels.
In these circumstances, the Committee makes no further comment on
these provisions.
Health Insurance Amendment (Professional Services Review) Bill 1999
This bill was introduced into the House of Representatives on 2 June
1999 by the Minister for Health and Aged Care. [Portfolio responsibility:
Health and Aged Care]
The bill proposes to amend the Health Insurance Act 1973 to implement
changes to the Professional Services Review (PSR) Scheme as a result of
a review of the Scheme. The PSR Scheme provides for a system of peer review
to determine whether a practitioner has inappropriately rendered or initiated
services which attract a Medicare benefit, or has inappropriately prescribed
under the Pharmaceutical Benefits Scheme, and to apply sanctions to those
who practise inappropriately.
Abrogating the right to silence and patient privacy
Proposed new section 106ZPQ
Among other things, this bill proposes to insert a new section 106ZPQ
in the Health Insurance Act 1973. This provision states that a
person must produce documents for inspection even though those documents
may tend to incriminate that person. The Explanatory Memorandum states
that this section mirrors subsection 105A(6) of the current Act.
Under proposed section 89B and 105A, the documents to be produced may
include clinical or practice records of services rendered not only by
the person under review, but also by practitioners employed by that person,
or by practitioners employed by a body corporate of which the person under
review is an officer. These documents must be produced to a Committee
member or his or her nominee (mirroring the existing legislation) and
also to the Director or his or her nominee.
Proposed new section 106ZPQ goes on to limit the use that may be made
of any documents or information produced. Under proposed subsection 106ZPQ(2)
such documents or information are not admissible against the person producing
them in civil or criminal proceedings (other than proceedings for providing
false or misleading information, or proceedings before a Committee or
the Determining Authority).
The Committee notes that proposed new section 106ZPQ attempts to strike
a balance between the need to obtain information and the need to protect
rights. However, some aspects of its operation remain unclear. Therefore,
the Committee seeks the Minister's advice on the following matters:
- how any incriminating documents or information might be used against
a person under investigation in proceedings before a Committee or Determining
Authority;
- whether a person nominated by a Committee member or the
Director to receive confidential documents will be required to hold
any particular position or possess any special qualifications;
- in requiring the production of patient records, how the bill proposes
to protect the doctor/patient relationship, which is founded on confidence
and is necessary for appropriate treatment; and
- in requiring the production of patient records, how the bill proposes
to protect the privacy of patients.
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.
Import Processing Charges Amendment (Warehouses) Bill 1999
This bill was introduced into the House of Representatives on 3 June
1999 by the Parliamentary Secretary to the Minister for Finance and Administration.
[Portfolio responsibility: Justice and Customs]
Complementary to the Customs Amendment (Warehouses) Bill 1999, this bill
proposes to amend the Import Processing Charges Act 1997 to remove
the requirement for people operating Manufacturing in Bond
warehouses to pay the import processing charge when goods are exported.
Retrospective application
Subclause 2(2)
Subclause 2(2) of this bill provides that most of the amendments proposed
in the bill are to commence retrospectively on 29 April 1999. However,
the Explanatory Memorandum indicates that these amendments are beneficial
to those people who operate Manufacturing in Bond warehouses.
In these circumstances, the Committee makes no further comment on
this provision.
National Health Amendment (Lifetime Health Cover) Bill 1999
This bill was introduced into the House of Representatives on 2 June
1999 by the Minister for Health and Aged Care. [Portfolio responsibility:
Health and Aged Care]
The bill proposes to amend the National Health Act 1953 to require
private health insurance funds to introduce Lifetime Health Cover by setting
different premiums for members dependent on the age at which a member
first takes hospital cover with a fund.
The Committee has no comment on this bill.
Presidential Nominations Committee Bill 1999
This bill was introduced into the House of Representatives on 10 June
1999 by the Attorney-General. [Portfolio responsibility: Attorney-General]
Complementary to the Constitution Alteration (Establishment of Republic)
1999, this bill proposes to establish a Presidential Nominations Committee
to invite and consider nominations for appointment as President of the
Commonwealth of Australia and report on the nominations to the Prime Minister.
The Committee has no comment on this bill.
Protection of Movable Cultural Heritage Amendment Bill 1999
This bill was introduced into the House of Representatives on 3 June
1999 by the Minister for the Arts and the Centenary of Federation. [Portfolio
responsibility: Communications, Information Technology and the Arts]
The bill proposes to amend the Protection of Movable Cultural Heritage
Act 1986 to replace the National Cultural Heritage Fund with the National
Cultural Heritage Account, a Special Account which will be subject to
the accounting and reporting requirements of the Financial Management
and Accountability Act 1997 and to make minor consequential amendments.
The Committee has no comment on this bill.
Social Security (Administration and International Agreements)(Consequential
Amendments) Bill 1999
This bill was introduced into the House of Representatives on 3 June
1999 by the Minister for Community Services. [Portfolio responsibility:
Family and Community Services]
Complementary to the Social Security (Administration) Bill 1999 and the
Social Security (International Agreements) Bill 1999, this bill proposes
to:
- amend the repeal provisions of the Social Security Act 1991 consequential
on the proposed Social Security (Administration) Act 1999 and the Social
Security (International Agreements) Act 1999; and
- repeal Part 9 of the proposed Social Security (Administration) Act
1999 as a consequence of the commencement of the provision of that Act
which contains a single rounding provision that applies to all social
security payments.
Drafting note
Subclauses 2(1), 2(2) and 2(3)
Schedule 1 to this bill contains amendments consequent on the enactment
of the Social Security (Administration) Act 1999. Subclause 2(2) states
that these amendments are to commence on 20 March 2000 the date
on which the Administration Act is to commence.
Schedule 2 to this bill contains amendments consequent on the enactment
of the Social Security (International Agreements) Act 1999. Subclause
2(3) states that these amendments are to commence on 1 July 2000. However
proposed section 2 of the International Agreements Act states that it
is to commence on 20 March 2000.
Schedule 3 to this bill repeals Part 9 of the Administration Act. Subclause
2(1) would have this commencing on Royal Assent. However, proposed subsection
2(3) of the Administration Act indicates that Part 9 should cease to have
effect on 1 July 2000.
It would seem more appropriate that subclause 2(2) of the Consequential
Provisions Bill refer to both Schedules 1 and 2, while subclause 2(3)
of that bill should refer to Schedule 3.
Other than this, the Committee makes no further comment on these provisions.
Social Security (Administration) Bill 1999
This bill was introduced into the House of Representatives on 3 June
1999 by the Minister for Community Services. [Portfolio responsibility:
Family and Community Services]
Complementary to the Social Security (International Agreements) Bill
1999 and the Social Security (Administration and International Agreements)(Consequential
Amendments) Bill 1999, this bill proposes to consolidate all the machinery
and most of the administrative provisions relating to social security.
Use of tax file numbers
Clauses 74, 75 and 76
Proposed clause 74 of this bill provides that the Secretary may request,
but not compel, a claimant for, or a recipient of, social security payments
to provide his or her tax file number or that of their partner. Proposed
clauses 75 and 76 set out the effect of a failure to satisfy such a request.
The Committee has previously drawn attention to the statements that accompanied
the proposed introduction of the tax file number scheme in May 1988 (see,
for example, pages 16 and 17 of Alert Digest No 2 of 1999). The
scheme was originally intended for the exclusive and limited use
of the Tax Office. However, since its inception it has gradually
been extended to many other areas of Commonwealth activity, including
in relation to payments made under the social security legislation.
The Committee recognises that clauses 74 to 76 of this bill are not new,
and have been included to minimise the opportunity for fraud against the
Commonwealth. Nevertheless, the Committee remains mindful of the constant
expansion of the tax file number scheme, and draws Senators' attention
to the comments of the Senate Standing Committee on Legal and Constitutional
Affairs in December 1990, in its Report on The Proposed Tax File Number
Provisions and Data-Matching Program, that any extension of the scheme
should only proceed for the most compelling of reasons.
In these circumstances, the Committee makes no further comment on
these provisions.
Non reviewable decisions
Clause 144
Proposed clause 144 of this bill lists a number of decisions which are
not reviewable by the Social Security Appeals Tribunal. This clause appears
to be unexceptionable in that the decisions referred to are either currently
listed in section 1250 of the Social Security Act 1991, or are
otherwise inappropriate for such review. However, in setting out the intended
effect of clause 144, the Explanatory Memorandum simply states that this
clause provides that the SSAT may not review certain decisions. The clause
sets out what those decisions are.
Accordingly, the Committee seeks the Minister's confirmation that
this clause does not change the existing law.
Pending the Minister's confirmation, the Committee draws Senators'
attention to this provision, as it may be considered to make rights, liberties
or obligations unduly dependent upon non-reviewable decisions, in breach
of principle 1(a)(iii) of the Committee's terms of reference.
Social Security (Family Allowance and Related Matters) Legislation
Amendment Bill 1999
This bill was introduced into the House of Representatives on 9 June
1999 by the Minister for Community Services. [Portfolio responsibility:
Family and Community Services]
The bill proposes to amend the following Acts:
Social Security Act 1991 to:
- extend the qualification for family allowance so that it covers both
job seekers and students who have turned 16, and continues until age
21 for job seekers, and until age 25 for full-time students; and
- increase the fortnightly rate of family allowance to $50, payable
to a person who is aged 18 to under-21, or who is undertaking full-time
study and is aged 21 to under-25; and
Health Insurance Act 1973 to make consequential amendments in
relation to provision of a health care card to certain young persons.
The Committee has no comment on this bill.
Social Security (International Agreements) Bill 1999
This bill was introduced into the House of Representatives on 3 June
1999 by the Minister for Community Services. [Portfolio responsibility:
Family and Community Services]
Complementary to the Social Security (Administration) Bill 1999 and the
Social Security (Administration and International Agreements)(Consequential
Amendments) Bill 1999, this bill proposes to provide for:
- the consolidation of existing social security international agreements;
- new social security international agreements to be added by regulation;
and
- existing social security international agreements to be varied by
way of regulation.
Henry VIII clauses
Clauses 7, 8 and 9
As noted above, this bill provides for the consolidation of existing
international social security agreements into a separate Act. These agreements,
which are set out in 11 Schedules to the bill, provide for international
reciprocity in the provision of social security benefits.
Proposed clause 7 of the bill authorises the text of these Schedules
to be amended by regulation. Proposed clause 8 authorises the addition
of new scheduled international agreements by regulation, and proposed
clause 9 authorises the repeal of a Schedule by regulation.
While this is clearly a delegation of legislative power, the Committee
has no means of ascertaining whether or not it is appropriate. Neither
the Explanatory Memorandum nor the Second Reading Speech clarifies the
need for authorising amendment by regulation in these circumstances. The
Committee therefore seeks the Minister's advice as to why it is
appropriate that the provisions of the bill be amended by regulation,
and whether these regulations are to be disallowable.
Pending the Minister's advice, the Committee draws Senators' attention
to the provisions, as they may be considered to delegate legislative powers
inappropriately, in breach of principle 1(a)(iv) of the Committee's terms
of reference.
States Grants (General Purposes) Amendment Bill 1999
This bill was introduced into the House of Representatives on 10 June
1999 by the Minister for Financial Services and Regulation. [Portfolio
responsibility: Treasury]
The bill proposes to amend the States Grants (General Purposes) Act
1994 to:
- provide for general revenue assistance (including financial assistance
grants and competition payments) to the States and Territories in 1999-2000;
- enable the Commonwealth to make payments under the safety net arrangements
relating to business franchise fees to the States and Territories in
1999-2000; and
- enable windfall tax reimbursements received by the Commonwealth to
be paid to the States (equal to the amount collected by the tax in that
State).
The Committee has no comment on this bill.
Stevedoring Levy (Collection) Amendment Bill 1999
This bill was introduced into the House of Representatives on 2 June
1999 by the Minister for Transport and Regional Services. [Portfolio responsibility:
Transport and Regional Services]
The bill proposes to amend the Stevedoring Levy (Collection) Act 1998
to increase the amount that may be authorised by the Minister in connection
with Stevedoring industry reform from $250 million to $350 million. Complementary
to the Social Security (International Agreements) Bill 1999 and the Social
Security (Administration and International Agreements)(Consequential Amendments)
Bill 1999, this bill proposes to consolidate all the machinery and most
of the administrative provisions relating to social security.
The Committee has no comment on this bill.
Provisions imposing criminal sanctions for 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 |
Health Insurance Amendment (Professional Services
Review) Bill 1999 |
106ZPN |
Person not under review fail to produce documents or
give information |
20 penalty units |
Health Insurance Amendment (Professional Services
Review) Bill 1999 |
106ZPO and
106ZPP |
Provide false or misleading answers or documents |
12 months |
Social Security (Administration) Bill 1999 |
198 |
Fail to comply with requirement to provide information
or documents |
12 months |
A New Tax System (Family Assistance)(Administration)
Bill 1999 |
64
65
160
|
Fail to provide relevant child care statement
Fail to provide relevant child care statement
Fail to provide information or produce document
|
60 penalty units
20 penalty units
12 months
|