Constitutionalism, Bicameralism and the Control of Power - Attachment 1

Bills laid aside or negatived, their history and status as possible double dissolution triggers [40th Parliament]
Original bill title and outcome Subsequent bill(s) and outcome
(40th Parliament)

Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002

Amends the: Australian Security Intelligence Organisation Act 1979 to strengthen its counter terrorism powers, in particular by: enabling the Australian Security Intelligence Organisation (ASIO) to seek a warrant to detain and question persons over 14 years of age for the purposes of investigating terrorism offences; and provides for safeguards in relation to these new powers, and penalties for officials’ failure to comply with provisions; and Telecommunications (Interception) Act 1979 in relation to the authorisation of communication of intelligence by persons other than ASIO officers. Also provides for review of the operation of the legislation 3 years after its commencement.

HR bill – amended by Senate; HR disagreed to some Senate amts and agreed to amts in place of some amts disagreed to; Senate insisted on its amts; HR agreed to some of the amts insisted on by Senate, insisted on disagreeing to some Senate amts, insisted on some HR amts and did not insist on others; Senate again insisted on its amts; HR laid bill aside 13 December 2002 a.m.

Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Bill 2002 [No. 2]

Amends the: Australian Security Intelligence Organisation Act 1979 to strengthen the Australian Security Intelligence Organisation’s (ASIO) counter terrorism powers, in particular by: enabling ASIO to seek a warrant to detain and question persons over 14 years of age for the purposes of investigating terrorism offences; and provides for safeguards in relation to these new powers, and penalties for officials’ failure to comply with provisions; and Telecommunications (Interception) Act 1979 in relation to the authorisation of communication of intelligence by persons other than ASIO officers. Also contains a 3-year sunset clause and amends the Intelligence Services Act 2001 to provide for review by the Parliamentary Joint Committee on ASIO, ASIS and DSD of the operation of the legislation 3 years after its commencement.

HR bill – as passed by HR first time around (ie incorporating HR amts to original bill) and incorporating 17 Senate amts from first time around – introduced 20 March 2003; passed by HR 27 March 2003; introduced in the Senate on 13 May 2003; amended by Senate and returned to HR 25 June 2003; HR agreed to some Senate amts, disagreed to some Senate amts and agreed to 3 amts in place of 3 Senate amts disagreed to; Senate did not insist on its amts disagreed to and agreed to 3 amts made in place of 3 Senate amts 26 June 2003

Broadcasting Services Amendment (Media Ownership) Bill 2002

Amends the Broadcasting Services Act 1992 to repeal provisions that restrict foreign ownership of commercial television and subscription television interests; and allow the Australian Broadcasting Authority to grant cross-media exemption certificates on application, provided certain requirements and conditions are met.

HR bill – amended by Senate; HR disagreed to some Senate amts and agreed to amts in place of some amts disagreed to; Senate insisted on its amts; HR insisted on disagreeing to certain Senate amts and laid bill aside 27 June 2003 a.m.

Broadcasting Services Amendment (Media Ownership) Bill 2002 [No. 2]

HR bill – as passed by HR first time around (ie incorporating HR amts to original bill) and incorporating 42 Senate amts from first time around – introduced 5 November 2003; passed by HR 1 December 2003; introduced in the Senate on 2 December 2003

Family and Community Services Legislation Amendment (Disability Reform) Bill (No. 2) 2002

Amends the Social Security Act 1991 and Social Security (Administration) Act 1999 to: change the qualification criteria for disability support pension (DSP) in relation to work capacity for people who apply for DSP from 1 July 2003; and restrict exemptions from the activity test requirements for newstart allowance and youth allowance recipients. Also contains application and transitional provisions.

HR bill – negatived at 2nd reading by Senate 19 November 2002

Family and Community Services Legislation Amendment (Disability Reform) Bill (No. 2) 2002 [No. 2]

HR bill – identical to original bill – introduced 6 March 2003; passed by HR 26 March 2003; introduced in the Senate on 26 March 2003; negatived at 2nd reading by Senate 24 June 2003

Marriage Amendment Bill 2004

Amends the Marriage Act 1961 to: define marriage as a union of a man and a woman; and clarify that same-sex marriages entered into under the law of another country will not be recognised in Australia.

HR bill – negatived at 1st reading by Senate 25 June 2004; Senate standing orders suspended and bill read a 1st time and passed by Senate 13 August 2004

Migration Amendment (Duration of Detention) Bill 2004

Amends the Migration Act 1958 to further clarify that an unlawful non-citizen must be kept in immigration detention unless a court finally determines that the detention is unlawful or that the detainee is not an unlawful non-citizen. Also contains an application provision.

HR bill – negatived at 2nd reading by Senate 8 March 2004

Migration Legislation Amendment (Further Border Protection Measures) Bill 2002

Amends the Migration Act 1958 to expand the definition of “excised offshore place” to include the Coral Sea Islands Territory and certain islands that form part of Western Australia, Queensland and the Northern Territory.

HR bill – negatived at 2nd reading by Senate 9 December 2002

Protection Measures) Bill 2002 [No. 2]

HR bill – identical to original bill – introduced 26 March 2003; negatived at 2nd reading by Senate 16 June 2003

National Health Amendment (Pharmaceutical Benefits—Budget Measures) Bill 2002

Amends the National Health Act 1953 to increase Pharmaceutical Benefits Scheme patient copayments and safety net thresholds.

HR bill – negatived at 2nd reading by Senate 20 June 2002

National Health Amendment (Pharmaceutical Benefits—Budget Measures) Bill 2002 [No. 2]

HR bill – identical to original bill – introduced 13 November 2002; passed by HR 4 December 2002; negatived at 2nd reading by Senate 4 March 2003; restored to Senate Notice Paper and amended by Senate 24 June 2004; HR agreed to Senate amts 25 June 2004

Sex Discrimination Amendment (Teaching Profession) Bill 2004

Amends the Sex Discrimination Act 1984 to permit the provision of teaching scholarships to males, in order to address the imbalance in the number of male and female teachers in schools.

HR bill – negatived at 2nd reading by Senate 25 June 2004

Superannuation (Surcharge Rate Reduction) Amendment Bill 2003

Amends the: Superannuation Contributions Tax Imposition Act 1997, Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Imposition Act 1997 and Termination Payments Tax Imposition Act 1997 to reduce the maximum superannuation and termination payments surcharge rates from 15 to 10.5 per cent over 3 years commencing retrospectively from 1 July 2002; and Defence Force Retirement and Death Benefits Act 1973, Parliamentary Contributory Superannuation Act 1948, Superannuation Act 1976, Superannuation Contributions Tax (Application to the Commonwealth—Reduction of Benefits) Act 1997 and Superannuation Contributions Tax (Members of Constitutionally Protected Superannuation Funds) Assessment and Collection Act 1997 to reduce the superannuation surcharge cap. Also contains application provisions.

HR bill – negatived at 2nd reading by Senate 24 June 2003, restored to Notice Paper at second reading on 10 September 2003; passed by Senate 7 October 2003 with 32 amts; HR disagreed to one Senate amt; Senate did not insist on its amt 27 October 2003

Telstra (Transition to Full Private Ownership) Bill 2003

Amends the Telstra Corporation Act 1991 in relation to: repeal of provisions which require the Commonwealth to retain 50.1 per cent of the equity in Telstra Corporation Limited; cessation of Ministerial directions and reporting obligations once the Commonwealth’s equity falls below certain percentages; foreign ownership limits; regular independent reviews of regional telecommunications; and sale provisions; Telecommunications Act 1997 to permit licence conditions on Telstra to ensure that it maintains a local presence in regional, rural and remote parts of Australia; Telstra Corporation Act 1991, Long Service Leave (Commonwealth Employees) Regulations and Maternity Leave (Commonwealth Employees) Regulations to preserve employee entitlements; Freedom of Information Act 1982, Archives Regulations, Freedom of Information (Miscellaneous Provisions) Regulations, Occupational Health and Safety (Commonwealth Employment) Act 1991 and Ombudsman Regulations to make transitional provisions and consequential amendments.

HR bill – negatived at 2nd reading by Senate 30 October 2003

Telstra (Transition to Full Private Ownership) Bill 2003 [No.2]

HR bill – identical to original bill – introduced 4 March 2004; passed by HR 11 March 2004; negatived at 2nd reading by Senate 30 March 2004

Trade Practices Amendment (Small Business Protection) Bill 2002

Amends the Trade Practices Act 1974 to allow the Australian Competition and Consumer Commission to bring representative actions in relation to contraventions of provisions relating to secondary boycotts and contracts, arrangements or understandings affecting the supply or acquisition of goods or services. Also contains an application provision.

HR bill – negatived at 3rd reading by Senate 19 August 2002

Trade Practices Amendment (Small Business Protection) Bill 2002 [No. 2]

HR bill – identical to original bill – introduced 26 September 2002; passed by HR 13 December 2002 a.m.; negatived at 3rd reading by Senate 3 March 2003

Workplace Relations Amendment (Codifying Contempt Offences) Bill 2003

Amends the Workplace Relations Act 1996 to: codify offences that amount to contempt of the Australian Industrial Relations Commission; create a new offence prohibiting the giving of false evidence to the Commission; update certain penalties; and insert legislative notes after certain provisions.

HR bill – negatived at 3rd reading by Senate 3 March 2004; recommitted by Senate 21 June 2004; amended by Senate 26 June 2004 a.m.; HR agreed to Senate amts 26 June 2004

Workplace Relations Amendment (Compliance with Court and Tribunal Orders) Bill 2003

Amends the Workplace Relations Act 1996 to: require officers and employees of registered organisations to comply with orders and directions of the Australian Industrial Relations Commission and the Federal Court; and provide sanctions for failure to comply. Also contains application provisions.

HR bill – negatived at 3rd reading by Senate 8 March 2004

Workplace Relations Amendment (Fair Dismissal) Bill 2002*

Amends the Workplace Relations Act 1996 to exempt small businesses from the unfair dismissal provisions (except in relation to apprentices and trainees); and require the Australian Industrial Relations Commission to order that an unfair dismissal application is invalid if it relates to a small business employer.

HR bill – amended by Senate 27 June 2002; HR disagreed to Senate amts, Senate insisted on its amts, HR insisted on disagreeing to Senate amts and laid bill aside 28 June 2002 a.m.

Workplace Relations Amendment (Fair Dismissal) Bill 2002 [No. 2]

HR bill – identical to original bill – introduced 18 September 2002; passed by HR 22 October 2002; amended by Senate 3 March 2003; HR disagreed to Senate amts and Senate insisted on its amts 5 March 2003; HR insisted on disagreeing to Senate amts 6 March 2003; Senate again insisted on its amts 24 March 2003; HR laid bill aside 25 March 2003

Workplace Relations Amendment (Prohibition of Compulsory Union Fees) Bill 2002

Amends the certified agreement and freedom of association provisions of the Workplace Relations Act 1996 to: nullify clauses in certified agreements that purport to require payment of bargaining services fees; and prohibit conduct designed to compel persons to pay such fees. Also contains application provisions.

HR bill – amended in HR; amended by Senate, HR disagreed to Senate amts, Senate insisted on its amts; HR insisted on disagreeing to Senate amts and laid bill aside 18 September 2002

Workplace Relations Amendment (Prohibition of Compulsory Union Fees) Bill 2002 [No. 2]

HR bill – as passed by HR first time around (ie incorporating HR amendments to original bill) – introduced 4 December 2002; amended by Senate 24 March 2003; HR agreed to Senate amt (2) and disagreed to remaining Senate amts 25 March 2003; Senate did not insist on its amendments (1) and (3) to (6) 26 March 2003

*Workplace Relations Amendment (Secret Ballots for Protected Action) Bill 2002

Amends the Workplace Relations Act 1996 to require that, in order to be protected industrial action under the Act, such action must be preceded by a secret ballot process overseen by the Australian Industrial Relations Commission; and, consequential on commencement of the proposed Workplace Relations Amendment (Genuine Bargaining) Act 2002, allows protected industrial action to be taken without a secret ballot, after a cooling-off period; and provides for the recommencement of protected action after the end of a suspension of a bargaining period. Also contains application and saving provisions.

HR bill – negatived at 3rd reading by Senate 25 September 2002

Workplace Relations Amendment (Secret Ballots for Protected Action) Bill 2002 [No. 2]

HR bill – identical to original bill – introduced 13 November 2002; passed by HR 4 March 2003; negatived at 3rd reading by Senate 24 March 2003

Workplace Relations Amendment (Termination of Employment) Bill 2002

Amends the Workplace Relations Act 1996 to: extend the operation of the federal unfair dismissal system to all employees of constitutional corporations; prevent employees from accessing remedies under comparable State unfair dismissal schemes; and make amendments to the operation of the unfair dismissal system. Also contains application provisions.

HR bill – negatived at 3rd reading by Senate 11 August 2003

Workplace Relations Amendment (Termination of Employment) Bill 2002 [No. 2]

HR bill – identical to original bill – introduced 6 November 2003; passed by HR 11 February 2004; negatived at 3rd reading by Senate 22 March 2004


* Four predecessor bills negatived in the Senate in 38th and 39th Parliaments:

Workplace Relations Amendment Bill 1997 – HR bill – negatived at 2nd reading by Senate 21 October 1997

Workplace Relations Amendment Bill 1997 [No. 2] – HR bill – negatived at 2nd reading by Senate 25 March 1998

Workplace Relations Amendment (Unfair Dismissals) Bill 1998 – HR bill – not identical to original bill though some measures in original bill incorporated in this bill – negatived at 2nd reading by Senate 14 August 2000

Workplace Relations Amendment (Unfair Dismissals) Bill 1998 [No. 2] – HR bill – negatived at 2nd reading by Senate 26 March 2001