Anne Urquhart

I present the 10th report of 2024 of the Selection of Bills Committee. I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows—

SELECTION OF BILLS COMMITTEE

REPORT NO. 10 OF 2024

12 September 2024

MEMBERS OF THE COMMITTEE

Senator Anne Urquhart (Government Whip, Chair)

Senator Wendy Askew (Opposition Whip)

Senator Ross Cadell (The Nationals Whip)

Senator Pauline Hanson (Pauline Hanson's One Nation Whip)

Senator Jacqui Lambie (Jacqui Lambie Network Whip)

Senator Nick McKim (Australian Greens Whip)

Senator Ralph Babet

Senator the Hon. Anthony Chisholm

Senator the Hon. Katy Gallagher

Senator Maria Kovacic

Senator Matt O'Sullivan

Senator Fatima Payman

Senator David Pocock

Senator Gerard Rennick

Senator Lidia Thorpe

Senator Tammy Tyrrell

Senator David Van

Secretary: Tim Bryant 02 6277 3020

1. The committee met in private session on Wednesday, 11 September 2024 at 7.14 pm.

2. The committee recommends that—

(a) the Administrative Review Tribunal (Miscellaneous Measures) Bill 2024 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 31 October 2024 (see appendix 1 for a statement of reasons for referral);

(b) the Family Law Amendment Bill 2024 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 31 October 2024 (see appendix 2 for a statement of reasons for referral); and

(c) contingent upon introduction in the House of Representatives, the provisions of the Future Made in Australia (Guarantee of Origin) Bill 2024, Future Made in Australia (Guarantee of Origin Charges) Bill 2024 and Future Made in Australia (Guarantee of Origin Consequential Amendments and Transitional Provisions) Bill 2024 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 31 October 2024 (see appendix 3 for a statement of reasons for referral).

1. The committee recommends that the following bills not be referred to committees:

2. The committee deferred consideration of the following bills to its next meeting:

Aged Care Legislation Amendment Bill 2024

•Criminal Code Amendment (Inciting Illegal Disruptive Activities) Bill 2023

1. The committee considered the following bills but was unable to reach agreement:

(Anne Urquhart)

Chair

12 September 2024

Appendix 1

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Administrative Review Tribunal (Miscellaneous Measures) Bill 2024

Reasons for referral/principal issues for consideration:

To allow the Committee to scrutinise this legislation.

Possible submissions or evidence from:

Stakeholders and interested parties .

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

September and October

Possible reporting date:

31 October

Print name:

Wendy Askew

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Administrative Review Tribunal (Miscellaneous Measures) Bill 2024

Reasons for referra1/principal issues for consideration:

Consider details

Possible submissions or evidence from:

Experts, stakeholders

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

Mid October

Possible reporting date:

31 October

Print name:

Nick McKim

Appendix 2

Name of bill:

Family Law Amendment Bill 2024

Reasons for referral/principal issues for consideration:

To allow the Committee to scrutinise this legislation and allow interested parties the opportunity to provide evidence into the proposed legislation.

Possible submissions or evidence from:

Stakeholders, legal representatives, interested parties.

Committee to which bill is to be referred:

Legal and Constitutional Affairs Legislation Committee

Possible hearing date(s):

October

Possible reporting date:

14 November 2024

Print name:

Wendy Askew

Appendix 3

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Reasons for referral/principal issues for consideration:

Possible submissions or evidence from:

Possible hearing date(s):

To be determined by the committee

Possible reporting date:

Print name:

Senator Anne Urquhart

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

Future Made in Australia (Guarantee of Origin) Bill

Future Made in Australia (Guarantee of Origin Charges) Bill

Future Made in Australia (Guarantee of Origin Consequential Amendments and Transitional Provisions) Bill

Reasons for referral/principal issues for consideration:

To provide proper scrutiny over this legislation and to ensure that all impacted parties have their opportunity to voice concerns about these Bills.

Possible submissions or evidence from:

Impacted entities, organisations and interested parties.

Committee to which bill is to be referred:

Environment and Communications Legislation Committee

Possible hearing date(s):

September and October

Possible reporting date:

31 October

Print name:

Wendy Askew

SELECTION OF BILLS COMMITTEE

Proposal to refer a bill to a committee

Name of bill:

4x FMIA (Guarantee of Origin)

Bills Reasons for referra1/principal issues for consideration:

Complex policy—want to get experts and stakeholders views on the legislation. Want to explore if there are any integrity issues with it.

Possible submissions or evidence from:

Climate Council, ACF, clean energy council, renewable energy companies

Committee to which bill is to be referred:

E&C

Possible hearing date(s):

Mid October

Possible reporting date:

31 October

Print name:

Nick McKim

I move:

That the report be adopted.

Katy Gallagher

I move:

At the end of the motion, add "and, in respect of the Aboriginal Land Rights (Northern Territory) Amendment (Scheduling) Bill 2024, the bill not be referred to a committee".

Jonathon Duniam

I move an amendment to the amendment:

At the end of the motion, add "and, in respect of the Aboriginal Land Rights (Northern Territory) Amendment (Scheduling) Bill 2024, the bill be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 14 November 2024".

Jacinta Nampijinpa Price

The coalition requires that this bill be sent to the Finance and Public Administration Legislation Committee for consideration. We all agree in this chamber that proper consultation is an important part of our democratic process. The proper consultation process is all that we are asking for with regard to this bill. Quite frankly, I'm surprised that the Albanese government does not want to support one of those most fundamental tenants of our democratic system.

While there is a need for land claims to be determined in a timely manner, that must not come at the expense of being thorough and making decisions that are properly considered. We as the coalition are not satisfied as things currently stand—that there has been the appropriate level of consultation to support this bill. As such, we are not willing to support it until we are satisfied that there has been the chance for the relevant stakeholders to appear before the committee, the chance for them to be heard and listened to.

It's important to bear in mind that this piece of land is already subject to exploratory licences for petroleum and minerals. That means that there are people and companies who have potential interests already in the relevant sections of this land. It means there is potential for economic activity to be undertaken on this land. These matters need to be properly considered before this land is added to the act. A real consultation process would exist if this matter were referred to a committee and allowed for that consultation process to occur. Not only does the committee allow for the relevant people to be heard on the matter but it is also an incredibly important opportunity for a wider examination with respect to handing land to land councils in a more general sense.

What is blaringly obvious is that the current process isn't working. Significant amounts of land are being added to the land rights act and coming under the control of the relevant land councils, yet the condition and the quality of life for Indigenous Australians in these communities is not in fact improving. In this case, there are exploratory licences already in place on this land. We know that there is the opportunity for traditional owners to engage with those licence holders for the purpose of creating wealth and economic development on their own land.

It is becoming evident that those large amounts of land that are being added to the act are then being managed by land councils, which are proving to be dysfunctional. They are bodies that I've certainly lost faith in, and many Indigenous Australians that I speak to, Territorians in particular, have lost faith in their ability to protect and advocate for the interests of traditional owners.

As I've been trying to tell these Albanese government for such a long time now, including the traditional owners who were in just this week, something is seriously wrong with the system of adding land to the Land Rights Act when the bodies that oversee it are not fit for purpose and, instead of protecting the interests of traditional owners, are exploiting them. We have situations where pastoralists are being charged by land councils who are offering backburn on the land of traditional owners—pastoralists who are trying to be helpful, to mitigate dangers of fire, to protect the land and do something that would benefit traditional owners. Yet the land council simply says: 'Give us some money. If not, then no; go away.'

It is not good enough. This is using the interests of traditional owners, who are supposed to represent this land, to do nothing more than rent seek. This kind of behaviour by land councils is why we cannot make decisions like the one being proposed by this bill lightly. We must be convinced that proper time and thought have been given to adding land to land councils. Referring this matter to the committee would of course allow this to happen. The Labor government must not try to ram these things through at the expense of proper process and very possibly at the expense of the interests of what actually benefits Indigenous Australians the most.

So, for the sake of democracy and for the sake of encouraging economic development and independence for our most marginalised Australians, the coalition will not rush into supporting this bill. And if the Labor government took a minute to think about it, well, they shouldn't either.

Sue Lines

If there are no other speakers, I'm going to put Senator Duniam 's amendment first. The question is that the amendment, as moved by Senator Duniam, to Senator Gallagher 's amendment to the Selection of Bills Committee report be agreed to.

Mehreen Faruqi

I move:

That there be laid on the table by the Minister representing the Attorney-General, by no later than 9.30 am on Tuesday, 27 August 2024, all documents, advice and correspondence between any of the organisations listed below and the Australian Human Rights Commission relating to past and current staff of the Australian Human Rights Commission over the last 12 months:

(a) Executive Council of Australian Jewry;

(b) Zionist Federation of Australia;

(c) Australia/Israel and Jewish Affairs Council; and

(d) New South Wales Jewish Board of Deputies.

Jacqui Lambie

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Jacqui Lambie

Senator Faruqi calls out racism a lot. There's nothing wrong with that. We all should. In 2022 she told the chamber:

We are also gaslighted by those who think engaging in racist attacks constitutes a debate, even though the line between genuine, robust debate and racism and discrimination should actually be clear to everyone.

Reading this motion, I would suggest to Senator Faruqi that her motion completely crosses the line. Now it's Senator Faruqi who is gaslighting the Human Rights Commission and Jewish-Australian organisations. Just two weeks ago Mike Burgess, the head of ASIO, called on Australian leaders to be careful with their language, to do everything they could to lower the temperature and not to stoke division. But here we are again. Here are the Greens going again: stoking division and whipping up hate. Imagine if there was a motion put up in this place asking for all correspondence for Muslim groups and staff correspondence with the Human Rights Commission. The Greens love talking the progressive walk. They are hypocrites. I hope your voters punish you at the next election.

You are religiously being racist!

Sue Lines

Order, Senators Lambie and Faruqi! Senator McKim?

Nick McKim

On a point of order. The last words Senator Lambie uttered after she sat down—

Sue Lines

If you think they're offensive, ask me to ask her to withdraw. I don't want them—

Nick McKim

I think they're offensive, and I ask her to withdraw.

Sue Lines

Senator Lambie, there were interjections in the chamber, if you—

Jacqui Lambie

I withdraw.

Sue Lines

Thank you very much. Senator Duniam?

Jonathon Duniam

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Jonathon Duniam

One of the issues that Jewish groups have raised in the last 12 months is the involvement of AHRC staff in the doxxing of Jewish creatives, which has made so many Jewish Australians feel unsafe in their own country. This motion seeks to use the processes of parliament to double down on that doxxing, and it's not an appropriate use of parliamentary powers at all.

Helen Polley

The question is that general business notice of motion No. 582, standing in the name of Senator Faruqi, be agreed to.

Nick McKim

I understand that you will now be putting the question on the Government Business Notice of Motion No. 1. Could I please ask that the question be put separately on (a)(i) and (a)(iii)? Just to be clear, we are asking that the question be put separately on the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill and the Counter-Terrorism Legislation Amendment (Declared Areas) Bill 2024. I can inform the Senate that that request is based on the fact that the Greens will be voting differently on those two bills as to the rest of the motion.

Andrew McLachlan

I am splitting the question. The first question will be whether the motion effectively applies to the National Disability Insurance Scheme and the Counter-Terrorism Legislation Amendment (Declared Areas) Bill. I am indicating Senator McKim will be voting differently. The Greens will be voting against that. Those that wish those to be included in the substantive motion will be voting in the affirmative. The question before the Senate is that the two bills, the National Disability Insurance Scheme bill and the Counter-Terrorism Legislation Amendment (Declared Areas) Bill, will remain in the motion?

No motion text available

Sue Lines

Yesterday evening, at 6.30 pm, a division was called on the motion moved by Senator Hanson relating to a proposed reference to the Legal and Constitutional Affairs References Committee:

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 6 December 2024:

The effectiveness of the operation of the native title system, and options to improve:

(a) the economic development resulting from native title; and

(b) certainty over the claim process.

I understand that it now suits the convenience of the Senate for the deferred vote to be held now. The question is that the deferred motion from yesterday evening, standing in the name of Senator Hanson, be agreed to.

Katy Gallagher

At the request of Senator Chisholm, I move:

That on Thursday, 15 August 2024:

(a) the questions on all remaining stages of the Fair Work (Registered Organisations) Amendment (Administration) Bill 2024 be put at 12.15 pm;

(b) paragraph (a) operate as a limitation of debate under standing order 142; and

(c) divisions may take place between 1.30 pm and 2 pm until consideration of the bill has concluded.

Jonathon Duniam

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Jonathon Duniam

The coalition, of course, will be opposing this motion. The Senate needs more time to consider and properly scrutinise this bill. Given Senator Cash has advised Minister Watt that we're unable to support this motion because we're in the middle of negotiations with the government to strengthen this legislation and make it fit for purpose, it's unreasonable to demand a guillotine tomorrow considering there's still work to do. We're all negotiating in good faith on how the bill should be changed.

Murray Watt

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Murray Watt

Senator Duniam is correct, and I think it's a matter of public record that discussions have begun between the government and the opposition about the bill itself. The motion which we're currently debating sets a deadline of 12.15 pm tomorrow to pass the bill itself. I note that Senator Cash has publicly said today that the opposition wants to move this and pass this legislation through the Senate tomorrow, so I invite the opposition to nominate an alternative time tomorrow afternoon by which they would be prepared to pass the bill, in line with what Senate Cash has said. I invite the opposition to move an amendment to our motion to nominate a time tomorrow, in line with what Senator Cash has said publicly.

Sue Lines

The question is that government business No. 1, standing in the name of Senator Chisholm and moved by Senator Gallagher, be agreed to.

Sue Lines

The question is government business No. 1 standing in the name of Senator Chisholm and moved by Senator Gallagher be agreed to.

Sue Lines

The question is that the motion as moved by Senator Colbeck be agreed to.

Richard Colbeck

I move:

That, with reference to recommendation 12 of the Finance and Public Administration References Committee's final report on its inquiry into management and assurance of integrity by consulting services—

(1) There be laid on the table by the Minster for Finance biannual statements on expenditure on consultancy contracts which provide for consideration to the value of $2 million or more, by all Australian Public Service departments and agencies.

(2) The statements are due not later than the tenth day after the end of the preceding six-month period commencing 1 January and 1 July.

(3) Each report is to include, in relation to each contract, details of the:

(a) AusTender contract notice identification number;

(b) dollar value;

(c) subject matter;

(d) duration;

(e) contracting government agency;

(f) firm or entity providing the work;

(g) an explanation of what the contract is expected to deliver/purpose of the contract;

(h) any changes or extensions; and

(i) any matters of probity or conflict of interest that have arisen in the conduct of the work.

(4) Each report is to include the total amount of all current consultancy contracts in each agency or department.

(5) The order is of continuing effect until the Finance and Public Administration References Committee has reported to the Senate that recommendation 8 of the final report of the inquiry into management and assurance of integrity by consulting services has been implemented.

Katy Gallagher

by leave—I move amendments to the motion as circulated in the chamber:

(1) Paragraph (2), omit "tenth day", substitute "twenty-first day".

(2) Paragraph (3)(a), omit "dollar value", substitute "contract value".

(3) Omit paragraph (3)(i), substitute:

(i) instances where a notification was received under the Supplier Code of Conduct in the conduct of the work

I thank Senator Colbeck and his office for the engagement.

Question agreed to.

Larissa Waters

by leave—I move the following amendment to the motion:

Omit "$2 million" in paragraph (1), substitute "$500,000".

Sue Lines

The question is that the amendment, as moved by Senator Waters, be agreed to.

Sue Lines

The question is that business of the Senate No. 7, moved by Senator Cadell and amended by Senator Thorpe, be agreed to.