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senate vote 2020-11-12#5

Edited by mackay

on 2020-11-27 10:03:54

Title

  • Committees Selection of Bills Committee; Report
  • Committees - Selection of Bills Committee; Report - Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020

Description

  • <p class="speaker">Dean Smith</p>
  • <p>I present the tenth report of 2020 for the Selection of Bills Committee and I seek leave to have the report incorporated into <i>Hansard</i>.</p>
  • <p>Leave granted.</p>
  • The same number of senators voted for and against the [amendment](https://www.openaustralia.org.au/senate/?gid=2020-11-12.35.1) moved by Senator [Katy Gallagher](https://theyvoteforyou.org.au/people/senate/act/katy_gallagher), which meant it failed.
  • ### Amendment text
  • > *"but, in respect of the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020, the Environment and Communications Legislation Committee report by 3 February 2021."*
  • ### Original motion text
  • > *That the [report](https://www.openaustralia.org.au/senate/?gid=2020-11-12.34.3) be adopted.*
  • <p class="italic"> <i>The report read as follows&#8212;</i></p>
  • <p class="italic"> Selection of Bills Committee</p>
  • <p class="italic"> REPORT NO. 10 OF 2020</p>
  • <p class="italic">1. The committee met in private session on Wednesday, 11 November 2020 at 7.13pm.</p>
  • <p class="italic">2. The committee recommends that&#8212;</p>
  • <p class="italic">(a) the <i>provisions</i> of the Aged Care Amendment (Aged Care Recipient Classification) Bill 2020 be <i>referred immediately</i> to the Community Affairs Legislation Committee for inquiry and report by 2 December 2020 (see appendix 1 for a statement of reasons for referral);</p>
  • <p class="italic">(b) the Aged Care Legislation Amendment (Improved Home Care Payment Administration No. 1) Bill 2020 be <i>referred immediately</i> to the Community Affairs Legislation Committee for inquiry and report by 27 November 2020 (see appendix 2 for a statement of reasons for referral);</p>
  • <p class="italic">(c) the <i>provisions</i> of the Aged Care Legislation Amendment (Improved Home Care Payment Administration No. 2) Bill 2020 be <i>referred immediately</i> to the Community Affairs Legislation Committee for inquiry and report by 27 November 2020 (see appendix 3 for a statement of reasons for referral);</p>
  • <p class="italic">(d) the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 be <i>referred immediately</i> to the Environment and Communications Legislation Committee but was unable to reach agreement on a reporting date (see appendix 4 for a statement of reasons for referral);</p>
  • <p class="italic">(e) the <i>provisions</i> of the Health Insurance Amendment (Compliance Administration) Bill 2020 be <i>referred immediately</i> to the Community Affairs Legislation Committee for inquiry and report by 2 December 2020 (see appendix 5 for a statement of reasons for referral);</p>
  • <p class="italic">(f) the <i>provisions</i> of the Immigration (Education) Amendment (Expanding Access to English Tuition) Bill 2020 be <i>referred immediately</i> to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 27 November 2020see appendix 6 for a statement of reasons for referral); and</p>
  • <p class="italic">(g) contingent upon introduction in the House of Representatives, the <i>provisions</i> of the Social Services and Other Legislation Amendment (Extension of Coronavirus Support) Bill 2020 be <i>referred immediately</i> to the Community Affairs Legislation Committee for inquiry and report by 27 November 2020 (see appendix 7 for a statement of reasons for referral).</p>
  • <p class="italic">3. The committee recommends that the following bills <i>not</i> be referred to committees:</p>
  • <ul></ul><ul></ul><ul></ul><p class="italic">Bankruptcy (Estate Charges) Amendment (Norfolk Island) Bill 2020.</p>
  • <p class="italic">4. The committee deferred consideration of the following bills to its next meeting:</p>
  • <ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><p class="italic">Corporations (Fees) Amendment (Hayne Royal Commission Response) Bill 2020</p>
  • <ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><ul></ul><p class="italic">(Dean Smith)</p>
  • <p class="italic">Chair</p>
  • <p class="italic">12 November 2020</p>
  • <p>I move:</p>
  • <p class="italic">That the report be adopted.</p>
  • <p class="speaker">Katy Gallagher</p>
  • <p>I move:</p>
  • <p class="italic">"but, in respect of the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020, the Environment and Communications Legislation Committee report by 3 February 2021."</p>
  • <p>This amendment would allow a short inquiry&#8212;considering the time frame from the end of the year and the Christmas break&#8212;into an important piece of legislation. It will also allow for consideration of any issues raised by the Samuel report, which has not been publicly released yet, and for that to be reported back to the Senate. We hope that the government is able to agree to this. It's not a long inquiry. It will allow for consideration of the Samuel report plus fresh consideration of any issues raised through that process prior to the debate on this bill. I understood that the government was considering moving an amendment to allow a short referral, and I understand that's not the case anymore. So, if senators do want a referral of this bill, they will need to support this amendment. Hopefully, we will get support from the Senate for this important amendment to this important piece of legislation.</p>
  • <p class="speaker">Scott Ryan</p>
  • <p>Just to clarify, the report recommends a reference but without a reporting date. That is the current status of the report as it is being moved. So the reference doesn't contain a date.</p>
  • <p class="speaker">Sarah Hanson-Young</p>
  • <p>The Senate has debated this issue a number of times now. It's clear that there is a strong will within this place for a proper review into this piece of legislation. As Senator Gallagher has eloquently described, we are still waiting for the final report into the Samuel review, and I think these things need to be considered together. Of course, there needs to be a legitimate time frame for this. We are now quickly heading towards the end of the year. We only have two sitting weeks left in this place. We need to make sure, if we're going to inquire into this piece of legislation, that the committee can report at the earliest possible opportunity, that being February. Suggesting that an inquiry into such important legislation could be done within a shorter time frame than that would make it simply all looks and no substance. This shouldn't be just a tick-and-flick exercise. This is an important issue into drastic changes to Australia's environment laws. So the Greens will support this amendment put forward by the opposition, and we urge the government and the crossbench to be realistic about the time frame here. Anything shorter than this will be a joke.</p>
  • <p class="speaker">Rex Patrick</p>
  • <p>Just in making a decision as to whether or not to support the amendment, it would be helpful if the government were to advise the chamber as to when the Samuels report will be tabled. I note that it is supposed to be tabled within 15 sitting days of the minister having received the report, and I don't think the statutes prevent earlier tabling. We know from estimates that the minister now has the report. Can you give some advice in respect of that, Minister? That would certainly help me to make a decision on the way in which I would vote on this amendment.</p>
  • <p class="speaker">Anne Ruston</p>
  • <p>The government won't be supporting the referral of this bill to the date next year. However, we will, subject to the will of this chamber, be moving an alternative amendment for an earlier reporting date.</p>
  • <p>In relation to the matter that Senator Patrick has raised: I do not have that advice before me. It's not a matter that one would normally debate with the Selection of Bills Committee. I would suggest that you raise the matter with the minister.</p>
  • <p class="speaker">Scott Ryan</p>
  • <p>The question is that the amendment moved by Senator Gallagher be agreed to.</p>