Commentary on Amendments and Explanatory Materials [2017] AUSStaCSBSD 389 (15 November 2017)

• Commentary on amendments and explanatory materials
• Criminal Code Amendment (Firearms Trafficking) Bill 2017
• Industrial Chemicals Bill 2017 and related bills 127 [Digest 6 & 8/17]
• National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Bill 2017
• Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
• No comments

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Commentary on amendments
and explanatory materials

Criminal Code Amendment (Firearms Trafficking) Bill 2017

[Digest 3/17]

1.174 On 24 October 2017 the Minister for Justice (Mr Keenan) presented a supplementary explanatory memorandum. On 25 October 2017 the House of Representatives agreed to two Government amendments and the bill was read a third time.

1.175 The amendments to the bill provide mandatory minimum sentences of five years' imprisonment for firearms trafficking offences for offenders aged 18 and over.

1.176 The committee has consistently noted that mandatory penalties necessarily undermine the discretion of judges to ensure that penalties imposed are proportionate in light of the individual circumstances of particular cases. While a court retains a discretion as to the non-parole period, a mandatory minimum sentence still requires that a person be subject to a penalty for that period (either in prison or subject to parole conditions).

1.177 The committee draws its scrutiny concerns to the attention of Senators and leaves to the Senate as a whole the appropriateness of imposing mandatory minimum sentences for firearm trafficking offences.

Industrial Chemicals Bill 2017 and related bills ^[127]
[Digest 6 & 8/17]

1.178 On 17 October 2017 in the House of Representatives the Assistant Minister for Immigration and Border Protection (Mr Hawke) presented addendums to the explanatory memoranda to these bills in response to concerns raised by the committee.^[128]

1.179 The committee thanks the Assistant Minister for providing these addendums to the explanatory memoranda which includes key information previously requested by the committee.

National Disability Insurance Scheme Amendment (Quality and Safeguards Commission and Other Measures) Bill 2017

[Digest 6 & 8 /17]

1.180 On 16 October 2017 the Minister for Defence (Senator Payne) tabled an addendum to the explanatory memorandum in response to concerns raised by the committee.^[129]

1.181 The committee thanks the Minister for providing this addendum to the explanatory memorandum which includes key information previously requested by the committee.

Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017

[Digest /17]

1.182 On 26 October 2017 the House of Representatives agreed to 10 Government amendments, the Minister for Veterans' Affairs (Mr Tehan) presented a supplementary explanatory memorandum and the bill was read a third time.

1.183 Amendment 5 seeks to amend the bill to provide that instead of the Minister being empowered to delegate any of his or her functions or powers to a Commission member or any APS employee, the Minister can only delegate to a Commission member or an SES employee in the Department. This addresses concerns previously raised by the committee regarding the broad delegation of administrative powers.^[130]

1.184 The committee welcomes the amendments that appropriately limit the categories of people to whom the Minister's powers and functions under the Military Rehabilitation and Compensation Act 2004 may be delegated.

No comments

1.185 The committee has no comments on amendments made or explanatory material relating to the following bills:

• Competition and Consumer Amendment (Competition Policy Review) Bill 2017;^[131] and

• Customs Amendment (Singapore-Australia Free Trade Agreement Amendment Implementation) Bill 2017.^[132]

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[127] Industrial Chemicals (Consequential Amendments and Transitional Provisions) Bill 2017; Industrial Chemicals Charges (Customs) Bill 2017; Industrial Chemicals Charges (Excise) Bill 2017 and Industrial Chemicals Charges (General) Bill 2017.

[128] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest No. 8 of 2017, 9 August 2017, pp 89-102.

[129] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest No. 8 of 2017, 9 August 2017, pp 107-124.

[130] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest No. 6 of 2017, 14 June 2017, pp 158-159.

[131] On 16 October 2017 the Senate agreed to one Opposition amendment. On 18 October 2017 the House of Representatives agreed to the Senate amendment and the bill passed both Houses.

[132] On 19 October 2017 the Senate agreed to five Government amendments and Senator McGrath tabled a supplementary explanatory memorandum. On the same day the House of Representatives agreed to the Senate amendments and the will was passed.