Commentary on Amendments and Explanatory Materials [2018] AUSStaCSBSD 275 (5 December 2018)

• Commentary on amendments and explanatory materials

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Commentary on amendments
and explanatory materials

Higher Education Support Amendment (VET FEE-HELP Student Protection) Bill 2018

[Digests 12 & 13/18]

1.178 On 28 November 2018 the Assistant Minister to the Deputy Prime Minister (Mr Broad) presented an addendum to the explanatory memorandum and the bill was read a third time.

1.179 The committee thanks the assistant minister for tabling this addendum to the explanatory memorandum which includes key information previously requested by the committee.^[107]

Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Bill 2018

Previous citation: Social Services Legislation Amendment (Encouraging Self-sufficiency for Newly Arrived Migrants) Bill 2018

[Digests 5 & 6/18]

1.180 On 28 November 2018 the House of Representatives agreed to 70 Government amendments, the Minister for Families and Social Services (Mr Fletcher) presented an addendum to the explanatory memorandum and a supplementary explanatory memorandum and the bill was read a third time.

1.181 The majority of the government amendments seek to increase or decrease waiting periods in relation to particular social security payments and tax incentives for newly arrived residents. Government amendments 24, 35, 39, 44, 45, 55, 56, 63 and 64 seek to provide that particular waiting periods do not apply to visas determined by the minister by legislative instrument, and to empower the minister to make legislative instruments for this purpose.

1.182 The committee's consistent view is that significant matters, such as the period for which classes of persons must wait to receive social security payments, should be included in primary legislation unless a sound justification for the use of delegated legislation in provided. In this instance, the supplementary explanatory memorandum states that the inclusion of the power to determine additional visas by legislative instrument is to accommodate any changes to the name or subclass of the relevant visa types without requiring further amendments.^[108]

1.183 While acknowledging this explanation, the committee notes that it does not generally consider flexibility, on its own, to be a sufficient justification for powers to determine significant matters by legislative instrument. The committee also notes that the bill does not appear to contain any specific limitations on the manner in which the minister's powers may be exercised.

1.184 The committee notes its scrutiny concerns regarding the power for the minister, by legislative instrument, to determine visas to which particular waiting periods for social security payments and tax incentives would not apply.

1.185 However, in light of the fact that the bill has passed both Houses of Parliament, the committee makes no further comment on this matter.

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

• Aboriginal Land Rights (Northern Territory) Amendment Bill 2018;^[109]

• Aged Care Quality and Safety Commission Bill 2018;^[110]

• Federal Circuit and Family Court of Australia Bill 2018;^[111]

• Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2018;^[112]

• Migration Amendment (Family Violence and Other Measures) Bill 2016;^[113]

• Modern Slavery Bill 2018;^[114]

• Office of National Intelligence Bill 2018 and the Office of National Intelligence (Consequential and Transitional Provisions) Bill 2018;^[115]

• Social Services Legislation Amendment (Housing Affordability) Bill 2017;^[116] and

• Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Bill 2018.^[117]

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[107] Senate Standing Committee for the Scrutiny of Bills, Scrutiny Digest 13 of 2018, pp. 21-23

[108] Supplementary explanatory memorandum, pp. 7-9, 11-13.

[109] On 26 November 2018 the Senate agreed to two Government amendments, the Minister for International Development and the Pacific (Senator Ruston) tabled a supplementary explanatory memorandum to the bill and the bill was read a third time.

[110] On 26 November 2018 the Senate agreed to nine Government amendments and the bill was read a third time. On 27 November 2018 the House of Representatives agreed to the Senate amendments, the Minister for Indigenous Health (Mr Wyatt) presented an addendum to the explanatory memorandum to the bill and the bill was passed.

[111] On 27 November 2018 the House of Representatives agreed to four Government amendments, the Assistant Treasurer (Mr Robert) presented a supplementary explanatory memorandum to the bill and the bill was read a third time.

[112] On 27 November 2018 the House of Representatives agreed to 127 Government amendments, the Assistant Treasurer (Mr Robert) presented a supplementary explanatory memorandum to the bill and the bill was read a third time.

[113] On the 27 November 2018 the Senate agreed to two Government amendments. On 28 November 2018 the Senate agreed to another two Government amendments and the bill was read a third time. On 28 November 2018 the House of Representatives agreed to the Senate amendments and the bill was passed.

[114] On 28 November 2018 the Senate agreed to eight Government amendments, the Assistant Minister for Home Affairs (Senator Reynolds) tabled a supplementary explanatory memorandum and the bill was read a third time. On 29 November 2018 the House of Representatives agreed to the Senate amendments and the bill was passed.

[115] On 27 November 2018 the House of Representatives agreed to four Government amendments to the Office of National Intelligence Bill 2018 and two Government amendments to the Office of National Intelligence (Consequential and Transitional Provisions) Bill 2018, the Special Minister of State (Mr Hawke) presented a supplementary explanatory memorandum to the bills and the bills were read a third time.

[116] On 28 November 2018 the House of Representatives agreed to 40 Government amendments, the Minister for Families and Social Services (Mr Fletcher) presented a supplementary explanatory memorandum and the bill was read a third time.

[117] On 29 November 2018 the House of Representatives agreed to three Government amendments, the Assistant Treasurer (Mr Robert) presented a supplementary explanatory memorandum to the bill and the bill was read a third time.