Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Link to this | Hansard source

I give notice that, on the next day of sitting, I shall move:

Senator Collins to move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Water Amendment (Long-term Average Sustainable Diversion Limit Adjustment) Bill 2012, allowing it to be considered during this period of sittings.

I also table a statement of reasons justifying the need for the bill to be considered during these sittings and seek leave to have the statement incorporated in Hansard.

Leave granted.

The statement read as follows—

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2012 SPRING SITTINGS

WATER AMENDMENT (LONG-TERM AVERAGE SUSTAINABLE DIVERSION LIMIT ADJUSTMENT) BILL

Purpose of the Bill

The bill provides a mechanism for adjusting a long-term sustainable diversion limit (SDL), within set limits, without the Basin Plan going through the formal amendment process. It will provide for the Murray Darling Basin Authority to be able to adjust the limit in a way that reflects the environmentally sustainable level of take, determine that any criteria in the Basin Plan for the above purposes have been met and require a State water resource plan to reflect the adjustments to the limit. It provides that notice may be tabled by the Minister adjusting the SDL.

Reasons for Urgency

During the Basin Plan public consultation there was strong support for a process that would enable the SDL to be adjusted without the formal Basin Plan adjustment process being invoked. The s.43A(4) consensus statement by the Murray-Darling Basin Ministerial Council on the proposed Basin Plan included support for the development by the Murray-Darling Basin Authority, together with Basin States, of an SDL adjustment mechanism.

The Government intent is to make the Basin Plan this calendar year. Unless the amendment is made this sitting then the adjustment mechanism to be included within the Basin Plan could not take account of the amendment.

I give notice that, on the next day of sitting, I shall move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:

Corporations Legislation Amendment (Derivative Transactions) Bill 2012

Crimes Legislation Amendment (Serious Drugs, Identity Crime and Other Measures) Bill 2012

Freedom of Information Amendment (Parliamentary Budget Office) Bill 2012

Higher Education Support Amendment (Streamlining and Other Measures) Bill 2012

National Health Security Amendment Bill 2012

Personal Liability for Corporate Fault Reform Bill 2012

Superannuation Auditor Registration Imposition Bill 2012

Superannuation Laws Amendment (Capital Gains Tax Relief and Other Efficiency Measures) Bill 2012

Superannuation Legislation Amendment (New Zealand Arrangement) Bill 2012

Tax Laws Amendment (2012 Measures No. 5) Bill 2012

Tax Laws Amendment (Clean Building Managed Investment Trust) Bill 2012.

I also table statements of reasons to justify the need for these bills to be considered during these sittings and seek leave to have the statements incorporated in Hansard.

Leave granted.

The statements read as follows—

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2012 SPRING SITTINGS

CORPORATIONS LEGISLATION AMENDMENT (DERIVATIVE TRANSACTIONS) BILL

Purpose of the Bill

Reasons for Urgency

Australia has committed at G-20 that standardised OTC derivatives should be trade reported, centrally cleared and, where appropriate, traded on-platform by the end of 2012. Therefore, passage in the Spring sittings is necessary in order to implement Australia’s G-20 commitments in 2012.

Australia’s framework needs to be designed to meet the requirements for mutual recognition under international OTC derivatives regimes, which are currently still in the process of being settled. There is also a need for further consultation on the details of Australia’s framework, which is why the proposed amendments need to be introduced in the Spring sittings.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2012 SPRING SITTINGS

CRIMES LEGISLATION AMENDMENT (SERIOUS DRUGS, IDENTITY CRIME AND OTHER MEASURES) BILL 2012

Purpose of the Bill

The bill contains a range of measures to improve Commonwealth criminal justice arrangements, including amendments to:

Reasons for Urgency

Urgent introduction and passage of the bill is required to enable new substances, including certain synthetic cannabinoids, to be listed within the Commonwealth’s serious drug offences framework as soon as possible. This will enable law enforcement and border protection agencies to respond rapidly to threats posed by these substances. The bill also contains key measures to combat organised crime and identity crime.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2012 SPRING SITTINGS

FREEDOM OF INFORMATION AMENDMENT (PARLIAMENTARY BUDGET OFFICE) BILL

Purpose of the Bill

The bill amends the Freedom of Information Act 1982 (FOI Act) to provide a new FOI exemption for documents related to confidential requests to the Parliamentary Budget Office (PBO) and to make a consequential amendment to the Privacy Act 1988.

While the PBO is an exempt agency under the FOI Act, documents related to PBO information held by departments and agencies may not be protected from release under the FOI Act. The bill amends the FOI Act to provide an exemption for information held by departments and agencies that relates to a confidential request to the PBO. The bill also amends section 25 of the FOI Act to provide that an agency is not required to give information as to the existence or non-existence of a document where it is exempt under the new exemption for documents that relate to a confidential request to the PBO.

Reasons for Urgency

As the Parliamentary Budget Office commenced operations on the 23 July 2012 it is essential that the amendments are introduced and passed as soon as possible.

The amendments are critical to the effective operation of the new Office and will enhance the operation of the Parliamentary Budget Office for all senators and members from all political parties.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2012 SPRING SITTINGS

HIGHER EDUCATION SUPPORT AMENDMENT (STREAMLINING AND OTHER MEASURES) BILL

Purpose of the Bill

Amendments are required to the Higher Education Support Act 2003 (the Act) to give effect to the April 2012 COAG National Partnership Agreement on Skills Reform.

The amendments give effect to the Government’s decision to implement the COAG agreement for a trial of specific Certificate IV VET courses of study to commence on 1 January 2013. The proposed amendments will implement a risk management approach to improve quality assurance of the approvals process and to enhance the provider suspension and revocation processes to improve protection of students and public monies.

Reasons for Urgency

Introduction and passage of the bill in the 2012 Spring sitting period is necessary to ensure the COAG trial of Certificate IV qualifications can commence by 1 January 2013. A delay in the amendments to improve the approvals process and the provider suspension and revocation processes may jeopardise public monies paid to high risk private providers on behalf of students undertaking courses at such providers.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2012 SPRING SITTINGS

NATIONAL HEALTH SECURITY AMENDMENT BILL 2012

Purpose of the Bill

The bill amends the National Health Security Act 2007 (NHS Act) to:

- introduce greater flexibility to better manage the security risk of security sensitive biological agents (SSBA) handlings by entities that:

- enhance reporting about suspected SSBAs by:

Reasons for Urgency

The object of the NHS Act is to establish controls for the security of biological agents of security concern that could be used in bioterrorist attacks. The controls are aimed at a group of agents collectively designated as security sensitive biological agents (SSBAs). Entities that handle SSBAs must register under the NHS Act and comply with the reporting requirements and SSBA Standards.

Passage of the bill is required as soon as possible to reduce uncertainty among stakeholders.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2012 SPRING SITTINGS

PERSONAL LIABILITY FOR CORPORATE FAULT REFORM BILL

Purpose of the Bill

The bill will meet deadlines set by the Council of Australian Governments (COAG) to increase harmonisation in relation to the imposition of personal liability for corporate fault across Australian legislation in accordance with a set of principles. These reforms will ensure that personal liability for corporate fault is only imposed when justified under Principles endorsed by COAG, and are imposed in a consistent manner across Australian jurisdictions.

Reasons for Urgency

The COAG timeline pursuant to the National Partnership Agreement for a Seamless National Economy requires that all jurisdictions develop a legislative plan to implement agreed reforms and introduce legislation by end-2012. The Government has released three exposure drafts of the Bill as part of its public consultation process.

Reforms in the area of personal liability for corporate fault had been in progress for some time. In addition to general concerns regarding the delays in this COAG project, the new COAG deadline has been publically criticised by industry, as well as the COAG Reform Council. In response to these views, the Government considers that passage of legislation by end-2012 would be more appropriate.

To ensure that the COAG timeline is met, the Commonwealth has been preparing draft legislation on the understanding that it would be introduced and passed by spring 2012. In the event that introduction does not occur in Spring of 2012, the Commonwealth would be found to be in breach the COAG milestone that all jurisdictions plan to implement agreed reforms and introduce legislation by end 2012.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2012 PRING SITTINGS

SUPERANNUATION LAWS AMENDMENT (CAPITAL GAINS TAX RELIEF AND OTHER EFFICIENCY MEASURES) BILL

SUPERANNUATION AUDITOR REGISTRATION IMPOSITION BILL

Purpose of the Bills

The bills will:

Reasons for Urgency

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2012 SPRING SITTINGS

SUPERANNUATION LEGISLATION AMENDMENT (NEW ZEALAND ARRANGEMENT) BILL

Purpose of the Bill

The bill will:

Reasons for Urgency

There has been considerable delay in progressing this measure, which was agreed by a memorandum of understanding in 2009 between the New Zealand and Australian Governments to remove an impediment to labour mobility between the countries.

There are also further government formalities to be undertaken after passage and before the arrangement takes effect.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGEIN THE 2012 SPRING SITTINGS

TAX LAWS AMENDMENT (2012 MEASURERS NO. 5) BILL

Purpose of the Bill

The bill will:

Reasons for Urgency

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2012 SPRING SITTINGS

TAX LAWS AMENDMENT (CLEAN BUILDING MANAGED INVESTMENT TRUST) BILL

Purpose of the Bill

The bill will:

provide a final withholding tax rate of 10 per cent on fund payments from eligible Clean Building Managed Investment Trusts (MITs) made to foreign residents in information exchange countries.

Reasons for Urgency

The Government has committed that this measure will be introduced and passed in the current Spring sittings of Parliament.