Daniel Mulino (Fraser, Australian Labor Party, Assistant Treasurer) Share this | Hansard source

I begin by acknowledging the contribution of the member for Mackellar on this subject matter over a period of time. I make clear that the government will not be supporting this particular amendment.

The government recognises the importance of this legislation in futureproofing the ban and ensuring it continues to operate effectively, particularly as health and medical technology continue to advance. The purpose of the regulations is to enable the legislation to promptly respond to health and medical advancements which might necessitate modifications to the operation of the ban. The legislation establishing the ban is complex and it is important that it is futureproofed, particularly in the early stages of its implementation. The inclusion of the wording is important to putting it beyond doubt that the regulations can override the primary law, particularly where there is overlap. Without the wording, there could be confusion as to whether the primary law or the regulation takes priority, and it may ultimately limit the ability of the legislation to keep pace with ongoing advances in health and medical technology.

Importantly, any regulations made under the proposed bill would be subject to disallowance, ensuring parliamentary oversight and control over delegated legislation is maintained and in this case, including any impacts on the operation of the primary law. Justification for the inclusion of the wording is in the explanatory memorandum at paragraphs 1.71 to 1.73 for subsection 33E(2) and paragraphs 163 to 165 for subsection 33F(5).

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