Sussan Ley (Farrer, Liberal Party, Shadow Minister for Women) Share this | Link to this | Hansard source

The coalition will be supporting this bill, as it has a positive regulatory impact and gives effect to technical improvements identified in the 2021 whole-of-government review of regulator performance initiated by the former coalition government.

The bill seeks to legislate changes that were originally contained in the Regulator Performance Omnibus Bill 2022, first introduced by the former coalition government in February 2022. The omnibus bill sought to update or remove outdated administrative provisions across Commonwealth legislation that impose unnecessary regulatory burden and prevent regulators from engaging with business and supporting compliance in a modern and flexible way. The bill subsequently lapsed at dissolution of parliament. I'd like to briefly touch on this body of work and make some comments about its importance.

Enhancing regulation is something governments of all persuasions should be focused on because it improves the regulatory environment individuals, businesses and communities must navigate. In streamlining regulation, removing loopholes and working with industry to find solutions, we become more productive and we waste less energy as a result. Better regulation has a multiplier effect throughout the economy. In the context of the bill currently being considered this is critical work, to ensure that we remain forward facing and functional in our intellectual property regulatory environment. Businesses must be able to rely on a clear and responsive regulatory system that governs their activities.

The coalition is proud to have contributed to this body of work and is pleased to see it debated in the parliament today. Indeed, in government, the coalition's deregulation agenda has and will continue to deliver dividends, with reforms including simplified business activity statements, single-touch payroll, an online 'Hiring employees checklist' and an employment contract tool that enables employers to generate an employment contract in five minutes. These reforms are expected to generate economic benefits of $21 billion over 10 years.

Measures in this bill seek to enhance regulatory functions in the Trade Marks Act 1995, remove spent provisions in the Patents Act 1990 and provide greater legal clarity in the Olympic Insignia Protection Act 1987 to protect Olympic insignia, which is particularly important as we approach the 2032 Brisbane Olympic Games. As we know, some bad-faith operators might seek to file for trademarks well in advance of the Olympics, something which provisions in this bill respond to.

The bill amends legislation to clarify that only the Australian Olympic Committee and the International Olympic Committee are permitted to register Olympic insignia as trademarks in Australia. The amendments will also provide clearer authority for the government to reject trademark applications not made by the AOC or IOC. I note the minister's comments that the Australian and international Olympic committees are supportive of these changes. This will be a big event for Australia and we need to make sure the right regulatory levers are there to be exercised if needed.

The bill also responds to a number of minor inconsistencies in the Trademarks Act. Part 2 of the bill deals with inconsistencies in the administration of trademark renewals. Part 3 simplifies and clarifies legislation to ensure that if opposition to a trademark is overlooked in the registration process the trademark is revoked until the opposition is worked through appropriately. Part 4 corrects a gap in the legislation allowing for extension of time during non-use removal applications, meaning that a trademark would be restored if an extension of time is obtained to challenge a trademark removal. Part 5 removes references to an official journal of trademarks and, in doing so, modernises the act and removes the possibility of inconsistencies. This is particularly important as, at present, trademarks are captured on IP Australia's online portal and published within a point-in-time journal. Eliminating this inconsistency through modernising these legacy arrangements is exactly what the 2021 whole-of-government review of regulator performance sought to unearth.

The overall changes to the Trade Marks Act will result in a regulatory environment producing more confidence for its users. This bill also makes minor amendments to the Patents Act 1990, repealing transitional and savings provisions in the act that have had no effect from February 2022. This would have no impact on the administration of Australia's patent system. I note that these changes, when originally introduced by the coalition as part of the omnibus bill, received supportive comments from stakeholders, with consultation opening on 13 December 2021 and closing on 14 January 2022.

Regulation must serve what it seeks to regulate, and it must be fit for purpose. We believe that the measures in this bill will contribute to that important task. I thank the House.

Debate adjourned.