Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | Hansard source

I table a supplementary explanation memorandum relating to the government amendments to be moved to this bill, the memorandum having been circulated in the chamber on 13 May 2008, and I seek leave to move government amendments (1), (6), (7), (8), (10), (11), (12), (13) and (14) on sheet PN285 together. We have pulled out government amendment (9):

Leave granted.

I move:

(1)    Schedule 1, item 11, page 5 (line 1), after “disclosed”, insert “or used”.

(6)    Schedule 1, item 11, page 11 (lines 7 to 9), omit subsection 531G(1), substitute:

        (1)    If a person has obtained protected carrier information in the person’s capacity as an entrusted public official, the person must not:

             (a)    disclose the information to another person; or

             (b)    use the information.

(7)    Schedule 1, item 11, page 11 (line 10), after “prohibition”, insert “of disclosure”.

(8)    Schedule 1, item 11, page 13 (after line 37), after subsection 531G(3), insert:

     (3A)    Each of the following is an exception to the prohibition of use in subsection (1):

             (a)    the information is used for the purposes of the consideration by the Cabinet of:

                   (i)    a matter preparatory to the publication of a designated request for proposal notice; or

                  (ii)    the approach to be taken in relation to the consideration of submissions that could be made, after the publication or proposed publication of a designated request for proposal notice, in response to an invitation set out in the notice; or

                 (iii)    action to be taken by the Commonwealth or a Minister in relation to a proposal set out in a submission made in response to an invitation set out in a designated request for proposal notice; or

                 (iv)    a matter that is ancillary or incidental to a matter referred to in subparagraph (i), (ii) or (iii);

             (b)    the information is used for the purposes of the consideration by the Minister of:

                   (i)    a matter preparatory to the publication of a designated request for proposal notice; or

                  (ii)    the approach to be taken in relation to the consideration of submissions that could be made, after the publication or proposed publication of a designated request for proposal notice, in response to an invitation set out in the notice; or

                 (iii)    action to be taken by the Commonwealth or a Minister in relation to a proposal set out in a submission made in response to an invitation set out in a designated request for proposal notice; or

                 (iv)    a matter that is ancillary or incidental to a matter referred to in subparagraph (i), (ii) or (iii);

             (c)    the information is used for the purposes of advising:

                   (i)    the Cabinet; or

                  (ii)    a Minister; or

                 (iii)    a Secretary of a Department;

                      about:

                 (iv)    a matter preparatory to the publication of a designated request for proposal notice; or

                  (v)    the approach to be taken in relation to the consideration of submissions that could be made, after the publication or proposed publication of a designated request for proposal notice, in response to an invitation set out in the notice; or

                 (vi)    action to be taken by the Commonwealth or a Minister in relation to a proposal set out in a submission made in response to an invitation set out in a designated request for proposal notice; or

                (vii)    a matter that is ancillary or incidental to a matter referred to in subparagraph (iv), (v) or (vi);

             (d)    the information is used for the purposes of the Australian Security Intelligence Organisation, the ACCC or the ACMA giving advice to:

                   (i)    the Commonwealth; or

                  (ii)    a Minister; or

                 (iii)    a committee established under the executive power of the Commonwealth;

                      in relation to:

                 (iv)    a matter preparatory to the publication of a designated request for proposal notice; or

                  (v)    the approach to be taken in relation to the consideration of submissions that could be made, after the publication or proposed publication of a designated request for proposal notice, in response to an invitation set out in the notice; or

                 (vi)    action to be taken by the Commonwealth or a Minister in relation to a proposal set out in a submission made in response to an invitation set out in a designated request for proposal notice; or

                (vii)    a matter that is ancillary or incidental to a matter referred to in subparagraph (iv), (v) or (vi);

             (e)    the information is used for a purpose specified in the regulations;

              (f)    the information is used for the purposes of:

                   (i)    giving advice to an authorised information officer in relation to action to be taken by the officer under section 531H; or

                  (ii)    assisting an authorised information officer in relation to the exercise of the officer’s powers under section 531H;

             (g)    the information is used for the purposes of:

                   (i)    enabling an authorised information officer to make a decision under section 531H; or

                  (ii)    enabling an authorised information officer to disclose the information under section 531H;

             (h)    the carrier who gave the information to an authorised information officer has consented to the use of the information;

              (i)    the information has been made publicly known by:

                   (i)    the carrier who gave the information to an authorised information officer; or

                  (ii)    a person authorised by the carrier to make the information publicly known;

              (j)    the use is authorised by or under a law of the Commonwealth, a State or a Territory.

      (3B)    Paragraph (3A)(e) ceases to have effect at the end of the period of 12 months beginning on the day on which this subsection commenced.

(10)  Schedule 1, item 11, page 15 (line 30), at the end of subsection 531J(1), add “or a decision to use information under subsection 531G(3A)”.

(11)  Schedule 1, item 11, page 15 (line 34), after “531H(1)”, insert “or a decision to use information under subsection 531G(3A)”.

(12)  Schedule 1, item 11, page 16 (lines 2 to 4), omit subsection 531K(1), substitute:

        (1)    If a person has obtained protected carrier information in the person’s capacity as an entrusted company officer of a company, the person must not:

             (a)    disclose the information to another person; or

             (b)    use the information.

(13)  Schedule 1, item 11, page 16 (line 5), after “prohibition”, insert “of disclosure”.

(14)  Schedule 1, item 11, page 17 (after line 2), after subsection 531K(2), insert:

     (2A)    Each of the following is an exception to the prohibition of use in subsection (1):

             (a)    the information is used for the purposes of:

                   (i)    the consideration by the company of whether to make a submission in response to an invitation set out in a designated request for proposal notice; or

                  (ii)    the preparation of a submission by the company in response to an invitation set out in a designated request for proposal notice; or

                 (iii)    if the company has made a submission in response to an invitation set out in a designated request for proposal notice—the consideration by the company of whether to vary the submission; or

                 (iv)    if the company has made a submission in response to an invitation set out in a designated request for proposal notice—the preparation by the company of a variation of the submission;

             (b)    the carrier who gave the information to an authorised information officer has consented to the use of the information;

             (c)    the information has been made publicly known by:

                   (i)    the carrier who gave the information to an authorised information officer; or

                  (ii)    a person authorised by the carrier to make the information publicly known;

             (d)    the use was authorised by or under a law of the Commonwealth, a State or a Territory.

I understand that these amendments are being supported without (9) in.