Scott Ludlam (WA, Australian Greens) Share this | Hansard source

by leave—I move Australian Greens amendments (2) to (4) on sheet 7078:

(2)   Clause 6, page 9 (after line 9), after the definition of administrator, insert:

Advisory Group means the Product Stewardship Advisory Group established by subsection 108B(1).

[Advisory Group]

(3)   Page 92 (after line 27), after clause 108, insert:

108B Product Stewardship Advisory Group

Establishment(1)   The Product Stewardship Advisory Group is established by this subsection.

Function

(2)   The Advisory Group's function is to provide advice to the Minister:

  (a)   at the Advisory Group's own initiative—in relation to the performance of the Minister's function under subsection 108A(1) (products being considered for accreditation or regulation); and

  (b)   when requested to do so by the Minister—in relation to the performance of the Minister's functions under this Act.

Further provisions about the Advisory Group

(3)   Schedule 1 contains further provisions about the Advisory Group.

[Advisory Group]

(4)   Page 93 (after line 20), at the end of the bill, add:

Schedule 1—Product Stewardship Advisory Group

Note:   See subsection 108B(3).

1 Membership of Advisory Group

(1)   The Advisory Group consists of the following members:

  (a)   at least 5,and no more than 9, members appointed under clause 2;

  (b)   a Chair appointed under clause 3.

(2)   The performance of the functions of the Advisory Group is not affected by reason only of the number of Advisory Group members falling below 6 for a period of not more than 6 months.

2 Appointment of members of Advisory Group (other than the Chair)

(1)   An Advisory Group member (other than the Chair) is to be appointed by the Minister, by written instrument, on a part-time basis.

Note:   The Chair of the Advisory Group is appointed under clause 3.

(2)   A person must not be appointed under this clause unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.

(3)   Before appointing a person under this clause, the Minister must consult with:

  (a)   one or more groups from among each of the following:

     (i)   groups with technical and scientific expertise;

     (ii)   industry and business groups;

     (iii)   environmental groups;

     (iv)   consumer groups;

     (v)   groups representing local government interests; and

  (b)   State and Territory governments.

(4)   An Advisory Group member appointed under this clause holds office for the period specified in his or her instrument of appointment. The period must not exceed 3 years.

Note: For reappointment, see the Acts Interpretation Act 1901.

3 Appointment of Chair of Advisory Group

(1)   The Minister must appoint a person (other than an Advisory Group member appointed under clause 2) as the Chair of the Advisory Group, by written instrument, on a part-time basis.

(2)   A person must not be appointed as the Chair of the Advisory Group unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.

(3)   The Minister may, by written instrument, appoint an Advisory Group member to act as the Chair:

  (a)   during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or

  (b)   during any period, or during all periods, when the Chair:

     (i)   is absent from duty or from Australia; or

     (ii)   is, for any reason, unable to perform the duties of the office.

Example:   The Chair would be unable to perform the duties of the office if required not to be present during a deliberation by the Advisory Group, and not to take part in any decision of the Advisory Group, under subclause 8(4) or (5) (disclosure of interests to Advisory Group).

(4)   Anything done by or in relation to a person purporting to act under an appointment is not invalid merely because:

  (a)   the occasion for the appointment had not arisen; or

  (b)   there was a defect or irregularity in connection with the appointment; or

  (c)   the appointment had ceased to have effect; or

  (d)   the occasion to act had not arisen or had ceased

4 Remuneration

(1)   An Advisory Group member is to be paid the remuneration and allowances (if any) that are prescribed by the regulations.

(2)   The office of an Advisory Group member is not a public office within the meaning of the Remuneration Tribunal Act 1973.

5 Leave of absence

(1)   The Chair of the Advisory Group may grant leave of absence to another Advisory Group member on the terms and conditions that the Chair determines.

(2)   The Minister may grant leave of absence to the Chair of the Advisory Group on the terms and conditions that the Minister determines.

6 Procedures of Advisory Group

(1)   The Advisory Group may determine the way in which it is to perform its function (including when and where it meets and procedures to be followed in relation to its meetings).

(2)   However, subclause (1) applies subject to any written directions given to the Advisory Group by the Minister for the purposes of this subsection.

(3)   The Minister must not give directions under subclause (2) about the content of any advice that may be given to the Minister by the Advisory Group.

(4)   A direction given under subclause (2) is not a legislative instrument.

7 Disclosure of interests to the Minister

     An Advisory Group member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member's functions.

8 Disclosure of interests to the Advisory Group

(1)   An Advisory Group member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Advisory Group must disclose the nature of the interest to a meeting of the Advisory Group.

(2)   The disclosure must be made as soon as possible after the relevant facts have come to the member's knowledge.

(3)   The disclosure must be recorded in the minutes of the meeting of the Advisory Group.

(4)   Unless the Advisory Group otherwise determines, the Advisory Group member:

  (a)   must not be present during any deliberation by the Advisory Group on the matter; and

  (b)   must not take part in any decision of the Advisory Group with respect to the matter.

(5)   For the purposes of making a determination under subclause (4), the Advisory Group member:

  (a)   must not be present during any deliberation of the Advisory Group for the purpose of making the determination; and

  (b)   must not take part in making the determination.

(6)   A determination under subclause (4) must be recorded in the minutes of the meeting of the Advisory Group.

9 Resignation

(1)   An Advisory Group member may resign his or her appointment by giving the Minister a written resignation.

(2)   The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.

10 Termination of appointment

     The Minister may terminate the appointment of an Advisory Group member:

  (a)   for misbehaviour or physical or mental incapacity; or

  (b)   if the member:

     (i)   becomes bankrupt; or

     (ii)   applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

     (iii)   compounds with his or her creditors; or

     (iv)   makes an assignment of his or her remuneration for the benefit of his or her creditors; or

  (c)   if the member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Group; or

  (d)   if the member fails, without reasonable excuse, to comply with clause 7 (disclosure of interests to the Minister) or 8 (disclosure of interests to the Advisory Group).

11 Other terms and condition

     An Advisory Group member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.

[Advisory Group]

Our second set of amendments introduces a product stewardship advisory group. This in many ways goes to the same issues that we have been dealing with so far this morning. It is an idea that was raised by quite a number of those making submissions to the committee.

There were two broad categories of reasons why the Australian Greens felt that this was a valid suggestion and something that would materially improve the way that the bill operates. The first is the lack of priorities established in the legislation that I think we have already canvassed in some detail. Industry and community groups who follow this process have absolutely no idea where it is due to head apart from some very broad-brush issues that the minister outlined there. The second is that the minister, under the way that this act will operate, has very broad powers without any particular accoun­tability mechanism or opportunity for input. So there is enormous discretion there to take issues on, to take various product streams on or not. Environment ministers obviously all get together within the EPHC and as an entity within the larger COAG process, which we find almost completely opaque because what goes on behind those closed doors can be very difficult to influence or even to know, in many cases, what the propositions are. Our amendments pick up the suggestions made by those in the sector who proposed that an advisory group would best comprise experts from industry groups, consumer advocates, community groups, environment groups and scientific groups who would be valuable in providing expert advice on new products that could potentially come under the framework legislation. That not only gives the government some guidance as to where the industry, in the broadest concept of that term, thinks that this process should go but also provides the minister and the community with that advice, that you have the experts around the table when these decisions are being made.

The use of an expert panel was seen as providing forthright advice from outside the bureaucracy. This would be seen to strengthen the governance arrangements. This is nothing against the bureaucrats who have been managing this process to date, but we feel that diversity of opinion and having the experts in the room when the decisions are being made is a way of providing unfiltered advice to the government that can also generate and transmit a sense of urgency coming from the community for various things. For example, we are aware of media reporting a fortnight or so ago about four shipments of e-waste intercepted by Customs, presumably on their way to South-East Asia. That is not what the industry wants, it is not what people think is happening when their computers and televisions are picked up or they drop them off at a neighbourhood recycling centre, but it is still going on. For the government to be able to respond through this expert advisory group to changing circumstances or new information that arises, like the degree of a black market in e-waste shipping and dumping in some of our neighbouring countries, can guide the direction and help give a sense of urgency. WALGA, the Western Australian Local Government Association, said that a panel:

… would ensure that the most important products and those with the biggest potential to create an environmental impact were selected for product stewardship schemes.

As I noted, this is a way of prioritising that has support from industry right through to the community groups and so on.

An example of such an advisory committee being established to manage waste and determine priorities is the statutory Waste Advisory Board in New Zealand. That board is tasked with providing advice to the responsible minister on a range of issues, including:

it is not required to develop a priority list—

…   …   …

…   …   …

The committee's report details the New South Wales model established under that state's Waste Avoidance and Resource Recovery Act 2001 which established a non-statutory committee with expert, business and non-government representatives to assist the Director-General of the DCCW to develop the list of wastes of concern. I know that the department were probably pretty cautious about establishing this, and I am pleased that the committee process that we went through and the evidence that we received convinced all parties that advice to the minister is ultimately very useful. It convenes and facilitates engagement by the industry and it is effectively an opportunity for the government to get it right. I commend these amendments to the chamber.