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

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 Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No.2) Bill 2013, allowing it to be considered during this period of sittings.

I also table statements of reasons justifying the need for this 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 2013 AUTUMN SITTINGS

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE AMENDMENT (COMPLIANCE MEASURES No. 2) BILL 2013

Purpose of the Bill

The Bill will amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGSA) to strengthen the offshore petroleum regulatory regime. It is focussed on important compliance, safety, integrity and environmental management objectives, including implementation of measures associated with the Government Response to the Report of the Montara Commission of Inquiry. In particular, the Bill will strengthen the application of the "polluter pays' principle in the regime, by requiring offshore petroleum titleholders, in the event of an escape of petroleum resulting from the titleholders' activities, to stop, control and clean-up the escaped petroleum, and remediate damage to the environment. In addition, the amendments implement a third party cost-recovery mechanism in the event the titleholder fails to comply with its statutory duty. Further amendments will ensure titleholders must provide evidence of sufficient financial assurance to cover expenses and liabilities arising from offshore petroleum activities, to the satisfaction of the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA), prior to commencing those activities.

Among other measures, the Bill also includes amendments to provide the ability for NOPSEMA inspectors to issue environmental prohibition notices and improvement notices to offshore petroleum titleholders to remove threats to the environment arising from petroleum operations.

Reasons for Urgency

In the context of recent serious safety and environmental incidents in the offshore petroleum industry, including the 2009 uncontrolled release of hydrocarbons from the Montara Wellhead Platform in the Timor Sea, the 2010 Macondo incident in the Gulf of Mexico, and the 2012 fatalities at the Stena Clyde rig in Bass Strait, it is vital that necessary improvements to strengthen the offshore petroleum regulatory regime are made as soon possible. The amendments in this Bill implement the lessons learned from these incidents, including through measures to implement the Australian Government's Response to the Report of the Montara Commission of Inquiry, in order to improve protection for human health and safety and the marine environment. If the Bill is not considered in one Parliamentary sitting period, these necessary amendments to strengthen the regulatory regime and improve protections for human health and safety and the marine environment, will be delayed.

The measure to clarify the application of the "polluter pays" principle in the OPGGSA will ensure, in the event of an escape of petroleum during offshore petroleum operations, that the polluter will be responsible for paying associated costs of clean-up, environmental remediation and monitoring. Under current arrangements in the absence of a statutory obligation and cost-recovery mechanism, which will continue if the Bill is not dealt with in this sitting period, in the event of an oil spill there is a risk that the Government would have to meet any shortfall if the polluter is unwilling or unable to pay those costs, which could be quite significant.

In addition, the amendments to enable NOPSEMA inspectors to issue environmental prohibition notices and improvements notices to titleholders will ensure there is an appropriate administrative process in place to require timely action to remove threats to the environment from offshore petroleum activities. Similar notices have been used successfully to require the removal of threats to occupational health and safety for a number of years. If the Bill is not dealt with in these sittings, the availability of this important regulatory tool for NOPSEMA will be delayed.

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 various bills relating to the National Disability Insurance Scheme, as set out in the list circulated in the chamber, allowing them to be considered during this period of sittings.

The list read as follows—

National Disability Insurance Scheme Legislation Amendment Bill 2013

DisabilityCare Australia Fund Bill 2013

Medicare Levy Amendment (DisabilityCare Australia) Bill 2013

Fringe Benefits Tax Amendment (DisabilityCare Australia) Bill 2013

Income Tax Rates Amendment (DisabilityCare Australia) Bill 2013

Superannuation (Excess Concessional Contributions Tax) Amendment (DisabilityCare Australia) Bill 2013

Superannuation (Excess Non-concessional Contributions Tax) Amendment (DisabilityCare Australia) Bill 2013

Superannuation (Excess Untaxed Roll-over Amounts Tax) Amendment (DisabilityCare Australia) Bill 2013

Income Tax (TFN Withholding Tax (ESS)) Amendment (DisabilityCare Australia) Bill 2013

Income Tax (First Home Saver Accounts Misuse Tax) Amendment (DisabilityCare Australia) Bill 2013

Family Trust Distribution Tax (Primary Liability) Amendment (DisabilityCare Australia) Bill 2013

Taxation (Trustee Beneficiary Non-disclosure Tax) (No. 1) Amendment (DisabilityCare Australia) Bill 2013

Taxation (Trustee Beneficiary Non-disclosure Tax) (No. 2) Amendment (DisabilityCare Australia) Bill 2013

I also table statements of reasons justifying 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 2013 WINTER SITTINGS

National Disability Insurance Scheme Legislation Amendment Bill

Purpose of the Bill

This bill makes minor amendments to the new legislation for the National Disability Insurance Scheme to clarify the policy intention in relevant provisions and to address minor anomalies and technical errors.

Reasons for Urgency

Passage in the 2013 Winter sittings is necessary, ready for implementation of the first stage of the National Disability Insurance Scheme from July 2013.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 WINTER SITTINGS

Disability C are Australia Fund Bill

Purpose of the Bill

The purpose of this bill is to establish the DisabilityCare Australia Fund (the Fund). The Fund is to be established for holding and investing the additional Medicare levy proceeds for the purpose of reimbursing the Commonwealth and States for expenditure under the National Disability Insurance Scheme (NDIS). The Fund will be managed by the Future Fund Board of Guardians (the Board). The Board will only be able to invest in financial assets in line with the arrangements for the Nation-building Funds.

The bill will also provide the opportunity to include interim matters to enable the NDIS to commence from 1 July 2013, through creation of a transitional special account to manage State Government funds until the Board oversighting the National Disability Insurance Scheme Launch Transition Agency is established. The transitional special account should also be credited with the Commonwealth's contribution for 2013-14 which will be appropriated to the Department of Families, Housing, Community Services and Indigenous Affairs. This would provide assurance to State Governments that the Commonwealth's contribution will only be spent on the NDIS.

Reasons for Urgency

This bill requires passage in the 2013 Winter sitting to provide certainty to the disability sector in Australia that the NDIS will be funded in a transparent manner and that those funds allocated will be used solely for the purpose of funding the NDIS.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 WINTER SITTINGS

Medicare Levy Amendment (DisabilityCare Australia) Bill

Fringe Benefits Tax Amendment (DisabilityCare Australia) Bill

Income Tax Rates Amendment (DisabilityCare Australia) Bill

Superannuation (Excess Concessional Contributions Tax) Amendment (DisabilityCare Australia) Bill

Superannuation (Excess Non-concessional Contributions Tax) Amendment (DisabilityCare Australia) Bill

Superannuation (Excess Untaxed Roll-over Amounts Tax) Amendment (DisabilityCare Australia) Bill

Income Tax (TFN Withholding Tax (ESS)) Amendment (DisabilityCare Australia) Bill

Income Tax (First Home Saver Accounts Misuse Tax) Amendment (DisabilityCare Australia) Bill

Family Trust Distribution Tax (Primary Liability) Amendment (DisabilityCare Australia) Bill

Taxation (Trustee Beneficiary Non-disclosure Tax) (No. 1) Amendment (DisabilityCare Australia) Bill

Taxation (Trustee Beneficiary Non-disclosure Tax) (No. 2) Amendment (DisabilityCare Australia) Bill

Purpose of the Bills

These bills will:

Reasons for Urgency

The measure requires prompt passage in order to provide security in relation to funding of the National Disability Insurance Scheme and to allow the employers, taxpayers and the Australian Taxation Office sufficient time to make necessary system changes in preparation for an increase in the Medicare levy rate.

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 Aviation Transport Security Amendment (Inbound Cargo Security Enhancement) Bill 2013, allowing it to be considered during this period of sittings.

I also table a statement of reasons justifying the need for this 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 PASSAGE IN THE 2013 WINTER SITTINGS

Aviation Transport Security Amendment (Inbound Cargo Security Enhancement) Bill 2013

Purpose of the Bill

The bill amends the Aviation Transport Security Act 2004 (the Act) to allow the Minister responsible for the Act to prohibit the carriage of certain cargo into Australian territory on an aircraft through the use of a disallowable instrument.

Reasons for Urgency

Threats to aviation security present an ongoing risk to planes and passengers.

While the current mechanisms such as Special Security Declarations provide an immediate response capacity to specific threats involving the air cargo system, the limited period of validity (six months) means that they are not an appropriate mitigation to threats which remain in place beyond the immediate term.

Amending Transport Security Programs provides a longer term effect, but the mechanism is cumbersome in nature and not suited to a timely or consistent response in the interests of national security. It requires significant resources and time to accomplish, and creates a significant administrative burden for the Government and industry.

The bill will provide the Government with a more timely, effective and transparent mechanism to respond to aviation security threats involving inbound air cargo while reducing the administrative burden on industry and government. Where a threat must be addressed in this manner, it will enable decision-making to be taken at a ministerial level and allow for oversight by the Parliament. In cases where potentially sensitive security and trade decisions must be made, this is a more appropriate and transparent decision-making process.

In an enduring risk environment where both industry and government need to do more with less, the introduction of a more timely, effective and transparent mechanism and the reduction of administrative burdens are reasons why this bill is one which should be prioritised by this Parliament.

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 Superannuation Legislation Amendment (Service Providers and Other Governance Measures) Bill 2012, allowing it to be considered during this period of sittings.

I also table a statement of reasons justifying the need for this 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 2013 Winter SITTINGS

Superannuation Legislation Amendment (Service Providers and Other Governance Measures) Bill 2012

Purpose of the Bill

The Bill is the fourth and final tranche of legislation which implements the remainder of the MySuper and governance measures, arising from the Government's response to recommendations of the Cooper Review.

Reasons for Urgency

The Bill introduces or amends several requirements which commence on 1 July 2013. A number of key regulations associated with these provisions will need to be made before that date if superannuation funds are to meet their obligations under the legislation. The Bill must have Royal Assent before these regulations can be made. As such, regulations would need to be considered at the 27 June 2013 Executive Council meeting at the latest, but preferably at the 13 June 2013 meeting to allow industry time to implement the new requirements.

Implications of the Bill as amended not being legislated by 1 July 2013 include:

Senator Di Natale: To move:

That the following matter be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 27 June 2013:

The practice of sports science in Australia with regard to:

(a) the current scope of practice, accreditation and regulation arrangements for the profession;

(b) the role of boards and management in the oversight of sports scientists inside sporting organisations;

(c) the duty of care of sports scientists to athletes, and the ethical obligations of sports scientists in relation to protecting and promoting the spirit of sport;

(d) avenues for reform or enhanced regulation of the profession; and

(e) any other related matter.

Senator Xenophon: To move:

That the Export Market Development Grants Amendment Bill 2013 be referred to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 17 June 2013.

Senators Mason and Smith: To move:

That the Senate—

(a) notes with deep regret the passing of The Rt. Hon. The Baroness Thatcher, LG, OM, PC, FRS, one of the most significant and influential British Prime Ministers, and the first woman to become the Prime Minister of Great Britain and Northern Ireland; and

(b) conveys its condolences to the people of Great Britain.

Senator Ludlam: To move:

That the Senate—

(a) notes that:

  (i) in 1964 the Commonwealth Government transferred the Point Peron area to the Western Australian State Government subject to agreement that its future use was restricted to a reserve for public recreation and parklands, reiterating in 1968 that the land must not be used for private industrial, commercial or residential development,

  (ii) the Western Australian Environmental Protection Authority gave conditional approval to the Mangles Bay Marina project in Cape Peron on 29 April 2013 adjacent to a protected freshwater lake containing one of the only surviving thrombolite communities in Western Australia, and

  (iii) 8 000 signatures opposing the Point Peron Marina development were submitted to the Western Australian Parliament on Tuesday, 14 May 2013; and

(b) calls on the Government to insist that the Western Australian Government honour its 1964 commitment regarding the use of the land and reject development of this pristine area.

Senator Milne: To move:

That the Senate notes that not a single Australian economist or industry group has publicly supported the Coalition's Direct Action Plan.

Senator Madigan: To move:

That the following bill be introduced: A Bill for an Act to ensure that imported goods from a country that has a free trade agreement with Australia are modified to meet Australian Standards before they are sold in Australia. Fair Trade (Compliance of Imported Goods with Australian Standards) Bill 2013.

Senator Madigan: To move:

That the following bill be introduced: A Bill for an Act to amend the Health Insurance Act 1973, and for related purposes. Health Insurance Amendment (Medicare Funding for Post-Operative Care for Illegal Organ Transplants) Bill 2013.

Senator Madigan: To move:

That the Senate—

(a) notes that:

  (i) five United Nations agencies: the Office of the High Commissioner for Human Rights, the United Nations Population Fund (UNFPA), the United Nations Children's Fund, the United Nations Entity for Gender Equality and the Empowerment of Women and the World Health Organization, have issued a combined report calling for urgent steps to be taken to address gender-biased sex selection, including:

  (a) the collection of more reliable data on the extent of the problem,

  (b) guidelines on the use of technology for health professionals,

  (c) supportive measures for girls and women, and

  (d) other legal and awareness-raising actions,

  (ii) in its 2010 report the UNFPA states that, according to the 2000 United States Census, immigrants to the United States of America from China, India and the Republic of Korea had a sex ratio at birth almost as skewed as in their countries of origin, demonstrating that the practice continued in some ethnic groups after migration to western nations, and

  (iii) at the UN Conference on Population and Development (ICPD) (1994) in Cairo and at the 4th World Congress on Women (1995) in Beijing, Australia promised 'to enact and enforce legislation protecting girls from all forms of violence … including prenatal sex selection';

(b) condemns the practice of gender-biased sex selection in abortion or infanticide whether in Australia or overseas; and

(c) calls on the Government to support the proposals of the five UN agencies and uphold its promises to the ICPD 1994 and the 4th World Congress on Women.

Senator Di Natale: To move:

That, in order to preserve the integrity of the sporting experience and protect Australian children, the Senate notes the need for law reform, including measures such as:

(a) banning the broadcast advertising of live gambling odds for sports betting;

(b) banning the advertising of sports betting services on television and radio during children's viewing hours, before 9 pm; and

(c) banning the paid promotion of sports betting services by sporting commentators and their guests during sports broadcasts.

Senator Hanson-Young: To move:

That the following bill be introduced: A Bill for an Act to amend the Marriage Act 1961 to recognise same-sex marriages solemnised in a foreign country, and for related purposes. Marriage Act Amendment (Recognition of Foreign Marriages for Same-Sex Couples) Bill 2013.

Senator Milne: To move:

That the following bill be introduced: A Bill for an Act to amend the law relating to competition and consumers and food labelling, and for related purposes. Competition and Consumer Amendment (Australian Country of Origin Food Labelling) Bill 2013.

Senator Siewert: To move:

That the Senate—

(a) notes the decision of Woodside Energy Ltd and its joint venture partners to process Browse gas offshore rather than at James Price Point, in the Kimberley; and

(b) calls on the Western Australian Government to end its efforts to compulsorily acquire the land at James Price Point from the Traditional Owners for the purpose of industrialising the Kimberley and to withdraw its application for a strategic assessment under the Environment Protection and Biodiversity Conservation Act 1999 of the James Price Point Browse gas processing site.

Senator Wright: To move:

That the Senate—

(a) notes that:

  (i) 12 May to 18 May 2013 is Schizophrenia Awareness Week,

  (ii) people affected by serious mental illness face critical challenges to achieving and maintaining the same physical health as other people in the community,

  (iii) such people are more vulnerable to coronary heart disease, diabetes, stroke and respiratory disease than those without serious mental illness, and

  (iv) their life expectancy is up to 25 years less than that of the general population; and

(b) calls on all governments in Australia to address the poor physical health status of people with serious mental illness as a priority.

Senator Whish-Wilson: To move:

That the Senate—

(a) notes:

  (i) the collapse of the Rana Plaza building in Bangladesh that killed 1 127 garment workers, many of whom were sewing clothes for international brands in unsafe conditions,

  (ii) the significant protests and riots by garment workers in Bangladesh in response to the building collapse, and

  (iii) that in response, some international clothing brands have signalled their intention to sign an accord committing to improve fire and building standards for their workers in Bangladesh; and

(b) calls on:

  (i) Australian companies to ensure the safety of their workers in developing countries through improving standards and conditions and providing for independent inspections of factories,

  (ii) Australian clothing companies to join the accord committing to improve fire and building standards for workers in Bangladesh, and

  (iii) the Australian clothing industry to consider moves towards supply chain accreditation for products from developing countries.

Senator Hanson-Young: To move:

That the Senate—

(a) notes:

  (i) that 17 May is International Day Against Homophobia, Biphobia and Transphobia on which individuals and organisations are encouraged to take a stand against sex and gender-based prejudice in the community, and

  (ii) the physical and psychological harm caused by harassment and discrimination, including much higher rates of anxiety, depression, self-harm and suicide in the lesbian, gay, bisexual, transgender and intersex community compared with the general population; and

(b) calls on senators and other members of Parliament individually to commit to the 'No to Homophobia' campaign pledge to always stand up against homophobia, biphobia and transphobia and to promote this campaign within the Australian community.

Senators McKenzie and Colbeck: To move:

That the Senate—

(a) notes its support for the fruit growers and workers in the local food processing industry;

(b) recognises the impact and toll that the increased cost of doing business has on local food processors;

(c) acknowledges the significance of iconic local food processors as key employers and contributors to regional communities; and

(d) supports the 'Toss a tin in your trolley' campaign to encourage Australians to throw a tin of local canned produce into their shopping trolley and urges supermarkets to promote this initiative.

Senator Waters: To move:

That the Senate—

(a) notes:

  (i) the World Heritage Committee's draft decision on the Great Barrier Reef states that to avoid the reef being added to the World Heritage in Danger list, Australia must turn around the 'limited progress' to date, and take 'urgent and decisive' action on its earlier recommendations to prevent new ports in pristine areas, and reject damaging port expansions,

  (ii) the World Heritage Committee specifically identifies that the Fitzroy Delta, including Port Alma and Balaclava Island, should not be developed,

  (iii) that Queensland's draft Ports Strategy considers Port Alma and Balaclava Island part of the Gladstone Port available for development, and

  (iv) that Glencore Xstrata has just withdrawn its plans to develop a major coal port on pristine Balaclava Island; and

(b) calls on the Government to:

  (i) implement the World Heritage Committee's recommendations regarding ports immediately so that Australia does not become the only developed country with a site on the World Heritage in Danger list, and

  (ii) immediately rule out any industrial development in the Fitzroy Delta and reflect this in our national environment laws.

Senator Collins: To move:

That standing order 110 be suspended to enable the third reading of a constitution alteration bill relating to local government to be passed without a roll call.

Senator Collins: To move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Offshore Petroleum and Greenhouse Gas Storage Amendment (Compliance Measures No. 2) Bill 2013, allowing it to be considered during this period of sittings.

Senator Collins: To 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:

National Disability Insurance Scheme Legislation Amendment Bill 2013

DisabilityCare Australia Fund Bill 2013

Medicare Levy Amendment (DisabilityCare Australia) Bill 2013

Fringe Benefits Tax Amendment (DisabilityCare Australia) Bill 2013

Income Tax Rates Amendment (DisabilityCare Australia) Bill 2013

Superannuation (Excess Concessional Contributions Tax) Amendment (DisabilityCare Australia) Bill 2013

Superannuation (Excess Non-concessional Contributions Tax) Amendment (DisabilityCare Australia) Bill 2013

Superannuation (Excess Untaxed Roll-over Amounts Tax) Amendment (DisabilityCare Australia) Bill 2013

Income Tax (TFN Withholding Tax (ESS)) Amendment (DisabilityCare Australia) Bill 2013

Income Tax (First Home Saver Accounts Misuse Tax) Amendment (DisabilityCare Australia) Bill 2013

Family Trust Distribution Tax (Primary Liability) Amendment (DisabilityCare Australia) Bill 2013

Taxation (Trustee Beneficiary Non-disclosure Tax) (No. 1) Amendment (DisabilityCare Australia) Bill 2013

Taxation (Trustee Beneficiary Non-disclosure Tax) (No. 2) Amendment (DisabilityCare Australia) Bill 2013.

Senator Collins: To move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Superannuation Legislation Amendment (Service Providers and Other Governance Measures) Bill 2012, allowing it to be considered during this period of sittings.

Senator Collins: To move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Aviation Transport Security Amendment (Inbound Cargo Security Enhancement) Bill 2013, allowing it to be considered during this period of sittings.