Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Link to 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 following bills, allowing them to be considered during this period of sittings:

• Anti-Money Laundering and Counter-Terrorism Financing Bill 2006
• Anti-Money Laundering and Counter-Terrorism Financing (Transitional Provisions and Consequential Amendments) Bill 2006
• Commonwealth Radioactive Waste Management Legislation Amendment Bill 2006
• Copyright Amendment Bill 2006
• Customs Legislation Amendment (New Zealand Rules of Origin) Bill 2006
• Environment and Heritage Legislation Amendment Bill (No. 1) 2006
• Inspector of Transport Security Bill 2006
• Inspector of Transport Security (Consequential Provisions) Bill 2006
• Medibank Private Sale Bill 2006
• Telecommunications Amendment (Integrated Public Number Database) Bill 2006.

I 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—

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING BILL 2006

ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM FINANCING (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) BILL 2006

Purpose of the bills

This “first tranche” of legislation repeals and replaces much of the Financial Transaction Reports Act 1988 and better implements parts of the revised (June 2003) Forty Recommendations of the OECD-based Financial Action Task Force on Money Laundering (FATF) and several of FATF’s Special Recommendations on Terrorist Financing. The remainder of the FATF Recommendations (except for those implemented by other legislation) will be implemented via a future “second tranche” of legislation.

Reasons for Urgency

Passage of the bills is required in the 2006 Spring sittings to implement outstanding international obligations (arising out of Australia’s membership of FATF) to upgrade anti-money laundering and counter-terrorism financing measures.

(Circulated by authority of the Minister for Justice and Customs)

CUSTOMS LEGISLATION AMENDMENT (NEW ZEALAND RULES OF ORIGIN) BILL 2006

Purpose of the bill

The bill amends the Customs Act 1901, the Customs Tariff Act 1995 and the Legislative Instruments Act 2003 to incorporate consequential changes that will result from the amendment of Article 3 of the Australia New Zealand Closer Economic Relations Trade Agreement (ANZCERTA) relating to Rules of Origin.

Reasons for Urgency

If the bill is not passed in the 2006 Spring sittings, Australia will be unable to meet its obligations to implement the amendments to Article 3 of the ANZCERTA on 1 January 2007.

(Circulated by authority of the Minister for Justice and Customs)

COMMONWEALTH RADIOACTIVE WASTE MANAGEMENT LEGISLATION AMENDMENT BILL 2006

Purpose of the bill

The bill amends the Commonwealth Radioactive Waste Management Act 2005 (CRWM Act) to:

• provide that failure to comply with the site nomination rules in section 3B does not affect the validity of the Minister’s approval under section 3C of a nomination;
• remove any entitlement to procedural fairness in relation to a nomination made under section 3A; and
• provide, should a nominated site ultimately be chosen for the Commonwealth Radioactive Waste Management Facility (CRWMF), for the Commonwealth to return the nominated site to its original owners when it is no longer required.

The bill also amends the Administrative Decisions (Judicial Review) Act 1977 to:

• exclude the application of the Act to a site nomination under section 3A of the CRWM Act to ensure consistency with existing provisions of the Act relating to sections 3C and 7 of the CRWM Act.

Reasons for Urgency

The bill addresses concerns raised by the Northern Land Council (NLC) in relation to nominating a site under the CRWM Act. If not addressed, the NLC may be unwilling to nominate a site should a community within its jurisdiction wish to volunteer its land.

Any nominated site needs to be included in the current CRWMF site characterisation programme as soon as possible to ensure that such a site is given adequate consideration within the current CRWMF project schedule.

(Circulated by authority of the Minister for Education, Science and Training)

ENVIRONMENT AND HERITAGE LEGISLATION AMENDMENT BILL (NO. 1) 2006

Purpose of the bill

The bill implements the government’s decision to make the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) more efficient and effective, to allow for the use of more strategic approaches and to provide greater certainty in decision-making.

In particular, the bill:

• reduces processing time and costs for development interests;
• provides an enhanced ability to deal with large-scale projects and give priority attention to projects of national importance through the use of strategic assessment and approvals approaches and putting in place measures to enable developers to avoid impacts on the matters of national environmental significance protected by the EPBC Act;
• enables a better focus on protecting threatened species and ecological communities and heritage places that are of real national importance; and
• clarifies and strengthens the enforcement provisions of the EPBC Act.

These changes will be made without weakening the protection that the EPBC Act provides for Australia’s biodiversity and heritage.

Reasons for Urgency

Passage of the bill is required in the 2006 Spring sittings to ensure that these critical amendments can commence operation on 1 January 2007. The amendments will provide the necessary regulatory framework to provide streamlined and certain decision-making under the EPBC Act along with more focused environmental protection and enhanced enforcement provisions.

(Circulated by authority of the Minister for the Environment and Heritage)

COPYRIGHT AMENDMENT BILL 2006

Purpose of the bill

The bill contains provisions to implement Australia’s remaining obligations under the Australia-United States Free Trade Agreement (AUSFTA) concerning intellectual property rights. It creates a liability scheme for certain activities relating to the circumvention of “effective technological measures”. These measures help protect copyright owners from piracy and will encourage the increased availability to consumers of copyright materials in digital form.

The AUSFTA sets out a number of permissible exceptions to the liability scheme for:

• interoperability of software
• studying encryption technology
• testing security of computer networks
• identifying and disabling “spyware”
• security, law enforcement and similar governmental purposes, and
• access for acquisition decisions by libraries, archives and educational institutions.

The AUSFTA also provides for additional limited exceptions where the case for such an exception has been demonstrated. The bill amends the Copyright Act 1968 to give effect to the liability scheme and the exceptions. Additional limited exceptions will be included in the Copyright Regulations on a case by case basis. A number will be included as a result of the House of Representatives Standing Committee on Legal and Constitutional Affairs “Review of TPM Exceptions”.

The bill also implements the outcomes of several copyright reviews conducted by the government in 2005-06, including the outcome of the “Fair Use Review” and the review of protection for encoded broadcasts. The bill also extends the jurisdiction of the Copyright Tribunal, makes amendments so that Australia can accede to the World Intellectual Property Organization Internet treaties and makes a range of changes to the enforcement provisions in the Copyright Act.

Reasons for Urgency

The Australia-United States Free Trade Agreement came into force on 1 January 2005. However, an additional two year period was granted for the commencement of the provisions relating to the liability scheme for the circumvention of effective technological measures. Those provisions, which will be given effect to by this bill, must commence on 1 January 2007.

(Circulated by authority of the Attorney-General)

TELECOMMUNICATIONS AMENDMENT (INTEGRATED PUBLIC NUMBER DATABASE) BILL 2006

Purpose of the bill

The bill clarifies arrangements for access to data contained in the Integrated Public Number Database (IPND).

Reasons for Urgency

The current regime under the Telecommunications Act 1997 for access to data held in the IPND is under pressure to balance the privacy of personal information on the database with the need to make information in the IPND available for public interest purposes. Demand for access to IPND data continues to grow due to its recognition as an accurate and up-to-date source of information. There are, however, reports of data sourced from the IPND also being used for inappropriate purposes, such as the illegitimate production of public number directories and debt collection activities.

Introduction and passage of the bill in the 2006 Spring sittings will allay increasing community and industry concerns about current access arrangements to the IPND.

(Circulated by authority of the Minister for Communications, Information Technology and the Arts)

INSPECTOR OF TRANSPORT SECURITY BILL 2006

INSPECTOR OF TRANSPORT SECURITY (CONSEQUENTIAL PROVISIONS) BILL 2006

Purpose of the bills

The bills provide for the role of the Inspector of Transport Security to:

• undertake an inquiry, when required by the Minister for Transport and Regional Services (the Minister), into:
• a major transport security incident;
• a pattern or series of incidents that point to a systemic failure or possible weakness of aviation or maritime transport security regulatory systems; or
• any other transport security matter;
• undertake an inquiry, when required by the Minister, into a major land transport security incident, subject to agreement of the relevant state or territory government; and
• report outcomes of an inquiry to the Minister in a reasonable timeframe.

Reasons for Urgency

The Inspector of Transport Security, Mr Mick Palmer, was appointed by the government in 2004 on an administrative basis.

Following consultation undertaken by Mr Palmer with industry and relevant state bodies, it was decided that a legislative basis is essential to provide a solid basis for the “no blame” nature of the inquiries.

It is desirable that legislation be passed as soon as possible in order to ensure that the Inspector’s inquiries have an appropriate legal basis and protections.

(Circulated by authority of the Minister for Transport and Regional Services)

MEDIBANK PRIVATE LIMITED SALE BILL 2006

Purpose of the bill

The purpose of the bill is to remove a statutory prohibition on the sale of Medibank Private Limited’s shares, and to implement other measures appropriate to facilitate the sale of the Company.

Reasons for Urgency

On 12 September 2006, the Government announced its intention to sell Medibank Private Limited through a share market float in 2008. The legislation is essential to the sale of the Commonwealth’s shares in Medibank Private Limited, and the sale timetable is dependent upon the legislation being enacted.

(Circulated by authority of the Minister for Finance and Administration, Senator the Hon. Nick Minchin)

Senator Bob Brown to move on the next day of sitting:

That the following matter be referred to the Joint Standing Committee on Treaties for inquiry and report by 15 February 2007:

The new security treaty with Indonesia, with particular reference to:

(a)

the long-term defence and security implications for Australia;

(b)

the civil and political rights, in particular the rights of free speech and political activity of Australians and Indonesians, in particular, West Papuans;

(c)

the long-term implications for Australia of the proposals relating to nuclear technology;

(d)

Australia’s international treaty obligations; and

(e)

any related matters.

Senator Bob Brown to move on the next day of sitting:

That the Senate supports the following resolution of Newcastle City Council:

Newcastle City Council recognises the urgent need to protect local and global environments from increasing greenhouse gas emissions and to reduce Newcastle’s role in that increase.

Therefore Newcastle City Council:

1.

Recommends that the NSW Government establishes a cap on coal exports from Newcastle at existing levels.

2.

Recommends that the NSW Government initiates an independent Inquiry into the environmental, social and economic sustainability of the current coal industry and proposed expansion of the Hunter Valley coal industry.

3.

Recommends that pending such an Inquiry, the NSW Government initiates a moratorium on new coal mine approvals at Anvil Hill and elsewhere in NSW.

4.

Calls on the NSW and Federal Governments to establish a mandatory renewable energy target of 25% by 2020, with 20% by 2014 as a first step, in keeping with targets set by the South Australian Government.

5.

Calls on the NSW Government to establish a contribution of 10c/tonne on coal exports through the Port of Newcastle to fund a community trust to be administered through Hunter Councils, to support a transition to a clean energy economy in the Hunter and to invest in local renewable energy projects.

6.

Calls on the NSW Government to build a more efficient public transport system in the Hunter, linking major regional cities defined in the Lower Hunter Regional Strategy.

Senator Nettle to move on the next day of sitting:

That the Senate—

(a)

notes:

(i)

the tragic shooting of two protesters and one journalist by gunmen participating in the attack on striking teachers and their supporters in the City of Oaxaca in Mexico on 27 October 2006,

(ii)

that one of those killed, Mr Bradley Roland Will, was a camera man working for the independent news group Indymedia, and

(iii)

that these killings bring the number of protesters shot and killed by security forces to at least six during this 6 month protest; and

(b)

calls on the Government to:

(i)

condemn the use of lethal force against journalists, teachers and protesters by Mexican authorities,

(ii)

urge the Mexican Government to bring to justice all those involved in the killings of the protestors in Oaxaca, and

(iii)

express its condolences to the families of those killed.