George Campbell (NSW, Australian Labor Party) Share this | Link to this | Hansard source

On behalf of Senator Robert Ray, I lay on the table Scrutiny of Bills Alert Digest No. 10 of 2007, dated 15 August 2007. I move:

That the Senate take note of the document.

I seek leave to incorporate Senator Robert Ray’s statement in Hansard.

Leave granted.

Robert Ray (Victoria, Australian Labor Party) Share this | Link to this | Hansard source

The statement read as follows—

In tabling the Committee’s Alert Digest No. 10 for 2007 I would like to draw the Senate’s attention to a number of provisions in the Water Bill 2007 that may be considered to delegate legislative power inappropriately.

Clauses 63 and 65 of the bill detail the steps to be undertaken in accrediting water resource plans prepared by Murray-Darling Basin States and in accrediting amendments to those plans.  The steps include tabling in the Parliament the Minister’s decision and, where that decision does not follow the recommendations of the Murray-Darling Basin Authority, a copy of a statement that sets out the Minister’s reasons for not following the Authority’s recommendation.  Subclauses 63(9) and 65(9) of the bill would permit regulations to provide for the time within which these steps are to be taken and the process to be followed in taking the steps.

The Committee is concerned that the effect of these subclauses is that regulations will be able to specify the process and timelines for the tabling of these documents in the Parliament.  If this is indeed the case, the Committee considers that these are powers which would be more appropriately included in the primary legislation. 

Similarly, clauses 92 and 97 provide for the Minister to make ‘water charge rules’ and ‘water market rules’, by legislative instrument.  Subclauses 92(9) and 97(7) allow these rules to provide that a particular provision of the rules is a civil penalty provision.  Subclauses 92(10) and 97(8) would permit these rules to impose a civil penalty of 200 penalty units, which is currently the equivalent of $22,000.  This is not an insignificant amount of money and the Committee questions whether the power to create offences that attract a penalty of this magnitude might be more appropriately exercised by the Parliament.

The Committee has sought the Minister’s advice regarding these matters but, pending receipt of that advice, I draw Senators’ attention to these provisions as they may be considered to inappropriately delegate legislative powers.

Question agreed to.