Monday, 17 September 2018
Consideration of Legislation
by leave—I move:
I also table a statement of reasons justifying the need for this bill to be considered during these sittings, and seek leave to have this statement incorporated in Hansard.
The document read as follows—
TOBACCO PLAIN PACKAGING AMENDMENT BILL 2018
Purpose of the Bill
The purpose of the Bill is to widen the scope of persons that can be appointed as authorised officers under subsection 81(1) of the Tobacco Plain Packaging Act 2011 (the Act).
Under subsection 81(1) of the Act, the Secretary of the Department of Health (Secretary) may appoint the following persons as authorised officers:
a. a person who is appointed or engaged under the Public Service Act 1999 (PS Act);
b. a member or special member of the Australian Federal Police.
Under subsection 81(2) of the Act, the Secretary may appoint these persons as authorised officers under subsection 81(1) of the Act only if the Secretary is satisfied that the person has suitable qualifications, training or experience.
The proposed Bill would enable other persons with suitable qualifications, training or experience in addition to those currently listed in subsection 81(1) of the Act, to be appointed as authorised officers by the Secretary if needed and agreed. This would extend the persons who the Secretary may appoint as authorised officers to:
a. a person appointed or engaged other than under the PS Act, by the Commonwealth or a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013);
b. a person appointed or employed by a state or territory with responsibilities in relation to health matters or compliance and enforcement in tobacco control matters;
c. state and territory police officers; and
d. local government officials with responsibilities in relation to health matters or compliance and enforcement in tobacco control matters.
Reasons for Urgency
Passage of the Bill in the Spring 2018 sitting period will provide administrative certainty for staff affected by potential organisational and administrative changes and will provide more immediate flexibility in responding to potential non-compliance with the Act should it be required.
(Circulated by authority of the Minister for Regional Services, Sport, Local Government and Decentralisation)
Question agreed to.