Slade Brockman (WA, Deputy-President) Share this | Link to this | Hansard source

Pursuant to the order agreed yesterday, the time allotted for this debate has expired. I will now put the questions before the chair and then put the questions on the remaining stages of the bills. The question before the chair is that the amendments on sheets 3812 and 3814 be agreed to.

Opposition's circulated amendment s

SHEET 3812

(1) Clause 2, page 2 (at the end of the table), add:

(2) Page 15 (after line 10), at the end of the Bill, add:

Schedule 3 — Sunset of exceptional circumstances exemption powers

Part 1 — Main amendments

Competition and Consumer Act 2010

1 Subparagraph 90(7)(b)(ii)

Omit "conduct.", substitute "conduct; or".

2 At the end of subsection 90(7)

Add:

(c) all of the following apply:

(i) a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force;

(ii) the Commission is satisfied in all the circumstances that the conduct would assist, or would be likely to assist, in the response to or recovery from the emergency to which the national emergency declaration relates; and

(iii) the Commission is satisfied in all the circumstances that the benefit to the public resulting from the assistance, or likely assistance, together with any other public benefit resulting from the conduct, would outweigh the detriment to the public that would result, or be likely to result, from the conduct.

3 Subsection 90(9A)

After "paragraph (7)(b)", insert "and subparagraph (7)(c)(iii)".

4 Division 1A of Part VII of Chapter 6

Repeal the Division.

5 Sections 95AC and 95AD

Repeal the sections.

6 Division 4 of Part VII of Chapter 6

Repeal the Division.

Part 2 — Consequential amendments

Competition and Consumer Act 2010

7 Subsection 87 ZP( 3)

Repeal the subsection.

National Emergency Declaration Act 2020

8 Section 10 (paragraph (k) of the definition of national emergency law )

Omit "section 92D or 95AC", substitute "section 88 or 90".

[

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SHEET 3814

(1) Schedule 1, item 4, page 6 (lines 20 to 22), omit "(which may be before the commencement of this section, but must not be before 1 April 2026)", substitute "(which must not be before the commencement of this section)".

(2) Schedule 1, item 5, page 10 (lines 1 to 3), omit "(which may be before the commencement of this section, but must not be before 1 April 2026)", substitute "(which must not be before the commencement of this section)".

(3) Schedule 1, item 6, page 12 (lines 1 to 3), omit "(which may be before the commencement of this section, but must not be before 1 April 2026)", substitute "(which must not be before the commencement of this section)".

Slade Brockman (WA, Deputy-President) Share this | Link to this | Hansard source

The question is that the amendment on sheet 3804 be agreed to.

Australian Greens' circulated amendment—

(1) Schedule 1, item 5, page 10 (lines 19 and 20), omit ", but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument", substitute "and, despite anything in section 44 of the Legislation Act 2003, section 42 (disallowance) of that Act applies to the instrument".

Question agreed to.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the remaining stages of the bill be agreed to and the bill be now passed.