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Wednesday, 6 July 2011
Page: 7736


Mr MARTIN FERGUSON (BatmanMinister for Resources and Energy and Minister for Tourism) (11:33): by leave—I present a supplementary explanatory memorĀ­andum to this bill and I move government amendments (1) to (3), as circulated, togĀ­ether:

(1)   Clause 2, page 3 (at the end of the table), add:

9. Schedule 6

The day after this Act receives the Royal Assent.

(2)   Schedule 2, item 333, page 55 (line 35) to page 56 (line 6), omit subsection 574A(7), substitute:

(7)   A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.

(3)   Page 145 (after line 5), at the end of the Bill, add:

Schedule 6—Amendments relating to directions

Offshore Petroleum and Greenhouse Gas Storage Act 2006

1 Subsection 316(3)

      Repeal the subsection, substitute:

(3)   A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.

2 Subsection 351(3)

      Repeal the subsection, substitute:

(3)   A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.

3 Subsection 376(5)

      Repeal the subsection, substitute:

(5)   A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.

4 Subsection 380(7)

      Repeal the subsection, substitute:

(7)   A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.

5 Subsection 383(7)

      Repeal the subsection, substitute:

(7)   A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.

6 Subsection 574(7)

      Repeal the subsection, substitute:

(7)   A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.

7 Subsection 580(6)

      Repeal the subsection, substitute:

(6)   A direction under this section may make provision in relation to a matter by applying, adopting or incorporating (with or without modification) a code of practice or standard contained in an instrument as in force or existing at the time when the direction takes effect, so long as the code of practice or standard is relevant to that matter.

8 Application—directions

   The amendments made by this Schedule apply to directions given after the commencement of this item.

In doing so, I indicate that the government's amendments to the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011 respond to a concern raised by the Senate Standing Committee for the Scrutiny of Bills. The standing committee noted that a provision in the national regulator bill provides the ability for the responsible Commonwealth minister to incorporate into directional material a standard as in force or existing from time to time. The standing committee noted that this ability raises the prospect of changes being made to the law in the absence of parliamentary scrutiny and can create uncertainty in the law, as those obliged to obey the law may have inadequate access to its terms. The proposed amendments remove this concern and do not adversely impact on the integrity of the other reforms in the package of bills to establish a national offshore petroleum regulator. I commend amendments (1) to (3), as circulated, to the House.

Question agreed to.

Bill, as amended, agreed to.