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Monday, 18 October 1999
Page: 9826


Senator IAN CAMPBELL (3:38 PM) —I give notice that, on the next day of sitting, I shall move:

That the provisions of paragraphs (5) to (7) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:

Equal Opportunity for Women in the Workplace Amendment Bill 1999

International Tax Agreements Amendment Bill 1999

Telecommunications (Interception) Amendment Bill 1999.


Senator IAN CAMPBELL —I also table a statement of reasons justifying the need for these bills to be considered during this sittings and seek leave to have the statement incorporated in Hansard .

Leave granted.

The statement read as follows

EQUAL OPPORTUNITY FOR WOMEN IN THE WORKPLACE AMENDMENT BILL 1999

Purpose of the Bill

To amend the Affirmative Action (Equal Employment Opportunity for Women) Act 1986 as follows:

. adopt the following title and terms: the Equal Opportunity for Women in the Workplace Act 1999, the Equal Opportunity for Women in the Workplace Agency, and the Director of Equal Opportunity for Women in the Workplace;

. insert an objects clause;

. provide for reporting to be done biennially, rather than annually as at present;

. provide an expanded system of waiving the reporting requirement for specified periods of time for organisations that satisfy particular criteria; and

. replace the requirement for reporting on specified steps with a requirement for reporting focused on outcomes, based on actions taken to eliminate discrimination and promote equal employment opportunity.

Reasons for urgency

The Affirmative Action (Equal Employment Opportunity for Women) Act 1986 was reviewed in 1997-98 as one of a number of scheduled legislative reviews implementing the Government's commitment to the 1995 Competition Principles Agreement.

This Bill implements the Government's response to the recommendations made by the independent review committee.

The Bill will reduce the regulatory burden which the legislation currently places upon business and at the same time better ensure equal opportunity for working women. For this reason, the Bill is an important measure in meeting the Government's election commitments to the business community and to women, and should be progressed without delay.

(Circulated by authority of the Minister for Employment, Workplace Relations and Small Business)

INTERNATIONAL TAX AGREEMENTS AMENDMENT BILL 1999

Purpose of the proposed measure

The Bill will allow domestic law effect to be given to double taxation agreements with South Africa, Slovakia and Argentina, and an Amending Protocol to our existing double taxation agreement with Malaysia.

Reasons for urgency

The double taxation agreement with South Africa was signed on 1 July 1999 and the Amending Protocol to the double taxation agreement with Malaysia on 2 August 1999, the double taxation agreement with Slovakia was signed on 24 August 1999, and the double taxation agreement with Argentina was signed on 27 August 1999. Failure to have introduction and passage, followed by royal assent, exchange of Notes and entry into force of the respective treaties by 31 December 1999 will mean that the treaties will not be able to take effect in domestic law in January/July 2000 (ie. at the earliest possible dates) but will be delayed for a full calendar year until January/July 2001, to the detriment of affected taxpayers.

Result if Bill not dealt with in these sittings :

There will be a one year delay in the treaties coming into domestic law effect, to the detriment of those who have, for example, invested abroad and who will benefit from reduced withholding taxes in those countries. In the case of the Malaysian Protocol, Australian taxpayers will continue to suffer unrelieved double taxation for a further year in respect of fees for technical services they receive from Malaysia.

(Circulated by authority of the Treasurer)

TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT BILL 1999

Purpose of the proposed amendments

The principal purposes of the proposed Bill are:

. to enable nominated members of the Administrative Appeals Tribunal (the AAT) to continue to issue warrants authorising Commonwealth and State law enforcement agencies to intercept telecommunications and Commonwealth law enforcement agencies to use listening devices; and

. to include the Anti-Corruption Commission of WA (ACC) and the Crime Commission of Qld (QCC) as intercepting agencies.

Reasons for seeking Introduction and passage in the same sittings

The provisions enabling nominated members of the AAT to issue interception and listening device warrants are subject to a sunset clause (s.3 of the Telecommunications (Interception) and Listening Device Amendment Act 1997) which terminates the power of nominated AAT members to issue warrants at the end of 1999.

The administrative function of issuing warrants cannot be conferred on judges of the Federal or Family Courts without their consent. Most judges have withdrawn their consents because they consider the function is incompatible with their judicial duties. There has been no indication that the federal judges are likely to change their views. Therefore, if the provisions conferring warrant-issuing powers on nominated AAT members are allowed to expire, there will be no authority available to issue interception and listening device warrants. This will seriously impede the ability of police and other law enforcement agencies to deal with major crime, particularly offences involving the importation and trafficking in prohibited drugs. This outcome would also be likely to have an adverse impact on Commonwealth-State relations.

The ACC was established by the Anti-Corruption Commission Act 1988 (WA). It deals with corruption, crime and serious improper conduct by "public officers". The WA Government is particularly concerned about police corruption in that State and wants the ACC to have full interception powers as soon as possible. The QCC was established under the Crime Commission Act 1997 (Qld). It has a responsibility to investigate criminal paedophilia and organised crime. Similarly to WA, the Queensland Government urgently wants the new Crime Commission to be fully equipped with appropriate powers to fight organised crime in that State.

(Circulated by authority of the Attorney-General)