LOW AROMATIC FUEL BILL 2012

Order of the day read for the adjourned debate on the motion of Senator Siewert—That this bill be now read a second time.

Debate resumed.

Limitation of debate: The time allotted for the second reading of the bill expired.

Question—That this bill be now read a second time—put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

In the committee

Bill taken as a whole by leave.

The Parliamentary Secretary to the Prime Minister (Senator McLucas) moved the following amendments together by leave:

 Clause 3, page 2 (line 7), after "people", insert ", including Aboriginal persons and Torres Strait Islanders,".

 Clause 4, page 3 (lines 23 to 25), omit the clause, substitute:

4 Object of this Act

   The object of this Act is to enable special measures to be taken to reduce the potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in certain areas from sniffing fuel.

 Clause 5, page 4 (before line 1), before the definition of conduct, insert:

   Aboriginal person means a person of the Aboriginal race of Australia.

 Clause 5, page 4 (after line 23), after the definition of supply, insert:

   Torres Strait Islander means a descendant of an Indigenous inhabitant of the Torres Strait Islands.

 Clause 11, page 11 (line 15), after "people", insert ", including Aboriginal persons and Torres Strait Islanders,".

 Clause 13, page 12 (after line 8), after paragraph (1)(a), insert:

 (aa) Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);

 Clause 14, page 13 (line 13), after "people", insert ", including Aboriginal persons and Torres Strait Islanders,".

 Clause 14, page 13 (line 14), after "people", insert ", including Aboriginal persons and Torres Strait Islanders,".

 Clause 14, page 13 (line 16), after "people", insert ", including Aboriginal persons and Torres Strait Islanders,".

 Clause 14, page 13 (line 18), after "people", insert ", including Aboriginal persons and Torres Strait Islanders,".

 Clause 15, page 14 (line 3), after "people", insert ", including Aboriginal persons and Torres Strait Islanders,".

 Clause 15, page 14 (line 5), after "people", insert ", including Aboriginal persons and Torres Strait Islanders,".

 Clause 15, page 14 (line 8), after "people", insert ", including Aboriginal persons and Torres Strait Islanders,".

 Clause 15, page 14 (line 11), after "people", insert ", including Aboriginal persons and Torres Strait Islanders,".

 Clause 16, page 14 (after line 25), after paragraph (1)(a), insert:

 (aa) Aboriginal persons or Torres Strait Islanders (or representatives of Aboriginal persons or Torres Strait Islanders);

Debate ensued.

Explanatory memorandum: Senator McLucas tabled a supplementary explanatory memorandum relating to the government amendments to be moved to the bill.

Debate continued.

Limitation of debate: The time allotted for the consideration of this bill expired.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 35

Senators—

Bilyk

Bishop

Brown

Cameron

Carr, Bob

Carr, Kim

Collins

Crossin

Di Natale

Evans

Farrell

Feeney

Gallacher

Hanson-Young

Ludlam

Ludwig

Lundy

Marshall

McEwen

McLucas

Milne

Moore

Polley (Teller)

Rhiannon

Siewert

Singh

Stephens

Sterle

Thistlethwaite

Thorp

Urquhart

Waters

Whish-Wilson

Wright

Xenophon

NOES, 29

Senators—

Abetz

Back

Bernardi

Birmingham

Bushby (Teller)

Cash

Colbeck

Cormann

Edwards

Eggleston

Fawcett

Fifield

Humphries

Joyce

Kroger

Macdonald

Madigan

Mason

McKenzie

Nash

Parry

Payne

Ronaldson

Ruston

Ryan

Scullion

Sinodinos

Smith

Williams

Question agreed to.

The following amendments circulated by the Government were agreed to:

 Clause 3, page 2 (lines 12 and 13), omit "fuel areas. A corporation must not supply regular unleaded petrol in a low aromatic fuel area.", substitute "fuel areas, prohibiting the supply of regular unleaded petrol in a low aromatic fuel area.".

 Clause 3, page 3 (line 2), after "that area", insert ", and if certain other conditions are satisfied".

 Clause 3, page 3 (line 6), after "fuel area", insert ", and if certain other conditions are satisfied".

 Clause 5, page 4 (before line 12), before the definition of fuel control area, insert:

   fuel means:

 (a) petrol, or any substance that is used as a substitute for petrol; or

 (b) a substance of a kind prescribed by the regulations for the purposes of this definition.

 Clause 5, page 4 (after line 13), after the definition of fuel control area, insert:

   low aromatic fuel means:

 (a) unleaded petrol that has a research octane number of less than 95, and that has aromatic compounds of less than 5% to help discourage fuel sniffing; or

 (b) unleaded petrol of a kind prescribed by the regulations for the purposes of this definition.

 Clause 8, page 6 (line 18), omit "believing that", substitute "knowing that, or reckless as to whether,".

 Clause 14, page 13 (lines 7 to 10), omit subclause (2), substitute:

  (2) The Minister may only designate an area under subsection (1) if:

 (a) the Minister is satisfied that designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in the area from sniffing fuel; and

 (b) the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and

 (c) the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.

 Clause 15, page 13 (lines 29 to 32), omit subclause (2), substitute:

  (2) The Minister may only designate an area under subsection (1) if he or she is satisfied that:

 (a) designating the area is reasonably likely to help reduce potential harm to the health of people, including Aboriginal persons and Torres Strait Islanders, living in that area or in a low aromatic fuel area from sniffing fuel; and

 (b) the Minister is satisfied that there are adequate facilities or arrangements for the supply of low aromatic fuel to and within the area being designated; and

 (c) the Minister considers that the appropriate States and Territories have not enacted legislation consistent with this Act to reduce the harm of petrol sniffing, and it is unlikely that they will enact such legislation within a reasonable period.

 Clause 17, page 16 (lines 10 and 11), omit paragraph 17(1)(b), substitute:

 (b) either:

 (i) if the exemption is for the purposes of subsection 8(4), 10(2) or 12(2)—it is unlikely that the wellbeing of people, including Aboriginal persons and Torres Strait Islanders, will be adversely affected by the exemption; or

 (ii) if the exemption is for the purposes of subsection 8(4)—the exemption is necessary because of the unavailability, or likely unavailability, of low aromatic fuel.

 Page 17 (after line 15), after clause 18, insert:

18A Acquisition of property

   This Act, or any instrument made under this Act, does not apply to the extent that the operation of this Act or the instrument would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph).

The following amendments circulated by the Australian Greens were considered:

 No. 1—Clause 3, page 2 (line 18), omit "generally", substitute "(other than excluded fuels)".

 
No. 2—Clause 5, page 4 (after line 11), after the definition of engage in conduct, insert:

   excluded fuel means:

 (a) diesel fuel; and

 (b) gaseous fuel, whether liquefied or otherwise.

 No. 3—Heading to Division 3, page 10 (line 1), omit "generally", substitute "(other than excluded fuels)".

 No. 4—Heading to clause 11, page 10 (line 3), omit "generally", substitute "(other than excluded fuels)".

 No. 5—Clause 11, page 10 (before line 5), before subclause (1), insert:

   Application of section

  (1A) This section applies to fuel other than excluded fuel.

 No. 6—Clause13, page 12 (line 9), before "suppliers", insert "manufacturers and".

 No. 7—Clause 16, page 14 (line 26), before "suppliers", insert "manufacturers and".

Senator Siewert, by leave, withdrew amendments nos 1 to 5.

Question—That amendments nos 6 and 7 be agreed to—put and passed.

Question—That the bill, as amended, be agreed to—put and passed.

Bill to be reported with amendments.

The Deputy President (Senator Parry) resumed the chair and the Chair of Committees reported accordingly.

Question—That the remaining stages of this bill be agreed to and this bill be now passed—put.

The Senate divided—

AYES, 33

Senators—

Bilyk

Bishop

Brown

Cameron

Carr, Bob

Carr, Kim

Collins

Crossin

Di Natale

Farrell

Feeney

Gallacher

Hanson-Young

Ludlam

Ludwig

Lundy

Marshall

McLucas

Milne

Moore

Polley (Teller)

Rhiannon

Siewert

Singh

Stephens

Sterle

Thistlethwaite

Thorp

Urquhart

Waters

Whish-Wilson

Wright

Xenophon

NOES, 30

Senators—

Abetz

Back

Bernardi

Birmingham

Bushby (Teller)

Cash

Colbeck

Cormann

Edwards

Eggleston

Fawcett

Fifield

Humphries

Joyce

Kroger

Macdonald

Madigan

Mason

McKenzie

Nash

Parry

Payne

Ronaldson

Ruston

Ryan

Scullion

Sinodinos

Smith

Williams

Question agreed to.

Bill read a third time.