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4       Regional Investment Corporation Bill 2017

Order of the day read for the further consideration of the bill in committee of the whole.

 

 

 

In the committee

Consideration resumed of the bill.

Bill further debated.

Senator Brown moved the following amendments together by leave:

Clause 11 , page 10 (lines 6 to 9) , omit the note, substitute:

Note:         Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 does not apply to the directions (see regulations made for the purposes of paragraph 54(2)(b) of that Act).

Clause 11 , page 10 (after line 31) , at the end of the clause, add:

     (4)   Section 42 (Disallowance of legislative instruments) of the Legislation Act 2003 applies to a direction made by the responsible Ministers under subsection (1).

Rules

     (5)   The rules must prescribe, in relation to loans or financial assistance to be provided by the Corporation, the eligibility criteria for those loans or that assistance.

Clause 12 , page 11 (after line 15) , after subclause ( 3 ), insert:

  (3A)   For the purposes of subsection (3), any terms and conditions to be included in an agreement must be in accordance with the rules.

Clause 12 , page 11 (after line 21) , at the end of the clause, add:

Ministerial directions—water infrastructure projects

     (6)   A direction made by the responsible Ministers under subsection (3) is a notifiable instrument.

     (7)   Section 38 (Tabling of legislative instruments) of the Legislation Act 2003 applies to the direction as if the direction were a legislative instrument.

     (8)   The Minister must cause a copy of the direction to be published on the internet within 30 days after it is issued by the Minister.

Agreements—water infrastructure projects

     (9)   The Corporation must give the Agriculture Minister a copy of an agreement entered into under subsection (3).

  (10)   The Minister must cause a copy of the agreement to be tabled in each House of Parliament within 15 sitting days of that House after its receipt by the Minister.

  (11)   The Minister must cause a copy of the agreement to be published on the internet within 30 days after its receipt by the Minister.

Rules

  (12)   The rules must prescribe, in relation to agreements to be entered into under subsection (3):

                              (a)  the terms and conditions, or the kinds of terms and conditions, that may be included in an agreement; and

                              (b)  the matters the Corporation must consider in specifying terms and conditions to be included in an agreement.

Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 30

Senators—

Bernardi

Dodson

McAllister*

Rhiannon

Brown

Farrell

McCarthy

Rice

Cameron

Gallacher

McKim

Siewert

Carr

Gallagher

Moore

Sterle

Chisholm

Hanson-Young

O’Neill

Urquhart

Collins

Kitching

Polley

Watt

Dastyari

Leyonhjelm

Pratt

Whish-Wilson

Di Natale

Lines

 

 

 

NOES, 30

Senators—

Abetz

Fifield

McKenzie

Ruston

Birmingham

Georgiou

Nash

Ryan

Brockman

Gichuhi

O’Sullivan

Scullion

Burston

Hanson

Parry

Seselja

Bushby

Hinch

Paterson

Smith

Cash

Hume

Reynolds

Williams*

Duniam

Kakoschke-Moore

Roberts

Xenophon

Fawcett

McGrath

 

* Tellers

The ayes and noes were equal and so the question was negatived.

Question—That the bill stand as printed—divided, at the request of Senator Brown, in respect of clause 11, paragraph 11(2)(c).

Paragraph debated.

Question—That clause 11, paragraph 11(2)(c) stand as printed—put.

The committee divided—

AYES, 31

Senators—

Abetz

Fifield

McKenzie

Ruston

Birmingham

Georgiou

Nash

Ryan

Brockman

Gichuhi

O’Sullivan

Scullion

Burston

Hanson

Parry

Seselja

Bushby

Hinch

Paterson

Smith

Cash

Hume

Payne

Williams*

Duniam

Kakoschke-Moore

Reynolds

Xenophon

Fawcett

McGrath

Roberts

 

 

 

NOES, 29

Senators—

Bernardi

Dodson

Lines

Pratt

Brown

Farrell

McAllister*

Rhiannon

Cameron

Gallacher

McCarthy

Rice

Carr

Gallagher

McKim

Siewert

Chisholm

Hanson-Young

Moore

Singh

Collins

Kitching

O’Neill

Sterle

Dastyari

Leyonhjelm

Polley

Whish-Wilson

Di Natale

 

* Tellers

Paragraph agreed to.

Senator Brown moved the following amendment:

Clause 12 , page 11 (lines 20 and 21) , omit “ responsible Ministers may give a writt en direction to the Corporation about” , substitute “ rules must provide for ”.

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES, 28

Senators—

Bernardi

Dodson

Lines

Pratt

Brown

Farrell

McAllister

Rhiannon

Carr

Gallacher

McCarthy

Rice

Chisholm

Gallagher

McKim

Siewert

Collins

Hanson-Young

Moore

Singh

Dastyari*

Kitching

O’Neill

Urquhart

Di Natale

Leyonhjelm

Polley

Whish-Wilson

 

 

NOES, 29

Senators—

Abetz

Fifield

McGrath

Roberts

Birmingham

Georgiou

McKenzie

Ruston

Brockman

Gichuhi

Nash

Ryan

Burston

Hanson

O’Sullivan

Scullion

Cash

Hinch

Parry

Seselja

Cormann

Hume

Paterson

Smith*

Duniam

Kakoschke-Moore

Payne

Xenophon

Fawcett

 

* Tellers

Question negatived.

On the motion of the Assistant Minister for Agriculture and Water Resources (Senator Ruston) the following amendments, taken together by leave, were debated and agreed to:

Clause 12, page 11 (after line 15), after subclause (3), insert:

  (3A)   In giving a direction under subsection (3), the responsible Ministers must exercise their powers consistently with the Water Act 2007 .

  (3B)   Before giving a direction under subsection (3) in relation to a water infrastructure project that is wholly or partly within the Murray-Darling Basin (as defined by the Water Act 2007 ), the responsible Ministers must seek the Murray-Darling Basin Authority’s advice as to whether, in giving the direction, the Ministers would be exercising the Ministers’ powers consistently with the Basin Plan (as defined by the Water Act 2007 ).

Clause 12, page 11 (after line 18), after subclause (4), insert:

  (4A)   If:

                              (a)  the responsible Ministers give a direction under subsection (3) to the Corporation to enter into an agreement; and

                              (b)  the direction is one in relation to which the responsible Ministers received advice from the Murray-Darling Basin Authority under subsection (3B);

then:

                               (c)  the Board must notify the responsible Ministers when the agreement has been entered into; and

                              (d)  the responsible Ministers must publish the advice on the internet within 30 business days of receiving the notice under paragraph (c).

Senator Brown moved the following amendment:

Page 23 (after line 10) , after clause 41 , insert:

41A   Disclosure of interests

     (1)   The CEO must give written notice to the Board of any disclosure made by the CEO under section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests).

     (2)   Subsection (1) applies in addition to any rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 .

     (3)   For the purposes of this Act and the Public Governance, Performance and Accountability Act 2013 , the CEO is taken not to have complied with section 29 of that Act if the CEO does not comply with subsection (1) of this section.

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES, 28

Senators—

Bernardi

Dodson

McAllister

Rhiannon

Brown

Farrell

McCarthy

Rice

Carr

Gallacher

McKim

Siewert

Chisholm

Hanson-Young

Moore

Singh

Collins

Kitching

O’Neill

Urquhart*

Dastyari

Leyonhjelm

Polley

Watt

Di Natale

Lines

Pratt

Whish-Wilson

 

 

NOES, 30

Senators—

Abetz

Fifield

McGrath

Roberts

Birmingham

Georgiou

McKenzie

Ruston

Brockman

Gichuhi

Nash

Ryan

Burston

Hanson

O’Sullivan

Scullion

Bushby

Hinch

Paterson

Seselja

Cormann

Hume

Payne

Smith*

Duniam

Kakoschke-Moore

Reynolds

Xenophon

Fawcett

Lambie

 

* Tellers

Question negatived.

 

 

 

At 12.45 pm : The Deputy President (Senator Lines) resumed the chair and the Chair of Committees reported progress.