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Tuesday, 26 February 2013
Page: 918

Senator JACINTA COLLINS (VictoriaManager of Government Business in the Senate and Parliamentary Secretary for School Education and Workplace Relations) (16:15): I give notice that on the next day of sitting I shall move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Marine Safety (Domestic Commercial Vessel) National Law Amendment Bill 2013, allowing it to be considered during this period of sittings.

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

Leave granted.

The statement read as follows—



Purpose of the Bill

The bill amends the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (the Act) to ensure that the Australian Maritime Safety Authority (AMSA), as the National Marine Safety Regulator (the National Regulator), is able to reimburse to the states and Northern Territory jurisdictions revenue collected from infringement notices issued by marine safety inspectors.

Reasons for Urgency

The Act's original policy intention was that AMSA would remit to the states and Northern Territory revenue collected as a result of payment of infringement notices. Section 10 of the Act enables the National Regulator to pay amounts collected from infringement notice payments to the states or Northern Territory. However, sections 138 and 162 of schedule 1 to the Act refer to paying 'a penalty to the Commonwealth' rather than the National Regulator.

The legal and operational effect of sections 138 and 162 is that the Commonwealth, rather than AMSA, will be required to receive the revenue from the infringement notices. The Act does not contain an appropriations power, and the Commonwealth therefore does not have the power to reimburse the amounts to the states or Northern Territory. This will impact on jurisdictional revenues.

The Act implements the Council of Australian Governments' Intergovernmental Agreement on Commercial Vessel Safety Reform (the IGA). The Standing Council on Transport and Infrastructure (SCOTI) agreed on 9 November 2012 that the Act will commence in March 2013. SCOTI also agreed, as required under paragraph 20(a) of the IGA, for the Act to be amended to ensure the original policy intention is achieved.

Senator Xenophon to move:

That the following bill be introduced: A Bill for an Act to amend the Broadcasting Services Act 1992, and for related purposes. Broadcasting Services Amendment (Material of Local Significance) Bill 2013.

Senator Whish-Wilson to move:

That the Senate—

(a) notes:

(i) the comments by the Tasmanian Premier Ms Lara Giddings at the Press Club in the week beginning 17 February 2013 calling for the Tamar Valley pulp mill project to be revived,

(ii) the comments by the Minister for Regional Australia, Regional Development and Local Government in late 2012 in support of a pulp mill in the Tamar Valley in Tasmania, and

(iii) the Federal Government funding promised to Tasmania under the Intergovernmental Agreement with the Tasmanian Government; and

(b) calls on the Government to guarantee they will not buy the Tamar Valley pulp mill permits and that no more Government resources will go to supporting this pulp mill.

Senator Whish-Wilson to move:

That the Senate—

(a) notes that:

(i) the Minister for Environment and Water Resources under the Howard Government approved the construction and operation of the Gunns proposed pulp mill in Tasmania in October 2007,

(ii) under Condition 45 of the Federal Approval for the pulp mill it states ‘If, at any time after five years from the date of this approval, the Minister notifies Gunns Limited in writing that the Minister is not satisfied that there has been substantial commencement of construction of the pulp mill, then this approval lapses and the action must not thereafter be commenced’,

(iii) it has now been more than 5 years since that approval was granted and no substantial commencement of construction has begun, and

(iv) the passing of the Pulp Mill Assessment Act 2007 by the Tasmanian Parliament bypassed the environmental impact assessments usually required for a project of this significance; and

(b) calls on the Minister for Sustainability, Environment, Water, Population and Communities (Mr Burke) to notify the receivers of Gunns Limited that the approval has lapsed.

Senator Ludlam to move:

That the Senate—

(a) notes that:

(i) the then Prime Minister, Mr Howard, signed an agreement on 11 June 2002 with Lockheed Martin with no public consultation or competitive tendering process for the purchase of up to 100 Joint Strike Fighters (JSFs),

(ii) the then Minister for Defence, Senator Faulkner, announced approval for the purchase of the first 14 JSFs on 25 November 2009 at a cost of around $3.2 billion, contractually committing to two,

(iii) the Australian Auditor-General confirmed in its September 2012 report that the cost for each aircraft is US$131.4 million, more than treble the initial price,

(iv) the aircraft cannot yet fly at supersonic speeds or within 25 miles of storms due to potential ignition of oxygen in the fuel tank,

(v) Senator John McCain of the US Senate describes the JSF program as a scandal and a tragedy, and

(vi) the United Kingdom, the biggest investor in the JSF program, in May 2012 reduced and delayed its acquisition, and the Dutch Parliament in July 2012 voted to cancel its involvement altogether; and

(b) calls on the Government to:

(i) cancel the technically and financially infeasible JSF program,

(ii) urgently examine alternatives given the very long lead times for project development, acquisition and entry into service, and

(iii) focus Australia’s Defence procurement priorities on the equipment and training required to address the defence and humanitarian challenges arising from climate change, water stress and resource depletion.

Senator Ludlam to move:

That the Senate—

(a) notes that:

(i) less than half of one per cent of Australian organisations and individuals making submissions to the Joint Standing Committee on Intelligence and Security inquiry into potential reforms of National Security Legislation support the proposal for tailored data retention periods for up to 2 years,

(ii) of the total 5 554 submissions made to the inquiry, 25 were explicitly supportive of data retention, 32 submissions were listed as confidential and 34 do not address the issue, leaving 5 463 submissions or 98.9 per cent of submitters from a broad spectrum of Australian society explicitly indicating their opposition to the retention of data for up to 2 years, and

(iii) respondents objected that the proposal to retain data on all Australians for up to 2 years was vaguely and briefly presented, threatens privacy and freedom of expression and posed security risks through potential misuse of preserved data; and

(b) calls on the Government to:

(i) abandon the proposal to retain data on all Australians for up to 2 years due to the public consultation revealing a wide diversity of opposition from across the political spectrum, from industry, lawyers, non-government organisations, information technology experts and the media, and

(ii) propose national security measures that are appropriate, proportionate and strengthen rather than erode human rights standards that are the cornerstone of Australian democracy.

Senator Heffernan to move:

That the Rural and Regional Affairs and Transport References Committee be authorised to hold a public meeting during the sitting of the Senate on Tuesday, 12 March 2013, from 3 pm, to take evidence for the committee’s inquiry into fresh pineapple imports.

Senator Madigan to move:

That the following bill be introduced: A Bill for an Act to amend the Health Insurance Act 1973, and for related purposes. Health Insurance Amendment (Medicare Funding for Certain Types of Abortion) Bill 2013.

Senator Wright to move:

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 6 June 2013:

The impact of federal court fee increases since 2010 on access to justice in Australia, with particular reference to:

(a) the impact of federal court fee increases on low-income and ordinary Australians and operators of small businesses;

(b) whether these fee increases are reasonable, based on evidence and consistent with other justice policy matters;

(c) how increases in court fees, and other reform to the courts and justice system, can act as a barrier to accessing justice;

(d) the extent to which court fee increases may impact on services provided by legal assistance services (i.e. legal aid commissions, Aboriginal and Torres Strait Islander legal services, family violence prevention legal services and community legal services);

(e) the application of the revenue that has been raised by federal court fee increases; and

(f) other relevant matters.

Senator Siewert to move:

That there be laid on the table by the Minister representing the Minister for Climate Change and Energy Efficiency, by noon on Thursday 28 February 2013, the economic-based analysis/report on coastal climate change adaptation options for the Peron Naturaliste region of Western Australia conducted by the Peron Naturaliste Partnership at the request and with the funding support of the Department of Climate Change and Energy Efficiency.

Senator Di Natale to move:

That the following bill be introduced: A Bill for an Act to amend the Therapeutic Goods Act 1989, and for related purposes. Therapeutic Goods Amendment (Pharmaceutical Transparency) Bill 2013.

Senators Hanson-Young and Waters to move:

That the Senate—

(a) notes that South Australia’s iconic Lake Eyre is dependent on water flows from the Cooper, Diamantina and Georgina rivers, which are under threat by the Queensland Government’s proposal to repeal legislation that currently protects them;

(b) opposes the repealing of the Wild Rivers legislation by the Queensland Government; and

(c) urges the South Australian Premier, Mr Weatherill, to act promptly to work with the Federal Government to protect the Lake Eyre Basin from the proposal of the Premier of Queensland, Mr Newman.

Senators Heffernan, Xenophon, Madigan, Williams, Back and Siewert to move:

That the following matters be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 17 June 2013:

(a) the possible imminent importation of beef products from countries whose cattle herds have bovine spongiform encephalopathy (BSE) and/or foot-and-mouth disease (FMD);

(b) the processes undertaken by Australian government agencies in determining risk to consumers and industry and the adequacy of such processes;

(c) the lessons to be learnt from the recent contamination of the beef supply chain with horse meat throughout Europe and its implications for Australian consumers and industry;

(d) the likely implications of allowing imports of beef from BSE and FMD countries on Australia’s international reputation and standing as the world’s safest exporter of beef;

(e) the adequacy of Australian food labelling laws to ensure Australian consumers can make a fully informed choice on Australian meat products; and

(f) any related matters.

Senator Siewert to move:

That the Senate calls on the Australian Government to seek an immediate explanation from the Government of Japan on its non-compliance with the injunction of the Federal Court of Australia in 2008 against whaling in the International Whale Sanctuary in the Southern Ocean.

Senator Milne to move:

That the Senate—

(a) notes that:

(i) on 25 February 2013, 38 retired generals and admirals from the United States of America (US), and prominent national security experts, presented a letter calling on US policymakers to recognise the security effects of climate change and the undeniable consequences and costs of inaction in addressing climate change for vulnerable nations,

(ii) the Australian Strategic Policy Institute in 2007 called on the 2009 Defence White Paper to examine the full implication of climate change for the Australian Defence Force, and

(iii) the brief acknowledgement in the 2009 Defence White Paper that climate change has the potential to be a destabilising global force erroneously concludes that the strategic consequences of climate change will not be felt before 2030; and

(b) calls on the Government to:

(i) recognise the undeniable security implications of climate change, the costs and consequences of inaction, and

(ii) ensure that the Defence White Paper, due to be released in May 2013, addresses the fact that climate change is shaping the contemporary security climate, is a driver of conflict and should guide procurement and deployment in Australia’s national security.

Senator Collins to move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Marine Safety (Domestic Commercial Vessel) National Law Amendment Bill 2013, allowing it to be considered during this period of sittings.