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A Fair Go for Australians in Trade Bill 2018

2016-2017-2018

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

A Fair Go for Australians in Trade Bill 2018

 

No.      , 2018

 

(Mr Clare)

 

 

 

A Bill for an Act to give Australian workers a fair go in trade agreements and to fix the way the Commonwealth negotiates them, and for related purposes

   

   

   



Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 2

3............ Prohibiting labour market testing waivers in trade agreements............ 2

4............ Prohibiting the inclusion of investor-state dispute settlement provisions in trade agreements  2

5............ Prohibiting the privatisation of public services.................................... 3

6............ Prohibiting the undermining of the PBS............................................. 3

7............ Prohibiting the undermining of anti-dumping laws............................. 3

8............ Prohibiting limits on right of Commonwealth to regulate.................... 3

9............ Prohibiting restrictions on government procurement........................... 3

10.......... Enforceable labour obligations............................................................ 4

11.......... Mandatory skills testing...................................................................... 4

12.......... Independent national interest assessments........................................... 5

13.......... Accredited trade advisers.................................................................... 5

14.......... Executive power of the Commonwealth not otherwise limited............ 5

15.......... Regulations......................................................................................... 5

 



 

A Bill for an Act to give Australian workers a fair go in trade agreements and to fix the way the Commonwealth negotiates them, and for related purposes

The Parliament of Australia enacts:

 

1   Short title

                   This Act is the A Fair Go for Australians in Trade Act 2018 .

2   Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3   Prohibiting labour market testing waivers in trade agreements

             (1)  The Commonwealth must not, on or after the commencement of this Act, enter into a trade agreement with one or more other countries that waives labour market testing requirements for workers from those countries.

             (2)  The Minister administering the Migration Act 1958 must not, on or after the commencement of this Act, determine under subsection 140GBA(2) of the Migration Act 1958 an obligation of Australia that arises under a trade agreement between Australia and one or more other countries.

4   Prohibiting the inclusion of investor-state dispute settlement provisions in trade agreements

                   The Commonwealth must not, on or after the commencement of this Act, enter into a trade agreement with one or more other countries or a bilateral investment treaty that includes an investor-state dispute settlement provision.

5   Prohibiting the privatisation of public services

                   The Commonwealth must not, on or after the commencement of this Act, enter into a trade agreement with one or more other countries that includes provisions requiring the privatisation of any public services.

6   Prohibiting the undermining of the PBS

                   The Commonwealth must not, on or after the commencement of this Act, enter into a trade agreement with one or more other countries that includes provisions that undermine the scheme for the supply of pharmaceutical benefits established under Part VII of the National Health Act 1953 .

7   Prohibiting the undermining of anti-dumping laws

                   The Commonwealth must not, on or after the commencement of this Act, enter into a trade agreement with one or more other countries that includes provisions that undermine any law of the Commonwealth, a State or a Territory relating to anti-dumping.

8   Prohibiting limits on right of Commonwealth to regulate

                   The Commonwealth must not, on or after the commencement of this Act, enter into a trade agreement with one or more other countries that limits the right of the Commonwealth to regulate:

                     (a)  in the interests of public welfare; or

                     (b)  in relation to safe products.

9   Prohibiting restrictions on government procurement

                   The Commonwealth must not, on or after the commencement of this Act, enter into a trade agreement with one or more other countries that includes provisions relating to government procurement which have the effect of restricting the Commonwealth’s procurement arrangements from any form of preference for the purpose of:

                     (a)  protecting Australia’s essential security interests; or

                     (b)  benefiting local small and medium enterprises; or

                     (c)  protecting national treasures; or

                     (d)  implementing measures for the health, welfare and economic and social advancement of Indigenous people; or

                     (e)  promoting ethical standards and sustainable development though ethical procurement; or

                      (f)  providing for the full, fair and reasonable participation of local enterprises in government contracts as outlined in Commonwealth, State and Territory industry participation policies and successor programs and policies; or

                     (g)  maintaining the Australian industry capability programs and its successor programs and policies.

10   Enforceable labour obligations

             (1)  Any bilateral trade agreement signed by the Commonwealth on or after the commencement of this Act must include a labour chapter with internationally recognised labour principles.

             (2)  The Commonwealth should seek to include a labour chapter with internationally recognised labour principles in any regional or multilateral trade agreement signed by the Commonwealth on or after the commencement of this Act.

11   Mandatory skills testing

                   The Commonwealth must not, on or after the commencement of this Act, enter into a trade agreement with one or more other countries unless the agreement requires skills assessments (including practical and theoretical testing) to be undertaken in Australia.

12   Independent national interest assessments

                   The Commonwealth must not, on or after the commencement of this Act, enter into a trade agreement with one or more other countries unless:

                     (a)  the Minister has caused an independent national interest assessment of the economic, strategic and social impacts of the proposed trade agreement to be undertaken; and

                     (b)  a copy of the assessment has been tabled in each House of the Parliament.

13   Accredited trade advisers

                   The regulations may provide for the establishment of a program (the accredited trade advisers program ) that allows industry, unions and civil society groups to give real time feedback on any draft trade agreements between Australia and one or more other countries.

14   Executive power of the Commonwealth not otherwise limited

                   This Act limits the executive power of the Commonwealth to the extent set out in sections 3 to 12, and does not, by implication, limit that power to any other extent.

15   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed by the regulations; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.