Mr Tony Burke (Watson, Australian Labor Party, Minister for Sustainability, Environment, Water, Population and Communities) Share this | Hansard source

I present a supplementary explanatory memorandum to the bill and I ask the leave of the House to move government amendments (1) to (8) on sheet BR302 and amendments (1) to (8) on sheet BR322, as circulated, together.

Leave granted.

I move government amendments (1) to (8) on sheet BR302:

(1) Schedule 1, item 29, page 6 (line 14), at the end of the heading to section 7, add "—general rule".

(2) Schedule 1, item 29, page 7 (after line 8), after section 7, insert:

7A Requirement to pass the access test—transitional rule

   Who must pass the access test

(1) A provider of a port terminal service must pass the access test in relation to the port terminal service if the provider was, immediately before the commencement of this section:

  (a) an accredited wheat exporter; or

  (b) an associated entity of an accredited wheat exporter.

When the access test must be passed

(2) The provider must pass the access test in relation to the port terminal service at all times during the period:

  (a) beginning at the commencement of this item; and

  (b) ending at the earlier of the following times:

     (i) the first time the provider is required by section 7 to pass the access test in relation to the port terminal service;

     (ii) the end of the 12 month period beginning on the day this item commences.

   Exception

(3) The Secretary may, by writing, determine that this section does not apply in relation to a specified provider and to a specified period if the Secretary is satisfied that there are special circumstances that justify the Secretary doing so.

   Determination not a legislative instrument

(4) A determination under subsection (3) is not a legislative instrument.

   Definitions

(5) For the purposes of this section:

   accredited wheat exporter has the same meaning as in the old Act.

(3) Schedule 1, item 29, page 7 (lines 10 to 23), omit subsection 8(1), substitute:

   Scope

(1A) This section applies to a person if:

  (a) the person is the provider of a port terminal service; or

  (b) an associated entity of the person is the provider of a port terminal service.

   Exports of wheat

(1) The person (the relevant exporter) must not export wheat using the port terminal service if:

  (a) both:

     (i) a person (whether the relevant exporter, the associated entity or another person) was required by this Act to pass the access test in relation to the port terminal service at a time during the 12 month period ending on the day of the export; and

     (ii) the person mentioned in subparagraph (i) did not pass the access test at that time; or

  (b) the accreditation of an accredited wheat exporter was cancelled because a person (whether the relevant exporter, the associated entity or another person) failed the old access test in relation to the port terminal service at a time during the 12 month period ending on the day of the export.

(4) Schedule 1, item 29, page 8 (after line 20), at the end of section 8, add:

   Definitions

(8) For the purposes of this section:

accredited wheat exporter has the same meaning as in the old Act.

old access test means the access test within the meaning of the old Act.

(5) Schedule 1, item 29, page 10 (line 2), omit "the name of", substitute "a unique slot reference number for".

(6) Schedule 1, item 29, page 10 (line 6), omit "a unique slot reference number", substitute "if the person knows the name of the ship—the name".

(7) Schedule 1, item 30, page 14 (line 29) to page 15 (line 10), omit the item.

(8) Schedule 1, item 54, page 18 (after line 6), after paragraph 72(a), insert:

(aa) a decision under subsection 7A(3) to determine that section 7A does not apply in relation to a specified provider and to a specified period;

And I move government amendments (1) to (8) on sheet BR322:

(1) Clause 2, page 2 (table item 2), omit "1 October 2012" (wherever occurring), substitute "10 December 2012".

(2) Schedule 1, item 29, page 12 (line 9) to page 14 (line 28), omit Division 5.

(3) Schedule 1, item 59, page 18 (line 26), omit "contravention; or", substitute "contravention.".

(4) Schedule 1, item 59, page 18 (lines 27 to 29), omit paragraph 76(4)(c).

(5) Schedule 1, item 60, page 19 (lines 11 to 14), omit subsection 77(1A).

(6) Schedule 1, item 61, page 19 (lines 21 to 23), omit paragraphs 86(1)(b) to (d).

(7) Schedule 2, item 11, page 23 (lines 1 and 2), omit the item.

(8) Schedule 2, items 18 to 21, page 24 (lines 13 to 20), omit the items.

These are minor amendments to ensure consistency with the Australian government's response to the Productivity Commission's inquiry into wheat export marketing arrangements. They will also ensure that the new wheat export marketing arrangements operate effectively and are aligned with current practice.

The bill as drafted could allow a port terminal service provider, who is required to pass the access test under the Wheat Export Marketing Act 2008, to avoid complying with the access test from 1 October 2012 until the date of their first export under the new arrangements. The proposed amendments resolve this issue and ensure that there is no break in a port terminal service provider's compliance with the access test in the transition from the 2008 arrangements to the new arrangements. Continuous disclosure rules form part of the access test and require a port terminal service provider to publish information regarding the details of any vessel booking applications for the export of grain, also known as a shipping stem. At the moment the bill requires port terminal service providers to publish a loading statement that includes information on each ship scheduled to load grain, as part of compliance with the CDRs. As it is possible that the name of the ship may not be available at the time of booking, section 9(4) of the bill has been amended so that the unique slot reference number that confirms the booking is the point of reference for the requirement to provide the necessary information, with the ship's name to be included if available. I commend the amendment to the House.

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