Tanya Plibersek (Sydney, Australian Labor Party, Minister for the Environment and Water) Share this | Hansard source

by leave—I move government amendments (1) to (31), as circulated, together and present a supplementary explanatory memorandum:

(1) Schedule 2, item 2, page 11 (line 16), omit "publish guidelines", substitute "issue and publish guidelines under subsection 215V(1)".

(2) Schedule 2, item 2, page 11 (after line 18), at the end of subsection (2), add:

Note: The Inspector-General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.

(3) Schedule 2, item 2, page 12 (line 8), omit "publish guidelines", substitute "issue and publish guidelines under subsection 215V(1)".

(4) Schedule 2, item 2, page 12 (after line 10), at the end of subsection (2), add:

Note: The Inspector-General must consult the Basin States, and have regard to any submissions made by the Basin States, in preparing guidelines under section 215V: see section 215VB.

(5) Schedule 2, item 48, page 24 (line 4), after "SDL", insert "resource".

(6) Schedule 3, item 2, page 47 (after line 18), at the end of subsection 100ZH(3), add:

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see section 154E.

(7) Schedule 3, item 2, page 48 (after line 5), at the end of subsection 100ZJ(3), add:

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see section 154E.

(8) Schedule 3, item 2, page 48 (after line 21), at the end of subsection 100ZK(3), add:

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see section 154E.

(9) Schedule 3, item 3, page 49 (line 15), definition of material effect, before "a decision", insert "for the purposes of Part 5A,".

(10) Schedule 3, item 4, page 52 (after line 11), after subsection 101B(3), insert:

(3A) A person who provides a water markets decision to the Bureau under paragraph (1)(a), or reports the announcement of a water markets decision to the Bureau under paragraph (3)(a), must comply with the requirements (if any) prescribed by the regulations in relation to the manner or form in which one or more of the following are provided:

(a) the decision;

(b) the report;

(c) details in relation to the decision or the report.

(11) Schedule 3, item 4, page 52 (line 13), omit "or (3)", substitute ", (3) or (3A)".

(12) Schedule 3, item 4, page 58 (after line 31), at the end of subsection 101M(3), add:

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see section 154E.

(13) Schedule 3, item 4, page 59 (after line 19), at the end of subsection 101N(3), add:

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see section 154E.

(14) Schedule 3, item 4, page 59 (after line 34), at the end of subsection 101P(3), add:

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see section 154E.

(15) Schedule 3, item 4, page 60 (before line 1), at the end of Part 5A, add:

Division 8 — Information required under this Part and Part 7

101Q Interaction between this Part and Part 7

If, apart from this section, a person would be required to give the same information to the Bureau under this Part and Part 7:

(a) the person is required to give the information under this Part; and

(b) if the person gives the information under this Part—the person is not required to give the information under Part 7.

(16) Schedule 3, item 17, page 82 (lines 11 and 12), omit the note.

(17) Schedule 4, heading to Part 1, page 84 (line 4), after "water", insert "access".

(18) Schedule 4, item 2, page 84 (line 13), after "water", insert "access".

(19) Schedule 6, item 6, page 89 (after line 10), after paragraph 137(ba), insert:

(baa) the ACCC if the contravention is a contravention of a provision of Part 10AC; or

(20) Schedule 6, item 8, page 89 (line 21), omit ", regulations made for the purposes of Part 5,".

(21) Schedule 6, page 90 (after line 21), after item 9, insert:

9A Subparagraphs 215C(1)(a)(i) and (ii) and (b)(i) and (ii)

Omit "10A", substitute "5, 10A, 10AC".

9B After paragraph 215C(2)(a)

Insert:

(ab) by the ACCC under Part 8; or

(22) Schedule 6, item 10, page 92 (after line 10), after subsection 239AJ(5), insert:

(5A) A person is liable to a civil penalty if:

(a) the person refuses or fails to comply with a notice under subsection (2); or

(b) in purported compliance with such a notice, knowingly gives information or evidence that is false or misleading.

Civil penalty: 100 penalty units.

(23) Schedule 6, item 10, page 92 (after line 14), after subsection 239AJ(6), insert:

(6A) Paragraph (5A)(a) does not apply to the extent that the person is not capable of complying with the notice.

Note: A defendant bears an evidential burden in relation to the matters in this subsection: see section 154E.

(24) Schedule 6, item 10, page 92 (after line 23), after subsection 239AJ(7), insert:

(7A) Paragraph (5A)(a) does not apply to the extent that:

(a) the notice relates to producing documents; and

(b) the person proves that, after a reasonable search, the person is not aware of the documents; and

(c) the person provides a written response to the notice, including a description of the scope and limitations of the search.

(25) Schedule 6, item 10, page 92 (lines 24 and 25), omit "paragraph (7)(b), a determination of whether a search is reasonable for the purposes of that paragraph", substitute "paragraphs (7)(b) and (7A)(b), a determination of whether a search is reasonable for the purposes of those paragraphs".

(26) Schedule 6, item 10, page 93 (line 10), after "Code", insert "and section 154E of this Act".

(27) Schedule 6, item 10, page 93 (line 15), after "Code", insert "and section 154E of this Act".

(28) Schedule 6, item 17, page 96 (line 1), definition of relevant agency, after "means", insert ", for the purposes of Part 5A".

(29) Schedule 6, page 97 (after line 15), after item 30, insert:

30A Subparagraphs 215C(1)(a)(i) and (ii) and (b)(i) and (ii)

After "5,", insert "5A,".

(30) Schedule 6, page 98 (line 2), heading to Part 3, after "information", add "and annual reporting".

(31) Schedule 6, page 99 (after line 12), after item 41, insert:

41A At the end of section 215Y

Add:

(3) The Minister must cause a copy of each annual report to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.

There are a number of amendments that I have proposed today, because we have continued to take on feedback provided by basin states, by commonwealth agencies, by industry and by community stakeholders on the version of the bill that was introduced to the parliament on 28 September 2023. The government is introducing amendments to the bill to: firstly, strengthen transparency and accountability in the Basin Plan, including for the role of the Inspector-General of Water Compliance; secondly, ensure the Australian Competition and Consumer Commission can enforce its new information-gathering powers by making the ACCC the appropriate enforcement agency and adding a civil penalty provision for contraventions; thirdly, ensure the Inspector-General for Water Compliance does not have oversight of the ACCC or the Commonwealth or basin agencies that the ACCC regulates in relation to the integrity and conduct obligations in the bill; and, fourthly, to make minor and technical amendments in response to feedback from Commonwealth and basin state agencies and to ensure the bill would operate as intended.

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