Chris Evans (WA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Hansard source

Yes, it is all his advisers’ fault, I am sure. I always found Senator Kemp to be much more reasonable and accommodating, so I was surprised by his refusal. Since he started making retirement plans he has been much more accommodating and relaxed! I move opposition amendment (5) on sheet 5096:

(5)    Page 524 (after line 28), after clause 658-5, insert:

658-6 Exemption orders to be responded to expeditiously

For the purposes of paragraph 658-5(b), the Registrar must provide a response within a reasonable period to any application for exemption from the operation of this Act to ensure that the applicant corporation is not unduly burdened by uncertainty or ongoing and inappropriate compliance requirements.

This amendment requires that the registrar respond to exemption applications within a reasonable period to ensure that a relevant corporation is not unduly burdened by uncertainty. I am sure the minister will assure me that practice and other matters will ensure this happens, but forgive me for seeking more certainty.

The structure of the bill provides a default setting of regulation, part of which can be avoided by corporations through the exemption process, which we discussed earlier. The exemption process is the key to the bill’s strong flexibility, but obviously there may be other consequences. Depending on the level of applications, the exemption processes may create unnecessary bureaucratic layers for corporations or place a burden on the resources of ORAC. They may also create some uncertainty for Indigenous corporations and prolong onerous or inappropriate requirements if their applications are not treated expeditiously.

The exemption order provisions in the bill enable the corporations to make an application to the registrar but do not require the registrar to respond unless he or she agrees to make an exemption order. Labor’s amendment seeks to ensure that the registrar provides a response, whether written or otherwise, within a reasonable period. It just ensures that the applicant corporation is not unduly burdened by uncertainty or inappropriate compliance requirements. It is a small change which we think would ensure that the registrar is required to respond within a reasonable period and it makes it clear that the corporation can expect a response within a reasonable period, which provides them with certainty and ensures that the efficiency of the office is guaranteed.