Don Farrell (SA, Australian Labor Party, Parliamentary Secretary for Sustainability and Urban Water) Share this | Hansard source

Thank you for the question, Senator Ludlam. The key inputs to the legislation, of course, are the advisory groups, the international agreements and the environment ministers council. If any one of those groups is of the view that the legislation is not working then of course it will raise that and we will deal with it on a case-by-case basis. We have the TV and computer program; that will be the first test. I am very confident that that will, particularly once we have written the regulations, demonstrate to the community that this legislation works. But there are processes by which organisations can raise any concerns about failing to meet the expectations of the legislation, and I am sure that that is what will happen.

Question agreed to.

I table the supplementary explanatory memorandum relating to the government amendments to be moved to this bill. The memorandum was circulated in the chamber on 12 May 2011. I seek leave to move the government amendments together.

Leave granted.

I move government amendments (1) to (15) on sheet AF202 together:

(1)   Clause 9, page 13 (line 11), omit "(1) Subject to subsections(2) and (3), this Act", substitute "This Act".

[relationship to State and Territory laws]

(2)   Clause 9, page 13 (line 15) to page 14 (line 23), omit subclauses (2) and (3).

[relationship to State and Territory laws]

(3)   Clause 17, page 21 (line 17), after "that", insert ", among other things".

[products for regulation]

(4)   Heading to subclause 19(3), page 25 (line 1), at the end of the heading, add "etc.".

[products for regulation]

(5)   Clause 19, page 25 (line 8), at the end of paragraph (3)(b), add "; and".

[products for regulation]

(6)   Clause 19, page 25 (after line 8), after paragraph (3)(b), insert:

  (c)   if regulations made for the purposes of subsection (1) are not already in force in relation to the class of products:

     (i)   the class of products has been notified in accordance with subsection (3A) no later than 12 months beforehand; or

     (ii)   there are special circumstances justifying the making of the regulations without that notification.

[products for regulation]

(7)   Clause 19, page 25 (after line 10), after subclause (3), insert:

(3A)   For the purposes of subparagraph (3)(c)(i), a class of products must be notified by being included in a list or notice, published on the Department's website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.

(3B)   If the Governor-General makes regu­lations to which subparagraph (3)(c)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislative Instruments Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.

[products for regulation]

(8)   Clause 36, page 41 (line 14), after "that", insert ", among other things".

[products for regulation]

(9)   Clause 37, page 43 (line 28), omit "paragraph 39(c)", substitute "paragraph 39(1)(c)".

[products for regulation]

(10) Clause 39, page 44 (line 29), omit "Before", substitute "(1) Before".

[products for regulation]

(11)    Clause 39, page 45 (line 13), at the end of subparagraph (c)(ii), add "; and".

[products for regulation]

(12)    Clause 39, page 45 (after line 13), after paragraph (c), insert:

  (d)   if regulations made for the purposes of section 37 are not already in force in relation to the class of products:

     (i)   the class of products has been notified in accordance with subsection (2) no later than 12 months beforehand; or      (ii)   there are special circumstances justifying the making of the regulations without that notification.

[products for regulation]

(13)    Clause 39, page 45 (line 18), at the end of the clause, add:

(2)   For the purposes of subparagraph (1)(d)(i), a class of products must be notified by being included in a list or notice, published on the Department's website, of classes of products in relation to which the Minister is proposing to consider whether some form of accreditation or regulation under this Act might be appropriate.

(3)   If the Governor-General makes regulations to which subparagraph (1)(d)(ii) applies in relation to a class of products, the regulations must, when laid before both Houses of Parliament under section 38 of the Legislative Instruments Act 2003, be accompanied by a statement, prepared by the Minister, setting out the special circumstances mentioned in that subparagraph.

[products for regulation]

(14)    Heading to clause 108, page 92 (line 1), omit "on Department's website", substitute "about arrangements".

[products for regulation]

(15)    Page 92, (after line 27), after clause 108, insert:

108A Publishing material about products being considered for accreditation or regulation under this Act

(1)   The Minister must publish on the Department's website, before the end of each financial year that starts after the commencement of this Act:

  (a)   a list of classes of products in relation to which the Minister is proposing to consider, during the next financial year, whether some form of accreditation or regulation under this Act might be appropriate; and

  (b)   the reason (or reasons) why the Minister is proposing to give that consideration.

(2)   In preparing a list of classes of products as required by paragraph (1)(a), the Minister may have regard to any matter the Minister considers relevant, including:

  (a)   whether the product stewardship criteria are satisfied in relation to those classes of products; and

  (b)   whether one or more of the following apply in relation to the products in those classes:

     (i)   reusing, recycling, recovering, treating or disposing of the products involves a significant cost to the Commonwealth, or State, Territory or local governments;

     (ii)   the consumer is willing to pay for action that reduces the impact that the products have on the environment, or that substances contained in the products have on the environment, or on the health or safety of human beings;

     (iii)   taking action to reduce those impacts will offer business opportunities that would make a contribution to the economy.

(3)   The Minister must cause to be tabled in both Houses of Parliament a list of classes of products published under paragraph (1)(a), accompanied by the reason (or reasons) in relation to that list published under paragraph (1)(b), within 15 sitting days after the day of that publication.

[products for regulation/criteria]

In the interests of time, Mr Temporary Chairman, I will not address them.