Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Hansard source

I move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speech es read as follows—

BIOSECURITY AMENDMENT (ADVANCED COMPLIANCE MEASURES) BILL 2023

Australia's biosecurity system is put to the test every single day.

Through the arrival of travellers and aircraft into Australia, the arrival of cargo and vessels, international mail and parcels, and the unregulated movement of wild animals, the wind and the waves.

Strong biosecurity is essential to protecting over $90 billion worth of agricultural production and more than $5.7 trillion worth of unique, environmental assets.

Strong biosecurity protects our people, our environment, our economy and our lifestyle from the biosecurity threats of today and tomorrow.

Unfortunately, there are still those whose actions put all of this at risk, either accidentally or deliberately.

Earlier this year Operation Avoca identified one of Australia's largest, single detections of biosecurity risk material.

38 tonnes of risk material was detected by our dedicated, biosecurity officers. That's seven shipping containers worth of unauthorised meat products, turtles, pigs' heads and smallgoods trying to enter the country.

Material that could have been harbouring foot and mouth disease, African swine fever, white spot syndrome virus or Xylella (zy-lell-a)—any of which could devastate our agriculture, fisheries and forestry industries.

As the number of international travellers and the amount of cargo continue to increase, so do the regional and global threats, including FMD and hitchhiker pests like khapra beetle.

During the COVID-19 pandemic, non-compliance with Australia's biosecurity laws could have risked the introduction of new COVID-19 variants into our country.

This could have had devastating impacts or our public health and our vulnerable population.

It is high time to re-evaluate the current penalty regime in the Biosecurity Act in the face of such threats and consequences.

Our biosecurity system is strong, but to keep Australia safe, the laws that underpin the system need to remain fit for purpose.

This Bill strengthens the Biosecurity Act to enable targeted intervention, better risk management and more proportionate responses.

This Bill enables a more intelligence and evidence-based approach to biosecurity risks involving international travellers at our border.

In order to properly respond to risks, people must be open and truthful. We must make sure that penalties available under the Biosecurity Act are an effective deterrent to those who would knowingly providing false or misleading information.

With stronger penalties, in some cases up to $275,000, we better reflect the seriousness of breaches of the Act and provide a more effective deterrent to non-compliance with biosecurity laws.

For lower-level contraventions of the Act, the infringement notice scheme provides an effective method for managing non-compliance.

Last December, we passed legislation to create a new class of infringement for deliberate concealment of non-declared goods.

This infringement of 20 penalty units, or $5,500, is the highest ever and I congratulate biosecurity officers who have already started exercising it.

Whilst this was a big step, the current infringement notice scheme does not cover some provisions that are critical for the management of biosecurity risk.

These new infringement notice provisions in the Bill address the current gap in the ability of biosecurity officers to penalise individuals and businesses whose behaviour is less serious but may still have significant consequences for our biosecurity.

Big or small, all threats can expose Australia to significant biosecurity risk.

These changes in the Bill complement measures in the Albanese Government's 2023-24 Budget to sustainably fund our biosecurity system for the first time.

For years we have seen independent reviews and industry groups call for permanent, dedicated biosecurity funding and greater accountability for how that funding is spent.

Biosecurity is a shared responsibility and so is paying for it.

The sustainable funding model recovers more than ever before from biosecurity risk creators, whether that be importers, international parcels and mail or travellers.

The model rebuilds cost recovery to protect taxpayers, increase the contribution from importers and ensure that biosecurity services to industry are efficient and effective.

Our sustainable funding model locks in higher and permanent biosecurity funding, along with a fair system to pay for it.

Australia's biosecurity system is recognised as among the best in the world.

This Bill and our new sustainable funding model will ensure that we maintain our reputation as a supplier of safe, high-quality produce, while protecting our farmers, our economy and our environment from biosecurity risks into the future.

INTELLECTUAL PROPERTY LAWS AMENDMENT (REGULATOR PERFORMANCE) BILL 2023

The Intellectual Property (IP) system enables Australian businesses to protect and grow trusted brands, supporting economic growth and prosperity. A well-functioning IP system fosters innovation and encourages the development of new ideas.

This Bill makes important improvements to the Australian IP system to help ensure it remains modern and fit for purpose.

A key measure in the Bill improves the protection of Olympic Games insignia.

The Bill will also modernise, streamline and simplify other aspects of the Australian IP system and provide more certainty to Australian businesses as they protect their great ideas.

The government has consulted on the amendments contained in this Bill with key stakeholders, including the Australian and International Olympic Committees, who support these changes.

The Olympic Insignia Protection Act 1987 was designed to prevent unauthorised actors profiting from the Olympic movement. Under the Olympic Charter, the Australian Olympic Committee is required to take necessary steps to prohibit illegitimate use of Olympic insignia. However, ambush marketing and other unauthorised use of these insignia detract from the branding and reputation of the games. Protecting the Olympic insignia and restricting its use to the Australian and International Olympic Committees helps protect the Olympic movement and ensure the games generate revenue through sponsorships and licencing arrangements.

The Bill amends the Olympic Insignia Protection Act 1987 to make clear that only the Australian and International Olympic Committees can register Olympic insignia as trade marks in Australia. The changes align the wording of the Olympic Insignia Protection Act with the Trade Marks Act 1995, so they work together to prevent the unauthorised registration of trade mark applications containing Olympic insignia. The amendments will also provide greater legal certainty for IP Australia to reject speculative trade mark applications from applicants other than the Australian or International Olympic Committees. Such applications can be made in an attempt to profit from activities associated with the Brisbane Olympic Games. Trade mark applications made in bad faith are often filed years in advance of an Olympic event, so it is important to act now. These amendments will ensure that the Olympics Insignia Protection Act's objectives are met.

It is important to note that this only makes changes to who can protect Olympic insignia, making it clear that is limited to the AOC or IOC. It does not change the rules for how these insignia are used, which is to prevent unfair competition in commercial settings.

In addition, the Bill amends the Trade Marks Act 1995, saving businesses time and hassle by simplifying processes, increasing procedural fairness, closing gaps and ensuring that government can engage with customers in a modern and flexible way. The Bill will also make changes to streamline the way users interact with parts of the trade marks system.

The Bill will also streamline the administration of trade mark renewals by aligning the relevant grace period payments to a consistent 6-month duration. Currently, in exceptional circumstances where a trade mark application is still pending after 10 years, the available grace period for paying a renewal fee is up to 10 months after the renewal is due. The amendment changes the grace period for this situation to 6 months, aligning with the grace period for renewal fee payments under normal circumstances. This amendment will provide consistency across all trade mark renewal due dates. This will also ensure that trade mark registrations that are no longer active can be removed in a timely way. This will improve certainty and simplify processes for trade mark owners.

The Bill will also clarify requirements to revoke a trade mark registration to ensure procedural fairness for all trade mark owners. The amendments simplify and clarifies provisions dealing with revocation of the registration of a trade mark, where a component of a notice of opposition to registration of that trade mark has been overlooked.

After a trade mark is accepted by IP Australia, it can be opposed—for example, by a competitor. This opposition process consists of multiple steps. If one of these steps is overlooked, or if the opponent needs an extension of time to complete one of these steps, the trade mark application might proceed to registration in error.

This amendment ensures that a trade mark registered in error in these circumstances can be revoked and the opposition will resume. This will allow a fair process for both sides. The provisions for revoking registration in those circumstances will by aligned with other current oppositions processes before IP Australia.

The Bill will implement safeguards to protect a trade mark owner who needs an extension of time to provide evidence to help them defend against removal of their trade mark for non-use. Under the Trade Marks Act, third parties can apply for trade mark registrations to be removed if they have not been used. Trade marks can be defended against these non-use removals, usually by their owners.

If a due date is missed in one of these non-use proceedings, the trade mark may be removed from the Register of Trade Marks. Under the current Act, that removal is irrevocable in some circumstances. So even if an owner is entitled to an extension of time, they cannot defend their registration.

This amendment clarifies provisions to enable restoration of a trade mark registration where an owner missed the deadline to respond to a type of opposition, but is later granted an extension of time to respond. The amendment means an owner can continue to defend their registration if they miss a due date but are eligible for an extension of time. This will give trade mark owners a fair opportunity to present their case.

The Bill will modernise the way crucial information about the status of trade marks is communicated publicly. Currently, the government is required to use an Official Journal to communicate trade marks information. However, the world has changed, and IP Australia now publishes this same information on its website and through an online search portal which is easier to access and keep up to date. These amendments will remove the old-fashioned restrictions requiring the printed journal to be maintained and allow the government to communicate such information through up-to-date, user-friendly technology. Benefiting business by providing a single, current source of official trade mark information through a modern online search portal. Moving to format-neutral provisions will reduce duplication and future-proof the administration of the IP system and enable us to deliver trade mark information in an accessible way for users, when and how they want it.

Finally, the Bill makes one minor amendment to the Patents Act 1990 to repeal transitional provisions. These provisions apply to patents granted under the previous Patents Act 1952. The last patent protected under the 1952 Act expired in February 2016, and the six-year statutory limitations period on actions for infringement under that Act expired in February 2022. Therefore, these provisions will cease to serve any purpose and will be redundant. This is good regulatory practice and helps to streamline the patents system.

I am pleased to introduce this Bill, which will provide legal certainty ahead of the 2032 Olympics, as well as ensure our IP system is fit for purpose in supporting Australian business to innovate and grow.

TREASURY LAWS AMENDMENT (2023 LAW IMPROVEMENT PACKAGE NO. 1) BILL 2023

This Bill contains measures designed to maintain and improve Treasury portfolio legislation to ensure it remains current and fit-for-purpose.

Schedules 1, 2 and 3 to the Bill make amendments to implement recommendations made by the Australian Law Reform Commission (ALRC) in Interim Reports A and B of its Review of the Legislative Frameworks for Corporations and Financial Services Regulation.

The ALRC recommended a number of technical amendments and corrections to simplify the law and improve its navigability. It suggested that these be implemented in advance of the release of its final report in November 2023.

The amendments:

• unfreeze the Acts Interpretation Act 1901 so the current version applies to the Corporations Act 2001 (Corporations Act) and the Australian Securities and Investment Commission Act 2001;

• create a single glossary of defined terms in the Corporations Act;

• repeal redundant provisions, correct errors; and

• improve clarity.

Schedule 4 to the Bill makes amendments to the Insurance Acquisitions and Takeovers Act 1991, Life Insurance Act 1995 and Insurance Act 1973. Those Acts are the enabling Acts of certain legislative instruments regulating the insurance industry that are due to sunset on 1 October 2023.

The purpose of the Acts is to protect policyholders by regulating the types of persons that may carry on insurance businesses and prescribe standards to ensure the prudent management of the insurance industry.

The amendments will help to ensure that the sunsetting insurance instruments that are being re-made will be up to date and fit for purpose.

The amendments in Schedule 4 to the Bill:

• update certain provisions to reflect modern communication practices;

• allow regulators to administratively prescribe the manner and form of certain notices to increase flexibility and align with modern drafting practices; and

• move some provisions in the insurance instruments into primary legislation.

Schedule 5 to the Bill transfers longstanding and accepted matters currently contained in three Australian Securities and Investments Commission (ASIC)-made legislative instruments to the Corporations Actand the National Consumer Credit Protection Act 2009.

For a long time, ASIC has relied on its exemption and modification powers under the enabling Acts to update the law for changing circumstances. Such instruments make notional amendments to the primary law, which may make it difficult for regulated entities to understand the full state of the law as it applies to them.

The amendments will move the operation of the legislative instruments into the primary law to improve the clarity of the law, provide certainty, and make it simpler for regulated entities and consumers to understand their rights and obligations.

Schedule 6 to the Bill amends various laws in the Treasury portfolio to ensure those laws operate in accordance with policy intent, make minor changes to improve administrative outcomes and remedy unintended consequences, as well as correcting technical and drafting defects.

The Legislative and Governance Forum on Corporations was consulted in relation to the Bill as required under the Corporations Agreement 2002.

Full details of the measure are contained in the Explanatory Memorandum.

TREASURY LAWS AMENDMENT (2023 MEASURES NO. 3) BILL 2023

This Bill will improve integrity in consumer markets for credit products, remove barriers for financial advisers, and support competition in the provision of clearing and settlement services for cash equities.

Schedule 1 to the Bill introduces new rules that prohibit schemes designed to avoid the application of a product intervention order made under Part 7.9A of the Corporations Act 2001, in relation to a credit facility.

Safe, well-regulated consumer markets for credit products are a core element of a strong and inclusive economy.

That is why the Australian Government introduced reforms to the regulation of payday lending and consumer leases through the Financial Sector Reform Act 2022.

These changes, which were long overdue, gave effect to the government's response to the recommendations of the 2016 Review of Small Amount Credit Contract Laws, which included a recommendation to introduce laws to prohibit avoidance behaviour.

The Financial Sector Reform Act 2022 introduced anti-avoidance provisions with respect to Australian Securities and Investments Commission (ASIC) product intervention orders made under the National Consumer Credit Protection Act 2009, and this Bill extends these provisions to product intervention orders made under the Corporations Act 2001.

ASIC has made several product intervention orders under the Corporations Act 2001 targeting predatory lending products causing significant consumer harm.

Product intervention orders allow ASIC to temporarily intervene in a range of ways up to, when necessary, banning financial products and credit products when there is a risk of significant consumer detriment.

By bringing the anti-avoidance provisions in the Corporations Act into line with those in the National Consumer Credit Protection Act, this amendment will ensure that predatory lenders cannot respond to a product intervention order by engaging in avoidance activity that is not covered by the order but results in similar detriment to consumers.

Schedule 2 to the Bill delivers the Government's election commitment to remove the education requirements for experienced financial advisers who have 10 years' experience and a clean record, who have passed the financial advisers exam.

Schedule 2 also addresses technical limitations in the education requirements for new entrants into the financial advice profession and financial advisers who are registered tax agents.

Together, these amendments address practical implementation issues faced by financial advisers.

By better recognising the experience of long-serving financial advisers, the Government is providing a pathway for experienced advisers to remain in the industry. This means new entrants have the benefit of their experience through mentoring and supervision. It also means more Australians have access to financial advice.

The Government is committed to an advice industry with strong professional standards that gives Australians access to high quality financial advice and to do this by not creating unnecessary barriers to entry, ensuring financial advice remains a career of choice.

Schedule 3 to the Bill implements amendments to the Australian Securities and Investments Commission Act 2001, the Corporations Act 2001, and the Competition and Consumer Act 2010 to facilitate competition in the provision of clearing and settlement services for cash equities traded in Australia, and to ensure that, should competition emerge for these services, it is safe and effective.

These amendments implement recommendations of the Council of Financial Regulators, which considered issues relating to competition in the clearing and settlement of cash equities in 2012, 2015, and 2017.

To do so, Schedule 3 introduces a rule-making power for ASIC and an arbitration power for the Australian Competition and Consumer Commission. The rule-making power will allow ASIC to make rules applicable to clearing and settlement facility licensees, their associated entities, and other persons specified by regulations, about their activities, conduct, or governance in relation to clearing and settlement services covered by a Ministerial Determination.

ASIC will be empowered to make rules to implement the Council of Financial Regulator's policy statements in both a monopoly or a competitive environment. This flexibility will allow ASIC to adjust regulatory settings where a committed competitor for the provision of clearing and settlement services emerges to ensure that competition is safe and effective.

In the interim, ASIC will be able to make rules enforcing the Council of Financial Regulator's regulatory expectations for the monopoly provision of clearing and settlement services.

The arbitration power will allow the ACCC to arbitrate disputes about the terms and conditions of access to clearing and settlement services subject to a Ministerial Declaration.

The Government expects this Declaration will only cover certain clearing and settlement services provided under monopoly conditions, or where a provider exerts significant market power. Once competition is effective for those clearing and settlement services, the Government expects that the Ministerial Declaration would be repealed in respect of those competitive services.

Until then, this arbitration regime will provide an important backstop for entities seeking access to clearing and settlement facility infrastructure where good-faith negotiations have broken down.

Schedule 4 to the Bill makes a number of technical changes to the Taxation Administration Act 1953 and Income Tax Assessment Act 1997 to improve the operation of the First Home Super Saver Scheme so that it works better for first home buyers.

Currently, the legislation underpinning the First Home Super Saver Scheme is inflexible and can result in a poor user experience with the scheme, including users having their savings for their first home locked away until retirement.

The changes will better enable mistakes made during the First Home Super Saver Scheme release process to be fixed without adverse financial outcomes for users of the scheme.

To do so, Schedule 4 will increase the discretion of the Commissioner of Taxation to amend and revoke applications to have funds released under the First Home Super Saver Scheme, and will allow individuals to do the same, without those individuals being prevented from re-applying in the future.

Importantly, these changes will apply to eligible applications made from 1 July 2018. This helps ensure users of the scheme who have not been paid any of their FHSSS savings due to an error in the application process can access the money they saved to purchase their first home.

Schedule 4 also includes special transitional provisions which extend the flexibility provided by the amendments to eligible users who previously unsuccessfully applied to have savings released under the scheme and have since started holding a relevant interest in real property or land.

The Legislative and Governance Forum for Corporations was notified in relation to the amendments made in Schedules 1 and 2 to this Bill as required under the Corporations Agreement 2002.

Full details of the measure are contained in the Explanatory Memorandum.

I move:

That debate be now adjourned the bills be listed as separate orders of the day.

Leave granted; debate adjourned.