Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Link to this | Hansard source

I give notice that, on the next day of sitting, I shall move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:

Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Emergency Response Consolidation) Bill 2008

Interstate Road Transport Charge Amendment Bill 2008

Road Transport Charges (Australian Capital Territory) Repeal Bill 2008

Telecommunications Legislation Amendment (Communications Fund) Bill 2008

Tradex Scheme Amendment Bill 2008.

I table statements of reasons justifying the need for these bills to be considered during these sittings and seek leave to have the statements incorporated in Hansard.

Leave granted.

The statements read as follows—

FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (EMERGENCY RESPONSE CONSOLIDATION) BILL 2008

Purpose of the Bill

The bill makes necessary amendments to consolidate the special measures to benefit Aboriginal children in the Northern Territory, including:

• prohibit R 18+ television programs in prescribed areas
• permit certain prohibited material (that is, pornographic material such as videos and DVDs) to be transported through a prescribed area
• provide for certain roadhouses in remote areas to meet the licensing standards for community stores
• revoke changes to the permit system which will commence on 17 February 2008.

Reasons for Urgency

The amendments are required urgently so that comprehensive implementation of the special measures in the Northern Territory may continue.  Notably, the amendments relating to the permit system are required as soon as possible after 17 February 2008, when the framework for major changes to the permit system, as introduced by the previous government, commences.

While part of the previous government’s changes providing public access to communities can be limited by not making a Ministerial determination required to make most roads to communities permit free, the public will be able to access communities by air or sea from 17 February 2008.  Passage of the permit measures in this bill is required as soon as possible after 17 February 2008 to repeal the previous government’s changes, thereby removing the ability of the public to access communities by air or sea without a permit.

There has been little communication of the detail and nature of the previous government’s changes to Aboriginal people and the general community in the Northern Territory and there are reports of considerable confusion in this regard.  Any delay in implementing the repeal of the previous government’s changes will increase this confusion, especially as communities will be accessible without a permit by air or sea but not by road.

INTERSTATE ROAD TRANSPORT CHARGE AMENDMENT BILL 2008

ROAD TRANSPORT CHARGES (AUSTRALIAN CAPITAL TERRITORY) REPEAL BILL 2008

Purpose of the Bills

The Interstate Road Transport Charge Amendment Bill amends the Interstate Road Transport Charge Act 1985 to apply the 2007 Heavy Vehicle Charges Determination to vehicles and trailers registered under the Federal Interstate Registration Scheme (FIRS), from 1 July 2008.

In conjunction with the implementation of the charges the Road Transport Charges (Australian Capital Territory) Act 1993 (RTC Act) will need to be repealed by 1 July 2008.  Implementation of the new 2007 Heavy Vehicle Charges Determination for a number of jurisdictions is dependent on the RTC Act being repealed.  In relation to the Australian Capital Territory, this is because it is the host jurisdiction for the template legislation.  Several jurisdictions reference the Act for the purposes of national heavy vehicle registration charges or automatic annual adjustments to charges.

Reasons for Urgency

The new draft 2007 Heavy Vehicle Charges Determination is a high priority COAG road transport reform and is scheduled for implementation by all States and Territories and the Australian Government from 1 July 2008. 

It is essential that the Australian Government has the legislative authority to apply this determination to vehicles and trailers registered under the FIRS at the same time as all other jurisdictions.  This will achieve nationally consistent heavy vehicle registration charges.

While most States and Territories currently provide for heavy vehicle registration charges in their own legislation, others are linked to Australian Government legislation.  To enable jurisdictions such as the Australian Capital Territory to implement the new determination, the RTC Act must be repealed to enable their State legislation to prevail.  The new national heavy vehicle (registration) charges model legislation will effectively replace the repealed RTC Act. If approved, the model legislation will be scheduled in regulations, under the National Transport Commission Act 2003.  Under the terms of the Intergovernmental Agreement for Regulatory and Operational Reform in Road, Rail and Inter-modal Transport the Commonwealth has agreed to “repeal any road transport legislation that has been enacted by the Commonwealth for the ACT as soon as practicable”.

TELECOMMUNICATIONS LEGISLATION AMENDMENT (COMMUNICATIONS FUND) BILL 2008

Purpose of the Bill

The bill amends the Telecommunications (Consumer Protection and Service Standards) Act 1999 to provide access to money in the Communications Fund to fund the deployment of broadband telecommunications networks.

Reasons for Urgency

A key Government election commitment was to invest up to $4.7 billion (including $2 billion from the Communications Fund) to establish a fibre to the node National Broadband Network, in partnership with the private sector, rolled out over a five-year period.  The Government envisaged an expedited development and assessment process.

The Government has decided to amend the provisions of the Telecommunications (Consumer Protection and Service Standards) Act 1999 which establish the Communications Fund to enable money in the Communications Fund to be used to fund the National Broadband Network.  It is important that these funds are made accessible early in the competitive assessment process to facilitate the rollout of the National Broadband Network in 2008.

TRADEX SCHEME AMENDMENT BILL 2008

Purpose of the Bill

The bill:

• clarifies the eligibility requirements for Tradex by de-linking it from the Drawback Regulations;
• reaffirms the policy intent of the scheme;  and
• codifies some administrative details not provided for in the initial legislation.

Reasons for Urgency

Plans to streamline the Tradex Scheme, including through the de-linking of the scheme from duty Drawback regulations, have been in place since January 2006.  Those plans became more urgent on 19 October 2006, when amendments were made to the Customs Regulations to modify administrative aspects of duty Drawback.  Those modifications included changes to the eligibility criteria for duty drawback that raised doubts about the eligibility of many importers for the Tradex Scheme.  Since that time, the Department of Innovation, Industry, Science and Research, and many of its clients, have had to follow additional procedures required only because of the current legislative framework.

The introduction and passage of the bill in the 2008 Autumn sittings would ensure that unnecessary regulatory burden and uncertainty for industry would be removed without further delay.

Senator Bob Brown to move on the next day of sitting:

That the Senate urges the Government to initiate or support moves to have a fact-finding delegation from the United Nations, or its Human Rights Council, visit Tibet as a matter of urgency.