Jacinta Collins (Victoria, Australian Labor Party, Parliamentary Secretary for School Education and Workplace Relations) Share this | Link to 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 speeches read as follows—

The Defence Legislation Amendment Bill 2011 (the bill) amends the Defence Act 1903, the Naval Defence Act 1910 and the Air Force Act 1923 to provide the Chief of the Defence Force (CDF) with the authority to issue directions to the Service Chiefs in relation to the administration of their respective Cadet schemes.

The Australian Defence Force Cadets is a nationwide youth development scheme delivered in partnership by Defence and the community. The Australian Defence Force Cadets comprises the Australian Navy Cadets, Australian Army Cadets and Australian Air Force Cadets. There are approximately 22,000 Australian Defence Force Cadets and 2,500 Cadet Staff in some 500 Cadet units and headquarters across Australia.

Currently, the Chief of Army, Chief of Navy and the Chief of Air Force are responsible for the administration of their respective Cadet organisa­tions subject to the direction of the Minister.

This means that for Cadet-related policy to be enforceable, consistent and binding on each of the cadet organisations, the three Service Chiefs, the Secretary and the Chief of the Defence Force must agree and endorse the policy.

This can result in delays in development of policy and misinterpretation of policy leading to duplicated efforts and inhibiting the development of a concerted and consistent youth development scheme. Indeed, the current arrangements have resulted in disparate policies and procedures being applied by each cadet organisation. For example there are no common selection and training standards for Cadets staff, which inhibits the transfer of qualified cadet staff between the cadet organisations.

In 2008 the Government commissioned an independent review of the Cadet scheme, known as the Hickling Review, to consider how Cadets could be improved to ensure it reflected community expectations for a youth development program.

The bill implements part of the Government's response to the recommendations of the Hickling Review. In essence, the bill's measures will:

allow the Chief of the Defence Force, as well as the Minister, to issue directions to the Service Chiefs in relation to the administration of their respective Cadet schemes; and

allow the CDF to delegate his power to direct the Service Chiefs in relation to Cadet administration to the Vice Chief of the Defence Force, and;

for consistency align the three cadet provisions.

Cadets are not members of the Australian Defence Force and are not subject to the command and control regime of the ADF under the Defence Act 1903.

This bill will ensure that coherent tri-Service policy can be consistently developed and implemented by each Cadet organisation, and will assist with consolidating and reducing duplicated efforts across the Cadets programs.

Allowing the CDF, in addition to the Minister, to issue directions in relation to the administration of the Cadet scheme will strengthen the accountability of the management of the Cadets, and will facilitate the establishment of a common and concerted youth engagement and develop­ment strategy within Defence.

I commend the bill to the House.

Although it is one of the harshest environments on the planet, Antarctica is also one of the most vulnerable.

Australia continues to take a leading role to secure protection of this fragile environment including through participation in Antarctic Treaty Consultative Meetings, which are the annual meetings of countries which have an interest in Antarctica.

The 2005 Antarctic Treaty Consultative Meeting requested the International Maritime Organization (IMO) to examine ways to restrict the use of heavy grade oils in Antarctic waters.

Consequently, the IMO's Marine Environment Protection Committee adopted, on 26 March 2010, amendments to Annex I of the International Convention for the Prevention of Pollution from Ships (MARPOL) to ban the use or carriage of heavy grade oils in the Antarctic Area except where it is necessary to secure the safety of a ship or in a search and rescue operation.

The amendments to Annex I of MARPOL entered into force internationally on 1 August 2011.

The purpose of the Protection of the Sea (Prevention of Pollution from Ships) Amendment (Oils in the Antarctic Area) Bill 2011 is to amend the Protection of the Sea (Prevention of Pollution from Ships) Act 1983 to implement these amendments.

This bill will apply the ban on the carriage or use of heavy grade oils to all ships in the Australian Antarctic Territory and to Australian ships elsewhere in the Antarctic Area.

The possibility of an oil spill in the Antarctic Area is relatively high.

Ships navigating in these waters face a number of risks including icebergs, sea ice and uncharted waters.

The rationale for banning the use and carriage of heavy grade oils in the Antarctic Area is that they are more environmentally hazardous than other marine oils because they are slow to break down in the marine environment, particularly in cold polar waters.

It is likely that a spill of heavy grade oils in Antarctic waters would persist for many years and could have a major impact on any wildlife populations in the vicinity, particularly on penguins and other seabirds.

The bill imposes a maximum penalty of $220,000 on both the master and owner of a ship in the event of a breach of this ban.

As a government, we are committed to preventing and reducing marine pollution where possible.

This bill will help to ensure that the Antarctic Area remains free of significant pollution damage.

Ordered that further consideration of the second reading of these bills be adjourned to the first sitting day of the next period of sittings, in accordance with standing order 111.

Ordered that the bills be listed on the NoticePaper as separate orders of the day.