Malarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Link to this | Hansard source

I present two government responses to committee reports as listed on today's Order of Business. In accordance with the usual practice, I seek leave to incorporate the documents in Hansard.

Leave granted.

The documents read as follows—

Government Response t o t he Finance And Public Administration Legislation Committee Report o n t he Net Zero Economy Authority Bill 2024 [Provisions] a nd t he Net Zero Economy Authority (Transitional Provisions) Bill 2024 [Provisions]

Introduction

On 27 March 2024. the Senate referred the provisions of the Net Zero Economy Authority Bill 2024 (the Bill) and the Net Zero Economy Authority (Transitional Provisions) Bill 2024 (the Bills) to the Senate Standing Committee on Finance and Public Administration (the Committee).

The Committee tabled a progress report on 10 May 2024. and its final report on 13 May 2024. in which it made five recommendations about the design and operation of the Bills.

The Government accepts all of the recommendations made by the Committee. and responded to them by progressing the Bills through the House of Representatives on 5 June 2024 (Recommendation l) with amendments that seek to give effect to the clarifications suggested by the Committee. Specifically. the Government moved amendments to address:

Fair Work Act

Privacy Act 1988.

The table below provides more detail on the amendments made to address the Committee's recommendations.

Government Response to Committee Recommendations

Government Response to Australian Greens· Additional Comments

Government Response t o t he Senate Legal a nd Constitutional Affairs Legislation Committee Report: National Emergency (2022 New South Wales Floods) Declaration 2022

Introduction

On 30 October 2020, the Royal Commission into National Natural Disaster Arrangements (the Royal Commission) released its Final Report. Recommendation 5.1 stated:

The Australian Government make provision, in legislation, for a declaration of a state of national emergency.

In response to this recommendation, the National Emergency Declaration Act 2020 (Cth) (the NED Act) and National Emergency Declaration (Consequential Amendments) Act 2020 (Cth) (together, the Acts) received Royal Assent on 15 December 2020.

The Governor-General made the first national emergency declaration on 11 March 2022 in response to widespread flooding across New South Wales. That declaration is the only national emergency declaration made to date. The Senate Legal and Constitutional Affairs Legislation Committee (the Committee) conducted a statutory review into the national emergency declaration in accordance with section 14A of the NED Act and tabled its report on 8 February 2023, making two recommendations. The Committee's report made reference to an earlier statutory review of the Acts tabled by the Committee on 30 June 2021, which the Government has responded to separately.

Australia's domestic emergency management and geopolitical landscape continues to change significantly. Australia will face more frequent, concurrent and severe weather events, in addition to pervasive challenges to our national interest, including from cyber-attacks and foreign interference.

Considering these changes to Australia's domestic emergency management landscape, the Department of Home Affairs (the Department) undertook a classified non-statutory review of the Commonwealth's emergency management powers (the Department's Non-Statutory Review). The Department's Non-Statutory Review considered whether current Australian Government emergency management legislation and powers, particularly those within the NED Act, are sufficient to support the states and territories, and enable the Australian Government to manage increasingly challenging crisis events. The Department's Non-Statutory Review took account of the Committee's 8 February 2023 Report, as well as the Committee's earlier statutory review of the Acts. The Australian Government is considering the findings of the Department's Non-Statutory Review.

In relation to the Committee's 8 February 2023 Report, the Australian Government agrees to the Report's first recommendation and notes the second recommendation. The Government will consider the Committee's substantive recommendation in the context of any future reforms to the NED Act.

The Australian Government thanks the Committee for considering the operationalisation of the NED Act.

Australian Government Response to the Committee's 8 February 2023 Recommendations

Recommendation 1

The Committee recommends that any changes to the National Emergency Declaration Act 2020 consider the findings of the two operational reviews conducted by the Senate to date.

Response: The Australian Government agrees to this recommendation.

The Australian Government will consider the findings of the Committee's Reviews in the context of any future reforms to the NED Act.

Recommendation 2

The Committee recommends that the Senate takes note of this report.

Response: The Australian Government notes this recommendation, as it is a matter for the Senate.