Second Reading Speech
Mr STAPLES (Minister for Consumer Affairs) - On behalf of the Attorney-General (Mr Lionel Bowen)On behalf of the Attorney-General (Mr Lionel Bowen), who is not available at this stage, I move:
That the Bill be now read a second time.
This Bill continues the practice of introducing an omnibus Bill into each sittings of the Parliament as an expeditious way of making a large number of non-contentious amendments to legislation. Some of the amendments made by this Bill tidy up, correct and update existing legislation. Other amendments are of minor policy significance or are matters of routine administration. None of the amendments made by the Bill has any significant financial impact.
The amendments proposed in this Bill are, for the most part, a reproduction of the Statute Law (Miscellaneous Provisions) Bill (No. 1) 1987 which lapsed after the second reading debate in the House earlier this year. The current Bill is different from Statute Law (Miscellaneous Provisions) (No. 1) in two respects. Firstly, it contains some further changes to amendments previously included in the Bill. Some of these are necessary because of the effluxion of time, for example, the amendments to the Honey Industry Act 1962, and some are minor drafting amendments. Secondly, this Bill includes amendments to the following Acts which were not present in the earlier Bill: Aboriginal Land Rights (Northern Territory) Act 1976; Acts Interpretation Act 1901; Canned Fruits Marketing Act 1979; Commonwealth Electoral Act 1918; Conciliation and Arbitration Act 1904; Currency Act 1965; Customs Tariff (Miscellaneous Amendments) Act 1987; Extradition (Commonwealth Countries) Act 1966; Foreign States Immunities Act 1985; Minerals (Submerged Lands) Act 1981; Mutual Assistance in Criminal Matters (Consequential Amendments) Act 1987. Many of the proposed amendments will be self-evident or sufficiently explained by the explanatory memorandum circulated with the Bill. I propose to confine my comments to addressing mainly the new amendments included in this Bill, and amendments in the lapsed Bill that were queried.
The Bill was passed by the Senate with amendments, on 7 October 1987. The Senate amended the Bill by omitting certain proposed amendments to the Acts Interpretation Act and the Audit Act. The omissions are reflected in the supplementary explanatory memorandum No. 1 circulated with the Bill. Four of the omitted provisions are substantive, and there are two consequential amendments. Three of the substantive amendments were referred to Senate standing committees for inquiry and report. This course of action was adopted to permit the Bill's speedy passage through the Senate. These amendments have been considered by the Senate committees which have approved the amendments subject to a minor drafting change in the amendment to the Acts Interpretation Act. I foreshadow that I will be moving that this Bill be amended to restore these three amendments with that minor change and the consequential amendments.
Acts Interpretation Act 1901
The amendments to the Acts Interpretation Act are intended to advance the policy of simplifying the language of Acts of parliament. For this purpose the amendments will permit some standard forms of words to be shortened, or omitted from Acts. I will be moving an amendment to the Bill, similar to that omitted from the Bill as introduced in the Senate to further amend the Acts Interpretation Act to make it clear that regulations may be expressed to commence at the commencement of a specified Act, even if the Act is to commence on a proclaimed date. It is also intended to provide that regulations may be expressed to commence at a specified time on a specified day.
Anglo-Australian Telescope Agreement Act 1970
The Anglo-Australian Telescope Agreement Act currently restricts the functions of the Anglo-Australian Telescope Board to those specified in the agreement annexed to the Act. The United Kingdom and Australian governments have agreed that it is desirable for the board to assume from the United Kingdom authorities responsibility for the future management of some additional facilities already in place at Siding Spring. The amendments will enable the board to undertake other functions as prescribed by regulations and so assume those responsibilities without the need for amendment of the agreement.
Audit Act 1901
The amendments proposed to the Audit Act in this Bill are aimed at improving the efficiency of the Commonwealth's financial administration and allowing the Auditor-General a discretion in reporting minor breaches of legislative requirements. Financial administration will be improved by an amendment to enable the Minister for Finance to approve methods of performing accounting functions which do not involve written signatures. The amendments will ensure that Departments report to Parliament on their special operations-a requirement which has not existed previously. The Auditor-General will also be given some discretion on which matters are included in his reports. The Auditor-General, when so requested by a Minister, will be able to audit the financial statements of bodies such as incorporated companies controlled by the Commonwealth. Currently there is doubt whether the Act permits such an audit, as the existing provision refers to the audit of accounts and records only.
Other amendments will enable regulations to be made to re-establish a policy adopted by previous governments and arising directly from the policy of self-insurance, that the liability of Commonwealth drivers for the cost of replacing or repairing damaged vehicles should be the same as for a driver in the private sector who is covered by motor vehicle insurance. The Senate omitted some proposed amendments from the Bill as introduced in that House. I will be moving amendments to this Bill to amend further the Audit Act to simplify the processes by which funds that have already been appropriated by law are subsequently distributed to departments.
Canned Fruits Marketing Act 1979
Amendment to the Canned Fruits Marketing Act 1979 is proposed in order to extend the current marketing arrangements for canned deciduous fruits undertaken through the Australian Canned Fruits Corporation for one year until 31 December 1988. The Government is aware of current efforts by canneries to amalgamate their activities in order to improve efficiency and reduce costs. The extension of the marketing arrangements by one year will facilitate industry discussions on cannery amalgamation.
Commonwealth Electoral Act 1918
The proposed amendment to the Commonwealth Electoral Act 1918 is designed to put beyond doubt the power of the Electoral Commissioner to direct Australian electoral officers, divisional returning officers and other officers as defined in that Act. The amendment also puts beyond doubt the power of Australian electoral officers to direct divisional returning officers and they in their turn to direct officers under their control.
Conciliation and Arbitration Act 1904
The amendment of the Conciliation and Arbitration Act 1904 is intended to remove doubts about the certification of rule alterations. The Act requires that certain rule alterations made by organisations registered under the Act do not take effect unless certified by an industrial registrar as not contrary to law, the Act and regulations, an award or the rules of the organisation. Some doubt exists about the power of a registrar to certify only part of a rule alteration submitted to him.
The proposed amendment is intended to remove any doubt as to the validity of any certification in part, made by a registrar in the past and any doubt as to the validity of the rule alteration. The provision will not operate to alter any prior decision made by a court regarding any such certification or to pre-empt any decision in a proceeding before a court at the time the sub-section takes effect. A court will, however, be able to hold that a certification in part was valid if the court considers that it is just and equitable so to find.
Currency Act 1965
The proposed amendment of the Currency Act 1965 will permit the issue of coins of the same denomination with differing characteristics and dimensions. This will facilitate the issue of special commemorative coins in 1988.
Dairy Produce Act 1986
The amendments to the Dairy Produce Act 1986 will prevent persons who are members of the Executive Council of the Australian Dairy Conference, which is the peak policy council of the dairy industry, from being appointed as members of the Australian Dairy Corporation. This change is in accordance with the Government's policy that, where a statutory marketing authority is required to account to the peak industry body, the members of the executive council of that body are not to be eligible for appointment as members of the authority, because of the possibility of a conflict of interests.
Honey Industry Act 1962
The proposed amendments to the Honey Industry Act 1962 will enable the Minister to reappoint the immediate past members of the Australian Honey Board to hold office until the end of 1988. The Board is to be restructured with the new membership.
Under the Bill which lapsed at the end of the last sittings, the tenure of Board members was to be extended pending the restructuring of the Board. However, in the intervening period the Board members' appointments have expired.
Housing Loans Insurance Act 1965
The Bill proposes a number of minor amendments to the Housing Loans Insurance Act 1965. The most important of these fall into two areas. The first will allow greater flexibility in the appointment of a person to act as Chairman and Managing Director of the Corporation. Under the proposed amendments, the Treasurer will be able to appoint someone to act as chairman in the absence of the Chairman. This will overcome difficulties that have arisen when the Deputy Chairman's position has been vacant.
The second area of amendment will allow the Corporation to enter into reinsurance contracts with a subsidiary of an approved lender in respect of loans made by the approved lender and insured by the subsidiary. A recent trend for some lenders to insure their loans through their own newly established subsidiaries, and the fact that the Corporation is currently prevented by its Act from offering reinsurance, have restricted the Corporation's ability to compete for business it has traditionally serviced. The proposed amendments will enable the Corporation to respond to developments in the mortgage insurance market.
Human Rights and Equal Opportunity Commission Act 1986, Inspector-General of Intelligence and Security Act 1986, Intelligence and Security (Consequential Amendments) Act 1986
Several consequential amendments are to be made to these Acts following on the Human Rights and Equal Opportunity Commission Act 1986. The amendments also will make it clear that the Inspector-General may inquire into an act or practice of an intelligence agency that is or may be contrary to any human right, may constitute discrimination or may be unlawful under the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984 where it has been referred to the Inspector-General by the Human Rights and Equal Opportunity Commission.
Minerals (Submerged Lands) Act 1981
The Minerals (Submerged Lands) Act provides a regime to allow exploration for, and exploitation of minerals from the seabed. Administration, pursuant to the Offshore Constitutional Settlement, is to be shared between the States and the Northern Territory and the Commonwealth. Although passed in 1981 proclamation of the Act has been held up pending passage by the States and the Northern Territory of complementary legislation. The proposed amendment is to allow proclamation of only portions of the Act.
Governments are working on the full set of legislation and administrative arrangements required to implement the regime. Meanwhile, however, while the States and the Northern Territory can consider applications to explore areas to the outer limit of the territorial sea-the 'three mile limit'-in accordance with their existing on-shore mining legislation, the Commonwealth is unable to consider applications for the much larger area of continental shelf outside the limit. There have been several expressions of interest by companies in respect of exploration in the Commonwealth's area. The Government is disposed to encourage commencement of mineral exploration activity, though mining would not be authorised until all arrangements are in place. It is proposed to proclaim only so much of the Act as is necessary to allow exploration to proceed.
Given the role of the States and the Northern Territory in the administration of the Act, their views on partial proclamation have been sought. None of them has raised objections in principle. Discussions between officials are taking place.
Navigation Act 1912, Shipping Registration Act 1981
The most noteworthy amendments of the Navigation Act will benefit the maritime industry by eliminating unnecessary duplication of certificating of ships. The amendments of the Shipping Registration Act are intended to promote the prompt provision to the Registrar of Shipping of accurate information on ships entitled to be registered in Australia.
Pig Industry Act 1986
The amendment to the Pig Industry Act provides that if the Australian Pork Corporation requests that a company auditor be appointed the auditor of the Corporation, the Auditor-General shall advise the Minister on the suitability of the proposed company auditor. At present the Auditor-General is required to decide on the suitability of a company auditor. Another amendment removes the restriction on the Australian Pork Corporation Selection Committee which prevents it from nominating for appointment to the Corporation anyone who is a member of the executive of an eligible industry body, that is, the Australian Pork Producers' Federation or the National Meat Processors Association. A person will still be ineligible for actual appointment to the Corporation if he or she is such a member. Removal of this restriction will mean that such a person will need to resign his or her position in the Federation or Association only if and when offered appointment to the Corporation by the Minister. This amendment will bring the selection procedures for the Corporation into line with those for other statutory marketing authorities.
Wine Grapes Levy Collection Act 1979
The proposed amendments to the Wine Grapes Levy Collection Act update the penalties and revise some of the offences. The amendments as they now appear differ from the original version of the Bill introduced earlier this year to rectify a defect in a provision removing the right to refuse to provide information on the grounds of self-incrimination. This matter was raised by the Senate Standing Committee on the Scrutiny of Bills.
I have not dealt with most of the amendments proposed by this Bill which were contained in the lapsed Bill. The explanatory memorandum has been revised and expanded in relation to all these amendments and honourable members will be able to find details of these amendments, and the new amendments, in that memorandum. Supplementary explanatory memorandum No. 1 provides replacement pages for the explanatory memorandum to take account of the amendments made to the Bill by the Senate. I have foreshadowed some amendments to restore some of the provisions omitted by the Senate. I also foreshadow amendments to the National Measurement Act 1960 relating to contracts for the sale of land. Details of all the proposed amendments are contained in supplementary explanatory memorandum No. 2. I will deal with the background to the foreshadowed amendments when moving those amendments in Committee. I present the explanatory memorandum and supplementary memorandum No. 1 to this Bill. I commend the Bill to the House.
Leave granted for debate to continue forthwith.