Legislation Proposed for Introduction in the 2018 Spring Sittings

GovernmentParliamentary Information
Thursday, 09 August 2018
Publication author(s):
Department of the Prime Minister and Cabinet

Bills marked * are proposed for introduction and passage in the Spring sittings.

AGRICULTURE AND WATER RESOURCES

Agricultural and Veterinary Chemicals Legislation Amendment (Streamlining Regulation) Bill

  • streamline the regulation of agricultural chemicals and veterinary medicines to improve access to safe and effective chemicals and reduce compliance costs for industry while continuing to manage risks to humans, animals, plants and the environment

Reason for legislation: to implement an election and Agricultural Competitiveness White Paper commitments

Link to announcement: Streamlining the regulation of agricultural chemicals and veterinary medicines

Fisheries Management Amendment (Penalty and Offence Provisions and Other Measures) Bill

  • amend the Fisheries Management Act 1991 to modernise the offence and penalty provisions by introducing a civil penalties regime and some new offences to improve existing legislation
  • make administrative amendments to: improve the legislation; cease a redundant advisory council; and cease a statutory review panel and transfer its function to the Administrative Appeals Tribunal

Reason for legislation: to update and improve the operation of existing legislation

ATTORNEY-GENERAL’S

Federal Circuit and Family Court of Australia Bill *

  • establish a new Federal Circuit and Family Court of Australia to replace the Family Court of Australia and the Federal Circuit Court of Australia
  • create a new Family Law Appeal Division in the Federal Court of Australia

Reason for legislation: to make structural changes to the federal courts (excluding the High Court of Australia) and to increase efficiencies, reduce delays, and lead to better outcomes for Australian families in the family law jurisdiction of the federal court system

Link to announcement: Media release of 30 May 2018

 

Justice Legislation Omnibus Bill

  • make a number of minor and technical amendments to improve the operation and clarity of civil justice legislation administered by the Attorney-General

Reason for legislation: to update, and improve the operation of, existing legislation

 

Marriage Definition (Consequential Amendments) Bill

  • make minor consequential amendments to Commonwealth legislation necessary to reflect the definition of marriage as amended by the Marriage Amendment (Definition and Religious Freedoms) Act 2017

Reason for legislation: to update existing legislation

 

Native Title Amendment Bill

  • implement the Government’s response to recommendations for reform of the native title system sourced from the COAG Investigation into Indigenous Land Use and Administration, the ALRC’s ‘Connection to Country: Review of the Native Title Act 1993’ Report, and related Government investigations

Reason for legislation: to improve native title claims resolution, agreement‑making and dispute resolution processes, and to support the governance and transparency of Prescribed Bodies Corporate post-determination

Link to announcement: Media release of 29 November 2017

COMMUNICATION AND THE ARTS

Radiocommunications Bill *
Radiocommunications (Licence Tax) Bill *
Radiocommunications (Transitional Provisions and Consequential Amendments) Bill *

  • replace the Radiocommunications Act 1992 and accompanying tax and transitional legislation to implement the Government’s decisions for reform of the management of the radiofrequency spectrum by establishing a single licensing system; integrating broadcasting spectrum management into the general framework; demarcating the roles and responsibilities of the Minister and the Australian Communications and Media Authority (ACMA); providing for timely allocation processes and giving the ACMA graduated and proportionate enforcement mechanisms to deal with breaches of the legislative framework

Reason for legislation: to improve a regulatory framework by replacing existing legislation

Link to announcement: Media release of 18 May 2017

 

Broadcasting Services Amendment (Captioning) Bill

  • implement reforms to the subscription television captioning scheme arising from recent captioning consultations

Reason for legislation: to update and improve the operation of existing legislation

 

Broadcasting Services Amendment (Regional Commercial Radio and Other Measures) Bill

  • increase flexibility and reduce regulatory burden in relation to local content obligations for regional commercial radio broadcasters
  • remove content classification licence conditions for subscription television broadcasters and narrowcasters

Reason for legislation: to implement measures consistent with the Government’s commitment to deregulation

 

Protection of Movable Cultural Heritage Amendment Bill

  • modernise and improve the Protection of Movable Cultural Heritage Act 1986 to enable significant Australian and foreign cultural material to be appropriately and efficiently protected

Reason for legislation: to update and improve the operation of existing legislation

Link to announcement: Media release of 3 February 2016

 

Public and Educational Lending Right Amendment Bill

  • harmonise the administration of the Public Lending Right (PLR) and Educational Lending Right (ELR) programs by amending the Public Lending Right Act 1985 to: create a legislative basis and make provision for subordinate legislation to administer the ELR program; modernise the legislation to better adapt to modern and future practices; and streamline governance arrangements in relation to the PLR Committee

Reason for legislation: to modernise the operation of existing legislation

Education and Training

Higher Education Support (Charges) Bill *
Higher Education Support Amendment Bill (No. 1) *

  • introduce an annual levy on higher education providers whose students receive HECS-HELP or FEE-HELP assistance under the Higher Education Support Act 2003 to partially recover HELP scheme administration costs, and set an application fee on prospective FEE-HELP providers to fully recover the costs of the application process

Reason for legislation: to implement a 2018-19 Budget decision

Link to announcement: Budget Paper No.2: Budget Measures 2018-19 Part 1 – Revenue Measures

 

Australian National University Bill
Australian National University (Consequential Amendments and Transitional Provisions) Bill

  • renew the ANU’s legislative framework to ensure that its governance arrangements are fit for purpose, provide a level of flexibility for the ANU to manage its operations in the evolving higher education policy environment, and maintain and enhance the ANU’s status as a leading university into the future

Reason for legislation: to give effect to recommendations of the Review of the ANU Act 1991 and the governance arrangements of the ANU

Link to announcement: Media release of 24 June 2015

 

Student Identifiers (Enhanced Student Permissions) Bill

  • broaden student-controlled online access to authenticated vocational education and training (VET) transcripts for third parties and ensure clarity and consistency with data policy requirements under the National Vocational Education and Training Regulator Act 2011
  • provide the Student Identifiers (SI) Registrar and VET regulators with a role in relation to the issue of VET qualifications and VET statements of attainment where exemptions apply
  • allow for additional parties to collect, disclose and use a Unique Student Identifier

Reason for legislation: to update and improve the operation of existing legislation

 

Tertiary Education Quality and Standards Agency (Charges) Bill
Tertiary Education Quality and Standards Agency Amendment Bill (No. 1)

  • establish a new annual levy for registered higher education providers to recover all of the costs of Tertiary Education Quality and Standards Agency’s sector risk monitoring and sector oversight activities

Reason for legislation: to implement a 2018-19 Budget measure

Link to announcement: Budget Paper No. 2 page 95

Environment and Energy

Industrial Chemicals (Environmental Management) Bill

  • provide a cooperative national legislative framework for managing the ongoing use and disposal of industrial chemicals in order to reduce impacts on the environment and limit the exposure of people to harmful chemicals

Reason for legislation: to implement a COAG reform initiative

Link to announcement: Chemicals management

 

Environment Protection and Biodiversity Conservation Amendment (Musical Instruments Containing CITES Species) Bill

  • amend the Environment Protection and Biodiversity Conservation Act 1999 to facilitate low-risk trade of musical instruments containing CITES-listed species

Reason for legislation: to implement a recommendation of the Joint Standing Committee on Treaties and to update and improve the operation of existing legislation

Link to announcement: Government Response to the Joint Standing Committee on Treaties Report 171 on the Convention on International Trade in Endangered Species of Wild Fauna and Flora

 

Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment Bill

  • implement recommendations of the review of the Ozone Protection and Synthetic Greenhouse Gas Program to strengthen emission reduction provisions, improve administrative efficiency, bolster compliance and enforcement capability and align existing powers with the Regulatory Powers (Standard Provisions) Act 2014

Reason for legislation: implement the remaining legislative measures from the outcomes of the review of the Ozone Protection and Synthetic Greenhouse Gas Program announced by the Government in June 2016

Link to announcement: Review of the Ozone Protection and Synthetic Greenhouse Gas Management Program

Finance

Electoral and Referendum Amendment Bill *

  • amend the Commonwealth Electoral Act 1918 and related legislation to enhance the integrity and efficiency of the electoral system

Reason for legislation: to update and improve the operation of existing legislation

Health

Aged Care (Quality and Safety Commission) Bill *

  • establish a new Aged Care Quality and Safety Commission from 1 January 2019 to subsume the Australian Aged Care Quality Agency and the Aged Care Complaints Commissioner and make miscellaneous and transitional arrangements for the creation of the new Commission

Reason for legislation: to implement a 2018-19 Budget decision

Link to announcement: Media release of 18 April 2018

 

Health Insurance Amendment (New General Practitioner Recognition for Access to Medicare Items) Bill *

  • amend the Health Insurance Act 1973 to reduce administrative duplication by inserting a new definition for general practitioner being one that is a specialist general practitioner who is recognised by registration with the Medical Board of Australia and removing the vocational register arrangements for general practitioners. Access to rebates under Medicare will use Australian Health Practitioner Regulation Agency registration data to assess general practitioners’ eligibility

Reason for legislation: to implement a 2018-19 Budget decision

Link to announcement: Fact Sheet - Stronger Rural Health - Training - streamlining general practice training; Fact Sheet – Stronger Rural Health – Training – improved access

 

Tobacco Plain Packaging Amendment Bill

  • make an administrative improvement to the Tobacco Plain Packaging Act 2011 by increasing the range of suitably qualified, trained or experienced persons who may be appointed as authorised officers to undertake compliance activities under the legislation

Reason for legislation: to update and improve the operation of existing legislation

Home Affairs

Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill *

  • implement a package of reforms designed to strengthen the requirements to become and remain an Australian citizen, including in relation to residency, English language, Australian values, integration into the Australian community and good character

Reason for legislation: to enable the Government’s package of reforms to strengthen the requirements for Australian citizenship in response to the National Consultation on Citizenship in 2015, which indicated strong support for strengthening the requirements for Australian citizenship

Link to announcement: Media release of 20 April 2017

 

Aviation Transport Security Amendment Bill *

  • support the implementation of the recommendations from the Review into Security at Australian Security Regulated Airports to strengthen aviation security and to ensure aviation security measures are commensurate with risk. The bill will amend the Aviation Transport Security Act 2004 to provide for lower risk industry participants to meet security requirements by operating under a model transport security program

Reason for legislation: to support the Government’s commitment to strengthen aviation security and to further safeguard Australia’s aviation sector from the evolving terrorist threat

 

Crimes Legislation Amendment (Pre-Charge Detention) Bill *

  • enhance the existing Commonwealth pre‑charge detention regime for terrorism offences under Part IC of the Crimes Act 1914

Reason for legislation: to give effect to a COAG decision of 5 October 2017

Link to announcement: COAG communique of 5 October 2017

 

Customs Amendment (Collecting Tobacco Duties and Taxes at the Border) Bill *

  • reform the duty and tax payment regime for imported tobacco products

Reason for legislation: to implement a 2018-19 Budget decision

Link to announcement: Joint Media release of 6 May 2018

 

Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Free Trade Agreement Implementation) Bill *
Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Free Trade Agreement Implementation) Bill *

  • implement domestically the Trans-Pacific Partnership in relation to trade in goods

Reason for legislation: to implement an international treaty

Link to announcement: Media release of 8 March 2018

 

Customs Amendment (Pacific Agreement on Closer Economic Relations Plus Implementation) Bill *
Customs Tariff Amendment (Pacific Agreement on Closer Economic Relations Plus Implementation) Bill *

  • implement Australia’s commitments under the Pacific Agreement on Closer Economic Relations Plus Agreement

Reason for legislation: to implement an international treaty

Link to announcement: Media release of 14 June 2017

 

Customs Amendment (Peru‑Australia Free Trade Agreement Implementation) Bill *
Customs Tariff Amendment (Peru‑Australia Free Trade Agreement Implementation)
 Bill *

  • implement the Peru‑Australia Free Trade Agreement domestically in relation to trade in goods

Reason for legislation: to implement an international treaty

Link to announcement: Signing of Peru-Australia FTA - 12 February 2018

 

Commonwealth Workplace Protection Orders Bill

  • establish a scheme whereby the Commonwealth, through a department/agency, can seek workplace protection orders as one of the options available to it in dealing with acts of aggression against staff and other customers

Reason for legislation: to help address conduct that interferes with the Government providing benefits/services and affects the work health safety of staff

 

Maritime Transport and Offshore Facilities Security Amendment (Regulated Vessels) Bill

  • simplify the regulation of floating, product, storage and offtake vessels by treating them as security regulated ships
  • clarify which vessels are defined as ‘regulated Australian ships’ for the purpose of the Maritime Transport and Offshore Facilities Security Act 2003

Reason for legislation: to implement measures consistent with the Government’s commitment to deregulation

 

Migration Amendment (Complementary Protection and Other Measures) Bill

  • amend the Migration Act 1958 to support the Government’s election commitments relating to asylum seekers and to strengthen Australia’s protection regime

Reason for legislation: to enhance the efficiency and integrity of Australia’s onshore protection programme

Link to announcement: Media release of 25 March 2015

 

Migration Amendment (Offshore Resources Activity) Repeal Bill

  • repeal the Migration Amendment (Offshore Resources Activity) Act 2013

Reason for legislation: to repeal the Act

 

Telecommunications and Other Legislation Amendment (Assistance and Access) Bill

  • implement measures to address the impact of encrypted communications and devices on national security and law enforcement investigations. The bill provides a framework for agencies to work with the private sector so that law enforcement can adapt to the increasingly complex online environment. The bill requires both domestic and foreign companies supplying services to Australia to provider greater assistance to agencies

Reason for legislation: to update and improve the operation of existing legislation

Link to announcement: Speech at Sydney Institute on 6 June 2018

INDUSTRY, INNOVATION AND SCIENCE

Maritime Boundaries (Timor Sea) and Consequential Measures Bill(s)

  • implement the Maritime Boundary Treaty agreed between Australia and Timor-Leste on 6 March 2018

Reason for legislation: to implement an international treaty

Link to announcement: Ministerial Statement of 26 March 2018

PRIME MINISTER AND CABINET

Social Security Legislation Amendment (Community Development Program) Bill *

  • amend social security law to introduce reforms to the Community Development Program to increase support to job seekers, and improve employment outcomes in remote Australia

Reason for legislation: to implement a 2018-19 Budget decision

Link to announcement: 2018-19 Budget: Community Development Programme reforms

 

Aboriginal Land Rights (Northern Territory) Amendment Bill (No. 2)

  • incorporate NT portion 7364 in Part 4, Schedule 1 of the Aboriginal Land Rights (Northern Territory) Act 1976, to enable it to be granted as Aboriginal land

Reason for legislation: to give effect to an Indigenous Land Use Agreement

 

Corporations (Aboriginal and Torres Strait Islander) Amendment Bill

  • amend the Corporations (Aboriginal and Torres Strait Islander) Act 2006 to ensure the Act and the Office of the Registrar of Indigenous Corporations are best placed to support the success of the Aboriginal and Torres Strait Islander Corporations

Reason for legislation: to update and improve the operation of existing legislation

SOCIAL SERVICES

Social Services Legislation Amendment (Encouraging Lawful Behaviour of Income Support Recipients) Bill

  • allow compulsory deductions to be taken from welfare payments of serial fine defaulters who have outstanding state and territory court imposed fines
  • suspend and cancel the welfare payments of people who have outstanding state and territory arrest warrants

Reason for legislation: to implement a 2018-19 Budget decision

Link to announcement: Encouraging lawful behaviour of income support recipients: Budget 2018

 

Social Services Legislation Amendment (Supporting Retirement Income) Bill

  • support retirement income by: amending the Pension Loan Scheme; increasing the Pension Work Bonus from $250 to $300 a fortnight and extending eligibility to earnings from self-employment; and introducing new means test rules for lifetime retirement income streams

Reason for legislation: to implement a 2018-19 Budget decision

Link to announcement: Fact Sheet 3: Preparing financially for a longer and more secure life

Treasury

Treasury Laws Amendment (AMIT Technical Amendments) Bill *

  • make a number of technical amendments to improve the operation of the Attribution Managed Investment Trusts regime

Reason for legislation: to improve existing legislation

Link to announcement: Media release of 19 July 2017

 

Treasury Laws Amendment (2018 Measures No. 9) Bill *

  • require certain thin capitalisation calculations to use asset values contained in taxpayers’ financial statements, and a technical fix to ensure certain inbound multinationals do not have inappropriate access to thin capitalisation tests designed for outward investors
  • correct the loophole concerning the Tax Commissioner’s ability to make a determination that an entity is a Significant Global Entity (SGE). It also introduces a deeming provision which extends the scope of the SGE definition
  • extend the GST by ensuring that offshore sellers of hotel accommodation in Australia calculate their GST turnover in the same way as local sellers from 1 July 2019

Reason for legislation: to implement a 2018-19 Budget decision

Link to announcement: Budget Paper No. 2 - Budget Measures 2018-19

 

Treasury Laws Amendment (Black Economy Taskforce Measures No. 2) Bill *

  • move the taxation point of tobacco to the point of manufacture (rather than when tobacco ‘enters the market for home consumption’)

Reason for legislation: to implement a 2018-19 Budget decision

Link to announcement: Media release of 8 May 2018

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