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LEGISLATION PROPOSED FOR INTRODUCTION IN THE 2011 .rtf

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					                   LEGISLATION PROPOSED FOR INTRODUCTION
                          IN THE 2012 SPRING SITTINGS

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


AGRICULTURE, FISHERIES AND FORESTRY

Agricultural and Veterinary Chemicals Legislation Amendment Bill *
- improve the efficiency and effectiveness of the Australian Pesticides and Veterinary
   Medicines Authority’s registration and review of agricultural and veterinary chemicals

Reason for legislation: to update and improve the operation of existing legislation and to
implement an election commitment
Link to announcement: Better Regulation of Agricultural and Veterinary Chemicals website,
including media release of 15 November 2011 and exposure draft legislation


Biosecurity Bill *
Inspector General of Biosecurity Bill *
- support the implementation of reforms to Australia’s quarantine and biosecurity systems
- replace the Quarantine Act 1908 and related and subordinate legislation with simplified
    and more modern legislation
- create appropriate roles, functions and powers to manage biosecurity at the border and
    on-shore
- provide flexible co-regulatory mechanisms
- establish modern compliance and enforcement tools
- establish an Inspector General of Biosecurity as an independent statutory agency
- include transitional provisions and consequential amendments to related legislation

Reason for legislation: to implement the biosecurity reform program and replace existing
legislation
Link to announcement: Biosecurity Legislation website, including media release of 4 July
2012 and exposure draft legislation


Fisheries Legislation Amendment Bill
- amend the Fisheries Management Act 1991 to permit old statutory fishing rights to
    continue until new rights come into force where a new plan of management replaces an old
    plan

Reason for legislation: to improve the operation of existing legislation




                     Legislation Proposed for Introduction in the 2012 Spring Sittings
                                                    1
ATTORNEY-GENERAL’S

Law Enforcement Integrity Bill *
- enable targeted integrity tests to be conducted on Commonwealth law enforcement officers
  suspected of corruption, and introduce a range of other measures to support integrity in the
  Australian Customs and Border Protection Service

Reason for legislation: to increase corruption resistance of Commonwealth law enforcement
agencies
Link to announcements: Media release of 30 March 2012; Media release of 28 April 2012


Crimes Legislation Amendment (Organised Crime and Other Measures) Bill
- introduce a new offence of aggravated firearm trafficking

Reason for legislation: to strengthen Australia’s capacity to combat illegal firearm trafficking
and implement a measure agreed by the Standing Council of Police and Emergency
Management
Link to announcement: Media release of 29 June 2012


Crimes Legislation Amendment (Proceeds of Crime and Other Measures) Bill
- expand the reach of the Commonwealth’s identity crime offences; update the
   Commonwealth’s serious drug offences framework; clarify and improve aspects of the
   Commonwealth’s proceeds of crime regime; enhance the efficiency and operation of the
   Law Enforcement Integrity Commissioner Act 2006; introduce new offences in relation to
   false identity and air travel

Reason for legislation: to enhance the operation of criminal justice legislation and introduce
new offences


Customs Amendment (Malaysia-Australia Free Trade Agreement Implementation) Bill
Customs Tariff Amendment (Malaysia-Australia Free Trade Agreement
Implementation) Bill
- amend the Customs Act 1901 and the Customs Tariff Act 1995 to implement the
   Malaysia-Australia Free Trade Agreement

Reason for legislation: to implement the Malaysia-Australia Free Trade Agreement
Link to announcement: Departmental website – Malaysia-Australia Free Trade Agreement


Customs Amendment (Miscellaneous Measures) Bill
- amend the Customs Act 1901 to enhance administration of border controls

Reason for legislation: to enhance administration of border controls




                     Legislation Proposed for Introduction in the 2012 Spring Sittings
                                                    2
Family Law Amendment Bill
- encourage resolution of disputes outside courts by enhancing alternative dispute resolution
  options for parties to family law proceedings
- improve Australia’s response to international parental child abduction

Reason for legislation: to implement previously announced Government decisions
Link to announcements: Media release of 17 May 2010; Media release of 19 September 2011


Federal Magistrates (Title Changes) Amendment Bill
- change the name of the Federal Magistrates Court and the title of Federal Magistrates

Reason for legislation: to better reflect the role of the Federal Magistrates Court and Federal
Magistrates in the judicial system
Link to announcement: Media release of 29 May 2012

Marriage Amendment (Celebrants Administration and Fees) Bill
- implement measures relating to the introduction of an annual registration fee for marriage
  celebrants and introduce an application fee for prospective marriage celebrants
- revise and update provisions of the Marriage Act 1961 to increase the efficiency of the
  Marriage Celebrants Program

Reason for legislation: to implement a 2011 Budget decision
Link to announcements: Budget measures – 2011-12 Budget Paper No. 2; Departmental
website – Marriage Celebrants Program Reforms


Native Title Amendment Bill
- accelerate the claims resolution process, improve native title agreement making and
   promote sustainable native title outcomes, including other minor amendments to improve
   outcomes under the native title system

Reason for legislation: to update and improve the operation of existing legislation
Link to announcements: Media release of 6 June 2012; Departmental website – Native Title
Reform


BROADBAND, COMMUNICATIONS AND THE DIGITAL ECONOMY

Special Broadcasting Service Amendment Bill
- make minor amendments to the Special Broadcasting Service Act 1991 to require the
   appointment of an Indigenous non-executive director to the SBS Board

Reason for legislation: to update existing legislation




                     Legislation Proposed for Introduction in the 2012 Spring Sittings
                                                    3
Telecommunications (Submarine Cable Protection) Bill
- amend the Telecommunications Act 1997 in response to the 2010 review of Schedule 3A by
   the Australian Communications and Media Authority

Reason for legislation: to update and improve the operation of existing legislation
Link to announcement: Media release of 18 November 2010


DEFENCE

Defence Legislation Amendment Bill
- amend the Defence Home Ownership Assistance Act 2008 to provide better alignment of
   the legislation with the policy as originally intended for the scheme and greater certainty in
   the application of the policy by the Scheme Administrator

Reason for legislation: to improve the operation of existing legislation


EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

Fair Entitlements Guarantee Bill
- legislate the Fair Entitlements Guarantee to replace the General Employee Entitlements and
   Redundancy Scheme

Reason for legislation: to protect workers’ entitlements including redundancy pay
Link to announcement: Speech to ACTU Congress on 17 May 2012


Schools Assistance Bill
- implement school funding reform and deliver funding certainty for states and territories and
   education providers

Reason for legislation: to provide the legislative authority for schools funding
Link to announcement: Media release of 6 June 2012


FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

Homelessness Bill
- legislate the Australian Government’s commitment to reducing homelessness

Reason for legislation: to implement the Government’s commitment under its White Paper on
homelessness
Link to announcement: White Paper - The Road Home




                     Legislation Proposed for Introduction in the 2012 Spring Sittings
                                                    4
National Disability Insurance Scheme Bill
- implement the first stage of the National Disability Insurance Scheme (NDIS). This would
   include establishing a national governance agency to administer the scheme, based on an
   insurance approach

Reason for legislation: to implement a 2012-13 Budget decision
Link to announcement: NDIS Website


National Gambling Reform Bill
National Gambling Reform (Related Matters) Bill (No. 1)
National Gambling Reform (Related Matters) Bill (No. 2)
- reduce the harm caused by gaming machines to problem gamblers, their families and
   communities, and those who are at risk of experiencing that harm

Reason for legislation: to implement a key Government policy commitment
Link to announcement: FaHCSIA website - Problem Gambling; Media release of 21 January
2012; Media release of 22 January 2012


FINANCE AND DEREGULATION

Appropriation Bill (No. 3) 2012-2013
Appropriation Bill (No. 4) 2012-2013
Appropriation (Parliamentary Departments) Bill (No. 2) 2012-2013
- provide for additional expenditure on: the ordinary annual services of government; capital
   works and services, payments to or for the States, the Australian Capital Territory, the
   Northern Territory and local government authorities; and new administered outcomes not
   authorised by specific legislation; and the services of the Parliamentary Departments

Reason for legislation: to implement Government decisions requiring additional expenditure in
2012-13


Financial Framework Legislation Amendment Bill (No. 4)
- amend various pieces of legislation (currently under assessment) to ensure that
   Commonwealth payments are drawn from valid appropriations in line with section 83 of
   the Constitution
- simplify the financial management framework and streamline internal Australian
   Government administration
- update, clarify and align other financial management, governance and reporting provisions

Reason for legislation: to clarify the Commonwealth’s financial framework by updating and
amending existing legislation




                    Legislation Proposed for Introduction in the 2012 Spring Sittings
                                                   5
Future Fund Legislation Amendment Bill
- give effect to governance changes to the Future Fund, including removing the Future Fund
   Management Agency from coverage under the Public Service Act 1999 and providing for
   an alternative employment framework; and providing an exclusion under Schedule 2 of the
   Freedom of Information Act 1982 for Future Fund Board of Guardians’ investment
   documents

Reason for legislation: to update and improve the operation of existing legislation
Link to announcement: Ministerial speech of 25 November 2009


FOREIGN AFFAIRS AND TRADE

International Fund for Agricultural Development Amendment Bill *
- revise the definition of Agreement in Section 3 of the International Fund for Agricultural
    Development Act 1977 (the Act) so it refers to the version of the International Fund for
    Agricultural Development Treaty to which Australia would be acceding
- update the Schedule to the Act to reference the current Agreement establishing the
    International Fund for Agricultural Development as it has been amended since the original
    legislation was enacted

Reason for legislation: to implement a 2012-13 Budget decision
Link to announcement: AusAID media release of 1 March 2012


HEALTH AND AGEING

Industrial Chemicals (Notification and Assessment) Amendment Bill *
- implement measures arising from the National Industrial Chemicals Notification and
   Assessment Scheme (NICNAS) review of its cost recovery arrangements, including:
          changing the current three-tier structure for NICNAS registration to a four-tier
           structure to deliver a more equitable charging arrangement for business
          introduce an application fee for businesses seeking authorisation from NICNAS to
           import or export chemicals under the Prior Informed Consent procedure of the
           Rotterdam Convention
          remove obsolete clauses concerning the transfer of a chemical from the
           non-confidential section of the Australian Inventory of Chemical Substances to the
           confidential section and the associated fee for that service
- make minor consequential technical amendments arising from the Model Regulations

Reason for legislation: to give effect to outcomes of the NICNAS review of cost recovery
arrangements, and to a minor technical measure, commencing from 1 July 2013
Link to announcement: Departmental website – NICNAS Cost Recovery Impact Statement




                     Legislation Proposed for Introduction in the 2012 Spring Sittings
                                                    6
IMMIGRATION AND CITIZENSHIP

Migration Amendment (Reform of Employer Sanctions) Bill *
- reform the existing provisions that sanction employers and labour referrers who allow or
   refer for work non-citizens who do not have the required permission to work
- introduce graduated sanctions of infringement notices and non-fault based civil penalty
   provisions to supplement the existing criminal offences

Reason for legislation: to update and improve the operation of existing legislation
Link to announcement: Media release of 12 December 2011; Media release of 3 August 2012
(including link to exposure draft legislation)


INDUSTRY, INNOVATION, SCIENCE, RESEARCH AND TERTIARY EDUCATION

Higher Education Support Amendment Bill (No. 4) *
- amend the Higher Education Support Act 2003 to give effect to the April 2012 COAG
   National Partnership Agreement on Skills Reform

Reason for legislation: to give effect to recommendations proposed in the 2011 Report on the
Post Implementation review of the VET FEE-HELP Assistance Scheme
Link to announcement: COAG Communique of 13 April 2012 – Skills Reform


Higher Education Support Amendment (Maximum Payment Amounts and Other
Measures) Bill *
- amend the Higher Education Support Act 2003 (HESA) to update indexed amounts for
   Other Grants and Commonwealth Scholarships and to include the 2016 funding year
- make technical amendments to HESA to provide for a wider disclosure of certain personal
   information collected under HESA

Reason for legislation: to implement 2012 Budget decisions to increase funding and improve
the operation of existing legislation


INFRASTRUCTURE AND TRANSPORT

Aviation Transport Security Amendment (Inbound Cargo Security Enhancement) Bill
- allow the Minster responsible for the Aviation Transport Security Act 2004 to prohibit
   certain types of cargo from entering Australia through the use of a disallowable instrument

Reason for legislation: to ensure Australia has effective and transparent mitigation measures to
counter future threats posed by inbound international air cargo




                    Legislation Proposed for Introduction in the 2012 Spring Sittings
                                                   7
Aviation Legislation Amendment (Liability and Insurance) Bill
- raise the liability cap for domestic passenger death and injury and increase associated
   insurance requirements
- address a range of other technical issues surrounding the way damages are awarded in the
   context of air accidents

Reason for legislation: to update and enhance carriers’ liability and insurance framework
Link to announcement: A National Aviation Policy Statement – the Aviation White Paper


PRIME MINISTER AND CABINET

Public Interest Disclosure Bill *
Public Interest Disclosure (Consequential Amendments) Bill *
- implement the Government’s response to the House of Representatives Standing
   Committee on Legal and Constitutional Affairs 2009 Report Whistleblowing Protection:
   a comprehensive scheme for the Commonwealth public sector

Reason for legislation: to establish a new framework for the reporting and investigation of
alleged wrongdoing in the Commonwealth public sector, including robust protections for those
who report wrongdoing under the scheme
Link to announcements: Ministerial Statement of 17 March 2010; Media release of
17 March 2010; Government response to the Whistleblowing Report


REGIONAL AUSTRALIA, LOCAL GOVERNMENT, ARTS AND SPORT

National Portrait Gallery Bill
- establish the National Portrait Gallery (NPG) as a statutory authority under the
   Commonwealth Authorities and Companies Act 1997. The NPG will continue as the
   national collecting institution responsible for the collection, preservation and promotion of
   access to Australian art portraiture

Reason for legislation: to implement a 2012-13 Budget decision; to address the anomaly
between the current governance structure of the NPG and other national collecting institutions
Link to announcement: 2012-13 Budget website; Media release of 8 May 2012


Protection of Cultural Objects on Loan Bill
- implement a scheme to provide protection from seizure and suit for cultural objects
   imported into Australia temporarily for public exhibition by approved collecting
   institutions.

Reason for legislation: to establish a new statutory scheme to protect cultural objects loaned to
Australian institutions from overseas
Link to announcement: Media release of 20 July 2012




                     Legislation Proposed for Introduction in the 2012 Spring Sittings
                                                    8
RESOURCES, ENERGY AND TOURISM

Offshore Petroleum and Greenhouse Gas Storage (Compliance Measures) Amendment
Bill
Offshore Minerals (National Regulator) Amendment Bill
- amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act) to
     improve compliance and enforcement in offshore petroleum regulation by providing a
     broader range of compliance and enforcement tools for the national regulator for offshore
     petroleum activities, the National Offshore Petroleum Safety and Environmental
     Management Authority
- amend the OPGGS Act to strengthen and clarify the legislative application of the ‘polluter
     pays’ principle; and amending, as appropriate, the directions powers, insurance
     requirements, arrangements for the recovery of costs, and monitoring requirements during
     and post an offshore petroleum incident, to give complete effect to the principle
- implement a range of other measures associated with the agreed Government Response to
     the Report of the Montara Commission of Inquiry to strengthen the regulatory regime
     focussed on important safety, integrity and environmental management objectives
- amend the Offshore Minerals Act 1994 to add minerals titles administration and regulation
     to the functions of the new National Offshore Petroleum Titles Administrator and the
     National Offshore Petroleum Safety and Environmental Management Authority

Reason for legislation: to update and improve the operation of existing legislation and
implement commitments made in the Final Government Response to the Montara Commission
of Inquiry
Link to announcement: Media release of 25 May 2011


SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND
COMMUNITIES

Environment Protection and Biodiversity Conservation Amendment Bill *
- implement the Government response to the Independent Review of the Environment
   Protection and Biodiversity Conservation Act 1999 (EPBC Act)
- improve the efficiency and effectiveness of processes under the EPBC Act, including
   facilitating landscape-scale approaches, streamlining individual project assessments and
   facilitating greater accreditation of state processes

Reason for legislation: to implement the Government response to the Independent Review of
the Environment Protection and Biodiversity Conservation Act 1999
Link to announcement: Departmental website – Reform of the EPBC Act


Environment Protection (Sea Dumping) Amendment Bill
- extend the prohibition on the export of controlled material for the purpose of dumping or
   incineration from “Australia” to “Australian waters”

Reason for legislation: to align Australia’s sea dumping laws with its obligations under the
1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes
and Other Matter, 1972 London


                    Legislation Proposed for Introduction in the 2012 Spring Sittings
                                                   9
TREASURY

Australian Charities and Not-for-profits Commission Bill *
Australian Charities and Not-for-profits Commission (Consequential and Transitional)
Bill *
- establish the Australian Charities and Not-for-profits Commission and make consequential
     amendments relating to the establishment of the Australian Charities and Not-for-profits
     Commission

Reason for legislation: to implement an election commitment and 2011-12 Budget decision
Link to announcement: Treasury website – Not-for-profit Reform

-   restate the special conditions for tax concessions entities (including the ‘in Australia’
    conditions)

Reason for legislation: to implement a 2011-12 Budget decision
Link to announcement: Treasury website – Not-for-profit Reform


Corporations Amendment (Over-The-Counter Derivatives) Bill *
- implement Australia’s G-20 commitments in relation to managing risks in over-the-counter
   derivatives markets
- introduce a framework which allows requirements for over-the-counter derivative
   transactions to be reported, centrally cleared, and conducted on trading platforms

Reason for legislation: to implement Australia’s G-20 commitments in relation to
over-the-counter derivatives
Link to announcement: Media release of 18 April 2012


Personal Liability for Corporate Fault Reform Bill *
- reform provisions which impose personal criminal liability for corporate fault in line with a
   set of principles determined by COAG
- reduce the regulatory burden for Australian businesses that operate across jurisdictional
   borders by making their legal obligations easier to understand, and more consistent
   between jurisdictions

Reason for legislation: to implement a coordinated national approach to personal criminal
liability for corporate fault pursuant to the COAG Seamless National Economy National
Partnership Agreement
Link to announcement: Media release of 1 June 2012


Superannuation Legislation Amendment Bill *
- implement the remaining features of MySuper and trustee governance and integrity
   measures

Reason for legislation: to implement the Government’s Stronger Super reforms
Link to announcement: Media release of 16 December 2010



                     Legislation Proposed for Introduction in the 2012 Spring Sittings
                                                    10
Superannuation Legislation Amendment (Stronger Super and Other Measures)
Bill (No. 3) *
- mandate the use of data and payments standards and e-commerce for processing of
     rollovers and accepting of contributions (SuperStream measure)

Reason for legislation: to implement the Government’s Stronger Super reforms and to update
and improve the operation of existing legislation
Link to announcement: Media release of 21 September 2011

-   provide for the portability of retirement savings between Australia and New Zealand

Reason for legislation: to implement an international treaty
Link to announcement: Media release of 29 October 2009


Tax Laws Amendment (2012 Measures No. 6) Bill *
- amend tax treatment of payments made under the Sustainable Water Use Program

Reason for legislation: to implement a commitment to eliminate timing differences between
grants are taxed and when deductions are available for expenditure under the Sustainable Water
Use program
Link to announcement: Media release of 18 February 2011


Tax Laws Amendment (Stronger Super Self Managed Superannuation Funds) Bill *
Superannuation (Self Managed Superannuation Fund Auditors) Fees Imposition Bill *
- implement the Government’s response to the self managed superannuation funds
   recommendations of the Super System Review

Reason for legislation: to implement 2011-12 and 2012-13 Budget decisions
Link to announcement: Media release of 23 June 2012


Charities Bill
Charities (Consequential and Transitional) Bill
- introduce a statutory definition of ‘charity’ for all Commonwealth purposes and make
   consequential amendments to support the new statutory definition of ‘charity’

Reason for legislation: to implement an election commitment and 2011-12 Budget decision
Link to announcement: Treasury website – Not-for-profit Reform


Corporations Legislation Amendment (Remuneration Disclosures) Bill
- enhance the remuneration framework by removing requirements which add little value for
   shareholders, and imposing requirements to improve the disclosure in the remuneration
   report and with regards to clawback of remuneration

Reason for legislation: to implement the Government’s announcement regarding amendments
to the regulation of executive remuneration
Link to announcement: Media release of 21 February 2012


                     Legislation Proposed for Introduction in the 2012 Spring Sittings
                                                    11
Financial Sector Legislation Amendment (Financial Claims Scheme) Bill
- improve the effectiveness of the Financial Claims Scheme

Reason for legislation: to refine and improve the operation of the existing legislation and to
implement commitments announced in 2011, following a public review process
Link to announcement: Consultation paper – Financial Claims Scheme; Media release of
11 September 2011


International Tax Agreements Amendment Bill
- give the force of law to the Agreement for the allocation of taxing rights with respect to
    certain income of individuals and to establish a mutual agreement procedure in respect of
    transfer pricing adjustments between Australia and the Marshall Islands

Reason for legislation: to implement an international treaty
Link to announcement: Media release of 13 May 2010

-   give the force of law to the Agreement for the allocation of taxing rights with respect to
    certain income of individuals and to establish a mutual agreement procedure in respect of
    transfer pricing adjustments between Australia and Mauritius

Reason for legislation: to implement an international treaty
Link to announcement: Media release of 9 December 2010


Not-for-profit Sector Reforms (Better Targeting of Tax Concessions) Bill
- implement the Government’s announcement to better target the not-for-profit tax
   concessions

Reason for legislation: to implement an election commitment and 2011-12 Budget decision
Link to announcement: Treasury website – Not-for-profit Reform


Superannuation Legislation Amendment (Stronger Super and Other Measures)
Bill (No. 4)
- expand existing reporting requirements for superannuation providers in order to support the
     Super Stream measures, specifically account consolidation and on-line display of accounts
     held by an individual
- compel funds to consolidate member accounts between funds where the ATO identifies
     relevant accounts for consolidation

Reason for legislation: to implement the Government’s response to the Cooper Review into
the Governance, Efficiency, Structure and Operation of Australia’s Superannuation System
Link to announcement: Media release of 21 September 2011




                     Legislation Proposed for Introduction in the 2012 Spring Sittings
                                                    12
Tax Laws Amendment (2012 Measures No. 7) Bill
- amend the tax rules for securities lending arrangements

Reason for legislation: to update and improve the operation of existing legislation
Link to announcement: 2011-12 Budget Paper No. 2

-   clarify the eligibility criteria for documentaries under the film Producer Offset

Reason for legislation: to implement a 2012-13 Budget decision
Link to announcement: Media release of 5 July 2012

-   make minor amendments ensuring the proper functioning of the capital gains tax
    provisions

Reason for legislation: to implement 2011-12 Budget, 2011-12 MYEFO and 2012-13 Budget
decisions
Link to announcement: 2011-12 Budget Paper No. 2

-   amend taxation of financial arrangements provisions — foreign banks branches,
    transitional balancing adjustment and accruals method

Reason for legislation: to update and improve the operation of existing legislation
Link to announcement: Media release of 29 June 2010

-   amend the tax treatment of native title transactions

Reason for legislation: to update and improve the operation of existing legislation
Link to announcement: Media release of 6 June 2012

-   include geothermal exploration as deductible expenditure

Reason for legislation: to implement a 2011-12 Budget decision
Link to announcement: Media release of 24 March 2011

-   establish a quarterly credit regime for the research and development refundable tax offset

Reason for legislation: to update and improve the operation of existing legislation
Link to announcement: Media release of 15 June 2011


Tax Laws Amendment (Cross-Border Profit Allocation) Bill (No. 2)
- modernise transfer pricing rules

Reason for legislation: to implement a 2011-MYEFO decision that will introduce amendments
to the income tax law to better align Australia’s transfer pricing rules with international best
practice, improving the integrity and efficiency of the tax system
Link to announcement: Media release of 1 November 2011




                     Legislation Proposed for Introduction in the 2012 Spring Sittings
                                                    13

				
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