Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017-2018
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
A Fair Go for Australians in Trade Bill
2018
No. , 2018
(Senator Carr)
A Bill for an Act to give Australian workers a fair
go in trade agreements and to fix the way the
Commonwealth negotiates them, and for related
purposes
No. , 2018
A Fair Go for Australians in Trade Bill 2018
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Prohibiting labour market testing waivers in trade
agreements ......................................................................................... 2
4
Prohibiting the inclusion of investor-state dispute settlement
provisions in trade agreements .......................................................... 2
5
Prohibiting the privatisation of public services.................................. 3
6
Prohibiting the undermining of the PBS ............................................ 3
7
Prohibiting the undermining of anti-dumping laws ........................... 3
8
Prohibiting limits on right of Commonwealth to regulate ................. 3
9
Prohibiting restrictions on government procurement ......................... 3
10
Enforceable labour obligations .......................................................... 4
11
Mandatory skills testing..................................................................... 4
12
Independent national interest assessments ......................................... 4
13
Accredited trade advisers ................................................................... 5
14
Executive power of the Commonwealth not otherwise
limited................................................................................................ 5
15
Regulations ........................................................................................ 5
No. , 2018
A Fair Go for Australians in Trade Bill 2018
1
A Bill for an Act to give Australian workers a fair
1
go in trade agreements and to fix the way the
2
Commonwealth negotiates them, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the A Fair Go for Australians in Trade Act 2018.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
Section 3
2
A Fair Go for Australians in Trade Bill 2018
No. , 2018
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Prohibiting labour market testing waivers in trade agreements
10
(1) The Commonwealth must not, on or after the commencement of
11
this Act, enter into a trade agreement with one or more other
12
countries that waives labour market testing requirements for
13
workers from those countries.
14
(2) The Minister administering the Migration Act 1958 must not, on or
15
after the commencement of this Act, determine under
16
subsection 140GBA(2) of the Migration Act 1958 an obligation of
17
Australia that arises under a trade agreement between Australia and
18
one or more other countries.
19
4 Prohibiting the inclusion of investor-state dispute settlement
20
provisions in trade agreements
21
The Commonwealth must not, on or after the commencement of
22
this Act, enter into a trade agreement with one or more other
23
countries or a bilateral investment treaty that includes an
24
investor-state dispute settlement provision.
25
Section 5
No. , 2018
A Fair Go for Australians in Trade Bill 2018
3
5 Prohibiting the privatisation of public services
1
The Commonwealth must not, on or after the commencement of
2
this Act, enter into a trade agreement with one or more other
3
countries that includes provisions requiring the privatisation of any
4
public services.
5
6 Prohibiting the undermining of the PBS
6
The Commonwealth must not, on or after the commencement of
7
this Act, enter into a trade agreement with one or more other
8
countries that includes provisions that undermine the scheme for
9
the supply of pharmaceutical benefits established under Part VII of
10
the National Health Act 1953.
11
7 Prohibiting the undermining of anti-dumping laws
12
The Commonwealth must not, on or after the commencement of
13
this Act, enter into a trade agreement with one or more other
14
countries that includes provisions that undermine any law of the
15
Commonwealth, a State or a Territory relating to anti-dumping.
16
8 Prohibiting limits on right of Commonwealth to regulate
17
The Commonwealth must not, on or after the commencement of
18
this Act, enter into a trade agreement with one or more other
19
countries that limits the right of the Commonwealth to regulate:
20
(a) in the interests of public welfare; or
21
(b) in relation to safe products.
22
9 Prohibiting restrictions on government procurement
23
The Commonwealth must not, on or after the commencement of
24
this Act, enter into a trade agreement with one or more other
25
countries that includes provisions relating to government
26
procurement which have the effect of restricting the
27
Commonwealth's procurement arrangements from any form of
28
preference for the purpose of:
29
(a) protecting Australia's essential security interests; or
30
Section 10
4
A Fair Go for Australians in Trade Bill 2018
No. , 2018
(b) benefiting local small and medium enterprises; or
1
(c) protecting national treasures; or
2
(d) implementing measures for the health, welfare and economic
3
and social advancement of Indigenous people; or
4
(e) promoting ethical standards and sustainable development
5
though ethical procurement; or
6
(f) providing for the full, fair and reasonable participation of
7
local enterprises in government contracts as outlined in
8
Commonwealth, State and Territory industry participation
9
policies and successor programs and policies; or
10
(g) maintaining the Australian industry capability programs and
11
its successor programs and policies.
12
10 Enforceable labour obligations
13
(1) Any bilateral trade agreement signed by the Commonwealth on or
14
after the commencement of this Act must include a labour chapter
15
with internationally recognised labour principles.
16
(2) The Commonwealth should seek to include a labour chapter with
17
internationally recognised labour principles in any regional or
18
multilateral trade agreement signed by the Commonwealth on or
19
after the commencement of this Act.
20
11 Mandatory skills testing
21
The Commonwealth must not, on or after the commencement of
22
this Act, enter into a trade agreement with one or more other
23
countries unless the agreement requires skills assessments
24
(including practical and theoretical testing) to be undertaken in
25
Australia.
26
12 Independent national interest assessments
27
The Commonwealth must not, on or after the commencement of
28
this Act, enter into a trade agreement with one or more other
29
countries unless:
30
Section 13
No. , 2018
A Fair Go for Australians in Trade Bill 2018
5
(a) the Minister has caused an independent national interest
1
assessment of the economic, strategic and social impacts of
2
the proposed trade agreement to be undertaken; and
3
(b) a copy of the assessment has been tabled in each House of
4
the Parliament.
5
13 Accredited trade advisers
6
The regulations may provide for the establishment of a program
7
(the accredited trade advisers program) that allows industry,
8
unions and civil society groups to give real time feedback on any
9
draft trade agreements between Australia and one or more other
10
countries.
11
14 Executive power of the Commonwealth not otherwise limited
12
This Act limits the executive power of the Commonwealth to the
13
extent set out in sections 3 to 12, and does not, by implication,
14
limit that power to any other extent.
15
15 Regulations
16
The Governor-General may make regulations prescribing matters:
17
(a) required or permitted by this Act to be prescribed by the
18
regulations; or
19
(b) necessary or convenient to be prescribed for carrying out or
20
giving effect to this Act.
21