Commentary on Amendments and Explanatory Materials [2019] AUSStaCSBSD 41 (28 March 2019)

• Commentary on amendments and explanatory materials

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Commentary on amendments
and explanatory materials

Industrial Chemicals Bill 2017

[Digests 6 & 8/17]

1.256 On 14 February 2019 the Senate agreed to 23 Government amendments, the Assistant Minister for Treasury and Finance (Senator Seselja) tabled a supplementary explanatory memorandum and the bill was read a third time. On 18 February 2019 the House of Representatives agreed to the Senate amendments and the bill was passed.

1.257 The committee notes that the amendments contain a strict liability offence, subject to up to 60 penalty units. As the imposition of strict liability undermines fundamental criminal law principles, the committee expects the explanatory memorandum would provide a clear justification for any imposition of strict liability. However, in this instance the supplementary explanatory memorandum does not explain why the inclusion of a strict liability offence is necessary or appropriate.

1.258 In light of the fact that this bill has already passed both Houses of Parliament the committee makes no further comment on this matter.

1.259 The committee has no comments on amendments made or explanatory material relating to the following bills:

• Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018;

^[1]

• Electoral Legislation Amendment (Modernisation and Other Measures) Bill 2018;^[2]

• Industrial Chemicals (Consequential Amendments and Transitional Provisions) Bill 2017;^[3]

• Industrial Chemicals Charges (Customs) Bill 2017; Industrial Chemicals Charges (Excise) Bill 2017; and Industrial Chemicals Charges (General) Bill 2017;^[4]

• Social Services and Other Legislation Amendment (Supporting Retirement Incomes) Bill 2018;^[5]

• Treasury Laws Amendment (2018 Measures No. 5) Bill 2018;^[6]

• Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Bill 2019;^[7]

• Treasury Laws Amendment (Making Sure Foreign Investors Pay Their Fair Share of Tax in Australia and Other Measures) Bill 2019;^[8]

• Treasury Laws Amendment (Protecting Your Superannuation Package)

Bill 2018;^[9] and

• Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Bill 2018.^[10]

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[1] On 6 December 2018 the Senate agreed to two Independent (Senator Storer) and Australian Greens amendments. On 12 February 2019 the House of Representatives agreed to the Senate amendments with amendments. On 13 February 2019 the Senate agreed to the House of Representatives amendments to Senate amendment no. 2 and the bill was passed.

[2] On 14 February 2019 the Senate agreed to 38 Government amendments, the Assistant Minister for Treasury and Finance (Senator Seselja) tabled a supplementary explanatory memorandum and the bill was read a third time. On 18 February 2019 the House of Representatives agreed to the Senate amendments and the bill was passed.

[3] On 14 February 2019 the Senate agreed to 70 Government amendments, the Assistant Minister for Treasury and Finance (Senator Seselja) tabled a supplementary explanatory memorandum and the bill was read a third time. On 18 February 2019 the House of Representatives agreed to the Senate amendments and the bill was passed.

[4] On 14 February 2019 the Senate agreed to one Government amendment to the bills, the Assistant Minister for Treasury and Finance (Senator Seselja) tabled three supplementary explanatory memoranda and the bills were read a third time. On 18 February 2019 the requested amendments by the Senate were made by the House of Representatives and the bills were passed.

[5] On 13 February 2019 the Minister for Families and Social Services (Mr Fletcher) presented a replacement explanatory memorandum and the bill was read a third time.

[6] On 14 February 2019 the Senate agreed to two Government and two Opposition amendments, the Assistant Minister for Treasury and Finance (Senator Seselja) tabled a supplementary explanatory memorandum and the bill was read a third time. On 18 February 2019 the House of Representatives agreed to the Senate amendments and the bill was passed.

[7] On 14 February 2019 the Senate agreed to 17 Government, two Opposition and three Australian Greens amendments, the Assistant Minister for Treasury and Finance (Senator Seselja) tabled two supplementary explanatory memoranda and the bills were read a third time.

[8] On 14 February 2019 the House of Representatives agreed to two Government amendments, the Minister for Energy (Mr Taylor) presented a supplementary explanatory memorandum and the bill was read a third time.

[9] On 14 February 2019 the Senate agreed to 22 Australian Greens amendments, the Assistant Minister for Treasury and Finance (Senator Seselja) tabled a supplementary explanatory memorandum and the bill was read a third time. On 18 February 2019 the House of Representatives agreed to the Senate amendments and the bill was passed.

[10] On 14 February 2019 the Senate agreed to 35 Opposition amendments and the bill was read a third time. On 18 February 2019 the House of Representatives agreed to the Senate amendments and the bill was passed.