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senate vote 2020-12-07#16
Edited by
mackay staff
on
2022-07-22 14:47:52
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Title
Bills — Recycling and Waste Reduction Bill 2020, Recycling and Waste Reduction (Consequential and Transitional Provisions) Bill 2020, Recycling and Waste Reduction Charges (General) Bill 2020, Recycling and Waste Reduction Charges (Customs) Bill 2020, Recycling and Waste Reduction Charges (Excise) Bill 2020; in Committee- Recycling and Waste Reduction Bill 2020 and others - in Committee - Product stewardship scheme
Description
<p class="speaker">Peter Whish-Wilson</p><p>Can I say how disappointed I am—</p>-
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2020-12-07.190.4) introduced by Tasmanian Senator [Peter Whish-Wilson](https://theyvoteforyou.org.au/people/senate/tasmania/peter_whish-wilson) (Greens), which means they failed.
- Senator Whish-Wilson [explained that](https://www.openaustralia.org.au/senate/?gid=2020-12-07.190.4) these amendments would "*establish a product stewardship scheme advisory group.*"
<p class="speaker">Hon. Senators</p><p>Honourable senators interjecting—</p> <p class="speaker">Peter Whish-Wilson</p><p>Yeah, yeah!</p><p>An honourable senator: Call a quorum!</p><p>No, I don't need to call a quorum, but I'm really disappointed that we had a chance—I want to thank the Labor Party for supporting the amendment. Senator McAllister said that they understand how important jobs are, especially in rural and regional Australia. The recycling industry is a huge employer. It's a shame that One Nation don't know the value of jobs in rural and regional areas. They have turned their backs again on the battlers in these areas and on the industries that are going to employ them. Recycling in many cases will employ low-skilled labour, but there's huge demand for low-skilled labour. Tonight they've supported the big packaging companies—some of the wealthiest companies on the planet and some of the biggest donors to the Liberal Party—and turned their back on holding big business to account after 30 years of failure and inaction. I've got to say they're as mad as meat axes, these people. You can't give them any logic, any sensibility—it doesn't matter what you do. This country is being held to ransom by One Nation. Let me make that very clear here tonight.</p><p>I have a number of other amendments that I would like to move. The first are to establish a product stewardship scheme advisory group. I seek leave to move Greens amendments (1) to (4) on sheet 1052 revised together.</p><p>Leave granted.</p><p>In respect of the Recycling and Waste Reduction Bill, I move:</p><p class="italic">(1) Clause 10, page 7 (after line 9), after the definition of <i>administrator</i>, insert:</p><p class="italic"><i>Advisory Group</i> means the Product Stewardship Advisory Group established by subsection 68A(1).</p><p class="italic">(2) Clause 67, page 70 (before line 1), before subclause (4) (before the heading), insert:</p><p class="italic"> <i>Matters to be considered—advice from Product Stewardship Advisory Group</i></p><p class="italic">(3B) In preparing a Minister's priority list, the Minister must have regard to any advice provided to the Minister by the Advisory Group.</p><p class="italic">(3) Page 71 (after line 3), at the end of Part 2, add:</p><p class="italic">68A Product Stewardship Advisory Group</p><p class="italic"> <i>Establishment</i></p><p class="italic">(1) The Product Stewardship Advisory Group is established by this subsection.</p><p class="italic"> <i>Function</i></p><p class="italic">(2) The Advisory Group's function is to provide advice to the Minister:</p><p class="italic">(a) at the Advisory Group's own initiative—in relation to the performance of the Minister's function under subsection 67(1) (Minister's priority list); and</p><p class="italic">(b) when requested to do so by the Minister—in relation to the performance of the Minister's functions under this Act.</p><p class="italic"> <i>Further provisions about the Advisory Group</i></p><p class="italic">(3) Schedule 1 contains further provisions about the Advisory Group.</p><p class="italic">(4) Page 185 (after line 4), at the end of the Bill, add:</p><p class="italic">Schedule 1—Product Stewardship Advisory Group</p><p class="italic">Note: See subsection 68A(3).</p><p class="italic">1 Membership of Advisory Group</p><p class="italic">(1) The Advisory Group consists of the following members:</p><p class="italic">(a) at least 5,and no more than 9, members appointed under clause 2;</p><p class="italic">(b) a Chair appointed under clause 3.</p><p class="italic">(2) The performance of the functions of the Advisory Group is not affected by reason only of the number of Advisory Group members falling below 6 for a period of not more than 6 months.</p><p class="italic">2 Appointment of members of Advisory Group (other than the Chair)</p><p class="italic">(1) An Advisory Group member (other than the Chair) is to be appointed by the Minister, by written instrument, on a part-time basis.</p><p class="italic">Note: The Chair of the Advisory Group is appointed under clause 3.</p><p class="italic">(2) A person must not be appointed under this clause unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.</p><p class="italic">(3) Before appointing a person under this clause, the Minister must consult with:</p><p class="italic">(a) one or more groups from among each of the following:</p><p class="italic">(i) groups with technical and scientific expertise;</p><p class="italic">(ii) industry and business groups;</p><p class="italic">(iii) environmental groups;</p><p class="italic">(iv) consumer groups;</p><p class="italic">(v) groups representing local government interests; and</p><p class="italic">(b) State and Territory governments.</p><p class="italic">(4) An Advisory Group member appointed under this clause holds office for the period specified in the instrument of appointment. The period must not exceed 3 years.</p><p class="italic">Note: For reappointment, see section 33AA of the <i>Acts Interpretation Act 1901</i>.</p><p class="italic">3 Appointment of Chair of Advisory Group</p><p class="italic">(1) The Minister must appoint a person (other than an Advisory Group member appointed under clause 2) as the Chair of the Advisory Group, by written instrument, on a part-time basis.</p><p class="italic">(2) A person must not be appointed as the Chair of the Advisory Group unless the Minister is satisfied that the person has appropriate qualifications, knowledge or experience.</p><p class="italic">(3) The Minister may, by written instrument, appoint an Advisory Group member to act as the Chair:</p><p class="italic">(a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or</p><p class="italic">(b) during any period, or during all periods, when the Chair:</p><p class="italic">(i) is absent from duty or from Australia; or</p><p class="italic">(ii) is, for any reason, unable to perform the duties of the office.</p><p class="italic">Example: The Chair would be unable to perform the duties of the office if required not to be present during a deliberation by the Advisory Group, and not to take part in any decision of the Advisory Group, under subclause 8(4) or (5) (disclosure of interests to Advisory Group).</p><p class="italic">Note: For rules that apply to acting appointments, see sections 33AB and 33A of the <i>Acts Interpretation Act 1901</i>.</p><p class="italic">4 Remuneration</p><p class="italic">(1) An Advisory Group member is to be paid the remuneration and allowances (if any) that are prescribed by the rules.</p><p class="italic">(2) The office of an Advisory Group member is not a public office within the meaning of the <i>Remuneration Tribunal Act 1973</i>.</p><p class="italic">5 Leave of absence</p><p class="italic">(1) The Chair of the Advisory Group may grant leave of absence to another Advisory Group member on the terms and conditions that the Chair determines.</p><p class="italic">(2) The Minister may grant leave of absence to the Chair of the Advisory Group on the terms and conditions that the Minister determines.</p><p class="italic">6 Procedures of Advisory Group</p><p class="italic">(1) The Advisory Group may determine the way in which it is to perform its function (including when and where it meets and procedures to be followed in relation to its meetings).</p><p class="italic">(2) However, subclause (1) applies subject to any written directions given to the Advisory Group by the Minister for the purposes of this subclause.</p><p class="italic">(3) The Minister must not give directions under subclause (2) about the content of any advice that may be given to the Minister by the Advisory Group.</p><p class="italic">(4) A direction given under subclause (2) is not a legislative instrument.</p><p class="italic">7 Disclosure of interests to the Minister</p><p class="italic">An Advisory Group member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member's functions.</p><p class="italic">8 Disclosure of interests to the Advisory Group</p><p class="italic">(1) An Advisory Group member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the Advisory Group must disclose the nature of the interest to a meeting of the Advisory Group.</p><p class="italic">(2) The disclosure must be made as soon as possible after the relevant facts have come to the member's knowledge.</p><p class="italic">(3) The disclosure must be recorded in the minutes of the meeting of the Advisory Group.</p><p class="italic">(4) Unless the Advisory Group otherwise determines, the Advisory Group member:</p><p class="italic">(a) must not be present during any deliberation by the Advisory Group on the matter; and</p><p class="italic">(b) must not take part in any decision of the Advisory Group with respect to the matter.</p><p class="italic">(5) For the purposes of making a determination under subclause (4), the Advisory Group member:</p><p class="italic">(a) must not be present during any deliberation of the Advisory Group for the purpose of making the determination; and</p><p class="italic">(b) must not take part in making the determination.</p><p class="italic">(6) A determination under subclause (4) must be recorded in the minutes of the meeting of the Advisory Group.</p><p class="italic">9 Resignation</p><p class="italic">(1) An Advisory Group member may resign the member's appointment by giving the Minister a written resignation.</p><p class="italic">(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.</p><p class="italic">10 Termination of appointment</p><p class="italic">(1) The Minister may terminate the appointment of an Advisory Group member:</p><p class="italic">(a) for misbehaviour; or</p><p class="italic">(b) if the member is unable to perform the duties of the member's office because of physical or mental incapacity.</p><p class="italic">(2) The Minister may terminate the appointment of an Advisory Group member if:</p><p class="italic">(a) the member:</p><p class="italic">(i) becomes bankrupt; or</p><p class="italic">(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or</p><p class="italic">(iii) compounds with the member's creditors; or</p><p class="italic">(iv) makes an assignment of the member's remuneration for the benefit of the member's creditors; or</p><p class="italic">(b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Advisory Group; or</p><p class="italic">(c) the member fails, without reasonable excuse, to comply with clause 7 (disclosure of interests to the Minister) or 8 (disclosure of interests to the Advisory Group).</p><p class="italic">11 Other terms and conditions</p><p class="italic">An Advisory Group member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.</p><p>Under the original legislation in 2011, when the Product Stewardship Act went through, it was considered important to have a group of eminent experts and very important stakeholders who could advise the government around its product stewardship schemes and its Product Stewardship Act. While I accept the government has a very good initiative in place with the Product Stewardship Centre of Excellence, which is an initiative by the government, which will look at how to constantly improve product stewardship schemes and how to make them work. It doesn't matter what kind of waste product or waste stream we're talking about, it could be computers, e-waste—Mr Temporary Chair, could you perhaps ask some of the senators to leave the chamber?</p> <p class="speaker">Slade Brockman</p><p>I will ask those senators who are not involved in the debate to please leave the chamber. Take your conversations outside. Senator Whish-Wilson, you have the call.</p> <p class="speaker">Peter Whish-Wilson</p><p>Thank you. It doesn't matter what waste stream we're talking about. It could be solar panels in the future. It could be wind turbines, as Senator Roberts raised in his fantastic contribution. It doesn't matter what kind of product stewardship scheme we're talking about, the centre of excellence, I do believe from what I've heard from speaking to very informed and experienced stakeholders, is a good initiative, and I applaud the government for that. However, the advisory group is independent. It has key and eminent stakeholders. And, while this Senate removed the advisory group from the Product Stewardship Act as part of this government's war on green and red tape, I stood up in the Senate chamber—in fact, it was two Christmases ago, I remember, exactly this week, the night of our Christmas party—and I argued: 'We shouldn't remove this advisory group. They play a very important role in working with government and making sure that product stewardship schemes are independently assessed and that they have that kind of external advice which is important to the department.' So I commend these amendments to the Senate.</p> <p class="speaker">Malcolm Roberts</p><p>I seek just to make a response to Senator Whish-Wilson's comments. Senator Whish-Wilson approached me this morning to discuss his amendments, especially on sheet 1134. I invited him into my office straightaway. We made arrangements. We spent a good deal of time listening to him, and there is some merit in some of the details in his amendments. We also then took a responsible position and invited the government to respond, and we asked them questions. We genuinely analysed and considered and reviewed both positions. In the end, we believe that the Greens amendments will add additional burdens that are not worthy of consideration because they will put an additional 26,000 businesses under enormous paperwork loads, and some retailers, small business people, are already burning the midnight oil. That will hurt small companies and hurt retailers. We also learned that there is a consultative process underway with the government involving state governments and other entities in this country. We will wait for that happen and let it happen properly, and then we'll assess that on its merits. We will let that consultative process continue.</p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>-
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