All changes made to the description and title of this
division.
View division
|
Edit description
| Change |
Division |
|
senate vote 2024-05-16#26
Edited by
mackay staff
on
2024-11-03 16:40:15
|
Title
Bills — Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Bill 2024; Second Reading- Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Bill 2024 - Committee of the whole - Consultation and sunsetting
Description
<p class="speaker">Sue Lines</p><p>The question now is that amendment (1) on sheet SK114 and the amendment on sheet SK115 be agreed to.</p>-
- The majority voted in favour of a [motion](https://www.openaustralia.org.au/senate/?gid=2024-05-16.211.1) that [subsections 790E(1A) to (1D) and (6)](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr7149_third-reps%2F0002;query=Id%3A%22legislation%2Fbills%2Fr7149_third-reps%2F0000%22;rec=0) in item 6 of schedule 2 stand as printed. This division was put after the opposition moved that:
- > *(2) Schedule 2, item 6, page 61 (line 23) to page 63 (line 2), subsections 790E(1A) to (1D) to be opposed.*
- >
- > *(3) Schedule 2, item 6, page 64 (lines 10 to 21), subsection 790E(6) to be opposed.*
- ### Text of subsections 790E(1A)-(1D) and (6)
- > *790E Approval under Environment Protection and Biodiversity Conservation Act 1999 —interaction with this Act and Environment Regulations*
- >
- > *Consultation with Environment Minister etc.*
- >
- > *(1A) Before the Governor-General makes regulations (the designated regulations ) that amend or replace regulations (the prescribed regulations ) that are prescribed for the purposes of paragraph (1)(a), the Minister must:*
- >
- >> *(a) be satisfied that the designated regulations would not be inconsistent with the principles of ecologically sustainable development set out in section 3A of the Environment Protection and Biodiversity Conservation Act 1999 ; and*
- >>
- >> *(b) consult with the Environment Minister about the designated regulations; and*
- >>
- >> *(c) have received notice from the Environment Minister that:*
- >>
- >>> *(i) the Environment Minister is satisfied that the designated regulations would not be inconsistent with the principles of ecologically sustainable development set out in section 3A of the Environment Protection and Biodiversity Conservation Act 1999 ; or*
- >>>
- >>> *(ii) the Environment Minister is not satisfied that the designated regulations would not be inconsistent with the principles of ecologically sustainable development set out in section 3A of the Environment Protection and Biodiversity Conservation Act 1999.*
- >
- > *(1B) If subparagraph (1A)(c)(ii) applies in relation to the designated regulations, the designated regulations, and any subsequent compilation (within the meaning of the Legislation Act 2003 ) of the prescribed regulations, must:*
- >
- >> *(a) specify that subparagraph (1A)(c)(ii) applies in relation to the designated regulations; and*
- >>
- >> *(b) contain a statement setting out the effect of paragraph (1C)(b).*
- >
- > *(1C) If subparagraph (1A)(c)(ii) applies in relation to the designated regulations, then:*
- >
- >> *(a) if a provision of the designated regulations would, apart from this paragraph, commence earlier than 28 days after the day the designated regulations are registered on the Federal Register of Legislation—the provision commences at the start of that 28th day; and*
- >>
- >> *(b) subsection (1) does not apply in relation to conduct engaged in in relation to a relevant action on or after the earliest day on which any of the provisions of the designated regulations commence.*
- >
- > *(1D) None of the following affect the validity or enforceability of regulations made under this Act:*
- >
- >> *(a) a failure to comply with paragraph (1A)(a) or (b);*
- >>
- >> *(b) the fact that notice mentioned in paragraph (1A)(c) is not given;*
- >>
- >> *(c) if subparagraph (1A)(c)(ii) applies in relation to particular designated regulations—that fact.*
- >
- > *Sunsetting*
- >
- > *(6) Subsection (1) does not apply in relation to conduct engaged in in accordance with regulations (the designated regulations ) if:*
- >
- >> *(a) other regulations are prescribed for the purposes of paragraph (1)(a) (the prescribed regulations ); and*
- >>
- >> *(b) the designated regulations amended or replaced some or all of the prescribed regulations; and*
- >>
- >> *(c) all of the provisions of the designated regulations commenced after the end of the period of 12 months starting on the day the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Act 2024 receives the Royal Assent.*
<p class="italic"> <i>Government's circulated amendments—</i></p><p class="italic">SHEET SK114</p><p class="italic">(1) Clause 2, page 2 (table item 4), omit the table item, substitute:</p><p class="italic">_____</p><p class="italic">SHEET SK115</p><p class="italic">(1) Schedule 1, item 130, page 53 (after line 18), after clause 88D, insert:</p><p class="italic">88E Extended meaning of <i>employee</i> and <i>employer</i></p><p class="italic">For the purposes of clauses 88 to 88D, if:</p><p class="italic">(a) a person carries on an activity at a facility; and</p><p class="italic">(b) an individual is a contractor of the person;</p><p class="italic">the person is taken to be an <i>employer</i> and the individual is taken to be an<i>employee</i> of the person.</p><p>Question agreed to.</p><p>The Australian Greens have circulated amendments on sheet 2425 revised that are identical to the government amendments that we just dealt with. I will therefore not put the question on those amendments. I will now deal with the amendments circulated by the opposition on sheet 2490. The question is that subsections 790E(1A) to (1D) and subsection 790E(6) in item 6 of schedule 2 stand as printed.</p><p> <i>The opposition opposed item 6 of schedule 2 in the following terms</i> <i></i></p><p class="italic">(2) Schedule 2, item 6, page 61 (line 23) to page 63 (line 2), subsections 790E(1A) to (1D) to be opposed.</p><p class="italic">(3) Schedule 2, item 6, page 64 (lines 10 to 21), subsection 790E(6) to be opposed.</p><p></p><p></p> -
-
|