Government Legislative Agenda – Spring 2010 Sittings

Facilitate the Australian Fisheries Management Authority making co-management arrangements with stakeholders in Commonwealth fisheries.

Increase the cap on the research and development component of the laying chickens levy from 10 to 30 cents per laying chicken.

Strengthen the existing legislative framework surrounding Australia’s international and domestic aviation security regime.

Encourage the resolution of civil disputes outside of the courts and seek to improve access to justice by focusing parties and their lawyers on the early resolution of disputes.

Improve the ability of the Australian Crime Commission to deal with serious misconduct by staff and make a range of amendments to strengthen law enforcement agencies’ powers to gather, examine and use evidence to investigate and prevent the commission of criminal offences.

Enhance the focus on human rights in the Parliament scrutiny and inquiry processes, including through the establishment of a new Joint Parliamentary Committee on Human Rights.

Introduce new identity crime offences, enhance the administration of justice offences and address administrative issues for the Australian Federal Police and the Commonwealth Director of Public Prosecutions.

Implement the Government’s response to reviews of Australian national security and counter-terrorism legislation.

Provide for a new ‘future acts’ process to allow for the construction of housing and associated infrastructure on Indigenous held land which is, or may be, subject to native title.

Introduce a new scheme, allowing the States and Territories to register certain court imposed fines in the State or Territory where the defendant is present. These fines can then be enforced by that State or Territory according to its laws.

Establish a stand-alone Age Discrimination Commissioner in the Australian Human Rights Commission and amend the Sex Discrimination Act 1984 to include additional protections.

Enable greater cooperation and assistance within the law enforcement and intelligence communities and enhance information and intelligence sharing among Australia’s national security community.

Introduce a merit based selection process for the appointment of non executive directors to the ABC and SBS Boards and reinstate the position of staff-elected Director on the ABC Board.

Improve the efficiency of the radiofrequency spectrum management regulatory framework by providing the Australian Communications and Media Authority with greater flexibility in when it can commence processes for re issuing spectrum licences.

Enhance the security of Defence bases, facilities, assets and personnel within Australia in a response to the changing nature of security threats.

Reduce the annual Child Care Rebate cap to $7500 and pause indexation for four years from 1 July 2010.

Amend the Higher Education Support Act 2003 to improve access to amenities, services, representation and advocacy for Australian university students.

Establish a legislative framework to increase recognition and awareness of informal carers and acknowledge the valuable contribution they make to society.

Simplify the financial management framework and streamline internal Australian Government administration; repeal unused special appropriations and Special Accounts; and update, clarify and align other financial management, governance and reporting provisions.

Establish the Australian Civilian Corps, and create a legal framework for the employment and management of Australian Civilian Corps employees.

Strengthen Australia’s autonomous sanctions regime by allowing greater flexibility in the range of measures Australia can implement, thus ensuring Australia’s autonomous sanctions match the scope and extent of measures implemented by like-minded countries.

Establish the Australian National Preventive Health Agency to provide evidence based policy advice to governments on preventive health, and to implement associated programs as tasked by Health Ministers.

Remove duplication of work undertaken by the Australian Pesticides and Veterinary Medicines Authority and Food Standards Australia New Zealand in developing maximum residue limits of agricultural and veterinary chemicals allowed to be present in food.

Give effect to a package of reforms designed to consolidate and build on earlier PBS reforms, which commenced in August 2007, including by reforming the PBS pricing arrangements for multiple brand medicines that are subject to competition in the market place.

Establish the Australian Commission for Safety and Quality in Health Care and provide a framework for its establishment, including an expanded role in setting national clinical standards and strengthened clinical governance.

Make a range of amendments to the Therapeutic Goods Act 1989 to improve the regulation of therapeutic goods in Australia.

Amend the Airports Act 1996 to require additional criteria to be included in airport master plans; require any proposed significant development to undertake certain processes; and prohibit certain developments which are incompatible with the operation of an airport site.

Provide for progressive reductions of sulphur content of fuel oil used in ships and provide legal protection for persons taking reasonable measures to prevent or minimise the effects of bunker oil pollution.

Narrow the circumstances in which some offence provisions may apply; provide for a new offence about letting for hire or loan unverified measuring instruments; replace monetary penalties with penalty units; provide for the Chief Metrologist to determine various technical standards and procedures.

Provide that partnerships are eligible to apply for a tradex order; and remove transitional arrangements relating to the Texco Scheme.

Implement reforms to Norfolk Island’s administration and governance to improve accountability and transparency in administrative action and financial matters; and implement reforms to Christmas Island’s and the Cocos (Keeling) Islands’ administration and governance to improve efficiency and clarity.

Amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006 in relation to: including in the functions of the National Offshore Petroleum Safety Authority regulation of non-occupational health and safety structural integrity for facilities, wells and well-related equipment; multiple titleholders of petroleum titles; strict liability offences; and occupational health and safety duties of titleholders.

Enable safety levies relating to pipelines in designated coastal waters to be collected in certain states and the Northern Territory.

Amend the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 in relation to: establishing a civil penalties regime; powers of inspectors; evidential material procedures; and funding from the Ozone Account.

Provide that a Water Efficiency Labelling Scheme (WELS) standard may require a product to comply with certain requirements relating to plumbing before the product can be registered as a WELS product.

Improve the access to share registers regime and the Australian Securities and Investments Commission’s investigative powers.

Reverse the effect of the High Court decision in Sons of Gwalia Ltd v Margaretic relating to the rights of persons bringing claims for damages in relation to shareholdings.

Give the force of law to the Second Protocol amending the Agreement between the Government of the Commonwealth of Australia and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income as amended by the Protocol of 15 October 1989.

Replace the existing research and development (R&D) tax concession with a 45 per cent refundable R&D tax offset for eligible entities with a turnover of less than $20 million, and a non-refundable 40 per cent R&D tax offset for all other entities.

Amend superannuation legislation, including to: facilitate state and territory authorities and public sector superannuation schemes paying unclaimed superannuation moneys to the Commissioner of Taxation and enable the Commissioner to accept and subsequently pay out such amounts; provide transitional relief for income tax deductibility of total and permanent disability insurance premiums paid by superannuation funds; allow the trustee of a regulated superannuation fund to acquire an asset in specie from a related party of the fund following a relationship breakdown, and also ensure equitable application of the transitional arrangements in relation to in-house assets where an asset transfer occurs as a result of a relationship breakdown.

Amend taxation legislation, including to: amend the GST third party payment adjustment provisions to remove an opportunity to use third party payments to artificially reduce GST liabilities in certain situations; align the requirements of the scrip for scrip roll-over with the requirements of the Corporations Act regulating takeovers and schemes of arrangement; amend the gift provisions to extend deductible gift recipient support to volunteer fire brigades; add certain organisations as specifically listed deductible gift recipients (including the Mary MacKillop Canonisation Gift Fund); and increase the threshold above which a taxpayer may claim the net medical expenses tax offset (the claim threshold) to $2000 and commence annually indexing the claim threshold to the consumer price index, with effect from 1 July 2010.

Establish a framework to protect the confidentiality of taxpayer information by placing a general prohibition on the disclosure of taxpayer information except in certain specified circumstances.

Give effect to a number of minor measures and technical amendments.