Senator JACINTA COLLINS (Victoria—Manager of Government Business in the Senate and Parliamentary Secretary for School Education and Workplace Relations) (15:39): I give notice that, on the next day of sitting, I shall move: That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings: Australian Capital Territory (Self-Government) Amendment Bill 2013 Export Finance and Insurance Corporation Amendment (Finance) Bill 2013 Export Market Development Grants Amendment Bill 2013 Higher Education Support Amendment (Further Streamlining and Other Measures) Bill 2013 National Disability Insurance Scheme Bill 2013 Royal Commissions Amendment Bill 2013 Tax Laws Amendment (2012 Measures No. 6) Bill 2012. I table statements of reasons justifying the need for these bills to be considered during these sittings and seek leave to have the statements incorporated in Hansard. Leave granted. The statements read as follows— STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN SITTINGS AUSTRALIAN CAPITAL TERRITORY (SELF GOVERNMENT) AMENDMENT BILL Purpose of the Bill The bill amends the Australian Capital Territory (Self Government) Act 1988 (the Act) to change the process by which the ACT Legislative Assembly (the Assembly) can alter the number of members of the Assembly. The proposal will extinguish the Commonwealth’s role in the process and legislate to provide the Assembly with the power to fulfil this function. Reasons for Urgency Passage of the bill in the 2013 Autumn sittings would allow the Assembly to make the necessary amendments to ACT legislation to facilitate a change in the size of the Assembly in the ACT’s Centenary year, 2013. In his July 2011 report of the independent review of the National Capital Authority, Dr Allan Hawke commented that, ‘at a combined state and local government level, representation in the ACT is 1:14,285 compared to Tasmania at 1:1,110 and the Northern Territory at 1:685.’ The Australian Government agrees with the view of Dr Hawke and other constitutional experts that ACT citizens are significantly under represented today in comparison with the rest of Australia and that the year in which Canberra celebrates its Centenary is an appropriate time for this to be remedied. To ensure that citizens of the ACT are not disadvantaged by their under representation and to ensure robust and accountable democratic processes in the ACT, including a high standard of parliamentary debate, a legislative program covering a range of complex issues and an active committee process, there is a compelling case for increasing the size of the Assembly as soon as practicable. The Assembly is a mature parliament and it is the view of the Australian Government that it is appropriate that it takes on the responsibility for both determining the number of members needed to ensure its efficient functioning and the mechanism with which the size of the Assembly is altered. STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN SITTINGS EXPORT FINANCE AND INSURANCE CORPORATION AMENDMENT (FINANCE) BILL Purpose of the Bill Amendments to the Export Finance and Insurance Corporation Act 1991 (EFIC Act) are required to implement a 2012-13 Budget decision. The EFIC Act will be amended to: provide the Trade Minister with the power (under Part 8 of the EFIC Act) to direct the EFIC Board to pay additional dividends to the Government; and provide the Trade Minister with a power (under Part 8 of the EFIC Act) to increase the value of EFIC’s callable capital, after seeking the agreement of the Prime Minister, the Treasurer and the Minister for Finance and Deregulation. Reasons for Urgency The 2012-13 Budget included a revenue measure requiring EFIC to pay a $200 million special dividend from excess capital reserves to the Government in 2012-13. The bill needs to be introduced and passed in the 2013 Autumn sitting period to enable the EFIC Board to make the special dividend payment by 30 June 2013. A revenue gain of $200 million will not be realised in 2012-13 if the bill is not dealt with in the 2013 Autumn sittings. STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN SITTINGS EXPORT MARKET DEVELOPMENT GRANTS AMENDMENT BILL Purpose of the Bill This bill delivers on a 2012-13 Mid-Year Economic and Fiscal Outlook (MYEFO) decision to strengthen the focus of the Export Market Development Grants (EMDG) scheme to East Asian, frontier and emerging markets. The bill will amend the EMDG Act to reduce the number of grants payable for marketing expenditure in the United States, Canada and the European Union to the applicant’s first five grants, and to extend the maximum number of grants payable to eight (up from seven) for all other markets. This change brings the EMDG scheme more in line with Austrade’s broader trade priorities, including its new emphasis on frontier and emerging markets, and the Government’s Asian Century policy agenda. The bill also seeks to change the way EMDG administrative expenditure is determined to bring this aspect of the program more in line with other grants based programs. The bill will transition from an administrative budget that is set in legislation as a proportion of overall EMDG program funding to one set through a Ministerial Determination. Reasons for Urgency Delaying passage of this bill would cause unnecessary uncertainty for small businesses which need time to plan for the new eligibility arrangements which become operational on 1 July 2013. Gaining passage in the Autumn sittings would give small businesses time to plan their 2013-14 marketing strategies and for Austrade to promote the new rules. The MYEFO decision and associated policy changes in this Bill will support $25 million in savings per annum across the forward estimates, including in 2012-13. STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN SITTINGS HIGHER EDUCATION SUPPORT AMENDMENT (FURTHER STREAMLINING AND OTHER MEASURES) BILL Purpose of the Bill The proposed amendments to the Higher Education Support Act 2003 will give effect to the second tranche of VET FEE-HELP redesign measures. The amendments are in direct response to recommendations made in the Post Implementation Review of the VET FEE-HELP Assistance Scheme Final Report September 2011 and extensive stakeholder consultations. The proposed amendments give effect to a number of measures to enhance and strengthen the quality and accountability frameworks underpinning FEE-HELP and VET FEE-HELP. Specifically, the enhancements strengthen suspension, revocation and compliance actions to improve protection of students and public monies. The proposed amendments also provide for more efficient administrative arrangements for approved providers. Reasons for Urgency Introduction and passage of the amendments is necessary by April 2013 to allow implementation of the second tranche of VET FEE-HELP redesign measures. The staged implementation of the VET FEE-HELP redesign will commence from January 2013. The redesign measures incorporate Government commitments made under the 2012 National Partnership Agreement on Skills Reform and are consistent with the regulation impact statement (No. 13621). A delay in the amendments will impact on initiatives to improve provider and student participation in FEE-HELP and VET FEE-HELP. STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN SITTINGS NATIONAL DISABILITY INSURANCE SCHEME BILL 2013 Purpose of the Bill This Bill establishes the framework for the National Disability Insurance Scheme and the National Disability Insurance Scheme Launch Transition Agency (the Agency). This will enable the scheme to be launched, and the Agency to operate the launch, in five sites across Australia from July 2013. The first stage of the scheme will benefit more than 20,000 people with disability, their families and their carers living in South Australia, Tasmania, the Australian Capital Territory, the Hunter in New South Wales, and the Barwon area of Victoria. Reasons for Urgency Passage of this Bill in the 2013 Autumn sittings is necessary for the scheme to be launched from mid-2013, as announced and now widely anticipated. This primary legislation needs to be enacted before important operational matters can be put into place through subordinate legislation well ahead of the launch date. These formal processes are necessary for key launch activities such as employing and training staff of the Agency, and finalising communications to stakeholders and groups representing potential participants and their families and carers. STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN PARLIAMENTARY SITTINGS ROYAL COMMISSIONS AMENDMENT BILL Purpose of the Bill The bill would amend the Royal Commissions Act 1902 to (i) allow for victims and witnesses seeking to participate in the Royal Commission into Institutional Responses to Child Sexual Abuse to present their account to a Commissioner, other than under oath or affirmation, of an incident of child sexual abuse and other related unlawful or improper treatment, (ii) permit a single member of a multi-member Commission to take evidence at a hearing, and (iii) to make some minor amendments. Reasons for Urgency On 11 January 2013, the Governor-General issued Letters Patent to appoint Commissioners and establish the Royal Commission into Institutional Responses to Child Sexual Abuse. The Government is seeking to have the measures in the bill in place to assist the Commission to commence its public work. As the amendment proposals will be important to the conduct and management of the Royal Commission, these amendments should commence as soon as possible. STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2013 AUTUMN SITTINGS TAX LAWS AMENDMENT (2012 MEASURES NO. 6) BILL 2012 Purpose of the Bill The Bill: amends the tax treatment of native title transactions; adds certain organisations as deductible gift recipients; includes geothermal exploration as deductible expenditure; allows managed investment trusts (MITs) to continue not applying the trust streaming provisions for the 2012-13 and 2013-14 income years; means tests the net medical expenses tax offset; clarifies the definition of limited recourse debt to ensure that the definition operates as originally intended; removes the concessional treatment for various in-house fringe benefits accessed by way of salary sacrifice arrangements; and makes miscellaneous amendments to ensure that taxation laws operate as intended and make general improvements to usability of the tax laws. Reasons for Urgency The reasons for urgency: The native title measure commences from Royal Assent but applies in relation to income years starting on or after 1 July 2008, and, in relation to capital gains tax, to events happening on or after 1 July 2008. Early passage of the measure will provide certainty for native title groups and industry. The deductible gifts measure has effect from as early as 26 September 2011 for one deductible gift recipient. Broadly the geothermal exploration measure is effective from 1 July 2012. The MITs measure applies in relation to the 2012-13 and 2013-14 income years. The net medical tax offset measure was announced in the 2012-13 Budget and commences from 1 July 2012. The limited recourse debt measure applies in relation to debt arrangements terminated at or after 7.30 pm, AEST in the Australian Capital Territory on 8 May 2012. The in-house fringe benefits measure applies to benefits provided on or after 22 October 2012. The measure needs to be enacted by 31 March 2013 to align with the fringe benefits tax year. If it is not passed by 31 March 2013 there will be uncertainty for employers in complying with their FBT obligations for the year ending 31 March 2013. The miscellaneous amendments commence from various dates, with some commencing from 1 July 2007.