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2010-2011-2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
LOW AROMATIC FUEL BILL 2012
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments and New Clauses be Moved on Behalf of the Government
(Circulated by the authority of the Minister for Indigenous Health, the Hon
Warren Snowdon MP)
LOW AROMATIC FUEL BILL 2012
OUTLINE
These Government amendments are to a proposed private member's bill, the
Low Aromatic Fuel Bill 2012 sponsored by Australian Greens Senator, Senator
Rachel Siewert.
The Government recognises the devastating impact of petrol sniffing on
young lives and the importance of action to reduce the incidence of petrol
sniffing and its impact on families and communities. In this context these
Government amendments are in keeping with the Bill's object to reduce the
potential harm to the health of people, including Aboriginal persons and
Torres Strait Islanders, living in certain areas from petrol sniffing. The
amendments also provide clarity on a number of technical issues to
facilitate the clearer administration of the Bill.
Section 9 of the Racial Discrimination Act 1975 makes it unlawful to
discriminate on the basis of race and section 10 of that Act provides the
right to equality before the law. Section 8 of that Act also provides for
an exception in the case of special measures under article 1(4) of the
International Convention on the Elimination of Racial Discrimination.
As stated in the Explanatory Memorandum for the Low Aromatic Fuel Bill
2012, this Bill is compatible with human rights because it advances the
right to health of people engaging in petrol sniffing. Furthermore, to the
extent that areas will be designated with a high number of Aboriginal and
Torres Strait Islander residents, the Bill can be considered to be a
special measure and meets the criteria as such. The Government amendments
will further promote this aim.
FINANCIAL IMPACT STATEMENT
The amendments have no financial impact.
LOW AROMATIC FUEL BILL 2012
NOTES ON CLAUSES
Amendment 1: Clause 3 - Guide to this Act
Government amendment 1 amends Clause 3 - Guide to this Act by referring to
the Bill's objective of reducing potential harm to the health of people,
including Aboriginal persons and Torres Strait Islanders, living in certain
areas from sniffing fuel.
This Government amendment strengthens the objective of the Bill in
improving the health of people, including Aboriginal persons and Torres
Strait Islanders, engaging in petrol sniffing. This provision contributes
to making the Bill a special measure for the purpose of Section 8 of the
Racial Discrimination Act 1975.
Amendment 2: Clause 3 - Guide to this Act
Government amendment 2 amends Clause 3 by replacing the sentence "A
corporation must not supply regular unleaded petrol in a low aromatic fuel
area", with the words "prohibiting the supply of regular unleaded petrol in
a low aromatic fuel area."
Amendment 3: Clause 3 - Guide to this Act
Government amendment 3 amends Clause 3 by adding after the sentence "the
Minister may only designate an area as a low aromatic fuel area... if
satisfied that doing so is reasonably likely to reduce potential harm in
that area" the phrase "and if certain other conditions are satisfied."
Amendment 4: Clause 3 - Guide to this Act
Government amendment 4 amends Clause 3 by adding after the sentence "the
Minister may only designate an area as a fuel control area... if satisfied
that doing so is reasonably likely to reduce potential harm in that area"
the phrase "and if certain other conditions are satisfied."
Amendment 5: Clause 4 - Object of this Act
Government amendment 5 amends Clause 4 to provide that the object of this
Bill is to enable special measures to be taken to reduce the potential harm
to the health people, including Aboriginal persons and Torres Strait
Islanders, living in certain areas from sniffing fuel.
Amendment 6: Clause 5 - Dictionary
Government amendment 6 amends Clause 5 - Dictionary to include a definition
of 'Aboriginal person'.
Amendment 7: Clause 5 - Dictionary
Government amendment 7 amends Clause 5 - Dictionary to include a definition
of the term 'fuel'. This amendment will support the clearer administration
of the Bill.
Amendment 8: Clause 5 - Dictionary
Government amendment 8 amends Clause 5 - Dictionary to include a definition
of the term 'low aromatic fuel'. This amendment will support the clearer
administration of the Bill.
Amendment 9: Clause 5 - Dictionary
Government amendment 9 amends Clause 5 - Dictionary to include a definition
of 'Torres Strait Islander'.
Amendment 10: Clause 8 - Prohibition of supplying etc. regular unleaded
petrol in low aromatic fuel areas
Government amendment 10 amends Clause 8 paragraph (2)(b) by replacing the
words "believing that" with "knowing that, or reckless as to whether."
The current Clause 8 paragraph (2)(b) of the proposed Low Aromatic Fuel
Bill 2012 refers to a corporation committing an offence if it transports
regular unleaded petrol "believing that another person intends to supply
any of it to a third person (the recipient)" if the recipient is in a low
aromatic fuel area. The term "believing" is not consistent with the
standard fault elements set out in the Criminal Code Act 1995 (Cth) (the
Criminal Code).
Government amendment 3 ensures the offence provisions in Clause 8(2)(b) are
consistent with the Criminal Code to assist with the clearer administration
of the Bill.
Amendment 11: Clause 11 - Requirements relating to fuels generally for low
aromatic fuel areas and fuel control areas
Government amendment 11 amends Clause 11 by referring to the Bill's
objective of reducing potential harm to the health of people, including
Aboriginal persons and Torres Strait Islanders, living in certain areas
from sniffing fuel.
This Government amendment strengthens the objective of the Bill in
improving the health of people, including Aboriginal persons and Torres
Strait Islanders, engaging in petrol sniffing. This provision contributes
to making the Bill a special measure for the purpose of Section 8 of the
Racial Discrimination Act 1975.
Amendment 12: Clause 13 - Consultation before determining requirements
relating to fuels generally
Government amendment 12 amends Clause 13 - by inserting a new paragraph
13(1)(aa) which adds Aboriginal persons and Torres Strait Islanders or
their representatives to the list of persons and bodies from among whom the
Minister must consult before making a determination under section 11.
This Government amendment strengthens the objective of the Bill in
improving the health of people, including Aboriginal persons and Torres
Strait Islanders, engaging in petrol sniffing. This provision contributes
to making the Bill a special measure for the purpose of section 8 of the
Racial Discrimination Act.
Amendment 13: Clause 14 - Minister may designate low aromatic fuel areas
Government amendment 13 amends Clause 14 by replacing existing subclause
(2) with a new subclause providing that the Minister may only designate an
area as a low aromatic fuel area under subsection (1) if he or she is
satisfied that this is reasonably likely to help reduce potential harm to
the health of people living in that area from sniffing fuel; that there are
adequate facilities or arrangements for the supply of low aromatic fuel to
and within the area; and that the appropriate States and Territories have
not enacted legislation consistent with this Act to reduce the harm of
petrol sniffing.
This Government amendment is in response to recommendation 5 of the Senate
Community Services Legislation Committee Report on their Inquiry into the
Low Aromatic Fuel Bill 2012. The Committee recommended that the Australian
Government continue to consult with relevant state and territory
governments on the possibility of national legislation to ensure that there
is agreed and coordinated action to address petrol sniffing.
Amendment 14: Clause 14 - Minister may designate low aromatic fuel areas
Government amendment 14 amends Clause 14 paragraph (3)(a) by referring to
the Bill's objective of reducing potential harm to the health of people,
including Aboriginal persons and Torres Strait Islanders, living in certain
areas from sniffing fuel.
This Government amendment strengthens the objective of the Bill in
improving the health of people, including Aboriginal persons and Torres
Strait Islanders, engaging in petrol sniffing by extending the offence
provisions to individuals as well as corporations. This provision
contributes to making the Bill a special measure for the purpose of Section
8 of the Racial Discrimination Act 1975.
Amendment 15: Clause 14 - Minister may designate low aromatic fuel areas
Government amendment 15 amends Clause 14 paragraph (3)(b) by referring to
the Bill's objective of reducing potential harm to the health of people,
including Aboriginal persons and Torres Strait Islanders, living in certain
areas from sniffing fuel.
This Government amendment strengthens the objective of the Bill in
improving the health of people, including Aboriginal persons and Torres
Strait Islanders, engaging in petrol sniffing. This provision contributes
to making the Bill a special measure for the purpose of Section 8 of the
Racial Discrimination Act 1975.
Amendment 16: Clause 14 - Minister may designate low aromatic fuel areas
Government amendment 16 amends Clause 14 paragraph (3)(c) by referring to
the Bill's objective of reducing potential harm to the health of people,
including Aboriginal persons and Torres Strait Islanders, living in certain
areas from sniffing fuel.
This Government amendment strengthens the objective of the Bill in
improving the health of people, including Aboriginal persons and Torres
Strait Islanders, engaging in petrol sniffing. This provision contributes
to making the Bill a special measure for the purpose of Section 8 of the
Racial Discrimination Act 1975.
Amendment 17: Clause 14 - Minister may designate low aromatic fuel areas
Government amendment 17 amends Clause 14 paragraph (3)(d) by referring to
the Bill's objective of reducing potential harm to the health of people,
including Aboriginal persons and Torres Strait Islanders, living in certain
areas from sniffing fuel.
This Government amendment strengthens the objective of the Bill in
improving the health of people, including Aboriginal persons and Torres
Strait Islanders, engaging in petrol sniffing. This provision contributes
to making the Bill a special measure for the purpose of Section 8 of the
Racial Discrimination Act 1975.
Amendment 18: Clause 15 - Minister may designate fuel control areas
Government amendment 18 amends Clause 15 by replacing existing Subclause
(2) with a new subclause providing that the Minister may only designate an
area as a fuel control area under Subsection (1) if he or she is satisfied
that this is reasonably likely to help reduce potential harm to the health
of people living in that area from sniffing fuel; that there are adequate
facilities or arrangements for the supply of low aromatic fuel to and
within the area; and that the appropriate States and Territories have not
enacted legislation consistent with this Act to reduce the harm of petrol
sniffing.
This Government amendment is in response to recommendation 5 of the Senate
Community Services Legislation Committee Report on their Inquiry into the
Low Aromatic Fuel Bill 2012. The Committee recommended that the
Australian Government continue to consult with relevant state and territory
governments on the possibility of national legislation to ensure that there
is agreed and coordinated action to address petrol sniffing.
Amendment 19: Clause 15 - Minister may designate fuel control areas
Government amendment 19 amends Clause 15 paragraph (3)(a) by referring to
the Bill's objective of reducing potential harm to the health of people,
including Aboriginal persons and Torres Strait Islanders, living in certain
areas from sniffing fuel.
This Government amendment strengthens the objective of the Bill in
improving the health of people, including Aboriginal persons and Torres
Strait Islanders, engaging in petrol sniffing. This provision contributes
to making the Bill a special measure for the purpose of Section 8 of the
Racial Discrimination Act 1975.
Amendment 20: Clause 15 - Minister may designate fuel control areas
Government amendment 20 amends Clause 15 paragraph (3)(b) by referring to
the Bill's objective of reducing potential harm to the health of people,
including Aboriginal persons and Torres Strait Islanders, living in certain
areas from sniffing fuel.
This Government amendment strengthens the objective of the Bill in
improving the health of people, including Aboriginal persons and Torres
Strait Islanders, engaging in petrol sniffing. This provision contributes
to making the Bill a special measure for the purpose of Section 8 of the
Racial Discrimination Act 1975.
Amendment 21: Clause 15 - Minister may designate fuel control areas
Government amendment 21 amends Clause 15 paragraph (3)(c) by referring to
the Bill's objective of reducing potential harm to the health of people,
including Aboriginal persons and Torres Strait Islanders, living in certain
areas from sniffing fuel.
This Government amendment strengthens the objective of the Bill in
improving the health of people, including Aboriginal persons and Torres
Strait Islanders, engaging in petrol sniffing. This provision contributes
to making the Bill a special measure for the purpose of Section 8 of the
Racial Discrimination Act 1975.
Amendment 22: Clause 15 - Minister may designate fuel control areas
Government amendment 22 amends Clause 15 paragraph (3)(d) by referring to
the Bill's objective of reducing potential harm to the health of people;
including Aboriginal persons and Torres Strait Islanders, living in certain
areas from sniffing fuel.
This Government amendment strengthens the objective of the Bill in
improving the health of people, including Aboriginal persons and Torres
Strait Islanders, engaging in petrol sniffing. This provision contributes
to making the Bill a special measure for the purpose of Section 8 of the
Racial Discrimination Act 1975.
Amendment 23: Clause 16 - Consultation before designating low aromatic fuel
areas and fuel control areas
Government amendment 23 amends Clause 16 - by inserting a new paragraph
16(1)(aa) which adds Aboriginal persons and Torres Strait Islanders or
their representatives to the list of persons and bodies from among whom the
Minister must consult before designating an area under section 14 or 15.
This Government amendment strengthens the objective of the Bill in
improving the health of people, including Aboriginal persons and Torres
Strait Islanders, engaging in petrol sniffing. This provision contributes
to making the Bill a special measure for the purpose of section 8 of the
Racial Discrimination Act.
Amendment 24: Clause 17 - Minister may exempt conduct in relation to low
aromatic fuel areas and fuel control areas
Government amendment 26 amends Subclause 17(1) by replacing existing
paragraph (b) with a new paragraph providing that the Minister may exempt
specified conduct, if the exemption is for the purposes of Subsections
8(4), 10(2) or 12(2), only if he or she is satisfied, amongst other
requirements, that it is unlikely that the wellbeing of people - including
Aboriginal persons and Torres Strait Islanders - will be adversely affected
by the exemption.
This Government amendment strengthens the objective of the Bill in
improving the health of people, including Aboriginal persons and Torres
Strait Islanders, engaging in petrol sniffing. This provision contributes
to making the Bill a special measure for the purpose of Section 8 of the
Racial Discrimination Act.
The amendment also provides that the Minister may exempt specified conduct,
if the exemption is for the purposes of subsection 8(4), only if he or she
is satisfied, amongst other requirements, that the exemption is necessary
because of the unavailability or likely unavailability of low aromatic
fuel.
Amendment 25: Clause 18A - Acquisition of property
Government Amendment 25 provides that the Bill or any instrument made under
the Bill will not apply to the extent that it would result in an
acquisition of property otherwise than on just terms (within the meaning of
paragraph 51(xxxi) of the Constitution). The intention of this amendment is
to protect existing agreements for the supply and distribution of fuel that
were entered into prior to the enactment of the legislation.
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