Coalition Dissenting Report

Criminal sanctions

Coalition Senators note concerns raised by Lighting Council Australia in respect of these bills in relation to criminal sanctions[1] and note also assurances given by the Department of Climate Change and Energy Efficiency[2] in response to the committee’s request.

These assurances include an excerpt of a draft GEMS Enforcement Policy incorporating a GEMS enforcement pyramid.

Coalition Senators, however, intend during Parliamentary debate to seek assurances from the Government reflecting the assurances offered by the Department and believe that such a proportionate approach should ideally be embodied within the legislation.

Coalition Senators note also the numerous issues and concerns in respect of an individual’s personal rights and liberties raised by the Senate Scrutiny of Bills Committee.[3]

Coalition Senators are deeply concerned that the Minister is yet to respond to these issues and believe that the bills should not be further considered at least until such a response is forthcoming.

Provision of sales data

Coalition Senators are not persuaded by the arguments presented by the Department of Climate Change and Energy Efficiency to justify powers requiring the provision of sales data,[4] which were also raised as areas of concern by Lighting Council Australia.[5]

While the concerns of Lighting Council Australia focused predominantly on the importance to maintain confidentiality of such commercial data, the concerns of Coalition Senators are broader.

Coalition Senators are increasingly concerned at the heavy burden of regulation and red tape being imposed on business across all areas of government. In the absence of more compelling reasons than those provided, Coalition Senators believe the provisions of this bill are excessive and would add an unnecessary potential burden on business that is not warranted by the claimed benefits to government.

For these reasons, Coalition Senators believe sections of the bills relating to the conferral of powers requiring the provision of sales data should be opposed.

Recommendation 1

That these bills should not be further considered until such time as the Minister or Government respond to concerns highlighted by the Senate Scrutiny of Bills Committee.

Recommendation 2

That, in any future consideration of these bills, sections relating to the conferral of powers requiring the provision of sales data should be opposed.

Senator Simon Birmingham                                 Senator Bridget McKenzie

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