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senate vote 2024-06-26#9
Edited by
mackay staff
on
2024-07-20 16:10:34
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Title
Bills — Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024; in Committee- Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Bill 2024 - in Committee - Evidential burden of proof & periodic reporting by minister
Description
<p class="speaker">Andrew McLachlan</p><p>We now come to amendment 11. The question now is that section 42DZ in item 27 of schedule 1 standard as printed.</p>-
- The majority voted against [Opposition amendments](https://www.openaustralia.org.au/senate/?gid=2024-06-26.118.1) on sheets 2586 and 2587, which means they failed.
- ### Amendment text
- *SHEET 2586*
- > *(1) Schedule 1, item 11, page 21 (line 13), omit "or subsection (9)".*
- >
- > *(2) Schedule 1, item 11, page 21 (after line 14), after subsection 41QD(6), insert:*
- >
- >> *Evidential burden of proof*
- >>
- >> *(6A) Despite subsection 13.3(3) of the Criminal Code and section 41QE of this Act a person does not bear an evidential burden in relation to the matters in subsection (9).*
- *SHEET 2587*
- > *(1) Schedule 1, item 11, page 26 (after line 17), insert:*
- >
- >> *Division 3 — Periodic reporting by Minister*
- >>
- >> *41RE Periodic report on smoking and vaping rates*
- >>
- >> *(1) As soon as practicable after the end of each reporting period, the Minister must cause a report to be prepared on smoking and vaping rates in Australia.*
- >>
- >> *(2) As soon as practicable after the completion of a report, the persons who prepared the report must give the report to the Minister.*
- >>
- >> *(3) The Minister must cause each report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.*
- >>
- >> *(4) The Minister must be satisfied that each report was prepared in collaboration with such Commonwealth, State and Territory agencies as the Minister considers appropriate.*
- >>
- >> *(5) In this section:*
- >>
- >>> *reporting period means:*
- >>>
- >>> *(a) the period of 6 months beginning on the day this section commences; or*
- >>>
- >>> *(b) each subsequent 6-month period.*
- >>>
- >>> *Note: The Illicit Tobacco and E-cigarette Commissioner must prepare reports on enforcement statistics, and analysis of those statistics, relating to the illicit tobacco and e-cigarette trade in Australia, including detections and seizures of illicit tobacco and e-cigarette products, and associated arrests. Reports must be prepared every 12 months and tabled in both Houses of the Parliament. See Chapter 6A of the Public Health (Tobacco and Other Products) Act 2023.*
<p> <i>Government </i> <i>opposed</i> <i>section 42DZ in item 27 of schedule 1</i> <i> in the following terms</i> <i></i></p><p class="italic">(11) Schedule 1, item 27, page 29 (line 8) to page 30 (line 3), section 42DZ to be opposed.</p><p>Question negatived.</p><p>The question now is that the opposition amendments on sheets 2586 and 2587 be agreed to.</p><p class="italic"> <i>Opposition amendments—</i></p><p class="italic">SHEET 2586</p><p class="italic">(1) Schedule 1, item 11, page 21 (line 13), omit "or subsection (9)".</p><p class="italic">(2) Schedule 1, item 11, page 21 (after line 14), after subsection 41QD(6), insert:</p><p class="italic"> <i>Evidential burden of proof</i></p><p class="italic">(6A) Despite subsection 13.3(3) of the <i>Criminal Code </i>and section 41QE of this Act a person does not bear an evidential burden in relation to the matters in subsection (9).</p><p class="italic">_____</p><p class="italic">SHEET 2587</p><p class="italic">(1) Schedule 1, item 11, page 26 (after line 17), insert:</p><p class="italic">Division 3 — Periodic reporting by Minister</p><p class="italic">41RE Periodic report on smoking and vaping rates</p><p class="italic">(1) As soon as practicable after the end of each reporting period, the Minister must cause a report to be prepared on smoking and vaping rates in Australia.</p><p class="italic">(2) As soon as practicable after the completion of a report, the persons who prepared the report must give the report to the Minister.</p><p class="italic">(3) The Minister must cause each report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.</p><p class="italic">(4) The Minister must be satisfied that each report was prepared in collaboration with such Commonwealth, State and Territory agencies as the Minister considers appropriate.</p><p class="italic">(5) In this section:</p><p class="italic"><i>reporting period</i> means:</p><p class="italic">(a) the period of 6 months beginning on the day this section commences; or</p><p class="italic">(b) each subsequent 6-month period.</p><p class="italic">Note: The Illicit Tobacco and E-cigarette Commissioner must prepare reports on enforcement statistics, and analysis of those statistics, relating to the illicit tobacco and e-cigarette trade in Australia, including detections and seizures of illicit tobacco and e-cigarette products, and associated arrests. Reports must be prepared every 12 months and tabled in both Houses of the Parliament. See Chapter 6A of the <i>Public Health (Tobacco and Other Products) Act 2023</i>.</p><p></p><p></p> -
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