Sunscreen (Product Safety Standard) Bill

Madam Chair, I seek leave for all provisions to be taken as one question.

CHAIRPERSON (Hon Jacqui Dean): Leave is sought for that course of action. Is there any objection? There is none. The question is that clauses 1 to 5 and Schedule 1 stand part.

This is very good, thank you for your kind gesticulation to assist me through this process, which I’d have to say has turned up slightly quicker than expected. That was a very speedy committee stage in the previous bill. For those hoping the same speed will occur in this one, I think we’ll be close to that but perhaps not as fast.

Look, as the member who has promoted this bill from the start, I think it is appropriate just to spend a few moments reflecting on the clauses that changed when this bill was reported back from the select committee, which was a good process and I touched on that in the second reading. Dr Liz Craig chaired it, a lot of cross-party support, and really good questioning of the significant number of submitters, actually, nearly all of whom were in favour to ensure we get a bill that works within the relatively narrow constrains of the ambition, frankly, that I put on the table when I put the member’s bill in place in the first stage.

The key changes were in Schedule 1 and clause 3, in the interpretations. A significant rewording of the definition of sunscreen product—I won’t go through it; it’s listed there in both 3A and 3B. The key point here is we made sure that the wording was aligned with the Australia and New Zealand shared standard. We didn’t want a scenario where you have a joint Australia and New Zealand standard which have specific definitions with respect to sunscreen that was then different in this bill, so the wording there is now aligned.

The second big change—which was quite a step forward for us, and one that I was very, very happy to support—is rather than the original clause 5, which required the Minister of Commerce and Consumer Affairs to make regulations that gave effect to sunscreen products or product safety improvements of those products, we now have a specific clause 5 which has the product safety standard for sunscreen products treated as if it was a product safety standard under section 29 of the Act. This is significant, it gives the Minister of Commerce and Consumer Affairs greater confidence that those who manage the Fair Trading Act can, if they see breaches, be able to move quickly, because those breaches will be an explicit breach of a product safety standard which is in section 29 of the Act.

The other key addition here is that the joint shared standards between Australia and New Zealand do change—they change over time when both countries agree that more additions, more clarifications, improved specifications need to be captured in those standards—and it makes it very clear that the Minister has the regulatory power to ensure that the product safety standard, now treated as if it is a product safety standard under section 29 of the Fair Trading Act, can actually change with those changes.

The other, last change was one that we debated for quite some time as a committee, and ultimately we agreed that this was the fairest way forward, although every one of us on the committee felt that it erred on the side of being generous. What that is is in Schedule 1, Part 1; it, essentially, gives existing products that have been manufactured or imported before this comes into effect—which is six months after Royal assent—12 months to ensure that the product is no longer in the supply chain and on the shelves. Now, we argued that, frankly, all those who provide sunscreen to New Zealanders should be meeting the standard right now and not need a transitional arrangement to get it to standard. We were ultimately swayed by the argument of those in the sector that said that, actually, there would be a significant cost to getting it out earlier. It was a judgment—personally I would have preferred a sharper incentive; however, this is where we have landed. Of course, as with all these things, it’s a negotiation to ensure that you get an outcome which gets it to second reading, committee stage, and then through the House for third reading support.

I would like to now turn to the Supplementary Order Paper which I’ve tabled, which essentially realigns the dates in the bill to the 2012 standard. We had hoped, as a committee, that we would be able to have the 2021 standard referenced in the legislation. The challenge with this is that the Australian side of the joint standard haven’t promulgated it and agreed the transitional arrangements in an Australian context. There is real risk of confusion if the two countries aren’t aligned. So what we are doing is just clarifying that the standard that sits and underpins these changes is the 2012 standard. There is a 2021 standard that’s very close to being agreed between Australia and New Zealand authorities. When that happens, the regulation-making power as reflected in clause 5 kicks in, and the Minister of Consumer Affairs will be able to very quickly amend the product safety standard in this bill, to the new standard.

So it’s all a little bit technical, but I think this is a step forward, it’s not a panacea, but it keeps the pressure on sunscreen manufacturers to know that, actually, this House sees the issue of ensuring the efficacy of sunscreen products is important. This is a good step forward. The next big challenge will be a therapeutic goods bill—that is pending, maybe; it’s been pending for two Governments. It’s still pending, and that will be the next step in ensuring consumers have the confidence that they need to have, that when they put sunscreen on themselves—and, more importantly, their children—if it says Sun Protection Factor (SPF) 50, then it will give the protection of SPF 50. Thank you.

The question is that Todd Muller’s amendments set out on Supplementary Order Paper 99 be agreed to.

Amendments agreed to.

The question is that clauses 1 to 5 and Schedule 1 as amended stand part.

Clauses 1 to 5 and Schedule 1 as amended agreed to.

Bill to be reported with amendment.

House resumed.