Companies (Address Information) Amendment Bill

Members, we come now to clause 2. Clause 2 is the debate on the commencement of the bill. The question is that clause 2 stand part.

In the bill as introduced, the commencement date was set down for three months after Royal assent. The officials who worked so diligently on this bill pointed out that that wouldn’t allow enough time to get systems in place. They felt that, should this bill pass, they needed a longer time to get the system set up within the Companies Office and to get the new legislation communicated. I think they suggested 18 months, or perhaps longer; I can’t recall exactly what they suggested.

The committee said, “Well, hang on a second, that’s a little bit long, maybe.” The committee also wanted to set a time limit on it. So you’ll see in the commencement clause that it will come into force on a date set by Order in Council, but they’ve got a year: “If [the Act] has not come into force by the first anniversary of Royal assent, it comes into force then.” That gives officials a year to get the necessary administrative procedures in place, and that’s exactly why we had that change in that commencement date. I’d just like to thank the officials for working pretty willingly on getting to that compromise, more or less, as to how we set the commencement date.

Thank you very much.

CHAIRPERSON (Barbara Kuriger): You haven’t got 25 commencement dates, have you?

Madam Chair, I’ll provide reassurance to you; to the member in charge, the Hon Dr Deborah Russell; and to those people who are, apparently, watching at home at 9.50 p.m. on a Wednesday, that I don’t have 25 alternative commencements.

💬 Hon Member: He’s got 30.

I don’t have 30, either, all right?

💬 Miles Anderson: He’s got 365.

I don’t have 365, Miles Anderson. I thank the member in charge, firstly, for the clarity around why this was changed. I wasn’t on the select committee that considered the legislation, but when I looked at the bill, initially, as she rightly said, it had under “Commencement” that this Act comes into force on the day that is three months after the date on which it receives Royal assent. It has now been changed to “This Act comes into force on a single date set by Order in Council.” I think it would actually be quite important for the people who are watching at home if the member in charge can clarify what “Order in Council” actually means for people. That might not necessarily be a phrase that people know. Does the general public understand what the phrase “Order in Council” means?

The next part is: “If the Act has not come into force by the first anniversary of Royal assent, it comes into force then.”, and “An Order in Council made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).” My question to the member in charge—I have two here—is that the select committee recommended extending the implementation time frame to 12 months, noting that three months, as was initially included by the member in the legislation, would be insufficient time to complete public consultation and regulatory changes, make those changes, and operationalise them in the Companies Office.

Clause 2, as amended by the Economic Development, Science and Innovation Committee, changes the commencement from the fixed three-month period to an Order in Council with that 12-month backstop that I outlined. I’m keen to understand: can the member explain why clause 2 required such a substantial amendment to extend the implementation period to 12 months, and what specific operational preparations are needed during this time? The original three-month period in the bill as introduced was clearly inadequate. Why do regulations need to be developed to support new sections 360D to 360G? What public consultation is required, and what happens if the operational preparations aren’t completed within the 12-month time frame, which is the backstop that I outlined earlier?

The next point is that the success of the bill depends entirely on the Companies Office being ready to implement it effectively from day one. Given the complexity of the amendments and the potential volume of applications, operational readiness is really, really crucial. Clause 2 in this legislation—Order in Council commencement—depends on adequate preparation to implement those new sections that I outlined, which are 360D to 360G. What assurance can the member in charge provide that the complex operational requirements for new sections 360D to 360G will be ready before the clause 2 commencement provisions take effect? Given the complexity of the new processes in those sections 360D through to 360G, what contingency plans exist if operational preparations aren’t completed within the 12-month backstop, which is outlined in clause 2? Will all necessary regulations, forms, and guidance for sections 360D to 360G be ready for immediate implementation?

Let’s remember that the Act comes into force on a single date set by Order in Council, but if the Act has not come into force by the first anniversary of Royal assent, it comes into force then. What if they’re not ready? What if they haven’t got everything set up in a position to go after 12 months from Royal assent? What happens then? Do we just enable it and so be it, and we roll with the punches, and what happens, or, actually, are there contingencies that the member in charge has considered or thought of to ensure that, whatever happens, whether it’s 12 months from Royal assent or whether it’s by Order in Council, there are plans, contingencies, preparations, and regulations in play so that we can ensure that this legislation is simply workable from day one, so that once it’s enacted, once it has received Royal assent, once it is into law, once it’s enacted, it can be ready to go? I’d welcome the member’s answers.

Members, the time has come for me to report progress.

Progress to be reported.

House resumed.

Madam Speaker, the committee has considered the Companies (Address Information) Amendment Bill and reports that it has made progress on the bill. I move, That the report be adopted.

Motion agreed to.

Report adopted.

The House stands adjourned until 2 p.m. tomorrow.

The House adjourned at 9.56 p.m.