First Reading
Bill introduced on motion by Mr Anoulack Chanthivong, read a first time and printed.
Second Reading Speech
Mr ANOULACK CHANTHIVONG (Macquarie Fields—Minister for Better Regulation and Fair Trading, Minister for Industry and Trade, Minister for Innovation, Science and Technology, Minister for Building, and Minister for Corrections) (12:54): I move:
That this bill be now read a second time.
The Government is pleased to introduce the Better Regulation, Fair Trading and Other Legislation Amendment Bill 2024. This bill will introduce several miscellaneous amendments to 22 principal Acts, one amendment Act and seven regulations across the Better Regulation, Fair Trading and Gaming and Racing portfolios. The bill will ensure that the legislation in the portfolio remains relevant, fit for purpose and in line with twenty‑first century technology and practices. The bill will also ensure that existing legislation and reforms passed by the Parliament that have yet to commence can operate as intended.
The amendments in this bill are minor housekeeping amendments that aim to: modernise outdated provisions; create more future‑fit laws and ensure they stay relevant in today's digital world; ensure legislation is harmonised and consistent across the portfolio; clarify legal requirements; and reduce unnecessary regulatory burden and improve customer outcomes. These proposed amendments are based on feedback from stakeholders and NSW Fair Trading staff who apply the legislation daily. This is also a result of taking a stewardship approach to ensure our legislation remains fit for purpose. The laws in this State need to reflect evolving and emerging technology that impacts how we live and work. Through this bill, the Government is committed to creating a regulatory landscape that better keeps pace with change and embeds best practice in our legislation.
I will now turn to the amendments in the bill. Schedule 1 to the bill amends seven Acts to enable certain documents currently required to be published on the website of a particular agency or department to be published on a New South Wales Government website or by other appropriate electronic means. The Government is in the process of updating and consolidating its websites. More information is being provided to the community on the popular nsw.gov.au website. Laws which require certain information or documents be made accessible or available to the public, or published on a particular agency or department website, are inflexible and outdated.
To address this problem, the bill futureproofs the requirements to publish documents on a specific website by updating website references, where appropriate, to refer to a New South Wales Government website in general terms. The bill also adopts technology-neutral language to give regulators more options to consider and use alternative technologies in the future—for example, the option to make information, documents, notices or forms accessible using other online technology such as portals or apps. These amendments will provide more flexibility for regulators and allow legislation to keep up with the rapid pace at which technology keeps evolving.
Schedule 2 to the bill omits references to outdated technology across various legislation in the Fair Trading portfolio. Where necessary, it updates the provision to be technology neutral, to support the use of new technologies. Currently there are references to facsimile machines and other obsolete technologies like microfilm, floppy discs, videotapes, computer diskettes, typewriters and even lithographs. I have to say, I did not know what a lithograph was. Our technology has certainly changed. That form of printing was invented in the 1700s. These references are generally used in the context of communicating. The provisions have been modernised to remove references to outdated technologies while ensuring there is flexibility to communicate using other means.
Embedding technology-neutral language in legislation helps futureproof the laws, as it provides the flexibility needed to accommodate new technologies. This will also assist businesses to innovate, adopt and realise the potential of emerging technologies without having to seek permission from regulators. The amendments reflect modern communication practices and improve readability of the law that is supported by useful technology. Ensuring that New South Wales laws reflect the way we live and work today helps to keep laws relevant and fit for purpose.
Schedule 3 to the bill amends six Acts and two regulations to standardise the definition of "business day" and remove confusing references to "working day". Currently, there are several different definitions of "business day" and "working day" used interchangeably in a number of Acts. Some Acts do not even provide a definition. To address this inconsistency, schedule 3 to the bill inserts a definition of "business day" and amends eight pieces of legislation to rely on the new standardised definition. The amendments will make the law clearer and more consistent for customers, reducing the risk of confusion and inadvertent noncompliance. Streamlining the terms to a single reference of "business day" will also benefit customers by creating a common meaning that can be more easily prescribed.
Schedule 4 modernises provisions in the Funeral Funds Act 1979 and the Storage Liens Act 1935 that currently require contributory funeral fund operators and storage companies to publish notices in newspapers in order to comply with the law. The bill reduces red tape by giving those businesses the option to provide those notices online and by removing, where redundant, the obligation to give a public notice. Similarly, the bill also amends the Property and Stock Agents Act 2002 to remove the obligation for the regulator to place newspaper advertisements about making a claim against the Property Services Compensation Fund. Instead, it will require the regulator to publish a notice on a New South Wales Government website or by other electronic means that is appropriate to bring the notice to the attention of persons likely to be affected by it. Importantly, the bill preserves the ability to use the media to improve public awareness where necessary.
The ASSISTANT SPEAKER (Mr Jason Li): It being 1.00 p.m., debate is interrupted for orders of the day (committee reports). I set down resumption of the debate as an order of the day for a later hour.
