Cash Distribution Framework Bill 2026
Dr MULINO (Fraser—Assistant Treasurer and Minister for Financial Services) (16:39): I present a supplementary explanatory memorandum to this bill and the Cash Distribution Framework (Consequential Amendments and Transitional Provisions) Bill 2026. I seek leave of the House to move government amendments (1) to (23), as circulated, together. Leave granted.
Dr MULINO: I move: (1) Clause 5, page 5 (after line 17), after the definition of cash distribution system, insert: cash-related contractual chain order means a road transport contractual chain order (within the meaning of the Fair Work Act 2009) that is made in relation to work performed in the cash in transit industry (within the meaning of paragraph (d) of the definition of road transport industry in subsection 15S(1) of the Fair Work Act 2009).
(2) Clause 28, page 25 (after line 22), after note 2, insert: Note 3: There is an exception to this civil penalty provision in section 195A (interactions with cash-related contractual chain orders). (3) Clause 28, page 26 (after line 13), after note 2, insert: Note 3: There is an exception to this civil penalty provision in section 195A (interactions with cash-related contractual chain orders).
(4) Clause 41, page 38 (after line 32), after paragraph (2)(f), insert: (fa) any relevant cash-related contractual chain order; (5) Clause 41, page 39 (line 10), omit "undertake", substitute "undertaking". (6) Clause 41, page 39 (after line 12), after subclause (3), insert: (3A) Without limiting subsection (3), the ACCC may consult the Fair Work Commission or the Fair Work Ombudsman in relation to interactions with any relevant cash-related contractual chain orders.
(7) Clause 43, page 43 (after line 7), after subclause (7), insert: (7A) Without limiting paragraph (7)(a), the ACCC may consult the Fair Work Commission or the Fair Work Ombudsman in relation to interactions with any relevant cash-related contractual chain orders. (8) Clause 46, page 44 (after line 31), after paragraph (2)(b), insert: (ba) any relevant cash-related contractual chain order; and (9) Clause 54, page 51 (after line 32), after paragraph (2)(e), insert: (ea) any relevant cash-related contractual chain order; (10) Clause 55, page 52 (line 18), after "Note", insert "1".
(11) Clause 55, page 52 (after line 19), after the note, insert: Note 2: There is an exception to this civil penalty provision in section 195A (interactions with cash-related contractual chain orders). (12) Clause 55, page 53 (line 3), after "Note", insert "1". (13) Clause 55, page 53 (after line 4), after the note, insert: Note 2: There is an exception to this civil penalty provision in section 195A (interactions with cash-related contractual chain orders).
(14) Clause 63, page 60 (line 32), at the end of subclause (4), add: ; and (c) any relevant cash-related contractual chain order. (15) Clause 63, page 60 (after line 32), at the end of the clause, add: (5) Without limiting who the ACCC may consult, before making a service-level standard the ACCC may consult the Fair Work Commission or the Fair Work Ombudsman in relation to interactions with any relevant cash-related contractual chain orders.
(16) Clause 67, page 62 (line 7), after "Note", insert "1". (17) Clause 67, page 62 (after line 8), after the note, insert: Note 2: There is an exception to this civil penalty provision in section 195A (interactions with cash-related contractual chain orders). (18) Clause 67, page 63 (after line 6), after note 2, insert: Note 3: There is an exception to this civil penalty provision in section 195A (interactions with cash-related contractual chain orders).
(19) Clause 80, page 80 (line 31), omit "Criminal", substitute "Crime". (20) Clause 179, page 193 (before line 3), before subclause (1), insert: Use and disclosure — general (21) Clause 179, page 194 (after line 12), at the end of the clause, add: Use and disclosure — cash-related contractual chain orders (5) Without limiting subsection (1), a person covered by subsection (2) may also use, make a record of or disclose information covered by subsection (3) in the course of or for the purposes of: (a) considering cash-related contractual chain orders, including proposed and draft orders; or (b) dealing with interactions between this Act and such orders; or (c) assisting the Fair Work Commission or the Fair Work Ombudsman to perform functions or duties, or exercise powers, under or in connection with the Fair Work Act 2009 that relate to cash-related contractual chain orders.
Reserve Bank and ACCC may impose conditions on disclosed information (6) The Reserve Bank may, by notice in writing given to a person who is to be a recipient of information disclosed by the Reserve Bank under subsection (1) or (5), impose conditions to be complied with by the recipient in relation to the disclosed information. (7) The ACCC may, by notice in writing given to a person who is to be a recipient of information disclosed by the ACCC under subsection (1) or (5), impose conditions to be complied with by the recipient in relation to the disclosed information.
(8) An instrument under subsection (6) or (7) is not a legislative instrument. (22) Clause 189, page 206 (after line 10), after paragraph (b), insert: ‚ (ba) interactions with cash-related contractual chain orders under the Fair Work Act 2009, to enable those orders to take precedence over competing obligations under this Act where appropriate; (23) Page 212 (after line 2), after Division 3, insert: Division 3A — Interactions with contractual chain orders under the Fair Work Act 2009 195A Interactions with cash-related contractual chain orders Notifying the ACCC of interaction with cash-related contractual chain order (1) If: (a) a cash-related contractual chain order applies (within the meaning in section 536NR of the Fair Work Act 2009) to a designated entity, or will apply to a designated entity when the order comes into operation; and (b) the designated entity has an obligation (the competing obligation) under any of the following civil penalty provisions of this Act: (i) subsection 28(1) or (2) (which relate to entering into agreements on approved standard terms); (ii) subsection 55(1) or (2) (which relate to entering into agreements in accordance with an arbitration determination); (iii) subsection 67(1) (which relates to failing to comply with a service-level standard); (iv) subsection 67(3) (which relates to failing to comply with an ACCC direction to comply with a service-level standard); and (c) the designated entity reasonably believes that complying with the competing obligation would cause the designated entity to contravene a term of the cash-related contractual chain order; the designated entity must notify the ACCC, in writing, within a reasonable time after forming the belief.
(2) The notice must specify: (a) the details of the relevant competing obligation and term of the cash-related contractual chain order; and (b) the reasons why compliance with the competing obligation would cause a contravention of the term of the order, and the conduct the designated entity considers it would not otherwise be able to engage in as a result; and (c) the extent to which the designated entity intends not to comply with the competing obligation to prevent the contravention.
Exception to complying with competing obligation in certain circumstances (3) If: (a) a cash-related contractual chain order applies (within the meaning in section 536NR of the Fair Work Act 2009) to a designated entity; and (b) the designated entity has a competing obligation referred to in paragraph (1)(b); and (c) complying with the competing obligation would cause the designated entity to contravene a term of the cash-related contractual chain order; and (d) the designated entity has given the ACCC a notice relating to the competing obligation and the cash-related contractual chain order in accordance with subsections (1) and (2); the competing obligation does not apply to the designated entity, but only to the extent necessary to prevent the contravention of the cash-related contractual chain order.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act). Question agreed to. Bill, as amended, agreed to.