The SPEAKER (Hon. AE Burke) took the chair at 9:00, made an acknowledgement of country and read prayers.
Fair Work (Registered Organisations) Amendment Bill 2012
Social Security and Other Legislation Amendment (2012 Budget and Other Measures) Bill 2012
Water Efficiency Labelling and Standards Amendment (Scheme Enhancements) Bill 2012
Maritime Legislation Amendment Bill 2012
That this bill be now read a second time.
Transport Safety Investigation Amendment Bill 2012
That this bill be now read a second time.
Customs Amendment (Smuggled Tobacco) Bill 2012
That this bill be now read a second time.
Customs Amendment (Anti-dumping Improvements) Bill (No. 3) 2012
That this bill be now read a second time.
Health Insurance Amendment (Extended Medicare Safety Net) Bill 2012
That this bill be now read a second time.
Commonwealth Government Securities Legislation Amendment (Retail Trading) Bill 2012
That this bill be now read a second time.
Veterans' Affairs Legislation Amendment Bill 2012
That this bill be now read a second time.
Fisheries Legislation Amendment Bill (No. 1) 2012
That this bill be now read a second time.
Electoral and Referendum Amendment (Improving Electoral Procedure) Bill 2012
That this bill be now read a second time.
That, in accordance with the provisions of the Public Works Committee Act 1969, it is expedient to carry out the following proposed work which was referred to the Parliamentary Standing Committee on Public Works and on which the committee has duly reported to Parliament: Improvement to fuel storage and supply, Christmas Island, Indian Ocean Territories.
That, in accordance with the provisions of the Public Works Committee Act 1969, it is expedient to carry out the following proposed work which was referred to the Parliamentary Standing Committee on Public Works and on which the committee has duly reported to Parliament: Fit-out of Commonwealth Parliament Offices at 1 Bligh St, Sydney, NSW.
That, in accordance with the provisions of the Public Works Committee Act 1969, it is expedient to carry out the following proposed work which was referred to the Parliamentary Standing Committee on Public Works and on which the committee has duly reported to Parliament: Development and construction of housing for the Department of Defence at Rasmussen, Townsville, Queensland.
That so much of the standing and sessional orders be suspended as would prevent the member for Gippsland speaking in reply to the minister's statement for a period not exceeding 15 minutes.
Statute Stocktake (Appropriations) Bill (No. 1) 2012
That this bill be now read a third time.
That the Anti-Counterfeiting Trade Agreement not be ratified by Australia until the:
In the event that the Australian Government ratifies the Anti-Counterfeiting Trade Agreement (ACTA), the Government prepares legislation to:
That National Interest Analyses of treaties clearly intended to have an economic impact include an assessment of the economic benefits and costs of the treaty, or, if no assessment of the economic benefit of a treaty has been undertaken, a statement to that effect, along with an explanation as to why it was not necessary or unable to be undertaken.
The issue is that as soon as you extend it beyond trademark and copyright into intellectual property, you get into the area of patents. Patents are extremely grey, and the only way this is resolved these days is through complex legal proceedings. So you open up, in effect, a Pandora's box of issues by allowing the extension of ACTA into intellectual property. Unfortunately, the drafting of that allows that to occur.
… it is a very nasty political ambit claim when what we are actually talking about is unauthorised use.
Higher Education Support Amendment (Student Contribution Amounts and Other Measures) Bill 2012
There is a global perception that a workforce with a substantial proportion educated in Mathematics, Engineering and Science (MES) is essential to future prosperity.
… science is a great career and I think we undersell it. There's this misbelief [within the community] that by being a scientist we are somehow making a sacrifice but we are very well supported in this country right now … and I think it really shouldn't be anything other than the first choice for our best young men and women across the country.
Everyone understands that we've had a drop off in interest in science … And one of the greatest vehicles we've got for that is using Brian's abilities to communicate and his standing in science.
… the two years' growth more than reversed the declines in demand for this field between 2004 and 2008. This growth follows a suite of measures introduced in the 2008-09 Budget to encourage enrolments in Mathematics and Science.'
Australia’s robust economic future depends upon innovation. This is not the time to withdraw support for the next generation of scientists and mathematicians.
There is a global perception that a workforce with a substantial proportion educated in Mathematics, Engineering and Science (MES) is essential to future prosperity.
These things take time. It takes a generation, but you just can't do it in the political timeframe. [Politicians will] never admit this, but basically they're just thinking of the next election and the next budget.
The reduction in student contributions for mathematics, statistics and science units since 2009 has not been effective in substantially increasing the number of students undertaking maths and science at university…
Students are predominantly motivated not by price but by their interests, abilities and career preferences when selecting courses.
These [science and maths] subjects are fundamental to shaping the future of Australia, and the future of the world … They provide enabling skills and knowledge that increasingly underpin many professions and trades and the skills of a technologically based workforce.
Inspirational teaching was time and time again identified as the key to future study choices of students.
That this bill be now read a third time.
Passenger Movement Charge Amendment Bill 2012
Tax Laws Amendment (Investment Manager Regime) Bill 2012
That this bill be now read a third time.
Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012
Debate resumed on the motion:
That this bill be now read a second time.
This package has nothing to do with moving people from welfare to work and everything to do with extreme cuts to the household budgets of Australian families who can least afford it.
It is part of the government's plan to punish people who are out of the workforce to take away any excuse for them not working.
Social Security Legislation Amendment (Fair Incentives to Work) Bill 2012
That so much of the standing and sessional orders be suspended as would prevent the Member for Warringah from presenting forthwith a Bill for an Act to amend the Migration Act 1958, for the bill to be considered forthwith, for the time limits specified in standing order 1 for the consideration of private Members’ bills to apply and that the bill be given priority over all other business until the House has completed consideration of it.
That so much of standing and sessional orders be suspended as would prevent the Migration Legislation Amendment (The Bali Process) Bill 2012 being called on and considered immediately.
Migration Legislation Amendment (The Bali Process) Bill 2012
The Court held that, under s 198A of the Migration Act 1958 (Cth), the Minister cannot validly declare a country (as a country to which asylum seekers can be taken for processing) unless that country is legally bound to meet three criteria. The country must be legally bound by international law ...
(1) Schedule 1, item 25, page 6 (lines 14 to 16), omit paragraph (d), substitute:
(d) the designation of a country to be an offshore processing country need be determined only by reference to the fact that the country is a party to the Refugees Convention or the Refugees Protocol.
(2) Schedule 1, item 25, page 6 (lines 20 to 23), omit subsection 198AB(2), substitute:
(2) The only conditions for the exercise of the power under subsection (1) are that the Minister thinks that it is in the national interest to designate the country to be an offshore processing country, and that the country is a party to the Refugees Convention or the Refugees Protocol.
(3) Schedule 1, item 25, page 8 (lines 7 to 9), omit paragraph (f), substitute:
(f) a copy of the instruments of accession by the country to the Refugees Convention or the Refugees Protocol.
In commending this bill to the parliament, I again say to the opposition—to their representatives in this House and also in the other place—that it is in the national interest that this bill go through tonight.
We want to deal with the countries that are signatory to the refugee convention.
I would rule out anywhere that is not a signatory to the refugee convention.
The government believes that Australia can, and should, live up to its obligations under these important treaties, not simply because this is the right thing to do but because the principles that are contained in those documents provide a protection against unwarranted, unjustified or arbitrary interference in the fundamental rights enjoyed by all individuals irrespective of their colour, background or social status.
… is in danger of performing a too-clever-by-half political judo trick on himself, making sure that if he does become prime minister he will not have the legislative and administrative tools to fulfil his pledge to "stop the boats".
It is not good enough for Abbott to enjoy the government's pain.
This is a terrible mistake he is making in disarming the nation—
and potentially any future government he runs—in this critical policy area.
The Arrangement and its implementing guidelines contain important protection safeguards, including respect for the principle of non-refoulement; the right to asylum; the principle of family unity and best interests of the child; humane reception conditions including protection against arbitrary detention; lawful status to remain in Malaysia until a durable solution is found; ...
The critical test of this Arrangement will now be in its implementation ...
(4) Within 14 days of designating a country under subsection (1), the Minister must, in writing, make a request to each of:
(a) the Office of the United Nations High Commissioner for Refugees; and
(b) the International Organization for Migration for a formal statement of the views of each of these organisations in relation to any arrangements that are in place, or are to be put in place, in the country for the treatment of persons taken into that country.
Refugees in Kuala Lumpur's suburban slums say they have been tortured in Malaysia's detention centres.
Gruesome personal accounts include claims of beatings with rattan canes and whippings a fate that could await the 300 refugees the Federal Government intends to send to Malaysia as part of its controversial detainee swap.
A Former Iraqi soldier was tortured by police in Malaysia to obtain a confession that he planned to arrange for asylum-seekers to reach Australia, according to a leading human rights lawyer in Kuala Lumpur.
I also have always had a view that something called the East Timor solution wouldn't work, and can I say those sorts of things need to be looked through very carefully before you simply take a walk on the policy wild side ….
…in my absence often, and then announced and implemented, often without my knowledge, in the case of various decisions like the Malaysian solution, for example, and then off they went only to discover that they didn't work.
That the question be put.
The House divided. [18:42]
(The Deputy Speaker—Anna Burke)
The House divided. [18:48]
(The Deputy Speaker—Anna Burke)
(1) Page 2 (after line 2), after clause 3, insert:
4 Application of amendments
However:
(a) the amendments (including any repeals) made by this Act have effect only for a period of 12 months from the commencement of this Act; and
(b) any Act amended by this Act has effect after that period of 12 months as if the amendments had not been made.
That the House do now adjourn.
The House divided. [19:04]
(The Deputy Speaker—Ms AE Burke)
Migration Legislation Amendment (The Bali Process) Bill 2012
That the question be now put.
The House divided. [19:36]
(The Deputy Speaker—Ms AE Burke)
The House divided. [19:52]
The Deputy Speaker (Ms AE Burke)
That this bill be now read a third time.
The House divided. [19:57]
(The Deputy Speaker—Ms AE Burke)
That the House do now adjourn.
The DEPUTY SPEAKER (Hon. BC Scott) took the chair at 9:30.
Tax Laws Amendment (Investment Manager Regime) Bill 2012
The announced changes will provide tax certainty for foreign investors investing in Australian managed funds. It will take away the uncertainty that currently exists which can result in foreign investors being unfairly taxed.
The importance of this change cannot be underestimated—it removes a major barrier to Australian based fund managers attracting foreign investment.
This will give Australian based fund managers the certainty they need when competing internationally and is a major step towards Australia becoming a real global financial centre.
Taxation arrangements applying to Australian managed funds and related services should be improved to provide greater certainty that conduit income will not be subject to Australian tax.
… designed to ensure that the complex tax issues that previously arose do not discourage foreign funds from engaging the services of an Australian intermediary.
Since1 January 2008, has the Minister's department contracted Skills Training Australia Pty Ltd, 92 Copeland Street, Liverpool, NSW, to conduct training; if so, for each type of training, what (a) was the purpose, (b) was the duration, (c) sum was charged per participant, and (d) oversights (if any) occurred on the specified outcome, duration and delivery.
Since 1 January 2008, the Department of Sustainability, Environment, Water, Population and Communities has not contracted Skills Training Australia Pty Ltd, 92 Copeland Street, Liverpool, NSW, to conduct training.