The SPEAKER ( Hon. Tony Smith ) took the chair at 09:30, made an acknowledgement of country and read prayers.
That leave of absence for 25 and 26 October 2017 be given to Ms Burney, for personal reasons
Report relating to the consideration of committee and delegation business and of private Members' business
1. The committee met in private session on Tuesday, 24 October 2017.
2. The Committee deliberated on items of committee and delegation business that had been notified, private Members' business items listed on the Notice Paper and notices lodged on Tuesday, 24 October 2017, and determined the order of precedence and times on Monday, 27 November 2017, as follows:
Items for House of Representatives Chamber (10.10 am to 12 noon)
COMMITTEE AND DELEGATION BUSINESS
Presentation and statements
1 Publications Committee:
Inquiry into the printing standards for documents presented to Parliament: 2017 Report
The Committee determined that statements on the report may be made—all statements to conclude by 10.20 am
Speech time limits—
Mr Christensen—5 minutes.
Next Member speaking—5 minutes.
[Minimum number of proposed Members speaking = 2 x 5 mins]
PRIVATE MEMBERS ' BUSINESS
Notices
1 MR BANDT: To present a Bill for an Act to amend the Fair Work Act 2009 , and for related purposes. (Fair Work Amendment (Improving National Employment Standards) Bill 2017 )
( Notice given 24 October 2017. )
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
2 MS L. M. CHESTERS: To move:
That this House:
(1) notes that:
(a) National Asbestos Awareness Week is 27 November to 1 December;
(b) as part of this year's events, the Australian Government Asbestos Safety and Eradication Agency (Agency) is holding the Asbestos Safety and Eradication Summit (Summit) in Canberra;
(c) this year's Summit will focus on debate on Australia's next National Strategic Plan to eliminate asbestos nationwide;
(d) the Agency has raised concerns over workplace safety following the 100 workers who were exposed to asbestos while working on the Sydney Opera House renovation in July 2017;
(e) it is unclear how many further building sites across Australia contain asbestos or how many workers are unknowingly exposed to asbestos each day; and
(f) the Agency advised the Senate Economics References Committee's inquiry into non-conforming building products that building products containing asbestos are being imported to Australia contrary to Australian law;
(2) acknowledges that:
(a) Australia has one of the highest rates of asbestos related deaths and injury in the world, with 33,000 people already having lost their lives to asbestos;
(b) around 700 Australians die each year from asbestos related diseases, and without proper management experts worry that tens of thousands of Australians could be diagnosed with asbestos related diseases in the coming decades; and
(c) experts believe that 20,000 to 25,000 Australians will die from asbestos or asbestos related illnesses before the end of this century;
(3) condemns the Government's inaction and silence on the dangers of asbestos, despite warnings provided to the Senate inquiry; and
(4) calls on the Government to:
(a) give greater importance to stopping asbestos importers at the border and immediately increase the penalties for illegal asbestos contamination on Australian building sites; and
(b) create greater transparency and accountability between the Australian Border Force and the Australian Competition and Consumer Commission in their dealings with asbestos related importations.
( Notice given 24 October 2017. )
Time allotted—45 minutes.
Speech time limits—
Ms L. M. Chesters—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 9 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
3 MR VAN MANEN: To move:
That this House:
(1) acknowledges the importance of the trade and economic relationship between Australia and Japan;
(2) welcomes the sixty year anniversary since the signing of the Australia-Japan Agreement on Commerce;
(3) notes the significant opportunities offered by the Japan-Australia Economic Partnership Agreement for Australian exporters;
(4) recognises and celebrates the significant role of Japanese investment in Australia's economy, noting that this investment is creating and supporting Australian jobs;
(5) notes the ongoing cooperation and commitment between Australia and Japan to open markets and a strong, rules-based global trading system; and
(6) encourages the Australian Government to continue its economic cooperation with Japan to the mutual benefit of both countries, to create jobs and support prosperity in both our nations.
( Notice given 24 October 2017. )
Time allotted—remaining private Members ' business time prior to 12 noon
Speech time limits—
Mr van Manen—10 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 1 x 10 mins + 7 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Items for Federation Chamber (11 am to 1.30 pm)
PRIVATE MEMBERS ' BUSINESS
Notices
1 MS VAMVAKINOU: To move:
That this House:
(1) notes that:
(a) Amnesty International has evidence that hundreds of Rohingya women, men and children have been killed since the escalation of a violent assault in Northern Arakan/Rakhine State, Myanmar, since 25 August 2017;
(b) the United Nations has estimated that since August 2017, over 589,000 Rohingyas have been forced to flee to refugee camps in Bangladesh;
(c) there are at least another 20,000 Rohingyas being detained at the borders;
(d) the United Nations Human Rights Council has witnessed accounts and heard testimonies of the Myanmar security force setting villages on fire and injuring, torturing, raping, killing and executing innocent victims;
(e) 214 villages have been destroyed through fire and will be taken over by the Myanmar Government because burnt land becomes government-managed land;
(f) the United Nations High Commissioner for Human Rights, Prince Zeid Ra'ad al-Hussein, has called these government attacks 'a textbook example of ethnic cleansing';
(g) approximately 600,000 people are still deadlocked inside Rakhine State with limited access to food, medical care or humanitarian assistance;
(h) despite the history of the Rohingya Muslims in the Rakhine region extending back the post-colonial era, this community has been denied citizenship and most basic government services under since 1982; and
(i) the treatment of Rohingya Muslims in the Rakhine region is an issue that deeply concerns the Australian community; and
(2) urges:
(a) the Government of Myanmar to:
(i) recommit to the pursuit of peace and national reconciliation; and
(ii) allow access to all parts of Rakhine State to allow for the provision of humanitarian aid;
(b) the Australian Minister for Foreign Affairs to:
(i) do everything in her power to help alleviate the suffering in Rakhine State;
(ii) lead the push for a strong United Nations General Assembly Resolution on the violence in Rakhine State, and
(iii) work to establish an independent United Nations investigation into human rights abuses in Myanmar; and
(c) the Australian Government to:
(i) support unimpeded humanitarian access to the Rohingya population;
(ii) maintain pressure on the Myanmar Government, particularly the military and security forces, by condemning the persecution, attacks, killings and human rights abuses of the Rohingyas; and
(iii) stand up for the moderate voices in Myanmar which are being widely suppressed by the threat of persecution by the Myanmar military.
( Notice given 23 October 2017. )
Time allotted—40 minutes.
Speech time limits—
Ms Vamvakinou—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
2 MR WALLACE: To move:
That this House:
(1) welcomes the Government's action to make our cities better places to live in and do business through ongoing City Deal developments in Townsville, Launceston, Western Sydney and Darwin;
(2) notes that:
(a) City Deals:
(i) bring together all three levels of Government to develop collective plans for growth with a focus on jobs, housing, transport and the environment; and
(ii) are already delivering firm commitments and real benefits for communities, including the $250 million North Queensland Stadium, the Townsville Eastern Access Rail Corridor, movement of the University of Tasmania's main campus and the rejuvenation of the CBD in Launceston;
(b) further benefits through City Deals are under development, including the Western Sydney Housing Package and the redevelopment of Paterson Barracks in Launceston;
(3) commends the Government for continuing to encourage and pursue new City Deals with other regional cities around Australia, including areas such as the Sunshine Coast; and
(4) encourages state and territory governments and local councils in regional cities, especially on the Sunshine Coast, to work closely with their local Members of Parliament and the Assistant Minister for Cities and Digital Transformation to develop City Deals for their eligible communities.
( Notice given 17 October 2017. )
Time allotted—40 minutes.
Speech time limits—
Mr Wallace—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
3 MS SHARKIE: To move:
That this House:
(1) notes that:
(a) plastic bags are detrimental to the environment;
(b) Australians use an estimated 5 billion plastic bags a year, which represents over 20 million bags used every day;
(c) research has indicated that as of 2013, approximately 5.25 trillion pieces of plastic have been floating in our world's oceans—these are mostly microplastics of less than 5 millimetres in size and are regularly eaten by marine life, through which they enter the global food chain and are consumed by humans;
(d) thousands of marine mammals and seabirds die every year around the world as a result of plastic litter;
(e) plastic bags are particularly bad for the environment because they take from between 20 and 1,000 years to biodegrade and can travel long distances via air and water;
(f) South Australia led the nation with the phasing out of lightweight non-biodegradable plastic shopping bags, which state legislation defines as a carry bag, the body of which comprises (in whole or in part) polyethylene with a thickness of less than 35 microns and includes handles;
(g) South Australia's ban on plastic shopping bags came into force on 4 May 2009; and
(h) the South Australian Environmental Protection Authority estimates that the state's ban on plastic shopping bags has resulted in almost 400 million fewer plastic bags in that state each year; and
(2) calls on the:
(a) state governments yet to enact a ban on lightweight non-biodegradable plastic shopping bags to do so with speed and urgency; and
(b) Australian Government to work with the state Governments to implement a national ban on lightweight non-biodegradable plastic shopping bags by the end of 2018.
( Notice given 17 October 2017. )
Time allotted—40 minutes.
Speech time limits—
Ms Sharkie—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
4 MR COULTON: To move:
That this House:
(1) acknowledges the important contribution that the Export Finance and Insurance Corporation (Efic) makes to supporting Australian exporters;
(2) notes the recent passage of the Insurance Corporation Amendment (Support for Commonwealth Entities) Bill 2016 through the Parliament with bipartisan support, helping Efic keep pace with Australia's changing exports; and
(3) commends the Government for issuing a new Statement of Expectations for Efic, re-enabling it to support onshore resource projects, and related infrastructure.
( Notice given 17 October 2017. )
Time allotted—remaining private Members ' business time prior to 1.30 pm
Speech time limits—
Mr Coulton—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Items for Federation Chamber (4.45 pm to 7.30 pm)
PRIVATE MEMBERS ' BUSINESS
Notices — continued
5 MR ALBANESE: To move:
That this House:
(1) declares:
(a) its support for the vital work performed each and every day by the highly trained professionals providing aviation rescue and fire fighting (ARFF) services to ensure the safety of the flying public;
(b) that the ARFF service is particularly important to the safe operation of airports in regional Australia where it also responds to non-aviation emergencies within its local communities; and
(c) that the presence of the ARFF service is key to safeguarding the safety and security at major metropolitan and regional airports around the country, which is critical for international and domestic tourism; and
(2) calls on the Government to reject any proposal to increase the threshold for the provision of ARFF services at airports from the existing 350,000 passenger movements annually, noting that this would preclude the establishment of these services at Proserpine Whitsunday Coast Airport and lead to the removal of these services from the following regional communities: Ballina; Coffs Harbour; Ayres Rock; Gladstone; Hamilton Island; Broome; Karratha; Newman; and Port Hedland.
( Notice given 19 October 2017. )
Time allotted—40 minutes.
Speech time limits—
Mr Albanese—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
6 MR VAN MANEN: To move:
That this House:
(1) recognises positive effect of the Government's measures to assist more hard working Australians to:
(a) earn more through the tax system, in particular by:
(i) legislating tax cuts for middle income earners to ensure they are not pushed into the second highest tax bracket;
(ii) introducing to Parliament the Enterprise Tax Plan, which will extend small business tax concessions to businesses up to $10 million from the outdated $2 million threshold; and
(iii) supporting employers to invest more, provide more hours and increase wages through a more competitive international tax rate;
(b) save more for their retirement through increased flexibility in the superannuation system, in particular by:
(i) abolishing the so called '10 per cent rule', which prevents anyone earning more than 10 per cent of their income from salary and wages from claiming a deduction for personal superannuation contributions; and
(ii) introducing catch up concessional contributions to provide assistance to those—particularly women—who have interrupted work patterns, whether to raise children, look after elderly parents, or seek to boost their retirement savings just before retirement; and
(2) notes with deep concern that the Opposition:
(a) refuses to support tax relief for small business, while at the same time advocating tax cuts for foreign workers;
(b) seeks to abolish measures to improve the retirement savings of hard working Australians, particularly those on low incomes and with interrupted work patterns; and
(c) has no plan for jobs and growth, despite having previously advocated for a more competitive tax rate for employers.
( Notice given 17 October 2017. )
Time allotted—30 minutes.
Speech time limits—
Mr van Manen—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
7 MS CLAYDON: To move:
That this House:
(1) notes that:
(a) one in three Australian women have experienced physical violence since the age of 15; and
(b) two thirds of women who experience violence are in paid employment;
(2) recognises that:
(a) family violence isolates and excludes its victims and disconnects people from community, work, education, friends and family;
(b) the trauma experienced by an employee facing family violence will be lessened if they have the support of an understanding and accommodating employer that offers domestic and family violence leave; and
(c) access to a leave specifically allocated for situations of domestic and family violence protects employees from discrimination and allows them to maintain stable employment which increases their likelihood of leaving violent relationships;
(3) commends the many private companies that already provide domestic and family violence leave, including Telstra, Virgin, Qantas, the National Australia Bank, to more than one million Australian workers;
(4) condemns the Government for its public service bargaining policy which has resulted in the removal of domestic and family violence leave provisions in some public service enterprise agreements; and
(5) calls on the Government to amend the National Employment Standards to include domestic and family violence leave as a universal workplace right.
( Notice given 17 October 2017. )
Time allotted—40 minutes.
Speech time limits—
Ms Claydon—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
8 MR ZIMMERMAN: To move:
That this House:
(1) notes the release on 5 October 2017 of the Consular State of Play 2016-17 (State of Play), which provides an overview of the Government's provision of consular assistance to Australians in the last financial year;
(2) acknowledges the hard work and dedication of Australian consular officials who have provided high-quality assistance to Australians in distress in 12,454 cases during 2016-17;
(3) notes with concern that a significant number of Australian travellers are travelling overseas without insurance;
(4) reiterates the Minister for Foreign Affairs' remarks in launching the State of Play that if travellers cannot afford travel insurance, they cannot afford to travel;
(5) acknowledges that the Australian Government will provide consular assistance where possible, while noting there are limits to what it can do to assist Australians in trouble overseas; and
(6) calls on Australians to:
(a) draw on resources such as Australian Government Smartraveller advice to inform themselves about their destination; and
(b) purchase insurance appropriate to their activities and circumstances.
( Notice given 17 October 2017. )
Time allotted—remaining private Members ' business time prior to 7.30 pm
Speech time limits—
Mr Zimmerman—10 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 1 x 10 mins + 9 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Agricultural and Veterinary Chemicals Legislation Amendment (Operational Efficiency) Bill 2017
That this bill be now read a second time.
Treasury Laws Amendment (National Housing and Homelessness Agreement) Bill 2017
That this bill be now read a second time.
The results of the ASD survey are reported to a secretaries' cyber security board, coordinated by PM&C—
The results of the surveys provide a list of high-risk entities, for which ASD can then focus its resources on assisting.
However—
the ASD has no capacity to compel agencies to complete the survey. For this year's survey, as at 23 June, fewer than 40 per cent of agencies had completed the survey. In 2016, fewer than 30 per cent completed the non-mandatory survey.
That the House take note of the report.
That the order of the day be referred to the Federation Chamber for debate.
Medicare Levy Amendment (National Disability Insurance Scheme Funding) Bill 2017
Fringe Benefits Tax Amendment (National Disability Insurance Scheme Funding) Bill 2017
Income Tax Rates Amendment (National Disability Insurance Scheme Funding) Bill 2017
Superannuation (Excess Non-concessional Contributions Tax) Amendment (National Disability Insurance Scheme Funding) Bill 2017
Superannuation (Excess Untaxed Roll-over Amounts Tax) Amendment (National Disability Insurance Scheme Funding) Bill 2017
Income Tax (TFN Withholding Tax (ESS)) Amendment (National Disability Insurance Scheme Funding) Bill 2017
Family Trust Distribution Tax (Primary Liability) Amendment (National Disability Insurance Scheme Funding) Bill 2017
Taxation (Trustee Beneficiary Non-disclosure Tax) (No. 1) Amendment (National Disability Insurance Scheme Funding) Bill 2017
Taxation (Trustee Beneficiary Non-disclosure Tax) (No. 2) Amendment (National Disability Insurance Scheme Funding) Bill 2017
Treasury Laws Amendment (Untainting Tax) (National Disability Insurance Scheme Funding) Bill 2017
Nation-building Funds Repeal (National Disability Insurance Scheme Funding) Bill 2017
… the Medicare levy does not pay for all our Medicare or health care expenditure but the fundamental principle of the Medicare levy is we all put in and we all take out …
… it would be terrific to see the half a per cent increase in the Medicare levy pass with bipartisan support.
That would give security for the future around the half a per cent increase in the Medicare levy.
… we are asking Australians to make a small contribution that will make a big difference to the lives of over 460,000 people with disability …
These bills will change lives.
Change families.
Change the dimension of hope in every community.
No longer do we fill this place with empty rhetoric on this issue. We now put our money on the table. And we ask: what is the price of an ordinary life?
The House divided. [10:17]
(The Speaker—Hon. Tony Smith)
The House divided. [10:22]
(The Speaker—Hon. Tony Smith)
(1) Schedule 1, page 3 (after line 7), after item 2, insert:
2A After section 7
Insert:
8 Levy in cases of incomes not exceeding $87,000 (other than small incomes)
Where the taxable income of a person:
(a) is not income of an amount mentioned in subsection 7(1) or (2); and
(b) does not exceed $87,000;
the rate of levy payable by that person upon that taxable income (but for sections 8 and 9) is 2%.
(2) Schedule 1, item 3, page 3 (lines 9 to 10), omit "2.5", substitute " x ".
(3) Schedule 1, item 3, page 3 (lines 9 to 10), omit "0.075", substitute " y ".
(4) Schedule 1, page 3 (after line 10), after item 3, insert:
3A At the end of subsection 8(2)
Add:
where:
x means:
(a) if the family income threshold does not exceed $87,000—2; and
(b) otherwise—2.5.
y means:
(a) if the family income threshold does not exceed $87,000—0.08; and
(b) otherwise—0.075.
… average tax rates are projected to increase due to policy changes, most notably the policy decision to increase the Medicare levy from 2019/20.
The House divided. [10:42]
(The Speaker—Hon. Tony Smith)
That this bill be now read a third time.
Fringe Benefits Tax Amendment (National Disability Insurance Scheme Funding) Bill 2017
That this bill be now read a third time.
Income Tax Rates Amendment (National Disability Insurance Scheme Funding) Bill 2017
That this bill be now read a third time.
Superannuation (Excess Non-concessional Contributions Tax) Amendment (National Disability Insurance Scheme Funding) Bill 2017
That this bill be now read a third time.
Superannuation (Excess Untaxed Roll-over Amounts Tax) Amendment (National Disability Insurance Scheme Funding) Bill 2017
That this bill be now read a third time.
Income Tax (TFN Withholding Tax (ESS)) Amendment (National Disability Insurance Scheme Funding) Bill 2017
That this bill be now read a third time.
Family Trust Distribution Tax (Primary Liability) Amendment (National Disability Insurance Scheme Funding) Bill 2017
That this bill be now read a third time.
Taxation (Trustee Beneficiary Non-disclosure Tax) (No. 1) Amendment (National Disability Insurance Scheme Funding) Bill 2017
That this bill be now read a third time.
Taxation (Trustee Beneficiary Non-disclosure Tax) (No. 2) Amendment (National Disability Insurance Scheme Funding) Bill 2017
That this bill be now read a third time.
Treasury Laws Amendment (Untainting Tax) (National Disability Insurance Scheme Funding) Bill 2017
(1) Schedule 1, page 3 (after line 3), before item 1, insert:
1A Subsection 4 ‑10(3) (note 2)
Omit "of the Income Tax (Transitional Provisions) Act 1997 (which is about the temporary", substitute "(which is about the".
1B After section 4 ‑10
Insert:
4 ‑11 Budget repair levy
Budget repair levy
(1) Extra income tax is payable for a financial year ( budget repair levy ) if:
(a) you are an individual; and
(b) your taxable income for the corresponding income year exceeds $180,000; and
(c) the financial year is a budget repair levy year.
Amount of budget repair levy
(2) Your budget repair levy is worked out by reference to your taxable income for the corresponding income year using the rate or rates that apply to you.
Note: See Part IV of the Income Tax Rates Act 1986 .
Interaction with other provisions
(3) For the purpose of working out your income tax for the financial year:
(a) section 4‑10 has effect as if it made you liable to pay the extra tax mentioned in subsection (1) of this section; and
(b) subsection 4‑10(3) has effect as if step 4 of the method statement in that subsection were omitted and the following were substituted:
Step 3A.Subtract your tax offsets from your basic income tax liability.
For the list of tax offsets, see section 13‑1.
Step 3B. Add the extra income tax you must pay as mentioned in subsection 4‑11(1).
Step 4. If an amount of your tax offset for foreign income tax under Division 770 remains after applying section 63‑10, subtract the remaining amount from the result of step 3B. The result is how much income tax you owe for the financial year.
(4) To avoid doubt, budget repair levy is not included in your basic income tax liability.
Note: As a result, you cannot apply any tax offsets against budget repair levy under Part 2‑20 (apart from the foreign income tax offset applied under step 4 of the method statement in subsection (3)).
Meaning of budget repair levy year
(5) Each of the following is a budget repair levy year :
(a) the 2017‑18 financial year;
(b) each financial year after the 2017‑18 financial year, until the Parliament otherwise provides.
We've been clear about our position on the deficit levy. We don't like it and we don't support it.
… we don't believe that the answer of increasing the marginal tax rate is an innovative one or it's good policy …
The House divided. [11:11]
(The Speaker—Hon. Tony Smith)
That this bill be now read a third time.
Nation-building Funds Repeal (National Disability Insurance Scheme Funding) Bill 2017
The House divided. [11:50]
(The Speaker—Hon. Tony Smith)
That this bill be now read a third time.
Therapeutic Goods Amendment (2017 Measures No. 1) Bill 2017
Therapeutic Goods (Charges) Amendment Bill 2017
Faster access to medicines and medical devices comes with significant implications, and a considered and at times slower approach can have advantages as it allows for more rigorous evaluation of medicines and medical devices in a real-world setting, as opposed to the homogenous setting of the clinical trial.
That the following bills be referred to the Federation Chamber for further consideration:
Therapeutic Goods Amendment (2017 Measures No. 1) 2017; and
Therapeutic Goods (Charges) Amendment 2017.
Criminal Code Amendment (Firearms Trafficking) Bill 2017
If a sentence is fixed in advance without regard to the circumstances of the offence and the offender, and the court is not permitted to make an assessment of whether such a sentence is appropriate, then the sentence is bound to be arbitrary. There will be no rational or proportionate correlation between the deprivation of liberty and the particular circumstances of the case.
On at least 11 occasions … judges imposing the mandatory minimum sentence of 5 years imprisonment for people smuggling have made observations critical of the mandatory minimum varying degrees of stridency.
When a legislature is considering exercising the power to set a minimum bound for the exercise of the sentencing discretion, it will hopefully take account of the fact that the prescription of a minimum sentence creates the risk that a court may be required to impose a sentence which is disproportionate to the culpability of the offender, or the seriousness of the offence, or which may prejudice the prospects of rehabilitation and which is to that extent unjust, and will evaluate those risks against the perceived advantages of a mandatory minimum sentence.
... careful attention to maximum penalties will almost always be required, first because the legislature has legislated for them; secondly, because they invite comparison between the worst possible case and the case before the court at the time; and thirdly, because in that regard they do provide, taken and balanced with all of the other relevant factors, a yardstick.
It is both unusual and in general, in my opinion, undesirable that the Court should not have a discretion in the imposition of penalties and sentences, for circumstances alter cases and it is a traditional function of a Court of justice to endeavour to make the punishment appropriate to the circumstances as well as to the nature of the crime.
… there may exist wide differences in the degree of culpability of particular offenders, so that in principle there is every reason for allowing a discretion for the judge at trial to impose an appropriate sentence not exceeding the statutory maximum.
… [t]he administration of the criminal law involves individualised justice.
The imposition of a just sentence on an offender in a particular case is an exercise of judicial discretion concerned to do justice in that case.
It is unrealistic, therefore, and unjust, to prescribe a penalty or minimum penalty that must be imposed for any serious offence before it has been committed or is even in contemplation (or can even be foreseen by Parliament), before all the facts and circumstances are known and without knowing anything of the offender; and experience has shown that such measures do create injustice. Justice requires proper consideration of all the circumstances of the offence and the offender.
… voiced its unconditional opposition to mandatory sentencing as a penalty for any criminal offence on the basis that raises the potential for unintended consequences, such as:
So you are saying we can get to 50%—
with no net impact on power prices …
… there's no impact on electricity prices out of that policy …
Since the investigation commenced, the ROC received information which raised reasonable grounds for suspecting that documents relevant to this investigation may be on the premises of the AWU … and that those documents may be being interfered with (by being concealed or destroyed).
That so much of the standing orders be suspended as would prevent the Member for Watson from moving the following motion immediately:
The House:
(1) notes:
(a) yesterday, it was revealed the Australian Federal Police (AFP) did not have the resources to investigate the importation of 1.6 tonnes of cocaine;
(b) on the very same day, the Prime Minister’s Registered Organisations Commission sent at least 25 AFP officers to look at a 10-year-old donation to GetUp;
(c) in so doing, this Government diverted police resources needed to fight drug syndicates to protect his own political interests; and
(d) that this is just the latest example of this Prime Minister’s willingness to abuse his power and debase the Office of Prime Minister; and
(2) therefore, condemns this born-to-rule Prime Minister for his grubby attacks and blatant abuses of power designed to protect his own political interests instead of protecting Australians.
That the Member be no longer heard.
The House divided. [15:04]
(The Speaker—Hon. Tony Smith)
That the Member be no further heard.
The House divided. [15:08]
(The Speaker—Hon. Tony Smith)
The House divided. [15:10]
(The Speaker—Hon. Tony Smith)
The Government's failure to deliver inclusive growth.
A key issue will be to ensure that future economic, social and environmental policies sustain inclusive growth …
We need social investment in our people and in health and education, inclusive growth …
The report and speech will more closely mimic Labor's inclusive growth strategy, which is based on a smarter, healthier population.
Health inequalities and educational underperformance present big opportunities for Australia.
A key issue will be to ensure that future economic, social and environmental policies sustain inclusive growth—
Criminal Code Amendment (Firearms Trafficking) Bill 2017
… mandatory sentencing 'is an incremental stake stabbed in the heart of the foundations of our liberal democracy because it assumes that a centralised government with less information can make better decisions about individual cases than a decentralised courts with more information'.
The use of mandatory minimum penalties reflects the seriousness of the activity being prosecuted. It allows the court to determine an appropriate penalty within the minimum and maximum set by parliament.
This legislation includes mandatory minimum penalties for organisers and created a new offence of providing material support for people smuggling …
(1) Schedule 1, page 7 (after line 10), after item 1F, insert:
2 After section 360.3 of the Criminal Code
Insert:
360.3A Minimum penalties
(1) Subject to subsections (2) and (3), the court must impose a sentence of imprisonment of at least 5 years for a person convicted of an offence against this Division.
People aged under 18
(2) Subsection (1) does not apply to a person who was aged under 18 years when the offence was committed.
Reduction of minimum penalty
(3) A court may impose a sentence of imprisonment of less than the period specified in subsection (1) only if the court considers it appropriate to reduce the sentence because of either or both of the following:
(a) the court is taking into account, under paragraph 16A(2) (g) of the Crimes Act 1914 , the person pleading guilty;
(b) the court is taking into account, under paragraph 16A(2) (h) of that Act, the person having cooperated with law enforcement agencies in the investigation of the offence.
(4) If a court may reduce a sentence, the court may reduce the sentence as follows:
(a) if the court is taking into account, under paragraph 16A(2) (g) of the Crimes Act 1914 , the person pleading guilty—by an amount that is up to 25% of the period specified in subsection (1);
(b) if the court is taking into account, under paragraph 16A(2) (h) of that Act, the person having cooperated with law enforcement agencies in the investigation of the offence—by an amount that is up to 25% of the period specified in subsection (1);
(c) if the court is taking into account both of the matters in paragraphs (a) and (b)—by an amount that is up to 50% of the period specified in subsection (1).
(2) Schedule 1, page 12 (after line 4), after item 3M, insert:
4 After section 361.4 of the Criminal Code
Insert:
361.5 Minimum penalties
(1) Subject to subsections (2) and (3), the court must impose a sentence of imprisonment of at least 5 years for a person convicted of an offence against this Division.
People aged under 18
(2) Subsection (1) does not apply to a person who was aged under 18 years when the offence was committed.
Reduction of minimum penalty
(3) A court may impose a sentence of imprisonment of less than the period specified in subsection (1) if the court considers it appropriate to reduce the sentence because of either or both of the following:
(a) the court is taking into account, under paragraph 16A(2) (g) of the Crimes Act 1914 , the person pleading guilty;
(b) the court is taking into account, under paragraph 16A(2) (h) of that Act, the person having cooperated with law enforcement agencies in the investigation of the offence.
(4) If a court may reduce a sentence, the court may reduce the sentence as follows:
(a) if the court is taking into account, under paragraph 16A(2) (g) of the Crimes Act 1914 , the person pleading guilty—by an amount that is up to 25% of the period specified in subsection (1);
(b) if the court is taking into account, under paragraph 16A(2) (h) of that Act, the person having cooperated with law enforcement agencies in the investigation of the offence—by an amount that is up to 25% of the period specified in subsection (1);
(c) if the court is taking into account both of the matters in paragraphs (a) and (b)—by an amount that is up to 50% of the period specified in subsection (1).
5 Application of amendments
The amendments made by items 2 and 4 of this Schedule apply in relation to conduct engaged in at or after the commencement of this Schedule.
Former Victoria Police Chief Commissioner, Simon Overland, inadvertently carried a magazine containing live rounds of ammunition on a flight from Melbourne to Canberra in 2010. Prior to travelling, Mr Overland had removed a firearm from his bag, but forgot to take out the magazine. Under the proposed laws he may be facing a mandatory five year jail term.
The House divided. [17:51]
(The Speaker—Hon. Tony Smith)
The House divided. [17:56]
(The Speaker—Hon. Tony Smith)
That so much of the standing orders be suspended as would prevent the motion for the third reading being moved without delay.
The House divided. [18:00]
(The Speaker—Hon. Tony Smith)
That this bill be now read a third time.
That the question be now put.
The House divided. [18:07]
(The Speaker—Hon. Tony Smith)
The House divided. [18:11]
(The Speaker—Hon. Tony Smith)
That Mr Hill be discharged from the Joint Standing Committee on Trade and Investment Growth and that, in his place, Mr Hart be appointed a member of the committee.
Veterans' Affairs Legislation Amendment (Omnibus) Bill 2017
Hardly a street, any park or any of the suburbs in the inner south of Brisbane haven't been touched by the hard work and devotion to local issues by Shayne.
My decision to retire early was not easy. I have loved and cherished my role as a councillor and I am sad to leave it. But as a parent I know this is the right choice for my family. It also paves the way for a new councillor who can give the people of Morningside Ward the dedication and commitment they deserve.
I think the pressure of traffic will ultimately drive an east-west tunnel in the way I recommended … I think there are real challenges in the east-west corridor.
My question is to the Prime Minister. Given TV cameras turned up at the sites of AFP raids yesterday before even the Federal Police did, can the Prime Minister guarantee that his employment minister or her office didn't notify anyone in the press gallery before the raid?
My question is to the Prime Minister. In his previous answer, the Prime Minister said that Senator Cash had assured him that she did not advise the press gallery of the raids. Did Senator Cash assure the Prime Minister that her office did not advise the press gallery of the raids?
The DEPUTY SPEAKER ( Ms Price ) took the chair at 10:00.
This House:
(a) notes analysis of modelling commissioned by the Climate Change Authority that a 50% renewable energy target will cost an average household almost $200 a year; and
(b) calls on the Palaszczuk government to ditch its similar ideologically driven policy that will hurt Queensland families with higher electricity bills.
Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2017
Yes, this is many students, but this is also many, many families who rely on these penalty rates to pay the rent, put food on the table, put petrol in the car and it’s just going to make life so much harder.
We’ve had members and delegates in tears, we’ve had people calling us asking us when it starts, how are they going to go home and tell their families this afternoon that Mum just got a massive pay cut?
… Federal Court decision once again highlights the hypocrisy of the Labor Party and the unions.
Through cosy deals with big businesses, unions have become a big business in their own right, more focussed on making profits than representing people.
Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2017
Cutting penalty rates will not create jobs but it will build inequality.
… … …
This cut will disproportionately affect women, young people and people who already carry the burden of inequality. The rights of workers should take priority over the maximisation of profits.
While it is doubtful that lower penalty rates will result in any measureable increase in total employment in the retail and hospitality industries, there is no doubt that this decision will reduce incomes for some of the most insecure and poorly-paid workers in the economy. Statistical data confirm that the retail and hospitality workforce is disproportionately reliant on women, immigrants, and youth …
A payment is a training or welfare payment covered by this subsection if:
(a) the payment is made for the sole purpose of providing training or welfare services to either or both of the following:
(i) participants or former participants in any industry in which fund members participate;
(ii) spouses or dependants of such participants or former participants; and
(b) if the services are not provided by the operator of the fund:
(i) the services are provided at market value and on commercial terms …
Australian Grape and Wine Authority Amendment (Wine Australia) Bill 2017
It's very interesting to think about why the tourist goes to an area. I've spent a lot of time on tourism bodies over the years, and I've coined a one-liner called 'co-opetition'. The concept of bringing people to a region is not about coming to Brown Brothers to buy wine. Twenty years ago, that occurred. People would come to Milawa to buy wine. They go to Dan Murphy's now. Consequently, the offer has to be a regional offer. That means the whole of the region has to be cooperating collectively. When they get into the region, the co-opetition is to build a bigger pie. If you've got a bigger pie and a bit more to go around, we'll be absolutely relentless in making sure we get—
the biggest share of that pie. But if the pie is small, nobody gets very much. Collectively we have to create a destination for tourists by bringing the best opportunities of all the tourist aspects together, and that means people make a choice where they'll go. They don't go to a region for a single property or a single occasion. They really want a very large generous offer of lots of things coming together, such as the cycling—
We're seeing in north-east Victoria that this is changing the whole demographic of the visitors to this region.
Therein lies the opportunity and the problem, because the growers in the King Valley are totally focused on getting grapes in the ground and getting production, which they're also very good at. But at the end of the day, the success will be about marketing and taking this wine to market. Therefore, there's going to be a financial gap between opportunity and capability because the producers in the King Valley have done it very tough. They are short of capital and all that capital's going into production. In the future there needs to be the capacity to invest in the marketing.
In respect of the Modified Monash Model (MMM), a geographical classification system used to address the maldistribution of medical services across Australia: (1) Will the Minister advise if any locations have been identified for review of their classification under the model and, if so, whether any of these reviews resulted in a change to a classification?
(2) Are there are any plans for a review of practice classifications under the MMM and if so,
(a) when is such a review expected to occur, and
(b) when would the results be released?
(3) Will he detail the process for a medical practice to appeal their classification under the MMM?
(4) Will he advise if the Rural Classification Technical Working Group (RCTWG) still assesses classifications under the MMM and if so, what is the most appropriate way for medical practices to contact the RCTWG?
(1) The Modified Monash Model (MMM) is based on research developed by Professor John Humphreys et al. in a paper entitledWho should receive recruitment and retention incentives? Improved targeting of rural doctors using medical workforce data 1 and was modified through stakeholder consultations including theIndependent Review of Australian Government Health Workforce Programs – (Mason Review) 2 and the RCTWG.
Following the introduction of the MMM in 2015, the RCTWG was reconvened in February 2016 to consider whether the parameters and usage of the MMM were meeting the needs of rural communities. This included whether the current buffer zones around large cities accurately reflected the functional service areas of those cities. Consideration was also given to a number of towns where the MMM classification was disputed, including Tamborine Mountain, outside the Gold Coast Qld; Roebourne, north-east WA; Cloncurry, north Qld; Robertson, near Wollongong NSW; Two Wells, near Adelaide SA; Montville and Mapleton, near the Sunshine Coast Qld; Gumeracha, near Adelaide SA; Murwillumbah, near Gold Coast-Tweed Heads Qld.
As a result of discussions, the RCTWG supported the existing structure of the MMM. The discussion did lead to two towns in the Modified Monash category 6 (MM6), Cloncurry Qld and Roebourne WA, having incentive payments increased under the General Practice Rural Incentives Program to levels equivalent to Modified Monash category 7 in recognition of their individual difficulties in attracting doctors to the area. Note that both towns maintain their classification of MM6.
(2) (a-b) The MMM will be updated in 2018, after the Australian Bureau of Statistics update town boundaries and remoteness classifications to reflect changes in demographics as demonstrated through the 2016 Census. The updated MMM will be presented to the Distribution Working Group (DWG) for approval, at which time consideration will also be given to areas in which there is dispute about the current classification.
(3) It is not possible for a medical practice to appeal the location classification under the MMM. The MMM will continue to be based on objective data sources and well-defined parameters in order to determine appropriate classifications.
Programs making use of the MMM are able to establish their own processes to allow for discretion in consideration of factors other than an area's MMM classification as part of their eligibility requirements.
(4) The RCTWG held its last meeting in February 2016. The Australian Government has now established the DWG to address the maldistribution of the health workforce in Australia. One of the core responsibilities will be to consider mechanisms to encourage an equitable distribution of the health workforce. This includes the review and update of the MMM. The DWG has yet to specify the mechanism by which it will seek advice from the community.
2 https://www.health.gov.au/internet/main/publishing.nsf/Content/D26858F4B68834EACA257BF0001A8DDC/$File/
Review%20of%20Health%20Workforce%20programs.pdf