The SPEAKER ( Hon. Tony Smith ) took the chair at 09:30, made an acknowledgement of country and read prayers.
That the time for the presentation of the report of the Parliamentary Joint Committee on Corporations and Financial Services on its inquiry into the Franchising Code of Conduct and Oil Code of Conduct be extended to 14 February 2019.
The Senate transmits to the House of Representatives the following resolution which was agreed to by the Senate this day:
That the Senate calls on the Federal Government to legislate to phase out long-haul live sheep exports.
The Senate requests the concurrence of the House of Representatives in this resolution.
That the consideration of the message be made an order of the day for the next sitting.
That all words after "That" be omitted with a view to substituting the following words:
"the message be considered immediately".
The reputation of our industry rests on how well the industry is regulated.
That the question be now put.
The House divided. [11:30]
(The Speaker—Hon. Tony Smith)
The House divided. [12:15]
(The Speaker—Hon. Tony Smith)
The House divided. [12:21]
(The Speaker—Hon. Tony Smith)
Tertiary Education Quality and Standards Agency Amendment Bill 2018
That this bill be now read a second time.
That so much of the standing orders be suspended as would prevent:
(1) private Members' business order of the day No. 17 relating to the National Integrity Commission Bill 2018 standing in the name of the Member for Indi being called on immediately and being given priority over all other business, except for Question Time, for final determination by the House;
(2) immediately on conclusion of consideration of the National Integrity Commission Bill 2018, private Members' business order of the day No. 23 relating to the Coal-fired Power Funding Prohibition Bill 2018 standing in the name of the Member for Melbourne, being called on immediately and being given priority over all other business, with the exception of Question Time, for final determination by the House;
(3) immediately on conclusion of consideration of the Coal-fired Power Funding Prohibition Bill 2018, private Members' business order of the day No. 25 relating to the Migration Amendment (Urgent Medical Treatment) Bill 2018 standing in the name of the Member for Wentworth, being called on immediately and being given priority over all other business, with the exception of Question Time, for final determination by the House;
(4) notwithstanding the above, if the leader of the House and the Manager of Opposition Business agree that order of the day No. 1 relating to the Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 should be given priority, then that order of the day shall be given priority over all other business, provided that the orders referred to in (1) to (3) above must be finally determined pursuant to (5) below; and
(5) if consideration of the orders of the day has not been completed by 7.30 pm on Wednesday, 5 December, any questions necessary to complete the House's consideration of the orders of the day being put to the House immediately and without delay or intervening debate.
The House divided. [13:02]
(The Speaker—Hon. Tony Smith)
Offshore Petroleum and Greenhouse Gas Storage Amendment (Regulations References) Bill 2018
That this bill be now read a second time.
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment (Regulations References) Bill 2018
That this bill be now read a second time.
Defence Legislation Amendment Bill 2018
That this bill be now read a second time.
Parliamentary Service Amendment (Post-election Report) Bill 2018
That this bill be now read a second time.
That this bill be now read a second time.
This petition of people living with Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS) draws to the attention of the House the many Australians with ME/CFS whose applications for the National Disability Insurance Scheme (NDIS) are being unfairly rejected. We ask the Australian Government to work with Emerge Australia to address this injustice.
We request for action by the House to: 1. Partner with the ME/CFS community to develop appropriate guidelines for NDIS assessors. 2. Add ME/CFS to List B of permanent conditions where further assessment is required.
It is surprising to see this legislation proposed by a Liberal Government. This is the kind of intrusive, heavy-handed intervention into the market you would expect from the Greens.
… totally counter to liberal values of free enterprise and small government—
It will be a deterrent for future investment and won't lower electricity prices but will actually have the reverse effect.
It was exactly what self employed people want, the choice to take those blocks of paid parental leave … in a way that suits them.
The legislation will apply to government owned enterprises. In such cases any divestiture may be made to another government owned energy company where the two entities genuinely compete with one another.
I'm not really sure … It's a profound and deep decision the nation needs to make and we haven't made it.
The Government's irresponsible forced divestiture energy policy.
We're bringing electricity prices down. Our big stick legislation is pressuring energy companies to give Australian families better prices. And it's working.
Electricity retailers' discounting practices are a deliberate tactic to give the impression that an offer is significantly cheaper than other offers in the market when this is often not the case. This behaviour is confusing, at times misleading, and leads to poor consumer outcomes.
… lack of competitive pressure is of concern to the ACCC, particularly given the critical need for a sufficient level of competition …
In each NEM region the current combined market shares of the three most significant generators is close to or in excess of 70 per cent on the capacity measure, and over 80 per cent on the dispatched energy measure.
In certain regions of the NEM, particularly South Australia, the level of liquidity and the advantages enjoyed by vertically integrated retailers make it difficult for new entrants and smaller retailers to compete effectively in the retail market.
Requiring the divestiture of privately owned assets is an extreme measure to take in any market, including the electricity market.
… the ACCC does not believe it would be appropriate to intervene to unwind the way in which the market has evolved across the National Electricity Market.
I think I can confidently say Senator I found out about it when everybody else did, when I read about it—
in the newspaper.
The Labor party staunchly opposed Colin Barnett's proposal to sell Western Power – the distribution network spanning most of the state outside the South West. While the Liberals, Nationals and ACCC advocated that privatising could reduce power bills as much as 51%, Labor warned the sale would lead to higher prices as well as lower maintenance and service standards since electricity distribution is not a competitive industry. With McGowan's convincing victory in the election, Western Power will remain in public hands.
Despite outrage at the idea of selling Western Power, it appears Labor has just sold part of Synergy.
WA households could be hit with flat electricity price increases of more than 15 per cent over the next three years as the State Government shores up power provider Synergy's financial position.
After consumers were stung with an 11 per cent increase in power bills this year, Energy Minister Ben Wyatt signalled the Government was aiming to repeat the dose in coming years.
Mr Wyatt told a Budget estimates hearing into Synergy that the forecast improvement in the power supplier's bottom line for this financial year was largely because of the decision to impose the price increase on "fixed" charges.
For residential customers, this is the supply charge and is separate from consumption charges.
A typical household power bill is $1722 a year, according to Treasury.
With assumed price increases in the State Budget of 7 per cent, 5.6 per cent and 3.5 per cent between 2018-19 and 2020-21, Mr Wyatt said "there is probably still more to come" …
The principle that governments can misuse their power to break up companies sets a dangerous precedent that will deter investment across the economy.
This will do nothing to solve high power prices for families and businesses struggling to pay their bills today.
Intelligence Services Amendment Bill 2018
Foreign Influence Transparency Scheme Legislation Amendment Bill 2018
Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2018
That business intervening before order of the day No. 45, government business, be postponed until a later hour this day.
Fair Work Amendment (Repeal of 4 Yearly Reviews and Other Measures) Bill 2017
That the amendments be disagreed to.
That the reasons be adopted.
That the House take note of the report.
That the order of the day be referred to the Federation Chamber for debate.
Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2018
That the debate be adjourned.
That so much of the standing orders be suspended as would prevent the resumption of debate on the motion that the Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2018 be read a second time being made an order of the day for a later hour.
That the words 'for a later hour' be deleted and replaced with 'on the first sitting day of 2019'.
Parliament shouldn't be about racing through legislation. Debate on important legislation like the Budget should not be shoved aside, it should take place in the Main Chamber.
The Australian people expect Parliament to sit a full time schedule and consider all items diligently. A Coalition Government will not rush its Parliamentary agenda …
That the question be now put.
The House divided. [16:55]
(The Speaker—the Hon. Tony Smith)
The House divided. [17:01]
(The Speaker—Hon. Tony Smith)
That the resumption of debate on the motion that the bill be read a second time be made an order of the day for a later hour.
That the words 'later hour' be replaced with 'first day of sitting 2019'.
That the question be now put.
The House divided. [17:05]
(The Speaker—Hon. Tony Smith)
The House divided. [17:09]
(The Speaker—Hon. Tony Smith)
That so much of the standing orders be suspended as would prevent the Member for Port Adelaide from moving the following motion immediately:
The House:
(1) notes the Government has failed to observe all due processes to allow Members, businesses and State Governments to properly scrutinise legislation presented to the House today; and
(2) calls on the Government to schedule this bill for debate in the first sitting week of 2019.
That the Member be no longer heard.
The House divided. [17:18]
(The Speaker—Hon. Tony Smith)
That the Member be no longer heard.
The House divided. [17:22]
(The Speaker—Hon. Tony Smith)
That the question be now put.
The House divided. [17:26]
(The Speaker—Hon. Tony Smith)
The House divided. [17:29]
(The Speaker—Hon. Tony Smith)
Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2018
That the debate be adjourned.
That the debate be adjourned.
The House divided. [17:43]
(The Speaker—Hon. Tony Smith)
Australia's business community and the energy sector urge the Australian Government to abandon proposed legislation that will impede the broader investment environment in Australia and specifically discourage badly needed investment in the energy sector.
We are disappointed the Government has introduced this Bill into the Parliament, not only because it represents unprecedented market intervention, but also because of the secretive way the Bill has been developed without any reasonable consultation or consideration of its impacts.
This Bill, if passed, will have far-reaching consequences beyond the energy industry. And yet, despite these ramifications and without the support of any industry body, consumer group or even its own regulator, the Government is pressing on regardless.
The ACCC concluded there was no need for these intrusive powers in the already heavily regulated energy market. It is disappointing that we are not focusing on implementing the positive recommendations in the ACCC Report which would actually improve market transparency and price outcomes for customers.
Instead the ACCC's recommendations have been pushed aside in favour of heavy-handed and poorly drafted market interventions.
There remain constitutional issues with the Bill and it is devoid of detail, uncertain and vague to the extent that market participants could not be confident about how to comply with it.
Given the Government says it wants to lower prices and encourage investment it is hard to understand why this Bill, that would achieve the precise opposite, is necessary.
The Bill if passed would only raise risk and costs, leading to higher prices for Australian homes and businesses.
We urge the Government to reconsider the Bill and instead return to negotiations with industry to deliver better outcomes for customers.
The principle that governments can misuse their power to break up companies sets a dangerous precedent that will deter investment across the economy.
This will do nothing to solve high power prices for families and businesses struggling to pay their bills today.
That all words after "That" be omitted with a view to substituting the following words: "the House declines to give the bill a second reading, and notes:
(1) this unprecedented intervention into markets which will result in higher prices for families and businesses;
(2) the Government has abandoned all pretence at being the party of free enterprise and open markets; and
(3) the Government has abandoned all proper processes, scrutiny and consultation.
This lack of competitive pressure is of concern to the ACCC, particularly given the critical need for a sufficient level of competition in this market to drive affordable electricity prices.
In all NEM regions, a single generation business accounted for more than 30 per cent of dispatched energy in the year to April 2018.
… the level of liquidity and the advantages enjoyed by vertically integrated retailers make it difficult for new entrants and smaller retailers to compete effectively in the retail market.
Requiring the divestiture of privately owned assets is an extreme measure to take in any market, including the electricity market.
… … …
… the ACCC does not believe it would be appropriate to intervene to unwind the way in which the market has evolved across the NEM—
I think I can confidently say I found out about it when everybody else did: when I read about it in the newspaper.
… … …
And I guess, divestiture is such an extreme step that we felt that judgement would be very hard to reach.
… … …
But that was the judgement we reached, and our view hasn't changed.
It is surprising to see this legislation proposed by a Liberal Government. This is the kind of intrusive, heavy-handed intervention into the market you would expect from the Greens.
I don't support the Federal Government's plan. The people of Queensland have spoken in relation to the sale of assets and there is no appetite for that.
The PM's plan is out of touch.
… these are violations that meet the strict characterization of Section 1 … A per se violation requires no further inquiry into the practice's actual effect on the market or the intentions of those individuals who engaged in the practice. Conduct characterized as per se unlawful is that which has been found to have a "'pernicious effect on competition' … Such conduct "would always or almost always tend to restrict competition and decrease output."
(b) limiting production … to the prejudice of consumers.
That standing order 31 be suspended for the remainder of this sitting.
Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2018
The principle that governments can misuse their power to break up companies sets a dangerous precedent that will deter investment across the economy. This will do nothing to solve high power prices for families and businesses struggling to pay their bills today.
… the worst piece of public policy making in a couple of generations. The NEG at least gives us a pathway out.
They are inconsistent with best practice for a modern economy, such as Australia's, and were specifically considered and rejected by the ACCC and the Harper Competition Policy Review. If enacted, these powers would cast a pall over investment in all sectors of the Australian economy and threaten the economic attractiveness of a country highly reliant on foreign investment.
Ignoring the advice of the ACCC and instead choosing to head down a path that threatens breaking-up electricity companies will not cut electricity bills.
The watchdog itself has called this "extreme" …
As it currently stands, in rare situations where a market power abuse finding has been made by a Court, the Court can order the company be restrained and also impose a large fine against the company. This is problematic for two reasons:
(a) No amount of restraint or fine will bring back to life the hundreds of small businesses that have been wiped out by a large company's misuse of their market power. Once small businesses have failed the market dominance of the big business is entrenched forever. I have witnessed this happen across the Australian business landscape in the grocery, fuel, hardware and liquor sectors.
(b) The perpetrators of market abuse can be so large that the fine may well be considered by the offending company as simply a cost of business. A monetary fine does not constrain dominant companies from misusing their market power, because they know they will rarely be caught and, if they are, the short term penalty will not be more than the longer term benefit they have obtained.
It makes sense that a Court should have a remedy in its tool kit that makes it impossible for a serious or repeat big business offender to offend again.
Divesture would enable the Courts to break up serious or repeat big business offenders who have grown so large their conduct is not sufficiently influenced by Australia's Competition Laws.
Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018
The DEPUTY SPEAKER (Mr Hogan) took the chair at 10:00.
Through removing ASL caps, agencies may have greater flexibility to recruit specialist staff at a reduced cost.
The Peebinga area has grain and sheep producers and two Major irrigators with a large work force.
At Peebinga we are at a distinct disadvantage when it comes to being competitive in the grain, wool and lamb markets, not being able to contact agents or traders on time can be extremely costly, this is a real issue for us, not being able to use mobile phone or data services puts us at a disadvantage when we can't make or receive phone calls, text messages or emails when we are at work on the property, waiting for someone to call you back on our landline is so non-productive.
When we have a break down or an emergency situation we have to make a dash for one of our land lines so we can make the appropriate calls to get the issue attended too. This is unproductive for modern farming enterprises and is certainly unproductive for our farm which supports several families.
The Brown's Well Highway continues to grow in use as it is a north south freight route, and now is a designated road train route, the poor condition of the road makes mobile communication very important for heavy freight and local traffic users.
We're doing incredible things as lifesavers and we really can be the heart and soul of our community.
I was his wife, but that's as far as it went. I've got nothing to do with the land, that was his fight. He had to fight for his land. It was hard at times. When things were a bit tough on him, I had to wear it. But other than that I knew it was hard for him, and I couldn't do anything to help. We just hung in there.
We were just outside of Sydney and we stopped and pulled up on the side of the road and Malita rang us and said 'dad won the decision, won the case', she said.
And we just jumped out and we just hugged each other. And we were as proud as punch.
We seek constitutional reforms to empower our people and take a rightful place in our own country. When we have power over our destiny our children will flourish. They will walk in two worlds and their culture will be a gift to their country.
We believe there is a strong desire among all Australians to know more about the history, traditions and culture of Aboriginal and Torres Strait Islander peoples and their contact with other Australians both good and bad. A fuller understanding of our history including the relationship between Black and White Australia will lead to a more reconciled nation. We have made some recommendations about how this might be achieved.
The Committee recommends that the Australian Government support the process of truth-telling. This could include the involvement of local organisations and communities, libraries, historical societies and Aboriginal and Torres Strait Islander associations. Some national coordination may be required, not to determine outcomes but to provide incentive and vision. These projects should include both Aboriginal and Torres Strait Islander peoples and descendants of local settlers. This could be done either prior to or after the establishment of the local voice bodies.
We seek constitutional reforms to empower our people and take a rightful place in our own country. When we have power over our destiny our children will flourish. They will walk in two worlds and their culture will be a gift to their country.
I don't believe that would be able to be passed at a referendum and it's not a policy that I would support.
Of course, the apology was not the end of the story; it was just the beginning … it was just a step on the road to reconciliation.
Truth-telling is crucial to the ongoing process of healing and reconciliation in Australia.
I hope that, when he looks back on whatever his father achieves in this place, he will be proud of the efforts his dad made towards constitutional recognition of and reconciliation with our First Nations peoples. This remains one of Australia's great national goals.
This issue is fresh and real in my mind and my heart. We have made mistakes with tobacco, asbestos and coal dust in the past. We sat idly by thinking everything would be okay. We cannot afford to do that with PFAS.
The Mackay region is "ground zero" for unfair labour hire practices, Opposition Leader Bill Shorten … has pledged to crack down on labour hire companies that "rip off and exploit" …