The SPEAKER ( Hon. Tony Smith ) took the chair at 10:00, made an acknowledgement of country and read prayers.
Report made a parliamentary paper in accordance with standing order 39(e).
That the House take note of the report.
That the order of the day be referred to the Federation Chamber for debate.
Fair Work Amendment (Ten Days Paid Domestic and Family Violence Leave) Bill 2020
That this bill be now read a second time.
Live Animal Export Prohibition (Ending Cruelty) Bill 2020
That this bill be now read a second time.
That this House:
(1) acknowledges that:
(a) 3 December 2020 was International Day of People with Disability; and
(b) the theme for this year's International Day of People with Disability was 'Building Back Better: toward a disability-inclusive, accessible and sustainable post COVID-19 world';
(2) notes that:
(a) the world leading National Disability Insurance Scheme (NDIS) is empowering people with disability all over Australia to make decisions about the supports that they receive, and to participate more fully in all aspects of our society as we recover from the COVID-19 crisis;
(b) the NDIS is now available to all eligible Australians, wherever they live;
(c) the NDIS is currently assisting more than 400,000 participants; and
(d) more than 175,000 NDIS participants are receiving supports for the first time;
(3) commends the Government on completing the successful roll out of the NDIS to all states and territories; and
(4) welcomes the Government's extension of temporary additional supports for NDIS participants during the COVID-19 pandemic until February 2021.
That this House:
(1) notes that:
(a) 25 November 2020 marked the United Nations' International Day for the Elimination of Violence against Women, beginning the 16 Days of Activism against Gender-Based Violence;
(b) approximately 45 Australian women have been murdered in a domestic violence homicide this year;
(c) one in three Australian women have experienced physical and/or sexual violence perpetrated by a man since the age of 15; and
(d) the COVID-19 pandemic has seen an escalation of domestic abuse, with more women accessing online services, and more men seeking support for abusive behaviour;
(2) commends the work of the family, domestic and sexual violence sector, which continues to deliver vital services to men, women and children amidst the pandemic;
(3) acknowledges that many family violence organisations are struggling to meet the demand for services—yet the Government has provided no additional funding in the budget; and
(4) urges the Government to:
(a) listen to the family violence sector and respond to their calls for more support to help women and children flee violence; and
(b) ensure the full resources of Government are used to eliminate family violence from our community.
Family Law Amendment (Western Australia De Facto Superannuation Splitting and Bankruptcy) Bill 2020
Native Title Amendment (Infrastructure and Public Facilities) Bill 2020
Electoral Amendment (Territory Representation) Bill 2020
VET Student Payment Arrangements (Miscellaneous Amendments) Bill 2020
That the House take note of the report.
That the order of the day be referred to the Federation Chamber for debate.
That the House take note of the report.
That the order of the day be referred to the Federation Chamber for debate.
Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill 2020
… there is no evidence demonstrating that it creates positive change for the people who will be subjected to it. This erosion of people's choice and control over their own lives destroys any sense of self-determination, it is an attack on their basic rights, the burden of proof should lie with the Government to prove without doubt that this policy works before enforcing it upon our communities …
The House divided. [13:24]
(The Speaker—Hon. Tony Smith)
There are multiple rings of containment within the quarantine and border system and, ultimately, these passengers have been picked up within those rings of containment.
How do I explain to my three girls that it is not whether you do a good job or not, it is just that they can bring someone else in and do it for cheaper than you?
That the House take note of each report.
That the orders of the day be referred to the Federation Chamber for debate.
Appropriation Bill (No. 1) 2020-2021
Appropriation Bill (No. 2) 2020-2021
Appropriation (Parliamentary Departments) Bill (No. 1) 2020-2021
Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill 2020
The House divided. [15:39]
(The Speaker—Hon. Tony Smith)
Applying a broad brush to all recipients in the current sites, no matter their circumstances, is harmful and unhelpful.
There's a high level of anxiety that exists elsewhere in the country beyond the three trial sites. In the northern Tasmanian community that I proudly represent, I've had distressed people, including pensioners, ask me if they will end up having their income managed. And with the amount of time and money spent in addressing the current challenges of this program, it is difficult to believe that this program will end with these current sites.
I also have a fundamental problem with how this program and this legislation aligns with my own principles. As a Liberal, I believe in personal and individual responsibility. It's the very foundation of our core principles. We work towards a lean government that minimises interference in our daily lives. Forcing the cashless debit card program on to people unless, or until, they can prove to the government that they can manage their own finances is antithetical to these principles. Do these principles only apply if you're not poor? I believe we're better than that.
The Law Council of Australia is concerned by the restrictive nature of the Cashless Debit Card (CDC) and urges the Parliament to abandon any plan to make it an ongoing program. With the House of Representatives debating the Social Security (Administration) Amendment (Continuation of Cashless Welfare) Bill today, the Law Council believes that the Bill is being pursued without the benefit of a full and independent evaluation of the CDC’s merits, or adequate community consultation of the Bill’s current proposals.
The CDC, especially as expanded, disproportionately applies to Indigenous peoples, and may be inconsistent with the Racial Discrimination Act 1975.
We thought we were helping when we replaced independence with welfare. This must change. We must restore the right to take responsibility. The right to make decisions. The right to step up. The opportunity to own and create Australian's own futures.
That this bill be now read a third time.
The House divided. [16:20]
(The Speaker—Hon. Tony Smith)
Foreign Investment Reform (Protecting Australia's National Security) Bill 2020
Foreign Acquisitions and Takeovers Fees Imposition Amendment Bill 2020
The House divided. [16:39]
(The Speaker—Hon. Tony Smith)
The House divided. [16:53]
(The Speaker—Hon. Tony Smith)
(1) Schedule 1, page 34 (after line 1), after item 80, insert:
80A After section 63
Insert:
63A Requirement to publish reasons for exemption certificates
(1) If the Treasurer gives an exemption certificate under section 57, 58 or 59, the Treasurer must, as soon as practicable after giving the certificate, ensure that the following are published on a website maintained by the Department:
(a) the exemption certificate;
(b) the reasons for deciding to give the certificate, including the reasons for any conditions specified in the certificate.
(2) If the Treasurer varies or revokes an exemption certificate under section 62, the Treasurer must, as soon as practicable after giving the variation or revocation, ensure that the following are published on a website maintained by the Department:
(a) the exemption certificate as varied, or a statement that the exemption certificate has been revoked (as the case requires); and
(b) the reasons for deciding to vary or revoke the certificate, including the reasons for any conditions specified on the varied certificate.
(3) The Treasurer may redact from an exemption certificate or reasons required to be published under subsection (1) or (2), any information that would be contrary to the national interest to publicly disclose.
(2) Schedule 1, page 48 (after line 3), at the end of Subdivision B of Division 2 of Part 3, add:
76B Requirement to publish reasons for no objection notifications
(1) If the Treasurer gives a no objection notification under this Subdivision, the Treasurer must, as soon as practicable after giving the notification, ensure the following are published on a website maintained by the Department:
(a) the no objection notification;
(b) the reasons for deciding to give the no objection notification, including the reasons for any conditions specified in the notification.
(2) If the Treasurer varies a no objection notification under subsection 74(4), the Treasurer must, as soon as practicable after giving the variation, ensure that the following are published on website maintained by the Department:
(a) the no objection notification as varied;
(b) the reasons for deciding to vary the no objection notification, including the reasons for revoking or varying an existing condition specified in the no objection notification, or for imposing a new condition.
(3) The Treasurer may redact from a no objection notification or reasons required to be published under subsection (1) or (2), any information that would be contrary to the national interest to publicly disclose.
(3) Schedule 1, item 132, page 67 (after line 9), after subsection 79M(1), insert:
Requirement to include reasons for orders
(1A) The Treasurer must ensure that an order registered under subsection (1) includes the Treasurer's reasons for making the order.
(1B) The Treasurer may redact from the reasons required to be included in the order under subsection (1A), any information that would be contrary to the national interest to publicly disclose.
(4) Schedule 1, item 132, page 71 (after line 6), after subsection 79S(1), insert:
Requirement to include reasons for directions
(1A) The Treasurer must ensure that a direction that is published under subsection (1) includes the Treasurer's reasons for making the direction.
(1B) The Treasurer may redact from the reasons required to be included in the direction under subsection (1), any information that would be contrary to the national interest to publicly disclose.
(5) Schedule 1, item 132, page 72 (after line 6), after subsection 79U(3), insert:
(3A) The Treasurer must ensure that a variation or revocation hat is published under subsection (3) includes the Treasurer's reasons for making the variation or revocation.
(3B) The Treasurer may redact from the reasons required to be included in the variation or revocation under subsection (3A), any information that would be contrary to the national interest to publicly disclose.
The House divided. [17:07]
(The Deputy Speaker—Mrs Wicks)
That this bill be now read a third time.
Foreign Acquisitions and Takeovers Fees Imposition Amendment Bill 2020
That this bill be now read a third time.
That Mrs Wicks be discharged from the Joint Standing Committee on Electoral Matters and that, in her place, Mr Conaghan be appointed a member of the committee.
Excise Levies Legislation Amendment (Sheep and Lamb) Bill 2020
Customs Charges and Levies Legislation Amendment (Sheep and Lamb) Bill 2020
… cross-industry research, to leverage private sector investment and to target transformational innovation.
That all words after "That" be omitted with a view to substituting the following words:
"whilst not declining to give the bill a second reading, the House condemns the Government for its failed record in assisting drought-affected farmers and communities".
That this bill be now read a third time.
Customs Charges and Levies Legislation Amendment (Sheep and Lamb) Bill 2020
That this bill be now read a third time.
That Ms Swanson be discharged from the Select Committee on Regional Australia and that, in her place, Mr Fitzgibbon be appointed a member of the committee.
Corporations Amendment (Corporate Insolvency Reforms) Bill 2020
(2) Calls on the Treasurer to abide by the requirements in Section 588HA of the Corporations Act 2001, which required the Minister to cause an independent review of the safe harbour insolvency provisions inserted into the Corporations Act 2001 by the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 to be completed and tabled in parliament by September 2019.
That all words after "That" be omitted with a view to substituting the following words:
"whilst not declining to give the bill a second reading, the House:
(1) notes that the Government has:
(a) failed to provide adequate support for ordinary Australian small businesses during the COVID-19 pandemic, leading to a potential wave of insolvencies over the next year; and
(b) rushed through this legislation with limited consultation, providing stakeholders only five days to consider the exposure draft of this legislation; and
(2) calls on the Treasurer to abide by the requirements in Section 588HA of the Corporations Act 2001 , which required the Minister to cause an independent review of the safe harbour insolvency provisions inserted into theCorporations Act 2001 by theTreasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 to be completed and tabled in Parliament by September 2019".
In perhaps the clearest display of the haste with which these reforms were prepared, and are being enacted, the period for submission from the "insolvency industry" was effectively two days …
… fresh from his ashram deep in the Himalayas, barefoot, robes flowing, incense burning, beads in one hand, wellbeing budget in the other …
The welfare of a nation can scarcely be inferred from a measurement of national income.
The DEPUTY SPEAKER (Ms Bird) took the chair at 10:30.
That this House:
(1) notes that under the Government's child care subsidy system:
(a) fees and out of pocket costs are out of control, with the Department of Education predicting that fees will increase by 5.3 per cent in 2020-21;
(b) fees have increased by more than 35 per cent since the election of the Government in 2013;
(c) Australian families contribute 37 per cent of early education and child care costs, compared to the OECD average of 18 per cent;
(d) there is an annual subsidy cap which is a significant barrier to work for many families; and
(e) secondary income earners earn very little take home pay if they go back to work full time;
(2) further notes that recent reports by the Grattan Institute, KPMG, and PwC have found that increased investment in early education and child care would boost Australia's gross domestic product by between $4 billion and $11 billion through increased workforce participation; and
(3) calls on the Government to fix its broken child care subsidy system that has failed to keep a lid on costs and has failed to support working parents, particularly women, to work full time or increase their hours.
That this House:
(1) notes the Returned and Services League of Australia (RSL) was founded in 1916 to ensure a unified approach to address the lack of organised repatriation facilities and medical services available to those returning from the Great War;
(2) recognises there are RSL branches and sub-branches in every state and territory, and most local communities have a RSL club;
(3) further notes the motto of the RSL is 'The Price of Liberty is Eternal Vigilance';
(4) acknowledges that RSL clubs help veterans and communities right around Australia in many and varied ways; and
(5) congratulates the many hard-working volunteers and community-minded citizens who help make the RSL the success that it is.
That this House:
(1) notes that:
(a) charities are the most trusted sector in Australian public life;
(b) charities employ over one million Australians and contribute nearly one-tenth of Australia's national income;
(c) charities are the first line of support for the most vulnerable in our communities during times of economic and social upheaval;
(d) meeting the requirements of Australia's seven different fundraising regimes is wasting the time and energy of Australian charities and not-for-profit organisations; and
(e) the Government's failure to act on fundraising reform is costing Australian charities over $1 million every month;
(2) recognises that:
(a) for several years, the charity and not-for-profit sector has been calling for reform of Australia's fundraising laws;
(b) Treasury's 5 year review of the Australian Charities and Not-for-profits Commission, delivered on 31 May 2018, identified fundraising law as the major reporting burden on charities and recommended that fundraising law be harmonised across the country;
(c) on 14 February 2019, the Senate Select Committee on Charity Fundraising in the 21st Century called on parliament to harmonise fundraising law within two years;
(d) that inquiry, chaired by Labor Senator Catryna Bilyk, delivered a unanimous report, with its recommendations being supported by Greens Senator Rachel Siewert, Liberal Senators Eric Abetz and Amanda Stoker, former Labor Senator David Smith, and former United Australia Party Senator Brian Burston;
(e) throughout 2020, the National COVID-19 Coordination Commission's Not for Profit Working Group, the Royal Commission into National Natural Disaster Arrangements, and the Charities Crisis Cabinet have all identified harmonisation of fundraising laws as a key initiative in helping Australian charities provide strong support for our communities; and
(f) failure to deliver fundraising reform has significant costs to the charity and not-for-profit sector, with the Senate Select Committee on Charity Fundraising in the 21st Century report estimating that the annual cost to charities and their donors is around $15 million; and
(3) calls on the Government to:
(a) apologise to Australian charities for failing to meet the two-year timeframe set out in the Senate Select Committee on Charity Fundraising in the 21st Century report;
(b) now commit to support Australian charities and the communities they serve by ending unnecessary waste of their precious resources;
(c) support the generous Australian donors who donate money to our charities, by ensuring their donations are not needlessly eroded by redundant administrative and regulatory costs; and
(d) confirm a timeline for the commencement of a consistent national model for regulating not-for-profit and charitable fundraising activities.
"Ultimately, we have to be able to answer the question of what does a charity do if they put a donate button on their website?" … "If the answer to that question is that they have to look at seven different laws just to work out how to comply… we haven't answered the question and we are holding the sector back at a most crucial time."
With the advent of social media platforms and news sites, all of which have no state boundaries, our work is seen across borders.
That this House notes that:
(1) 25 August 2020 marked three years since over 700,000 Rohingya, including more than 400,000 children, fled from targeted violence in Myanmar's Rakhine State, to Bangladesh;
(2) the camps in Bangladesh now host over 850,000 refugees in crowded conditions which is also impacting the lives of over 400,000 local Bangladeshis;
(3) an estimated 600,000 Rohingya remain in Rakhine State;
(4) since 2017, the Australian Government has provided over $260 million in lifesaving humanitarian assistance for displaced and conflict-affected communities in Bangladesh and Myanmar, working through UN agencies, international and national NGOs such as BRAC, Save the Children, CARE, World Vision, Plan International and Oxfam and their local partners to deliver food, shelter, water and sanitation, health and education services, and targeted support for women and girls to help combat risks including gender-based violence and trafficking;
(5) annual monsoons and cyclones have brought additional risks, and the COVID-19 virus has now arrived, with 88 confirmed cases to date in the Cox's Bazar camps and over 80 active cases in Rakhine State; and
(6) Australia remains committed to supporting Myanmar to create conditions on the ground conducive to voluntary, safe, dignified and sustainable returns for all displaced peoples.
I am three years old and will have to grow up with the hostility of others. I am already an outlaw in my own country, an outlaw in the world. I am three years old, and don’t yet know that I am stateless.
That this House:
(1) notes that:
(a) in November 2020, the Australian Securities and Investments Commission (ASIC) released a report entitled, Buy now pay later: an industry update , which set out the key observations about the Buy Now Pay Later (BNPL) industry, the experiences of consumers and recent regulatory developments;
(b) the report found that:
(i) more than 1 in 5 BNPL consumers surveyed missed a payment in the past 12 months, resulting in over $43 million in late fees for the 2018-19 financial year;
(ii) most BNPL consumers who had missed a payment had used multiple BNPL providers in the past six months;
(iii) nearly 40 per cent of BNPL consumers surveyed who had missed a payment in the past 12 months also had a payday loan or similar; and
(iv) 20 per cent of all BNPL consumers surveyed said they had cut back, or went without, essentials, like meals, to make their payments;
(c) BNPL providers have stated no more than 1 per cent of their consumers have been in financial hardship during COVID-19, and that this is inconsistent with the observations contained in the ASIC report for the 2018-19 financial year; and
(d) BNPL providers are not regulated by the National Consumer Credit Protection Act 2009 and are therefore not bound by responsible lending obligations; and
(2) calls on the Government to:
(a) respond to the report of the Senate Standing Committee on Economics entitled Credit and Financial Services Targeted at Australians at Risk of Financial Hardship tabled in the Parliament in February 2019 as a matter of urgency;
(b) introduce a bill that would amend the National Consumer Credit Protection Act 2009 to enact the recommendations of the Government's Review of Small Amount Credit Contract Laws;
(c) extend the National Consumer Credit Protection Act 2009 to BNPL providers; and
(d) ensure no changes are made to the National Consumer Credit Protection Act 2009 that would undermine or weaken responsible lending obligations as per the recommendations of Commissioner Kenneth Hayne.
… we are unable to say anything positive about the Government's plans. The repeal of responsible lending obligations for almost all forms of consumer credit is the most short-sighted, poorly thought out policy proposed by a government in credit or financial services in recent memory.
That this House:
(1) notes that:
(a) the benefits of home ownership are enjoyed during the working life of Australians, and in retirement;
(b) home ownership is more critical for a secure retirement than a large superannuation balance, as income can be supplemented by the pension;
(c) there is a disturbing rise of Australians who are entering retirement in poverty because of a lack of home ownership, particularly amongst separated and divorced women;
(d) currently Australians are forced to save for superannuation first and a home second;
(e) young Australians are struggling to save enough for a home deposit because their savings are locked away in superannuation;
(f) Australians only benefit from superannuation for about 20 years; and
(g) Australians draw the benefits of home ownership for around 50 years—both while working and in retirement; and
(2) recognises and acknowledges that:
(a) the order should be reversed: home first, super second;
(b) if young Australians could use their superannuation with other savings for a home deposit, they could buy a home both earlier and more cheaply; and
(c) by owning a home, young Australians will have a better life and a better retirement.
… had employers not paid nine percentage points of wages as superannuation contributions to employee superannuation accounts, they would have paid it in cash as wages.
The Australian retirement income system is effective, sound and its costs are broadly sustainable.
Not-for-profit funds, as a group, have systematically outperformed retail funds.
… some retail fund directors, although considered 'independent', are on a number of related-party boards, which raises questions about their independence and fuels perceptions of (and sometimes actual) conflicts of interest.
... we find no evidence to suggest that a one percentage point increase in the Superannuation Guarantee minimum contribution rate will lead to a ... reduction in wage growth.
... our analysis suggests that increasing the Superannuation Guarantee ... will give workers a share of productivity they have not been getting in the market—with minimal loss, if any, to their cash wages—
That this House:
(1) affirms the longstanding, important, and respectful relationship between Australia and the Philippines, and supports the ongoing cooperation between our countries in key areas like regional development, maritime security, and disaster risk and reduction management;
(2) expresses its opposition to the recently intensified repression directed at human rights and labour rights defenders in the Philippines, evident by the:
(a) International Trade Union Confederation listing the Philippines in the top ten worst countries for workers' rights as a result of the extrajudicial killings of forty-six union members and officials in the last three years;
(b) deteriorating human rights environment and the rise in unlawful killings by state agencies which means that workers, civil servants, trade union organisations, and labour activists fear for their safety;
(c) nearly three-year extension of martial law in Mindanao, after it was initially approved for sixty days, and which only ended in December 2019; and
(d) UN Human Rights Council's adoption of resolution 41/2 expressing concern over human rights violations and requesting the UN High Commissioner for Human Rights to prepare a comprehensive report on the human rights situation in the Philippines that was due in June 2020;
(3) supports recommendations put forward by the International Labour Organization's (ILO) Conference Committee on the Application of Standards to:
(a) oppose any language that creates a negative stigmatisation of those defending the rights of workers and human rights; and
(b) oppose any military intervention in industrial disputes, as such interventions in trade union affairs can only occur with approval of the Government, which constitutes a grave violation of human rights and the principles of freedom of association; and
(4) calls on the Government to support the upholding of labour and human rights, in line with international standards, by endorsing:
(a) the ILO's resolution to send a high-level tripartite mission to the Philippines to conduct an open, transparent, and robust investigation of the human rights situation; and
(b) any auditing process of Australian security engagements in the Philippines, such as the Enhanced Defence Cooperation Program, as a way of ensuring we are not indirectly supporting human rights violations in the Philippines.
That this House:
(1) condemns:
(a) lawless activity on workplaces in Australia;
(b) the use of vessel bans, overtime bans, acting up bans, shift bans, and stop work meetings by the Maritime Union of Australia (MUA) that has created chaos on Australian wharves;
(c) the use of industrial action in support of pay increases of over 30 per cent for people earning over $300,000 while damaging the capacity of so many other businesses to pay workers on much lower salaries and create jobs; and
(d) industrial action that threatens supply of critical medical supplies in the middle of a pandemic;
(2) notes that:
(a) many industry sectors including agriculture and road transport have reported supply chain problems which are linked to the MUA's actions;
(b) it is estimated that $165.6 million of imports and $66.9 million of exports per day were disrupted; and
(c) vital medical supplies are being disrupted, at a time when they are needed the most;
(3) further notes that this industrial action is:
(a) not in support of any safety or other related issue but rather pay increases for many people who are earning over $300,000 a year;
(b) supported by many other associated entities of the labour movement such as the Australian Labor Party, industry super owned proxy adviser Australian Council of Superannuation Investors, industry super owned media companies such as The New Daily , class action law firms, and others; and
(c) consistent with previous actions that have hurt our national interests such as during World War I, World War II, the Vietnam War and other times; and
(4) notes the failure of the interest based bargaining that has handed over management control to the MUA and still resulted in out of control industrial action and disempowered workplaces, and threatens the Australian dream.
… 40 of them out there. You can go down to Port Botany or down to Kurnell and have a look out there and you can see them lining up and every single one of them lining up is being held back from Australians getting what they need in the middle of a recession.
… vital medical supplies are being disrupted, at a time when they are needed the most …
The head of Patrick Terminals has admitted the industrial dispute roiling Australia's ports has not led to any containers of medical supplies being held up …
That this House:
(1) notes the:
(a) substantial investment the Government has made since 2013 in funding urban infrastructure projects to reduce congestion and improve quality of life for people living in urban areas; and
(b) significant role the Government has played in partnering with state governments and private enterprise to ensure these essential projects are carried forward;
(2) acknowledges the positive impact these projects have had on the Australian economy through boosting productivity and creating jobs;
(3) commends the Government for its ongoing commitment to reducing traffic congestion and improving road safety through a record $110 billion transport infrastructure program, boosting the economy, creating jobs and getting Australians home sooner and safer; and
(4) congratulates the Government on the recent completion of numerous major infrastructure projects, including NorthConnex, which is enabling drivers to travel between Newcastle and Melbourne without stopping at a single traffic light, boosting productivity as well as improving traffic flow and pedestrian safety on Pennant Hills Road.