The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
That on Thursday, 4 July 2019—
(a) following the reporting of a message from the House of Representatives transmitting the Treasury Laws Amendment (Tax Relief So Working Australians Keep More Of Their Money) Bill 2019 for concurrence, the bill be considered immediately and have precedence over all other government business until determined;
(b) if by 2 pm consideration of the bill has not concluded, then the routine of business after 3.30 pm be government business only;
(c) divisions may take place after 4.30 pm; and
(d) the Senate shall adjourn without debate after it has completed consideration of the bill, including any message from the House of Representatives, or a motion for the adjournment is moved by a minister, whichever is the earlier.
That the question be now put.
The Senate divided. [09:35]
(The President—Senator Ryan)
Treasury Laws Amendment (Tax Relief So Working Australians Keep More Of Their Money) Bill 2019
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
TREASURY LAWS AMENDMENT (TAX RELIEF SO WORKING AUSTRALIANS KEEP MORE OF THEIR MONEY) BILL 2019
This Bill lowers taxes for hard-working Australians.
Our tax plan was carefully developed and it was detailed comprehensively in this year's Budget before being put to the Australian people at the election just six weeks ago.
The Australian people were presented with a clear choice between the Coalition's $158 billion of tax cuts and Labor's $387 billion of higher taxes.
They delivered their verdict loud and clear in favour of our tax plan and rejecting Labor's tax hikes.
Values drove our policy, with Liberals and Nationals wanting to put more money in people's pockets, reward effort and encourage aspiration.
This Bill delivers on that commitment, a further $158 billion of tax relief.
Our tax cuts provide both short-term relief and long-term reform.
Australians earning up to $126,000 a year will receive up to $1,080 with more than ten million Australians better off.
This means that a couple, say a teacher and a tradie, each earning $60,000 a year, will get $2,160 in their family wallet.
This tax relief will boost household incomes and ultimately household consumption, which will be good for the economy.
In 2024-25, the Government will reduce the 32.5 cent tax rate to 30 per cent. This will accompany the abolition of an entire tax bracket, the 37 cent tax bracket, which we have already legislated.
The longer term structural reform will mean hardworking Australians will face a single marginal tax rate of 30 cents in the dollar on the taxable income they earn between $45,000 and $200,000.
Someone who moves up the income scale getting a promotion, working more hours or taking a second job will under these reforms get protection from bracket creep.
This will improve the incentives for working Australians and reward effort.
As a result of the Government's plan, around 94 per cent of Australian taxpayers are projected to face a marginal tax rate of 30 per cent or less in 2024-25. This compares to just 16 per cent if stages two and three of our tax package didn't go through.
Around 13.3 million taxpayers will pay permanently lower taxes by the time the Government's plan is fully implemented.
The Government's personal income tax measures will increase aggregate household income by around $8 billion each year over the forward estimates period. This will help to support consumption growth. Given that household consumption makes up around 60 per cent of the economy, the Government's plan will help support economic growth.
Lower taxes will increase the financial return from work, with higher take home pay helping to encourage workers to re-enter the workforce, or work additional hours if they wish.
It will also tackle bracket creep that sees workers hit with a higher marginal rate as their wages go up to compensate for inflation.
Our tax relief measures will keep taxes as a share of GDP within the 23.9 per cent cap ensuring that we don't impose an increasing tax burden on hard working Australians. Securing future tax cuts now will provide confidence to Australians that they will be rewarded for their hard work and helps to protect their future pay increases from bracket creep.
The Government is committed to delivering a tax system that rewards effort and aspiration. A tax system that promotes opportunity and drives investment and growth. A tax system that underpins a strong economy and opportunities for all Australians, now and in the future. A tax system where all individuals and businesses pay their fair share, so that the Government can guarantee the essential services Australians rely on.
The Government's plan will maintain a progressive tax system. It is projected that in 2024-25 around one third of all personal income tax will be paid by the top 5 per cent of tax payers, a slightly higher proportion than what they currently pay.
Schedule 1 to the Bill enhances the current low and middle income tax offset (LMITO) by increasing the base offset from $200 to $255 and the maximum benefit from $530 to $1,080 for the 2018-19, 2019-20, 2020-21 and 2021-22 income years. Schedule 1 of this Bill also increases the amount of the low income tax offset from $645 to $700 from 2022-23.
Schedule 2 to the Bill increases the top threshold of the 19 per cent tax bracket from $41,000 to $45,000 from 1 July 2022. It also reduces the 32.5 per cent rate to 30 per cent from 1 July 2024.
The Government's first legislative priority for the 46th Parliament is consideration of the Government's tax cut plan we took to the election.
I call on the Parliament to respect the wishes of the Australian people so tax relief can flow to Australians quickly.
Promptly pass this Bill this week. Pass it in full.
Lower taxes are part of the Government's plan for a stronger economy.
Full details of the measures are contained in the Explanatory Memorandum.
I commend this Bill to the House.
At the end of the motion, add:
", but the Senate is of the opinion that:
(a) measures that begin in the 2024-25 financial year should be removed from the bill because it is not responsible to sign up to $95 billion of tax cuts that do not come into effect for five years; and
(b) the Opposition's plan would support the economy now, providing income tax relief to every Australian worker from the 2019-20 financial year and bringing forward infrastructure investment".
… the Liberals are so out of touch that they've given a much smaller tax cut to two million Australians earning less than $40,000.
We think that stage three, at a cost of some $95 billion down the track … is really a triumph of hope over economic reality.
It makes no sense to support the third tranche which comes—
It makes no sense to support the third tranche which comes in five years away from now and overwhelmingly favours those who are least likely to spend it in the economy.
We must not capitulate to News Corp and the big end of town by becoming Liberal-lite.
…the Stage 3 cuts, scheduled to come into effect in 2024-25, would cost the budget $85 billion over the subsequent six years. We do not know now whether these cuts are affordable or the right size and shape for the economy so far into the future.
The economy is softening, the budget position is uncertain, and calls for the Government to use fiscal policy to stimulate the economy are growing.
At the end of the motion, add:
“, but the Senate:
(a) notes that the bill does nothing to assist people receiving newstart allowance or youth allowance; and
(b) calls upon the Government to introduce legislation to amend the Social Security Act 1991 to increase the maximum single rates of newstart allowance and youth allowance by $150 per fortnight”.
Consumption growth has been subdued, weighed down by a protracted period of low income growth and declining housing prices.
Selection of Bills Committee
Report no. 2 of 2019
1. The committee met in private session on Wednesday, 3 July 2019 at 7.33 pm.
2. The committee recommends that—
(a) contingent on restoration, the Coal-Fired Power Funding Prohibition Bill 2017 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 2 December 2019 (see appendix 1 for a statement of reasons for referral);
(b) contingent on restoration, the Competition and Consumer Amendment (Prevention of Exploitation of Indigenous Cultural Expressions) Bill 2019 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 5 December 2019 (see appendix 2 for a statement of reasons for referral);
(c) contingent on restoration, the Ministers of State (Checks for Security Purposes) Bill 2019 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 11 November 2019 (see appendix 3 for a statement of reasons for referral);
(d) contingent on restoration, the Murray-Darling Basin Commission of Inquiry Bill 2019 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 19 September 2019 (see appendix 4 for a statement of reasons for referral);
(e) contingent upon introduction in the House of Representatives, the provisions of the Criminal Code Amendment (Agricultural Protection) Bill 2019 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 6 September 2019 (see appendix 5 for a statement of reasons for referral);
(f) contingent upon introduction in the House of Representatives, the provisions of the Customs Amendment (Immediate Destruction of Illicit Tobacco) Bill 2019 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 19 July 2019 (see appendix 6 for a statement of reasons for referral);
(g) contingent upon introduction in the House of Representatives, the provisions of the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019 be referred immediately to the Education and Employment Legislation Committee for inquiry and report by 25 October 2019 (see appendix 7 for a statement of reasons for referral);
(h) contingent upon introduction in the House of Representatives, the provisions of the Fair Work Laws Amendment (Proper Use of Work Benefits) Bill 2019 referred immediately to the Education and Employment Legislation Committee for inquiry and report by 25 October 2019 (see appendix 8 for a statement of reasons for referral);
(i) contingent upon introduction in the House of Representatives, the provisions of the Migration Amendment (Repairing Medical Transfers) Bill 2019 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 18 October 2019 (see appendix 9 for a statement of reasons for referral);
(j) contingent upon introduction in the House of Representatives, the provisions of the Migration Amendment (Strengthening the Character Test) Bill 2019 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 13 September 2019 (see appendix 10 for a statement of reasons for referral);
(k) contingent upon introduction in the House of Representatives, the provisions of the Migration Legislation Amendment (Regional Processing Cohort) Bill 2019 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 13 September 2019 (see appendix 11 for a statement of reasons for referral); and
(l) contingent upon introduction in the House of Representatives, the provisions of the Treasury Laws Amendment (Putting Members' Interests First) Bill 2019 bereferred immediately to the Economics Legislation Committee for inquiry and report by 18 October 2019 (see appendix 12 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
Higher Education Support (Cost Recovery) Bill 2019
4. The committee deferred consideration of the following bills to its next meeting:
Counter-Terrorism (Temporary Exclusion Orders) (Consequential Amendments) Bill 2019
Passenger Movement Charge Amendment (Timor Sea Maritime Boundaries Treaty) Bill 2019
(Dean Smith)
Chair
4 July 2019
Appendix 1
SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee
Name of bill:
Coal-Fired Power Funding Prohibition Bill
Reasons for referral/principal issues for consideration:
Soon the Government may announce projects they are underwriting as part of their program for new power generation and there is a risk it will include underwriting coal generation projects, exposing the Commonwealth and taxpayers to significant financial and climate risk.
Possible submissions or evidence from:
The Australia Institute, Investor Group on Climate Change, Beyond Zero Emissions
Committee to which bill is to be referred:
Environment and Communications Legislation Committee
Possible hearing date(s):
Possible reporting date:
2 December 2019
Appendix 2
SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee
Name of bill:
Competition and Consumer Amendment (Prevention of Exploitation of Indigenous Cultural Expressions) Bill 2019
Reasons for referral/principal issues for consideration:
To hear from relevant stakeholders about the impact of this Bill on their livelihoods and from experts in Arts Law.
Possible submissions or evidence from:
Indigenous Art Code, Aboriginal Art Association of Australia, Association of Northern, Kimberley and Arnhem Aboriginal Artists, Allens Linklaters, Arts Law Centre of Australia, Art dealers, Art departments of local and state government, Indigenous Artists.
Committee to which bill is to be referred:
Environment and Communications
Possible hearing date(s):
September and October 2019
Possible reporting date:
5 December 2019
Appendix 3
SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee
Name of bill:
Minister of State (Checks for Security Purposes) Bill 2019
Reasons for referral/principal issues for consideration:
Bills raises important question of security checks for ministers of state
Possible submissions or evidence from:
Department of Defence, Department of Prime Minister and Cabinet, Australian Federal Police, Attorney General's Department, Australian Security Intelligence Organisation, Law Council of Australia
Committee to which bill is to be referred:
Finance and Public Administration
Possible hearing date(s):
As determined by the committee
Possible reporting date:
Appendix 4
SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee
Name of bill:
Murray-Darling Basin Commission of Inquiry Bill 2019
Reasons for referral/principal issues for consideration:
To hear from stakeholders about the issues they would like considered in a Commission of Inquiry and further hone the terms of reference.
Possible submissions or evidence from:
The Wentworth Group, Southern Riverina Irrigators, The Australia Institute, River Fellowship, Friends of the Earth, The Wilderness Society, Conservation Council SA, David Papps, Australian Conservation Foundation, National Farmer's Federation, National Irrigator's Council.
Committee to which bill is to be referred:
Environment and Communications
Possible hearing date(s):
August 2019
Pos sible reporting date:
September 19, 2019
Appendix 5
SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee
Name of bill:
Criminal Code Amendment (Agricultural Protection) Bill 2019
Reasons for referral/principal issues for consideration:
As with any legislation that makes conduct that has until now been lawful into a criminal offence, it is important to ensure that an appropriate balance is struck between the conduct being prohibited and the harm to be prevented, and that there are no unintended adverse consequences from the new laws. The Attorney-General said the new laws would include "appropriate exemptions for bona-fide journalists and for situations where the information being released shows a law being broken, such as whistleblowing on animal cruelty." Given widespread current concerns about the efficacy of whistleblower protections and recent examples of threats to the free press and to the public's right to know in this country, as well as the desire many Australians have to end illegal cruelty to animals, it is appropriate that this bill be referred to committee so that the prohibitions it introduces and adequacy of the exemptions it contains can be subject to public scrutiny input.
Possible submissions or evidence from:
Law Council of Australia, National Farmers Federation, Meat & Livestock Australia, RSPCA, Animals Australia
Committee to which bill is to be referred:
Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
August
Possible reporting date:
Fri 6 September 2019
SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee
Name of bill:
Criminal Code Amendment (Agricultural Protection) Bill 2019
Reasons for referral/principal issues for consideration:
Human and digital rights concerns. Essentially anti-protest legislation, on top of the Privacy Amendment (Protection of Australian Farms) Regulations 2019 (Cth) (Protection of Australian Farms Regulations), which commenced on 6 April 2019.
Possibl e submissions or evidence from:
Legal and human rights experts and advocates such as The Law Council of Australia, Australian Lawyers for Human Rights, Australian Human Rights Commission, and Civil Liberties Australia.
Committee to which bill is to be referred:
Legal and Constitutional Affairs Legislation Committee
Possible hearing dates:
22-23 August 2019Possible reporting date:
17 September 2019
Appendix 6
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Customs Amendment (Immediate Destruction of Illicit Tobacco) Bill 2019
Reasons for referral/principal issues for consideration:
To inquire into the contents of the Bill and allow stakeholders to inform the Committee of detailed concerns.
Possible submissions or evidence from:
Various stakeholders
Committee to which bill is to be referred:
Legal and Constitutional Legislation Committee
Possible reporting date:
6 September 2011
Appendix 7
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Fair Work (Registered Organisations) Amendment (Ensuring Integrity Bill) 2019
Reasons for referral/principal issues for consideration:
Complex issue. Workers need an opportunity to tell their stories / present their views. Engage with stakeholders.
Possible submissions or evidence from:
All Unions, any union members, other relevant stakeholders
Committee to which bill is to be referred:
Education and Employment Legislation Committee
Possible reporting date:
25 October 2019
SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee
Name of bill:
Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2019
Reasons for referral/principal issues for consideration:
The Bill is incompatible with International Labour Organisations (ILO) treaties and infringes on the rights of workers and their unions.
Possible submissions or evidence from:
Unions, Fair Work Commission, Fair Work Ombudsman
Committee to which bill is to be referred:
Education and Employment Legislation Committee
Appendix 8
SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee
Name of bill:
Fair Work Laws Amendment (Proper Use of Workers Benefits) Bill 2019
Reasons for referral/principal issues for consideration:
Impacts on the ability of workers and their unions to collectively determine how to spend their money. Submissions in previous inquiry noted the bill contravened International Labour Organisations (ILO) treaties.
Possible submissions or evidence from:
Unions, Fair Work Commission Fair Work Ombudsman
Committee to which bill is to be referred:
Education and Employment Legislation Committee
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2019
Reasons for referral/principal issues for consideration:
Complex issue. Workers need an opportunity to tell their stories/present their views. Engage with stakeholders
Possible submissions or evidence from:
All Unions, Any union members, Other relevant stakeholders
Committee to which bill is to be referred:
Education & Employment Legislation Committee
Possible reporting date:
25 October 2019
Appendix 9
SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee
Name of bill:
Migration Amendment (Repairing Medical Transfers) Bill 2019
Reasons for referral/principal issues for consideration:
Repeals the Medevac Legislation, which was an amendment, sponsored by Senators Storer and McKim, to the Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018, and passed with the support of Centre Alliance, the Australian Labor Party and the Greens, independent Banks, McGowan, Phelps, and Wilkie in the House, and independent Hinch in the Senate.
Possible submissions or evidence from:
Refugee and medical experts and advocates such as The Law Council of Australia, the Human Rights Law Centre, the Refugee Council, the Kaldor Centre, and the Royal Australasian College of Physicians.
Committee to which bill is to be referred:
Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
28-30 August 2019
Possible reporting date:
19 September 2019
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Migration Amendment (Repairing Medical Transfers) Bill 2019
Reasons for referral/principal issues for consideration:
To inquire into the contents of the Bill and allow stakeholders to inform the Committee of detailed concerns.
Possible submissions or evidence from:
Refugee, legal, civil society, national security and other stakeholders
Committee to which bill is to be referred:
Legal and Constitutional Legislation Committee
Possible reporting date:
18 October 2019
Appendix 10
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Migration Amendment (Strengthening the Character Test) Bills 2019
Reasons for referral/principal issues for consideration:
To inquire into the contents of the Bill and allow stakeholders to inform the Committee of detailed concerns.
Possible submissions or evidence from:
Refugee, legal, civil society, national security and other stakeholders
Committee to which bill is to be referred:
Legal and Constitutional Legislation Committee
Possible reporting date:
18 October 2019
SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee
Name of bill:
Migration Amendment (Strengthening the Character Test) Bills 2019
Reasons for referral/principal issues for consideration:
This will lower an already low bar for refusing or cancelling the visas of non-citizens, for reasons such as sharing intimate images, verbally threatening someone, associating with members of a gang, or holding a rock in a threatening way.
Possibl e submissions or evidence from:
Legal and human rights experts and advocates such as the Law Council of Australia, Human Rights Law Centre, Civil Liberties Australia, Kaldor Centre for International Refugee Law, Refugee Advice and Casework Service, Immigration and Advice and Rights Centre, and Refugee and Immigration Legal Service.
Committee to which bill is to be referred:
Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
25-27 September 2019
Possible reporting date:
17 October 2019
Appendix 11
SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee
Name of bill:
Migration Legislation Amendment (Regional Processing Cohort) Bill 2019 [otherwise known as the lifetime visa ban bill]
Reasons for referral/principal issues for consideration:
Human rights laws and obligations.
Possible submissions or evidence from:
Legal and human rights experts and advocates such as the Law Council of Australia, Human Rights Law Centre, Civil Liberties Australia, Kaldor Centre for International Refugee Law, Refugee Advice and Casework Service, Immigration and Advice and Rights Centre, and Refugee and Immigration Legal Service.
Committee to which bill is to be referred:
Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
9-11 October 2019
Possible reporting date:
25 November 2019
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Migration Legislation Amendment (Regional Processing Cohort) Bill 2019
Reasons for referral/principal issues for consideration:
To inquire into the contents of the Bill and allow stakeholders to inform the Committee of detailed concerns.
Possible submissions or evidence from:
Refugee, legal, civil society, national security and other stakeholders
Committee to which bill is to be referred:
Legal and Constitutional Legislation Committee
Possible reporting date:
18 October 2019
Appendix 12
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Treasury Laws Amendment (Putting Members' Interests First) Bill 2019
Reasons for referral/pri ncipal issues for consideration:
To understand the impact of the level of insurance taken out by affected superannuation members. To examine the interaction between this Bill and the recommendation of the Royal Commission to establish universal terms and conditions for insurance through default superannuation and the proposed Prodcut Commission inquiry into insurance through default superannuation.
Possible submissions or evidence from:
Economists, Superannuation funds, Trade unions
Committee to which the bill is to be referred:
Economics Legislation Committee
Possible hearing date(s):
Weeks starting 8 July 2019 and 15 July 2019
Possible reporting date:
22 July 2019
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Treasury Laws Amendment (Putting Members' Interests First) Bill 2019
Reasons for referral/pri ncipal issues for consideration:
To enquire into the contents of the Bill and allow stakeholders to inform the Committee of detailed concerns
Possible submissions or evidence from:
Unions, Industry Groups (Financial Services), other stakeholders
Committee to which the bill is to be referred:
Economics Legislation Committee
Possible hearing date(s):
For Committee to determine
Possible reporting date:
18 October 2019
Appendix 13
SELECTION OF BILLS COMMITTEE Proposal to refer a bill to a committee
Name of bill:
Treasury Laws Amendment (Tax Relief So Working Australians Keep More Of Their Money) Bill 2019
Reasons for referral/principal issues for consideration:
To understand the impact of the proposed changes to the personal income tax system on the Australian economy, including economic growth, inflation, wages, productivity and aggregate demand.
Possible submissions or evidence from:
Economists, Civil society, Trade unions, Business groups, Financial regulators
Committee to which bill is to be referred:
Economics Legislation Committee
Possible hearing date(s):
Weeks starting 8 July 2019, and 15 July 2019.
Possible reporting date:
22 July 2019
That the report be adopted.
That leave of absence be granted to Senator Sterle for personal reasons for 3 July and to Senator Polley for 2 to 4 July, 22 to 25 July and 29 July to 1 August for personal reasons.
That the Parliamentary Joint Committee on Intelligence and Security be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate today, from midday.
That senators be discharged from and appointed to committees as follows:
Australian Commission for Law Enforcement Integrity—Joint Statutory Committee—
Appointed—Senators Ayres and Bilyk
Broadcasting of Parliamentary Proceedings—Joint Statutory Committee—
Appointed—Senator Farrell
Corporations and Financial Services—Joint Statutory Committee—
Appointed—Senators O'Neill and Pratt
Environment and Communications Legislation and References Committees—
Appointed—Senator Rice
Participating member: Senator Roberts
Finance and Public Administration Legislation and References Committees—
Appointed—Senator Roberts
Participating member: Senator Siewert
Human Rights—Joint Statutory Committee—
Appointed—Senators Dodson and Green
Law Enforcement—Joint Statutory Committee—
Appointed—Senators Lines and Polley
Privileges—Standing Committee—
Appointed—Senators Carr and Farrell
Public Accounts and Audit—Joint Statutory Committee—
Appointed—Senators Kitching and Walsh
Public Works—Joint Statutory Committee—
Appointed—Senator Gallacher
Rural and Regional Affairs and Transport Legislation and References Committees—
Appointed—Senator Rice
Participating member: Senator Roberts
That business of the Senate notice of motion no. 1 standing in the name of Senator Patrick for today, relating to the referral of a matter to the Finance and Public Administration References Committee, be postponed until the next sitting day.
That departments and agencies be allocated to legislative and general purpose standing committees as follows:
Community Affairs
Health
Social Services, including Services Australia
Economics
Industry, Innovation and Science
Treasury
Education and Employment
Education
Employment, Skills, Small and Family Business
Environment and Communications
Communications and the Arts
Environment and Energy
Finance and Public Administration
Finance
Parliament
Prime Minister and Cabinet
Foreign Affairs, Defence and Trade
Defence, including Veterans' Affairs
Foreign Affairs and Trade
Legal and Constitutional Affairs
Attorney-General, including Industrial Relations
Home Affairs
Rural and Regional Affairs and Transport
Agriculture
Infrastructure, Transport, Cities and Regional Development.
(1) At the end of "Employment, Skills, Small and Family Business", add ", including Industrial Relations"; and
(2) Omit "Attorney-General, including Industrial Relations" and substitute "Attorney-General, excluding Industrial Relations"
That the days of meeting of the Senate for the remainder of 2019 be as follows:
Wintersittings:
Monday, 22 July to Thursday, 25 July
Monday, 29 July to Thursday, 1 August
Spring sittings:
Monday, 9 September to Thursday, 12 September
Monday, 16 September to Thursday, 19 September
Monday, 14 October to Thursday, 17 October
Monday, 11 November to Thursday, 14 November
Monday, 25 November to Thursday, 28 November
Monday, 2 December to Thursday, 5 December.
(1) That the 2019-20 supplementary Budget estimates hearings be scheduled as follows:
Monday, 21 October and Tuesday, 22 October 2019 ( supplementary hearings—Group A )
Wednesday, 23 October and Thursday, 24 October 2019 ( supplementary hearings—Group B ).
(2) That cross portfolio estimates hearings on Indigenous matters and on Murray-Darling Basin Plan matters be scheduled for Friday, 25 October 2019, but not restricted to that day.
(3) That the committees consider the proposed expenditure in accordance with the allocation of departments and agencies to committees agreed to by the Senate.
(4) That committees meet in the following groups:
GroupA:
Environment and Communications
Finance and Public Administration
Legal and Constitutional Affairs
Rural and Regional Affairs and Transport
GroupB:
Community Affairs
Economics
Education and Employment
Foreign Affairs, Defence and Trade.
That, in accordance with the recommendation in the Procedure Committee's first report of 2019, the temporary order prohibiting debate on suspension of standing order motions connected to formal business, that was in effect at the end of the 45th Parliament, be adopted on a permanent basis.
Question agreed to.
Health Insurance Amendment (Bonded Medical Programs Reform) Bill 2019
Road Vehicle Standards Legislation Amendment Bill 2019
Civil Aviation Amendment Bill 2019
That the following bills be introduced:
A Bill for an Act to amend the Health Insurance Act 1973 , and for related purposes.Health Insurance Amendment (Bonded Medical Programs Reform) Bill 2019 .
A Bill for an Act to amend the Road Vehicle Standards Act 2018 , and for related purposes.Road Vehicle Standards Legislation Amendment Bill 2019 .
A Bill for an Act to amend the law relating to civil aviation, and for related purposes. Civil Aviation Amendment Bill 2019 .
That these bills may proceed without formalities and be now read a first time.
Australian Veterans' Recognition (Putting Veterans and Their Families First) Bill 2019
That the following bill be introduced: A Bill for an Act to provide for the recognition of veterans, and for related purposes. Australian Veterans' Recognition (Putting Veterans and Their Families First) Bill 2019 .
That this bill may proceed without formalities and now be read a first time.
That this bill be now read a second time.
AUSTRALIAN VETERANS' RECOGNITION (PUTTING VETERANS AND THEIR FAMILIES FIRST) BILL 2019
I am pleased to introduce the Australian Veterans' Recognition (Putting Veterans and their Families First) Bill 2019. This Bill will acknowledge and give thanks to veterans and their families for making the sacrifices they have made while serving in the Australian Defence Force.
I recognise that the Australian people value our Military and those who have committed to defending our nation, and of course, as a Government we are absolutely committed to putting veterans and their families first.
The introduction of this Bill sees the realisation of an Australian Defence Veterans' Covenant where everyone can acknowledge, support and pay respect to all who have served in the Australian Army, Royal Australian Navy and Royal Australian Air Force. Australia has a proud military history and the Covenant will enable Australians from all walks of life to pay homage to this.
The Australian Defence Veterans' Covenant will be enshrined into legislation, providing an opportunity for the nation to recognise the service and sacrifice of all who have committed to defend the nation, and pledge their commitment to support veterans and their families.
The Bill also provides for acknowledgement of the demands and challenges that a veteran or their family may experience during and after military service. For these sacrifices, we acknowledge that additional support may be required and where support is required it will be provided in a way that is appropriate and sensitive to their individual circumstances and in a way that elevates their self-esteem.
Along with the Covenant a veteran card and lapel pin will be released – those who have an eligibility for a medical treatment card will receive a veteran card. The lapel pin, for veterans will provide a way for the Australian community and businesses to recognise a veteran and for veterans to reconnect with one another.
The Bill also includes a statement in relation to the beneficial nature of veteran legislation to provide further support to the principles of statutory interpretation that determinations are to be made fairly, justly, consistent with legislation and similar type claims, and in a timely manner so that the public may trust and have confidence in the determinations made.
I commend this Bill.
National Disability Insurance Scheme Amendment (Worker Screening Database) Bill 2019
National Rental Affordability Scheme Amendment Bill 2019
That the following bills be introduced: A Bill for an Act to amend the National Disability Insurance Scheme Act 2013 , and for related purposes, and a Bill for an Act to amend the law relating to rental affordability, and for related purposes.
That these bills may proceed without formalities, be taken together and be now read a first time.
That these bills be now read a second time.
NATIONAL DISABILITY INSURANCE SCHEME AMENDMENT (WORKER SCREENING DATABASE) BILL 2019
This Bill establishes the National Disability Insurance Scheme Worker Screening Database to support a nationally consistent approach to screening people who work with people with disability in the NDIS.
This Bill aims to protect and prevent people with disability from experiencing harm from the people who work closely with them.
The NDIS is one of the largest social and economic policy reforms in Australian history. It is transforming the lives of people with disability across the country.
March 2019 marked a major milestone in the NDIS: nearly 280,000 Australians are now receiving support through the scheme. This number will continue to grow as we progress the national roll out – to almost half a million Australians with disability over the next five years.
This Government is committed to ensuring the safety and wellbeing of all NDIS participants. In December 2016, the Council of Australian Governments (COAG) endorsed the NDIS Quality and Safeguarding Framework. The Framework is the result of over three years of consultation with people with disability, carers and providers. It sets out a new approach to regulation for the NDIS to protect NDIS participants.
A key part of the Framework is the implementation of nationally consistent NDIS worker screening. Worker screening is a way to check that people who are working, or seek to work, in the NDIS do not pose an unacceptable risk of harm to people with disability.
Current worker screening arrangements for disability workers are state‑based and of variable quality. Clearances are not recognised across jurisdictions. A national NDIS Worker Screening Check is a major step forward from the variable arrangements operating in each state and territory.
Nationally consistent NDIS worker screening will help create a safe and trusted workforce in the NDIS, and minimise the risk of harm to people with disability. This Bill is integral for the implementation of the NDIS Screening Check.
Nationally consistent NDIS worker screening is a joint effort from all Australian governments. We have agreed to the Intergovernmental Agreement on Nationally Consistent Worker Screening for the NDIS . The Intergovernmental Agreement sets out the responsibilities of states and territories and the Commonwealth.
States and territories (except Western Australia) will commence transitioning to nationally consistent NDIS Worker Screening on 1 July 2019. The new NDIS Worker Screening Check—simply referred to as the 'Check'—will be introduced in each state and territory over the next year, with all states and territories having the Check in place by July 2020.
Until the Check becomes available in a jurisdiction, transitional arrangements provide recognition of current state-based checks, such as Working with Children or Vulnerable Persons Checks. From 1 July 2019, existing workers with a current state-based check will be able to continue to work and new workers will need to apply for a recognised screening check in their state or territory. Once the NDIS Check is operational, state-based checks for existing workers will continue to be recognised until they expire; at which time a worker will need to apply for the new Check. New workers would also need to apply for the NDIS Check once it is available. The outcomes of the NDIS Check will be stored on the national database to be established by this Bill. This approach will provide for a gradual transition to the new system.
Through this Bill, the Morrison Government is delivering on our responsibilities under the Intergovernmental Agreement. We are getting on with the job of ensuring that participants, their families and carers can be satisfied with the quality of services they receive and feel comfortable that necessary protections are in place to ensure their safety.
To support the quality agenda, the Government has taken strong, decisive action by establishing an independent, national body—the NDIS Quality and Safeguards Commission—to protect and prevent people with disability from experiencing harm. The Government has committed $209 million over four years to support the work of the NDIS Commission.
The Bill will enable the NDIS Commission to establish and maintain a national database for information about NDIS worker screening. This will provide timely and accurate information for employers and self-managed participants about NDIS workers' clearance status.
The NDIS Commission commenced operations in New South Wales and South Australia on 1 July 2018. By July 2020, the NDIS Commission will be operational in all states and territories. As an independent statutory body with integrated functions and a range of investigative, compliance and enforcement powers, the NDIS Commission is a responsive regulator that takes a proportionate approach to regulation—reserving the strongest enforcement actions for the most serious issues and breaches.
The NDIS Commission is responsible for registering NDIS providers, responding to complaints, managing reportable incidents notifications, and providing leadership to reduce and eliminate the use of restrictive practices in the NDIS.
The NDIS Commission will also lead the overall design for nationally consistent NDIS worker screening. This aligns with its responsibility to work with all governments and oversee the broad policy settings for nationally consistent NDIS worker screening, and recognises that the NDIS Commission is the national point of contact for NDIS providers.
This national leadership and consistency provides many benefits, but the NDIS Commission does not act alone—worker screening is a joint effort. All states and territories have been consulted on the content of the Bill and are supportive.
The NDIS Act currently provides for the screening of workers through the registration requirements for registered NDIS providers and the National Disability Insurance Scheme (Practice Standards – Worker Screening) Rules 2018. When the new NDIS Check is fully implemented, these screening arrangements will be implemented by State and Territory worker screening units within a nationally consistent framework.
We know from our consultations that stakeholders have consistently supported this approach. They want to see a robust, risk‑based worker screening check in the disability sector that is portable across jurisdictions.
Worker screening checks will be mandatory for some NDIS workers. Those who have more than incidental contact with a person with disability, and work with a registered NDIS provider, must have a clearance. Worker screening will not be mandatory for workers with only incidental contact with participants.
As part of the NDIS Worker Screening Check, worker screening units based in each state and territory will consider applicants' criminal history information, any relevant disciplinary and misconduct information, and information taken from the NDIS Commission's complaints and reportable incidents system.
Under this Bill, the database will store information about NDIS workers who have applied for an NDIS Worker Screening Check, the status of their application, and decisions by the NDIS worker screening unit about their Check, including whether the worker was issued a clearance or an exclusion.
This means that NDIS worker clearances will be portable across jurisdictions and employers, including self-managed participants—reducing duplication and complexity for workers and providers moving between, or operating across, jurisdictions. Similarly, a worker who has been excluded by one state or territory will be excluded nationally. This represents a major step forward from the existing fragmented arrangements operating in each state and territory.
The database will also include information about a person's employer, including if this is a self-managed participant. This will ensure that employers are appropriately informed if a worker they have engaged has had their clearance suspended or revoked, or if their clearance expires.
The Bill provides for the Minister to determine additional information to be included in the database through a legislative instrument. This provides flexibility to be responsive to future circumstances and is appropriate to accommodate the introduction of a new policy. For example, if there is a new application status required in future that is not currently envisaged by the Bill, the Minister may provide for this to be captured in the database.
The protection of people with disability from violence, abuse, neglect and exploitation is a key priority for all Australian governments. A national approach, as enabled by the database to be established under this Bill, eliminates the opportunity for people to make multiple attempts at gaining a worker screening clearance. It prevents people with adverse records in one state or territory from attempting to gain a clearance to work in the NDIS in another.
The database will provide employers with an important tool for their recruitment, selection and screening processes and help with their responsibility to ensure people chosen to work in the NDIS are safe to work with people with disability. It also provides self-managed NDIS participants and their families with important information to help them make informed choices about workers providing their supports. Employers and self-managed participants will be able to use the database established under this Bill to verify that workers hold a clearance.
Importantly, nationally consistent worker screening will deter predatory individuals from seeking work in this sector. Participants and their families can be assured that workers with clearances have been assessed as not posing an unacceptable risk of harm to people with disability.
The database provides for the ongoing monitoring of clearance holders' criminal history information. Ongoing monitoring provides certainty that unsuitable individuals will not remain in the sector if they do the wrong thing.
Information in the database will be protected NDIS Commission information and will only be shared and used for the NDIS Commission's legislated functions and other purposes of the NDIS Act. Penalties apply for misuse or unauthorised disclosure.
The Australian Government is committed to a high-quality, sustainable NDIS. Ensuring people with disability, their families and carers, and NDIS providers know that workers have a clearance is an important part of having a trusted workforce. The database will provide timely, accurate access to this information for employers and self-managed NDIS participants, ensuring they can make an informed judgment about who should work with people with disability.
Our paramount consideration is the right of people with disability to live free from abuse, violence, neglect and exploitation. The Morrison Government is committed to meeting this objective and ensuring people with disability are not exposed to harm from those who are there to support them. This Bill is a major step forward in implementing nationally consistent NDIS worker screening.
NATIONAL RENTAL AFFORDABILITY SCHEME AMENDMENT BILL 2019
The National Rental Affordability Scheme Amendment Bill 2019 (the Bill) contributes to the Australian Government's Comprehensive Plan to Address Housing Affordability, announced in the 2017-18 Budget. The Bill makes amendments to the National Rental Affordability Scheme Act 2008 (NRAS Act), to streamline and simplify the administration of the National Rental Affordability Scheme (NRAS) until it ceases operation in 2026-27.
On 19 October 2017, the Senate referred the Social Services Legislation Amendment (Housing Affordability) Bill 2017, which included the amendments to the NRAS ACT contained in this Bill, to the Community Affairs Legislation Committee (the Committee) for inquiry and report. The Committee recommended that the Housing Affordability Bill be passed.
National Rental Affordability Scheme
Amendments to the NRAS Act
The Government's amendments clarify and expand the power to make regulations under the NRAS Act, by removing any doubt that the NRAS Regulations can provide for protections and rights for investors in NRAS, and for the tenants of NRAS rental properties. The amendments will allow the making of regulations that will require approved participants to pass on annual state and territory contributions to investors within a reasonable time.
The amendments also clarify and expand the power to make regulations about the transfer of allocations from one rental property to another rental property, the imposition of additional conditions and changing conditions on existing allocations, and the transfer of allocations to another approved participant.
The NRAS Act requires the NRAS Regulations to prescribe that the rent charged for an approved rental dwelling must be at least 20 per cent less than the market rent 'at all times during the year'. The expression 'at all times during the year' has been subject to different interpretations over the years, including a view that the requirement is satisfied if the rent charged over the course of a year
is at least 20 per cent less than the market rent. This amendment confirms the intended interpretation, which is that each time rent is charged, it must be least 20 per cent less than the market rent. There may be circumstances where
a specific charge for rent is higher than permitted because of a mistake.
The amendments to the NRAS Act will permit the NRAS Regulations to provide for the Secretary of the Department of Social Services to have a power
of dispensation for a breach of the requirement in a specific instance, where
it is established that the excessive charge for rent occurred because
of inadvertence and the tenant has been fully compensated for the error.
The NRAS Act requires the NRAS Regulations to prescribe maximum vacancy periods for approved rental dwellings. The prescriptive nature of the current vacancy provisions has been amended to allow greater flexibility for the NRAS Regulations to prescribe permitted vacancy periods. This flexibility will assist
in the future administration of NRAS should changes be required on how the maximum vacancy periods are to operate.
The Commonwealth relies on a number of heads of legislative power under the Constitution to support the NRAS Act. The amendments set out these Constitutional powers and give the NRAS Act operation within the scope
of these powers.
While most of the approved participants in NRAS behave appropriately
in relation to investors, a small number of approved participants do not treat investors fairly. Examples of poor behaviour include delays in passing
on incentives to investors, and the provision of misleading communications
to investors. The amendments will allow the Secretary of the Department
of Social Services to accept and then, if necessary, enforce a voluntary enforceable undertaking from an approved participant. This compliance tool will assist the Department of Social Services to modify the behaviour of some approved participants. In some cases, accepting an enforceable undertaking may be a more appropriate compliance response than transferring or revoking an allocation.
There will be no further new allocations in NRAS. The amendments to the NRAS Act will allow the NRAS Regulations to be simplified by the removal
of provisions relating to the issue of new allocations.
The Government is committed to reducing rental costs for low and moderate income households. This Bill lays the foundation for improving the NRAS legislative framework to support the efficient administration of NRAS.
1) That so much of the standing orders be suspended as would prevent this resolution having effect.
(2) That the following bills be restored to the Notice Paper and consideration of each of the bills resume at the stage reached in the 45th Parliament:
Competition and Consumer Amendment (Truth in Labelling—Palm Oil) Bill 2017
Freedom of Information Legislation Amendment (Improving Access and Transparency) Bill 2018
Intelligence Services Amendment (Enhanced Parliamentary Oversight of Intelligence Agencies) Bill 2018
Ministers of State (Checks for Security Purposes) Bill 2019.
That the Senate—
(a) notes that:
(i) 3 to 9 June 2019 was World Haemochromatosis Week,
(ii) around 1 in 200 Australians have the genetic risk for haemochromatosis – or inherited iron overload disorder – making it the most common genetic disorder in Australia,
(iii) if detected, haemochromatosis is easy to treat, yet it can be fatal if left undiagnosed and untreated, and
(iv) during that week, Haemochromatosis Australia was promoting the message "TEST: Tricky to say, Easy to test, Simple to treat, Tragic to ignore"; and
(b) urges all members and senators to raise awareness among their constituents of:
(i) the early symptoms of haemochromatosis, such as fatigue and joint pain,
(ii) the dangers of experiencing the more severe symptoms of iron overload, such as organ failure, and
(iii) the importance of asking their doctor for a blood test to check their risk of iron overload.
(1) That so much of the standing orders be suspended as would prevent this resolution having effect.
(2) That the Nuclear Fuel Cycle (Facilitation) Bill 2017 be restored to the Notice Paper and consideration of the bill resume at the stage reached in the 45th Parliament.
Australian Institute of Health and Welfare Amendment (Assisted Reproductive Treatment Statistics) Bill 2019
That the following bill be introduced: A Bill for an Act to amend the Australian Institute of Health and Welfare Act 1987 , and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
AUSTRALIAN INSTITUTE OF HEALTH AND WELFARE AMENDMENT (ASSISTED REPRODUCTIVE TREATMENT STATISTICS) BILL 2019
IVF is an industry that needs more scrutiny. It's heavily propped up by taxpayers, but is somehow allowed to operate without full public transparency.
This Bill provides consumers with access to objective and consistent information about the performance of assisted reproductive technology (ART) centres, in order to help them make an informed choice about their prospective treatment facility.
One in six Australian couples struggle to fall pregnant, which means most of us know someone who has gone through the exhausting rollercoaster of IVF.
There were 311,104 births in Australia in 2016, of which 13,596 were through assisted reproductive technologies such as IVF.
The technology is miraculous, but the process can also be emotional, heartbreaking - and very expensive. Couples desperate for a child will often hand over thousands of dollars for each attempt but, at the moment, they are doing it with very few facts to go on.
Their choice of specialist or clinic might be decided by reputation, GP referral, online reviews or the recommendations of friends. The decision won't be made on objective and transparent information about the clinic's performance because this information is currently hidden from the public. This turns an important life decision into a lottery and needs to change.
We need full disclosure about clinic performance. It is our right not only as consumers, but also as taxpayers who pour an enormous amount of money into Medicare and the Pharmaceutical Benefits Scheme.
This Bill amends the Australian Institute of Health and Welfare Act 1987 to require all accredited fertility clinics to provide the Australian Institute of Health and Welfare (AIHW) with data on how many women underwent procedures at the clinic, which assisted reproductive treatments they received, the age of each woman, the number of resulting clinical pregnancies, and – most importantly – the number of resulting live births.
In 2016, the ACCC took IVF clinics to task for publishing misleading claims about their success rates – such as using their higher clinical pregnancy rates rather than live birth rates.
Some have since lifted their game, but it is still up to clinics to determine what data they publish, if at all – and even then the published data may be incomplete or selective.
Fertility clinics already report annually to the Australian and New Zealand Assisted Reproduction Database (ANZARD), resulting in the annual "assisted reproductive technology in Australia and New Zealand" report, so the preparation and reporting of performance data is not expected to be an onerous task for them.
The database is a collaboration between the University of New South Wales' National Perinatal Epidemiology and Statistics Unit (NPESU) – a unit which has been tasked by AIHW to collect other statistics, such as national perinatal data – and fertility clinics, and is funded by the Fertility Society of Australia.
This annual report is of limited use for consumers as it only provides a national overview of assisted reproduction treatment outcomes.
However, it does show there is significant variability in clinic success rates. According to the most recent results from 2016, live birth rates varied from 11.6% for the worst performer to 32% for the top performing clinic. Half of the fertility clinics surveyed sat in the 17-24% range. There was a similar result in 2015.
While a clinic's patient demographics (such as average maternal age and causes of infertility) will have some bearing on these results, it illustrates that a woman's chance of taking home a baby will vary substantially depending on which clinic doors she walks through.
In 2015, Richard Henshaw, a senior fertility expert at one of the larger groups, told the ABC that clinics in the top 25th percentile cost Medicare around $2 million to produce 100 live births, whereas clinics in the bottom 25th percentile cost Medicare three times that amount to produce the same result.
Medicare subsidises just under half of the approximately $10,000 cost for a first IVF cycle and the associated medication is heavily subsidised on the Pharmaceutical Benefits Scheme. Given the investment from taxpayers, it is only reasonable to pin some performance reporting obligations to this funding.
The industry in Australia would have us believe it is too difficult to publish standardised clinic success rates because there are too many variables in assisted reproductive technology. That argument doesn't hold water.
We know from overseas examples that comprehensive public reporting is completely achievable. The US has been doing it since 1992. It has a fantastic ART Success Rates database, published by the Centers for Disease Control and Prevention (CDC), which currently outlines the performance of 463 clinics.
The CDC database can be searched by location and clinic name, with each facility reporting the total number of cycles, pregnancies and live births. Success rates are given according to a woman's age, and the information can be filtered according to treatment type and diagnosis, which allows a woman to put the data in context and find a clinic to suit her circumstances.
The U.S. took this route to help avoid the exploitation of infertile couples and to allow for "unethical practitioners" to be exposed.
Why shouldn't infertile Australians have the exact same thing? There is absolutely no reason I can see – other than to protect a highly profitable industry happy to thrive on client ignorance and trust.
This is not about publishing "league tables" but about giving consumers the facts they need to make informed choices about their treatment.
As consumers we have the power to research most things before we make a decision to buy or employ a service – even for something as trivial as a new appliance – so why shouldn't we also be able to do it when making some of the most important decisions of our lives?
(1) That so much of the standing orders be suspended as would prevent this resolution having effect.
(2) That the Telecommunications Legislation Amendment (Unsolicited Communications) Bill 2019 be restored to the Notice Paper and consideration of the bill resume at the stage reached in the 45th Parliament.
Live Animal Export (Slaughter) Prohibition Bill 2019
That the following bill be introduced: A Bill for an Act to amend the Export Control Act 1982 to prohibit the export of live animals for slaughter, and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
LIVE ANIMAL EXPORT (SLAUGHTER) PROHIBITION BILL 2019
I am honoured to introduce the Greens' Live Animal Export (Slaughter) Prohibition Bill 2019, because we know that the live export trade is inevitably cruel and causes untold animal suffering.
Animals are not mere cargo. They are living, breathing, sentient beings. The reality is that live export cannot be made safe for sheep, cattle or any animal. It is a business model that is simply incompatible with animal welfare.
The Greens have long argued that we should be banning all live export for slaughter, and this Bill is part of the campaign to make that a reality. We make no apologies for standing up for the welfare of animals. We need a phased ban with a structural adjustment assistance fund which can transition the industry to the chilled meat trade.
Most Australians were awakened to the horror of live exports in April of 2018, when Animals Australia and 60 Minutes unveiled the truth of what happens on live export ships. The images from aboard the Awassi Express were sickening and heart-wrenching; images of thousands of sheep dying from heat stress and overcrowding. In one day alone, more than 800 sheep died in excruciating conditions. These images are burnt indelibly into my mind: scared, confused and terrified animals knee-deep in excrement; a newborn lamb lying abandoned and alone on a metal floor; sheep desperately trying to escape pens as they are literally cooked alive from the inside out; and carcasses piled up as they decay in the oppressive heat.
The only reason we know about this cruelty is because of a young Pakistani trainee navigation officer on the vessel, 25-year-old Faisal Ullah, a graduate of Pakistan Marine Academy. He described the conditions on board the vessel as being the same as putting live animals into the oven.
Mr Faisal Ullah said he felt a personal obligation to expose the cruelty because of the severity of the suffering that he witnessed, including lambs born on the ship being crushed to death and the cruel slitting of the throats of sheep to throw them overboard. Over the years, many others, like live export vet Lynn Simpson, have risked their jobs and their safety to expose the truth of animal abuse. We can't see this cruelty again and again and think it should continue. This Bill honours their bravery in ending this trade in misery.
I wish that the Awassi Express was a one-off. I wish that we had caught the bad guys and punished them and life could go on. But this fantasy world that the Government lives in doesn't exist. Cancelling one licence doesn't change the fact that this is a trade built inherently on cruelty; on standards that guarantee the horrific and cruel deaths of thousands of sheep each year. This has been going on for decades, yet every time it happens it is written off as the actions of another bad apple. I am here to tell you today that the live export trade is simply and totally incompatible with animal welfare.
This mistreatment of animals has been going on for years and will continue until we shut it down. Thirty-three years ago, the Senate Committee into Animal Welfare investigated the live export trade and concluded that "if a decision were to be made on the future of the trade purely on animal welfare grounds, there is enough evidence to stop the trade".
The list of deaths and cruelty in the live export industry is extremely long. What happened aboard the Awassi Express wasn't an accident. It wasn't an exception. This is how the business model operates:
In 1980, 40,000 sheep and a crew member died aboard the Farid Fares
In 1966, 67,000 sheep died aboard the Uniceb
In 1999, 800 cattle died on the Temburong
In 2003, 5,500 sheep died on the MV Cormo Express
In 2013 we learned about brutal sledgehammering of Australian cattle in Vietnam (and again in 2015 and 2016)
In 2014, 4,000 sheep dead aboard the Bader III
In 2017, 3,000 dead aboard the Al Messilah
And these are just the ones we know about.
And it isn't just the death of animals that is the problem. It is how they die and how they live on these ships of misery. It is the torture and suffering, including the extreme heat, the significant distress and trauma, and the lack of hygiene of those who survive the trip.
In 2018, we found out that 9,227 sheep and 3,695 cattle on the MV Bahijah were subject to torturous heat stress for eight days straight. And just this year we have heard about the deaths and mistreatment of cattle on board, and as they were unloaded, from the Maysora in Israel. We have also heard that more than 1,500 head of cattle and 99 buffalo from Australia have disappeared from approved feedlots or abattoirs in Vietnam over the past 13 months, showing that that the Exporter Supply Chain Assurance System, known as ESCAS, isn't working.
There have been more than a dozen reforms, reviews or inquiries since this industry started, and still the cruelty continues. This is an industry that cannot be sustained because its fundamentals are built on cruelty.
Live export isn't just bad for animals. It is bad for workers and the economy. A plethora of economic reports have confirmed that the live export trade has competed with, and caused the closure of, meat-processing plants and abattoirs in regional Australia, with the loss of local jobs and community incomes.
Australia's chilled meat industry is worth seven times more to Australia than live exports and is rapidly growing. It makes no economic sense to keep the cruelty on these ships going. The live sheep export trade in particular is a dying industry. Every importing country already buys chilled and boxed meat products from Australia. Just six per cent—a mere six per cent—of Australian sheep enter the live export chain, and they can easily be accommodated in the chilled meat industry. With support, we can actually help farmers and workers transition out of this trade and into long-term security and sustainability.
Australians are asking us to end the brutality of live export but the Liberal and National Government is ignoring them. In response to the Awassi scandal, they cried crocodile tears but refused to make any meaningful change.
Even the half-hearted attempts by the Government to distract us have been plagued with scandal.
We know that the Department attempted to influence the Independent Review of the Regulatory Capability and Culture of the Department of Agriculture and Water Resources in the Regulation of Live Animal Exports, known as the Moss review, which was set up in response to the horrific abuse we saw on five separate voyages of the Awassi Express.
'The Department has failed as a regulator.' This was the beginning of the draft report provided to the Department of Agriculture and Water Resources on 17 December 2018. Ten days later, when the final version was released by the then Minister for Agriculture, David Littleproud MP, that sentence had been removed. We now know, thanks to the papers that my motion passed by the Senate caused to be released, that the Department of Agriculture's fingerprints are all over draft versions of the so-called independent report. The Department were shown at least four draft versions of the report, they provided extensive editing, and were allowed to influence and even propose deletion of whole sections of the report. We see the Department suggesting that wide-ranging criticisms of the Government and its contribution to animal cruelty be removed, and these criticisms never made it into the final report. We saw that the Department of Agriculture wanted to remove statements about any involvement or praise of animal welfare groups—the very groups that expose the animal cruelty in the first place – and they appeared to succeed in removing most of them.
That review also identified allegations made against seven individuals relating to the deliberate suppression by departmental staff of claims of poor animal welfare. A subsequent review into these claims, the Lawler Review, was unable to investigate these claims because doing so would potentially expose a whistle-blower. As such, the claims remain uninvestigated. It is beyond belief that very serious allegations from whistle blowers about the doctoring of mortality reports and a culture of secrecy and fear within the live exports regulator still haven't been adequately addressed. Potentially, you have senior staff in the Department with very serious allegations against them getting off scot-free, and the Government simply doesn't care.
The Government and the industry think our outrage will die down and we will become silent.
Well, I have news for you. We are not looking away and we are not going away. We have been fighting to stop live exports for 30 years, and we will keep fighting because the live export industry is inherently cruel. The reality is that it cannot be regulated to meet community expectations or animal welfare. We have passed the tipping point, with the majority of Australians thoroughly rejecting the cruelty of live export. I had the privilege of lodging a petition with 238,000 signatures against live export last year in the Senate, one of the largest petitions this Parliament has seen.
Before I conclude, I want to pay tribute to some trailblazers that have helped get us here: former Senators Lee Rhiannon and Derryn Hinch, both of whom worked hard over many years to expose this industry. I also note the incredible work of the many organisations like Animals Australia and RSPCA Australia that have pushed for this change. Most of all I thank the community, the people of Australia, who have been steadfast in their compassion for animals and their welfare.
We won't stop until the cruel live export industry is consigned to the dustbin of history.
The only solution is to shut it down. Not just sheep but all animals, including cattle, should be spared the hell of live export.
That the Senate—
(a) notes that:
(i) the Royal National Park in New South Wales has enormous heritage value, including being the first national park in Australia, as well as one of the first in the world, and
(ii) it has been six years since the Federal and New South Wales State Governments committed to nominating the Royal National Park for World Heritage status; and
(b) calls on the Federal Government to demonstrate environmental leadership and work with the New South Wales government to place the Royal National Park on Australia's Tentative World Heritage List.
(1) That so much of the standing orders be suspended as would prevent this resolution having effect.
(2) That the Australian Research Council Amendment (Ensuring Research Independence) Bill 2018 be restored to the Notice Paper and consideration of the bill resume at the stage reached in the 45th Parliament.
That the Senate—
(a) notes that:
(i) Japan has turned its back on the international community by recommencing commercial whaling for the first time since 1988,
(ii) Japan has also turned its back on a rules-based order by leaving the International Whaling Commission (IWC) which has been integral to preventing some species of whales from becoming extinct,
(iii) Norway and Iceland have reduced commercial whaling in recent years in response to the negative impact it is having on tourism, and
(iv) whale watching is a viable business in many parts of the world, and that it is a much more sustainable business than killing whales; and
(b) condemns Japan, Norway and Iceland for their commercial whaling, and implores them to support whale watching rather than whale killing.
Constitution Alteration (Freedom of Expression and Freedom of the Press) 2019
That the following bill be introduced: A Bill for an Act to alter the Constitution to expressly protect freedom of expression, including freedom of the press.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
CONSTITUTION ALTERATION (FREEDOM OF EXPRESSION AND FREEDOM OF THE PRESS) BILL 2019
I am pleased to introduce the Constitution Alteration (Freedom of Expression and Freedom of the Press) 2019.
This Bill is a landmark Bill – it will provide much needed protection of a right that every Australian citizen assumes they have already, a right they regularly rely on.
With the recent world events and events at home, it is obvious that freedom of expression and freedom of the press are under significant challenge – many would say significant threat – and require Constitutional protection.
The recent Australian Federal Police raids on journalists and media organisations provide a salutary warning that freedom of the press, a pillar of our democracy, can never be taken for granted.
Australia lacks, at a national level, entrenched protections of freedom of expression. The only protections in Australia are those found in cases decided by of the High Court of Australia which established that there is an implied freedom of political communication under the Constitution. However, this freedom is not absolute, and is far more restricted than guarantees provided by other jurisdictions.
This alteration to the Constitution will protect freedom of expression along similar lines to the First Amendment to the Constitution of the United States of America which provides that the Congress "shall make no law… abridging the freedom of speech, or of the press."
The Australian Constitution does not contain a bill of rights. However, it does provide some express protection against legislative or executive action by the Commonwealth (though not by the States). Notably, section 116 provides that the Parliament "shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion..."
In a similar way, the proposed explicit protection for freedom of expression would reflect the deep understanding in the Australian community that people must be able express their opinions with confidence and free of repercussions. It would put a constitutional brake on efforts to supress freedom of expression to the detriment of our democratic and open society. The alteration will set a clear benchmark against which current laws of the Commonwealth, States and Territories can be judged.
At international law, freedom of expression is a fundamental human right. Article 19 of the Universal Declaration of Human Rights states that:
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Freedom of the press is included in freedom of expression, therefore, it is important that the protection will also extend to the media, delivered in any form, so that the media may continue to contribute to a free and democratic society. The importance of free media inquiry and reporting, including quality investigative journalism, cannot be underestimated for the contribution it has made to an environment of accountability and opportunity for reform. Where serious wrongdoing, in the form of corruption and lack of integrity or an attitude of apathy to corruption, is uncovered, it is important that this can be brought to the public's attention after avenues for holding those accountable have failed. For this reason, the proposed amendment expressly states that the freedom of expression includes the freedom of the press and other media, underscoring the significance of recent actions by government that limit that freedom.
This proposed alteration to the Constitution will extend the protection required to ensure the media can always play its vital role in supporting Australia's democracy.
The proposed alteration to the Constitution includes necessary provision for limitation of freedom of expression when, and only when, such limitation is "reasonable and justifiable" in an open, free and democratic society. It is important that the alteration contains provision for limitation, however any limitation must be consistent with the values and freedoms enjoyed within Australia.
What is "reasonable and justifiable" will be a matter for the Commonwealth, State and Territory legislatures, but will be subject to potential constitutional review by the High Court of Australia.
It is important to also recognise that this proposed alteration will, for the first time, not only incorporate into Australia's Constitution explicit protection for freedom of expression and the freedom of the press, but will also give constitutional recognition and expression to the "open, free and democratic" character of Australian society.
The explicit statement of these fundamental aspects of Australian society and democratic politics in our Constitution is long overdue and the Parliament should pass this Bill and put the proposed alteration to the Australian people for decision.
I commend this Bill to the Senate.
Constitution Alteration (Water Resources) 2019
That the following bill be introduced: A Bill for an Act to alter the Constitution to make laws for the use and management of water resources that extend beyond the limits of a State, and to require laws relating to water resources to not have an overall detrimental effect on the environment.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
CONSTITUTION ALTERATION (WATER RESOURCES) 2019
The water resources of the Murray-Darling Basin and the Great Artesian Basin are of tremendous importance and must be managed on an environmentally sustainable basis in the interests of our nation as a whole.
If passed, this legislation would ask the Australian people whether the Australian Constitution should be amended to give the Commonwealth Parliament the power to make laws for the use and management of water resources that extend beyond the limits of a State, while preventing the making of laws that would have an overall detrimental effect on the environment.
The Murray-Darling is the largest and most complex river system in Australia. It runs from Queensland, through New South Wales and the Australian Capital Territory, Victoria and South Australia, spanning 77,000 kilometres of rivers. Some three million people have access to drinking water from the Basin. Agriculture in the Murray-Darling Basin is worth $24 billion annually while its river system supports unique and diverse ecosystems including habitats for some 120 water bird species and 46 native fish species.
The Great Artesian Basin is another vital national water resource. It underlies an area of 1.7 million square kilometres, approximately 22 per cent of the Australian continent. It is the only source of reliable water for human activity and water-dependent ecosystems across large parts of the arid and semi-arid inland regions of Queensland, New South Wales, South Australia and the Northern Territory.
The findings of the South Australian Murray-Darling Basin Royal Commission and the Australian Academy of Science's investigation of the causes of mass fish kills in the Menindee Region of New South Wales leave little doubt that the management of the water resources of the Murray-Darling Basin is dysfunctional and leading to significant adverse environmental impacts. The Murray-Darling is highly likely to face more severe challenges as a consequence of climate change.
Similarly it has long been acknowledged that the Great Artesian Basin is under stress through excessive pumping and waste of bore water with a consequent need of more effective and sustainable management of what is a unique resource. Given the significant overlap of the Murray‑Darling Basin and Great Artesian Basin, these great natural water resources should be managed on a fully integrated, national basis.
That is not the case now. Despite the passage of the Commonwealth Water Act 2007 and the implementation of the Murray-Darling Basin Plan, we still have different water rules in each state, different compliance measures in each state, different governments distributing money for different elements of the Basin Plan, different accountability measures and general opaqueness in the execution and oversight of the Basin Plan caused by its multi-jurisdictional nature.
Little progress can be made while vested interests can exert an effective veto through their state governments over any proposed reform to Basin-wide water management. Every time changes to the Murray‑Darling Basin plan are proposed state water ministers threaten to pull their state out of the Basin Plan.
The Murray-Darling is a vital resource that cannot be managed on the basis of lowest common denominator agreements. We need a fully national framework that operates in the national interest.
The failure of federal and state governments to make a substantive response to the recommendations of South Australia's Murray-Darling Basin Royal Commission has made clear the absolute bankruptcy of the current management of Australia's most important river system.
This bill calls for a referendum under section 128 of the Constitution to add to the list of matters on which the Commonwealth Parliament can make laws: the use and management of water resources that extend beyond the limits of a State.
Such an alteration would put beyond doubt the Commonwealth's ability to legislate to manage the water resources of the Murray-Darling Basin river system and the Great Artesian Basin and if necessary to override inconsistent state water management legislation.
The Commonwealth already plays a key role in management of the Murray Darling Basin river system through the Water Actand the implementation of the Basin Plan. The constitutionality of the Water Act and the Basin Plan have been the subject of argument and successive Commonwealth Governments have declined to release relevant legal advice on the question. The Water Act states that the Act variously relies on:
Future management of the Basin, including any amendment to the Basin Plan, remains contingent on agreement between the Commonwealth, state and territory governments. Past experience shows that it is very difficult to secure agreement and the parochial interests often trump the national interest.
Management of the water resources of the Great Artesian Basin is currently achieved through consultation and agreement between the Commonwealth, Queensland, New South Wales, South Australian and Northern Territory governments. Again, a requirement for interjurisdictional agreement gives parochial interests much influence over management outcomes.
The Constitution alteration proposed by this legislation would provide the Commonwealth Parliament with unambiguous authority to make laws relating to water resources that extend beyond the limits of a state.
Such an alteration would put beyond doubt the power of the Commonwealth to legislate to manage the Murray-Darling river system and the Great Artesian Basin without relying on the referral of power from state parliaments and if necessary, to override state water management legislation.
The proposed alteration would further ensure that any law of the Commonwealth that relates to water resources must not affect water resources in a way that has an overall detrimental effect on the environment. This requirement would apply to all laws relating to water resources made by the Commonwealth Parliament under section 51 of the Constitution.
This provision reflects the Commonwealth Parliament's already stated view, as expressed through the purposes of the Water Act, on the importance of protecting and restoring ecosystems reliant on the Murray‑Darling Basin. More broadly it provides constitutional recognition of the vital importance of protecting and preserving Australia's major national water resources.
If passed, this legislation would affirm the Parliament's intention to rely on the new legislative power to create a nationally consistent regulatory framework for the use and management of all or particular water resources that extend beyond the limits of a State. For the avoidance of doubt, the legislation would further confirm that water resources that extend beyond the limits of a State include the Murray-Darling Basin and the Great Artesian Basin.
This legislation does not propose any amendment or change to section 100 of the Constitution which provides that the Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of a State or its residents to the reasonable use of the waters of rivers for conservation or irrigation.
This legislation does not propose any change to section 99 of the Constitution that provides that the Commonwealth shall not, by any law or regulation of trade, commerce, or revenue, give preference to one State or any part thereof over another State or any part thereof.
The vital importance of protecting and preserving Australia's major national water resources should be clearly recognised and entrenched in our Constitution. Our water resources, rivers and the environment must come first.
This is not a new problem. In 1897 and 1898 parochial state interests blocked the federal constitutional conventions from adopting South Australian proposals that the new Commonwealth Parliament be given full power to control and regulate the River Murray and other interstate inland waterways.
120 years later, the Australian people should be given the opportunity to fix this constitutional flaw.
Our great river system the Murray-Darling, and the unique resource of the Great Artesian Basin, can't wait any longer.
That the Senate—
(a) notes:
(i) the recent dominant performances of Australian women across a range of international sports, including:
(A) Ms Ashleigh Barty has been ranked No. 1 in singles by the international Women's Tennis Association, the first Australian woman to reach the top of the world tennis rankings since Ms Evonne Goolagong Cawley in 1976,
(B) Ms Hannah Green secured a win in the Women's PGA Championship, becoming the third Australian woman to win a golfing major title after Ms Karrie Webb and Ms Jan Stephenson,
(C) Ms Sally Fitzgibbons was crowned surfing world No. 1 after beating Ms Carissa Moore in the final of World Surf League's Rio Pro in Brazil,
(D) The Matildas reached the Round of 16 in the Women's Football World Cup in France, with captain Ms Sam Kerr becoming the first Australian to score four goals in a World Cup game, and
(E) Australia's women's eight crew won gold at the Rowing World Cup in Poland,
(ii) that there continue to be significant barriers to equality in women's sport, including huge pay and prize money disparity, lack of investment in and access to facilities and sporting grounds, and structural barriers including sexism, transphobia, intersexism and lack of media coverage, and
(iii) that interest in women's sport is increasing and female athletes are inspiring a whole new generation of children - equality in sport will benefit our economy, communities and athletes and help to address cultural issues that prevent women from being equally valued in our society;
(b) congratulates and thanks all these women for their dedication to excellence, and for the inspiration they provide to women and girls across Australia; and
(c) calls on the Federal Government to encourage and facilitate women's participation in sport, particularly in traditionally male-dominated sports, as players, coaches and leaders, by appropriately investing in facilities and promoting pay, prize money, and broadcast equity.
(1) That so much of the standing orders be suspended as would prevent this resolution having effect.
(2) That the following bills be restored to the Notice Paper and consideration of each of the bills resume at the stage reached in the 45th Parliament:
Air Services Amendment Bill 2018
Australian Cannabis Agency Bill 2018
Australian Multicultural Bill 2018
Broadcasting Services Amendment (Audio Description) Bill 2018
Coal-Fired Power Funding Prohibition Bill 2017
Commonwealth Electoral Amendment (Lowering Voting Age and Increasing Voter Participation) Bill 2018
Competition and Consumer Amendment (Prevention of Exploitation of Indigenous Cultural Expressions) Bill 2019
Discrimination Free Schools Bill 2018
Environment and Infrastructure Legislation Amendment (Stop Adani) Bill 2017
Murray-Darling Basin Commission of Inquiry Bill 2019
Regional Forest Agreements Legislation (Repeal) Bill 2017
Social Services Legislation Amendment (Ending the Poverty Trap) Bill 2018.
That there be laid on the table by the Minister representing the Minister for Home Affairs, by no later than 12 pm on 23 July 2019, the following documents:
(a) any correspondence, emails and notes of discussion between the Department of Home Affairs and:
(i) Paladin, including Paladin Holdings Pte Ltd, Paladin Solutions Group, Paladin Group Australia or Paladin Australia Pte Ltd, and any individuals either employed by, or holding a financial interest in, Paladin,
(A) in particular, any correspondence, emails and notes of discussion that include Mr Dermot Casey, and
(ii) NKW Holdings, including NKW Holdings Australia Pte Ltd, and any individuals either employed by, or holding a financial interest in NKW;
(b) any formal contracts between the Department of Home Affairs and any of the abovementioned companies to provide services in Papua New Guinea or Manus Island, with commercially sensitive information redacted;
(c) any reports prepared by external auditors, particularly Ernst and Young or KPMG, regarding operations undertaken by the abovementioned companies, or the tendering process that secured those services, with commercially sensitive information redacted; and
(d) any formal briefings, talking points or Question Time briefings prepared by the Department of Home Affairs in relation to the performance or activities of any of the abovementioned companies, or the tendering process that secured those services.
That the provisions of the Treasury Laws Amendment (Tax Relief So Working Australians Keep More Of Their Money) Bill 2019 be referred to the Economics Legislation Committee for inquiry and report by 22 July 2019.
The Senate divided. [12:20]
(The President—Senator Ryan)
(1) That the Senate notes that—
(a) on 12 October 2017, Mr Richard Boyle made a disclosure under the Public Interest Disclosure Act 2013 (PID Act) as a former employee of the Australian Taxation Office (ATO), alleging the ATO:
(i) had instructed employees to issue standard garnishee notices to seize funds from taxpayers' bank accounts without notice or consideration of their personal and business circumstances, and
(ii) in doing so, had required employees to engage in conduct that was unethical, unprofessional and against the Australian Public Service Code of Conduct;
(b) on 27 October 2017, the ATO decided not to further investigate Mr Boyle's disclosure on the basis that the information did not concern serious disclosable conduct as defined in the PID Act; and
(c) subsequent media inquiries found anomalies in the ATO's debt collection practices that appeared consistent with Mr Boyle's disclosure.
(2) That the Senate is of the opinion that—
(a) whistleblowers must be protected to ensure integrity and deter misconduct within the government and the public sector; and
(b) examining the ATO's actions in relation to Mr Boyle's disclosure is consistent with the Senate's role in providing oversight of government administration.
(3) That the Senate orders the Commissioner of Taxation to provide all documents relating to the disclosure generated or received by Mr Boyle's supervisor, authorised officer and principal officer (as defined in the PID Act to the Economics Legislation Committee (the committee) by no later than 5 pm on 10 July 2019.
(4) That the committee, when it has considered the documents, report to the Senate as to whether the ATO's handling of disclosures by whistleblowers warrants further inquiry.
That the Senate—
(a) notes that:
(i) there are approximately 3 million people in Australia living in poverty, including over 700,000 children,
(ii) Australia has no poverty reduction plan and, despite economic growth, poverty levels have remained high,
(iii) Newstart and Youth Allowance have not had an increase in real terms for over 25 years,
(iv) recipients of these income support payments are unable to cover basic living costs such as housing, food, transport, healthcare and utilities,
(v) income inequality and poverty has significant negative effects on individuals' physical and mental wellbeing and society, and
(vi) poverty in early childhood can lead to poorer life outcomes; and
(b) calls on the Federal Government to make it a priority to help address poverty in Australia by raising Newstart and Youth Allowance by $75 a week.
The Senate divided. [12:31]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) since the start of 2019, there have been 25 women killed by violence in Australia as reported by Counting Dead Women Australia from Destroy The Joint,
(ii) today there have been reports of a further violent death of a woman in Queensland – her death is under investigation and raises the toll to 26,
(iii) there is no national government reporting program to record the ongoing toll of women killed by violence in real time – this work is currently left to researchers at not-for-profit organisations like Destroy the Joint,
(iv) on average, one woman a week is murdered by her current or former partner,
(v) 1 in 3 Australian women have experienced physical violence since the age of 15,
(vi) 1 in 5 Australian women has experienced sexual violence,
(vii) 1 in 6 Australian women has experienced physical or sexual violence by a current or former partner,
(viii) 1 in 4 Australian women has experienced emotional abuse by a current or former partner,
(ix) Australian women are nearly three times more likely than men to experience violence from an intimate partner,
(x) there is growing evidence that women with disabilities are more likely to experience violence,
(xi) Aboriginal and Torres Strait Islander women report experiencing violence in the previous 12 months at 3.1 times the rate of non-Indigenous women, and
(xii) in 2014-15, Indigenous women were 32 times as likely to be hospitalised due to family violence as non-Indigenous women; and
(b) calls on the Federal Government to:
(i) recognise domestic violence against women as a national security crisis,
(ii) adequately fund frontline domestic violence and crisis housing services to ensure that all women seeking safety can access these services when and where they need them,
(iii) legislate for 10 days paid domestic violence leave so that women don't have to choose between paying the bills and seeking safety,
(iv) implement all 25 recommendations contained in the report of the Finance and Public Administration References Committee on domestic violence in Australia, tabled on 20 August 2015, and
(v) much like the national road toll, maintain and publish an official real-time national toll of women killed by violence in Australia.
That the Senate—
(a) notes that:
(i) public services in South Australia, this time the transport system, are under attack from privatisation, and
(ii) privatisation of essential services has an adverse effect on South Australians, with services becoming more expensive and less reliable – electricity prices increased when the Electricity Trust of South Australia was privatised in 1999, as well as bus fares increasing after privatisation in recent years; and
(b) calls on the South Australian Liberal Government to reconsider its move to privatise Adelaide Metro trains and trams.
(1) That a joint select committee, to be known as the Joint Select Committee into the Public's Right to Know and Press Freedom, be established to inquire into and report on the appropriate balance between the public's right to know, the freedom of the press and Australia's national security, with particular reference to:
(a) disclosure and public reporting of sensitive and classified information, including the appropriate regime for warrants regarding journalists and media organisations and adequacy of existing legislation;
(b) the whistleblower protection regime and protections for public sector employees;
(c) the adequacy of referral practices of the Australian Government in relation to leaks of sensitive and classified information;
(d) appropriate culture, practice and leadership for Government and senior public employees;
(e) mechanisms to ensure that the Australian Federal Police have sufficient independence to effectively and impartially carry out their investigatory and law enforcement responsibilities in relation to politically sensitive matters; and
(f) any related matters.
(2) That the committee should provide an interim report by 19 September 2019 and a final report by 28 November 2019.
(3) That the committee consist of 8 members of the House of Representatives and 8 senators, as follows:
(a) 3 members of the House of Representatives nominated by the Government Whip or Whips;
(b) 4 members of the House of Representatives nominated by the Opposition Whip or Whips;
(c) 1 member of the House of Representatives nominated by the Member for Clark;
(d) 3 senators nominated by the Leader of the Government in the Senate;
(e) 3 senators nominated by the Leader of the Opposition in the Senate;
(f) 1 senator nominated by the Leader of the Australian Greens; and
(g) 1 senator from Centre Alliance.
(4) That:
(a) participating members may be appointed to the committee on the nomination of the Government Whip in the House of Representatives, the Opposition Whip in the House of Representatives, the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator or member of the House of Representatives; and
(b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee.
(5) That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House.
(6) That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
(7) That the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time.
(8) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.
(9) That the committee elect as chair one of the members nominated by the Opposition Whip in the House of Representatives or the Leader of the Opposition in the Senate, and as deputy chair one of the members nominated by Government Whip in the House of Representatives or the Leader of the Government in the Senate.
(10) That the deputy chair shall act chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.
(11) That, in the event of an equality of voting, the chair, or the deputy chair when acting as chair, have a casting vote.
(12) That the committee have power to appoint subcommittees consisting of 3 or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to consider.
(13) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.
(14) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President of the Senate and the Speaker of the House of Representatives.
(15) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.
(16) That the committee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
(17) That a message be sent to the House of Representatives seeking its concurrence in this resolution.
The Senate/committee divided. [12:49]
(The President—Senator Ryan)
(1) That a select committee, to be known as the Select Committee on the effectiveness of the Australian Government's Northern Australia agenda, be established to inquire into and report on the effectiveness of the objectives, design, implementation and evaluation of the Australian Government's Northern Australia agenda, with particular reference to:
(a) facilitation of public and private investment in infrastructure and economic development;
(b) economic and social benefit arising from that investment for Northern Australians, in particular First Nations people;
(c) funding models and policy measures that capture the full value of existing and emerging industries;
(d) measures taken to develop an appropriately skilled workforce;
(e) emerging national and international trends and their impact on the Northern Australia agenda; and
(f) any related matters.
(2) That the committee present its final report on or before the final sitting day of 2020.
(3) That the committee consist of 7 senators, as follows:
(a) 2 nominated by the Leader of the Government in the Senate;
(b) 3 nominated by the Leader of the Opposition in the Senate;
(c) 1 nominated by minor party and independent senators; and
(d) 1 nominated by the Leader of the Australian Greens.
(4) That:
(a) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator; and
(b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee.
(5) That 4 members of the committee constitute a quorum of the committee.
(6) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.
(7) That the committee elect as chair a member nominated by the Leader of the Opposition in the Senate and as deputy chair a member nominated by the committee.
(8) That the deputy chair shall act chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.
(9) That, in the event of an equality of voting, the chair, or the deputy chair when acting as chair, have a casting vote.
(10) That the committee have power to appoint subcommittees consisting of 2 or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to consider.
(11) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.
(12) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President of the Senate.
(13) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.
That there be laid on the table by the Minister representing the Minister for Home Affairs, by no later than 12 pm on 23 July 2019, the report prepared by the Independent Health Advice Panel and the Minister’s summary and response, in accordance with Section 199E of the Migration Act 1958.
That the Senate supports the development of the Carmichael Mine project and the opening of the Galilee Basin.
The Senate divided. [12:57]
(The President—Senator Scott Ryan)
(a) notes that, on 6 May 2019, the Australian Academy of Science (the Academy) celebrated the 65th anniversary of its creation by Royal Charter;
(b) congratulates the Academy on 65 years of service to the nation;
(c) acknowledges that, since its formation in 1954, by 23 of Australia's most eminent scientists, the Academy has celebrated scientific excellence and supported greater understanding of science by the Australian people;
(d) recognises the unique role the Academy plays in promoting international engagement and research collaboration and investing in the early and mid-career researchers, as well as serving as a source of independent and authoritative scientific advice to the Parliament and Commonwealth on Australia's future challenges and opportunities; and
(e) also congratulates the Academy on celebrating the 60th anniversary of the construction of the iconic Shine Dome, one of Australia's most imaginative and well-known buildings.
(a) notes that 25 June 2019 marks the 50th anniversary since the creation of the Australian Academy of the Humanities by Royal Charter;
(b) congratulates the Academy of the Humanities on 50 years of service to the nation;
(c) acknowledges that, from its earliest days, the Academy of the Humanities has championed the contribution that the arts, culture, music, history, language and literature, philosophy and archaeology make to our national life; and
(d) recognises the unique role the Academy of the Humanities plays in promoting international engagement and research collaboration and investing in the next generation of humanities researchers, as well as serving as a source of independent and authoritative advice to ensure that ethical, historical and cultural perspectives inform discussions regarding Australia's future challenges and opportunities.
(1) That the Senate—
(a) notes:
(i) that Mr Christopher Pyne served as the Minister for Defence Industry from 19 July 2016 to 28 August 2018, and as the Minister for Defence from 28 August 2018 to 11 April 2019,
(ii) that Mr Pyne has taken employment with consulting firm EY,
(iii) Mr Pyne's statement that he is "looking forward to providing strategic advice to EY, as the firm looks to expand its footprint in the defence industry", and
(iv) EY's statement that Mr Pyne will help build EY's defence-related business in South Australia and elsewhere, including helping to "lead conversations about what all states need to do to meet the challenges and opportunities this defence investment will bring";
(b) endorses:
(i) Senator Birmingham's statement that the Government expects that "everybody should adhere to that Code of Conduct and that includes Christopher", and
(ii) Senator Abetz's statement on Mr Pyne's conduct that "people do expect a standard from the ministers and then former ministers to ensure that which they have learnt and gleaned from their ministerial roles are not exported into other roles from which they can potentially gain financially";
(c) further notes:
(i) that Ms Julie Bishop served as the Minister for Foreign Affairs from 18 September 2013 to 28 August 2018,
(ii) that Ms Bishop has now been appointed to the board of Palladium, a global impact investing and consultancy group which was awarded more than half a billion dollars in government contracts while Ms Bishop was the Minister for Foreign Affairs, and
(iii) Palladium's statement that "Ms Bishop brings a network of global contacts, years of public service experience and background in driving innovation in international development";
(e) calls on the Prime Minister to take appropriate action; and
(f) orders that there be laid on the table by the Minister representing the Prime Minister, by no later than 10 am on 22 July 2019, a letter from the Prime Minister outlining in detail:
(i) when Mr Morrison was first made aware of the actions of Mr Pyne or Ms Bishop,
(ii) what action the Prime Minister has taken since being made aware, and
(iii) how the Prime Minister's Statement of Ministerial Standards has not been breached or alternatively what arrangements have been put in place to ensure they are not breached.
(2) That, at 12.20 pm on 22 July 2019, before government business is called on, a senator may ask the relevant minister for an explanation of the response to the order contained in paragraph (f) or for an explanation of the failure to respond, and:
(a) the senator may, at the conclusion of the explanation, move without notice—That the Senate take note of the explanation; or
(b) in the event that the minister does not respond to the order or provide an explanation, the senator may, without notice, move a motion in relation to the minister's failure to provide either a response or an explanation.
(a) notes that:
(i) since 2013, gas prices for manufacturers have skyrocketed, increasing by up to four times their levels in 2013,
(ii) according to the Australian Competition and Consumer Commission, spiralling gas prices have resulted in three manufacturers closing down and threaten the viability of many more businesses,
(iii) Australia has become the world’s largest gas exporter while our own businesses face difficulties in securing affordable gas supplies,
(iv) the Federal Government continues to refuse to bring big gas companies to heel by pulling the trigger on gas export controls,
(v) under Prime Minister Morrison, power prices have continued to skyrocket, with wholesale power price futures contracts up by 33% since former Prime Minister, Mr Malcolm Turnbull was forced out of The Lodge, and
(vi) Prime Minister Morrison’s election promise to reduce wholesale power prices to $70/mwh by 2021 would only bring prices back to the levels seen under his predecessor, Mr Turnbull; and
(b) calls on the Federal Government to take real action to reduce the cost of energy in Australia by:
(i) bringing big gas companies to heel by finally pulling the trigger on gas export controls and ensuring Australian users have access to affordable Australian gas,
(ii) guaranteeing a reduction in gas prices for Australian businesses to levels that can sustain competitive Australian manufacturing, as well as ensuring ample gas supply for Australian users, and
(iii) delivering a national energy policy that will end investment uncertainty and deliver a modern energy system including cheaper, reliable and clean power.
(1) After paragraph (a)(i), add:
(ia) Government is giving this gas away with no royalties and missing out on $90 billion in revenue with gas companies sitting on $324 billion in PRRT credits before they have to pay a cent in tax and that neither the government or opposition want to change this cosy set up or threaten future political donations,
(2) Omit subparagraph (a)(iii), substitute:
(iii) Australia has become the world's largest gas exporter, thanks to environmental approvals issued by Labor governments, while our own businesses face difficulties in securing affordable gas supplies;
(3) After subparagraph (a)(vi), insert:
(vii) gas exports increases pressure on domestic gas extraction, placing farmers' land and water under sustained threat from fracking for unconventional gas, and
(viii) new gas production will increase global emissions 25% more than new coal projects and the industry threatens our ability to stay below 1.5 degrees of warming,
(4) Omit paragraph (b), substitute:
(b) calls on the Government to take real action to reduce the cost of energy in Australia by:
(i) bringing big gas and fossil fuel companies to heel, supporting the transition to renewable energy and ensuring Australian users have access to affordable, clean, renewable energy;
(ii) guaranteeing a reduction in gas energy prices for Australian businesses by subsidising renewable energy developments to levels that can sustain competitive Australian manufacturing, as well as ensuring ample gas clean energy supply for Australian users; and
(iii) delivering a national energy policy that will end investment uncertainty and deliver a modern energy system including cheaper, reliable and clean power.
The Senate divided. [13:11]
(The President—Senator Ryan)
That general business notice of motion No. 30 be amended in paragraph (1)(d) by omitting "12.20 pm on 22 July 2019", and substituting "12.00 pm on 23 July 2019".
(1) That the Senate—
(a) notes that current and previous Prime Ministers' Statements of Ministerial Standards clearly provide that ministers must act with honesty and integrity in all their activities, in particular, ministers must:
(i) make arrangements to avoid conflicts arising from their private interests, also having regard to interests held by family members (paragraphs 2.9 and 2.17), and
(ii) not use public office for private purposes (paragraph 2.2);
(b) further notes with deep concern recent reports in The Guardian that:
(i) while Jam Land Pty Ltd, a company part-owned by Mr Angus Taylor MP and his brother, was under investigation by the Department of the Environment for alleged unlawful destruction of critically-endangered grasslands, Minister Taylor met with Department of the Environment staff,
(ii) an investigator from the office responsible for investigating the clearing allegations attended at least one meeting between Minister Taylor and departmental staff, and
(iii) the former Minister for the Environment, Mr Josh Frydenberg, was approached by Mr Angus Taylor in relation to the critically-endangered listing of the grassland species, and Minister Frydenberg subsequently sought advice about his powers to amend the critically-endangered listing;
(c) is of the opinion that there are serious questions about whether this conduct complies with the Ministerial Standards; and
(d) requires that the Leader of the Government in the Senate (Senator Cormann) attend the Senate at 12.00 pm on 23 July 2019 to explain, for a period not longer than 10 minutes:
(i) the conduct of Ministers Taylor and Frydenberg and how it is not a breach of the Ministerial Standards, and
(ii) whether any investigation has been, or will be, undertaken into the conduct of Ministers Taylor and Frydenberg.
(2) That, at the conclusion of the Minister's explanation, any senator may, without notice, move a motion to take note of the Minister's explanation.
(3) That any motion under paragraph (2) may be debated for no longer than 1 hour, and have precedence over all government business until determined, and senators may speak to the motion for not more than 10 minutes
The Senate divided. [13:17]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) deeming rates determine how much the Federal Government assumes pensioners earn on their savings, and are used to calculate how much pension a person receives,
(ii) deeming rates are set by the Government,
(iii) the Reserve Bank has cut interest rates five times since 2015, but in this time the Government has not adjusted the deeming rates at all,
(iv) the cash rate is now just 1%, but the Government has kept the deeming rates at up to 3.25%,
(v) secure investments, like term deposits, are not providing returns in line with the deeming rate,
(vi) low interest rates and high deeming rates mean pensioners' budgets are being hit twice, with lower earnings on savings and reduced pension payments,
(vii) up to 627,000 age pensioners, who are on a part-pension because of the income test, are impacted by the Government's refusal to reduce deeming rates, and
(viii) the Treasurer has said banks should pass on interest rate cuts to mortgage holders in full, but the Government is refusing to do the same by reducing the deeming rates for pensioners; and
(b) calls on the Federal Government to urgently reduce the deeming rates and stop counting income that many pensioners simply are not earning.
Treasury Laws Amendment (Tax Relief So Working Australians Keep More Of Their Money) Bill 2019
I could imagine Huawei being included in some form or some part of it.
Huawei is something that is very dangerous.
You look at what they've done from a security standpoint, a military standpoint. Very dangerous.
… a range of measures, including limits on future gas exports and greater transparency on existing deals.
Real spending growth would need to average around 1.3 per cent per annum over the decade—or 1.8 per cent if the economy performs as strongly as Treasury projects. Either way, this is substantially lower than any previous government has achieved.
The Reserve Bank are cutting interest rates not because the Australian economy is doing well but because the Australian economy is deteriorating. So we are one cut away from emergency levels of a cash rate.
We have had the extraordinary situation where the Reserve Bank has cut interest rates to record lows and consumer confidence falls. And why? Because consumers have been spooked …
… if anyone thinks that the Reserve Bank acted today because the economy is doing really well … they'd be deluding themselves.
That so much of the standing orders be suspended as would prevent Senator Wong moving a motion to provide for the consideration of a matter—namely, a motion to give precedence to a motion requiring a minister to table a document, the document in question being the document that sets out the deal with Centre Alliance on gas prices, about which questions have been asked in this chamber today.
We will continue to engage in good faith and constructively with all non-government senators. A range of issues have been raised, ranging from a desire to lower energy prices, which we share and we are pursuing, and various other issues. It is very important for your viewers to understand our government is absolutely committed to lower energy prices. We have a very ambitious agenda already to bring down energy prices, including by boosting the supply of gas into the domestic market. Of course, we are prepared to engage with non-government senators in relation to these matters. In the end, you have to make judgements on these matters on their own merit.
I think probably a realistic measure is something of the order of about $7 per gigajoules. Currently we're paying about $9 per gigajoule.
Centre Alliance has received a written guarantee outlining the Morrison government's gas policy, which the key minor party demanded in exchange for its support for the … tax cuts …
The copy of the draft gas policy, which has been signed by the government, was given to Centre Alliance senators last night ahead of a crucial vote in the Senate today …
We want a bipartisan approach to this. It's too important for politics. We want to be part of the solution not part of the problem. I have already had a discussion with Matt Canavan on this issue. We need to work together to get this right.
Treasury Laws Amendment (Tax Relief So Working Australians Keep More Of Their Money) Bill 2019
Taxes, taxes, taxes. All the rest is bullshit in my opinion.
High gas prices remain a critical issue for domestic gas users and could see more businesses move or close on the east coast.
Labor, however, dealt it-self out of the equation by a muddled strategy, appearing confused about whether or not to support tax cuts.
Now of course I am minimizing my tax and if anybody in this country doesn't minimize their tax they want their heads read because as a government I can tell you you're not spending it that well that we should be donating extra.
The Senate divided. [17:29]
(The President—Senator Ryan)
At the end of the motion, add:
", but the Senate:
(a) notes that the bill does nothing to assist people receiving newstart allowance or youth allowance; and
(b) calls upon the Government to introduce legislation to amend the Social Security Act 1991 to increase the maximum single rates of newstart allowance and youth allowance by $150 per fortnight".
The Senate divided. [17:33]
(The President—Senator Ryan)
The Senate divided. [17:39]
(The President—Senator Ryan)
(1) Schedule 1, page 3 (line 1) to page 4 (line 5), omit the Schedule, substitute:
Schedule 1—Low Income tax offset
Income Tax Assessment Act 1936
1 Subsection 159N(2)
Omit "$445, reduced by 1 cents", substitute "$1080, reduced by 3 cents".
Income Tax Assessment Act 1997
2 Subsection 61 ‑115(1) (table)
Repeal the table, substitute:
3 Application
The amendment of section 159N of the Income Tax Assessment Act 1936 as made by this Schedule applies in relation to assessments for the 2018‑19, 2019‑20, 2020‑21 or 2021‑22 income year.
[low income tax offset]
(2) Schedule 2, page 5 (line 1) to page 7 (line 1), to be opposed.
[personal income tax reform]
The committee divided [18:01]
(The Chair—Senator Lines)
(1) Schedule 2, page 5 (before line 4), before item 1, insert:
1A Clause 1 of Part I of Schedule 7 (table dealing with tax rates for resident taxpayers for the 2018 ‑19, 2019 ‑20, 2020 ‑21 or 2021 ‑22 year of income)
Repeal the table (including the note), substitute:
(2) Schedule 2, page 6 (before line 1), before item 3, insert:
2A Clause 1 of Part III of Schedule 7 (table dealing with tax rates for working holiday makers for the 2018 ‑19, 2019 ‑20, 2020 ‑21 or 2021 ‑22 year of income)
Repeal the table, substitute:
(1) Schedule 2, item 2, page 5 (starting at line 11), to be opposed.
(2) Schedule 2, item 4, page 6 (starting at line 8), to be opposed.
That this bill be now read a third time.