The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 10:00, read prayers and made an acknowledgement of country.
That general business notice of motion No. 295 standing in my name, relating to the Saving Australia Dairy Bill 2019, be called on immediately.
The Senate divided. [10:30]
(The President—Senator Ryan)
Saving Australian Dairy Bill 2019
That the following bill be introduced: A Bill for an Act to ensure the viability of Australia's dairy industry, 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.
SAVING AUSTRALIAN DAIRY BILL 2019
The Liberal National party government might be willing to give up on the dairy industry, but I am not going to do that. The main purpose of Saving Australian Dairy Bill 2019 is to introduce three measures to ensure a viable dairy industry in Australia for generations to come.
Firstly the Bill calls for a minimum farm-gate price to be set for milk, by milk region. The second purpose of the Bill is to introduce a mandatory code to replace the current voluntary Food and Grocery Code of Conduct and to widen the scope of that Code to include the dairy supply chain. The third purpose is to make a referral to the Productivity Commission in respect of divestment powers.
This Bill replaces the Protecting Australian Dairy Bill 2019, which the government voted against on the 11th of November, despite having no alternative proposal to save the Australian dairy industry.
The government, now in its third term sits safely on the sidelines as dairy farmers take their chances with larger and more powerful foreign-owned multinational milk processors. The result is that 500 family owned dairy farms have gone out of business in the past twelve months leaving just 5200 to battle with large corporate multinational milk processors, such as Fonterra, Saputo, Parmalat and Lion.
Australians need to know that New Zealand milk processor Fonterra (trading as New Zealand Milk Australasia) reported sales in Australia of close to $7.5 billion in the period 2013 to 2017, but paid not a single dollar in income tax. When Australian dairy farmers cannot make any money year on year they exit the industry, but foreign owned dairy giants in the same situation stay in business and just keep on growing their revenues.
The Australian government has comprehensively failed every Australian, because it will not deal with tax avoidance by multinational businesses. In my view we should not make an exception for the largest exporter of dairy products in the world. The fact that New Zealand owned Fonterra can manipulate the Australian dairy market to advantage its farmers in New Zealand should be of concern to the government, but they don't care.
Fonterra pays New Zealand dairy farmers a regulated farm-gate price which is often more than Australian dairy farmers receive, despite the fact New Zealand has lower costs of production. Regulation has helped New Zealand double its milk production since 2000 while in Australia the lack of regulation has seen milk production go backwards, with production falling 30% since 2000. This Bill provides a minimum level of regulation based on the New Zealand model.
industry, because productive dairy cows are being sent to the meat packers daily and In the period 2013 to 2017 the other major milk processors also paid a pitiful amount of tax. Canadian owned Saputo earned close to 12 billion dollars over four tax years and paid a pitiful 20 million dollars in tax. The story is the same for the French owned Parmalat and Japanese owned Lion Pty Ltd.
I don't understand how the government can allow these foreign owned multinationals to pay next to nothing in income tax and at the same time destroy our dairy industry.
In response to those who say a minimum farm gate price could lead to a reduction in dairy exports, I say that there will be no exports unless we can stem the decline of the dairy industry. The suggestion that the Australian Competition and Consumer Commission (ACCC) would set the minimum farm gate price at a level which would support the most inefficient farmer in a milk region misunderstands the purpose of the legislation.
The Bill does not involve a subsidy by the government paid by the taxpayer. The intention of the Bill is to increase prices paid to farmers, which will be paid by consumers.
The proposition that the Bill would offend the World Trade Organisation's (WTO) Agricultural Agreement rules depends on whether we can expand our dairy industry to the point where world prices fall as a direct result. Time will tell but it seems highly unlikely given our milk production has fallen and demand in the world is rising.
New Zealand is the largest exporter of dairy products in the world contributing 19.3% of world exports in 2018. They have similar legislation to this Bill and no one has yet taken New Zealand to the WTO for a breach of the non-tariff rules.
The Minister for Agriculture has repeatedly said no-one wants a base or minimum farm-gate price set for milk as proposed in my legislation. I suggest the Minister read the story on the front page of the Australian Financial Review on Tuesday 26 November in which Nationals MP Barnaby Joyce called for a floor price for the farm-gate or retail price for milk as a condition for the sale of Lion Dairy and Drinks to a Chinese company which is also seeking to buy Bellamy's Organic Foods (known for their range of baby foods and powdered baby milk).
The writing is on the wall for the dairy industry in Australia. Either the Liberal National government permits the destruction of the dairy industry with the result they create the opportunity for foreign ownership at bargain prices or we keep viable dairy farms, owned by Australians. Australians, who live here, pay taxes in the good years, keep rural towns viable and supply Australians with fresh milk and dairy products.
Fresh milk export trials to China have opened a new export market for the industry over the past five years. Chinese-owned Tasmanian processor Van Diemen's Land Company has started exporting fresh milk from Hobart to Ningbo reportedly filling two Qantas Jumbo jets a week with fresh milk.
If the Bill is supported then we can retain the experience and knowledge of dairy farmers and give hope to current and future dairy farmers. We don't have much time to save the dairy
dairy farmers are leaving the land.
The Liberal National government wants to solve every issue economically, and will not balance that consideration with the ongoing need for food security and the social issues which follow when farmers go out of business, and the rural towns that depend on them and support them go too.
There is a deep sorrow in the bush at the failure of government to respond to their issues in a meaningful way. I am sick of hearing Ministers say they know others are 'doing it tough' when they don't act in a way that makes people know that they mean what they say.
I commend this Bill to the Senate, because it is a sound and sensible piece of legislation based on the evidence of what works and what does not in the dairy industry around the world. It is possibly the last chance to save the dairy industry in Australia.
Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019
That the following bill be introduced: A Bill for an Act to amend the Public Governance, Performance and Accountability Act 2013,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.
PUBLIC GOVERNANCE, PERFORMANCE AND ACCOUNTABILITY AMENDMENT (WAIVER OF DEBT AND ACT OF GRACE PAYMENTS) BILL 2019
This bill amends the Public Governance, Performance and Accountability Act 2013 to require the Department of Finance to publish details relating to waivers of debt and act of grace payments in its annual report.
The Public Governance, Performance and Accountability Act 2013 provides the Minister for Finance with the power to waive debts owed to non-corporate Commonwealth entities, such as the Australian Tax office and Centrelink (Services Australia). This means that these debts are no longer owing to the Commonwealth and cannot be recovered.
Waivers of debt for amounts up to $100,000 have been delegated to officials in the Department of Finance, with amounts of $100,000 and above requiring Ministerial approval.
These waivers of debt are not publicly reported, and there is no requirement for there to be any publication of details such as how many debt waivers have been made, and the amount of debt that has been waived.
The Public Governance, Performance and Accountability Act 2013 also provides the Minister for Finance the power to make payments to a person if they consider it appropriate to do so because of special circumstances.
While 'special circumstances' are not strictly defined, these can include situations where a non-corporate Commonwealth entity has taken action, or failed to take action, and this has caused an unintended and inequitable result for someone.
Like waivers of debt, these act of grace payments are not publicly reported, and there is no requirement for there to be any publication of details such as how many act of grace payments have been made, and the amount provided through these payments.
In the interests of government accountability and transparency, rectifying this lack of publication is a small, but important step.
This bill will require the Department of Finance to provide information in its annual report on the number of debt waivers granted in the financial year that the annual report covers, as well as the total amount of the debt waived.
It will also require the Department of Finance to provide information in its annual report on the number of act of grace payments made in the financial year that the annual report covers, as well as the total amount provided through these payments.
It does not, and will not, require the publication of any personal or sensitive information about any individual or organisation who received a debt waiver or act of grace payment.
This bill strikes a good balance between transparency of government operations and protecting the privacy of individuals and organisations.
It is an important step in ensuring that governments remain open and accountable to the Parliament, and to the Australian public.
National Consumer Credit Protection Amendment (Small Amount Credit Contract and Consumer Lease Reforms) Bill 2019 (No. 2)
That the following bill be introduced: A Bill for an Act to amend the National Consumer Credit Protection Act 2009,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.
NATIONAL CONSUMER CREDIT PROTECTION AMENDMENT (SMALL AMOUNT CREDIT CONTRACT AND CONSUMER LEASE REFORMS) BILL 2019
This Bill amends the regulatory framework for Small Amount Credit Contracts (SACCs) (commonly known as payday loans) and consumer leases (known as rent-to-buy schemes).
It amends the National Consumer Credit Protection Act 2009 (NCCP Act) and replicates, word for word, the government's exposure draft legislation, which was released in October 2017 but has not progressed further.
The amendments proposed in this Bill improve consumer protections for those who use payday loans and consumer leases. Consistent with the government's exposure draft legislation, this Bill will introduce a cap on the total payments that can be made under a consumer lease and requires SACCs to have equal repayments and equal payment intervals.
The Bill removes the ability for SACC providers to charge monthly fees in respect of the residual term of a loan, where a consumer fully repays the loan early, and would prevent lessors and credit assistance providers from undertaking door-to-door selling of consumer leases at residential homes, which is predatory behaviour.
The Bill will introduce broad anti-avoidance protections to prevent SACC loan and consumer lease providers from circumventing the rules and protections contained in the NCCP Act and the code.
These protections respond to one of the recommendations in the Independent Review of SACC laws, initiated by the government in 2015. This recommendation was again highlighted in the 2019 Senate Economics References Committee inquiry into Credit and financial products targeted at Australians at risk of financial hardship. The report made a number of recommendations for tighter regulation of the non-bank lending sector, including that the law be amended to clamp down on attempts to disguise the nature of existing credit products and capture new and emerging credit-like products.
Furthermore, the Bill contains strengthened penalties with the aim of increasing the incentive for SACC providers and lessors to comply with the law.
The Stop the Debt Trap Alliance's report entitled The Debt Trap, released in November this year, reported that the number of loans and consumer leases taken out each year continues to rise, particularly among women. Worryingly, almost half of these borrowers are single mothers. The number of easy-access online loans has also rapidly increased over the last ten years. By the end of 2019, it is expected that over 85% of payday loans will have originated online.
The federal government has dropped the ball on these important reforms.
However, these reforms have not been progressed since 2017 and we have been given It initiated a statutory review of the existing laws in 2015 and pledged to enact most of the recommendations. In 2016, it undertook significant consultation and, in October 2017, the government released its exposure draft. The only step left was to introduce a bill to make the sensible reforms a reality and ensure vulnerable consumers are afforded appropriate levels of consumer protection while continuing to access SACCS and leases.
However, these reforms have not been progressed since 2017 and we have been given no satisfactory explanation as to why.
The people paying for this reluctance to act are the most vulnerable in our society — people who are struggling financially, whose desperation makes them ripe for financial exploitation and who cannot afford to tumble into a worsening financial predicament.
Time is of the essence and we urgently need to progress these reforms and protect vulnerable Australians.
That so much of the standing orders be suspended as would prevent Senator Wong moving a motion relating to the conduct of the business of the Senate, namely a motion to provide that general business notice of motion No. 314 be called on immediately and be considered until 12.20 pm.
The Senate divided. [11:12]
(The President—Hon. Scott Ryan)
Productivity Commission Amendment (Addressing Inequality) Bill 2017
In short, if Labor's Negative Gearing policy is legislated in its current form, we expect a rise in rental yields which will occur through a combination of … falling dwelling prices and, eventually, a rise in rents.
We misread the mood about franking credits. In hindsight there were a lot of people who felt vulnerable.
risk undermining a key element of our comprehensive strategic partnership and delaying the benefits of (the trade deal) to Australian farmers and businesses.
A recent example is our commitment to pay invoices to small businesses that use e-invoicing, not 20 days, within 5 business days, 5 business days. That’s where we are going now … Cash flow is king for any business – particularly small business – so this is an enormous incentive for small businesses to switch to e-invoicing.
… undertake research on inequality and its effects on the Australian economy and community, and report to the Minister …
… mitigate the negative effects of inequality on the Australian economy and the Australian community.
An inequality report is to assess:
(a) economic inequality in Australia's regions and cities; and
(b) the effects of economic inequality on:
(i) intergenerational mobility; and
(ii) access to social, economic, educational and other opportunities for members of the Australian community; and
(iii) social, economic, educational and other outcomes for members of the Australian community; and
(iv) the performance of the Australian economy; and
(c) the extent to which current Government policies affect economic inequality.
Where you live shapes how easy it is to buy healthy food, use active transport and make social connections. The concentration of food deserts is particularly pronounced within Sydney's western suburbs, which compounds the problem of lower socio-economic groups eating poorer diets leading to associated health problems.
Over recent decades in Australia union membership has fallen from 40% of the workforce in 1990 to 15% in 2016 and so unions might seem less relevant in making a difference to what we earn. But our research finds that union members do earn higher wages per hour than non-union members.
This is because union members have more experience with their current employer, in their occupation and in the labour market generally, than non-union members.
In economics, the more knowledge and skills a worker has, the higher productivity and wages they'll have.
However formal education didn't seem to factor in as a decider of differences in wages between unionists and non-unionists in the study. Rather, these findings suggest that when unions negotiate collective agreements for members they are concerned about employment security, as well as wages and this is a deciding factor.
This data found there were training initiatives in 80% of union negotiated agreements, compared to 52% of non-union agreements.
That the Senate take note of the response of the minister.
The proposed Bills conflate advocacy for good policy with political campaigning for elections. They impose severe criminal penalties on expression and access to information that is central to public debate and accountability in a democratic society. The changes will stop charities, community organizations and not-for-profits from speaking out about issues that are of great importance to the Australian community.
The committee recommends that the Australian government urgently provide a public response to the recommendations made in the review panel's report, Strengthening for Purpose: Australian Charities and Not-for-profits Commission Legislation Review .
The committee recommends the Australian Government commit to working with state and territory governments and the not-for-profit sector to develop a consistent national model for regulating not-for-profit and charitable fundraising activities within a time limit of two years.
… the Australian government urgently provide a public response to the recommendations made in the review panel's report, Strengthening for Purpose: Australian Charities and Not-for-profits Commission Legislation Review .
Migration Amendment (Repairing Medical Transfers) Bill 2019
Unless there are compelling medical reasons, supported by second opinions, to do with life and death situations, or situations involving the risk of life time injury or disability, transfers to Australia should be avoided as a general rule and should in any event become increasingly rare.
Despite the work done to reduce the instance of transfer to Australia for medical care, the cases we continue to see are unique and complex (physical health, mental health and child protection all combined) and there exists a high likelihood that they will become the subject of legal proceedings.
… the aim should be to avoid to the maximum extent possible such transference to Australia ... This instruction is to be overridden only if and when there is a reasonable apprehension that inaction would result in an immediate threat to life, or the occasioning of permanent debilitating injury.
The majority of the evidence to the inquiry argued that the medical transfer provisions enacted in March 2019 should not be repealed…
Mr Khazaei's death was preventable. Consistent with the evidence of the expert witnesses who assisted the court in this matter I—
am satisfied that if Mr Khazaei's clinical deterioration was recognized and responded to in a timely way at the MIRPC clinic, and he was evacuated to Australia within 24 hours of developing severe sepsis, he would have survived.
… The clinicians who received Mr Khazaei at the PIH on that day—
did not have the necessary clinical skills to deal with his presentation. The significant delay in responding to his critical care needs at the PIH led to cardiac arrest after which Mr Khazaei's condition became irretrievable.
Decisions about medical transfers should be based on clinical considerations.
Porter, as the first law officer of the land … should have grabbed the phone out of his hand and said, 'Don't do this, it's not a good idea'.
Morrison, your climate crisis destroyed my home.
That the Senate take note of the answer given by the Minister for Agriculture (Senator McKenzie) to a question without notice asked by Senator Green today.
Why didn't Warren host a meeting with Tableland dairy farmers prior to July 1,1999, when his LNP colleagues under then Prime Minister John Howard, deregulated the dairy industry.
That the Senate take note of the answer given by the Minister for Agriculture (Senator McKenzie) to a question without notice asked by Senator Hanson-Young today.
That, in accordance with section 5 of the Parliament Act 1974 , the Senate approves the following proposals by the National Capital Authority for capital works within the Parliamentary Zone:
(a) National Gallery of Australia Foreshore Public Domain upgrade; and
(b) the Sir John Gorton commemorative sculpture.
Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019
Agriculture Legislation Amendment (Streamlining Administration) Bill 2019
Wine Australia Amendment (Label Directory) Bill 2019
A Bill for an Act to amend legislation relating to the criminal law and law enforcement, and for related purposes. Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 .
A Bill for an Act to amend laws relating to biosecurity and imported food to provide for streamlined administration through automated decision-making, and for related purposes. Agriculture Legislation Amendment (Streamlining Administration) Bill 2019 .
A Bill for an Act to amend the Wine Australia Act 2013 , and for related purposes.Wine Australia Amendment (Label Directory) Bill 2019 .
That these bills be now read a second time.
CRIMES LEGISLATION AMENDMENT (COMBATTING CORPORATE CRIME) BILL 2019
The Crimes Legislation Amendment (Combatting Corporate Crime) Bill 2019 will amend the Criminal Code and theDirector of Public Prosecutions Act 1983 to enhance the tools available to law enforcement and prosecutors to tackle corporate crime.
Corporate crime is estimated to cost Australia billions of dollars every year. It hurts business, our international reputation and our economic wellbeing.
In particular. the harm caused by misconduct was laid bare in the landmark Royal Commission into the Banking, Superannuation and Financial Services Industry. This has shown us that we must continuously review and strengthen our enforcement frameworks to ensure early detection and strong deterrence of corporate wrongdoing.
The opaque and sophisticated nature of corporate crime can make it difficult to identify and easy to conceal through complicated structures and transactions. Investigations into corporate misconduct can be hampered by the need to process large amounts of complex data, including evidence that may be held overseas. Court proceedings can be protracted, expensive, and involve well-resourced corporate defendants.
The measures in the Bill seek to address these challenges and remove undue impediments to the successful investigation and prosecution of foreign bribery cases.
Foreign bribery is an inherently challenging crime to investigate. The OECD has reported that, across all parties to the OECD Anti-Bribery Convention, it takes an average of 7.3 years to conclude foreign bribery cases.
Under the current foreign bribery offence, the prosecution needs to show that both the bribe and the business advantage sought were 'not legitimately due'.
This presents challenges where bribes are concealed as legitimate payments (for instance, agent fees).
To address this, the Bill replaces this requirement with the concept of `improperly influencing' a foreign public official to better reflect the type of conduct involved in foreign bribery. The Bill also amends the definition of `foreign public official' to also include candidates for public office.
The Bill also broadens the scope of the foreign bribery offence to capture bribery conducted to obtain a personal advantage, not just business or abusiness advantage. This reflects law enforcement experience that bribes can include the bestowal of personal honours, the processing of visa requests, or in relation to reducing personal tax liability.
The Bill further removes the existing requirement that, for the offence to be established, the foreign public official be influenced in the exercise of their official duties. The Bill also clarifies that the offence does not require the accused to have had a specific business or advantage in mind, and that the business or advantage can be obtained for someone else.
Most significantly, the Bill creates a new offence for corporations of failing to prevent foreign bribery, which carries a maximum penalty of either $21 million, 10 per cent of annual turnover, or three times the benefit gained — whichever is greatest.
This measure holds companies directly liable for the foreign bribery activities of their employees, external contractors, agents and subsidiaries, unless the business can demonstrate
The United Kingdom has successfully used a similar offence to prosecute companies in several foreign bribery cases.
To support the introduction of this new offence, guidance material on what constitutes 'adequate procedures' to avoid criminal liability will be developed and published.
I am pleased that today we will also release draft guidance material for public consultation.
The draft Guidance is largely modelled on the UK Government's Guidance that accompanies the 'failure to prevent' offence under section 7 of the UK Bribery Act.
In preparing this guidance, the Government also had regard to existing guidance published by the Australian Trade Commission, the OECD and other international organisations.
This is intended to enable Australian companies that have already framed their anti-bribery policies on international guidelines to easily incorporate additional policies relevant to the Australian context.
Individuals and companies will have until the end of February next year to submit feedback and comments on the guidance. Further information about the consultation process will be provided on the Attorney-General's Department website.
The Bill will also implement a Commonwealth Deferred Prosecution Agreement (DPA) scheme.
The DPA scheme will bolster cooperation between law enforcement agencies and the business community to uncover and deal with corporate crime, and provide a new tool for holding offending corporations to account.
DPAs have been used to tackle corporate crime with significant success in both the United Kingdom and the United States.
Under the DPA scheme, the Commonwealth Director of Public Prosecutions will be able to invite corporations suspected of certain serious corporate criminal offences to negotiate an agreement to comply with a range of specified conditions. If the corporation fulfils its obligations under the DPA, it will not be prosecuted for the offences specified in the DPA.
Because the purpose of the DPA scheme is to tackle corporate crime, a DPA will only be available with respect to one or more of the serious corporate offences specified in the Bill such as foreign bribery, false accounting, dealing with proceeds of crime, money laundering and dishonest conduct offences and sanctions offences. These offences are often difficult to detect, investigate and prosecute.
Under the scheme, the Director of Public Prosecutions will have the discretion to extend a DPA to also apply to additional less serious offences that arise out of the same course of conduct, where it is appropriate to do so..
The scheme provides prosecutors with an additional option in cases where a company is actively cooperating with authorities.
A DPA will not be appropriate in all cases. The DPA scheme strikes a balance between encouraging corporations to self-report misconduct, and ensuring that a DPA does not represent a 'free pass' to corporations that have engaged in serious corporate crime.
The scheme offers corporations an opportunity to avoid some of the reputational and financial costs associated with lengthy investigation and trial processes, but will typically require a party to a DPA to admit to agreed facts, cooperate with any related investigation, pay a financial penalty and implement a compliance program.
Each DPA will be assessed and approved by a former judicial officer to ensure that the DPA is in the interests of justice and that its terms are fair, reasonable and proportionate.
The DPA scheme is a new and innovative approach to combatting corporate crime, and it is important to ensure that stakeholders understand the benefits of the scheme and can inform how it works in practice. As such, the Government will release guidance on the DPA scheme once these provisions are enacted, this guidance will incorporate input and feedback received from public consultations.
Finally, the Bill also makes technical amendments to update the definitions of dishonesty under the Criminal Code to ensure these are aligned with the test endorsed by the High Court in Peters v The Queen (1998).
The amendments in the Bill will strengthen Australia's implementation and enforcement of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and the United NationsConvention against Corruption. At the completion of Australia's Foreign Bribery Phase 4 evaluation in 2017, the OECD noted the major steps Australia had taken in enforcement. Introduction of this Bill will further enhance our enforcement efforts under the Anti-Bribery Convention.
The Government has taken significant steps in recent years to strengthen Australia's response to preventing, detecting and prosecuting foreign bribery and other forms of corporate crime.
In this year's Budget, the Government announced funding of $25.9 million over four years for the Australian Federal Police to strengthen its approach to countering and responding to foreign bribery.
This follows an additional $51.5 million allocated in November 2018 to the Commonwealth Director of Public Prosecutions and the Federal Court of Australia to enable further prosecutions of corporate crime following the Financial Services Royal Commission.
The Government also introduced measures in the Enhancing Whistleblower Protections Act 2019 to encourage stronger corporate compliance and strengthen protections for corporate sector whistleblowers who come forward to report on corporate corruption.
In April this year, the Government commissioned the Australian Law Reform Commission to undertake a comprehensive review of Australia's corporate criminal responsibility regime. It is essential that our laws are effective in holding corporations to account for criminal misconduct by their employees and agents.
The Combatting Corporate Crime Bill further demonstrates that the Government is committed to tackling corporate offending, and to protecting Australia from the corrosive effects of corporate crime.
AGRICULTURE LEGISLATION AMENDMENT (STREAMLINING ADMINISTRATION) BILL 2019
Australia's world-class biosecurity framework has ensured that our $60 billion agricultural industry, local communities and natural environment are protected from the incursion of pests and diseases.
The Agriculture Legislation Amendment (Streamlining Administration) Bill 2019 will assist the efficiency and effectiveness of our biosecurity system, by authorising automated decision making for decisions made by biosecurity officers under the Biosecurity Act 2015 and authorised officers under theImported Food Control Act 1992. This approach will support deregulation and improve the effectiveness of the biosecurity framework and imported food system.
Australia's biosecurity framework plays a critical role in reducing risk of incursions by pests and diseases. The Department of Agriculture currently processes on average 45,000 commercial cargo referrals and an increasing value of imported foods each month. Australia is currently operating in the peak season for the Brown Marmorated Stink Bug, or BMSB, which entails considerable administrative and manual effort by biosecurity staff and stakeholders, to prevent an incursion of this potentially devastating pest.
The Department is also dedicating intensive resources to prevent African Swine Fever Virus, or ASFV, from entering Australian borders. ASFV poses a significant biosecurity threat to
Australia as it is a highly contagious disease that spreads rapidly through domestic and wild pigs, killing up to 80 per cent of the pigs it infects. As of September 2019, ASFV had reached the shores of our near neighbour East Timor. Other high risk pests include the Khapra beetle and the continued threat posed by foot and mouth disease.
If we do not provide Australia's biosecurity framework with all possible tools to prevent the entry of such high risk pests and diseases, Australia's agricultural industry and world-leading reputation for biosecurity may be irreparably damaged.
This Bill clarifies the legislative basis for the Government to issue directions to importers and brokers arranging the entry of goods and imported food into Australia, through the use of computerised decision-making. Such automated decision making will enable the Government to maximise resources addressing critical risks, and ensure current and planned decision tools can be implemented as efficiently as possible, with minimal impacts on importers.
The Bill will provide the Secretary the power to determine, by legislative instrument, the types of decisions a computer program may make on behalf of a biosecurity officer or an authorised officer. This will allow the Government to adapt to developments in technology and account for future iterations of automated decision making systems. In this, the Bill will provide a platform for immediate and ongoing improvement in regulatory decision-making.
To take into account technical difficulties that may be experienced by computer systems, the Bill also enables a biosecurity officer or an authorised officer to substitute automated decisions where appropriate.
As the government enters the peak pre-Christmas season for cargo referred for inspection, including the increased inspection for ASFV and BMSB, optimising our operational efficiencies is critical. The operational environment of high volumes of goods and people entering Australia, and the potential for negative impact on Australia's agriculture, environment and economy if biosecurity risk or food safety is not effectively identified and managed, mean that it is necessary to provide automated decision-making. The Bill is therefore critical for Australia's biosecurity framework to operate efficiently and effectively for the health and safety of all Australians.
WINE AUSTRALIA AMENDMENT (LABEL DIRECTORY) BILL 2019
Australia is well regarded for our top quality agricultural produce, fine food and wine which makes our exports highly valued by consumers overseas. For wine, the good name of our wine brands is particularly important for showcasing the range of wines we have on offer and building trust with consumers.
Australia is the sixth largest wine producer in the world, and the fifth largest wine exporter. We currently export two thirds of Australian wine produced, adding $2.89 billion to the economy per year. This growth brings enormous benefits to Australian winemaking and growing regions, but it also brings with it the risk that some may seek to unfairly profit off the reputation of others and undermine the integrity of the sector as a whole.
Our robust wine export controls ensure consumers can be confident that they will not only be getting a safe and quality product, but that what the bottle says they are going to get, is what they're getting.
With the Wine Australia Amendment (Label Directory) Bill 2019 we are adding one more tool to Wine Australia's export controls toolkit. The Bill allows Wine Australia to establish the Wine Export Label Directory, a public-facing online database of all Australian wine labels for export.
The Australian wine industry asked for a Label Directory to strengthen the wine export regulatory system administered by Wine Australia to prevent the export of copycat labelled wines, and we are delivering it. While Wine Australia's role does not extend to protection of intellectual property rights, this Bill will better facilitate wine brand owners to protect their own interests.
With our steady growing, high volume and high value wine exports it is no longer a simple case of walking into a liquor store or visiting a key distributor or retailer overseas to ensure copycat labels haven't entered the market. The Label Directory is a simple, modern equivalent.
The Label Directory will allow brand owners to search the database to easily see whether other labels may be seeking to trade off of their intellectual property so they can undertake appropriate civil action against copycat exporters through the Australian legal system. While it is up to them to sort out whether copyright infringement has occurred, we are sending a clear message that trying to take advantage of the reputation of Australian brands is not on.
The Bill will also enable Wine Australia to take into account the behaviour of wine exporters using the Label Directory, in administering licences to export grape products. So when exporters are trying to take advantage of the good name of Australian brands, or are using untruthful or non-compliant labels, Wine Australia can suspend or cancel their licence to export.
The continuing success of Australian wine exports depends on the maintenance of our internationally recognised reputation for quality and integrity that is supported by Wine Australia's regulatory activities. The establishment of the Label Directory by this Bill will better equip Wine Australia to respond to the risks that come with growth in reputation and value overseas, and enable the Australian wine industry to more easily protect themselves.
That the Senate—
(a) notes with deep concern the findings of the:
(i) Charles Sturt University's report Islamophobia in Australia 2019, which shows:
(A) between 2016 and 2017, 349 incidents of anti-Muslim racism reported to the lslamophobia register,
(B) severe attacks requiring hospitalisation more than doubled from 2% to 5%,
(C) most incidents of racism towards Muslims involve the targeting of women – 72% of the victims of lslamophobia were women, and almost all were wearing a hijab or scarf at the time of the incident,
(D) attacks in public areas have become more common, with harassment of Muslims in public areas in the presence of security officers and CCTV jumping by 30%,
(E) the second most common place for harassment was schools and universities, with incident reports outlining racist slurs from other students, teachers, principals and sports coaches, and
(F) insults targeting Muslims' religious appearance and religion were the highest at 67% of all reported incidents, and
(ii) All Together Now 2019 study which analysed 281 media pieces from the most popular newspapers and television shows over a 12-month period, which show:
(A) racialised identities most often discussed negatively in media included Muslim Australians, Aboriginal and Torres Strait Islanders and African Australians,
(B) Muslim Australians were the most frequently targeted, with 63 of the 281 pieces discussing Muslims specifically,
(C) Muslim women are most often targeted by negatively racialised social commentary, with perpetrators primarily being mainstream newspapers, and
(D) social commentators expressed racist views in both overt and covert ways, such as dog-whistling, decontextualisation and irony;
(b) denounces lslamophobia in all its forms;
(c) condemns lslamophobia in public debate and in the media; and
(d) calls on the Federal Government to show leadership at the national level to stop the spread of lslamophobia.
That the Senate—
(a) notes the devastation recent bushfires have inflicted on communities across New South Wales and Queensland;
(b) commends the NSW Rural Fire Service, Fire and Rescue NSW, the Queensland Rural Fire Service and Queensland Fire and Emergency Services for their professionalism and dedication to protecting life and property in their communities; and
(c) acknowledges the 103 Western Australian Department of Fire and Emergency Services and Department of Biodiversity, Conservation and Attractions specialist personnel who were deployed to New South Wales and Queensland to assist in a variety of incident management roles, including aerial suppression, ground support, planning, logistics and operations.
That the Senate—
(a) notes that:
(i) 1 December 2019 is World AIDS Day, an annual day to acknowledge those we have lost to AIDS-related conditions and those who are living with HIV,
(ii) the theme for World AIDS Day 2019 is 'Every Journey Counts',
(iii) stigma associated with HIV acts as a barrier to treatment and prevention,
(iv) action, as outlined for implementation in the Eighth National HIV Strategy, is needed to address rising HIV transmission among First Nations, trans and gender diverse people, and other emerging high-risk population groups,
(v) while there has been a decrease in new transmissions, gay and bisexual men continue to bear the burden of Australia's HIV epidemic, and ongoing health education and awareness among this population group is needed,
(vi) ongoing bipartisan political action and leadership is required to meet our national target of ending HIV transmission in Australia, and
(vii) the priority areas for action in the Eighth National HIV Strategy include:
(A) education and prevention,
(B) testing, treatment and management,
(C) equitable access to and coordination of care,
(D) workforce,
(E) addressing stigma and creating an enabling environment, and
(F) data, surveillance, research and evaluation; and
(b) recognises and acknowledges:
(i) the journey that people have made through their diagnosis, treatment and experiences of living with HIV,
(ii) the tremendous efforts of peer educators, healthcare professionals, researchers and scientists in developing treatment and prevention regimes that have improved the lives of people living with HIV, and prevented a generalised epidemic in Australia, and
(iii) the tireless community advocates, civil society organisations and support groups that actively tackle stigma associated with HIV.
That the Senate—
(a) notes that the November 2019 Rental Affordability Index Report found that:
(i) a single person on Newstart needs to pay over 77% of their income on rent to live in any capital city area,
(ii) 43% of low-income households are currently in housing stress, compared to 35% in 2008,
(iii) rents for a single person on Newstart are severely to extremely unaffordable across all states, in both metropolitan and regional areas, and
(iv) rental stress pushes single people on Newstart to the outer fringes of our cities making it harder to access employment and training; and
(b) calls on the Federal Government to:
(i) immediately increase Newstart and Youth Allowance to allow people in our community to have dignity of choice, and
(ii) immediately address housing stress experienced by people on low incomes across Australia.
That the Senate—
(a) notes that:
(i) on 25 November 2019, Mr Brad Duxbury was tragically killed at the Carborough Downs mine site at Coppabella, Queensland,
(ii) Mr Duxbury's death is the fifth fatality on a Queensland mine site in the past 12 months,
(iii) there have also been more than 100 confirmed cases of mine-dust–related diseases in Queensland, and
(iv) nationally, Safe Work Australia's report, Work-related Traumatic Injury Fatalities , states that 9 mine fatalities were recorded in 2018; and
(b) calls on the Federal Government to:
(i) recognise that people have the right to a safe workplace free from occupational hazards,
(ii) implement the recommendations contained in the report of the Education and Employment References Committee, tabled on 17 October 2018, on its inquiry into industrial deaths in Australia entitled, They never came home – The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia , and
(iii) work with Safe Work Australia and all state and territory governments to implement a nationally-consistent industrial manslaughter offence into the model workplace health and safety laws.
That the Senate—
(a) notes that:
(i) fires have ravaged Australia before the start of summer with more than 1,650,000 hectares of land, including koala habitat, burned in New South Wales,
(ii) between 350 and 1000 koalas have been found dead so far on the North and Mid-North coast of New South Wales, and
(iii) koalas are listed as a vulnerable species under the Environmental Protection and Biodiversity Act 1999 ; and
(b) calls on the Commonwealth Government to more effectively plan for koala and animal welfare in natural disaster responses.
That the Senate orders that there be laid on the table by the Minister representing the Minister for Energy and Emissions Reductions, on 4 December 2019, the corporate emissions and energy data of Amazon Corporate Services Pty Ltd for 2017-18, which was requested to be withheld under section 25 of the National Greenhouse and Energy Reporting Act 2007 .
That the Senate—
(a) notes that:
(i) each year the Harvard University Growth Lab produces the world Atlas of Economic Complexity,
(ii) the Atlas of Economic Complexity tracks an Economic Complexity Index (ECI) for 133 countries which analyses each country's growth prospects where the diversity and complexity of existing capabilities is a strong indicator of future growth prospects,
(iii) since 2011, Australia's relative ECI ranking has fallen from 79 to 93, driven principally by a lack of diversification of exports,
(iv) since 2011, among 133 countries, Australia has suffered the third largest decline in its relative ECI ranking, better than Armenia and Zimbabwe but worse than Cuba, Zambia and Venezuela, and
(v) on the basis of Australia's lack of diverse and complex industrial production at scale, particularly in its traded goods sector and reflected in its ECI, the Harvard Growth Lab and the Center for International Development forecast that Australia's future economic growth will be a mere 2.17% a year for the next decade, which is in the bottom quintile of world growth forecasts; and
(b) calls on the Federal Government to turn its attention to focussing Australia's industry support policy settings on increasing the complexity, diversity and value-adding capabilities of the Australian economy, with a particular emphasis on complex product exports high up the value chain.
That the Senate—
(a) notes that:
(i) the Department of Home Affairs employs over 135 dedicated and hardworking Western Australians to process visa applications,
(ii) this is crucial work that ensures the integrity of our visa processing system and is the cornerstone of our sovereignty as a nation,
(iii) the Federal Government's plan to privatise Australia's visa system threatens the livelihoods of over 135 Western Australians and their families, and
(iv) privatising Australia's visa system will lead to increased costs of visas, greater risks of worker exploitation, data security breaches and will make protecting national security more difficult;
(b) condemns the Federal Government for auctioning Australian jobs off to the highest bidder, and for undermining the integrity of our visa processing system and our nation's sovereignty; and
(c) calls on the Federal Government to guarantee the protection of these 136 jobs in Western Australia, and the 2000 jobs across Australia, which will be lost under the Morrison Government if they persist with their efforts to privatise Australia's visa system.
That the Senate—
(a) notes that:
(i) in the past 18 months, there have been seven workplace deaths in the mining sector in Queensland,
(ii) every worker has the right to a safe work environment, and
(iii) the Queensland Government is taking action on industrial manslaughter laws to cover acts and omissions involving negligence in the mining sector;
(b) offers our condolences to the Australians who have lost loved ones and workmates who should have come home safely from work; and
(c) supports the Queensland Government's action to expand industrial manslaughter laws to protect the safety of workers in the mining sector.
That the Senate—
(a) notes with deep concern that:
(i) the 2019 report on anti-Semitism in Australia, published by the Executive Council of Australian Jewry, found a 30% year-on-year increase in reported incidents of anti-Semitic verbal abuse, harassment and intimidation,
(ii) the rise in anti-Semitic and Nazi sentiment is seen even more clearly online, especially on sites used by the far-right, white supremacists, Nazis and other racists, and
(iii) racism, more broadly, is on the rise in Australia, being fed by irresponsible sections of the media and extremist politics; and
(b) urges the Australian Government to introduce an Australian Charter of Rights, recognising that we are the only western democracy that does not protect the basic rights and freedoms of its people in either legislation or the Constitution.
The Senate divided. [15:58]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes that:
(i) Norwegian oil giant, Equinor, plans to drill for oil in the pristine ocean environment of the Great Australian Bight,
(ii) the majority of Australians oppose the plan, recognising that there is no safe way to drill for oil in the remote, rough seas of the Bight and it is not worth the environmental or economic risks, and three out of four South Australians stated in an Advertiser survey, released on 22 November 2019, they would not support it even if it would drive down their fuel prices,
(iii) on 23 November 2019, a National Day of Action was held to Fight for the Bight, which saw more than 10,000 people attend more than 50 events across the country from Exmouth, Western Australia, to Townsville, Queensland, and on some of Australia's most iconic beaches, including Bondi, Manly, Bells Beach, Byron Bay, Margaret River and Currumbin, and
(iv) according to the most recent polling from The Australia Institute, Australians want to see the Great Australian Bight protected, and more than four in five South Australians (84%) support World Heritage protection for the Bight; and
(b) calls on the Federal Government to:
(i) back the calls of the majority of Australians and tell Equinor that they are not welcome here, and
(ii) protect the Great Australian Bight by listing it as a World Heritage site.
The Senate divided. [16:05]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes that:
(i) Asset Energy and their project partners are planning to conduct further seismic testing for gas off the coast of Newcastle and the Central Coast in New South Wales,
(ii) the Environmental Plan for the seismic testing is currently being developed and, once submitted, the community will have only 28 days to respond to the regulator, and
(iii) the community is concerned that the Environmental Plan may be lodged with the National Offshore Petroleum Safety and Environmental Management Authority (NOPSEMA) during the holiday period, limiting opportunities for genuine community consultation and feedback; and
(b) calls on NOPSEMA to:
(i) ensure that if any Environmental Plan is exhibited for community consultation during December 2019 or January 2020, that the community consultation period is extended to at least 60 days, and
(ii) conduct extensive public hearings in the affected communities of the Central Coast, Northern Beaches and Newcastle, and to advertise the hearings extensively in local media.
The Senate divided. [16:11]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes that:
(i) in August 2019, the Institute of Energy Economics and Financial Analysis (IEEFA) released a briefing note concluding that the Adani Group would receive over $4.4 billion in public subsidies from the Australian and Queensland Governments over the 30-year project life of the Carmichael thermal coal mine, including:
(A) a royalties holiday deal with the Queensland government, the details of which are due to be announced by 30 November 2019,
(B) fuel tax credits, which IEEFA estimates equate to $2.4 billion over the 30-year life of the project,
(C) billions of litres of water, and
(D) various corporate tax breaks, and
(ii) the IEEFA conclude that the Adani Carmichael thermal coal mine project would not open nor survive without billions of dollars in subsidies; and
(b) calls on the Federal Government to:
(i) recognise that the Adani Carmichael mine would not be viable without significant taxpayer support, and
(ii) withdraw its subsidised support of the project.
The Senate divided. [16:17]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes that:
(i) the Department of Home Affairs employs over 125 dedicated and hardworking Victorians to process visa applications,
(ii) this is crucial work that ensures the integrity of our visa processing system and is the cornerstone of our sovereignty as a nation,
(iii) the Federal Government's plan to privatise Australia's visa system threatens the livelihoods of over 125 Victorians and their families, and
(iv) privatising Australia's visa system will lead to increased costs of visas, greater risks of worker exploitation, data security breaches and will make protecting national security more difficult;
(b) condemns the Federal Government for auctioning Australian jobs off to the highest bidder, and for undermining the integrity of our visa processing system and our nation's sovereignty; and
(c) calls on the Federal Government to guarantee the protection of these 128 jobs in Victoria, and the 2000 jobs across Australia, which will be lost under the Morrison Government if they persist with their efforts to privatise Australia's visa system.
(1) That the Senate requires the Minister representing the Prime Minister to attend the Senate at 12 noon on 3 December 2019 to table the following documents:
(a) a transcript of the phone call between the Prime Minister and the Commissioner of the New South Wales Police Force that took place on Tuesday, 26 November 2019;
(b) any notes taken by the Prime Minister, by his office or by officials during the call;
(c) any briefings prepared for the Prime Minister by his Department or office, for the purposes of the phone call; and
(d) any advice provided to the Prime Minister about the appropriateness of making the call.
(2) That following presentation of the documents, or in the event the Minister fails to table the documents, at 12 noon on 3 December 2019, any senator may move to take note of the response to paragraph (1).
(3) That any motion under paragraph (2) may be debated for no longer than 60 minutes, shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes.
The Senate divided. [16:25]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes that:
(i) 2 December 2019 marks ten years since the Senate failed to pass legislation for a comprehensive economy-wide climate change policy, the Rudd Labor Government's Carbon Pollution Reduction Scheme (CPRS),
(ii) implementation of the CPRS would have resulted in Australia's greenhouse gas emissions being between 27 and 81 million tonnes lower in 2020 than currently projected, would have delivered additional cumulative abatement of between 63 and 218 million tonnes over the last 10 years, and would have placed Australian emissions on a sustained and long-term downward trajectory,
(iii) in addition to Labor senators, the CPRS bills were supported by Liberal Senators Boyce and Troeth,
(iv) despite the constructive negotiations engaged in by Mr Turnbull and Mr Macfarlane, the Liberals and the Nationals opposed the bills under the leadership of Mr Abbott, and
(v) the Australian Greens joined with the Liberals and the Nationals, and also opposed the CPRS, guaranteeing its defeat;
(b) recognises the decision by the Liberals, the Nationals and the Australian Greens to join together to oppose the CPRS precipitated:
(i) a breakdown in consensus on policy in Australia to address the challenges of climate change, and
(ii) a decade of policy instability preventing necessary investment in energy infrastructure leading to increases in energy prices and increased emissions; and
(c) calls on all parties to end the political opportunism and work together to agree an enduring solution to the challenges of climate change.
The Senate divided. [16:36]
(The Deputy President—Senator Lines)
Pursuant to standing order 75, I propose that the following matter of urgency be submitted to the Senate for discussion:
That the Senate:
(1) notes:
(a) Monday 2 December 2019 marks ten years since the Senate failed to pass legislation for a comprehensive economy wide climate change policy, the Rudd Labor government's Carbon Pollution Reduction Scheme (CPRS);
(b) that implementation of the CPRS would have resulted in Australia's greenhouse gas emissions being between 27 and 81 million tonnes lower in 2020 than currently projected, would have delivered additional cumulative abatement of between 63 and 218 million tonnes over the last 10 years, and would have placed Australian emissions on a sustained and long term downward trajectory;
(c) in addition to Labor senators, the Carbon Pollution Reduction Scheme bills were supported by Liberal senators Sue Boyce and Judith Troeth;
(d) despite the constructive negotiations engaged in by Mr Malcolm Turnbull and Mr Ian Macfarlane, the Liberals and Nationals opposed the bills under the leadership of Mr Tony Abbott;
(e) the Australian Greens joined with the Liberals and Nationals and also opposed the Carbon Pollution Reduction Scheme, guaranteeing its defeat;
(2) recognises the decision by the Liberals and Nationals and the Australian Greens to join together and oppose the Carbon Pollution Reduction Scheme precipitated:
(a) a breakdown in consensus on policy in Australia to address the challenges of climate change;
(b) a decade of policy instability preventing necessary investment in energy infrastructure leading to increases in energy prices and increased emissions; and
(3) calls on all parties to end the political opportunism and work together to agree an enduring solution to the challenges of climate change.
That the Senate:
(1) notes:
(a) Monday 2 December 2019 marks ten years since the Senate failed to pass legislation for a comprehensive economy wide climate change policy, the Rudd Labor government's Carbon Pollution Reduction Scheme (CPRS);
(b) that implementation of the CPRS would have resulted in Australia's greenhouse gas emissions being between 27 and 81 million tonnes lower in 2020 than currently projected, would have delivered additional cumulative abatement of between 63 and 218 million tonnes over the last 10 years, and would have placed Australian emissions on a sustained and long term downward trajectory;
(c) in addition to Labor senators, the Carbon Pollution Reduction Scheme bills were supported by Liberal senators Sue Boyce and Judith Troeth;
(d) despite the constructive negotiations engaged in by Mr Malcolm Turnbull and Mr Ian Macfarlane, the Liberals and Nationals opposed the bills under the leadership of Mr Tony Abbott;
(e) the Australian Greens joined with the Liberals and Nationals and also opposed the Carbon Pollution Reduction Scheme, guaranteeing its defeat;
(2) recognises the decision by the Liberals and Nationals and the Australian Greens to join together and oppose the Carbon Pollution Reduction Scheme precipitated:
(a) a breakdown in consensus on policy in Australia to address the challenges of climate change;
(b) a decade of policy instability preventing necessary investment in energy infrastructure leading to increases in energy prices and increased emissions; and
(3) calls on all parties to end the political opportunism and work together to agree an enduring solution to the challenges of climate change.
The Coalition and the Greens bear a heavy responsibility for the fact that, a decade later, Australia still does not have an effective policy to tackle climate change by reducing emissions.
Aside from the deaths and suffering wrought by the disaster, it was the callous, cynical politicking of climate change activists, especially Greens MP Adam Bandt, party leader Richard Di Natale and West Australian senator Jordon Steele-John, that has left a bitter aftertaste. Their blaming Scott Morrison and his team for the loss of lives dragged politics to a repulsive low. It is time for a dose of icy water.
Climate change did not cause the fires. Drought and even deadlier blazes have been part of Australian life for more than a century. Climate change, many scientists argue, intensifies the dangers. But even if Australians eliminated all of the nation's greenhouse gases (about 1.3 per cent of the global total) and pandered to extremists who wanted meat consumption, grazing and flying reduced markedly, virtually nothing would be achieved. Mitigation must be global. And global emissions are rising, significantly.
Between July 2012 and June 2014 there was a period of relative stability and declining wholesale electricity prices in the NEM as a result of the repeal of the carbon price arrangements.
… calls on all parties to end the political opportunism and work together to agree an enduring solution to the challenges of climate change.
… Labor needs to reach a sensible settlement on climate change. How many times are we going to let it kill us? Indeed, how many Leaders do we want to lose to it?
Australia is responsible for around 1.3 percent of global emissions, nothing we can do alone can have a meaningful impact. But act we must … as a wealthy nation…
But what would be the outcome if Labor offered a political and policy settlement to make 28 percent the target by 2030? The focus would then be all about actual outcomes, and the Government would finally be held to account and forced to act.
A political settlement would also restore investment confidence and for the first time in six years, we could have some downward pressure on energy prices.
Based on recent history, 28 percent would be a meaningful achievement, certainly a better outcome than the one Labor's last climate policy is now achieving.
The Senate divided. [17:45]
(The President—Senator Ryan)
That Senate take note of the document.
That the Senate take note of the document.
Entities should regularly monitor and analyse the complaints they receive in order to understand any trends or systemic issues that may be occurring …
That the Senate take note of the document.
Strong growth in emissions from stationary energy and fugitive emissions were offset by the combination of the ongoing reduction in emissions from electricity and the effects of the drought on agriculture.
Health Legislation Amendment (Data-matching and Other Matters) Bill 2019
Social Security (Administration) Amendment (Income Management to Cashless Debit Card Transition) Bill 2019
Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill 2019
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
Health Legislation Amendment (Data-matching and Other Matters) Bill 2019
The Health Legislation Amendment (Data-matching and Other Matters) Bill 2019 amends the National Health Act 1953, the Health Insurance Act 1973, the Privacy Act 1988, the Private Health Insurance Act 2007, the Therapeutic Goods Act 1989 and the Military Rehabilitation and Compensation Act 2004 to support the integrity of Medicare through data-matching for Medicare compliance and related purposes, while maintaining strong privacy and data protection provisions.
The overwhelming majority of healthcare providers claim Medicare Benefits Schedule (MBS), Pharmaceutical Benefits Scheme (PBS) and Child Dental Benefits appropriately.
Unfortunately, we know that a very small proportion do not.
It is entirely reasonable for Australians to expect that the government has appropriate systems in place to detect instances of Medicare non-compliance and treatment pathways proportionate to the type of non-compliance detected. This will ensure that every taxpayer dollar of our precious healthcare spend is directed to clinically necessary services for Australians.
While the Commonwealth has sophisticated detection techniques at its disposal, current legislative restrictions are impairing the effective and efficient detection of some cases of Medicare fraud and non-compliance.
Healthcare services provided through Medicare and the Department of Veterans' Affairs were funded by taxpayers to the tune of over $36 billion in 2017-18. The integrity of these programs must be ensured so that Australians can continue to access high quality, effective health treatments. Every dollar wasted by fraud is a dollar that the government cannot invest in cutting edge new treatments, like CAR-T therapies for people with blood cancer.
The bill will permit data-matching across the MBS and PBS for Medicare compliance purposes. This will enable, for example, the identification of instances where the Commonwealth pays for a PBS medicine that is not actually supplied.
The bill also provides for data-matching between the Department of Health and the Australian Health Practitioner Regulation Agency to ensure that restrictions placed on registered healthcare providers by their professional board are adhered to in Medicare claiming.
It would also allow for therapeutic goods information to be used by the Department of Health to help ensure Medicare claims in relation to unapproved medical devices are appropriate.
Healthcare providers claiming Medicare services for general patients may also claim for services delivered to patients under Department of Veterans' Affairs programs.
The bill supports matching of data from Medicare and the Department of Veterans' Affairs to ensure that services provided under both programs are considered for the purposes of the prescribed pattern of services, where exceeding a certain number of services on a certain number of days may be considered inappropriate practice.
Data‑matching with records held by the Department of Home Affairs that indicate whether a person is overseas will allow confirmation that both the healthcare provider and patient were in Australia at the time of their claimed services. Believe it or not, we have actually found instances of fraudulent Medicare billing where either the doctor or the patient for a service billed to Medicare was actually out of the country when the service was supposed to have been provided.
The bill also allows private health insurers to voluntarily share information with the Department of Health for the purposes of detecting fraud and recovering incorrect payments. The bill will not allow the government to share any patient information collected by the government with private health insurers.
While data-matching permitted by the bill will enhance my department's ability to detect Medicare fraud and non-compliance, it will not expand its existing compliance powers. Nor will it change the approach taken by the department in conducting its compliance activities which are designed to be proportionate to the type of non-compliance detected.
The department will continue to engage and consult with professional bodies and other stakeholder groups on its compliance strategies and activities, as well as provide education support resources for health professionals.
Importantly, departmental officers will continue to follow prescribed and legislated processes when undertaking Medicare compliance, with procedural fairness and review rights for health professionals retained. The bill does not support automation of the department's compliance activities and outcomes, or the raising and collection of debts.
The government acknowledges the importance of protecting an individual's privacy and the trust placed in the government by Australians to manage their health data appropriately. Protecting the privacy of an individual's health and other data is central to this bill.
As Minister for Health, I will be required to put in place governance arrangements for data-matching for Medicare compliance purposes through a legislative instrument that prescribes how information for data‑matching will be handled. The legislative instrument will ensure that the use, storage, access and handling of data protects privacy.
In conclusion, I consider that this bill strikes the right balance by facilitating the important public policy objective of protecting the integrity of our taxpayer-funded health system, while enshrining strong principles to protect the privacy and security of personal health data.
I would like to extend my thanks to all of the healthcare professional groups that have engaged in the design of this bill, providing constructive input and feedback over the past 18 months. This included the Australian Medical Association, the Royal Australian College of General Practitioners and the Pharmacy Guild of Australia.
Social Security (Administration) Amendment (Income Management to Cashless Debit Card Transition) Bill 2019
Today I rise to speak on a bill that continues our commitment to improve our welfare system and deliver a real difference to the lives of all Australians.
This bill, the Social Security (Administration) Amendment (Income Management to Cashless Debit Card Transition) Bill 2019, provides for the transition of income management participants across the Northern Territory and Cape York region to the cashless debit card.
The bill also allows for the extension of the cashless debit card across all four current trial sites for an additional year until 30 June 2021.
The cashless debit card program is delivering significant benefits for the communities where it currently operates. The program has the objective of reducing immediate hardship and deprivation, reducing violence and harm, encouraging socially responsible behaviour, and reducing the likelihood that welfare recipients will remain on welfare and out of the workforce for extended periods.
The program is showing positive results.
The baseline report into the Goldfields trial site found decreases in drug and alcohol issues, decreases in crime and antisocial behaviour, improvements in child health and wellbeing, improved financial management and ongoing—and even strengthened—community support.
The bill will see welfare recipients in the Northern Territory and Cape York region transition from income management to the cashless debit card. Currently, these participants hold a BasicsCard, a card which directs welfare expenditure towards priority needs.
The government recognises that the BasicsCard, while effective, can restrict an individual's ability of choice. Currently, the BasicsCard only works in around 19,000 stores that have signed a merchant agreement with my department, the Department of Human Services.
In comparison, the cashless debit card works everywhere except when individuals try to purchase alcohol, gambling products and some gift cards, and to withdraw cash—around 900,000 stores. The cashless debit card provides income management participants with greater consumer choice and autonomy while reducing red tape for businesses.
While the government recognises the effectiveness the BasicsCard has had on the communities in which it has operated, it is time to provide income management participants in the Northern Territory and Cape York region with the opportunities that the cashless debit card brings.
The government recognises that we must continue to work in partnership with communities, stakeholders and most importantly participants to support the transition to the cashless debit card.
Therefore, this bill outlines that the transition will occur slowly over a nine-month period, from 1 April 2020. This will allow the transition to occur community by community, and the Department of Social Services, together with the Department of Human Services, will work with communities and individuals to provide support for the transition every step of the way.
We will work with communities to ensure each and every participant transitions from the BasicsCard to the cashless debit card as smoothly as possible. And we have allocated approximately $17.5 million to support participants in the transition.
The government also recognises that this transition will affect a large number of Indigenous Australians across both the Northern Territory and the Cape York region. We will work with these Indigenous communities and individuals to ensure that resources will be available in a range of local Indigenous languages and there will be access to interpreters as required.
I thank the Senate Community Affairs Legislation Committee for its report on the bill. The committee published the report on 7 November 2019, and recommends that the bill be passed, subject to clarification of the ministerial power to vary the restriction rate of a community. The committee is satisfied that the bill and the high level of engagement undertaken by the Department of Social Services will ensure a successful transition to the cashless debit card in the Northern Territory and Cape York region.
The government acknowledges the feedback and recommendations provided by the Committee, as well as the dissenting reports published by the Labor Party and the Australian Greens.
The ministerial power to vary the restriction rate of a community in the Northern Territory. This was originally included in the bill to replicate a power that was introduced by Labor in 2010 and currently exists under income management. Hearing criticism from Labor about a power they introduced is another example of Labor's backflipping and inconsistency. In response to feedback from the Committee, the government has amended Labor's 2010 powers and reduced the scope of the ministerial power to vary the restriction rate to a maximum of 80 per cent, in line with other Cashless Debit Card sites.
In addition, the government has amended the bill to exclude age pension recipients everywhere except Cape York from becoming compulsory cashless debit card participants.
The cashless debit card is a community driven, bottom-up approach to tackling long-term welfare dependency, social harm and welfare-funded drug and alcohol abuse.
We must continue to support communities that put their hand up and drive positive change and improved outcomes for vulnerable individuals within those communities.
This bill does exactly that.
The government remains committed to the continuation of the cashless debit card to provide a strong social welfare safety net through reducing social harm in areas with high levels of welfare dependency and supporting vulnerable people, families and communities.
I commend the bill to the Senate.
Treasury Laws Amendment (Recovering Unpaid Superannuation) Bill 2019
The coalition government has introduced a new era of superannuation guarantee enforcement.
In the last parliament, the government passed a robust package of legislation to ensure employers can no longer hide from their obligations to pay employees their full superannuation entitlements. Those laws give the Australian Taxation Office the tools it needs to detect future non‑compliance and punish employers appropriately, including with criminal sanctions in the most egregious cases.
New visibility into payment of superannuation guarantee combined with serious financial and legal consequences for non-compliance will all but eliminate future non-payment.
But we know that historical non‑compliance has been significant. Last year the Australian Taxation Office found that, while 95 per cent of superannuation guarantee obligations are paid in full, in 2015-16, around $2.8 billion went unpaid.
Some superannuation guarantee underpayment is malicious on the part of dodgy employers. However, some is inadvertent, or is a result of poor payment systems, often in stressed small business employers. Regardless of the motivation, in all cases, it's the employees who miss out.
Reuniting as many workers as possible with the superannuation that is rightly theirs must be the priority.
With this objective in mind, this bill introduces a one‑off amnesty to employers who come forward and do the right thing by their employees by rectifying historical non‑compliance with their superannuation guarantee obligations. The amnesty complements our Superannuation Guarantee Integrity reforms which we passed earlier this year.
To qualify for the amnesty, employers will have meet two criteria: they must come forward voluntarily, without direct prompting from the Australian Taxation Office; and they will have to pay all of their employees' entitlements.
Reuniting workers with their superannuation is the priority.
We want employers to bring these underpayments out into the open and pay them off as soon as possible so that their employees can receive the super they are entitled to.
The bill offers both a carrot and a stick to encourage non-complying employers to come forward.
Importantly, the bill does not reduce employees' entitlements by one cent. Everything that an employer owes to its employees must still be paid, paid immediately, and paid in full.
Rather, the bill removes the penalties and fees paid to the Commonwealth that might otherwise apply to historical superannuation guarantee non-compliance by employers that are eligible for the amnesty.
Employers who do the right thing and come forward during the amnesty period will also be able to claim tax deductions for payments made under the amnesty, which is the same outcome as if they had paid on time.
Those are the carrots.
The stick will be reserved for employers that could come forward during the amnesty period, but choose not to do so and are subsequently caught by the Australia Taxation Office. Their failure to come forward will generally result in the imposition of a minimum 100 per cent penalty on the employer, on top of the other penalties and charges that are ordinarily associated with late payment of superannuation guarantee obligations.
Of course, throughout the amnesty period, the Australian Taxation Office will still continue its usual enforcement activity against employers for any historical non-compliance that they don't own up to voluntarily.
The laws we passed earlier this year, combined with near real‑time reporting ensures that the Australian Taxation Office now has much greater visibility of when superannuation is not paid.
The amnesty period runs from 24 May 2018, to six months after the day this bill receives Royal Assent and applies to any historical superannuation guarantee debts up to and including the March quarter of 2018.
Full details of the measure are contained in the explanatory memorandum.
Defence Service Homes Amendment Bill 2019
National Disability Insurance Scheme Amendment (Streamlined Governance) Bill 2019
That the Senate agrees to the amendments made by the House of Representatives.
Education Legislation Amendment (2019 Measures No. 1) Bill 2019
Farm Household Support Amendment (Relief Measures) Bill (No. 1) 2019
Medical and Midwife Indemnity Legislation Amendment Bill 2019
National Health Amendment (Safety Net Thresholds) Bill 2019
Treasury Laws Amendment (International Tax Agreements) Bill 2019
Migration Amendment (Repairing Medical Transfers) Bill 2019
The IHP was reasonably confident that acute inpatient mental health treatment can be provided at PHI—
Whilst there is no explicit provision governing the return of this particular cohort as a matter of technical and legal requirements, as a matter of normal statutory interpretation the general removal provisions in the Migration Act would operate in relation to this cohort.
People who need medical services are going to be displaced from those services, because if you bring hundreds and hundreds of people from Nauru and Manus down to our country, they are going to go into the health network, let's be frank about it.
I don't want to see Australians who are in waiting lines at public hospitals kicked off those waiting lines because people from Nauru and Manus are now going to access those health services.
People who need medical services are going to be displaced from those services, because if you bring hundreds and hundreds of people from Nauru and Manus down to our country, they are going to go into the health network—
… people of bad character can come, are able to come and, in fact, are required to come under Labor’s laws that they passed. That’s the reality.
I'm saying there are some—there are some 'people of bad character' who have come to our country.
Someone who's a paedophile, who's a rapist, who has committed murder—any of these other crimes—can just be moved on the say-so of a couple of doctors on Skype.
As a clinician, often those clinical files are heartbreaking to read because you see the recommendations of the doctors over and over again—that this patient requires transfer to an appropriate facility for a specialist procedure or test—from 2015.
We know exactly who they are. They have been on Nauru or Manus for over three years and the only reason we cannot let them into Australia is because of our commitment to not allow people to come by boat. Otherwise we would have let them in. If they had arrived by airplane and with a tourist visa then they would be here.
… has long demonstrated by its conduct that it pays but little regard to compliance with the law and indeed has repeatedly sought to place itself above the law.
The CFMEU is to be regarded as a recidivist offender.
It is difficult, if not impossible, to envisage any worse conduct than that pursued by the CFMEU.