The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
Social Services and Other Legislation Amendment (Simplifying Income Reporting and Other Measures) Bill 2020
(1) Schedule 1, item 37, page 10 (after line 32), after subsection 1073BA(2), insert:
(2A) For the purposes of subsection (2), when determining such period a person is taken to have received employment income over, the Secretary must consider the following:
(a) the nature of the person's remunerative work;
(b) the nature of the person's employment income, including the matters in subsections 8(1A)‑(1C);
(c) any hardship which may be caused to the person by attributing employment income over such period;
(d) whether the employment income relates to remunerative work that was undertaken at a time when the person was not receiving a social security pension or a social security benefit.
The committee divided. [09:45]
(The Chair—Senator Lines)
(1) Schedule 1, item 37, page 10 (after line 32), at the end of subsection 1073BA(2), add:
Note 1: When determining the period, the Secretary might take in to consideration the following:
(a) the nature of the person's remunerative work;
(b) the nature of the person's employment income;
(c) the person's financial interests;
(d) any financial hardship which may be caused to the person;
(e) whether the employment income relates to remunerative work that was undertaken at a time when the person was not receiving a social security pension or a social security benefit.
Note 2: The period determined by the Secretary should be fair and reasonably beneficial, taking into account the financial interests of the person receiving the social security pension or social security benefit.
(1) Page 31 (after line 16), at the end of the Bill, add:
Schedule 2 — Amendments relating to debts due to the Commonwealth
A New Tax System (Family Assistance) (Administration) Act 1999
1 After subsection 77(1)
Insert:
(1A) The Secretary must not give a person a notice under subsection (1) unless the Secretary is satisfied that:
(a) employment income averaging based on data obtained from a taxation officer was not the only information relied on to determine whether the debt was due to the Commonwealth; and
(b) information gathering powers in Division 1 of Part 6 were used to verify that the debt is due to the Commonwealth; and
(c) the existence and quantum of the debt owed has been verified by an officer.
Note: The duties of officials under the Public Governance, Performance and Accountability Act 2013 include the duty of care and diligence; and the duty to act honestly, in good faith and for a proper purpose.
Social Security Act 1991
2 After subsection 1229(1)
Insert:
(1A) The Secretary must not give a person a notice under subsection (1) unless the Secretary is satisfied that:
(a) employment income averaging based on data obtained from a taxation officer was not the only information relied on to determine whether the debt was due to the Commonwealth; and
(b) information gathering powers in Division 1 of Part 5 of the Administration Act were used to verify that the debt is due to the Commonwealth; and
(c) the existence and quantum of the debt owed has been verified by an officer.
Note: The duties of officials under the Public Governance, Performance and Accountability Act 2013 include the duty of care and diligence; and the duty to act honestly, in good faith and for a proper purpose.
Student Assistance Act 1973
3 After subsection 40(1)
Insert:
(1A) The Secretary must not give a person a notice under subsection (1) unless the Secretary is satisfied that:
(a) employment income averaging based on data obtained from a taxation officer (within the meaning of Division 3 of Part 10) was not the only information relied on to determine whether the debt was due to the Commonwealth; and
(b) information gathering powers in Division 2 of Part 10 were used to verify that the debt is due to the Commonwealth; and
(c) the existence and quantum of the debt owed has been verified by an officer.
Note: The duties of officials under the Public Governance, Performance and Accountability Act 2013 include the duty of care and diligence; and the duty to act honestly, in good faith and for a proper purpose.
The committee divided. [10:03]
(The Chair—Senator Lines)
That this bill be now read a third time.
Australian Business Growth Fund Bill 2019
I am writing to communicate our strong support for the expedient passing of new legislation for the establishment of the Australian Small Business Growth Fund (ASBGF).
The need for this fund has long been recognised in the small business community, owing to limitations in both the structure and nature of competition within Australia's private equity markets. COSBOA is firmly of the view that these limitations give the whip hand to private equity interests in Australia who currently price business development risk at an unsustainably high level.
Continued reliance on having a home as security for a business loan—in an era when home ownership in the key entrepreneurial period of life is at a low—will increasingly inhibit SME growth. Around one third of major bank SME loans, and often a higher proportion of smaller lender SME loans, are secured by a home.
… the reform that would most significantly improve SME access to finance to be changes to the underlying prudential requirements for SME business lending compared with lending for residential mortgages.
BGF—
has demonstrated that they not only share our enthusiasm for the sector but can bring valuable advice, expertise and high level contacts to the table.
"If fully realised as outlined, the BGF, could translate into new, value-added industry growth and global export opportunities for Australia … The BGF will allow SME's much needed access to patient investment capital providing certainty for their growth opportunities."
Established Australian businesses will be eligible for long-term equity capital investments between $5 million and $15 million.
The object of this Act is to increase investment in small and medium Australian enterprises by the Commonwealth participating in, and investing in (together with other persons), the Australian Business Growth Fund in accordance with this Act.
It is not clear what rate of return the Government will seek on behalf of taxpayers for its $100 million investment. According to The Treasury, the ABGF is expected to make a commercial return for shareholders.
SELECTION OF BILLS COMMITTEE
REPORT NO. 3 OF 2020
1. The committee met in private session on Wednesday, 26 February 2020 at 7.45pm.
2. The committee recommends that—
(a) the provisions of the Australian Education Amendment (Direct Measure of Income) Bill 2020 bereferred immediately to the Education and Employment Legislation Committee for inquiry and report by 1 May 2020 (see appendix 1 for a statement of reasons for referral);
(b) the Commonwealth Electoral Amendment (Donation Reform and Other Measures) Bill 2020 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 30 June 2020 (see appendix 2 for a statement of reasons for referral);
(c) the Environment Protection and Biodiversity Conservation Amendment (Climate Trigger) Bill 2020 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 14 October 2020 (see appendix 3 for a statement of reasons for referral);
(d) the Intelligence and Security Legislation Amendment (Implementing Independent Intelligence Review) Bill 2020 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 25 June 2020 (see appendix 4 for a statement of reasons for referral); and
(e) the provisions of the National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Bill 2020 bereferred immediately to the Economics Legislation Committee for inquiry and report by 12 June 2020 (see appendix 5 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
4. The committee deferred consideration of the following bills to its next meeting:
(Dean Smith)
Chair
27 February 2020
Appendix 1
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Australian Education Amendment (Direct Measure of Income) Bill 2020
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Education and Employment Legislation Committee
Possible hearing date(s):
To be determined by the committee
Possible reporting date: 1st May 2020
Senator Anne Urquhart
Appendix 2
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Commonwealth Electoral Amendment (Donation Reform and Other Measures) Bill 2020
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Possible hearing date(s):
14 April, 20 April
Possible reporting date:
30 June 2020
Jacqui Lambie
Appendix 3
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Environment Protection and Biodiversity Conservation Amendment (Climate Trigger) Bill 2020
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Possible hearing date(s):
Possible reporting date:
Rachel Siewert
Appendix 4
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Intelligence and Security Legislation Amendment (Implementing Independent Intelligence Review) Bil1 2020
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Legal & Constitutional Affairs
Possible hearing date(s):
24 April 2020
Possible reporting date:
13 May 2020
Rachel Siewert
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Intelligence and Security Legislation Amendment (Implementing Independent Intelligence Review) Bill 2020
Reasons for referral/principal issues for consideration :
Policy issues that would benefit from input from the affected agencies and other interested stakeholders in civil society.
Possible submissions or evidence fr om :
Committee to which bill is to be referred:
(this is the committee to which other proposals for reform of PJCIS have previously been sent. The bill relates to portions of the Intelligence Services Act which are the responsibility of the Prime Minister under the Administrative Arrangements Order. )
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
25 June 2020
Senator Anne Urquhart
Appendix 5
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Bill 2020
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
12 June 2020
Senator Anne Urquhart
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Bill 2020
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Possible hearing date(s):
Possible reporting date:
Rachel Siewert
That—
(a) government business orders of the day as shown on today's Order of Business be considered from 12.45 pm today; and
(b) government business be called on after consideration of the bills listed in paragraph (a) and considered until no later than 2.00 pm today.
That general business notice of motion No. 512 be considered during general business today.
That the following general business orders of the day be considered on Monday 23 March 2020 at the time for private senators' bills—
(a) Banking Amendment (Deposits) Bill 2020; and
(b) Telecommunications Amendment (Repairing Assistance and Access) Bill 2019.
That the following matter be referred to the Education and Employment References Committee for inquiry and report by first sitting day in May 2020:
The announcement, by General Motors on 17 February 2020, to withdraw the Holden brand and operations from Australia, with particular reference to:
(a) the impacts of that decision on:
(i) Holden employees,
(ii) the Holden dealership network (small and medium sized businesses and family enterprises, and their employees),
(iii) the Holden research and development facilities, and
(iv) owners of Holden vehicles (including service and repair);
(b) the role of the Franchise Code and the Government's proposed dealership amendments to the Franchise Code;
(c) Government or other policy settings on manufacturing, research and development, business support and transition, and employee support; and
(d) any related matters.
That—
(1) The Senate notes that:
(a) since the last sitting of the Senate, two more women have been killed by violence in Australia taking the national toll since the start of 2020 to 9, as reported by Counting Dead Women Australia from Destroy The Joint;
(b) there is no national government reporting program to record the ongoing toll of women killed by violence in real time and ensure that these horrifying statistics receive ongoing public attention;
(c) on average, one woman is murdered every week by her current or former partner;
(d) according to the Australian Bureau of Statistics Personal Safety Survey 2016:
(i) more than 370,000 Australian women are subjected to violence from men each year,
(ii) 1 in 3 Australian women has experienced physical violence,
(iii) 1 in 5 Australian women has experienced sexual violence,
(iv) 1 in 6 Australian women has experienced physical or sexual violence by a current or former partner,
(v) 1 in 4 Australian women has experienced emotional abuse by a current or former partner,
(vi) Australian women are nearly three times more likely than men to experience violence from an intimate partner, and
(vii) Australian women are 2 times more likely to be hospitalised for assault injuries arising from family and domestic violence than men, with hospitalisation rates rising by 23% since 2014-2015;
(e) in 2017, young women aged 15-34 accounted for more than half of reported sexual assaults;
(f) there is growing evidence that women with disabilities are more likely to experience violence;
(g) Aboriginal and Torres Strait Islander women report experiencing violence at 3 times the rate of non-Indigenous women;
(h) in 2016-2017, Indigenous women were 32 times as likely to be hospitalised due to family violence as non-Indigenous women;
(i) the Fourth Action Plan of the National Plan to Reduce Violence against Women and their Children 2010-2022 states that the overall prevalence of violence against women will only start to decrease in the very long term as gender roles change; and
(j) the Fourth Action Plan recognises that demand for domestic and family violence services has increased, and will continue to increase.
(2) The Senate calls on the government to:
(a) recognise domestic violence against women as a national security crisis;
(b) adequately fund frontline domestic, family and sexual violence and crisis housing services to ensure that all women seeking safety can access these services when and where they need them;
(c) legislate for 10 days paid domestic and family violence leave so that women don't have to choose between paying the bills and seeking safety;
(d) ensure that all government funded counselling services for domestic and family violence are delivered by expert family violence service providers in accordance with the National Outcome Standards for Perpetrator Interventions;
(e) implement all 25 recommendations of the 2015 Senate inquiry into domestic violence in Australia; and
(f) maintain and publish an official real-time national toll of women killed by violence Australia.
(1) There be laid on the table, by the Minister responsible for the Australian Research Council, or when that minister is in the House of Representatives, the minister in the Senate representing that minister, by not later than 15 days after the end of the previous calendar month, a letter of advice that a list, meeting the requirements of paragraph (2), of all Australian Research Council grant recommendations received by the responsible minister each month, has been published on the Internet.
(2) The list of grant recommendations must be published in a machine readable format and specify the following information for each recommendation:
(a) identification or application number;
(b) title of application;
(c) scheme or stream;
(d) date received by the responsible minister;
(e) whether the grant was approved or not approved by the responsible minister;
(f) date of the responsible minister's decision;
(g) date the applicant was informed of the grant outcome;
(h) the amount of funding granted (if any); and
(i) whether the grant was publicly announced and, if so, the date of the announcement.
(3) If the Senate is not sitting when the letter is ready for presentation, the letter is to be presented to the President under standing order 166.
(4) This order is of continuing effect.
That the time for the presentation of the report of the Select Committee on Administration of Sports Grants be extended to 24 June 2020.
Banking Amendment (Deposits) Bill 2020
That the following bill be introduced: A Bill for an Act to amend the Banking Act 1959, and for related purposes. Banking Amendment (Deposits) Bill 2020.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
This Bill will avoid doubt as to the meaning and intent of various provisions in the Banking Act 1959 in relation to bail-in.
Bail-ins are where money held in bank accounts is taken by the bank, and converted to shares in the bank.
This happens when banks are under extreme pressure during such events as the GFC.
The effect of the Banking Amendment (Deposits) Bill 2020 will be:
1. to confirm that the conversion and write-off provisions of the Banking Act I 959 do not apply to deposit accounts as defined in the Bill; and
2. to confirm that nothing in the Banking Act 1959 or any other Commonwealth legislation extends power to APRA to implement or authorise or direct the implementation of bail-in in respect of deposit accounts as defined in the Bill.
Since the passing of the Financial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Act 2018 , there have been doubts as to the meaning and intent of various provisions in the Act as to the extension by the Act of power to APRA to implement, authorise or direct bail-in to deposit accounts where the instruments relating to the creation of such accounts did not provide for a power of bail-in being the writing off or conversion of deposit accounts.
This Bill will remove those doubts by confirming that the conversion and write-off provisions introduced into the Banking Act 1959 by theFinancial Sector Legislation Amendment (Crisis Resolution Powers and Other Measures) Act 2018 do not apply to deposit accounts.
The Bill will further remove doubt by confirming that nothing in the Banking Act 1959 or any other Commonwealth legislation extends power to APRA to implement or authorise or direct the implementation of bail-in in respect of deposit accounts.
Deposit accounts are defined in the Bill and include those accounts commonly understood as current or cheque accounts conducted by customers with Australia's banks.
I want to make it perfectly clear that money in deposit accounts held by our banks on behalf of everyday Australians cannot be taken from them.
Our banks should not need bailing out. We have a banking oligopoly with the most profitable banks in the world.
Yet this Government produced legislation in 2018 that went right to the issue of bank bail-ins.
Is the Government worried about the banks reliance on real estate to support their loan book?
Certainly the value of Australian banks mortgage loan book has risen from $400 billion to $2 trillion since 2000.
2 trillion in mortgages?
Trillions more in exposure to securitised instruments.
Remember when banks lent to small business? Remember when they had a diversified loan book that insulated them against downturns and disasters?
Not in 2020 Mr President.
In allowing their loan book to become so narrow, our banks are displaying a level of recklessness that may just come back to bite them.
The Financial Sector Legislation Amendment (Crisis Powers and Other Measures) Act 2018 was designed to make sure that, should a catastrophic event occur, the damage would accrue, not to the banks, but to their customers.
One Nation is introducing this bill with a simple message: hands off the savings of hard working Australians.
I commend the bill.
That the Senate—
(a) is not of the view that the Morrison Government's announcement of the National Commissioner for Defence and Veterans Suicide Prevention is "better than a Royal Commission";
(b) calls on the Morrison Government to establish a Royal Commission into Veterans Suicide, with a clear start and end date; and
(c) invites the Royal Commissioner to recommend that a standing, permanent capability be established to oversee reform, should the Commissioner see fit to do so.
That the Senate—
(a) notes that:
(i) 3 baboons made a bid for freedom in Sydney this week,
(ii) the baboons were from a colony bred for use in research,
(iii) animal testing causes harm and suffering to animals, and
(iv) the episode has highlighted the community's concern for the welfare of animals used in experimentation and research;
(b) wishes the baboons well; and
(c) calls on the Federal Government to:
(i) ensure national transparency and accountability in the use of animals in research, and
(ii) invest in the methods and technology needed to end the use of animals for research purposes.
Question agreed to.
That the Senate—
(a) notes that:
(i) support and assistance dogs can help guide those living with trauma and Post Traumatic Stress Disorder (PTSD) back to a sense of safety, helping to improve interpersonal connections, encourage engagement in the community, improve the overall quality of life and can be particularly helpful for survivors of child sexual abuse, and
(ii) the Disability Discrimination Act 1992 sets out the legal definition of an assistance animal, but there are inconsistencies in laws and policies across the states and territories, and between the states, territories and the Commonwealth which mean that people who use assistance animals face discrimination, uncertainty and a range of associated challenges to accessing the community which often exacerbates their symptoms of PTSD; and
(b) calls on the Federal Government to:
(i) work with state and territory governments to develop a national model or interstate recognition of assistance animal identification,
(ii) ensure that certification that is clear and simple such as a single permit that can be used for a variety of legitimate purposes, so that a person could access public transport, employment and educational settings, and
(iii) ensure that the cost of any certification is accessible to those on low incomes.
That the Senate—
(a) acknowledges the 18 years of diplomatic relations and longstanding friendship between Australia and Bhutan;
(b) notes that:
(i) the King of Bhutan, His Majesty Jigme Khesar Namgyel Wangchuck, the Fifth King ('Dragon King'), acceded to the throne on 9 December 2006, and
(ii) His Majesty Jigme Khesar Namgyel Wangchuck celebrated his 40th birthday on 21 February; and
(c) acknowledges the accession of the Dragon King catalysed Bhutan's transition to a fully democratic government, with the adoption of the 'Constitution of Bhutan' under his reign.
That the Senate—
(a) acknowledges the strong and trusted strategic, economic and cultural relationship between Australia and Japan, underpinned by our Special Strategic Partnership; and
(b) notes that:
(i) the Emperor of Japan, His Majesty Emperor Naruhito, acceded to the Chrysanthemum Throne on 1 May 2019, with the imperial era title of Reiwa ('Beautiful Harmony'),
(ii) Emperor Naruhito celebrated his birthday on 23 February, the Emperor's first since acceding to the throne, and
(iii) the Consul-General of Japan marked the celebration of Emperor Naruhito's birthday on 20 February 2020, at an event in Peppermint Grove, attended by the Premier of Western Australia, Opposition Leader, Ms Liza Harvey MLA, Federal and State Parliamentarians, and other representatives of the WA community.
That the Senate—
(a) notes that:
(i) any questions going to the operations or financial positions of the departments and agencies which are seeking funds in the estimates are relevant questions for the purpose of estimates hearings, and
(ii) the Senate has resolved that there are no areas in connection with the expenditure of public funds where any person has a discretion to withhold details or explanations from the Parliament or its committees unless the Parliament has expressly provided otherwise; and
(b) expects that at the examination of the 2019-20 additional estimates, the Department of Agriculture, Water and the Environment will be prepared to provide information and answer questions with respect to the following matters:
(i) the Environment Restoration Fund, including but not limited to a list of all commitments made under the fund, including details of the names of projects, amounts allocated and paid, dates commitments were announced, and associated electorates, and
(ii) the Communities Environment Program, including but not limited to:
(A) the number of projects that required re-submission,
(B) the extent of written advice provided or received in relation to the eligibility of schools to be applicants,
(C) funds expended,
(D) training materials provided to departmental staff administering the program, and
(E) any correspondence relating to the award (or attempted award) of Communities Environment Program funds to community members or groups in the electorate of Dunkley, including between the ministerial offices, departments, and the former member Mr Chris Crewther.
That the Senate—
(a) notes:
(i) recent media reports that teenagers are taking up vaping under the misapprehension it is safe, and that concerned parents support a ban on the supply, sale and use of all e-cigarette products in Australia,
(ii) that it is legal to sell only nicotine-free vaping liquids in Australia,
(iii) that, while the sale of e-cigarette liquids containing nicotine is not legal in Australia, it is legal for a person to import a three-month supply of liquid containing nicotine for personal use,
(iv) that it is a simple task for anyone under the age of 18 to access vaping paraphernalia, including e-liquids containing nicotine, via online retailers, and
(v) a 2018 study in the Australian and New Zealand Journal of Public Health cautioned vaping may have a "gateway effect" to cigarette use, with two-thirds of the young people surveyed stating a preference for e-cigarettes containing nicotine;
(b) further notes that:
(i) the Therapeutic Goods Administration (TGA) issued a warning to consumers in January 2019 regarding undisclosed by-products and toxic ingredients including nicotine in e-liquid sold in Australia, despite being labelled 'nicotine-free', and
(ii) the TGA warning was prompted by a study, published in the Medical Journal of Australia , which stated there is little to no regulation of
e-cigarette manufacture, and the frequency with which nicotine is detected in e-liquids labelled "nicotine-free" was concerning; and
(c) calls on the Federal Government to:
(i) regulate the manufacture and labelling of e-cigarette liquid to ensure safety and consistency of ingredients in imported and
domestically-available products, and
(ii) ban the importation of e-cigarette liquids containing nicotine.
The Senate divided. [12:12]
(The President—Senator Ryan)
That the Senate—
(a) recognises that:
(i) since the publication of the Education and Employment References Committee report, They never came home–the framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia (the report), tabled on 17 October 2018, 183 workers have lost their lives in the workplace,
(ii) 2019 featured a nearly 10% increase in the number of Australians fatally injured while working compared with 2018, and
(iii) as of 13 February, 21 Australian workers have died on the job this year,
(b) congratulates the Victorian, ACT, Queensland and Northern Territory Governments for passing comprehensive industrial manslaughter laws; and
(c) calls on the Federal Government to:
(i) act on the recommendations of the report, and
(ii) implement a federal industrial manslaughter regime.
That the Senate—
(a) notes that:
(i) Australian public servants work extremely hard to prepare for estimates hearings, with an overriding spirit of acting ethically, respectfully, impartially and with accountability,
(ii) leadership by Ministers and Secretaries is essential to supporting public servants as they prepare for estimates hearings and as public servants prepare responses to questions on notice,
(iii) the quality of the answers to questions on notice provided by the Department of Home Affairs to senators following the October 2019 Estimates round raises questions about whether details or explanations are being withheld from public scrutiny without sufficient explanation as to why,
(iv) Senator Keneally wrote to the Secretary of the Department of Home Affairs on 11 February 2020, and provided the Secretary with five case studies to demonstrate concerns that questions may not be being answered with a spirit of accountability and transparency that the Senate expects,
(v) Senator Keneally asked the Secretary of the Department of Home Affairs to re-examine the Department's responses to all of its questions on notice from the October 2019 Estimates round, and to correct any omissions or lack of transparency, by 24 February 2020, and
(vi) as of 2:00 pm on 26 February 2020, the Secretary of the Department of Home Affairs has not responded to the senator's letter;
(b) in advance of next week's estimates hearings, thanks the Australian Public Service for their commitment to acting ethically, respectfully, impartially and with accountability;
(c) calls on the Secretary for the Department of Home Affairs to re-examine the Department's responses to all of its questions on notice from the October 2019 Estimates, and to correct any omissions or lack of transparency by 28 February 2020; and
(d) ahead of Additional Estimates next week, reminds the Secretary of the Department of Home Affairs of his obligation to the Australian Public Services Values, including to the Australian public's right to know.
The Senate divided. [12:22]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) it is women who remain disproportionately more likely to arrange childcare and are assessed under the Government's 'activity test' to access childcare support, and
(ii) under the government's 'activity test', only parents who undertake approved courses of education or study meet the activity test requirements;
(b) considers that:
(i) it wrong that parents studying Masters degrees or PhDs that are not approved by the government do not meet the activity test requirements, and
(ii) this discriminates against women participating in education; and
(c) calls on the Federal Government to extend eligibility for childcare support to all parents undertaking education or study.
The Senate divided. [12:26]
(The President—Senator Ryan)]
That the Senate—
(a) notes that:
(i) the Great Barrier Reef supports approximately 64,000 jobs and generates $6 billion for the Australian economy annually,
(ii) approximately half of the shallow water coral of the Great Barrier Reef has been lost since 2016 due to successive coral bleaching incidents,
(iii) the Centre for Tourism and Regional Opportunities has reported a dramatic decline in domestic tourism since successive coral bleaching events,
(iv) in February 2020, Great Barrier Reef Marine Park Authority survey teams found significant bleaching at three reefs in the Shelburne Bay and Wuthathi region of the Great Barrier Reef,
(v) current National Oceanic and Atmospheric Administration Coral Reef Watch forecasts show a heightened risk of a mass bleaching events in the Great Barrier Reef in the coming weeks, and
(vi) climate change remains the greatest threat to the Great Barrier Reef; and
(b) calls on the Federal Government to:
(i) implement a climate policy that accelerates actions to limit global warming to 1.5°C to protect the Great Barrier Reef and the jobs that it supports,
(ii) take all action necessary to properly protect the Great Barrier Reef and avoid the UNESCO World Heritage Committee needing to place the Great Barrier Reef on the World Heritage In Danger List, and
(iii) develop a clear plan to move Australia towards 100% clean energy, including a plan for a just transition for Australia's regional workforces so that regional economies can thrive and workers are protected.
The Senate divided. [12:31]
(The President—Senator Ryan)
That senators be discharged from and appointed to committees as follows:
Economics Legislation Committee—Appointed—Substitute Member: Senator Sheldon to replace Senator Kitching for Additional Estimates 2019-20.
Australian Business Growth Fund Bill 2019
Student Identifiers Amendment (Higher Education) Bill 2019
Accelerate the introduction of a national Unique Student Identifier for all students to be used throughout schooling.
That this bill be now read a third time.
Export Control Bill 2019
Export Control (Consequential Amendments and Transitional Provisions) Bill 2019
Export Charges (Imposition—Customs) Amendment Bill 2019
Export Charges (Imposition—Excise) Amendment Bill 2019
Export Charges (Imposition—General) Amendment Bill 2019
That these bills be now read a third time.
Statute Update (Regulations References) Bill 2020
That this bill be now read a third time.
Australian Business Growth Fund Bill 2019
(1) Clause 21, page 9 (lines 21 and 22), omit subclause (2), substitute:
(2) The review must include:
(a) the effectiveness of this Act in meeting the object of this Act; and
(b) the effectiveness of any investment by the Commonwealth in the Fund in relation to the following:
(i) demand for equity investments by businesses;
(ii) the impact of the creation of the Fund on the overall access to capital for small and medium Australian enterprises;
(iii) the impact of the creation of the Fund on competition within capital markets in relation to small and medium Australian enterprises;
(iv) the operation of the rights and powers of the Commonwealth in relation to the governance arrangements of the Fund.
(2) Clause 21, page 9 (line 24), at the end of subclause (3), add "The report of the review must not include information that is commercially sensitive.".
(1) Clause 5, page 3 (line 7), after the definition of rules , insert:
small and medium Australian enterprise means an Australian business with an annual turnover (within the meaning of thePrivacy Act 1988 ) of less than $100 million.
As reflected in the Senate Selection of Bills Committee's reasons for referring the Bill to the Senate Economics Committee for inquiry, there are concerns that the ABGF may cause competition issues in Australia's financial markets. From the supply side, other providers of equity finance may be disadvantaged—it may crowd out their ability to provide equity capital because of the better terms available for those seeking funding under the ABGF.
The Australian Business Growth Fund … will be another case of crony capitalism, bringing together the government and the biggest financial institutions in a cosy venture that will crowd out existing private sector investors … Not content with giving the big banks the right to join a fund that will enjoy artificially low borrowing costs by virtue of government involvement, the banking regulator even has agreed to pervert prudential regulation so the banks can treat high-risk investments through the fund as loans.
This double whammy of market manipulation will ensure the ABGF has a huge advantage in the market for providing equity finance to small to medium enterprises.
I have been given an ironclad guarantee by Minister Colbeck that the Morrison government has no desire to privatise ACAT.
That the Senate take note of the answers given by Senators Cormann and Colbeck to the questions asked by Senators Green, Chisholm, Kitching and Bilyk.
I am pleased to announce that the restoration of the historic Dawn Fraser Baths has received a further boost with a $500,000 grant from Sport Australia.
Pleased to support Geelong Soccer Club and celebrate a recent $500,000 announcement, that will fund an additional 2 new pitches. Soccer is alive and well in Geelong.
… we would not agree that there was a clear causal relationship between local members of parliament saying 'These are the priority projects in my electorate', those inputs to the process and the ones being approved.
Yes … It wasn't the case that we could see that those which came, if I could say, directly from the Prime Minister's office—
were necessarily any more successful than those which came from a local member direct to the minister's office rather than through the Prime Minister's office.
That the Senate take note of the answer given by the Minister for Finance (Senator Cormann) to my question.
That the Senate take note of the report.
That the Senate take note of the report.
The announcement marks a historic departure from Australia's proud record of accepting the compulsory jurisdiction of the International Court of Justice without reservation. That position has enjoyed bipartisan support since 1975. It said to the world that Australia honours its international obligations and has nothing to hide. Excluding disputes relating to the delimitation of maritime boundaries from our acceptance of the ICJ's jurisdiction sends a very different message.
The circumstances … are that during the negotiation of the 2006 Treaty between Timor-Leste and Australia in 2004, Australia covertly spied on the Timor-Leste negotiating team by means of listening devices surreptitiously and unlawfully placed by Australian personnel in the Timor-Leste government offices. This enabled the Australian negotiating team to become aware of the private discussions of the Timor-Leste negotiating team and of its position in relation to various issues arising in connection with the 2002 Treaty and the attempt to amend it by the drafting of the 2006 Treaty.
Migration Amendment (Regulation of Migration Agents) Bill 2019
That the Senate take note of the report.
Mr Rigele: … I think the audit profession needs to act to that and perhaps look at something where it's clearly defined what we can and cannot do—
Senator O'NEILL: Which is the US system, as revealed to this committee clearly in the evidence from ASIC.
Mr Rigele: Yes, that's right. I think we need no ambiguity around it. We need to get to a stage where everyone understands the platform. One person's perception is reality and I think we just need to react to that.
Senator O'NEILL: Clean it up and make it clear?
Mr Rigele: Make it clear.
… the Australian Professional and Ethical Standards Board consider revising the APES 110 Code of Ethics to include a safeguard that no audit partner can be incentivised, through remuneration advancement or any other means or practice, for selling non-audit services to an audited entity.
We support revising the Code of Ethics standard, APES 110, to include the concept that no audit partner can be remunerated for selling non-audit services to any audit clients of a firm, as a mandatory safeguard that all firms need to apply to mitigate risks of potential conflicts of interest.
The general-circulation models of climate on which international policy is at present founded are unfit for their purpose.
Therefore, it is cruel as well as imprudent to advocate the squandering of trillions of dollars on the basis of results from such immature models. Current climate policies pointlessly and grievously undermine the economic system, putting lives at risk in countries denied access to affordable, reliable electrical energy.
… follow a climate policy based on sound science, realistic economics and genuine concern for those harmed by costly but unnecessary attempts at mitigation.
To believe the outcome of a climate model is to believe what the model makers have put in. This is precisely the problem of today’s climate discussion to which climate models are central. Climate science has degenerated into a discussion based on beliefs, not on sound self-critical science. Should not we free ourselves from the naïve belief in immature climate models?
(Employers) repeatedly flout the law, exploit their workers and attack union officials when they try to stand up for our members… Dedicated laws and harsher penalties for wage theft will be worthless without a regulator that is up to the job of policing employers in the building industry.
That the Senate take note of the document.
Those who use the label "right wing” or "hard Right" to describe and criticise conservatives fail to acknowledge history and therefore fail to take some ownership of the dark side of communism and socialism.
I don't really care where people are on the spectrum. I don't care what country it is we're talking about, whether it's China or Russia or Iran—if people pose a threat to our country, they will be dealt with according to the level of that threat.
There is a lot of bunching 1st responders with the general public services … the Beyond Blue research states—
that first responders have a much higher rate of mental illness than the general public and their needs are very different … As a paramedic I feel that this government does not care that we attend sentinel events, such as the murder of Hannah and her children in Queensland … those first responders who attended that will have that haunt them forever and with only the right support will they be able to move on … I wouldn't be surprised if there is significant mental distress and injury from that case whether it is now or in the future when triggered by another event … The response reeks of last minute panic. Effectively the Government were lucky they were shamed into doing something about the bushfires, otherwise nothing would have happened.
That the Senate take note of the documents.
That the Senate take note of the document.
That the Senate notes that—
(a) after six years in office, the economy is floundering on the Government’s watch;
(b) Australians are struggling with stagnant wages, with wage growth stalling further;
(c) net debt has more than doubled under this Government;
(d) the Government does not have a plan to boost wages or growth in the economy; and
(e) it is because of the Government’s failures that Australia meets the challenges and uncertainties of the bushfires and coronavirus from a position of weakness, not strength.
The 2019 Budget delivers the first surplus in more than a decade. Mark this event with the official Back in Black mug.
the Government does not have a plan to boost wages or growth in the economy.
… devastating rural and regional communities, where unemployment was widespread, and had become a structural level of poverty almost impossible to escape.
It's just a bizarre, slightly cruel conundrum that we're requiring people to go to government funded agencies to get emergency relief, when what really should be happening is they're paid a respectful amount of money that they can constantly survive on.
These voices have frequently been lost or ignored in the policy debate.
"I'm embarrassed to leave the house. My mental health has taken a steep decline."
"It is not helping my mental health I can't take my kids out much anymore."
"I feel exhausted all of the time just trying to manage my life on this card."
"So much stress caused by this card that relationships with friends and family become strained just because I am always anxious. It is really bad and friends have told me I am way more stressed now."
The majority of people didn't have a problem with spending or budgeting, what they had a problem with was inadequate income support payments. In fact, most of the people we spoke with were very good at budgeting, they just didn't have enough money to cover all their expenses.
… had raised significant concerns regarding the capacity of income management policies … to meet their stated objectives. Despite this, income management continues to be expanded …