The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
Privacy Amendment (Public Health Contact Information) Bill 2020
(1) Schedule 1, item 1, page 4 (line 6), at the end of the definition of registration data , add ", and includes the person’s phone number".
(2) Schedule 1 , item 2 , page 11 (line 3) , before " A person ", insert " (1) ".
(3) (2) A person commits an offence if:
(a) the person decrypts encrypted data; and
(b) the data is COVID app data that is stored on the National COVIDSafe Data Store; and
(c) the decrypting of the data is not for the purpose of, and only to the extent required for the purpose of, undertaking contact tracing.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(4) (ba) show whether or not the other person has COVIDSafe downloaded or in operation on a communication device; or
(5) (1A) An act or practice in breach of a requirement of the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Emergency Requirements—Public Health Contact Information) Determination 2020 in relation to an individual, which occurs before the commencement of this Part, constitutes an act or practice involving an interference with the privacy of the individual for the purposes of section 13.
Note: The act or practice may be the subject of a complaint under section 36.
(6) Schedule 1 , item 2 , page 15 (line 15) , after " subsection (1) ", insert " or (1A) ".
(7) Schedule 1, item 2, page 15 (line 18), at the end of subsection 94R(2), add "or the determination referred to in subsection (1A)".
(1) Schedule 1, item 2, page 11 (after line 1), at the end of section 94F, add:
(3) A person commits an offence if:
(a) the person copies data from the National COVIDSafe Data Store; and
(b) the copied data is transferred to a database outside Australia or to another person who is outside Australia.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(2) Schedule 1, item 2, page 17 (line 24), omit "to cease if", substitute "where".
(3) Schedule 1, item 2, page 18 (line 6), omit "subsection (5)", substitute "subsections (4) and (7)".
(4) Schedule 1, item 2, page 18 (lines 10 to 32), omit subsections 94U(3) to (5), substitute:
(3) If the Commissioner of Police or the Director of Public Prosecutions:
(a) has been informed of the Commissioner's opinion under paragraph (2)(a); and
(b) is satisfied that an investigation relating to the matter, or proceedings for an offence relating to the matter, will be jeopardised, or otherwise affected, by continuation of the Commissioner's investigation;
the Commissioner of Police or the Director of Public Prosecutions, as the case requires, must give a written notice to that effect to the Commissioner.
(4) If the Commissioner has not received a notice under subsection (3) within 14 days of informing the Commissioner of Police or the Director of Public Prosecutions of the Commissioner's opinion under paragraph (2)(a), the Commissioner may continue the investigation discontinued under paragraph (2)(c).
(5) However, if the Commissioner receives a notice under subsection (3) after that 14 day period, the Commissioner must discontinue the investigation upon receiving the notice.
(6) If the Commissioner of Police or the Director of Public Prosecutions:
(a) has given a notice under subsection (3); and
(b) is satisfied that an investigation relating to the matter, or proceedings for an offence relating to the matter, will no longer be jeopardised, or otherwise affected, by continuation of the Commissioner's investigation;
the Commissioner of Police or the Director of Public Prosecutions, as the case requires, must give a written notice to that effect to the Commissioner.
(7) Upon receiving a notice under subsection (6), the Commissioner may continue the investigation discontinued under paragraph (2)(c) or subsection (5).
(1) Schedule 1, item 2, page 12 (after line 16), at the end of section 94H, add:
(4) A person commits an offence if the person engages in conduct that is intended to coerce another person (including by physical intimidation or imposing a financial disadvantage) into doing any or all of the following:
(i) downloading COVIDSafe to a communication device;
(ii) having COVIDSafe in operation on a communication device;
(iii) consenting to uploading COVID app data from a communication device to the National COVIDSafe Data Store.
Penalty: Imprisonment for 5 years or 300 penalty unit s, or both.
(2) Schedule 1, item 2, page 15 (after line 3), at the end of section 94P, add:
Commissioner to assess compliance with deletion obligations
(4) The Commissioner must:
(a) conduct an assessment of the data store administrator's compliance with the obligations in this section, to verify that all COVID app data from the National COVIDSafe Data Store has been deleted; and
(b) as soon as practicable after completing the assessment, prepare and give to the Health Minister a written report of the assessment.
(5) The Health Minister must table a copy of the report in each House of Parliament within 15 sitting days after the Commissioner gives a copy of the report to the Minister.
(6) The data store administrator must provide the Commissioner with any assistance reasonably required to conduct the assessment. This section does not limit the Commissioner's other powers under this Act.
(3) Schedule 1 , item 2 , page 20 (line 27) , omit " subsection (2) ", substitute " subsections (2) and (4) ".
(4) Schedule 1 , item 2 , page 2 1 (after line 11) , at the end of section 94Y , add:
COVIDSafe data period ends if human biosecurity emergency ceases
(4) Despite subsections (1) and (2), if:
(a) the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 ceases to be in force on a day (theemergency declaration expiry day ); and
(b) the Health Minister:
(i) has not already determined a day under subsection (1); or
(ii) has determined a day under subsection (1) that is later than the emergency declaration expiry day;
the Health Minister is taken to have determined the emergency declaration expiry day as the day under subsection (1).
Note: The Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) Declaration 2020 is made under section 475 of theBiosecurity Act 2015 . The period for which the declaration is in force can be extended under section 476 of that Act.
(5) Schedule 1 , item 2 , page 21 (line 30) , omit " 6 month period ", substitute " 3 month period ".
(6) Schedule 1 , item 2 , page 21 (line 32) , omit " 6 month period ", substitute " 3 month period ".
(7) Schedule 1 , item 2 , page 22 (lines 2 to 3) , omit " 6 month period ", substitute " 3 month period ".
(8) Schedule 1 , item 2 , page 22 (lines 7 to 8) , omit " 6 month period ", substitute " 3 month period ".
(9) Schedule 1 , item 2 , page 22 (line 10) , omit "3 months ", substitute "1 month ".
(10) Schedule 1 , item 2 , page 22 (line 17) , omit " 6 month period ", substitute " 3 month period ".
(11) Schedule 1 , item 2 , page 22 (line 19) , omit " 6 month period ", substitute " 3 month period ".
(12) Schedule 1 , item 2 , page 22 (lines 27 to 28) , omit " 6 month period ", substitute " 3 month period ".
(13) Schedule 1 , item 2 , page 22 (line 30) , omit "3 months", substitute "1 month ".
That this bill be read a third time.
Aged Care Legislation Amendment (Emergency Leave) 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.
Today I am introducing the Aged Care Legislation Amendment (Emergency Leave) Bill 2020.
This Bill amends the Aged Care Act 1997 and theAged Care (Transitional Provisions) Act 1997 to introduce a new type of leave which can be utilised by permanent residents of aged care homes, in particular emergency situations.
The Australian Government is committed to ensuring that all older Australians have access to high quality aged care services whilst ensuring that they are treated with respect and dignity. Integral to this is the empowering of aged care residents to make their own decisions about their emotional wellbeing and physical health and safety.
This is particularly relevant in emergency situations, such as the COVID-19 pandemic. If a resident, or their family, is concerned that the current health emergency is impacting on the safe provision of residential aged care, they have the right to choose to take leave from the aged care home - without incurring financial burden and without the fear of losing their room.
In the current environment, permanent residents of an aged care home are entitled to take up to 52 days per year of what is known as social leave. When a resident exceeds their 52 days of social leave, the aged care provider no longer receives a subsidy payment for that resident. Therefore, in order to retain their place within the aged care home, the aged care provider charges a fee to the resident.
The current COVID-19 pandemic has highlighted the inadequacy of these leave provisions. Many permanent aged care residents are seeking to temporarily relocate to stay with family and reduce their risk of exposure to the virus. For these residents, the only options available are to use their social leave allocation or remain in the aged care home.
The difficulty is that many residents will exceed their social leave before they are ready to return to the aged care home. If they choose to remain on leave, the additional charges that may be incurred to secure their room place a significant, and unnecessary financial burden on families, carers and residents. In many cases, residents may simply not be able to afford the additional charges and therefore cannot take the leave they desire.
The Government has received a large number of representations about this issue. The isolation, lack of visitation and inability to stay with family for the duration of the current COVID-19 pandemic, has caused great anxiety for a significant number of aged care residents and their families. Many residents, and their families, are fearful of the risk of contracting or spreading the virus whilst in an aged care home.
The amendments in this Bill introduce a new emergency leave type for permanent aged care residents, which will be activated during pandemics, natural disasters and other large-scale emergency situations, as determined by the Government.
This new leave type will not be available on a regular basis. Once activated the emergency leave will only be available for a set period, as determined by the Government, and will be applied either nationally or to a specific area or service. This will ensure the flexibility needed to allow the Government to address situations such as floods, bushfire emergencies, or future instances of isolated or regional outbreaks of COVID-19.
In light of the current emergency, provision is being made to apply these changes retrospectively to 1 April 2020. This will ensure that residents who have already been financially impacted by the need to take leave from their aged care home will be adequately covered. It will also ensure providers are not financially disadvantaged.
This Bill ensures that permanent aged care residents and their families are supported to make decisions about personal safety in emergency situations, and not suffer unnecessary financial burden as a result. It also ensures that following an emergency, residents are still able to use their social leave entitlement to maintain their normal visiting and special events routine with their families and friends, which is important for emotional and mental health.
This change is in the best interests of all older Australians and the broader community, by supporting the resident's right to make their own decisions about their care.
At the end of the motion, add:
", but the Senate:
(a) is of the opinion that:
(i) this bill does not address the issue of hospital leave, meaning aged care residents will still be required to pay fees and daily accommodation costs while they are on hospital leave during the coronavirus pandemic, and
(ii) the roll-out of home care packages should not be delayed by the coronavirus pandemic;
(b) notes that the Community Affairs References Committee presented its final report on its inquiry into the effectiveness of the Aged Care Quality Assessment and accreditation framework for protecting residents from abuse and poor practices, and ensuring proper clinical and medical care standards are maintained and practised on 3 April 2019, to which the Government is yet to respond; and
(c) calls on the Government to:
(i) accelerate the roll-out of home care packages to expand the number available to older Australians, and
(ii) urgently respond to and implement the recommendations of the final report of the Community Affairs References Committee inquiry, particularly recommendations 3, 5, 6, 8 and 14".
That this bill be now read a third time.
Telecommunications Legislation Amendment (Competition and Consumer) Bill 2019
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
That—
(a) government business orders of the day as shown on today's Order of Business be exempted from the cut off as required, and considered from 12.45 pm today; and
(b) government business be called on after consideration of the bills listed in paragraph (a) and considered till not later than 2 pm today.
Purpose of the Bill
The Defence Legislation Amendment (Miscellaneous Measures) Bill 2020 (the Bill) is designed to improve access to the Defence Home Ownership Assistant Scheme and the Australian Defence Force (ADF) Superannuation scheme.
Reasons for Urgency
The Bill contains two schedules that will:
As part of the Government's 2019 election commitment, the Bill will make some small but significant changes to Defence legislation that will benefit some 5,500 ADF members who transition each year.
These changes will ensure members and their families have sufficient time to carefully consider their options after leaving the ADF, without being rushed into pursuing a home for fear of losing their entitlement to the subsidy.
These changes will also afford members the option of remaining in the same superannuation fund after leaving the ADF, making their transition process easier and seamless. This is consistent with similar changes that have been made to the Public Sector Superannuation Accumulation Plan for Australian Government employees.
Purpose of the Bill
The Bill simplifies Medicare administrative processes for recognition as a specialist general practitioner (GP) for Medicare purposes under the Health Insurance Act 1973 (HI Act) and will align Medicare eligibility for GPs with the National Registration and Accreditation Scheme (NRAS) registration requirements which were introduced in 2010.
The HI Act provides multiple pathways for recognising GPs for Medicare billing purposes. The Bill will create a single streamlined pathway for recognition by removing the requirement for GPs to submit a separate application to the Services Australia for GP specialist recognition. Services Australia will utilise daily registration data feeds from the Australian Health Practitioner Regulation Agency (Ahpra).
The Bill also makes a minor but important technical change to in relation to the Commonwealth Qualified Privilege Scheme by removing references to repealed legislation in relation to the definition of a quality assurance activity. The change will ensure that activities declared on or after 1 July 2009 are taken to have been valid declarations.
Reasons for Urgency
Passage in this sitting period provides an opportunity to resolve a long term duplicative administrative process for GPs to access higher Medicare rebates as soon as they achieve specialist recognition.
Stakeholders (such as Australian Medical Association, the Royal Australian College of General Practitioners and the Australian College of Rural and Remote Medicine) are aware of the Bill and have notified their members that they may be required to take action to ensure they continue to access higher Medicare rebates under the new administrative process. Passage in this sitting period would be consistent with their expectation that the issue would be resolved in the first half of 2020.
If the Bill is not dealt with in this sitting period, the Government will work with stakeholders to revise the timetable for transition to the new administrative process.
Purpose of the Bill
The Bill aims to reduce delays for Australians in accessing new medical devices and promising new medicines, improves understanding about what is required for successful applications for marketing approval for new prescription medicines and encourages innovation for assessed listed medicines.
Reasons for Urgency
It is desirable for this Bill to be passed in the 2020 Winter Sittings to implement a range of measures that support the health and well-being of Australians and to provide predictability for the medicines and medical device industry.
Purpose of the Bill
The purpose of this bill is to:
Reasons for Urgency
Uncertainty regarding the status of the measure may also stymie merger discussions with underperforming funds at a time when there is public agreement that fund performance needs to be lifted to deliver better outcomes for members, with merger being a key pathway to achieve this outcome.
That general business motion 591 be considered during general business today.
That Senator Seselja be granted leave of absence for yesterday, 13 May 2020, for personal reasons.
SELECTION OF BILLS COMMITTEE
REPORT NO. 4 OF 2020
1. The committee met in private session on Wednesday, 13 May 2020 at 7.25pm.
2. The committee recommends that—
(a) contingent upon introduction in the House of Representatives, the provisions of the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 5 August 2020 (see appendix 1 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:
Authorised Deposit-taking Institutions Supervisory Levy Imposition Amendment Bill 2020
Authorised Non-operating Holding Companies Supervisory Levy Imposition Amendment Bill 2020
General Insurance Supervisory Levy Imposition Amendment Bill 2020 Life Insurance Supervisory Levy Imposition Amendment Bill 2020
Retirement Savings Account Providers Supervisory Levy Imposition Amendment Bill 2020
Superannuation Supervisory Levy Imposition Amendment Bill 2020
Payment Times Reporting (Consequential Amendments) Bill 2020
(Dean Smith)
Chair
14 May 2020
Appendix 1
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:Migration Amendment (ProhibitingItemsinImmigrationDetention Facilities) Bill 2020
Reasons for referral/principal issues for consideration: Banning of items in administrative detention. This is a legacy bill that the Govt left on the notice paper for years. There is a very high likelihood there will be changes to the legislation, which will need substantial reconsideration by committee.
Possible submissions or evidence from: Law Council, Refugee and Asylum Seeker groups
Committee to which bill is to be referred: Senate Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
To be determined by the Committee
Possible reporting date:
5 August 2020
(signed)
Senator Anne Urquhart
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill: Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020
Reasons for referral/principal issues for consideration: concerns regarding human rights, and rights of the child (will provide for: prohibition of items in immigration detention facilities; searches without warrants; extra screening and seizure powers; and use of dogs for screening and searching detainees),
Possible submissions or evidence from: Human Rights Law Centre; Human Rights Watch; Law Council of Australia; Civil Liberties Australia; Australian Lawyers Alliance; Kaldor Centre for International Refugee Law; Asylum Seeker Resource Centre; Refugee Council of Australia; Asylum Seeker Resource Centre; Peter McMullin Centre on Statelessness
Committee to which bill is to be referred: Legal & Constitutional Affairs
Possible hearing date(s): 8-9 July 2020
Possible reporting date: 6 August 2020
(signed)
Senator Rachel Siewert
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill: Australian Security Intelligence Organisation Amendment Bill 2020
Reasons for referral/prin cipal issues for consideration: concerns regarding human rights, and rights of the child (will provide for the apprehension and interrogation of 14 year olds under AS/0 Act).
Possibl e submissions or evidence from: Human Rights Law Centre; Human Rights Watch; Law Council of Australia; Civil Liberties Australia; Australian Lawyers Alliance; Child Rights Taskforce; Child Rights Australia
Committee t o which bill is to be referred: Legal & Constitutional Affairs
Possible hearing date(s): 24-25 June 2020
Possible reporting date: 23 August 2020
(signed)
Senator Rachel Siewert
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill: Telecommunications Legislation Amendment {International Production Orders) Bill 2020
Reasons for referral/principal issues for consideration: concerns regarding human rights, and digital rights (amends the Telecommunications {Interception and Access) Act 1979)
Possible submissions or evidence from: Human Rights Law Centre; Human Rights Watch; Law Council of Australia; Civil Liberties Australia; Australian Lawyers Alliance; Digital Rights Watch; Electronic Frontiers Australia; the Australian Communications Consumer Action Network; Australasian Legal Information Institute; Australian Privacy Foundation
Committee to which bill is to be referred: Legal & Constitutional Affairs
Possible hearing date( s): 11-12 June 2020
Possible reporting date: 9 July 2020
(signed)
Senator Rachel Siewert
That the following matter be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and report by 26 November 2020:
Issues facing diaspora communities in Australia, with particular reference to:
(a) support offered to diaspora community associations and similar organisations, including government grants and other funding;
(b) safety concerns among diaspora communities, and means for strengthening the protection and resilience of vulnerable groups;
(c) barriers to the full participation of diaspora communities in Australia's democratic and social institutions, and mechanisms for addressing these barriers;
(d) opportunities to strengthen communication and partnerships between government and diaspora communities in Australia; and
(e) any related matters.
That the Fair Work Amendment (Variation of Enterprise Agreements) Regulations 2020, made under the Fair Work Act 2009, be disallowed [F2020L00432].
The Senate divided. [11:55]
(The President—Senator Ryan)
That the Senate—
(a) notes:
(i) that the construction industry has reported a substantial fall in activity as a consequence of the COVID-19 pandemic,
(ii) that homelessness has increased over the past decade, levels of housing stress have risen and that housing is less affordable and less secure than ever before,
(iii) the role social housing plays in addressing homelessness and housing stress, and
(iv) that housing construction can make a significant contribution to Australia's post-COVID-19 economic recovery while at the same time improve access for all Australians to more affordable and secure housing; and
(b) calls on the Morrison Government to work in partnership with state and local governments, the housing industry, social housing and homelessness organisations, and any other relevant expert to develop and co-fund a national plan that will:
(i) provide secure employment opportunities for construction workers and tradespeople, to ensure the long-term viability of the construction industry,
(ii) renew and refurbish existing social housing stock, to ensure current social housing tenants can stay safe and healthy in their homes, and
(iii) invest in new social housing to help reduce levels of homelessness and housing stress in Australia
That the Senate—
(a) notes that:
(i) in 2018, the Government approved the sale of Qantas' catering business to Dnata, an in-flight catering company which is part of the Emirates group, owned by the Government of Dubai,
(ii) Dnata employs 6000 workers every year at nine Australian airports, most of whom previously worked for Qantas' catering business,
(iii) workers at Dnata are Australians who have worked in the Australian aviation industry their whole working lives,
(iv) since the grounding of flights due to the COVID-19 pandemic most workers at Dnata have been asked to work as a skeleton crew,
(v) when Prime Minister Morrison, and Treasurer Frydenberg announced JobKeeper, the Treasurer said: "Australians know that their government has their back",
(vi) on May 1, 2020 the Government, without consulting businesses or workers, changed the rules of the JobKeeper program to exclude companies including Dnata,
(vii) on May 4, 2020, 5500 Australian workers at Dnata were told they were no longer eligible for JobKeeper payments due to the changes made by the Federal Government, and
(viii) every cent of the Job Keeper payment goes to the workers who need it – the money would not go to the foreign-owned company;
(b) recognises that workers at Dnata do not choose who owns the company they work for; and
(c) calls on the Government to:
(i) honour its commitment to Australian workers and demonstrate that it "has their back", no matter who owns their company; and
(ii) reverse the rule that excludes the 5500 workers at Dnata from JobKeeper payments.
The Senate divided. [12:05]
(The President—Hon. Scott Ryan)
That the Senate—
(a) notes that:
(i) our superannuation system is a significant national achievement of which all Australians can be proud, and is the difference between poverty and a decent retirement for most people,
(ii) the consequences of someone taking $20,000 out of their superannuation now can be very significant at retirement, especially for young people, and for women, who already retire with around half the superannuation of men, and
(iii) during this period, adequate Government support should be provided so that accessing superannuation is a last resort, not a first port of call for people in hardship;
(b) reaffirms its commitment to Australia's world-class superannuation system;
(c) recognises that:
(i) serious flaws in the Government's early release superannuation program have resulted in fraud, and
(ii) despite warnings, including from Labor and the superannuation industry, the Government failed to take sufficient action to address these flaws, designing a system about speed not accuracy, costing individuals thousands of dollars; and
(d) calls on the Assistant Minister for Superannuation, Financial Services and Financial Technology (Senator Hume) to provide a full explanation of the measures the Government is taking to protect the integrity of our superannuation system and to ensure no further fraud takes place.
The Senate divided. [12:13]
(The President—Senator Ryan)
That the Senate—
(a) acknowledges the following Western Australians who received RSLWA Branch Life Membership, and 50 Year Certificates on 25 April 2020, for their devoted service to RSLWA:
(i) life membership: Mr Ian Brook, City of Rockingham Sub-Branch; Mr Stephen Chamarette, Highgate Sub-Branch; Mr Fred Doust, Boyup Brook Sub-Branch; Mr Daryl Ikin, Joondalup City Sub-Branch; Mr Constantine Kikeros, Three Springs Arrino Sub-Branch; Mr Oliver Lovelle, Mount Lawley-Inglewood Sub-Branch; Lieutenant Colonel John Pronk, Dawesville Sub-Branch; Mrs Donna Prytulak OAM, Northam Sub-Branch; Mr Doug Rasmussen, Joondalup City Sub-Branch; Mr Ian Raymond, Riverton Sub-Branch; Colonel Geoff Simpson OAM, Highgate Sub-Branch; Mr Mark Weldon, City of Rockingham Sub-Branch; and Mr David Spillman, Kwinana Sub-Branch
(ii) 50 year service: Mr Rodney Hill, Capel Sub-Branch; Mr Owen McClements, Claremont Sub-Branch; Mr Terrence Healy, North Beach Sub-Branch; Mr Robert Gilmour, City of Rockingham Sub-Branch; and Mr Geoffrey Pope, North Beach Sub-Branch,
(b) acknowledges the recipient of the ANZAC of the Year Award, Retired Army Lance Corporal Mr David Scott of Highgate Sub-Branch, for his exceptional contribution to RSL Australia, veterans in Western Australia and the broader community; and
(c) notes that all these members of the Western Australian community have made a significant contribution to RSL Australia, RSLWA and RSL Sub-Branches.
That the Senate—
(a) acknowledges that this year marks the 80th anniversary of diplomatic relations between Australia and the United States of America;
(b) notes that:
(i) Australia and the United States established diplomatic relations on 8 January 1940,
(ii) Australia's first Ambassador to the United States, Mr Norman J O Makin, presented his credentials to the US Government on 11 September 1946, and
(iii) the first US Ambassador to Australia, Mr Robert Butler, presented his credentials to the Australian Government on 25 September 1946;
(c) recognises the strong and enduring trade and investment relationship between our two nations, noting the following:
(i) the Australia-United States Free Trade Agreement (AUSFTA) which entered into force on 1 January 2005,
(ii) the United States is Australia's largest two-way investment partner, reaching $1.6 trillion in 2017, with two-way trade worth A$70.2 billion in 2017-18, and
(iii) over 10,000 Australian listed companies sell to or operate in the United States; and
(d) recognises the strong and enduring security relationship between our two nations, noting the following:
(i) Australian and US forces have fought alongside each other in every significant conflict since World War I,
(ii) the US-Australian alliance is a key partnership for peace and stability in the Indo-Pacific region,
(iii) US Marines are stationed in Darwin in Australia's north, and our defence force personnel are working together in Afghanistan, Iraq and Syria,
(iv) Australian and US defence agencies signed a Joint Statement on Defence Cooperation in October 2015, and
(v) in 2017, the United States and Australia participated in the seventh Talisman Saber, a biennial joint military exercise designed to ensure our defence forces can work together with the highest levels of interoperability.
That the Senate—
(a) notes that 25 June 1950 will mark the 70th Anniversary of the start of the Korean War;
(b) acknowledges:
(i) the 70th anniversary of the Korean War is a significant milestone for the 225 surviving Korean War veterans in Western Australia, the 34 brave Western Australians who perished in the Korean War, and the 1,500 Western Australians who are since deceased, and
(ii) the work of the Korean War Veterans Association for improving Western Australian's knowledge and understanding of the 'Forgotten War' under the stewardship of President Jinkil Lee;
(c) notes that:
(i) 24 April 2021 will mark the 70th anniversary of the Battle of Kapyong, and
(ii) the Battle of Kapyong is known as one of the most significant and important battles for the 3rd Battalion, Royal Australian Regiment (3 RAR); and
(d) acknowledges that the Battle of Kapyong was a decisive conflict in the Korean War, and that it is important to recognise the sacrifice of Australian soldiers, with 32 killed, 59 wounded and three imprisoned.
That the Senate—
(a) notes that:
(i) the management of transport security is critical to our national security and to regional communities in regional New South Wales,
(ii) on 8 May 2018, the Morrison Government announced measures to "further strengthen Australia's domestic and international aviation security", which included the introduction of body scanners and improved luggage screening technology at airports,
(iii) regional airlines servicing New South Wales have expressed concern that the cost of these upgrades will make regional airline services economically unviable,
(iv) the Senate Rural and Regional Affairs and Transport Legislation Committee began public hearings into this matter on 7 May 2020,
(v) the Committee heard evidence that:
(A) Armidale Regional Airport explained that the ongoing costs of airport security are "definitely a concern" for the airport, and these costs would be passed onto passengers,
(B) Regional Express Airlines said that the airline's profit margin is approximately $10 per passenger, and if the airline was required to pay security costs, they would no longer make a profit,
(C) Corporate Air said that the costs of security screening vary from as little as 87 cents per passenger in Sydney airport, and up to $19.80 at one of their regional locations, and
(D) Corporate Air also said that evenly distributing security costs across the country, as occurs in New Zealand and the USA, could be a fairer model for regional communities
(vi) at the hearing, Department of Home Affairs officials told Senator Rennick that the Department had not modelled Corporate Air's suggestion of evenly distributing security costs across the country because "airport operations are for airports to manage",
(vii) Senator Rennick stated that "We're not talking about airports, we're talking about national security, right. And, you know, something that we've got to get sorted out here, because we just had it with the Ruby Princess. Okay, and I'm a member of the federal government, and it's our job to look after national security. So this sort of pushing it out on the private enterprise or rather sort of smaller, it just leads to confusion and ambiguous responsibilities as to who's responsible for what. So I think that we ought to take a good look at whether or not it's better for us to do a holistic national approach, rather than the piecemeal airport by airport, which is going to hurt a lot of airports in the region. And I think before, you know, any more changes in regulations or decisions are made, that we look at a national approach. Because if it's good enough for the US and New Zealand, I think it's something that we should also take a serious look at, I'll just leave it at that. Thanks",
(viii) Senator Rennick is correct in saying that:
(A) the Morrison Government is responsible for national security at our airports and seaports,
(B) the Morrison Government's current approach to national security has led to "confusion and ambiguous responsibilities as to who's responsible for what", and
(C) the Morrison Government's approach to regional aviation security will potentially "hurt a lot of airports in the region"
(b) commends the Senate Rural and Regional Affairs and Transport Legislation Committee for its' ongoing work in this area, and its long-standing history of representing rural and regional Australians on important policy issues; and
(c) condemns the Morrison Government for its implementation of airport security upgrades to date, which are causing confusion and leading to the potential loss of airports, airline services, and jobs in regional New South Wales.
(d) calls on the Federal Government to reveal the deal that Nationals Senators struck with the Government, which, according to reports in The Guardian , secured "an eleventh hour change of heart about cost recovery … to ensure costs incurred by regional airports to implement improved security screening measures will not be passed on unfairly to regional travellers".
That the Senate—
(a) notes that:
(i) over 550,000 international students currently study in Australia, contributing immensely to our community and economy,
(ii) many of these students are suffering enormous financial hardship at the moment due to unemployment, wage losses and instability during COVID-19,
(iii) students have been forced to queue at food banks, live in cramped accommodation, and rely on the charity of others in order to eat and make ends meet,
(iv) the government has excluded temporary visa holders, including international students, from federal income support, including Youth Allowance, JobSeeker, JobKeeper and the Coronavirus Supplement, and
(v) the government has not provided any other form of financial relief or hardship package for international students, while almost all states and territories have; and
(b) calls on the government to provide a financial relief package for international students.
That the Senate—
(a) acknowledges that many thousands of temporary visa holders in Australia have lost jobs or experienced a substantial loss of income in recent weeks due to the Covid-19 crisis and have no Commonwealth safety-net to assist them;
(b) notes:
(i) according to Government figures, there are 2.17 million people presently in Australia on a temporary visa,
(ii) temporary visa holders contribute significantly to the Australian economy,
(iii) while some temporary visa holders have returned home to see out the pandemic, there are others for whom this has been impossible or unfeasible due to financial constraints and flight cancellations, or because they are asylum seekers on bridging visas, and
(iv) temporary visa holders are an important part of our economy and society, for example, there are over 8,000 skilled medical professionals on temporary visas supporting our health system right now; and
(c) further notes that temporary skilled visa holders do not have access to the new JobKeeper and JobSeeker payments, even though employers may be anxious to retain them;
(d) commends State and Territory governments for filling in some of the gaps left by the Federal Government regarding temporary visa holders with their own initiatives including additional support for international students and emergency financial grants; and
(e) calls on the Government to extend JobKeeper and JobSeeker to temporary migrants who are unable to return home in these extraordinary times.
Omit paragraph (e), substitute:
(e) calls on the Government to extend JobKeeper or provide a financial relief package to temporary migrants who are unable to return home in these extraordinary times.
That the Senate—
(a) notes:
(i) the COVID 19 pandemic sweeping the world has placed significant strain on health care systems around the world,
(ii) the pandemic has also led to the promotion of a number of medically unproven therapies and in some cases dangerous medical advice,
(iii) the specific promotion of the use of anti-rheumatic drug hydroxychloroquine for COVID-19 by both the US President and Clive Palmer, where to date there has been little evidence of its effectiveness against the virus and significant evidence of severe side effects and increased risk of death at higher doses,
(iv) the Royal Australian College of General Practitioners has warned against viewing hydroxychloroquine as a treatment for COVID-19, and
(v) a recent study in the New England Journal of Medicine found the drug did not offer any protection against COVID-19, either alone or given in combination with an antibiotic;
(b) acknowledges that Australians with rheumatoid arthritis, lupus and other painful inflammatory conditions are struggling to fill prescriptions for hydroxychloroquine because the promotion of the drug as a "cure" for COVID-19 has led to supply shortages leaving
(c) recognises:
(i) there has been a surge in hydroxychloroquine imports since January with more than 6000 tablets of the prescription-only drug seized, and
(ii) the Therapeutic Goods Administration (TGA) has warned that hydroxychloroquine poses serious risks to patients, including cardiac toxicity (potentially leading to sudden heart attacks), irreversible eye damage and severe depletion of blood sugar (potentially leading to coma); and
(d) calls on the Federal Government to ensure that the off-label prescription of hydroxychloroquine is strictly monitored by the TGA.
That the Senate—
(a) notes that:
(i) the Government announced a 100 gigalitre "Water for Fodder" program in November 2019 to provide 40 gigalitres of water in this water year for irrigation purposes;
(b) requires that these be laid on the table by the Minister representing the Minister for Resources, Water and Northern Australia on the first sitting day after July 1, 2020, a report into the outcome of the first delivery round of the Water for Fodder program – this should include, for successful applicants only:
(i) application identifier;
(ii) address or land title reference;
(iii) water applied for, water allocated and water delivered for each successful applicant;
(iv) any reductions to delivery including conveyance loss; and
(v) the irrigation authority responsible for delivery of each allocation. ( general business notice of motion no. 576 )
That the Senate—
(a) notes that:
(i) on May 17 1990 the World Health Organization removed homosexuality from the Classification of Diseases and Related Health Problems,
(ii) May 17 is now recognised as International Day against Homophobia, Biphobia, Intersexism and Transphobia (IDAHOBIT),
(iii) IDAHOBIT is an opportunity to celebrate LGBTIQ+ people, and acknowledge the ongoing discrimination that LGBTIQ+ people still face in Australia and overseas, and
(iv) LGBTIQ+ people around the world are facing unique challenges in the context of COVID-19; and
(b) calls on all parliamentarians to:
(i) acknowledge the resilience and strength of LGBTIQ+ people, especially in these unprecedented times,
(ii) affirm and celebrate the many and varied contributions of LGBTIQ+ people in Australia, and
(iii) condemn all forms of violence and discrimination against LGBTIQ+ people.
Australian Sports Commission Amendment (Ensuring a Level Playing Field) 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.
The Community Sport Infrastructure Grants program was launched on 2 August 2018. Former Minister for Sport Bridget McKenzie's media release said that "the Coalition Government's program would focus on projects that enhanced community connectivity through sport and promoted inclusive environments for all". Of course, that's not what it focussed on at all. We now know, through important work by independent auditors, reporting by the media, and pursuit by Senate scrutiny, that this was a politicised process.
The Australian National Audit Office (ANAO) concluded that "the Minister's Office had commenced its own assessment process to identify which applications should be awarded funding. The Minister's Office drew upon considerations other than those identified in the program guidelines, such as the location of projects, and also applied considerations that were inconsistent with the published guidelines". In particular, the ANAO found this parallel process "drew upon considerations other than the assessment criteria, such as project locations including Coalition 'marginal' electorates and 'targeted' electorates".
It was a fundamentally dishonest process run by the former Minister. The City of Salisbury in Western Australia spent over 80 hours on its application, and was rated highly by the Australian Sports Commission, but was not successful. As a representative from the City of Salisbury said, "You have an expectation that those guidelines are being applied by the authority making the assessment, and on that basis you are either successful or unsuccessful."
The Coalition's failure of transparency didn't end with the original sports rort. Since then, the Coalition has repeatedly refused to provide key material that would provide a clear account of the issues in question. Transparency would help ensure that the public knows what happened in the administration of this program. It would help ensure that there is clear accountability. It would help give Australians confidence that their government is being honest and frank. Cynically refusing to answer questions can only undermine trust and confidence, at a time when that is more critical than ever.
Among the many documents that would help provide a clear account of the administration of this program are:
This issue has already had an impact on communities. The Select Committee on Administration of Sports Grants has heard evidence from many of the applicants who missed out under this program. There is not enough time to mention all of them. Each of them is different, because they come from different communities, woven into the fabric of the lives they impact and support.
I would like to draw attention to one in particular, the submission by the East Gippsland Roller Derby:
We are a club (and a sport) that has a focus on inclusion. We welcome people of all genders and ensure that LGBTQI+ people of all ages are included and valued in our club and activities … The majority of our skaters do not engage in other organised physical or social activities. Our club provides a home and a space to be welcomed for who you are …
Over a seven year period, Gippsland Ranges Roller Derby struggled to find a venue to operate our club and conduct our training from. We made 40+ separate enquiries each year since our inception and could not successfully secure a council or community provided space to train … We sought funds from a number of avenues to achieve our goals of renovation for safety, hygiene and use …
There remains no explanation of why funds were awarded to applicants with considerably lower ' gradings ' on applications, and for ten times the amount requested by our club. If the criteria and merit-based scoring are not relevant to the awarding of grants, it begs the question of why applicants need to perform against them.
There are many more stories. Unfortunately there isn't time enough to tell them all. But this lack of funding has a real, and devastating, impact on our communities. Sadly, the communities that missed out under this program are the communities that have often been missing out for years—for decades. They are often also the communities where you have people that could really benefit from investment in community infrastructure.
As a councillor in the City of Maribyrnong, in a very safe seat, a decade ago my neighbours and my community were resigned to not receiving the funding for infrastructure our community needed. The Footscray pool was a really important community facility, but did not receive funding from the Commonwealth, and only a small portion of what was needed from the state government. Sadly, the Footscray pool was closed and the land sold off because government would not support them. Nothing has changed in the intervening years, in terms of communities not getting their fair share of support and funding because of politicised selection processes, when they don't live in marginal or targeted seats.
As well as the direct impact on communities, this has a devastating impact on our democracy. It tears at the trust that underpins our society, and it creates toxic distrust between government and the community. It is tragic that we have to restate this, but let me be clear about why this matters. A submission by the Accountability Round Table to the Senate Select Committee stated the obvious - that Members of Parliament:
… must put the public interest above all others, including political party interests. This principle requires that all Members, and their staff, who act under their authority, should act solely in terms of the public interest, with integrity, objectivity and impartiality.
Breaches of this standard matter for our democracy. They matter for the norms that govern our political life. As Professor Stuart Kells said to the Select Committee:
This episode shows that we can ' t take for granted that people will adhere to what we think are established norms. Another established norm is that if you ask senior ministers about an important government grant program that has run off the rails they will answer the question. So we need to prosecute and protect those norms …
His colleague, Stuart Hamilton said:
... at times like this, when we ' re facing things such as the bushfires over the summer or the coronavirus, we need—we absolutely need—our communities to have trust in our governments so that we can have order and we don ' t have chaos. I think that goes to the heart of what we ' re really trying to make the point of here: we need to make sure that everybody in the whole chain, from prime ministers to the person building the playground in the local community, knows their job and is accountable for their job. I think that when that happens we ' ll then have confidence and trust in organisations.
Fundamentally, this Coalition's failure to act transparently has ripped apart at the fabric of trust and norms that binds our political democracy together. Their actions leave in their wake a toxic distrust that eats and corrodes at our ability to function effectively. Their actions have undermined their ability to govern effectively in the midst of a crisis, as we've seen with the low levels of trust and the impact they've had on the COVID-19 response.
A clear, transparent accounting of this whole saga by the Coalition would be an important first step. It should include releasing all the documents they have hidden. It should include an apology, and making things right for those community groups that missed out. It would help restore trust, for them to acknowledge that they have clearly done the wrong thing by Australian community sports groups, and do the right thing. More than that, though, we need clear accountability. I want to acknowledge the important work of my colleague Senator Larissa Waters, and her very valuable contribution in passing a National Integrity Commission bill through this place.
Restoring that trust in institutions and public office is particularly important now, as we are in the midst of a global pandemic. Australia has had better outcomes than many other countries, and that is wonderful. But I want to acknowledge here that this has been a very costly period, for Australians around the country.
For the people who've lost loved ones to the disease.
For the families and communities where job losses have been devastating.
For the parents, families and carers who've been stretched to the limit looking after others.
For our LGBTIQ+ communities, who've shown such strength and resilience in facing down this multifaceted crisis, even though they're already facing significant challenges.
For people in regional and remote areas, who haven't had the same services or easy access as people living in cities, and who've carried on, day after day, dealing with drought, bushfires, and now the pandemic.
This hasn't been easy. Sadly, there is a long road from here, in the work that has to be done.
Community sports have been devastated by the pandemic. More than 900 public swimming pools, 2,400 soccer clubs and 608 gymnastics centres have been closed due to the crisis. Those closures are appropriate, and necessary, but they will have a real impact in the long term. There is an enormous amount of rebuilding to be done; but here, this Bill offers a simple opportunity to make a difference.
Investment by government in community sport infrastructure can make a real difference. It can help create jobs, in communities that have been devastated by this virus. It can help create the sporting infrastructure that is so necessary, as we work towards a healthier society after this crisis. Funding these projects can make a real difference to the clubs that missed out. Most importantly, taking this small step will show that we can correct the Coalition's mistakes, and start to restore faith in institutions and integrity to our democracy.
This is not enough; more scrutiny, more transparency, more accountability are needed. We must have transparency about this issue. But this Bill provides a clear step forward.
The Bill empowers the Australian Sports Commission to fund those applications that it recommended, but that were not funded under the Minister's parallel process. The Commission will not be opening a new funding round, but re-examining those applications that were recommended but not funded, to ensure they are still eligible. There is a special provision to recognise that some clubs may have found other funding sources, and started construction—that won't be a barrier to them receiving funding for the work that's remaining.
There is a transparency requirement, so that where Sport Australia doesn't provide funding, it must provide a reason to the recipient in writing.
Proposed subsection 57AA(8) specifically provides that the Minister will not interfere in this process.
We've seen much larger government expenditure than we're used to as part of the COVID-19 crisis, an appropriate response to a global pandemic. By those standards, the amounts that these clubs have applied for is, even in aggregate, relatively small. But it makes a huge difference to those clubs, and their communities. This Bill can make a real difference; to help community sports groups, to help restore trust in our democracy, and to provide much-needed investment stimulus in the face of the pandemic.
That the Senate—
(a) notes that Disability Support Pension and Carer Payment recipients did not receive the coronavirus supplement;
(b) acknowledges that people receiving the Disability Support Pension and Carer Payment receive up to $255.10 a fortnight less than someone on JobSeeker Payment with the coronavirus supplement;
(c) acknowledges that people on the Disability Support Pension and Carer Payment are also facing additional costs due to coronavirus that are not adequately met by the $750 economic stimulus payments; and
(d) calls on the Government to provide a top-up payment to Disability Support Pension and Carer Payment recipients so that these payments are equal to the new rate of JobSeeker Payment.
The Senate divided. [12:34]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) the management of transport security is critical to our national security and to regional communities in Queensland;
(ii) on 8 May 2018, the Morrison Government announced measures to "further strengthen Australia's domestic and international aviation security", which included the introduction of body scanners and improved luggage screening technology at airports;
(iii) regional airlines servicing Queensland have expressed concern that the cost of these upgrades will make regional airline services economically unviable;
(iv) the Senate Rural and Regional Affairs and Transport Legislation Committee began public hearings into this matter on 7 May 2020;
(v) the Committee heard evidence that:
(A) Regional Express Airlines said that the airline's profit margin is approximately $10 per passenger, and if the airline was required to pay security costs, they would no longer make a profit,
(B) Corporate Air said that the costs of security screening vary from as little as 87 cents per passenger in Sydney airport, up to $19.80 at one of their regional locations, and
(C) Corporate Air also said that evenly distributing security costs across the country, as occurs in New Zealand and the USA, could be a fairer model for regional communities,
(vi) at the hearing, Department of Home Affairs officials told Senator Rennick that the Department had not modelled Corporate Air's suggestion of evenly distributing security costs across the country because, "airport operations are for airports to manage.",
(vii) Senator Rennick stated that "We're not talking about airports, we're talking about national security, right. And, you know, something that we've got to get sorted out here, because we just had it with the Ruby Princess. Okay, and I'm a member of the federal government, and it's our job to look after national security. So this sort of pushing it out on the private enterprise or rather sort of smaller, it just leads to confusion and ambiguous responsibilities as to who's responsible for what. So I think that we ought to take a good look at whether or not it's better for us to do a holistic national approach, rather than the piecemeal airport by airport, which is going to hurt a lot of airports in the region. And I think before, you know, any more changes in regulations or decisions are made, that we look at a national approach. Because if it's good enough for the US and New Zealand, I think it's something that we should also take a serious look at, I'll just leave it at that. Thanks",
(viii) Senator Rennick is correct in saying that:
(A) the Morrison Government is responsible for national security at our airports and seaports,
(B) the Morrison Government's current approach to national security has led to "confusion and ambiguous responsibilities as to who's responsible for what", and
(C) the Morrison Government's approach to regional aviation security will potentially "hurt a lot of airports in the region";
(b) commends the Senate Rural and Regional Affairs and Transport Legislation Committee for its' ongoing work in this area, and its long-standing history of representing rural and regional Australians on important policy issues; and
(c) condemns the Morrison Government for its implementation of airport security upgrades to date, which are causing confusion and leading to the potential loss of airports, airline services, and jobs in regional Queensland. ( general business notice of motion no. 583 )
(d) calls on the Federal Government to reveal the deal that Nationals Senators struck with the Government, which, according to reports in The Guardian , secured "an eleventh hour change of heart about cost recovery… to ensure costs incurred by regional airports to implement improved security screening measures will not be passed on unfairly to regional travellers".
That the Senate—
(a) notes that:
(i) Australia's hunters and shooters contributed 2.4 billion to our economy in 2018, while recreational hunting made a net contribution of $335 million, adding 3,300 jobs,
(ii) game hunting expenditure has created 2,383 jobs in the State of Victoria, 1,115 as a direct result of hunting expenditure and 1,268 of which were a result of flow-on effects (2013),
(iii) the economic impact of all hunting by game licence holders in Victoria is $177 million, with a flow-on impact of $262 million and a total impact of $439 million,
(iv) regional communities have missed out on considerable revenue from hunting as a result of the summer bushfires and COVID-19 pandemic, and
(v) hunters and shooters are more likely to meet sufficient physical activity requirements than the average Australian adult; and
(b) condemns state Labor Governments for:
(i) Failing to recognise and respect the considerable social, economic and environmental benefits of hunting and shooting to communities across regional Australia, and
(ii) their bias and discriminatory decision to restrict firearm and ammunition sales using the COVID-19 pandemic as an excuse.
That:
(1) The Senate orders that there be laid on the table by the Minister representing the Prime Minister by no later than 5pm on 25 May 2020, the following documents relating to the National COVID-19 Coordination Commission and the associated Manufacturing Working Group:
(a) all agendas and minutes of meetings, including:
(i) evidence noting recusal of members from discussions,
(ii) any advice provided by Members or Special Advisors, or sought by the Commission, regarding a conflict of interest or perceived conflict of interest of any Member or Special Advisor, and
(iii) any person attending the meetings;
(b) all documents outlining processes relating to the appointment of Members by the Government, including a list of any persons invited to be a Member who declined the invitation;
(c) details of any Special Advisors or other person appended to the Commission or Working Group appointed by the Government or the Commission;
(d) details of any payments made to Members or Special Advisors by the Government in relation to their involvement in the Commission or Working Group;
(e) all documents outlining shareholdings and financial interests of the Members or Special Advisors, including declarations made by Members;
(f) all documents outlining the process for managing conflicts of interest or perceived conflicts of interest for Members;
(g) all documents outlining the process for managing conflicts of interest or perceived conflicts of interest for Special Advisors or other persons appended to the Commission or Working Group;
(h) a list of all stakeholders that the Commission, Working Group or Special Advisors have met with; and
(i) all documents relating to projects currently under consideration by the Commission, the Working Group or any Special Advisor;
(2) If the Senate is not sitting when the documents are ready for presentation, the documents are to be presented to the President under Standing Order 166;
(3) In the event the Minister fails to table the reports and correspondence, the Senate requires the Minister representing the Prime Minister to attend the Senate on the following sitting day, by no later than 10:15 am, to provide an explanation, of no more than 10 minutes, of the Government's failure to table the documents;
(4) Any senator may move to take note of the explanation required by paragraph (3).
(5) Any motion under paragraph (4) may be debated for no longer than 60 minutes, shall have precedence over all government business until determined, and senators may speak to the motion for not more than 10 minutes each.
That the Senate—
(a) notes that:
(i) the science is well established on the link between wildlife consumption and the transfer of zoonotic diseases, such as Coronavirus, to humans,
(ii) closing wildlife markets will not be enough to prevent future pandemics like COVID-19; it must be accompanied by an end to the trade of wildlife for consumption and other purposes,
(iii) ending the trade of wildlife would not only help keep the global community safe from future pandemics but also help protect the world's precious wildlife for future generations,
(iv) wildlife trade impacts biodiversity, can cause diseases to be transferred between other wildlife species putting them at risk, drives poaching and trafficking and ultimately fuels the extinction crisis around the world, and
(v) the G20 meets in November and will focus on the global response to the pandemic; and
(b) calls on the Federal Government to advocate for a global ban on the trade of wildlife.
Defence Legislation Amendment (Miscellaneous Measures) 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.
I am pleased to introduce the Defence Legislation Amendment (Miscellaneous Measures) Bill 2020.
This Bill demonstrates the commitment this Government makes to put veterans and their families first and to assist veterans transitioning from military to civilian life.
As part of the Government's election commitments, this Bill will amend the Defence Home Ownership Assistance Scheme Act 2008 to extend access to the Defence Home Ownership Assistance Scheme from two years to five years after a member leaves the Australian Defence Force. The Bill will also amend the Australian Defence Force Superannuation Act 2015 to clarify that former ADF members to continue to make contributions to their ADF Super accounts. These amendments will mean better outcomes for veterans and their families.
Schedule 1 of the Bill will amend the Defence Home Ownership Assistance Scheme Act 2008. This Scheme is designed toassist current and former ADF members and their families who choose to purchase a home of their own to live in by providing a subsidy.
It recognises the additional difficulties ADF members and their families have in purchasing a home due to the nature of their service.
At present, a veteran generally has access to the Scheme within two years of leaving the ADF. The amendments in this Bill will extend the time after a veteran leaves the ADF when they can apply for a subsidy certificate to five years. The extension of two years to five years will assist veterans transitioning to civilian life by allowing additional time to look for suitable accommodation before applying and accessing the Scheme.
The current two-year limitation is not always enough time for veterans and their families, and this change seeks to ensure they carefully consider their options after leaving the ADF, without being rushed into purchasing a home for fear of losing their entitlement to the subsidy. This will benefit the some 5,500 ADF members who leave each year.
Schedule 2 of the Bill will amend the Australian Defence Force Superannuation Act 2015 to clarify that when an ADF member leaves the ADF, they can continue to make contributions to their ADF Super account.
The Australian Defence Force Superannuation Act 2015 introduced a new superannuation scheme for ADF members from 1 July 2016. This scheme is an accumulation fund, and Defence makes contributions for Permanent ADF members and Reserve members rendering continuous full-time service who are ADF Super members at 16.4 per cent of their salary.
At present, when a veteran leaves the ADF, they can no longer make contributions to ADF Super. Any superannuation contributions from a subsequent civilian employer, for example, must be made to a different superannuation fund.
The Bill will clarify that ADF Super members who have left the ADF, and who provided continuous full-time service for an uninterrupted period of at least 12 months, can continue to make contributions to ADF Super. This is consistent with similar changes that have been made to the Public Sector Superannuation Accumulation Plan for Australian Government employees. This change will be implemented through changes to the ADF Super Trust Deed, to take effect on 1 May 2020.
Minor consequential amendments will be made to the Superannuation Industry (Supervision) Act 1993 to require ADF Super to obtain relevant insurance products for ADF Super members who are no longer serving in the ADF.
This Bill moves to make some small but significant changes to Defence legislation that will benefit veterans and their families.
I commend the Bill.
That this bill be now read a third time.
Student Identifiers Amendment (Enhanced Student Permissions) Bill 2019
That this bill be now read a third time.
Treasury Laws Amendment (2020 Measures No. 1) 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 contains two measures that maintain the integrity and efficient operation of Australia's tax system.
Schedule 1 to the Bill amends the Income Tax Assessment Act 1997 to extend the definition of a Significant Global Entity (SGE) to include members of large business groups headed by proprietary companies, trusts, partnerships, investment entities and individuals.
SGE is a concept to define, generally speaking, a group of entities under the control of a large multinational. Such groups are a key focus for tax authorities to prevent profit shifting.
Many of the significant measures undertaken by this Government to tackle multinational tax avoidance rely on the SGE definition. These include the Multilateral Anti‑Avoidance Law, the Diverted Profits Tax, and penalties applying to false or misleading statements, late lodgement of documents or tax schemes. SGEs are also required to prepare and submit general purpose financial statements to the Australian Taxation Office.
Extending the definition will ensure that multinationals cannot structure to avoid our multinational tax integrity rules, which remain amongst the strongest in the world.
Schedule 2 to the Bill makes permanent the current temporary capital gains tax relief for merging superannuation funds, which is otherwise due to expire on 1 July 2020. The current arrangements remove unnecessary impediments that would otherwise apply to mergers by allowing superannuation funds to transfer revenue and capital losses to a new merged fund and to defer taxation consequences on gains and losses from revenue and capital assets.
Extending the relief will give fund trustees certainty when planning merger activity and will provide wider benefits to fund members and the superannuation system as a whole through increased fund scale and efficiencies.
The measure implements Recommendation 21 of the Productivity Commission's final report, Superannuation: Assessing Efficiency and Competitiveness .
Full details of the measures included in this Bill are contained in the Explanatory Memorandum.
That this bill be now read a third time.
Telecommunications Legislation Amendment (Competition and Consumer) Bill 2019
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
(1) Clause 2, page 2 (table item 1), omit "Sections 1 to 4", substitute "Sections 1 to 5".
(2) Page 3 (after line 23), after clause 4, insert:
5 Modelling of Regional Broadband Scheme
Report
(1) The Australian Competition and Consumer Commission ( ACCC ) must prepare a report in relation to the Regional Broadband Scheme that includes:
(a) the estimates referred to in subsection (3); and
(b) such other matters (if any) as the ACCC considers relevant.
(2) The purpose of the report is to provide updated costings in relation to the amount of the base component specified in paragraph 12(1)(a) of the Regional Broadband Scheme Charge Act, using the same model and methodology that was previously used to determine that amount but taking into account changes to inputs and assumptions that have occurred since that amount was first determined.
(3) The report must include an estimate of each of the following:
(a) the total losses that have been incurred by NBN Co in relation to fixed wireless broadband and satellite broadband matters during the period beginning on 1 July 2009 and ending on 30 June 2020;
(b) the total of the reasonable losses likely to be incurred by NBN Co in relation to fixed wireless broadband and satellite broadband matters during the period beginning on 1 July 2009 and ending on 30 June 2040 (the total expected net losses );
(c) the amount that the base component for a month (within the meaning of the Regional Broadband Scheme Charge Act) would be required to be in order for the Commonwealth to receive a total amount by way of charge imposed by that Act that would offset the total expected net losses, if it were assumed that paragraph 9(1)(b) of that Act had not been enacted;
(d) the total of the reasonable losses likely to be incurred by NBN Co in relation to fixed wireless broadband and satellite broadband matters during the period beginning on 1 July 2020 and ending on 30 June 2040 (the total expected net forward facing losses );
(e) the amount that the base component for a month (within the meaning of the Regional Broadband Scheme Charge Act) would be required to be in order for the Commonwealth to receive a total amount by way of charge imposed by that Act that would offset the total expected net forward facing losses, if it were assumed that paragraph 9(1)(b) of that Act had not been enacted;
(f) the total expected number of chargeable premises by reference to which charge is to be calculated under the Regional Broadband Scheme Charge Act during the financial year beginning on 1 July 2025;
(g) such other matters (if any) as the ACCC considers relevant.
Note: For paragraph (f), see section 11 of the Regional Broadband Scheme Charge Act in relation to how numbers of chargeable premises are used in calculating charge under that Act.
(4) The report must specify the aggregated data inputs and the modelling assumptions upon which the estimates referred to in subsection (3) were determined.
(5) In preparing the report, the ACCC:
(a) must use the methodology and model that was used by the Department of Communications and the Arts' Bureau of Communications Research for the report entitled NBN non ‑commercial services funding options—Final report March 2016 ; but
(b) must, in doing so, update the inputs and assumptions of the methodology and model to reflect changes that have occurred since the publication of that report.
(6) Without limiting paragraph (5)(b), the following are changes that must be taken into account in updating the inputs and assumptions:
(a) changes in the inputs for estimating the total number of chargeable premises by reference to which charge is imposed by the Regional Broadband Scheme Charge Act;
(b) changes in the inputs for build costs in relation to fixed wireless broadband and satellite broadband matters;
(c) changes in the inputs for estimating future capital expenditure requirements in relation to fixed wireless broadband and satellite broadband matters.
(7) In preparing the report, the ACCC must assume that Division 6 of Part 3 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 had not been enacted.
Note: That Division deals with charge offset certificates.
(8) Before the end of the 150‑day period beginning when this section commences, the ACCC must:
(a) give the Minister the report; and
(b) make the report available on the ACCC's website.
(9) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 5 sitting days of receiving it.
Use of the word " Regional "
(10) To avoid doubt, the use of the word "Regional"in this section does not limit:
(a) subsection 80(1) of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; or
(b) subsection 13(3) of the Regional Broadband SchemeCharge Act.
Definitions
(11) In this section:
fixed wireless broadband and satellite broadband matters means the matters referred to in paragraphs 13(3)(a) to (d) of the Regional Broadband Scheme Charge Act.
Minister means the Minister administering theTelecommunications Act 1997 .
NBN Co has the same meaning as in theNational Broadband Network Companies Act 2011 .
Regional Broadband Scheme means the scheme embodied in:
(a) Part 3 of the Telecommunications (Consumer Protection and Service Standards) Act 1999 ; and
(b) the Regional Broadband Scheme Charge Act.
Regional Broadband Scheme Charge Act means theTelecommunications (Regional Broadband Scheme) Charge Act 2020 .
(3) Schedule 5, item 1, page 197 (after line 17), after subsection 98B(1), insert:
(1A) NBN Co must:
(a) provide to the Secretary the following mapping data about each national broadband network serving area module:
(i) the boundaries and identification code for the national broadband network serving area module;
(ii) the dominant technology type of connections to the national broadband network within the national broadband network serving area module;
(iii) the date on which the majority of premises within the national broadband network serving area module were declared ready for service by NBN Co; and
(b) do so within 150 days after the Secretary gives a direction to NBN Co under subsection (4).
(4) Schedule 5, item 1, page 197 (after line 29), after subsection 98B(2), insert:
(2A) The Secretary may, by written notice given to NBN Co, direct NBN Co to:
(a) provide to the Secretary the following mapping data about each national broadband network serving area module:
(i) the boundaries and identification code for the national broadband network serving area module;
(ii) the dominant technology type of connections to the national broadband network within the national broadband network serving area module;
(iii) the date on which the majority of premises within the national broadband network serving area module were declared ready for service by NBN Co; and
(b) do so within 90 days after the Secretary gives the direction to NBN Co.
(5) Schedule 5, item 1, page 198 (line 2), omit "subsection (1) or (2)", substitute "subsection (1), (1A), (2) or (2A)".
(6) Schedule 5, item 1, page 198 (line 8), omit "subsection (1)", substitute "subsection (1) or (1A)".
(7) Schedule 5, item 1, page 198 (line 15), omit "subsection (2)", substitute "subsection (2) or (2A)".
(8) Schedule 5, item 1, page 198 (line 22), omit "subsection (2), (4) or (5)", substitute "subsection (2), (2A), (4) or (5)".
(9) Schedule 5, item 1, page 198 (after line 27), after subsection 98B(7), insert:
(7A) Before the end of the 30‑day period beginning on the day on which the Secretary is provided the mapping data under subsection (1A), the Secretary must arrange for the mapping data to be made available on the National Map website (https://nationalmap.gov.au) in colour‑coded format.
(10) Schedule 5, item 1, page 198 (after line 29), insert:
national broadband network serving area module means a geographical region within NBN Co's fixed‑line footprint which includes premises that are:
(a) connected to the national broadband network; and
(b) served by any of the following technology types of connection to the national broadband network:
(i) fibre to the building;
(ii) fibre to the premises;
(iii) fibre to the node;
(iv) fibre to the curb;
(v) HFC.
(1) Schedule 3, item 1, page 99 (lines 23 and 24), omit "made after the commencement of this section".
(2) Schedule 3, item 2, page 100 (lines 6 and 7), omit "made after the commencement of this section".
(3) Schedule 4, item 13, page 142 (lines 29 and 30), omit the definition of designated start date in section 76, substitute:
designated start date means 1 January 2021.
(4) Schedule 4, item 13, page 143 (after line 2), after the definition of exempt premises in section 76, insert:
financial year has a meaning affected by section 78A.
(5) Schedule 4, item 13, page 147 (after line 27), after section 78, insert:
78A Financial year
For the purposes of this Part (other than section 85), the 6‑month period beginning on the designated start date is taken to be a financial year.
(1) Schedule 4, item 13, page 192 (lines 5 and 6), omit "one month after the end of the applicable reporting period", substitute "60 days after the commencement of this section".
(2) Schedule 4, item 13, page 193 (lines 3 and 4), omit "the second month that began after the commencement of this section", substitute "the month immediately preceding the month in which this section commenced".
(1) Clause 3, page 4 (lines 1 and 2), omit the definition of fixed wireless broadband service , substitute:
fixed wireless broadband service has the same meaning as in Part 3 of theTelecommunications (Consumer Protection and Service Standards) Act 1999 .
Parliamentary Counsel
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
QL146
Statement of reasons: why certain amendments should be moved as requests
Section 53 of the Constitution is as follows:
Powers of the Houses in respect of legislation
53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.
The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.
The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.
Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.
Amendment (1)
The effect of this amendment is to amend the Telecommunications (Regional Broadband Scheme) Charge Bill 2019, which is a proposed law imposing taxation. The amendment is covered by section 53 because that section provides that the Senate may not amend proposed laws imposing taxation.
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
SHEET QL146
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendment (1)
As this is a bill imposing taxation within the meaning of section 53 of the Constitution, any Senate amendments to the bill must be moved as requests. This is in accordance with the precedents of the Senate.
(1) Clause 2, page 2 (table item 7), omit "Schedules 4 and 5", substitute "Schedule 5".
(2) Schedule 4, page 136 (line 1) to page 196 (line 7), to be opposed.
Telecommunications Legislation Amendment (Competition and Consumer) Bill 2019
That the bill be read a third time.
Official Development Assistance Multilateral Replenishment Obligations (Special Appropriation) Bill 2019
… coercively seeks to impose a mandate from an often ill defined borderless global community. And worse still, an unaccountable internationalist bureaucracy.
… the poorer the country, the less capable it is of addressing people's pressing needs, from identifying and treating cases of the virus to supporting communities and businesses deprived of income.
We are only as strong as our weakest links. In the case of Covid-19, if one country is a pandemic hotspot, we're all at risk of reinfection.
Agenda 21 stands as a comprehensive blueprint for action to be taken globally—from now into the twenty-first century—by Governments, United Nations organizations, development agencies, non-governmental organizations and independent-sector groups, in every area in which human activity impacts on the environment.
and the Statement of Forest Principles. It is hoped that the Forest Principles will form the basis for a future international level agreement.
That the Senate take note of the answer given by the Minister for Finance (Senator Cormann) to a question without notice asked by Senator Gallagher today relating to impacts of Covid-19 on the economy
That the Senate take note of the answer given by the Minister for Finance (Senator Cormann) to a question without notice asked by Senator Waters today relating to the National COVID-19 Coordination Commission.
(1) That the days of meeting of the Senate for the remainder of 2020 be as follows:
Winter sittings:
Wednesday, 10 June to Friday, 12 June
Monday, 15 June to Thursday, 18 June
Spring sittings:
Tuesday, 4 August to Thursday, 6 August
Monday, 10 August to Thursday, 13 August
Monday, 24 August to Thursday, 27 August
Monday, 31 August to Thursday, 3 September
Tuesday, 6 October to Thursday, 8 October
Monday, 9 November to Thursday, 12 November
Monday, 30 November to Thursday, 3 December
Monday, 7 December to Thursday, 10 December.
(2) That estimates hearings by legislation committees for the remainder of 2020 be scheduled as follows:
2020-21 Budget estimates:
Monday, 19 October to Thursday, 22 October, and, if required, Friday, 23 October (Group A)
Monday, 26 October to Thursday, 29 October, and, if required, Friday 30 October (Group B)
(3) That cross portfolio estimates hearings on Indigenous matters and on Murray-Darling Basin Plan matters be scheduled for Friday, 23 and 30 October, but not restricted to these days.
(4) That the committees consider the proposed expenditure in accordance with the allocation of departments and agencies to committees agreed to by the Senate.
(5) That committees meet in the following groups:
Group A:
Environment and Communications
Finance and Public Administration
Legal and Constitutional Affairs
Rural and Regional Affairs and Transport
Group B:
Community Affairs
Economics
Education and Employment
Foreign Affairs, Defence and Trade.
(6) That the committees report to the Senate on Tuesday, 17 November 2020 in respect of the 2020-21 Budget estimates.
That the Senate take note of the document.
That the Senate—
(a) notes that:
(i) the Government said that the economy would 'snap back' after the end of the COVID-19 crisis,
(ii) the Reserve Bank and Deloitte have forecast unemployment to remain at elevated levels for years,
(iii) members of the Government are calling for the early end of the JobKeeper payment, and
(iv) Government ministers have confirmed that JobSeeker will revert back to $40 per day in September this year; and
(b) calls on the Government to:
(i) table Treasury's review into JobKeeper in the Senate as soon as it is finalised,
(ii) as soon as possible, provide certainty to people on the JobSeeker payment that they won't be "snap-backed" to living on $40 per day; and
(iii) outline a plan for jobs and for reducing unemployment in the Government's economic update when it is delivered in June.
Australia's recovery will be strikingly dependent on the extent to which our governments—federal and state—switch their policies away from the virus sprint and towards the recovery marathon.
As of 19 March 2020, COVID-19 is no longer considered to be a High Consequence Infectious Disease … in the UK.
That Senator O'Neill replace Senator Kitching on the Economics References Committee for the committee's inquiry into the review of foreign investment proposals.
Health Insurance Amendment (General Practitioners and Quality Assurance) 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.
I am pleased to introduce the Health Insurance Amendment (General Practitioners and Quality Assurance) Bill 2020. The Bill amends the Health Insurance Act 1973 (HIA) to support simplifying Medicare administrative processes for recognition as a specialist general practitioner (GP) for Medicare purposes under the HIAand will align Medicare eligibility for GPs with the National Registration and Accreditation Scheme (NRAS) requirements. The Bill also removes legal ambiguity in relation to the definition of a quality assurance activity in Part VC of the HIA.
The current pathway to recognise a GP in the HIA requires a medical practitioner who has gained fellowship as a GP to apply to Services Australia for access to GP rebates and also to apply to the Medical Board of Australia (MBA) for specialist registration in the field of general practice. Implementation of the Bill will mean that Services Australia systems will, through an automated data exchange, utilise national registration data held by the Australian Health Practitioner Regulation Agency (Ahpra) to determine this access, removing this duplicative process for GPs.
The NRAS commenced in 2010 and provides a nationally consistent process for registering specialist GPs. This includes mandatory reporting requirements for continuing professional development (CPD). Ahpra, in administering the national registration process, provides the most up to date and accurate data on all registered practitioners.
The Bill will provide a new definition of general practitioner as one who is a specialist in the field of general practice under the Health Practitioner Regulation National Law 2009 (Qld), as applied by States and Territories. A corresponding National Law is also implemented by Western Australia. Outdated provisions in the HI Act providing for medical practitioners to gain access to higher GP rebates will be repealed. There will be grandfathering and transition arrangements made in theHealth Insurance Regulations 2018 to ensure that GPs who are currently eligible for higher GP rebates will continue to be able to access these higher rebates. This includes the cohort of GPs who are or have been on the Vocational Register who meet the eligibility criteria. These are medical practitioners who do not necessarily hold fellowship in general practice as they were in practice prior to fellowship and specialist registration becoming a requirement.
The Royal Australian College of General Practitioners (RACGP) and the Australian College of Rural and Remote Medicine (ACRRM) will continue to be critical in setting professional standards for the specialty of general practice in Australia and will work with the MBA to ensure continuing quality in general practice.
The Bill will not impact on Medicare eligibility for international medical graduates or on Australian trained graduates who are on a workforce program or a GP training pathway with either ACRRM or RACGP.
The Bill also makes a minor but important technical change in relation to the Commonwealth Qualified Privilege Scheme. It will not affect the operation of Part VC of the HIA but will remove an ambiguity.
The Commonwealth Qualified Privilege Scheme under Part VC of the HIA is designed to encourage participation in quality assurance activities that are aimed at improving the quality of the health care system. The purpose of the Commonwealth Qualified Privilege Scheme is to protect from public disclosure any personal and identifiable information that becomes known solely as a result of a declared quality assurance activity and it protects certain health care professionals involved in the activity from civil liability.
To be eligible for a declaration, a quality assurance program must be funded under at least one of the Commonwealth Health funded programs covered by the definition. This Bill will repeal an outdated reference to a former Appropriation Act and replaces it with the correct reference to the Federal Financial Relations Act 2009 .
Despite the previous reference to the outdated appropriation legislation, the Bill also ensures that activities declared on or after 1 July 2009 are taken to have been valid declarations.
Conclusion
The introduction of the NRAS in 2010 for health professions has modernised the regulation of health professions by creating a single and national regulatory framework.
Streamlining the process for GPs to be recognised for appropriate access to Medicare rebates removes duplication and red tape and allows for a simpler, more efficient process for GPs to qualify for GP specialty and reduces processing for Services Australia.
Telecommunications (Regional Broadband Scheme) Charge Bill 2019
That this bill be now read a third time.
Telecommunications Legislation Amendment (Competition and Consumer) Bill 2019
Being on DSP is hard enough under normal circumstances. So many of our everyday expenses have at least doubled in the past few weeks—eg grocery prices and added delivery charges because we need to self-isolate and not leave the house.
I still have two kids to care for on my DSP payment. It's not just about me getting more money. I'm raising a family just like those on parenting payment. Why are our children's needs different?
I've seen big increases in food and pharmacy items. Panamax on special at Chemist Warehouse is usually 79c, with the normal price at $2.79. Now it's around $5. I also can't get Ventolin at the moment and I have scripts.
I'm paying $15 per delivery and can only purchase one or two of each item. This means no more bulk-buying to save on delivery fees.
I am unable to access any PPE and struggling to find the essentials, meaning more energy-sapping, running around online. It seems all groceries are full price, barely any specials, which is great for supermarket shareholders but not for us.
Having to try and stock up one month in advance for medication, with no disposable income, is near impossible. It's demoralising not being included in the conversations around COVID-19.
I'm virtually housebound at the moment because I can't risk my weak immune system being compromised. I also have a respiratory condition. I rely on deliveries and my medication costs over $100 a month because the chemist does my packs for me as I am legally blind.