The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 12:00, read prayers and made an acknowledgement of country.
Economic Recovery Package (JobMaker Hiring Credit) Amendment Bill 2020
Confidence increased in the month, building on the gains of last month, and is now well above the trough in March.
A sharp improvement in 'time to buy a major household item' index has pushed consumer confidence above the neutral level for the first time since early March. On a weekly basis, consumer confidence rose 3.2 per cent.
(1) Schedule 1, page 3 (before line 5), before item 1, insert:
1A Before section 1
Insert:
Part 1—Preliminary
(2) Schedule 1, item 2, page 3 (lines 8 to 11), omit the item, substitute:
2 Before section 7
Insert:
Part 2—Coronavirus economic response payments
(3) Schedule 1, items 3 to 5, page 3 (line 12) to page 4 (line 10), omit the items, substitute:
3 At the end of the Act
Add:
Part 3—Jobmaker hiring credit payment
21 Definitions
In this Part:
baseline headcount has the meaning given by subsections 26(2) and (3).
baseline headcount increase amount has the meaning given by subsection 26(4).
baseline payroll amount has the meaning given by subsection 27(3).
eligible additional employee has the meaning given by section 25.
headcount increase has the meaning given by paragraph 26(1) (a).
headcount increase amount has the meaning given by paragraph 26(1) (b).
higher rate days has the meaning given by subsection 29(3).
jobmaker hiring credit payment means a jobmaker hiring credit payment payable to an entity under section 31.
Note: See section 28 for the amount of the jobmaker hiring credit payment.
jobmaker period has the meaning given by subsection 23(2).
jobmaker scheme means the scheme relating to the jobmaker hiring credit payment set out in Part 3.
lower rate days has the meaning given by subsection 29(4).
maximum payable days has the meaning given by subsection 29(5).
payroll increase has the meaning given by subsection 27(1).
total payroll amount has the meaning given by subsection 27(2).
Division 1—Simplified outline
22 Simplified outline
The jobmaker hiring credit payment is intended to improve the prospects of individuals getting employment in Australia and increase workforce participation in Australia by encouraging employers to hire additional workers.
The jobmaker scheme starts on 7 October 2020 and ends on 6 October 2022.
An employer that creates additional employment for individuals aged 16 to 35 years during the first 12 months of the jobmaker scheme can be entitled to a jobmaker hiring credit payment in respect of the individuals' first 12 months of employment with the employer.
The amount of a jobmaker hiring credit payment is calculated on the basis that an employer will receive $200 per week for each additional job that is filled by an individual aged 16 to 29 years at the time of starting the job, and $100 per week if the individual is aged 30 to 35 years.
The jobmaker scheme is administered by the Commissioner of Taxation.
The Commissioner pays the jobmaker hiring credit payment in respect of each 3‑month jobmaker period, for an entitlement that arises in the period.
Some of the administrative arrangements for the scheme are set out in this Act.
Division 2—Entitlement
23 Employer ' s entitlement to jobmaker hiring credit payment
(1) An entity (the employer ) is entitled to a jobmaker hiring credit payment for a period if:
(a) the period is a jobmaker period (see subsection (2)); and
(b) the employer qualifies for the jobmaker scheme for the period (see section 24); and
(c) the employer has one or more eligible additional employees for the period (see section 25); and
(d) the employer has a headcount increase for the period (see section 26); and
(e) the employer has a payroll increase for the period (see section 27); and
(f) the employer has notified the Commissioner in the approved form at or before the end of the period that the employer elects to participate in the jobmaker scheme; and
(g) the employer has given information about the entitlement for the period to the Commissioner in accordance with the reporting requirements determined by the Commissioner under subsection (3); and
(h) the employer is not entitled to a jobkeeper payment for an individual for a fortnight that starts in the period.
Note 1: Some provisions of this Act also affect whether an entity is entitled to a jobmaker hiring credit payment: see section 14 (about record keeping) and section 19 (about contrived schemes).
Note 2: The approved form may require further information: see paragraph 388‑50(1) (c) in Schedule 1 to the Taxation Administration Act 1953 .
Note 3: The Commissioner may defer the time for giving the approved form: see section 388‑55 in Schedule 1 to the Taxation Administration Act 1953.
Meaning of jobmaker period
(2) Each of the following is a jobmaker period :
(a) the period of 3 months beginning on 7 October 2020;
(b) each subsequent 3‑month period, ending with the 3‑month period ending on 6 October 2022.
Commissioner determination
(3) The Commissioner may, by legislative instrument, determine reporting requirements for the purposes of paragraph (1) (g).
(4) Without limiting subsection (3), the reporting requirements that the Commissioner may determine include the following:
(a) the kinds of information that must be given to the Commissioner;
(b) the period within which the information must be given;
(c) the method by which the information must be given.
24 When an entity qualifies for the jobmaker scheme
(1) For the purposes of paragraph 23(1) (b), an entity qualifies for the jobmaker scheme for a period if:
(a) throughout so much of the period as occurs after the day the entity notifies the Commissioner that the entity elects to participate in the jobmaker scheme (as referred to in paragraph 23(1) (f)), the entity:
(i) carries on a business in Australia; or
(ii) is a non‑profit body that pursues its objectives principally in Australia; or
(iii) is a deductible gift recipient that is, or operates, a public fund covered by item 9.1.1 or 9.1.2 of the table in subsection 30‑80(1) of the Income Tax Assessment Act 1997 (international affairs deductible gift recipients); and
(b) throughout so much of the period as occurs after the day mentioned in paragraph (a), the entity:
(i) has an ABN; and
(ii) is registered in accordance with section 16‑141, 16‑142 or 16‑147 in Schedule 1 to the Taxation Administration Act 1953 ; and
(c) at the time (the jobmaker claim time ) the entity gives information to the Commissioner about the entitlement for the period (as referred to in paragraph 23(1) (g)), the entity has lodged all of the income tax returns and GST returns that the entity was required to lodge under a taxation law in the 2 years ending at the jobmaker claim time.
Exceptions
(2) However, an entity does not qualify for the jobmaker scheme for a period if:
(a) an amount of levy under the Major Bank Levy Act 2017 was imposed for any quarter ending on or before 30 September 2020 on:
(i) the entity; or
(ii) if the entity is a member of a consolidated group—another member of the group; or
(b) at any time in the period, the entity is:
(i) an Australian government agency; or
(ii) a local governing body; or
(iii) wholly owned by an entity covered by subparagraph (i) or (ii); or
(iv) a sovereign entity; or
(c) if the entity is a company—at or before the end of the period, a liquidator or provisional liquidator has been appointed in relation to the company; or
(d) if the entity is an individual—at or before the end of the period, a trustee in bankruptcy has been appointed to the individual's property.
25 Meaning of eligible additional employee
(1) An individual is an eligible additional employee of an entity for a period if:
(a) the individual is an employee of the entity at any time in the period; and
(b) the individual commenced employment with the entity on or after 7 October 2020 but no later than 6 October 2021; and
(c) at the time the individual commenced employment with the entity, the individual was either:
(i) aged 16 years or over but less than 30 years; or
(ii) aged 30 years or over but less than 36 years; and
(d) the individual commenced employment with the entity no more than 12 months before the start of the period; and
(e) for each whole week (consisting of a period of 7 consecutive days) that the individual is employed by the entity during the period, the individual works an average of at least 20 hours per week; and
(f) the individual satisfies the requirements in subsections (3) and (5); and
(g) the individual is not excluded from being an eligible additional employee of the entity for the period under subsection (7).
(2) For the purposes of paragraph (1) (e), the hours an individual works in a week are taken to include any hours of paid leave, or paid absence on public holidays, that the individual takes in the week.
Pre ‑employment requirement
(3) The requirement is that, for at least 28 consecutive days during the 84 days ending on the day before the individual commenced employment with the entity, the individual was receiving one of the following under the Social Security Act 1991 :
(a) parenting payment;
(b) youth allowance (other than on the basis that the individual was undertaking full‑time study or was a new apprentice);
(c) jobseeker payment.
(4) For the purposes of subsection (3), an individual is taken to have been receiving a payment or an allowance mentioned in that subsection on a day if the individual would have been receiving the payment or allowance on that day except that the person's payment or allowance rate under the Social Security Act 1991 was nil.
Notice requirements
(5) The requirements are that:
(a) the individual has given to the entity a notice in the approved form stating that the individual satisfies the requirements in paragraph (1) (c), subsection (3) and paragraph (b) of this subsection; and
(b) at the time the individual gives the entity the notice, the individual has not given any other entity a notice under this subsection (unless the notice given to the other entity has ceased to have effect under subsection (6)); and
(c) the notice has not ceased to have effect under subsection (6).
Note: If an overpayment results from an individual giving a notice to more than one entity, the individual may be jointly and severally liable to pay the overpayment and any general interest charge on the overpayment: see section 11.
(6) If an individual gives a notice to an entity under subsection (5), the notice ceases to have effect if the individual ceases to be employed by the entity.
Note: This subsection means that, if the individual recommences employment with the entity, the individual will need to give the entity another notice under subsection (5).
Exclusions
(7) An individual is excluded from being an eligible additional employee of an entity for a period if:
(a) the individual is:
(i) in the case of an entity that is a sole trader—a relative of the sole trader; or
(ii) in the case of an entity that is a partnership—a relative of a partner in the partnership or, if a partner in the partnership is a company (other than a widely‑held company), a shareholder in or a director of the company, or a relative of a shareholder in or a director of the company; or
(iii) in the case of an entity that is a trust—a trustee or a beneficiary of the trust, or a relative of a trustee or a beneficiary of the trust; or
(iv) in the case of an entity that is a company (other than a widely‑held company)—a shareholder in or a director of the company, or a relative of a shareholder in or a director of the company; or
(b) the individual was, at any time in the period of 6 months ending on 6 October 2020, engaged by the entity as a contractor or subcontractor to exercise powers, or to perform functions or duties, that are substantially similar to the power exercised, or the functions or duties performed, by the individual as an employee of the entity.
26 Headcount increase
(1) For the purposes of paragraph 23(1) (d), if the number of employees employed by an entity at the end of the last day of a period exceeds the entity's baseline headcount for the period:
(a) the entity has a headcount increase for the period; and
(b) the amount of the excess is the headcount increase amount for the period.
Baseline headcount
(2) Subject to subsection (3), an entity's baseline headcount for a period is the greater of one and the number of employees employed by the entity at the end of 30 September 2020.
Baseline headcount to be increased for certain periods
(3) However, if the period is referred to in column 1 of an item of the following table, the entity's baseline headcount for the period as determined under subsection (2) is increased by the greater of:
(a) the entity's baseline headcount increase amount (see subsection (4)) for the period (the corresponding period ) referred to in column 2 of the table item; and
(b) unless the period is the period referred to in column 1 of item 1 of the table—the amount by which the entity's baseline headcount was increased under this subsection for the previous period.
Baseline headcount increase amount for corresponding period
(4) An entity's baseline headcount increase amount for a corresponding period is the lesser of:
(a) the entity's headcount increase amount for the corresponding period; and
(b) if the total counted days for the corresponding period falls short of the maximum payable days for the corresponding period—the amount (rounded up to the nearest whole number) worked out using the following formula:
Note 1: See subsection 29(2) for the meaning of total counted days .
Note 2: See subsection 29(5) for the meaning of maximum payable days .
Note 3: See paragraph (1) (b) of this section for the meaning of headcount increase amount .
27 Payroll increase
(1) For the purposes of paragraph 23(1) (e), if an entity's total payroll amount for a period exceeds the entity's baseline payroll amount for the period, the entity has a payroll increase for the period.
(2) An entity's total payroll amount for a period is the sum of the amounts covered by subsection (5) for each of the entity's employees for each pay cycle that ended in the period.
(3) An entity's baseline payroll amount for a period is the sum of the amounts covered by subsection (5) for each of the entity's employees for such number of consecutive pay cycles as is equal to the number of pay cycles that ended in the period.
(4) For the purposes of subsection (3), the consecutive pay cycles must:
(a) all end on or before 6 October 2020; and
(b) include the last pay cycle that ended on or before 6 October 2020.
(5) The amounts covered by this subsection are:
(a) amounts paid by the entity to the employee in the pay cycle by way of salary, wages, commission, bonus or allowances; and
(b) amounts withheld by the entity from payments made to the employee in the pay cycle under section 12‑35 in Schedule 1 to the Taxation Administration Act 1953 ; and
(c) contributions made by the entity in the pay cycle to a superannuation fund or an RSA for the benefit of the employee, if the contributions are made under a salary sacrifice arrangement (within the meaning of the Superannuation Guarantee (Administration) Act 1992 ); and
(d) other amounts that, in the pay cycle, are applied or dealt with in any way if the employee agreed:
(i) for the amount to be so applied or dealt with; and
(ii) in return, for amounts covered by paragraph (a) for the employee for the pay cycle to be reduced (including to nil).
Division 3—Payment
28 Amount of the jobmaker hiring credit payment
The amount of an entity's jobmaker hiring credit payment for a period is the lesser of the following:
(a) the entity's headcount amount for the period (see section 29);
(b) the entity's payroll amount for the period (see section 30).
29 Calculation of headcount amount
(1) For the purposes of paragraph 28(a), an entity's headcount amount for a period is worked out as follows, subject to subsection (2):
Method statement
Step 1. Multiply the higher rate days for the period by $200, divide the result by 7 and round up to the nearest cent.
Step 2. Multiply the lower rate days for the period by $100, divide the result by 7 and round up to the nearest cent.
Step 3. Sum the results from steps 1 and 2.
Reduction based on maximum payable days
(2) However, if the sum of the higher rate days for the period and the lower rate days for the period (the total counted days for the period) exceeds the maximum payable days for the period, then the entity's headcount amount for the period is reduced by:
(a) first, reducing the number of lower rate days in step 2 of the method statement in subsection (1) until one of the following occurs:
(i) the total counted days for the period equals the maximum payable days for the period;
(ii) the lower rate days for the period are reduced to nil; and
(b) if subparagraph (a) (ii) applies—then, reducing the number of higher rate days in step 1 of the method statement for the period until the total counted days for the period equals the maximum payable days for the period.
Higher rate days
(3) The higher rate days for a period is worked out by adding together the number of days each eligible additional employee covered by subparagraph 25(1) (c) (i) was employed by the entity during the period.
Note: Subparagraph 25(1) (c) (i) covers an employee who, at the time of commencing employment with the entity, was aged 16 years or over but less than 30 years.
Lower rate days
(4) The lower rate days for a period is worked out by adding together the number of days each eligible additional employee covered by subparagraph 25(1) (c) (ii) was employed by the entity during the period.
Note: Subparagraph 25(1) (c) (ii) covers an employee who, at the time of commencing employment with the entity, was aged 30 years or over but less than 36 years.
Maximum payable days
(5) The maximum payable days for a period is worked out by multiplying the entity's headcount increase amount for the period by the number of days in the period.
Note: See paragraph 26(1) (b) for the meaning of headcount increase amount .
30 Calculation of payroll amount
(1) For the purposes of paragraph 28(b), an entity's payroll amount for a period is worked out by subtracting:
(a) the entity's baseline payroll amount for the period (see subsection 27(3)); from
(b) the entity's total payroll amount for the period (see subsection 27(2)).
31 Payment of jobmaker hiring credit payment
(1) If the Commissioner is satisfied that an entity is entitled to a jobmaker hiring credit payment for a period, the Commissioner must pay the entity that jobmaker hiring credit payment in accordance with this Division and this Act.
(2) The Commissioner may, for the purposes of determining whether the Commissioner is satisfied under subsection (1) in relation to an entity, accept, either in whole or in part, a statement made to the Commissioner by the entity under this Part.
Overpayment
(3) To avoid doubt, the fact that the Commissioner pays an entity a jobmaker hiring credit payment under this section does not mean the entity is entitled to that jobmaker hiring credit payment.
Note: If the entity was in fact not entitled to a jobmaker hiring credit payment paid under this section, the provisions about overpayments would apply: see sections 9, 10 and 11.
32 When the Commissioner must pay jobmaker hiring credit payments
The Commissioner must pay the jobmaker hiring credit payment for a period as soon as practicable after the entity gives information to the Commissioner about the entitlement for the period (as referred to in paragraph 23(1) (g)).
Note: For the method of paying the payment, see section 8.
Division 4—Administration
33 When payment constitutes notice
(1) This section applies if:
(a) an entity has given the Commissioner information about the entitlement for a period (as referred to in paragraph 23(1) (g)); and
(b) the Commissioner has paid an amount of jobmaker hiring credit payment to the entity for the period; and
(c) the amount paid by the Commissioner is consistent with the Commissioner:
(i) being satisfied that the entity is entitled to a jobmaker hiring credit payment for the period; and
(ii) having accepted, either in whole or in part, a statement made to the Commissioner by the entity under this Part.
(2) The Commissioner is taken to have given the entity notice, on the day the jobmaker hiring credit payment covered by paragraph (1) (b) is paid, that the Commissioner is satisfied the entity is entitled to a jobmaker hiring credit payment for the period referred to in paragraph (1) (a).
34 Notice of decision on entitlement
(1) This section applies if:
(a) an entity has given the Commissioner information about the entitlement for a period (as referred to in paragraph 23(1) (g)); and
(b) the amount paid by the Commissioner (including nil) is not consistent with the Commissioner:
(i) being satisfied that the entity is entitled to a jobmaker hiring credit payment for the period; or
(ii) having accepted, either in whole or in part, a statement made to the Commissioner by the entity under this Part.
(2) The Commissioner must give the entity notice in writing of a decision covered by subsection (3) as soon as practicable after making the decision.
Note: This Act provides for a review of certain decisions: see section 13.
(3) This subsection covers a decision of the Commissioner under section 31 that the entity:
(a) is entitled to a jobmaker hiring credit payment for a period; or
(b) is not entitled to a jobmaker hiring credit payment for a period.
35 Later legislation may limit jobmaker scheme
An entitlement to jobmaker hiring credit payment under this Part may be cancelled, revoked, terminated, varied or made subject to conditions by or under later legislation.
Part 4—Miscellaneous
36 Constitutional basis for this Act
Principal constitutional basis
(1) This Act relies on the legislative power that the Parliament has under the Constitution with respect to matters that are peculiarly adapted to the government of a nation and cannot otherwise be carried on for the benefit of the nation.
Additional constitutional basis
(2) This Act also relies on all other legislative powers that the Parliament has under the Constitution relevant to a kind of Coronavirus economic response payment.
The committee divided. [12:35]
(The Temporary Chair—Senator Sterle)
(1) Schedule 1, page 3 (after line 11) , after item 2, insert:
2A Section 6
Insert:
underpaying in relation to an employee: see subsection 7A(4).
underpayment event : see subsection 7A(3).
(2) Schedule 1, page 3 (after line 26), after item 4, insert:
4A After section 7
Insert:
7A Requirements for rules that provide for jobmaker hiring credit scheme — ineligibility for underpaying employees
(1) This section applies if rules are made for the purposes of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.
Ineligibility for underpaying employees
(2) The rules must provide that an entity is not eligible for the payment if, during the relevant period, an underpayment event occurs in relation to:
(a) the entity; or
(b) an associated entity (within the meaning of the Corporations Act 2001 ) of the entity.
(3) There is an underpayment event in relation to an entity if any of the following apply in relation to the entity:
(a) a court or the Fair Work Commission makes an order requiring the entity to make payments to one or more of the entity's employees in connection with underpaying the employees;
(b) the Fair Work Ombudsman accepts an enforceable undertaking from the entity under section 715 of the Fair Work Act 2009 in relation to a contravention involving underpaying employees;
(c) the entity is given a compliance notice under section 716 of the Fair Work Act 2009 in relation to a contravention involving underpaying employees;
(d) the Commissioner reasonably believes that the entity is, or has been, underpaying employees.
(4) For the purposes of this section, underpaying an employee means failing to pay the employee the amount or amounts the employee is entitled to be paid as such an employee (whether as salary, wages or other allowances or entitlements, and whether under a relevant award, agreement or other instrument or any other law).
Prohibition on demanding payments from employees if employer is ineligible
(5) The rules must also provide that, if:
(a) an entity is determined to not be eligible for the payment under rules made for the purposes of subsection (2) because of an underpayment event; and
(b) as a result the entity is liable to repay amounts to the Commonwealth;
the entity, or an associated entity (within the meaning of the Corporations Act 2001 ) of the entity, are prohibited from both of the following:
(c) requesting or demanding payment of an amount from an employee to cover some or all of the repayments for which the entity is liable;
(d) withholding from amounts the entity or associated entity is liable to pay an employee an amount to cover some or all of the repayments for which the entity is liable.
(6) An entity commits an offence of strict liability if:
(a) the entity is subject to a prohibition under rules made for the purposes of subsection (5); and
(b) the entity fails to comply with the prohibition.
Penalty: 60 penalty units.
The committee divided. [12:48]
(The Chair—Senator Lines)
That the House of Representatives be requested to make the following amendment:
(1) Schedule 1, page 3 (after line 24), after item 3, insert:
3A After section 7
Insert:
7A Requirements for rules that provide for jobmaker hiring credit scheme
(1) This section applies if rules are made for the purpose of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.
(2) The rules must not:
(a) include eligibility requirements that place an upper age limit on individuals to receive the jobmaker hiring credit; or
(b) have the effect of excluding individuals aged 35 years or over from the jobmaker hiring credit scheme; or
(c) provide for a jobmaker hiring credit payment of less than $100 for individuals aged 35 years or over.
Statement pursuant to the order of the Senate of 26 June 2000
Amendment (1)
Amendment (1) is framed as a request because it amends the bill in a way that is intended to direct funding under the jobmaker hiring credit scheme to additional individuals.
The amendment would restrict the Treasurer’s ability to make rules to exclude individuals over a certain age from the jobmaker hiring credit scheme. Specifically, the effect of the amendment would be to include individuals aged 35 years or over as eligible additional employees when assessing an entity’s eligibility for payments from the Commonwealth under the rules.
As this would increase the number of employees for whom employers would be eligible to receive payments, the amendment will increase the amount of expenditure under the standing appropriation in section 16 of the Taxation Administration Act 1953 .
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendment (1)
If the effect of the amendment is to increase expenditure under the standing appropriation in section 16 of the Taxation Administration Act 1953 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.
The committee divided. [13:14]
(The Temporary Chair—Senator O'Neill)
(1) Schedule 1 , page 3 (before line 27) , before item 5 , insert:
4B After section 7
Insert:
7B Requirements for rules that provide for jobmaker hiring credit scheme—ineligibility for paying increased dividends
(1) This section applies if rules are made for the purposes of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.
(2) The rules must provide that an entity is not eligible for the payment at any time during the relevant period if:
(a) during the period beginning on 1 March 2020 and ending at the end of the relevant period the entity pays dividends to shareholders of the entity; and
(b) the Commissioner is satisfied that the amount of the dividend exceeds the amount of the last such payment made by the entity.
The committee divided. [13:31]
(The Temporary Chair—Senator O'Neill)
(1) Schedule 1, page 3 (before line 27), before item 5, insert:
4C Before section 8
Insert:
7C Requirements for rules that provide for jobmaker hiring credit scheme—ineligibility for firing employees etc. to obtain payments
(1) This section applies if rules are made for the purposes of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.
(2) The rules must provide that if:
(a) an entity terminates the employment, or reduces the ordinary hours of work, of an existing employee of the entity; and
(b) a purpose of doing so (whether or not the sole or dominant purpose) is any of the following:
(i) to engage one or more other employees in respect of whom the entity can claim the payment;
(ii) to facilitate an associated entity (within the meaning of the Corporations Act 2001 ) of the entity engaging one or more other employees in respect of whom the associated entity can claim the payment;
(iii) to otherwise enable the entity or associated entity to be eligible for the payment or increase the amount of the payment to which the entity or associated entity is entitled;
then the entity, and the associated entity (if any), are not eligible for the payment in respect of any employees.
(3) To avoid doubt, this section and rules made for the purposes of this section do not limit the Commissioner's powers under section 19 (contrived schemes).
The committee divided. [13:46]
(The Chair—Senator Lines)
(1) Schedule 1, page 3 (before line 27), before item 5, insert:
4D Before section 8
Insert:
7D Requirements for rules that provide for jobmaker hiring credit scheme—Fair Work Commission powers to deal with disputes
(1) This section applies if rules are made for the purposes of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.
(2) The rules must provide for the Fair Work Commission to be able to deal with disputes that arise in relation to or in connection with the scheme for the payment, including (without limitation):
(a) disputes about the termination of the employment of an employee of an entity; or
(b) disputes about a reduction in the ordinary hours of work of an employee of an entity; or
(c) disputes about other conduct of an entity that adversely affects employees; or where the termination, reduction or other conduct is for the purposes of, or connected with, an entity seeking to become entitled to payments under the scheme, or to increase the amount of payments to which the entity is entitled under the scheme.
(3) The rules must provide for the Fair Work Commission to deal with such disputes on application by any of the following:
(a) an employee;
(b) an employer;
(c) an employee organisation;
(d) an employer organisation.
(4) The rules must provide for the Fair Work Commission to be able to make orders in relation to such disputes, including (without limitation) any of the following:
(a) an order for reinstatement of an employee;
(b) an order to reverse a reduction in an employee's ordinary hours or work;
(c) any other order that the Fair Work Commission considers appropriate.
Additional function of the Fair Work Commission
(5) The functions of the Fair Work Commission include dealing with disputes as referred to in this section.
Note: Other functions of the Fair Work Commission are set out in section 576 of the Fair Work Act 2009 .
(6) For the purposes of section 595 of the Fair Work Act 2009 :
(a) this section and rules made for the purposes of this section are taken to be a provision of that Act; and
(b) the rules must provide that the Fair Work Commission may deal with a dispute by arbitration.
Note 1: Under section 595 of the Fair Work Act 2009 , the Fair Work Commission may deal with a dispute only if expressly authorised to do so under or in accordance with another provision of the Act.
Note 2: In addition to arbitration, the Fair Work Commission may also deal with a dispute by mediation or conciliation, or by making a recommendation or expressing an opinion (see subsection 595(2) of the Fair Work Act 2009 ).
The committee divided. [13:56]
(The Chair—Senator Lines)
FEDERAL SHADOW MINISTRY 10 November 2020
Shadow Cabinet Ministers are shown in bold type.
We, each of us inspire young women to aim for leadership, how do we continue to do this in the face of puerile back-stabbing from male party members whose sole aim is to count numbers and take our place?
As Finance Minister myself, I will be acutely aware that the quality of spending is what matters when it comes to how we invest.
As Finance Minister myself, I will be acutely aware that the quality of spending is what matters when it comes to how we invest.
If the minister fell on the basis of the government's failure to administer this program properly then the Prime Minister's involvement would mean that the Prime Minister and/or his office were involved in a maladministration, at least.
There appears to be, by design not by accident, a drift towards reducing the scrutiny of government … I think it's a pattern of behaviour that constitutes a goal.
That the Senate take note of the answers given by the Minister for Foreign Affairs (Senator Payne) and the Minister for Finance (Senator Birmingham) to questions without notice asked by Senators McAllister and Pratt today relating to a Four Corners report and to grants and funding of government programs.
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Payne) to a question without notice asked by Senator Lambie today relating to the establishment of a Commonwealth integrity commission.
That the provisions of the Export Market Development Grants Legislation Amendment Bill 2020 be referred to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 26 November 2020; and in conducting the inquiry, the committee may consider the relevant evidence and records of the Rural and Regional Affairs and Trade Legislation Committee relating to its inquiry into the bill.
That on Wednesday, 11 November 2020 the sitting of the Senate be suspended at 10.15 am till 11.45 am to enable senators to attend Remembrance Day services; and any proposal pursuant to standing order 75 not be proceeded with.
That the Senate—
(a) notes that:
(i) the racehorse Anthony Van Dyck died following injuries sustained in the 2020 Melbourne Cup,
(ii) Anthony Van Dyck was the seventh racehorse to die as a result of the Cup since 2013, following Verema, Araldo, Admire Rakti, Red Cadeaux, Regal Monarch and Cliffsofmoher, and
(iii) according to stewards' reports, between 1 August 2019 and 31 July 2020, 116 racehorses died at racetracks, as a result of catastrophic front limb injury, cardiac causes, serious bleeds, head trauma, and other injuries; and
(b) believes that no horse should die at a racetrack.
That—
(a) the Senate notes that:
(i) Australia's financial intelligence agency, the Australian Transaction Reports and Analysis Centre (AUSTRAC), produced a report in 2017 that found Australia's casinos are broadly aware of and comply with their anti-money laundering and counter-terrorism financing obligations regarding casino junkets, despite also noting that:
(A) there was 'strong growth' in the junket market, and
(B) junkets are high risk in terms of money laundering, and were increasingly featuring in money-laundering and proceeds of crime investigations (see AUSTRAC FOI Disclosure Log),
(ii) the New South Wales Casino Inquiry has heard allegations that Crown Resorts partnered with junkets that were backed by organised crime syndicates, including an allegedly triad-controlled drug trafficking and money laundering organisation starting at least as early as 2015, two years before AUSTRAC's 2017 report (see NSW Casino Inquiry Hearing, 12 October 2020. pages pp.3945-3948),
(iii) when questioned at Senate Estimates, the CEO of AUSTRAC, refused a request to release an unredacted version of the 2017 report on the basis that she 'no longer agrees' with the report and AUSTRAC has 'moved on' (Legal and Constitutional Committee, Budget Estimates, 20 October 2020, p. 65), and
(iv) Australian Government agencies should not refuse access to the reports they have prepared or hold because they have 'moved on' or 'no longer agree' with their historical decisions;
(b) there be laid on the table by the Minister representing the Minister for Home Affairs, by no later than 11.45 am on 12 November 2020, a copy of AUSTRAC's 2017 Casino Junkets Campaign Information Report; and
(c) when tabling the report, the Minister may only redact information if the Minister is aware the information would prejudice a current investigation.
(1) That the Senate—
(a) notes that the first round of funding for the Inland Rail Interface Improvement Program was announced on the 13 April 2020 by the Deputy Prime Minister and Minister for Infrastructure, the Honourable Michael McCormack; and
(b) further notes that 20 of the 21 projects approved to progress are in Liberal National Party electorates and the remaining project is in the electorate of Indi.
(2) That there be laid on the table by the Minister representing the Minister for Infrastructure, by no later than 10 am on 1 December 2020:
(a) a summary of all applications received for the first round of funding for the Inland Rail Interface Improvement Program, including:
(i) whether the proponent is government or private,
(ii) a clear statement as to the location of the project, and
(iii) a brief summary of the project being not less than 50 words; and
(b) details of any advertising, circulars, emails or other media to advertise the opening of applications for the fund.
That the Senate—
(a) notes that the 2020 Budget contains $28.3 million over three years from 2020-21 to establish five strategic basin plans to accelerate gas development in priority geological basins; and
(b) opposes the use of these public funds to expand the gas industry.
The Senate divided. [15:44]
(The President—Senator Ryan)
That the Senate—
(a) acknowledges the significant value of Australia's coal sector to Australia's regional communities and to our national economy, which benefit from more than 170,000 jobs and approximately $6 billion in royalties;
(b) notes that:
(i) Australia is the leading exporter of high-quality coal, representing almost 15% of all exports and generating more than $69 billion in 2018-19,
(ii) Australian metallurgical coal exports account for 19% of South Korea's imports of metallurgical coal contributing $3.1 billion to the Australian economy, while Australian thermal coal accounts for 34% of South Korea's imports of thermal coal, contributing $2.9 billion to the Australian economy, and
(iii) South Koreans rely on coal and nuclear energy for approximately 70% of their electricity capacity;
(c) condemns recent comments made by the Leader of the Australian Greens party and Member for Melbourne, Mr Adam Bandt MP, in his address to the National Assembly of South Korea in which he advocated against Australian coal exports and encouraged South Korea to impose carbon tariffs against Australia; and
(d) calls on the Leader of the Australian Greens party to apologise to the people of Australia for attempting to incite a foreign power to act against the interests of Australia.
The Senate divided. [15:50]
(The President—Senator Ryan)
That the Senate—
(a) notes the resolution of 8 October 1992 relating to the display of the Australian Flag in the Senate chamber;
(b) resolves that, consistent with its previous resolution, the Aboriginal Flag and the Torres Strait Islander Flag be displayed alongside the Australian flag in the Senate chamber; and
(c) directs that the flags be installed within three weeks after the passage of this resolution.
The Senate divided. [16:02]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) the Australian Government is responsible for borders, quarantine, and assisting Australians in jeopardy and stranded overseas,
(ii) since the Prime Minister capped international passenger arrivals on 13 July 2020, the number of stranded Australians overseas has risen dramatically to more than 34,000,
(iii) the United Kingdom Government says that Australia is the only country in the world to have actively restricted its citizens returning,
(iv) on 5 October 2020, the Senate called the Government to take urgent steps to help every stranded Australian return home by:
(A) increasing the number of permitted arrivals under international flight caps through using Commonwealth resources to increase quarantine capacity,
(B) stopping price gouging by airlines flying into Australia, and
(C) putting all options on the table to return stranded Australians, especially from places like the United Kingdom, India, Philippines and Lebanon—including charter flights, and
(v) the Morrison Government did not announce any funding or initiative as part of the 2020 Federal Budget to respond to the Senate's motion, and has no plan to help every stranded Australian return home; and
(b) calls on the Morrison Government to bring our stranded Australians home by Christmas, as the Prime Minister promised he would do.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The evidence presented to the 2020-21 budget estimates hearings, which confirmed the Morrison Government is always there for the photo op and never there for the follow up and that, despite delivering a Budget that racks up a trillion dollars of debt, the Budget still doesn't create the jobs Australians need.
The document was unavailable at the time of publication
That the Senate take note of the document.
That the Senate take note of the document.
It became clear through the review that an Office of Road Safety should be established immediately.
It means so much. It's not just a Nike tick: it's a flag; it means our life; it means our community.
Broadcasting Services Amendment (Regional Commercial Radio and Other Measures) Bill 2020
Health Insurance Amendment (Administration) Bill 2020
Social Services and Other Legislation Amendment (Omnibus) Bill 2020
Veterans' Affairs Legislation Amendment (Supporting the Wellbeing of Veterans and Their Families) Bill 2020
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
BROADCASTING SERVICES AMENDMENT (REGIONAL COMMERCIAL RADIO AND OTHER MEASURES) BILL 2020
Bill 2020 (the Bill) includes a range of deregulatory measures that will allow regional commercial radio broadcasting licensees to satisfy their local content obligations in a more flexible manner.
The Bill makes minor amendments to the Broadcasting Services Act 1992 (BSA) which will ease the regulatory burden on, and make regulatory compliance easier for, regional commercial radio and regional commercial television broadcasters.
Local content obligations for regional commercial radio broadcasters are designed to support the availability of local news and information that regional Australians value. The Bill will introduce greater flexibility and lower the compliance burden for licensees in meeting their local content obligations, while ensuring the continued availability of local content to regional Australians.
The Bill also includes a measure which will amend the Australian content multi‑channel quota obligation for regional and remote commercial television broadcasting licensees. This measure is intended to assist licensees to satisfy their obligations when they have affiliation agreements with metropolitan broadcasters which mean that they have limited or no control over the amount of Australian content they broadcast.
The measures that the Bill proposes will provide licensees with greater flexibility and certainty in delivering broadcasting services in regional areas to provide greater sustainability of regional voices, preserving greater choice for regional audiences.
Commercial radio measures
The BSA places a range of local content obligations on regional commercial radio licensees, in order to support the ongoing availability of local content in regional Australia. This includes the general obligation to provide a minimum amount of material of local significance (local content) per business day.
The regional commercial radio industry has informed the Government that it considers a number of the requirements associated with the local content and minimum services standards obligations to be inflexible, impractical or overly burdensome.
The measures contained in Schedule 1 of the Bill, will provide industry with more flexibility in acquitting its local content and minimum service standards obligations.
The Bill makes amendments to the exemption period provisions for both the local content and minimum services standards obligations so that they are more flexible. These provisions currently provide default five‑week exemption periods for both obligations, over the Christmas and New Year holiday period. However, these are not the only times of the year licensees may face similar staffing and resource pressures.
The Bill also removes the requirement for trigger event licensees to develop a local content plan, and replaces this with a requirement to prepare and publish a local content statement.
Commercial television measures
Currently, the BSA requires commercial television broadcasting licensees to broadcast minimum levels of Australian content: at least 1,460 hours of Australian programming across their multi-channels during between 6 am and midnight.
Metropolitan television networks provide regional and remote commercial television broadcasting licensees with content under affiliation agreements. Some licensees in regional and remote licence areas have faced barriers to providing the required amount of Australian content if they do not carry the full suite of multi‑channels that metropolitan networks deliver. This is especially likely where metropolitan affiliates decide to schedule a significant portion of their multi‑channel Australian content on a channel not carried by all regional and remote licensees.
The Bill will also permit regional and remote commercial television broadcasting licensees to be deemed to have complied with the multi-channel quota obligation under certain circumstances, even if they have not broadcast the required 1,460 hours.
The measures that the Bill proposes will provide licensees with greater flexibility and surety in delivering broadcasting services in regional areas to provide greater sustainability of regional voices, preserving greater choice for regional audiences.
Importantly, the Bill will not lower the amount of local content that is currently available to regional audiences on commercial radio.
Likewise, the Bill will not affect the multi‑channel Australian content obligations placed on metropolitan television licensees, whose content forms the basis of multi-channels broadcast in regional and remote Australia. The Bill also will not affect the current Australian drama, children's and documentary quotas, which continue to apply whether that content is broadcast on primary channels or multi-channels.
I commend the Bill.
HEALTH INSURANCE AMENDMENT (ADMINISTRATION) BILL 2020
The Bill amends the Health Insurance Act 1973 to make minor changes to Australian Government administrative processes relating to Medicare. These changes do not affect the existing arrangements for patients or health professionals.
Medicare subsidises access to health services by providing a 'benefit' for clinically relevant services performed by an appropriate health professional. Currently, there are almost 6000 services listed on the Medicare Benefits Schedule. The legal basis for most of the Medicare Benefits Schedule exists in regulations which contain tables of medical, diagnostic imaging and pathology services.
The Health Insurance Act 1973 currently provides that these regulations cease to be in force annually. As a result, they need to be remade each year to ensure that Medicare benefits can continue to be available to patients.
The annual sunset period has been in the Actsince the inception of Medicare and was used to provide an up-to-date record of Medicare items each year. This process is now unnecessary, as the Legislation Act 2003 requires compilations of all legislative instruments to be published on the Federal Register of Legislation.
The Bill removes the annual sunset period to reduce unnecessary administrative work and mitigate the risk that an error during the remake process could affect patient entitlements to benefits under Medicare.
The Bill also removes several redundant provisions in the Act which are no longer required. This includes removing references to the establishment and operation of the Medicare Benefits Advisory Committee which has not been active for more than 20 years, removing calculations relating to Medicare benefits which are no longer used, and removing references to historical requirements for optometrists to reflect modern administrative arrangements.
To conclude, the Bill makes minor administrative changes to improve the operation of the Health Insurance Act 1973 . The Bill does not affect which services are available on the Medicare Benefits Schedule, who is entitled to Medicare benefits, or the amount of Medicare benefits.
SOCIAL SERVICES AND OTHER LEGISLATION AMENDMENT (OMNIBUS) BILL 2020
This Bill make minor technical and administrative amendments to social services portfolio legislation and consequential amendments to other legislation.
This Bill amends secrecy provisions in social services portfolio legislation to require the Department of Social Services and Services Australia to comply with compulsory notices issued by Royal Commissions where such notices cover information protected by those secrecy provisions.
While the Department of Social Services and Services Australia choose to comply with Royal Commission notices that seek access to information covered by secrecy provisions, it is appropriate for the department and Services Australia to be compelled to provide information, rather than having a discretion to do so. This will safeguard the provision of information to allow the important work of Royal Commissions. Royal Commissions must use any information provided in response to a compulsory notice in accordance with the Royal Commissions Act 1902 .
The Bill makes minor amendments to two offence provisions in the Social Security (Administration) Act 1999 relating to the reckless provision of false or misleading documents, or the reckless making of false or misleading statements, to clarify that the offences can apply where Services Australia assesses a claim by using an automated process.
The Bill also include numerous amendments that will remove obsolete provisions, correct errors, update legislation and improve the operation of legislation.
Correcting errors, providing clarification and repealing counterproductive, unnecessary or redundant provisions assists with ensuring the law is easily accessible, while continuing to deliver on policy outcomes.
VETERANS' AFFAIRS LEGISLATION AMENDMENT (SUPPORTING THE WELLBEING OF VETERANS AND THEIR FAMILIES) BILL 2020
Today I present legislation to the Senate that is designed to improve the wellbeing of veterans and their families.
The Wellbeing Bill addresses three key elements — it implements the Government's commitment to create a Veteran Family Advocate, announced on 5 February 2020.
It provides changes to better support the transition from ADF service to civilian employment.
And finally, it ensures all recipients of the Gold Card are treated equally in terms of their benefits.
Earlier this year, the Government announced two key roles — the National Commissioner for Defence and Veteran Suicide Prevention, which will be complemented by the Veteran Family Advocate.
The Government has brought forward legislation to establish the National Commissioner, while this Bill will establish the Veteran Family Advocate as a new Commissioner to work as part of the Repatriation Commission and Military Rehabilitation and Compensation Commission.
These Commissions are responsible for supporting the administration of veterans' legislation and providing advice to Minister and Government in relation to these Acts.
The Veteran Family Advocate will work with veterans' families to build our understanding of risk and protective factors relating to the wellbeing of veterans and their families, particularly during transition from the ADF.
They will be responsible for directly engaging with the families of veterans, to help shape policy, improve the design of all veteran programs and services, including mental health supports and services.
In addition to performing the statutory function of representing the perspectives of veterans' families within the Commissions, they will:
The Veteran Family Advocate will support the Government's commitment to enhance the health and wellbeing of the veteran community.
They will do this by ensuring that every part of our veteran support system is focused on veterans' mental health and suicide prevention.
Only families can understand how a veteran feels at a particular moment and the nature of the particular problems their loved ones face.
The Government cannot solve the complex problems faced by veterans without the assistance of their families.
It is the start of a partnership between these Commissions and the families of veterans.
We all want to support veterans to the best of our ability, whether we are family or Government.
By working together we can achieve better results for our veterans.
Schedule 2 of the Bill facilitates flexibility in the way programs can be designed to assist the transition from the ADF to the civilian work force.
This will allow for the established of new programs, such as the Support for Employment Program through the Military Rehabilitation and Compensation Regulations 2020.
The Regulations will contain the details of the employment assistance or benefits, as well as who they will be provided to and in what circumstances they can be provided.
Once established through the Regulations, this program will provide eligible veterans with both pre- and post-employment assistance.
This includes career advice, coaching, assistance with skills translation, resume and interview preparation, and coaching to adapt to the structure and styles of communication in civilian employment.
This will ensure similar employment support is available to recently transitioned veterans as is currently available to transitioning ADF members.
Schedule 3 of this Bill rectifies an unintended omission that has meant that the Energy Supplement has not been payable to some Gold Card holders because they are covered under different legislation.
It extends the provision of the energy supplement to Australian participants in the British Nuclear Tests and British Commonwealth Occupation Force and Australian residents who worked as part of Australian surgical-medical teams in Vietnam, ensuring that all Gold Card holders are treated consistently.
Our veterans were prepared to make great sacrifices when we needed them. As the Australian Defence Veterans' Covenant states: 'For what they have done, this we will do'.
This Bill supports the wellbeing of veterans, their families and the wider veteran community.
I commend the Bill to the Senate.
Education Legislation Amendment (Up-front Payments Tuition Protection) Bill 2020
Higher Education (Up-front Payments Tuition Protection Levy) Bill 2020
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
EDUCATION LEGISLATION AMENDMENT (UP-FRONT PAYMENTS TUITION PROTECTION) BILL 2020
The Education Legislation Amendment (Up-front Payments Tuition Protection) Bill 2020 expands Australia's unique and successful Tuition Protection Service (TPS) to cover domestic higher education students who pay their study costs up front. This will ensure that higher education students receive the same high quality Government-backed tuition protection regardless of whether they pay up front or access a HELP loan for their study costs.
These new tuition protection arrangements will ensure that domestic higher education students who pay for their study costs up-front are supported if their private higher education provider stops teaching or closes entirely. Students protected under these new arrangements will be assisted to complete their studies in a similar course with another provider and gain their qualification, or they may receive a refund for tuition payments they had made for those units of study which were not fully delivered by their provider.
The TPS successfully delivers tuition protection for international students and domestic students who receive Commonwealth assistance in the form of a HELP or VSL loan to support their studies. The TPS is a well respected and proven model and contributes to the strong reputation of Australia's international education sector. The expansion of the TPS to include domestic higher education students who pay tuition fees for their studies up front contributes to the Government's ongoing commitment to safeguard the integrity and quality of Australia's higher education sector.
The Bill also provides that from 1 January 2021, the new tuition protection arrangements will:
In 2019, a number of providers and the peak bodies who represent the sector provided feedback to the Senate Enquiry to the Education Legislation Amendment (Tuition Protection and Other Measures) Bill 2019 (which is now enacted), seeking the extension of the TPS to higher education students who pay their study costs up front. Private higher education providers will also no longer be required to maintain separate burdensome and costly assurance arrangements for these up-front paying students.
In light of the ongoing COVID-19 pandemic, and its impacts on the higher education sector, these new tuition protection arrangements provide an additional measure of assurance to domestic up-front fee paying students that they will be assisted in the event that their provider closes or stops teaching a course from 2021. These arrangements will encourage people to invest in their education and gain a qualification, knowing that they will be protected by Government-backed arrangements, so they can help expand Australia's skilled workforce and support growth in our economy.
I commend the Bill.
HIGHER EDUCATION (UP-FRONT PAYMENTS TUITION PROTECTION LEVY) BILL 2020
I am also introducing the Higher Education (Up-front Payments Tuition Protection Levy) Bill 2020 that gives effect to the up-front payments tuition protection levy. This levy is part of the new tuition protection arrangements to protect domestic higher education students who pay for their study costs up front in event of a provider ceasing to deliver a course or closing.
The levy framework reflected in the Bill has been developed by the Australian Government Actuary and is broadly consistent with the levy structure used by the successful Tuition Protection Service (TPS) for international students, and students accessing HELP and VET Student Loans.
The Bill imposes a levy on private higher education providers that have domestic students who pay for their higher education study costs up front. The levy has three components—an administrative component, determined by an annual legislative instrument made by the Minister, a risk rated premium component, and a special tuition protection component, which the Higher Education Tuition Protection Director sets annually by legislative instrument. The Treasurer is required to approve the legislative instrument made by the Higher Education Tuition Protection Director.
The strong governance arrangements of the TPS, including an Advisory Board, and flexibility in the levy framework, will ensure the levy settings can respond to emerging trends in the higher education sector, and reward low-risk providers through imposing lower levies. This is essential as it ensures sustainability of the Government's tuition protection model, rewards providers when the sector is stable, and encourages providers to do the right thing by their students
I commend the Bill.
Family Law Amendment (Risk Screening Protections) Bill 2020
Economic Recovery Package (JobMaker Hiring Credit) Amendment Bill 2020
(1) Schedule 1, page 3 (after line 26), after item 4, insert:
4A After section 7
Insert:
7A Requirements for rules that provide for jobmaker hiring credit scheme—reporting of aggregated scheme information
(1) This section applies if rules are made for the purposes of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.
(2) The rules must require the Commissioner to make publicly available as soon as practicable after the end of each quarter the following aggregated information in relation to entities receiving payments under the scheme for the jobmaker hiring credit:
(a) the number of entities that received payments under the scheme during the quarter;
(b) the number of employees employed by the entities at the end of the quarter;
(c) the total payroll of all the entities for the quarter;
(d) a comparison of the amounts in paragraphs (a), (b) and (c) with the amounts for the previous quarter.
(3) Rules made for the purposes of subsection (2) must also provide for reporting of that information aggregated across different sizes of businesses and across different regions of Australia.
(4) In this section:
quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.
The committee divided. [18:16]
(The Chair—Senator Lines)
(1) Schedule 1, page 3 (before line 27), before item 5, insert:
4B Before section 8
Insert:
7B Requirements for rules that provide for jobmaker hiring credit scheme—reporting of information about high income employers
(1) This section applies if rules are made for the purposes of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.
(2) The rules must provide that the Commissioner must, as soon as practicable after the end of each month, make publicly available the information referred to in subsection (3) for an entity that:
(a) is receiving or has received the jobmaker hiring credit; and
(b) is covered by subsection (4).
(3) The information is as follows:
(a) the entity's ABN (within the meaning of the Income Tax Assessment Act 1997 ) and name;
(b) the total number of employees employed by the entity as at the end of the month;
(c) the total amount of payments of jobmaker hiring credit paid to the entity during the month;
(d) the total amount of payments of jobmaker hiring credit paid to the entity during the relevant period up to the end of the month.
(4) An entity is covered by this subsection if the Commissioner has reported information under section 3C of the Taxation Administration Act 1953 in relation to the entity at any time during the 2 year period ending at the end of the relevant month.
Note: Under section 3C of the Taxation Administration Act 1953 the Commissioner is required to publicly report certain information about corporate tax entities with reported total incomes above certain high income thresholds.
(5) To avoid doubt, for the purposes of section 355‑50 of the Taxation Administration Act 1953 , subsection (2) of this section and rules made for the purposes of that subsection create a duty to make information available.
(1) Schedule 1, page 3 (before line 27), before item 5, insert:
4C Before section 8
Insert:
7C Requirements for rules that provide for jobmaker hiring credit scheme—whistleblowing and complaints measures
(1) This section applies if rules are made for the purposes of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.
(2) The rules must provide for the following in relation to the scheme for the jobmaker hiring credit:
(a) whistleblowing processes; and
(b) processes for making and handling complaints.
(3) The rules must also require the Commissioner to publish, on a periodic basis during the relevant period and at the end of the scheme, general information about the complaints that have been made in relation to the scheme, including:
(a) the number of complaints received; and
(b) the key issues or behaviours that are the subject of complaints.
The committee divided. [18:28]
(The Chair—Senator Lines)
(1) Schedule 1, page 3 (before line 27), before item 5, insert:
4D Before section 8
Insert:
7D Requirements for rules that provide for jobmaker hiring credit scheme—evaluation of the scheme
(1) This section applies if rules are made for the purposes of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.
(2) The rules must require that:
(a) an evaluation of the scheme for the jobmaker hiring credit must be conducted 6 months and 12 months after the beginning of the relevant period; and
(b) a report on each of those evaluations must be provided to the Treasurer and published on the Department of the Treasury's website.
(3) Rules made for the purposes of subsection (2) must require that:
(a) each evaluation is conducted within 30 days of the end of the period the subject of the evaluation; and
(b) the report of the evaluation is made publicly available by the end of that 30 day period.
(1) Schedule 1, page 3 (before line 27), before item 5, insert:
4E After section 7
Insert:
7E Requirements for rules that provide for jobmaker hiring credit scheme—ineligibility for paying increased executive bonuses
(1) This section applies if rules are made for the purposes of subsection 7(1A) that provide for a kind of payment known as the jobmaker hiring credit.
(2) The rules must provide that an entity is not eligible for the payment at any time during the relevant period if:
(a) during the period beginning on 1 March 2020 and ending at the end of the relevant period the entity pays a bonus to an executive or other officer of the entity; and
(b) the Commissioner is satisfied that the amount of the bonus exceeds the amount of the last such payment made by the entity to the officer.
The committee divided. [18:42]
(The Chair—Senator Lines)
That this bill be now read a third time.
Social Services and Other Legislation Amendment (Coronavirus and Other Measures) Bill 2020
At the end of the motion, add: ", but the Senate:
(a) notes that:
(i) since the start of the recession, the number of people relying on unemployment payments has doubled,
(ii) many pensioners—including those on the Age Pension, Disability Support Pension and Carer Payment—have faced increased costs during the pandemic, and
(iii) the Minister has the power under the Social Security Act to extend the Coronavirus Supplement; and
(b) calls on the Government to:
(i) extend the $250 per fortnight Coronavirus Supplement until March, in line with JobKeeper,
(ii) better support pensioners—including Age Pension, Disability Support Pension and Carer Payment recipients—facing increased costs in protecting their health because of the coronavirus pandemic, and
(iii) announce a permanent increase to the base rate of the JobSeeker Payment".
… it's a bit of a relief, but it's no solution Fran. We need a permanent solution here, a permanent increase for this allowance … we need an allowance that gives people a dignified life that does not see them fall into incredible poverty, where they will not be able to get back into the labour market. We need the skills system to wrap around the many people who find themselves in JobSeeker. But my point is simply this why shouldn't unemployed people have the same certainty and predictability instead of living from three months to three months, and get a decent, adequate allowance that allows them to live lives of dignity.
It is not only for ourselves that we have erected this visible remembrance of great deeds, but rather that those who come after us and have not experienced the horrors of war, or realised the wanton destruction and utter futility of it all, may be inspired to devise some better means to settle international disputes other than by international slaughter. This memorial is the seal of South Australia's homage to her sons, who in the ranks of brave company from all parts of the Empire, gave their lives during the Great War.
Get off your black arse and, instead of wasting time on Djab Wurrung country, do some work. Taxpayers' money was not meant for fat arsed women. Devote your time going to the gym to exhaust your hormonal frustration and lose some weight.
… some hundreds of millions of Euros were tucked away in particular sectional accounts and did not appear on the balance sheet.
Let her death not be in vain.
She's been a motivator, sitting on my shoulder saying 'We've got to do something about it'.
I didn't even know what suicide was. And—
kept going on and on, with diabetes, cardiac disease and everything.
Yolngu people were dying at an unnecessary age, along with knowledge and wisdom … and that's what inspired me to get into health.
For so many years, we've always been getting teachers from down south to come up and work and live among us, to help us, and have their expertise.
And I said 'Look, we—
can do that too.'
It meant that we knew the kids better … and the families. So why not become a teacher as well?
We don't have to go when our contracts are finished.
… Prime Minister Hun Sen and the ruling Cambodian People's Party (CPP) have continued to benefit from the unquestioning support of senior officials in the army, gendarmerie, and police to effectively eliminate all political opponents and dissolve the main opposition party, rendering the July 2018 national elections meaningless. Cambodia now has more than 50 political prisoners and dozens of others facing charges.
In Cambodia, political and social activists, trade union leaders, and journalists have been routinely arrested, beaten or murdered in connection with their opposition to ruling party policies and practices.
Given that the advances in medical science mean that children are now capable of being born alive at 24 weeks of a woman's pregnancy, would you support a review of section 82A(8) of the Criminal Law Consolidation Act 1935 which says that "evidence that a woman had at any material time been pregnant for a period of twenty-eight weeks or more shall be prima facie proof that she was at that time pregnant of a child capable of being born alive" with a view to bringing it into line with current medical science and so changing the period to 24 weeks?
A Marshall Liberal Government will not be introducing legislation on this issue.
I deeply regret that the medical profession—and the lawyers—interpreted the law too widely …
It has become abortion on demand. I didn't intend it to be that. The best thing was to leave individual cases to the judgement of the medical professional.
… … …
We've got abortion on demand. I have taken the rap for it. It is something I regret.
Here, we have an LNP senator—
using taxpayer money to bag Labor for not getting this done—
The LNP Senator Scarr used taxpayer funds to condemn Queensland Labor for not committing to build the Coopers Plains rail crossing.
The ethical standards required of Ministers in Australia's system of government reflect the fact that, as holders of public office, Ministers are entrusted with considerable privilege and wide discretionary power.
Ministers must not engage in sexual relations with their staff.