The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 10:00, read prayers and made an acknowledgement of country.
Migration Amendment (New Maritime Crew Visas) Bill 2020
… that does not have bipartisan support and we need it passed.
Reduced transparency or secrecy surrounding complex financial and ownership arrangements are factors that can make FOC ships more attractive for use in illegal activity, including by organised crime or terrorist groups.
In giving evidence to the Coronial Inquest, Captain Salas admitted that he had assaulted a crew member on several occasions, and that he facilitated the purchase of guns. Captain Salas organised for crew to complete gun applications, collected money for the guns (with the guns to be collected in the Philippines), and 'kept a small commission for his administrative efforts'.
… this government has done nothing to ensure that these foreign workers are subject to robust background checking.
… level the playing field to make sure that foreign workers are subject to the same kinds of background checks that hardworking Australians face …
COAG Reform Fund Amendment (No Electric Vehicle Taxes) Bill 2020
That the question be now put.
The Senate divided. [11:54]
(The President—Senator Ryan)
The Senate divided. [11:58]
(The President—Senator Ryan)
Snowy Hydro Corporatisation Amendment (No New Fossil Fuels) Bill 2021 [No. 2]
Building a government-owned gas power station in the middle of a climate crisis is the equivalent of asking the Australian public to jump onto a sinking ship without a safety raft.
National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Bill 2020
Native Title rights have been extinguished at the specified site; however, the Aboriginal heritage, either tangible or intangible, may still be present. The land was voluntarily nominated by its owners for selection as the site for the Facility. Additionally, the process for acquiring any additional land to extend the site for the purposes of establishing and operating the Facility or for allweather road access includes a consultation period.
… the Nationals have always been opposed to a net-zero target. … If the Nationals supported net-zero emissions we would cease to be a party that could credibly represent farmers.
That the Senate take note of the answers given by the Minister for the National Disability Insurance Scheme (Senator Reynolds) and the Minister for Finance (Senator Birmingham) to the questions asked by Senator Green and Senator Keneally.
That the Senate takes note of the answer given by the Minister representing the Treasurer (Senator Birmingham) to a question without notice asked by Senator Siewert today relating to charity law.
The proposed changes to the ACNC governance standards will diminish our democracy—
They will silence some charities by creating fear about potential repercussions. They will impose new limitations on staff and others involved in charities and their capacity to express a view. They will impose significant new regulatory burdens on many charities—
They will not achieve their policy purpose. They will diminish the capacity of our communities to voice their concerns.
That leave of absence be granted to the following senators from 21 to 24 June 2021:
(a) Senator Askew, for personal reasons; and
(b) Senator Chandler, for personal reasons.
Coronavirus Economic Response Package Amendment (Ending Jobkeeper Profiteering) Bill 2021
That the following bill be introduced: A Bill for an Act to amend the Coronavirus Economic Response Package (Payments and Benefits) Act 2020, and for related purposes. Coronavirus Economic Response Package Amendment (Ending Jobkeeper Profiteering) Bill 2021.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Greens are introducing the Ending JobKeeper Profiteering Bill because someone has to hold greedy big corporations to account in this country. The Morrison Government has shown that it is completely unwilling to do so.
In exchange for millions of dollars in political donations from the big end of town, the Liberal and National parties govern in their interests. For years, big corporations have been lining up and getting all sorts of handouts from this government. At the same time, one in three of them do not pay any tax.
During the pandemic, these handouts have included JobKeeper payments. The Morrison Government is allowing big corporations—who have made giant profits and handed over bonuses to their super wealthy directors—to keep public money that was meant to be for workers' wages. The Greens say, very simply: if you're making enough money to buy a private jet or pay executive bonuses, then you should pay back JobKeeper.
This Bill ensures that big corporations are incentivised to do just that. It puts a hold on them claiming GST input credits for up to ten years, unless they repay the amount of JobKeeper funds that they used to profiteer instead of helping their workers. That means those big companies that made profits, paid dividends and/or paid executive bonuses during the financial year they received JobKeeper payments will be motivated to pay it back.
This Bill also introduces some much-needed transparency around the JobKeeper scheme. It requires the Australian Taxation Office to publish a list of big corporations which received JobKeeper payments, and how much they received. This will end the Morrison Government-approved secrecy around JobKeeper profiteering.
The independent Parliamentary Budget Office estimates that over $1 billion in JobKeeper funds has gone to just 65 big corporations, who then went on to make big profits and paid dividends or gave out executive bonuses. This is just the tip of the iceberg, because the government refuses to say just how much public money went in the form of handouts to billionaires and big corporations who were making out like bandits already.
Many of us have been pleading with the billionaires and the big corporations to give it back. But it's not enough to just ask them to pay back JobKeeper; the government and Parliament have to make them do it. Simply appealing to these billionaires' better natures won't work, because they don't have better natures. Billionaire magnate Gerry Harvey, chairman of the Harvey Norman corporation, continues to refuse to pay back JobKeeper, despite the big profits made by the company—hundreds of millions of dollars. He had literally a captive audience during the lockdown. People were shovelling money through the front door, but he had his hand out for more money from the government, which this government was only too willing to give him.
Many small businesses and many workers were able to stay afloat because of JobKeeper. Many businesses that went on to turn a profit have paid some or all of the JobKeeper they received back, but not billionaire Gerry Harvey and not the Harvey Norman corporation.
Instead of lining the pockets of billionaires like Gerry Harvey, the more than $1 billion in JobKeeper profiteering should go to things like schools and hospitals and lifting Australians out of poverty.
I commend this bill to the Senate and urge all parties to support it. It's time to force the billionaires and the big corporations to do the right thing and pay back JobKeeper.
That there be laid on the table by the Minister representing the Minister for Agriculture, Drought and Emergency Management, by no later than 7.20 pm on Tuesday, 22 June 2021, the latest version of the Australian Animal Welfare Standards and Guidelines for Poultry produced by the Independent Poultry Welfare Panel and/or the Department of Agriculture, Water and the Environment.
That the Ministerial Suitability Commission of Inquiry Bill 2021 be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 10 August 2021.
The Senate divided. [15:44]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes that the Murray-Darling Basin Plan is a bipartisan framework for the sustainable use of water in the Murray-Darling basin system;
(b) supports a river system that has healthy ecosystems, agricultural production, sustainable local communities and encourages First Nations cultural practices;
(c) further notes the commitment of the Minister for Resources, Water and Northern Australia (Mr Pitt) to recover all of the 450 gigalitres from New South Wales and Victoria in his press release of 4 September 2020; and
(d) supports the delivery of the Murray-Darling Basin Plan, in full and on time.
That the Senate calls on the Federal Government to reject critical race theory from the national curriculum.
The Senate divided. [16:16]
(The Deputy President—Senator Lines)
Ministerial Suitability Commission of Inquiry Bill 2021
That so much of the standing orders be suspended as would prevent the motion being moved immediately and determined without amendment or debate.
The Senate divided. [16:25]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes:
(i) the International Energy Agency has documented that to achieve net zero emissions requires, from the year 2021, ̔no new oil and gas fields approved for development',
(ii) the immense amounts of pollution that will be released from these gas fields that will blow Australia's carbon budget and ruin any hope of Australia doing its fair share to stop runaway global warming:
(A) Santos' Barossa gas field,
(B) Woodside's Scarborough gas field,
(C) Santos and Energy Australia's Narrabri gas field in the Pilliga, and
(D) Origin Energy, Santos, Empire Energy's Beetaloo Basin, and
(iii) that in the last nine years these gas companies, their owners and directors have donated at least $3,457,641 to the Liberal and National parties and $2,377,838 to the Labor Party for a total $5,835,469 in political donations; and
(b) calls on the Australian Government to stop taking donations from the companies behind these destructive projects that will turbocharge the breakdown of the world's climate system.
The Senate divided. [16:34]
(The Deputy President—Senator Lines)
That so much of standing orders be suspended as would prevent motion No. 1135 being moved immediately and determined without amendment or debate.
That the Senate—
(a) recognises the selfless contribution of paramedics across our nation to Australia's efforts to combat the COVID-19 pandemic;
(b) notes that paramedics:
(i) are one of Australia's most trusted and ethical professions, and
(ii) during their service providing lifesaving care to those in need, are:
(A) at the highest risk of workplace violence compared with other healthcare workers,
(B) twice as likely to develop post-traumatic stress disorder than other emergency services workers,
(C) twice as likely to suicide compared to the general public, and
(D) have the highest risk of workplace injury of any profession in Australia;
(c) acknowledges the significant personal risk as well as the physical and mental health impacts that paramedics experience whilst serving as frontline health professionals in our community; and
(d) calls on state and territory leaders to ensure that those who practise in the field of paramedicine receive the support and recognition they deserve for their incredible service.
Question agreed to.
That the Senate—
(a) recognises that, over the course of the last week, heavy rains and strong winds have devastated significant parts of Victoria, particularly in the Gippsland region;
(b) notes that, as a result of these weather conditions, many Victorians have incurred significant damage to their homes and businesses and that some remain without electricity, communications services and ready access to drinking water;
(c) acknowledges the tireless work of emergency service personnel and volunteers who have laboured to protect life and property and restore services to those in need; and
(d) expresses its sincere condolences to those who have regrettably lost loved ones.
That the Senate—
(a) notes:
(i) the Morrison Government's failure to keep Victorians safe because of its disastrous vaccine roll out and failure to build fit for purpose quarantine facilities,
(ii) that vulnerable aged care residents and workers have therefore been put in harm's way by the Federal Government, and
(iii) that as Victorians faced new COVID-19 outbreaks due to a South Australian hotel quarantine breach the Minister for Senior Australians and Aged Care Services claimed 'a very positive record across the board with respect to maintaining a safe border for Australia'; and
(b) calls on the Federal Government to:
(i) build dedicated quarantine facilities in every state and territory, and
(ii) complete the vaccine roll out.
The Senate divided. [16:44]
(The Deputy President—Senator Lines)
That so much of the standing orders be suspended as would prevent Senator Whish-Wilson moving the motion immediately and the motion being determined without amendment or debate.
That so much of the standing orders be suspended as would prevent Senator Whish-Wilson making a statement about notice of motion No. 1143.
The Senate divided. [16:49]
(The Deputy President—Senator Lines)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
Members of the Morrison Government have called for ads on the ABC and for Australia's national youth broadcaster, Triple J, to be sold. The Senate agrees that the public broadcaster should remain ad free and that Triple J should not be privatised.
SBS's unique hybrid funding model means that commercial returns may be channelled back into curating Charter-focused content, while continued government funding supports allows for stability and long-term creative ambitions to be realised.
SBS may broadcast advertisements and sponsorship announcements that run in total for not more than five minutes in any hour of broadcasting. Revenue from advertisements and sponsorship announcements assists in the funding of programming which fulfils SBS's Charter obligations.
All decisions regarding commercial revenue are subject to the overriding principle that the integrity of the SBS Charter and SBS's editorial independence are paramount. SBS reserves the exclusive right to determine what is broadcast on SBS services.
The ABC is now operating with the smallest budget since the Howard Government's extraordinary 2% funding cut in its first budget, in 1996, which removed $55 million from the ABC's triennial funding.
Senator the Hon Scott Ryan
President of the Senate
Parliament House
CANBERRA ACT 2600
Dear Mr President
Please find enclosed responses to questions asked by Senator the Hon Kimberley Kitching taken on notice during question time on 11 May 2021.
Yours sincerely
Linda Reynolds
Q1: How many thousands of taxpayer dollars did the Morrison government spend on legal advice and lawyers to deny Liam his $445 seizure mat?
Q2: Could you answer the question about what you spent in legal costs?
Q3: Why then did the National Disability Insurance Agency still deny Liam the support he needed?
A1, 2 and 3: Circumstances relating to this case are currently under review by NDIA. The outcomes will be communicated to the family prior to any public commentary.
That the Senate take note of the document.
Q1: How many thousands of taxpayer dollars did the Morrison government spend on legal advice and lawyers to deny Liam his $445 seizure mat?
Q2: Could you answer the question about what you spent in legal costs?
Q3: Why then did the National Disability Insurance Agency still deny Liam the support he needed?
Circumstances relating to this case are currently under review by NDIA. The outcomes will be communicated to the family prior to any public commentary.
... my chief of staff has been in contact with Mr Danher, and I have, through my chief of staff, offered to either in person or on the phone talk with Mr Danher myself.
If my chief of staff does something on my behalf, then I consider that is the case. And I did, on further questioning, clarify that point, that it was in fact my staff.
That the Senate take note of the document.
So, the vaccination record gets updated with every vaccination you receive. So, after your first dose, you'll be able to look at your vaccination certificate online, or indeed, go and print it out or the vaccination provider can print it out for you, and you'll see that it'll have the first dose, and then you'll see it'll have the second dose.
… so it'll be able to be provided in hard copy, either through the vaccination provider or through Services Australia, if you call us we'll send it to you or pop into a service centre.
This request is premised by an assumption that Services Australia provides COVID-19 vaccination certificates—
to individuals immunised against COVID-19. This is not the case, as the proof-of-vaccination process is customer initiated, and the production and potential sharing of any proof of vaccination is controlled by the individual solely.
That senators be discharged from and appointed to committees as follows:
Northern Australia—Joint Standing Committee—
Discharged—Senator Siewert
Appointed—Senator Thorpe
Trade and Investment Growth—Joint Standing Committee—
Appointed—Senator Steele-John
Biosecurity Amendment (Strengthening Penalties) Bill 2021
Treasury Laws Amendment (2021 Measures No. 4) Bill 2021
Farm Household Support Amendment (Debt Waiver) Bill 2021
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.
This Bill is about sending a clear message to individuals and companies who put at risk Australia's $61 billion agriculture industry and over $1 trillion in environmental assets by contravening the Biosecurity Act 2015 .
A strong biosecurity system is critical to Australia's prosperity. Biosecurity laws protect agriculture, tourism and other industries, plant and animal health, the environment, and our market access. They are necessary to allow us to trade and for our nation to continue to thrive.
Australia's biosecurity system faces growing regional and global threats such as African Swine Fever and hitchhiker pests like khapra beetle and Brown Marmorated Stink Bug. As we look towards our economic recovery from COVID-19, the growth in trade and travel will only further emphasise these biosecurity threats.
This Bill increases a number of civil and criminal penalties under the Biosecurity Act to ensure they are appropriate, adequate and fit the crime. It targets key provisions of the Biosecurity Act where non-compliance has the potential to cause a significant and unacceptable risk for Australia's biosecurity status.
While we all play a role in protecting Australia's biosecurity, these amendments focus on individuals and businesses, such as commercial importers and biosecurity industry participants, that have a particular responsibility to know and understand their obligations under the Act and take the steps required to comply with the law.
This Bill ensures that penalties are set at a level that means they are not merely a cost of doing business. These maximum penalties, in some cases up to $1.1 million, reflect the potential gains someone might obtain or seek to obtain through non-compliance with our biosecurity laws, as well as devastating impact that contraventions may have on Australia's biosecurity status, market access and economy.
The increased civil penalties introduced by this Bill will serve as a significant deterrent to anybody considering undermining our biosecurity laws and the criminal penalties will allow a proportionate and appropriate punishment for contraventions of the Act.
The biosecurity system is constantly evolving, with new threats from pests and diseases emerging. We are continually reviewing the effectiveness of the Biosecurity Act to respond to these threats and are committed to the management of biosecurity risks associated with imported goods.
This Bill aligns with recommendations of the Inspector-General of Biosecurity for stronger penalties for serious non-compliance and builds on our continued commitment to ensuring adequate penalties for non-compliance, as demonstrated by the amendments in the Biosecurity Amendment (Traveller Declarations and Other Measures) Act 2020 which were passed last year to enable increased infringement notice amounts for travellers who fail to declare high risk goods on their incoming passenger card.
This Bill will further enable a stronger penalty system that reflects the seriousness of any breach of the Biosecurity Act so that those who flout our biosecurity laws feel the full force of the law in a manner that reflects the seriousness of their actions.
This Bill contains a number of important measures which are designed to:
• incentivise employers to retrain and reskill redundant employees;
• encourage greenfields minerals exploration;
• protect older Australians and people with a disability from financial abuse and exploitation;
• support ASIC to proactively address consumer harm;
• ensure that New Zealand maintains its primary taxing right in respect of New Zealand sporting teams; and
• deliver tax relief to around 10.2 million taxpayers.
Schedule 1 to the Bill will introduce an exemption from fringe benefits tax for employer-provided retraining and reskilling benefits provided to redundant, or soon to be redundant employees where the training is not related to the employee's current employment. This change will apply from 2 October 2020.
This will incentivise employers to retrain and reskill redundant (or soon to be redundant) employees so that they are better prepared to transition to their next career. This incentive supports the Government's skills reform agenda and current programs and assistance for education and training.
Schedule 2 to the Bill extends the Junior Minerals Exploration Incentive for a further four years from 2021-22 to 2024-25, with a minor amendment to allow unused exploration credits to be redistributed a year earlier than under current settings.
The Junior Minerals Exploration Incentive provides a tax incentive for new investment in junior exploration companies undertaking greenfields minerals exploration in Australia. Eligible companies can create exploration credits by giving up a portion of their tax losses relating to exploration expenditure, which can then be distributed to new investors as a refundable tax offset or a franking credit.
Greenfields minerals exploration underpins the Australian resources sector by finding new mineral deposits and ensuring a strong investment pipeline of new projects that will support our economy in the future. It is a high-risk activity that can involve large up-front costs and long timeframes before any return on the exploration is made.
In conjunction with Australia's broader support for resources development, the Junior Minerals Exploration Incentive will help to open up new opportunities for the sector into the future.
Schedule 3 to the Bill provides a targeted capital gains tax exemption for granny flat arrangements where there is a formal written agreement in place.
Capital gains tax consequences are currently an impediment to the creation of formal and legally enforceable granny flat arrangements. When faced with a potentially significant capital gains tax liability, families often opt for informal arrangements, which can lead to financial abuse and exploitation for example, following a family or relationship break down.
The changes mean that capital gains tax will not apply to the creation, variation or termination of a formal written granny flat arrangement providing accommodation for older Australians or people with disability. The measure encourages the take up of formal agreements between families, reducing the risk of abuse to vulnerable Australians.
Schedule 4 to the Bill makes technical amendments to the Australian Securities and Investments Commission's product intervention power, so that it can continue to proactively address consumer harm caused by financial and credit products.
This schedule ensures the Australian Securities and Investments Commission can make a product intervention order which imposes conditions relating to the costs (fees, charges or other considerations) of a financial or credit product to a consumer where the product is suspected to cause significant consumer detriment.
The Legislative and Governance Forum on Corporations was notified of the measure as required under the Corporations Agreement 2002 and theNational Credit Law Agreement 2009 .
Schedule 5 to the Bill ensures that New Zealand maintains its primary taxing right under the Convention between Australia and New Zealand for the Avoidance of Double Taxation with Respect to Taxes on Income and Fringe Benefits and the Prevention of Fiscal Evasion (the Convention). This is in respect of members of New Zealand sporting teams and support staff that spend an extended period of time in Australia to participate in league sporting competitions because of the COVID-19 pandemic.
Due to the circumstances of the COVID-19 pandemic, in order to compete in league competitions in Australia, members of New Zealand sporting teams and support staff may have been required to spend more than 183 days in Australia in a 12-month period. This has led to Australian income tax and fringe benefits tax liabilities which normally would not arise in non-COVID circumstances.
The measure ensures that the Convention operates as intended in this situation by relinquishing Australia's taxing right that has arisen due to COVID-19. This applies to income in the 2020-21 and 2021-22 income years only.
Schedule 6 to the Bill delivers tax relief to low and middle-income earners to support household incomes and create jobs as the economy recovers.
It retains the low and middle income tax offset in 2021-22. The low and middle income tax offset is worth up to $1,080 for individuals and $2,160 for dual income households, which is paid on assessment after taxpayers lodge their tax return.
It is estimated that around 10.2 million taxpayers will benefit from retaining the low and middle income tax offset in 2021-22, with the majority of the benefits delivered to those earning less than $90,000.
This is on top of the $25.1 billion in tax relief flowing to households in 2021-22 that has been announced in previous budgets.
Retaining the low and middle income tax offset will put more money in taxpayers' pockets, allowing them to spend more and strengthen the economic recovery.
Full details of the measures are contained in the Explanatory Memorandum.
The Australian Government is committed to backing our farmers. The Farm Household Allowance (FHA) is a key element of this, ensuring we're looking out for our farmers when times get tough.
Since FHA was introduced in 2014, over $621 million in support payments have been made to over 16,500 farmers and their partners. The FHA is available to farmers and their partners for a total of 1,460 days (4 years) in every 10 years.
As conditions have improved, a cohort of FHA recipients no longer require access to this payment and are now able to preserve access to it for use again, if or when conditions deteriorate.
Right now, there are more people preserving their FHA allocations than there are new entrants.
We have said repeatedly, the story of agriculture is 'just add water'. The government is proud of the resilience of the farming community and their ability to bounce back.
When the 2018 independent review of the FHA recommended improvement, we stepped up. Our response has made it easier for farmers to access the payment when needed, and we increased the support available. These changes are having a real impact for our farming families:
The FHA story is one of change and improvement. Over 90% of respondents to the FHA exit survey advise that they have finished the program with clear expectations for their future. This is what some of them have said:
"It has been a lifesaver, providing basic financial household support which has alleviated depression and anxiety."
"This has been an unbelievable help to improve our viability as a farming business."
"Receiving the FHA helped us educate our son who will more than likely take over the farm with more education than my husband or I had."
Feedback like this demonstrates why it was so important to remove the confusing policy setting of business income reconciliation (BIR) from 1 July 2020.
Farming income is volatile, based on uncertain yields and prices, and unpredictable weather. We asked farmers to make difficult predictions about this income for the year ahead. When farmers, acting in good faith, got this wrong, BIR would make them liable for a debt.
The Farm Household Support Amendment (Debt Waiver) Bill 2021 will address historic BIR cases. We will permanently waive repayment of the majority of BIR debts between 1 July 2015 and 30 June 2020. This will give debt relief to up to 5,300 farmers and their partners.
The Bill will also ensure fairness among recipients by maintaining the 1,460 day limit on payment. FHA recipients who were re-credited days from a previously raised debt, will have the option to trade these days back in order to access the waiver. This means that no one will be able to 'double dip' on their benefit.
Importantly, this Bill will maintain the integrity of the program. It will not allow debts arising from other sources, such as undeclared wages and rental income, to be waived. Existing reporting obligations and regular compliance activities will be maintained.
Though the quantum of the debts to be waived through this Bill are modest, this measure will provide breathing space as our farming families recover from the drought, bushfires, floods and global pandemic of the last few years.
Waiving these debts will ensure that these families retain every dollar possible to help them recover, build resilience and grow their businesses.
Treasury Laws Amendment (Self Managed Superannuation Funds) Bill 2020
Message received from the House of Representatives returning the bill without amendment.
Transport Security Amendment (Serious Crime) Bill 2020
Treasury Laws Amendment (More Flexible Superannuation) Bill 2020
Treasury Laws Amendment (Your Future, Your Super) Bill 2021
Message received from the House of Representatives agreeing to the amendments made by the Senate to the bills.
National Radioactive Waste Management Amendment (Site Specification, Community Fund and Other Measures) Bill 2020
We had taken forward a proposal from the Hawker region—Senator Xenophon might be aware of that—where support was at 65 per cent. We have not put a definitive figure on broader community support, for the reason that it is not just about the overall figure; we would need a figure in the range of the support we received in Hawker.
… confidence in the decision-making process has been eroded by the flawed and divisive consultation, lack of definition and geographic definition of the community and stakeholders …
The Senate divided. [19:34]
(The Acting Deputy President—Senator O'Neill)
(1) Clause 1, page 1 (line 15), omit " Specification ", substitute "Selection ".
(2) Schedule 1, page 3 (line 1) to page 14 (line 19), omit the Schedule, substitute:
Schedule 1—Site selection
1 Certain land taken to have been nominated and approved
(1) For the purposes of the National Radioactive Waste Management Act 2012 (theAct ), the following table has effect:
(2) The land specified in this subitem is the area of land that is bounded by the line starting at the point described in item 1 of the following table and running sequentially as described in the table.
(3) The land specified in this subitem is Section 38, Hundred of Moseley, in the area named Moseley, being part of the land described in South Australian Certificate of Title Volume 5925 Folio 858.
(4) The land specified in this subitem is the whole of the land described in South Australian Crown Lease Volume 6200 Folio 237 (formerly South Australian Crown Lease Volume 1215 Folio 28), being:
(a) the allotment comprising pieces 30, 31, 32 and 33 Deposited Plan 46041 in the area named Flinders Ranges Hundred of Cotabena; and
(b) the allotment comprising pieces 40, 41, 42 and 43 Deposited Plan 46041 in the area named Flinders Ranges Hundred of Cotabena.
2 Compensation for acquisition of property
(1) If the operation of this Schedule would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in the Federal Court of Australia for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
(3) Schedule 2, item 1, page 15 (lines 9 to 11), omit the definition of local government area in section 4, substitute:
local government area means an area that, at the time the Minister makes a declaration under subsection 14(2) in relation to a site, is an area for which a local government body is constituted by or under a law of the State or Territory in which the site is situated.
(4) Schedule 2, page 15 (after line 14), after item 1, insert:
1A Subsection 22(1)
Omit "Immediately after a declaration under subsection 14(2) takes effect, the", substitute "The".
(5) Schedule 2, page 15 (after line 17), after item 2, insert:
2A Section 34A
Repeal the section, substitute:
34A Application of Part
This Part applies if:
(a) the Minister has made a declaration under subsection 14(2) that a site is selected as the site for a facility; and
(b) a facility has been constructed at the site; and
(c) a facility licence that authorises a person to operate the facility has been issued under the Australian Radiation Protection and Nuclear Safety Act 1998 .
(6) Schedule 2, item 3, page 16 (lines 1 to 4), omit paragraphs 34AA(2) (b) and (c), substitute:
(b) the local government body that serves the local government area in which the facility is situated;
(c) the government of the State or Territory in which the facility is situated.
(7) Schedule 2, page 17 (after line 27), after item 6, insert:
6A Paragraphs 34B(1 ) ( b) and (c)
Repeal the paragraphs, substitute:
(b) the State or Territory in which the facility is situated;
(c) a Commonwealth entity or an authority of the State or Territory in which the facility is situated;
(8) Schedule 2, page 18 (after line 1), after item 7, insert:
7A Subsection 34B(3)
Repeal the subsection.
(9) Schedule 3, page 19 (before line 4), before item 1, insert:
1A Section 3
Repeal the section, substitute:
3 Object of Act
(1) The object of this Act is to ensure that controlled material is safely and securely managed by providing for:
(a) the selection of a site for a radioactive waste management facility on land in Australia; and
(b) the establishment and operation of such a facility on the selected site.
(2) By ensuring that controlled material is safely and securely managed, this Act, among other things, gives effect to certain obligations that Australia has as a party to the Joint Convention, in particular, Australia's obligations under Chapters 3 and 4 of the Joint Convention.
(10) Schedule 3, page 19 (after line 23), after item 3, insert:
3A Section 4
Insert:
Joint Convention means the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, done at Vienna on 5 September 1997, as amended and in force for Australia from time to time.
Note: The Joint Convention is in Australian Treaty Series 2003 No. 21 ([2003] ATS 21)] and could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
The waste includes obsolete medical radium sources, radium-based luminescent paint powder, obsolete radium-contaminated laboratory equipment, electronic valves, luminescent watch and compass faces, night markers, and spent sealed medical sources. The radionuclides which comprise the main part of the waste are cobalt-60, radium-226, americium-241, strontium-90, and caesium-137. The waste also contains very small amounts of other radionuclides, including a minute amount of plutonium-239.
Recognition of the three shortlisted sites confirms the sites as being nominated and approved under the Act, but does not limit the Minister from approving new nominations. The Minister may declare any approved nomination as a site, and is not bound to declare one of the three shortlisted sites.
While the community ballot was just one of many measures I am considering, I have said that achieving at least a majority level of support was a necessary condition to achieving broad community support …
This ballot does not demonstrate a sufficient level of support and I will no longer consider this site an option for the facility.
(1) Amendment (2), Schedule 1, item 1, at the end of the table in subitem 1(1), add:
(2) Amendment (2), Schedule 1, item 1, at the end of the item, add:
(5) The land specified in this subitem is the land within the area determined by the Minister under subitem (6).
Minister to determine area within the Woomera Prohibited Area
(6) The Minister must, by legislative instrument, determine an area within the Woomera Prohibited Area (within the meaning of the Defence Act 1903 ) for the purposes of table item 4 of the table in subitem (1).
(7) The determination must specify each person who, on the day the determination is made, held an interest in land within the area determined in the determination that is an interest of a kind referred to in section 7 of the Act.
(8) For the purposes of subitem (6), section 72TA of the Defence Act 1903 applies as if the purposes referred to in paragraph 72TA(2) (a) of that Act include establishing and operating a facility.
Table has no effect until determination made
(9) Despite subitem (1), the table in that subitem does not have effect until the day after the Minister makes a determination under subitem (6).
Selected site within Woomera Prohibited Area
(10) If an area within the Woomera Prohibited Area determined under subitem (6) is selected as the site for a facility, the Minister administering Part VIB of the Defence Act 1903 (which deals with the Woomera Prohibited Area):
(a) must ensure that the Woomera Prohibited Area Rules made under section 72TP of that Act enable access to the selected site for the purposes of establishing and operating a facility; and
(b) must not exercise, or fail to exercise, the Minister's powers under that Part or those Rules in a way that prevents or hinders the establishment or operation of a facility at the selected site.
The committee divided. [20:32]
(The Temporary Chair—Senator Sterle)
That the bill be now read a third time.
The Senate divided. [20:38]
(The Acting Deputy President—Senator Sterle)
Fuel Security (Consequential and Transitional Provisions) Bill 2021
Omit all words after "That", substitute: "the bill be withdrawn and the Senate calls on the Government to divert the full funding amount to a national electric vehicle strategy that includes:
(a) clear consumer incentives to ensure rapid electric vehicle uptake; and
(b) public investment in a national fast charging infrastructure network".
… Australia has small and declining fuel stocks—about three weeks' worth of oil and refined fuels.
If a scenario such as a confrontation in the Asia Pacific region were to happen, our fuel supplies could be severely constrained and we do not have a viable contingency plan in place to provide adequate supplies for Australia's essential, everyday services and for our military forces.
… the Australian Government undertake a comprehensive whole-of-government risk assessment of Australia's fuel supply, availability and vulnerability. The assessment should consider the vulnerabilities in Australia's fuel supply to possible disruptions resulting from military actions, acts of terrorism, natural disasters, industrial accidents and financial and other structural dislocation.
… the Department of Home Affairs, in consultation with the Department of Defence and the Department of the Environment and Energy, review and develop measures to ensure that Australia has a continuous supply of fuel to meet its national security priorities.
Australia is the only IEA country which is a net oil importer and solely relies on the commercial stockholding of industry to meet its minimum 90-day stockholding obligation under the International Energy Program. The country does not have public stockholdings and does not place a minimum stockholding obligation on its domestic oil industry.
Guaranteed flow of oil is what's important, and its stock holding is the spring in the supply chain when it goes on and off … The Government has done little or nothing to guarantee this.