The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
That the Senate take note of the Closing the Gap ministerial statement and the Commonwealth implementation plan.
Previously there's been a lot said in club rooms and change rooms that gets swept under the carpet.
In terms of the official, I take my hat off to them. That's leadership, that's courage. It's courageous for people to stand up and call this out.
In our annual reports we often repeat our recommendations—
and we remain steadfast and persistent in the expectation that Aboriginal and Torres Strait Islander ways of knowing, being and doing will be respected and understood. The time for governments to deliver has long passed.
Self-determination is critical and to ensure that change occurs, our voices must be heard by governments at every level of society. We perpetually recommend the same approach: to involve us, to listen, to reform and invest. Be it in systemic reform, policy design, service delivery, evaluation or agreeing upon funding, "nothing about us, without us" will be the only successful approach.
With substantive constitutional change and structural reform, we believe this ancient sovereignty can shine through as a fuller expression of Australia's nationhood.
There is no pathway to ensuring First Nations Australians live as long and as healthy lives as non-Indigenous Australians without steadily addressing each of these interconnected targets.
By 2031, increase the proportion of Aboriginal and Torres Strait Islander people living in appropriately sized (not overcrowded) housing to 88 per cent.
I was working for United Group Resources … for 14 years, and one day the mines came along and said every contractor onsite had to work for WorkPac. These people wanted to reduce my wages by half, and on a casual basis …
… … …
… I went from $150,000 to $70,000 and had to pay for my transport … accommodation on site … inductions … medical … training …
… whereas in the past that was all supplied by the employer.
Any First World country that declares they are a fair and just society while having two people doing the exact same job and being paid differently—tens of thousands of dollars differently— … is demeritorious.
Experience tells us that employees enjoy this flexibility and in many cases, enjoy the benefits of casual employment.
… that's as misleading as it is downright offensive … it's really frustrating because mining companies create new workforce structures that deprive workers of genuine choice, and then they say the workers actually didn't want to do that anyway.
… there can be absolutely no mistake that this completely undermines the socioeconomic health of our regional and remote communities and is an offensive insult that continues to be allowed to happen.
My case is an example of how a false allegation can be quickly and widely disseminated over social media by persons who have no direct/personal knowledge of what actually happened ...
It is bad for the economy when bottleneck infrastructure, at the end of a crucial value chain, is in the hands of a company with unfettered market power.
Australia will need to plant a billion new trees over the next decade to meet demand in 2050, particularly sawlogs for building and construction.
NSW is suffering from a conspicuous failure of leadership. Are we trying to lock down to eliminate COVID, or are we attempting to vaccinate our way out of this pandemic?
That the Senate take note of the answer given by the Minister for Finance (Senator Birmingham) to a question without notice she asked today relating to the COVID-19 outbreak in New South Wales.
Regional Australia has been probably the safest place on the planet …
… this rollout is about demography, not geography. So when your age group or particular group is ready to be vaccinated, the rollout in regional Australia is exactly the same as it is in the cities.
Yes Delta is more transmissible but it is less deadly so we don't need to lockdown. End the lockdowns!
NSW is almost certainly on the precipice of a massive deterioration. Contact tracers are overwhelmed, with reporting of infection hotspots lagging by days. The whole strategy of relying on contact tracing for infection control is failing, or indeed has failed.
That the Senate take note of the answer given by the Minister for Finance (Senator Birmingham) to a question without notice asked by Senator Thorpe today relating to imprisonment rates for Indigenous Australians.
That—
(1) The Senate notes that:
(a) on 5 August 2021, the Senate resolved to request that there be laid on the table by the Minister representing the Minister for Industry, Science and Technology, by no later than 10 am on Monday, 9 August 2021, the ACIL Allen report on the Industry Growth Centres; and
(b) this document has not been tabled, and the response of the Minister for Industry, Science and Technology does not represent a claim for public interest immunity in any respect.
(2) The Senate requires the Minister representing the Minister for Industry, Science and Technology to table the document by 9.30 am on Thursday, 12 August 2021.
(3) Should the document not be tabled, the Senate further resolves to require the Minister representing the Minister for Industry, Science and Technology to attend the Senate at 3 pm on Thursday, 12 August 2021 to explain why the document has not been tabled.
(4) Any senator may move to take note of the explanation required by paragraph (3).
(5) Any motion under paragraph (4) may be debated for no longer than 60 minutes, shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes each.
The Senate divided. [15:41]
(The President—Senator Ryan)
Pursuant to Standing Order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The growing list of people Mr Morrison blames for his own failures: ATAGI, Pfizer, AstraZeneca, State and Territory Governments, vaccination clinics, and Australians themselves for his bungled COVID-19 vaccine rollout; and his own Ministers for his Government's misuse of taxpayer money.
That sections 4 and 6 of the Social Security (Parenting payment participation requirements - class of persons) Instrument 2021, made under the Social Security Act 1991 , be disallowed.
She needed a letter from the hospital to give an exemption for how unwell her child is. The letter was three or four days late coming, because of the nature of a local hospital. In the interim her income was suspended. She had no money for food, and petrol was limited. I asked her to phone the service … that service only had an answering machine as an option; it was a fly-in, fly-out type of service …
I have a young client who was experiencing family violence and had to flee her home and became homeless and, as a result of that, financially was not able to keep up her payments to her phone plan, so her phone was disconnected. Then, because she wasn't answering the phone calls on the ParentsNext program, her payments were suspended.
… if participation in ParentsNext were voluntary this could promote a range of human rights and no human rights would be limited.
… "The conditionality is like a new violent relationship – financial and psychologically abusive" …
It's not that I'm sitting at home watching telly on my bum. Not happening. I'll welcome you to come and watch me, see how busy a single mums life gets with no family support because it's very different to having family here where you can leave the kids with the grandma and then go or have a partner you can safely co-parent with. That's not the case.
It is an echo chamber, but that's what happens a lot when you're a single mum … You're stigmatised into the, it's a harsh word, but the useless pile. You're never going to amount to anything, because you've ruined your whole life by not having a husband … We're societal lepers.
The Senate divided. [16:22]
(The Acting Deputy President—Senator McGrath)
We are seeing a number of childcare centre outbreaks and I think we have given advice if you can keep your children home safely please do so. … children can in many ways transmit between themselves.
… it's been the accessibility. … There doesn't seem to be a significant reluctance to getting vaccinated; it has been about access to the particular drugs required.
Imagine a worker who lives in an outermetro area and works across two different facilities, sometimes up to 50 hours a week, all at the times when immunisation clinics or GP clinics are open. She was told there was going to be Commonwealth run vaccination in her facility and when she turned up she was told it was only for residents and only if there were any leftovers would she get the vaccination.
That the Senate take note of the report.
That the Senate take note of the report.
With the introduction of Inland Rail, this frequency is expected to increase to 45 trains a day, running 24 hours a day, by 2040. In addition to the increased frequency, these trains could be up to 3.6 kilometres long, and about 40 per cent of each would have capability to be double stacked.
… Acacia Ridge is not purpose built for the task, and to deliver the sort of additional freight truck tasks onto south side roads would be devastating for the areas from Acacia Ridge to the port of Brisbane.
That the Senate take note of the documents.
That the Senate take note of the document.
That the Senate take note of the documents.
Customs Amendment (2022 Harmonized System Changes) Bill 2021
Customs Tariff Amendment (2022 Harmonized System Changes) 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.
CUSTOMS AMENDMENT (2022 HARMONIZED SYSTEM CHANGES) BILL 2021
SECOND READING SPEECH
The Customs Amendment (2022 Harmonized System Changes) Bill 2021 will amend the Customs Act 1901 to make consequential amendments resulting from the sixth review of the Harmonized Commodity Description and Coding System (the Harmonized System).
The Bill will amend the definition of 'tobacco products' in the Customs Act 1901 to include goods classified to a new tariff subheading for products such as e-cigarettes, that has been developed in the review of the Harmonized System. This amendment will ensure that goods classified to the new tariff subheading that contain tobacco will continue to be treated as tobacco products under the Customs Act. This will ensure that such goods remain subject to the same treatment as other imported products that contain tobacco.
The amendments made by this Bill are consequential to the amendments that will be made to the Customs Tariff Act 1995 by the Customs Tariff Amendment (2022 Harmonized System Changes) Bill 2021.
CUSTOMS TARIFF AMENDMENT (2022 HARMONIZED SYSTEM CHANGES) BILL 2021
SECOND READING SPEECH
The Customs Tariff Amendment (2022 Harmonized System Changes) Bill 2021 will amend the Customs Tariff Act 1995 to implement the changes agreed to in the sixth review of the Harmonized Commodity Description and Coding System (the Harmonized System). The measures in this Bill will ensure that Australia's Customs Tariff, which is based on the Harmonized System, reflects the changing patterns of international trade, the emergence of new technologies and the international will to regulate certain goods of concern.
The Harmonized System is a hierarchical system of four-digit and six-digit codes, legal notes and interpretative rules which enable the identification of any internationally traded good. The World Customs Organization developed the Harmonized System to strengthen and support trade between countries with different trade regulatory arrangements. Australia is one of almost 200 countries that use the Harmonized System.
Australia's Customs Tariff Act 1995 (Customs Tariff Act) and the Australian Harmonized Export Commodity Classification implement the Harmonized System in Australia. These domestic instruments customise the structure of the Harmonized System to better identify goods that are of unique importance to Australia.
Every five years, the World Customs Organization reviews the Harmonized System. The purpose of these reviews is to update the Harmonized System's tariff headings and subheadings to better reflect changing patterns of international trade, for example due to technological developments, changing volumes of trade, and the relative growth and decline in importance of certain goods.
Australia was an active participant in the World Customs Organization's sixth review of the Harmonized System. Through this process, Australia secured several priority changes that will benefit Australian industry, such as the development of new tariff codes for placebos for clinical trials and virgin olive oil. The outcome of the review, accepted by World Customs Organization member countries in early 2020, makes approximately 350 amendments to the Harmonized System. Australia is committed to fulfilling its international obligation to implement these changes by 1 January 2022.
The Harmonized System is of critical importance to Australian traders and industry. Ensuring that Australia's tariff is consistent with the international Harmonized System used by our trading partners is an important part of the Government's support for our importers and exporters.
This Bill will make amendments to the legal notes and four-digit to eight-digit tariff codes in the Customs Tariff Act. It will remove tariff subheadings in Schedule 3 of the Customs Tariff Act, where the goods classified to these subheadings are no longer traded in sufficient volumes, such as, world globes and answering machines. The Bill will insert new tariff subheadings to reflect the development of certain new technologies, such as smartphones, drones and hybrid and electric vehicles. It will also insert new tariff subheadings to accommodate the increased trade of other goods, such as insect-based food products.
Other proposed changes in the Bill will enable improved monitoring of the trade in particular goods. For example, the insertion of new seven-digit and eight-digit tariff subheadings and changes to the wording of Notes and Additional Notes in Schedule 3 will enhance international monitoring of the global trade in wood products, cultural articles and goods for use in e-cigarettes and vaping. Similar amendments will enable easier identification and monitoring of goods that are the subject of international agreements, such as synthetic diamonds, certain chemicals and dual use goods.
The amendments proposed under this Bill will preserve existing rates of customs duty for the majority of goods. There are exceptions to this general approach for three categories of goods: flat panel display modules, semiconductor-based transducers and electronic waste and scrap. The Bill will simplify the tariff classifications of these three categories of goods, so they are no longer required to be imported under multiple tariff classifications that may have different rates of customs duty. Instead, each of these categories of goods will have new dedicated tariff subheadings and will apply a 'Free' rate of customs duty.
Where there are changes to tariff subheadings in Schedule 3 of the Customs Tariff Act, this Bill will reflect such changes in relevant Schedule 4 concessional items. This approach will ensure that goods currently eligible for concessional treatment continue to be able to access a 'Free' rate of customs duty.
Finally, the Bill will amend Schedules 4A to 13 of the Customs Tariff Act, to reflect the insertion of new subheadings in Schedule 3 that have a duty rate other than 'Free' under Australia's 14 established free trade agreements.
To implement the changes made by the sixth review of the Harmonized System, the Government will also amend the Customs Act 1901 through the Customs Amendment (2022 Harmonized System Changes) Bill 2021.
Treasury Laws Amendment (2021 Measures No. 5) 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.
TREASURY LAWS AMENDMENT (2021 MEASURES NO. 5) BILL 2021
Schedule 1 to the Bill increases the producer offset for films that are not feature films released in cinemas to 30 per cent of total qualifying Australian production expenditure, and to make various threshold and integrity amendments across the three screen tax offsets.
This will ensure the Australian Screen Production Incentive tax offsets effectively target areas that require support and encourage production and commercial distribution of quality Australian screen content in a digital environment.
The changes will also encourage the creation of productions that can compete on a global stage and unlock export opportunities.
Schedule 2 to the Bill makes amendments in relation to small business insolvency. The main small business insolvency reforms, which came into effect on 1 January 2021, introduced new insolvency processes suitable for small businesses, reducing complexity, time and costs. These processes enable more Australian small businesses to quickly restructure. Where restructure is not possible, businesses can wind up faster, enabling greater returns for creditors and employees.
This Bill makes consequential amendments which will support the operation of the new insolvency processes.
Schedule 3 to the Bill contains a number of amendments to Treasury portfolio legislation to ensure that Treasury laws operate as intended. The amendments clarify legislation to ensure it operates in accordance with the policy intent, make minor policy changes to improve administrative outcomes or remedy unintended consequences, and correct technical or drafting defects.
Full details of the measures are contained in the Explanatory Memorandum.
Treasury Laws Amendment (2021 Measures No. 2) 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.
This Bill makes a number of changes to tax laws to implement reforms to the administration and oversight of organisations with deductible gift recipient (DGR) status and also deliver on the Morrison Government's commitment to amend Australia's Offshore Banking Unit regime to address concerns raised by the OECD's Forum on Harmful Tax Practices in 2018.
Schedule 1 to the Bill amends the Income Tax Assessment Act 1997 (1997 tax law) to require non-government entities seeking endorsement as a DGR to be a charity registered with the Australian Charities and Not-for-profits Commission or be operated by a registered charity. Ancillary funds and specifically listed entities will be exempt from this requirement.
The requirement to be a charity already applies to the majority of the general DGR categories in Subdivision 30-B of the 1997 tax law. This measure will amend the special conditions applying to the remaining general DGR categories, requiring non-government entities to maintain charity registration in order to retain their eligibility for DGR endorsement.
The amendments include a 12 month transition period which will provide non-charity DGRs with the time to meet the requirements for charity registration without losing DGR status. Eligible DGRs may also have access to an additional three year transition period.
This measure will improve the consistency of regulation, governance and oversight of DGRs, in turn helping to support continued confidence in the sector and public support for DGR entities.
Schedule 2 to the Bill contains amendments to the Income Tax Assessment Act 1936 that remove the preferential tax treatment provided for Offshore Banking Units (OBUs) and provide transitional arrangements for existing OBUs.
The OBU regime is a concessional tax regime that can be used by the Australian financial services sector to provide banking services to offshore customers. The regime provides a concessional 10 per cent tax rate and an exemption from interest withholding tax for OBU activity.
In October 2018, the OECD's Forum on Harmful Tax Practices found that Australia's OBU regime contains harmful features. As a result, the Treasurer announced on 26 October 2018 that the Government would seek to address these concerns. The OBU regime has been closed to new entrants since the Treasurer's announcement.
Existing participants operating within the OBU regime will continue to access the concessional tax rate for a period of two years - up to the end of the 2022-23 income year.
The Government will use this time to consult with industry on alternative measures to support the industry and ensure activity remains in Australia once the two year grandfathering period ends.
Timely passage of this Bill will allow the OECD to confirm that Australia has amended the OBU regime to ensure that it is not a harmful tax practice.
Full details of the measure are contained in the Explanatory Memorandum.
Treasury Laws Amendment (2021 Measures No. 1) Bill 2021
(1) That the Senate notes that:
(a) a former officer of the Australian Secret Intelligence Service (ASIS), known as Witness K, provided the Government of the Democratic Republic of Timor-Leste with an affidavit that contained information relating to an intelligence operation carried out by ASIS in Timor-Leste;
(b) the Government of Timor-Leste stated in proceedings before the International Court of Justice that Witness K's affidavit 'describes the covert bugging in 2004 of the Timor-Leste Cabinet room on the instructions of the Australian authorities';
(c) the Australian Government informed the International Court of Justice that Witness K had served as an ASIS officer and that his affidavit contained information the disclosure of which would constitute an offence under section 39 of the Intelligence Services Act 2001; and
(d) in the Australian Capital Territory Magistrates Court, on 18 June 2021, Witness K was convicted of an offence under section 39 of the Intelligence Services Act 2001.
(2) That the following matters be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 21 October 2021:
(a) was the intelligence operation disclosed in Witness K's affidavit an activity authorised by a Minister in accordance with the statute;
(b) was the intelligence operation disclosed in Witness K's affidavit an activity authorised by the Director-General of ASIS in accordance with the statute; and
(c) in respect to the authorisation under paragraph (a) or (b) what legal and policy related due diligence was carried out as part of the authorisation process.
(3) That the Senate calls on the Australian Government, including the Minister for Foreign Affairs, the Director-General of ASIS and the Inspector-General of Intelligence and Security, to cooperate fully with the Legal and Constitutional Affairs References Committee inquiry.
(4) That the Senate further calls on the former Minister for Foreign Affairs, the Honourable Alexander Downer AC, and the former Directors-General of ASIS, Mr David Irvine AO and Mr Nick Warner AO, to cooperate fully with the Legal and Constitutional Affairs References Committee inquiry.
Notice of motion altered on 23 June 2021 pursuant to standing order 77
The Senate divided. [18:59]
(The Acting Deputy President—Senator Chandler)
… I hope that goodwill will prevail. But this demonstrates the perennial challenge of negotiating at a table which rests on the unresolved legacy of terra nullius and the denied sovereignty of First Nations peoples.