The PRESIDENT (Senator the Hon. Slade Brockman ) took the chair at 09:30, read prayers and made an acknowledgement of country.
Road Vehicle Standards (Consequential and Transitional Provisions) Amendment Bill 2022
That the following bill be introduced:
A Bill for an Act to amend the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018, and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the bill, allowing it to be considered during this period of sittings.
STATEMENT OF REASONS FOR INTRODUCTION AND PA SSAGE IN THE 2022 AUTUMN SITTINGS
ROAD VEHICLE STANDARDS (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) AMENDMENT BILL
Purpose of the Bill
The bill amends the Vehicle Standards (Consequential and Transitional Provisions) Act 2018 to extend the end of the transitional period to 30 June 2023.
Reasons for Urgency
The transitional period provided by the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 will end on 30 June 2022.
Extension of the end of the transitional period is required to provide the road vehicle industry, which has been heavily impacted by COVID and global supply chain issues, with more time to transition to the new legislative arrangements provided by the Road Vehicle Standards Act 2018 .
It is time critical that the amending legislation be introduced and passed by Parliament in the 2022 Autumn sittings to provide certainty to industry stakeholders and in-service vehicle regulators ahead of the currently scheduled end to the transitional period.
(Circulated by authority of the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development)
That this bill be now read a second time.
The Road Vehicle Standards Act 2018 , and its subordinate legislation, introduced improved and simplified regulatory arrangements for importing and providing road vehicles for the first time in Australia.
The new arrangements deliver on the Australian Government's commitment to apply nationally consistent vehicle safety, environmental performance and security standards while also meeting consumer expectations that they may purchase a broad variety of road vehicles.
Each week around 24,000 road vehicles are being entered on the Register of Approved Vehicles so that they can be provided to the Australian market under the new regulatory arrangements. Consumers can purchase nearly 400 unique makes of road vehicles under these arrangements, and their choices continue to grow as more manufacturers and importers are approved to provide their vehicles under the new legislation.
This bill does not make material changes to the new legislative requirements for importing and providing road vehicles, which received bipartisan support in late 2018 and have already been adopted by large segments of industry.
Instead, this bill extends the transitional period for vehicle manufacturers and importers to fully conform to the new regulatory obligations from 12 to 24 months.
The Australian Government recognised early that many businesses would require a transitional period during which they would provide road vehicles under certain provisions of the old legislation while aligning themselves to the new regulatory requirements. The Government provided a 12-month period for this purpose in the Road Vehicle Standards (Consequential and Transitional Provisions) Act 2018 .
This period commenced when the new legislation was fully implemented on 1 July 2021.
During the transitional period to date, almost all road vehicle manufacturers and importers have had to manage the severe impacts of the COVID pandemic on road vehicle inventories and global supply chains.
The Australian Government has determined that a 12-month extension of the transitional period is necessary and sufficient to assist businesses that have not already transitioned to the new legislation.
The bill does not exempt any road vehicle manufacturer or importer from the requirement to transition to the new legislation in order to continue providing road vehicles to Australian consumers. The bill preserves the Government's intent that the Road Vehicle Standards Act 2 018 will provide the legislative basis for ensuring fair competition across Australia's automotive industry and consumer access to a variety of high quality and affordable road vehicles.
The bill maintains the provisions of the new legislation, and the vehicle type approval opt-in arrangements that ceased in late 2021 are not being re-opened. Road vehicle providers that have already transitioned to the new regulatory framework will be able to continue providing their vehicles using approvals granted to them under the new legislation.
To sum up, the bill essentially provides additional time to transition to the Road Vehicle Standards Act 2018 to those businesses that need it without disrupting the commercial arrangements of road vehicle providers that have already transitioned to the new legislation. The bill delivers on the Government's objective to provide a fair, responsive and flexible legislative framework to support Australia's automobile industry for the benefit of industry participants and consumers.
Clear guidance will be provided to industry and the general public to ensure awareness of the extended transitional period, and information will be made available to support businesses to transition to the new legislation.
That the Senate approves the advances provided under the annual Appropriations Acts for the year ended 30 June 2021.
Appropriation Bill (No. 3) 2021-2022
Appropriation Bill (No. 4) 2021-2022
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.
APPROPRIATION BILL (NO. 3) 2021-2022
SECOND READING SPEECH
Today, the Government introduces the Additional Estimates Appropriation Bills. These Bills are:
These Bills underpin the Government's expenditure decisions.
Appropriation Bill (No. 3) 2021-2022 seeks approval for appropriations from the Consolidated Revenue Fund of just over $11.9 billion. These bills ensure there is sufficient appropriation to cover estimates variations related to existing programs, for instance changes in costs for demand-driven programs. These bills also pay for the first year costs for measures announced in the Mid-Year Economic and Fiscal Outlook and subsequently announced new measures.
Importantly, these bills also provide additional funding to support the Government's response to the COVID-19 pandemic through purchases of additional Personal Protective Equipment for the National Medical Stockpile and the national COVID-19 vaccine rollout, reflecting the latest health advice about dosage intervals.
Through this Bill the Department of Health will receive nearly .$2.9 billion, the majority of which is for COVID-19 response programs, and a further $741 million of additional funding support for senior Australians.
The Bill also provides $2.8 billion in additional funding to the Department of Social Services for payment to the National Disability Insurance Agency to continue to deliver the National Disability Insurance Scheme (NDIS). This increased NDIS funding ensures that those individuals with permanent and significant disability receive reasonable and necessary support to build capacity, increase independence and establish stronger connections with their community.
The Department of Education, Skills and Employment will receive an additional $1.4 billion across a range of programs including an additional $73.9 million to support the child care sector, $102.4 million to support jobs in the post pandemic economic recovery and a further $1.096 billion to support vocational education and training.
The Department of Defence will receive nearly $1.3 billion. This additional funding is primarily to support the implementation of recent Government decisions on Defence capability and to continue the Australian Defence Force's support for the Government response to the COVID pandemic.
Full details of the proposed expenditure are set out in the Schedule to the Bill and the Portfolio Additional Estimates Statements tabled in the Parliament.
I commend this Bill.
APPROPRIATION BILL (NO. 4) 2021-2022
SECOND READING SPEECH
Appr opriation Bill (No. 4) 2021-2022 , along withAppropriation Bill (No. 3) 2021-2022 , which was introduced earlier, are the Additional Estimates Appropriation Bills for this financial year.
Together, these bills ensure there is sufficient appropriation to cover estimates variations related to existing programs and measures.
This Bill seeks approval for appropriations from the Consolidated Revenue Fund of approximately $4.033 billion.
I now outline the most significant items provided for in this Bill.
The Bill proposes $2.493 billion to the Department of Health primarily for the purchase of additional Personal Protective Equipment (PPE) for the National Medical Stockpile as part of the Government response to COVID-19. I note that pressure for additional PPE in February and March 2022 is met on an expedited basis using the Appropriation (Coronavirus Response) Bills (No. 1 and 2) 2021-22 . Accordingly Bill 4 addresses pressure for additional PPE from the months of April to June 2022.
The Bill provides additional $424 million to the Department of Industry, Science Energy and Resources to support the construction of the Hunter Power Project by Snowy Hydro Limited.
Additional funds are also provided to the Department of Finance to support the final stages of construction of Centres of National Resilience in Melbourne, Brisbane and Perth. This augments initial funding provided through Advances to the Finance Minister in 2021.
Full details of the proposed expenditure are set out in the Schedule to the Bill and the Portfolio Additional Estimate Statements tabled in the Parliament.
I commend this Bill.
That these bills be now read a third time.
Supply Bill (No. 1) 2022-2023
Supply Bill (No. 2) 2022-2023
Supply (Parliamentary Departments) Bill (No. 1) 2022-2023
That these bills may proceed without formalities and be now read a first time.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to these bills, allowing them to be considered during this period of sittings.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2022 AUTUMN SITTINGS
SUPPLY BILL (NO. 1) 2022-2023
SUPPLY BILL (NO. 2) 2022-2023
SUPPLY (PARLIAMENTARY DEPARTMENTS) BILL (NO. 1) 2022-2023
Purpose of the Bill
The 2022-23 Supply Bills will provide legislative authority for appropriations to fund expenditure to be incurred in the first five months of 2022-23 for continuity of programs and the running of Commonwealth agencies.
Reasons for Urgency
The Supply Bills will propose interim appropriations to continue the ongoing business of the Government from 1 July 2022 until 30 November 2022.
Passage of the Supply Bills before the issue of writs for an election due in the first half of the calendar year will ensure continuity of the Government's programs and the Commonwealth's ability to meet its obligations for the first five months of the 2022-23 financial year. Consistent with recent practice these Supply Bills provide sufficient interim funding until the end of the Spring sittings, to enable Annual Appropriations to be considered in a full Estimates process and in subsequent sittings to facilitate enactment.
Should passage not be granted in the life of this Parliament, the Commonwealth would not be able to ensure continuity of all programs or meet its obligations as they fall due beyond 30 June 2022.
(Circulated by authority of the Minister for Finance)
That these bills be now read a second time.
SUPPLY BILL (NO. 1) 2022-2023
The Supply Bill (No. 1) 2022-2023, together with the Supply Bill (No. 2) 2022-2023 and the Supply (Parliamentary Departments) Bill (No. 1) 2022-2023, seek appropriations to facilitate the continuation of normal government business for the first five months of 2022-23.
The Supply Bill (No. 1) 2022-2023 provides for just over $80 billion of appropriations for proposed expenditure on the ordinary annual services of the government.
The appropriations proposed in this Bill are generally based on five-twelfths of the estimated 2022-23 annual appropriations. The 2022-23 estimates are broadly the 2021-22 base, adjusted for economic and program specific parameters, and the effect of decisions announced as part of the 2021-22 Mid-Year Economic and Fiscal Outlook or included in the 2021-22 Additional Estimates Appropriation Bills.
The five-twelfths allocations are adjusted where necessary for programs or entities that have uneven expenditure early in the financial year: for example, administered payments under programs that are made upfront in the financial year.
The Bill also includes COVID-19 response measures that have been extended since the 2021-22 Mid-Year Economic and Fiscal Outlook or the Additional Estimates' processes. This ensures that funding is available over winter and that essential support can continue to be provided early in the 2022-23 financial year.
I wish to emphasise that this Bill seeks only to fund government expenditure on an interim basis until 2022-23 Budget Appropriation Bills have passed, therefore no new measures for the 2022-23 Budget are included in this Bill. This arrangement allows for an annual Appropriation Bill for the ordinary annual services of government to be passed by the next Parliament, in the usual way.
The Bill also contains an Advance to the Finance Minister (AFM) provision of $2.4 billion to provide the Government with the capacity to allocate additional appropriations for urgent and unforeseen expenditure: $2 billion of the AFM provision is set aside for COVID-19-related expenditure and $400 million for other urgent and unforeseen expenditure.
While the COVID-19 AFM provision of a higher value accommodates the ongoing response to pressures emerging from the pandemic, the general AFM provision of a lower value marks a return to standard AFM arrangements. This completes the Government's commitment to return to pre-COVID-19 AFM settings when circumstances allow.
The COVID-19 related AFM remains a temporary measure and will be ceased in a future year when it has been determined that COVID-19 risks have sufficiently moderated.
In light of the size of the AFM, it is proposed to continue the strong accountability and transparency arrangements that have been in place from 2019-20 through to 2021-22, including a regular media release in weeks when AFMs are issued, which reports and reconciles the use of the AFM provision, and seeking the concurrence of the Opposition for any proposed AFM greater than $1 billion.
Details of the proposed expenditure are set out in the Schedule to the Bill, the Explanatory Memorandum, and the Portfolio Budget Statements tabled in relation to the 2022-23 Budget Appropriation Bills.
The Bill must be passed in this session to ensure funding is available for the first months of next financial year to all entities from 1 July 2022, thereby ensuring the continuity of program and service delivery.
I commend this Bill to the chamber
SUPPLY BILL (NO. 2) 2022-2023
The Supply Bill (No. 2) 2022-2023, along with the Supply Bill (No. 1) 2022-2023 andthe Supply (Parliamentary Departments) Bill (No. 1) 2022-2023, seek appropriations to facilitate the continuation of normal government business.
The Supply Bill (No. 2) 2022-2023 provides for just under $10.7 billion of appropriations that are not for purposes that include capital works and services, payments to States, Territories and Local Governments, and equity injections for the first five months of 2022-23.
The appropriations proposed in this Bill are broadly based on five-twelfths of the estimated 2022-23 annual appropriations. The 2022-23 estimates are largely the 2021-22 base, adjusted for economic and program specific parameters, and the effect of decisions announced as part of the 2021-22 Mid-Year Economic and Fiscal Outlook or included in the 2021-22 Additional Estimates Appropriation Bills.
The five-twelfths allocations are adjusted where necessary for programs or entities that have uneven expenditure early in the financial year: for example, the Government Schools National Support program in order to provide additional transition support for Northern Territory government schools to implement reforms agreed under the Commonwealth Government's Quality Schools package.
The Supply Bills also include COVID-19 response measures that have been extended since the 2021-22 Mid-Year Economic and Fiscal Outlook or the 2021-22 Additional Estimates' processes. This ensures that funding is available over winter and that essential support can continue to be provided early in the 2022-23 financial year.
The Bill also establishes the debit limits for 2022-23 for general purpose financial assistance payments and national partnership payments. The debit limits in the Bill reflect a full year of the estimated 2022-23 debit limits, so that agreements with other governments can be established with certainty for the full year.
The Bill must be passed in this session to ensure funding is available for the first months of next financial year to all entities from 1 July 2022, thereby ensuring the continuity of program and service delivery.
As with the Supply Bill (No. 1) 2022-2023, this Bill seeks only to fund government expenditure on an interim basis until Budget Appropriation Bills have passed, therefore no new measures for the 2022-23 Budget are included in this Bill. This arrangement allows for Annual Appropriations to be passed by the next Parliament, in the usual way.
The Bill also contains an Advance to the Finance Minister (AFM) provision of $3.6 billion to provide the Government with the capacity to allocate additional appropriations for urgent and unforeseen expenditure: $3 billion of the AFM provision is set aside for COVID-19-related expenditure and $600 million for other urgent and unforeseen expenditure.
While the COVID-19 AFM provision of a higher value accommodates the ongoing response to pressures emerging from the pandemic, the general AFM provision of a lower value marks a return to standard AFM arrangements. This completes the Government's commitment to return to pre-COVID-19 AFM settings when circumstances allow.
The COVID-19 related AFM remains a temporary measure and will be ceased in a future year when it has been determined that COVID-19 risks have sufficiently moderated.
In light of the size of the AFM, it is proposed to continue the strong accountability and transparency arrangements that have been in place from 2019-20 through to 2021-22, as outlined in the speech for Supply Bill 1 and as particularised in the Explanatory Memoranda to the Supply Bills.
Details of the proposed expenditure are set out in the Schedules to the Bill, the Explanatory Memorandum, and the Portfolio Budget Statements tabled in relation to the 2022-23 Budget Appropriation Bills.
I commend this Bill to the chamber.
SUPPLY (PARLIAMENTARY DEPARTMENTS) BILL (NO. 1) 2022-2023
The Supply (Parliamentary Departments) Bill (No. 1) 2022-2023 provides appropriations for the first five months of 2022-23 for the operations of:
This Bill seeks approval for appropriations from the Consolidated Revenue Fund of just under $114 million.
The appropriations proposed in this Bill are based on five-twelfths of the estimated 2022-23 annual appropriations. The 2022-23 estimates are broadly the 2021-22 base, adjusted for economic and program specific parameters.
The Bill must be passed in this session to ensure funding is available to the Parliamentary Departments from 1 July 2022, thereby ensuring the continuity of the Parliament's operations.
As with the other Supply Bills, I wish to emphasise that this Bill seeks only to appropriate money to fund government expenditure on an interim basis until the Budget Appropriation Bills have passed, therefore no new measures for the 2022-23 Budget are included in this Bill.
This arrangement allows for Annual Appropriation Bills for the latter part of next financial year to be passed under the new Parliament in the usual way.
Details of the proposed expenditure are set out in the Schedule to the Bill, the Explanatory Memorandum, and the Portfolio Budget Statements tabled in relation to the 2022-23 Budget Appropriation Bills.
I commend this Bill to the chamber.
Asked whether cutting the tax would help in easing cost of living, the Deputy Prime Minister said: "No it won't".
"But what it will do is it'll take money away that we spend on roads," …
At the end of the motion, add ", but:
(a) the Senate highlights the impact on Australian families and small businesses, including inflationary consequences, of current extreme petrol prices;
(b) the Senate calls on the government to:
(i) introduce legislation to amend the Schedule to the Excise Tariff Act 1921to cut the fuel excise by 23 cents a litre for a period from 31 March 2022 to 30 June 2023, and
(ii) suspend indexation of the fuel excise for the same period; and
(c) a message be sent to the House of Representatives informing it of this resolution and requesting its concurrence in the resolution".
That the House of Representatives be requested to make the following amendment:
(1) Page 6 (after line 2), after clause 9, insert:
9A Energy Security and Regional Development Plan — Nor thern Territory
(1) No amount appropriated by this Act is to be spent in the Northern Territory region as part of the 'Energy Security and Regional Development Plan' as described in Budget Paper No. 2 2022-23 on page 133.
9B Energy and Emissions Reduction
(1) No amount appropriated by this Act is to be spent on the 'Future Gas Infrastructure Investment Framework' as part of the 'Energy and Emissions Reduction' program as described in Budget Paper No. 2 2022-2023 on page 125.
Statement pursuant to the order of the Senate of 26 June 2000
Amendment (1)
Amendment (1) is framed as a request because it is to a bill which appropriates moneys for the ordinary annual services of the government.
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendment (1)
As this is a bill appropriating moneys for the ordinary annual services of the government within the meaning of section 53 of the Constitution, any Senate amendments to the bill must be moved as requests. This is in accordance with the precedents of the Senate.
The committee divided. [10:35]
(The Temporary Chair—Senator Walsh)
(1) Page 10 (before line 14), before paragraph 16(2)(a), insert:
(aa) must be made on the condition that the payment must not be used for expenditure related to the provision of vaccinations for the coronavirus known as COVID-19 to children aged 0 to 4 years; and
The world is engaged in the largest clinical … vaccination trial …
The committee divided. [10:52]
(Temporary Chair—Senator Walsh)
That these bills be now read a third time.
Treasury Laws Amendment (Cyclone and Flood Damage Reinsurance Pool) Bill 2022
To date, RACQ cannot assess the impact the pool will have on our member's home insurance premiums, primarily because we have not received proposed pricing rates or associated modelling from the Australian Reinsurance Pool Corporation.
… the reality is that we cannot determine the savings at this point in time until we see more information and that includes the price from the ARPC. We need to understand what the pool is going to cover.
We would love to see the modelling and how that will impact policyholders, because it says 'up to 46 per cent'. Are 90 per cent of people going to get a five per cent saving and only 10 per cent get the 46 per cent saving?
The prospect of some policy holders being potentially handed a non-negotiable price rise because of the pool's introduction is clearly not acceptable for Sure's customers, and may potentially be viewed as a failure of government policy in its stated public commitment to insurance affordability.
For example, the Herbert River and the Burdekin River catchments cover 132,330 km², or about 7.6% of Queensland. In catchments this size, it takes several days for the full effect of cyclone related floods to be felt.
It would be unfair for communities affected by TC-related floods to miss out on the benefits of this legislation, simply because they live in a large catchment where flood waters take more than 48 hours to reach them.
For North Queensland, a 48-hour claim caveat is inadequate and needs to be extended.
… we understand we are absolutely entitled not to appear if we wish.
The Senate divided. [11:33]
(The Deputy President—Senator Lines)
At the end of the motion, add ", but the Senate resolves that:
(a) there be laid on the table by the Minister representing the Treasurer by no later than 1 April 2022:
(i) the cat modelling or any other modelling provided to the Government during the consultation process for the establishment of the cyclone and related flood damage reinsurance pool, and
(ii) any other documentation that shows the figures used to make claims by the Government that savings or cost increases for insurance consumers will be achieved by the introduction of the cyclone and related flood damage reinsurance pool; and
(b) if the Senate is not sitting when the documents are ready for presentation, the documents are to be presented to the President under standing order 166".
The Senate divided. [11:40]
(The President—Senator Brockman)
(1) Title, page 1 (line 2), omit "related", substitute "flood".
(2) Schedule 1, heading, page 3 (line 2), omit "related", substitute "flood".
(3) Schedule 1, item 1, page 3 (line 8), omit " Cyclone ", substitute "Natural Disaster ".
(4) Schedule 1, item 1, page 3 (line 11), omit " Cyclone ", substitute "Natural Disaster ".
(5) Schedule 1, item 1, page 3 (after line 18), after section 127F, insert:
127G Civil penalty for contravening section 8AA of the Terrorism and Natural Disaster Insurance Act 2003
A person commits a separate contravention of this section for each calendar year during all or part of which the person fails to comply with subsection 8AA(1) of the Terrorism and Natural Disaster Insurance Act 2003 .
Note: That subsection requires most general insurers to reinsure specified flood risks with the Australian Reinsurance Pool Corporation. It also applies to syndicates of Lloyd's underwriters, and to unauthorised foreign insurers, who choose to reinsure such risks with the Corporation.
Civil penalty: 1,000 penalty units.
(6) Schedule 1, item 2, page 3 (lines 20 and 21), omit the item, substitute:
2 Title
After "acts,", insert "cyclone damage and flood damage,".
(7) Schedule 1, item 3, page 3 (line 25), omit "Cyclone", substitute " Natural Disaster ".
(8) Schedule 1, item 5, page 4, omit the definition of cyclone reinsurance contract in section 3, substitute:
cyclone or flood reinsurance contract means a contract of reinsurance that the Corporation enters into as reinsurer under Part 2A.
(9) Schedule 1, item 5, page 4, omit the definition of cyclone reinsurance scheme in section 3, substitute:
cyclone and flood reinsurance scheme means:
(a) the scheme operated by the Corporation in performing its function under paragraph 10(b) (cyclone and flood damage reinsurance); and
(b) any other activities the Corporation undertakes for the purposes of performing that function.
(10) Schedule 1, item 5, page 4 (after line 29), after the definition of eligible cyclone loss in section 3, insert:
eligible flood loss means a loss arising from a flood (as defined by subsection 34(1) of theInsurance Cont racts Regulations 2017 for the purposes of paragraph 37B(2)(a) of theInsurance Contracts Act 1984 ), other than a flood caused by a weather system in relation to which a cyclone event is declared under subsection 8F(1).
(11) Schedule 1, item 9, page 6 (line 11), omit "related".
(12) Schedule 1, item 9, page 8 (after line 17), after section 8A, insert:
8AA When flood risks must be reinsured with the Corporation
(1) If a general insurer carries on insurance business that includes undertaking liability, under pool insurance contracts, in respect of eligible flood losses, the insurer must maintain contracts of reinsurance with the Corporation that:
(a) cover the insurer's liability, under all pool insurance contracts that it enters into, in respect of all eligible flood losses; and
(b) insure against 100% of the insurer's liability, under each of those pool insurance contracts, in respect of all eligible flood losses.
Note: A pecuniary penalty may be imposed for a contravention of this subsection: see section 127G of the Insurance Act 1973 .
(2) Subsection (1) has effect subject to a direction that is in force under section 38 and provides for the extent to which risk is to be retained by reinsureds under the relevant contracts of reinsurance.
(3) Subsection (1) has effect even if the general insurer has entered into a contract of reinsurance otherwise than with the Corporation.
(4) The Corporation may enter into contracts of reinsurance that insure against the reinsureds' liability, under pool insurance contracts, in respect of eligible flood losses arising on and after 1 July 2022.
Exception where premium income is below prescribed threshold in previous financial year
(5) Subsection (1) does not apply to a general insurer during a calendar year if the amount worked out under subsection (6) does not exceed the threshold amount prescribed by the regulations.
(6) For the purposes of subsection (5), the amount is the total gross written premiums that the reporting standard prescribed by the regulations for the purposes of this subsection would require the general insurer to report to APRA:
(a) in respect of the last financial year of the general insurer that ended before the start of the calendar year referred to in subsection (5); and
(b) for a class of direct business consisting of contracts of insurance:
(i) that the general insurer enters into as insurer; and
(ii) that are wholly or partly pool insurance contracts; and
(iii) under which the insurer undertakes any liability in respect of eligible flood losses (whether or not the contracts cover other risks) other than eligible flood losses arising at a place covered by a determination in force under subsection (7);
if such contracts were a distinct class of direct insurance business.
(7) The Corporation may, by notifiable instrument, determine areas where, in its opinion, the risk of eligible flood losses arising is so small as to be negligible.
One in, all in rule for exempt general insurer
(8) However, if a general insurer enters into a contract of reinsurance with the Corporation that insures against the insurer's liability under a pool insurance contract in respect of eligible flood losses, subsection (5) does not apply to the general insurer while that contract of reinsurance is in force.
How this section applies to a Lloyd's syndicate
(9) If a syndicate of Lloyd's underwriters enter into a contract of reinsurance with the Corporation that insures against their liability under a pool insurance contract in respect of eligible flood losses, then, while that contract of reinsurance is in force, subsections (1), (2) and (3) apply to:
(a) the syndicate; and
(b) each Lloyd's underwriter who is a member of the syndicate, when acting in that capacity;
in the same way as those subsections apply to a general insurer.
How this section applies to an unauthorised foreign insurer
(10) If an unauthorised foreign insurer enters into a contract of reinsurance with the Corporation that insures against the liability of the foreign insurer under a pool insurance contract in respect of eligible flood losses, then, while that contract of reinsurance is in force, subsections (1), (2) and (3) apply to that foreign insurer in the same way as those subsections apply to a general insurer.
(13) Schedule 1, item 9, page 11 (line 24), after "cyclone", insert "or flood".
(14) Schedule 1, item 9, page 12 (line 2), after "cyclone", insert "and flood".
(15) Schedule 1, item 14, page 15 (line 5), after "cyclone", insert "and flood".
(16) Schedule 1, item 15, page 16 (line 24), after " cyclone ", insert "and flood ".
(17) Schedule 1, item 15, page 17 (line 7), after "cyclone", insert "or flood".
(18) Schedule 1, item 15, page 17 (line 20), after "cyclone", insert "and flood".
(19) Schedule 1, item 16, page 18 (line 2), after "cyclone", insert "or flood".
(20) Schedule 1, item 17, page 18 (line 6), after "cyclone", insert "or flood".
(21) Schedule 1, item 18, page 18 (line 8), after "cyclone", insert "or flood".
(22) Schedule 1, item 19, page 18 (line 12), after "cyclone", insert "or flood".
(23) Schedule 1, item 19, page 18 (line 16), after " cyclone ", insert "or flood ".
(24) Schedule 1, item 19, page 18 (line 17), after "cyclone", insert "or flood".
(25) Schedule 1, item 19, page 18 (line 26), after "cyclone", insert "or flood".
(26) Schedule 1, item 19, page 19 (line 7), after "cyclone", insert "or flood".
(27) Schedule 1, item 21, page 19 (lines 16 and 17), omit the item, substitute:
21 Paragraph 38(2)(d)
After "insurance", insert "(except cyclone or flood reinsurance contracts)".
(28) Schedule 1, item 27, page 21 (line 2), omit " Cyclone ", substitute "Natural Disaster ".
(29) Schedule 1, item 27, page 21 (line 4), omit " Cyclone ", substitute "Natural Disaster ".
(30) Schedule 1, item 27, page 21 (line 15), omit " Cyclone ", substitute "Natural Disaster ".
(31) Schedule 1, page 21 (after line 21), after item 27, insert:
27A Application of section 8AA of the Terrorism and Natural Disaster Insurance Act 2003
(1) Subsections 8AA(1) to (3) and (5) to (8) of the Terrorism and Natural Disaster Insurance Act 2003 , as inserted by item 9 of this Schedule, apply to a general insurer from the start of:
(a) unless paragraph (b) applies—the 2024 calendar year; or
(b) if the total gross written premiums for the householders class of direct business, as reported to APRA:
(i) under the reporting standard prescribed for the purposes of subsection 8AA(6) of that Act, as so inserted; and
(ii) in respect of the last financial year of the insurer to end before 31 December 2022;
is less than $300 million—the 2025 calendar year.
(2) The following provisions of the Terrorism and Natural Disaster Insurance Act 2003 , as inserted by item 9 of this Schedule, apply in relation to a Lloyd's underwriter or unauthorised foreign insurer from the start of the 2024 calendar year:
(a) subsections 8AA(9) and (10);
(b) subsections 8AA(1) to (3), as applying because of subsections 8AA(9) and (10).
(32) Schedule 1, item 28, page 21 (line 22), omit " C yclone " , substitute "Natural Disaster ".
(33) Schedule 1, item 28, page 21 (line 24), omit " Cyclone ", substitute "Natural Disaster ".
The committee divided. [12:04]
(The Chair—Senator Lines)
(1) Schedule 1, page 5 (after line 26), after item 4, insert:
4A Subsection 501(2)
Omit "The Minister may", substitute "Subject to subsection (5A), the Minister may".
4B Subsection 501(3)
Omit "The Minister may", substitute "Subject to subsection (5A), the Minister may".
4C Subsection 501(3A)
Omit "The Minister must", substitute "Subject to subsection (5A), the Minister must".
4D After subsection 501(5)
Insert:
(5A) The Minister may not, under this section, cancel a visa that has been granted to a person if the person:
(a) has resided in Australia for a continuous period of at least 10 years; or
(b) arrived in Australia from overseas when the person was less than 10 years old.
(2) Schedule 1, page 5 (after line 30), after item 5, insert:
5A After subsection 501(6)
Insert:
(6A) Conduct that was engaged in by a person when the person was less than 18 years old must not be taken into account in determining whether the person passes the character test.
(1) Schedule 1, item 26, page 20 (lines 15 to 20), omit section 41, substitute:
41 Review of Act
(1) The Minister must prepare a report that reviews the need:
(a) to extend the cyclone reinsurance scheme to cover loss or damage caused by any and all natural disasters, including bushfires, storms and hail; and
(b) for this Act to continue in operation.
(2) The report must be prepared:
(a) as soon as practicable after 1 July 2025; and
(b) at least once every 5 years after that day.
The Senate divided [12:13]
(The Chair—Senator Lines)
That today—
(a) the hours of meeting be 9.30 am till adjournment;
(b) the routine of business to be called on immediately be:
i. a condolence motion concerning the Honourable Moses Henry 'Moss' Cass
ii. valedictory statements relating to Senators Carr and McMahon
iii. a ministerial statement relating to the Women's Budget Statement 2022-23
iv. a motion concerning the situation in Ukraine
v. a message regarding an address by the His Excellency Mr Volodymyr Zelenskyy, President of Ukraine
vi. tabling (only) of committee reports and government responses
vii. notices of motion
viii. consideration of business of the Senate notice of motion no. 5 relating to the disallowance of the Industry Research and Development (Underwriting New Generation Investments Program) Instrument 2021 for not longer than 15 minutes, following which the question be put;
(c) the following bills be called on after the conclusion of consideration of the items in paragraph (b):
i. Treasury Laws Amendment (Cyclone and Flood Damage Reinsurance Pool) Bill 2022
ii. Treasury Laws Amendment (Cost of Living Support Other Measures) Bill 2022
iii. Excise Tariff Amendment (Cost of Living Support) Bill 2022
Customs Tariff Amendment (Cost of Living Support) Bill 2022
iv. Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Bill 2021
v. Social Services and Other Legislation Amendment (Pension Loans Scheme Enhancements) Bill 2021
vi. Social Security Amendment (Improved Child to Adult Transfer for Carer Payment and Carer Allowance) Bill 2022
vii. National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Bill 2021
viii. Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022
ix. National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021
x. Road Vehicle Standards (Consequential and Transitional Provisions) Amendment Bill 2022
xi. Australian Research Council Amendment Bill 2021
xii. Data Availability and Transparency Bill 2020
Data Availability and Transparency (Consequential Amendments) Bill 2020
xiii. Offshore Petroleum (Laminaria and Corallina Decommissioning Cost Recovery Levy) Bill 2021
Treasury Laws Amendment (Laminaria and Corallina Decommissioning Cost Recovery Levy) Bill 2021
xiv. Criminal Code Amendment (Firearms Trafficking) Bill 2022
xv. Aged Care and Other Legislation Amendment (Royal Commission Response No. 2) Bill 2021
(d) if consideration of the bills listed in paragraph (c) has not concluded within two hours, the questions on all remaining stages be put without debate;
(e) paragraph (d) operate as a limitation of debate under standing order 142;
(f) the Mitochondrial Donation Law Reform (Maeve's Law) Bill 2021 be called on after the conclusion of consideration of the bills listed in paragraph (c);
(g) the Senate adjourn without debate on the motion of a minister (following consideration of the Mitochondrial Donation Law Reform (Maeve's Law) Bill 2021).
That the question be now put.
Myanmar is caught in a downward spiral of violence characterized by the increasingly brutal repression of individuals actually or seemingly opposed to military rule, by violent resistance to the coup and by several active non-international armed conflicts. Action must be taken to stem the pace at which individuals are being targeted by the military authorities and stripped of their rights, their lives and their livelihoods.
19. Credible sources have shown that, between 1 February 2021 and 31 January 2022, at least 1,500 persons died at the hands of security forces and their affiliates; that total is above and beyond the number of civilian deaths resulting from pre-existing armed conflicts … Over 100 children … including at least 90 boys and 15 girls, were killed.
… … …
22. Security forces first employed lethal force at peaceful assemblies. In many instances, police and military personnel used live ammunition, sometimes directing it at individuals, to disperse demonstrations. Interviewees described snipers being stationed near protest sites. The relative of one source was reportedly shot in the back by a marksman at a protest held in March …
… … …
25. Over 20 per cent of fatalities (about 325 people, including 16 children) occurred in custody, with a significant increase in the number of cases starting in July 2021 …
26. Many interviewees indicated that they remained unaware of the whereabouts of numerous detainees, that corpses were disposed of without informing or receiving the consent of families and that requested information about relatives was simply withheld …
27. Individuals have also been killed by the security forces during "clearance operations". Beginning in July 2021, a series of mass killings during military operations have been reported.
… … …
29. Since 1 February 2021, the State Administration Council illegally amended laws to confer to the security forces unchecked powers of arrest and detention … Initially, the military detained hundreds of individuals from the executive and legislative branches of government. Subsequently, it targeted doctors, nurses, celebrities, students, educators and others for criticizing the coup, for participating in peaceful demonstrations or the civil disobedience movement …
30. Credible sources indicate that, between 1 February 2021 and 31 January 2022, the State Administration Council and its affiliated armed elements detained 9,307 males and 2,349 females, 240 of whom were children. Additionally, another 1,971 individuals were wanted by the State Administration Council, forcing them to go into hiding.
… … …
44. Myanmar is wrought with devastation. The increasing prosperity that many around the country have in recent years begun to enjoy has come to a halt. Concurrently, ethnic minorities who have been persecuted for decades face even more violence and insecurity. In attempting to crush the armed opposition, the Tatmadaw—
has continued its "Four Cuts" policy and conducted offensives using air strikes, helicopter gunships, artillery and mortars …
45. Many armed actors persistently use land mines and hidden improvised explosive devices, killing and injuring individuals around the country.
I wouldn't agree with that assessment.
That today—
(a) the hours of meeting be 9.30 am till adjournment;
(b) the routine of business to be called on immediately be:
i. a condolence motion concerning the Honourable Moses Henry 'Moss' Cass
ii. valedictory statements relating to Senators Carr and McMahon
iii. a ministerial statement relating to the Women's Budget Statement 2022-23
iv. a motion concerning the situation in Ukraine
v. a message regarding an address by the His Excellency Mr Volodymyr Zelenskyy, President of Ukraine
vi. tabling (only) of committee reports and government responses
vii. notices of motion
viii. consideration of business of the Senate notice of motion no. 5 relating to the disallowance of the Industry Research and Development (Underwriting New Generation Investments Program) Instrument 2021 for not longer than 15 minutes, following which the question be put;
(c) the following bills be called on after the conclusion of consideration of the items in paragraph (b):
i. Treasury Laws Amendment (Cyclone and Flood Damage Reinsurance Pool) Bill 2022
ii. Treasury Laws Amendment (Cost of Living Support Other Measures) Bill 2022
iii. Excise Tariff Amendment (Cost of Living Support) Bill 2022
Customs Tariff Amendment (Cost of Living Support) Bill 2022
iv. Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Bill 2021
v. Social Services and Other Legislation Amendment (Pension Loans Scheme Enhancements) Bill 2021
vi. Social Security Amendment (Improved Child to Adult Transfer for Carer Payment and Carer Allowance) Bill 2022
vii. National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Bill 2021
viii. Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022
ix. National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2021
x. Road Vehicle Standards (Consequential and Transitional Provisions) Amendment Bill 2022
xi. Australian Research Council Amendment Bill 2021
xii. Data Availability and Transparency Bill 2020
Data Availability and Transparency (Consequential Amendments) Bill 2020
xiii. Offshore Petroleum (Laminaria and Corallina Decommissioning Cost Recovery Levy) Bill 2021
Treasury Laws Amendment (Laminaria and Corallina Decommissioning Cost Recovery Levy) Bill 2021
xiv. Criminal Code Amendment (Firearms Trafficking) Bill 2022
xv. Aged Care and Other Legislation Amendment (Royal Commission Response No. 2) Bill 2021
(d) if consideration of the bills listed in paragraph (c) has not concluded within two hours, the questions on all remaining stages be put without debate;
(e) paragraph (d) operate as a limitation of debate under standing order 142;
(f) the Mitochondrial Donation Law Reform (Maeve's Law) Bill 2021 be called on after the conclusion of consideration of the bills listed in paragraph (c);
(g) the Senate adjourn without debate on the motion of a minister (following consideration of the Mitochondrial Donation Law Reform (Maeve's Law) Bill 2021).
That the Senate expresses its deep sadness at the death, on 26 February 2022, of the Honourable Moses Henry 'Moss' Cass, former Minister for the Environment and Conservation and Minister for Media and former member for Maribyrnong, places on record its admiration and appreciation for his service to the Parliament and the nation, and tenders its deep sympathy to his family in their bereavement.
To many Australians, the NT is an enigma. They know it exists. It has a rock, a park, and a city named after some guy who discovered swimming iguanas …
That the Senate take note of the statement.
That the Senate—
(a) notes that the Russian Federation's unprovoked, unjust and illegal invasion of Ukraine has left over 3,000 Ukrainian civilians dead or wounded, with numbers feared much higher; forced over 10 million people - nearly a quarter of Ukraine's population - to flee their homes; and brought countless cities across Ukraine to ruin, including by the unlawful targeting of civilian infrastructure;
(b) notes that the targeting of civilians and strikes on protected objects such as hospitals violate international humanitarian law (the laws of war) and can constitute war crimes;
(c) acknowledges that this Parliament, and the people of Australia, condemn in the strongest possible terms Russia's invasion of Ukraine;
(d) places on record admiration for the remarkable courage and resilience shown by Ukraine and its people;
(e) reaffirms that Russia must withdraw its forces from Ukraine consistent with its obligations under international law, including the United Nations Charter and the legally binding decision of the International Court of Justice;
(f) notes that Australia is standing with our international partners to impose severe costs on President Putin, his inner circle, and those responsible, including through sanctions and by joining partners in asking the International Criminal Court and United Nations Human Rights Council to investigate Russia's actions that includes allegations of Russian crimes;
(g) notes that Australia continues to provide humanitarian assistance to help meet the urgent needs of the Ukrainian people along with military assistance to support Ukraine in defending itself against Russia's unjust actions; and
(h) condemns actions by third countries that enable and facilitate Russia's invasion, including through economic and military support.
Labor stands united with the people of Ukraine and with our allies in expressing our condemnation of Russia's shameful acts of continuing aggression.
We stand united in expressing our strong support for Ukraine's sovereignty.
There is no justification for Russia's attacks.
The world has witnessed horrific scenes in recent weeks since Russian President Vladimir Putin ordered the invasion of Ukraine.
Hopes that Putin's manoeuvres would remain nothing more than aggressive posturing were dashed on 22 February.
Things have gone from bad to worse since Vladimir Putin first ordered his forces into Donetsk and Luhansk.
Russia alone is the aggressor and bears responsibility for the bloodshed and suffering occurring in Ukraine.
Australia must continue to be in lockstep with our allies in holding Russia to account.
Back in 20 February, when Russian forces were building up along the border with Ukraine, I joined Peter Malinauskas as the only South Australian politicians at the time to speak in support of Ukraine.
Peter, of course, is of Lithuanian heritage, and is well aware of the full horror of Russia's historical occupation of Eastern Europe.
Friends, colleagues, and members of Adelaide's Ukrainian community—led by Frank Fursenko—met on the steps of the South Australian Parliament in a sign of solidarity.
All countries should show solidarity in condemning Russia's illegal and immoral invasion of Ukraine.
And any country aiding and abetting this war should face consequences.
Australia must continue to work with the international community to ensure the people of Ukraine are supported.
Labor supports assistance for Ukraine including coal, and humanitarian and military assistance.
We also support strong and comprehensive measures to support Ukraine's resistance against Russia's invasion.
Labor has encouraged the Government to impose the most comprehensive sanctions available.
Australia should continue to work cooperatively with our international partners to ratchet up the pressure on Vladimir Putin.
Specific measures are decision for the Government, but Labor stands ready to work in a bipartisan way.
The Prime Minister has announced a visa and·refugee response to the Ukraine crisis, but it is crucial that he follows it up with actions.
People fleeing from and displaced by Russia's attacks on Ukraine need Australia's help now.
The unfolding security and humanitarian crisis is devastating for the people of Ukraine and for the Ukrainian-Australian community.
That community has its roots way back in the 1800s.
But it grew significantly after World War 11, when significant numbers of Ukrainians migrated to Australia as displaced persons.
The first Ukrainian association in my home state of South Australia was formed in 1949 and I believe it might have been one of the first in Australia.
There is a rich Ukrainian-Australian cultural history in South Australia, and in other states.
The suburb of Hindmarsh, in Adelaide, is home to South Australia's Ukrainian Hall, which house the national museum of the Ukrainian scouting movement - known as Plast.
There is still a strong and proud Ukrainian-Australian community in South Australia today.
Earlier this month I again joined Mr Frank Fursenko, President of the Association of Ukrainians in South Australia at a prayer event for the people of Ukraine.
Peter Malinauskas, now Premier of South Australia, and some of my Federal and State Labor colleagues—including Senator Marielle Smith and the Member for Adelaide, Steve Georganas—also took part in the Pray for Ukraine event.
It is important that we should tell Ukrainians in Australia, and those dealing with the terrible situation in Ukraine that Australia and its parliament supports them.
Australia must stand for peace.
As US President John F Kennedy once said:
"Let us, if we can, step back from the shadows of war and seek out the way of peace."
It is not in Australia's interests for any country to think they can threaten another's sovereignty, or change the status quo by force.
Our Parliament must work in a bipartisan manner to support the people of Ukraine and apply every measure we can to pressure Russia into ending its unprovoked, illegal, and immoral of Ukraine.
I'd especially like to congratulate Mr Lawrence Ben—a South Australian of Ukrainian heritage—for his tireless work to promote the cause of Ukrainian independence and convince Australian companies to ban the sale of Russian products.
Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity
Exam ination of the Annual Report of the Integrity Commissioner 2020-21
On behalf of the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity, I present the committee's report on its examination of the Annual Report of the In tegrity Commissioner 2020-21 .
This is the first report I present to the Senate as Chair of the Committee. I thank the members of the committee for placing their trust in me, by electing me to the Chair.
I also thank Senator Paul Scarr, the pervious Chair, for all his great work and leadership.
The committee is of the view that the Australian Commission for Law Enforcement Integrity-also known as ACLEI- has performed satisfactorily against its revised performance framework in 2020-21.
The committee acknowledges the improved operational and investigative results achieved by ACLEI during the year. This committee was particularly interested in understanding how ACLEI managed its jurisdictional expansion, which occurred on 1 January 2021.
The committee notes that ACLEI and the expansion agencies have formed productive working relationships and appreciates that their work together is ongoing.
The committee further notes that ACLEI is presently focused on: undertaking investigations and reporting in a timely manner; prioritising matters of serious and systemic corrupt conduct; maintaining a sustainable workload; and ensuring it is as transparent as possible.
The committee acknowledges that ACLEI is increasingly seeking to share its corruption findings and making a valuable contribution to corruption prevention in the broader Commonwealth public service.
During the committee's public hearing to examine the ACLEI annual report, the committee inquired into ACLEl's organisational structure. Specifically, the acting arrangements that are in place when the Integrity Commissioner is unavailable.
The committee found that although one of three officials from other Commonwealth integrity agencies can act for the Integrity Commissioner when needed, no deputy from within ACLEI can be called upon.
As ACLEI and its jurisdiction have expanded considerably, the committee recommends that consideration should be given to establishing a Deputy Integrity Commissioner position within the agency for its ongoing sustainability. The committee's report contains one recommendation to this effect.
I extend my thanks to all the members of the committee for their contributions, and I especially thank the Deputy Chair for all her support.
I also thank the Secretary and all those that assisted the committee in its important work.
The committee looks forward to continuing its examination of ACLEl's work in the next Parliament.
Senator McLachlan
Joint Standing Committee on Foreign Affairs, Defence and Trade
First p eriodic p eport on Human Rights
Final report into certain aspects of the Department of Foreign Affairs and Trade Annual Report 2019-20
Mr President, it is my pleasure as the Chair of the Joint Standing Committee on Foreign Affairs, Defence and Trade to present the Committee's First perio dic report on Human Rights - the final outcome of the inquiry into certain aspects of the DFAT Annual Report 2019-20.
During this parliament, the Joint Standing Committee of Foreign Affairs, Defence and Trade has conducted three human rights-related inquiries, which has led to the adoption of Magntisky-style legislation in Australia and recommended actions that will protect the rights of women and girls in the Pacific, and assist in the elimination of child and forced marriage.
The Committee, through its Human Rights Sub-Committee, has a longstanding commitment to the promotion and protection of human rights, and to ensuring that the voices of the most marginalised and persecuted populations can be heard.
To ensure that attention continues to be given to causes of such dire need, and egregious crime, the Committee has resolved to hold a public hearing roundtable on an annual basis, focused on a particular area of human rights, as part of its inquiry into the annual report of the Department of Foreign Affairs and Trade, in addition to numerous briefings the Committee receives on topical human rights issues.
Furthermore, the Committee has until now not published a general report on human rights, nor had a formal process of informing the Parliament and the Australian people of the range of matters considered by the Committee. This report is intended to be used as a precedent for future periodic reports to the Parliament about human rights matters.
The Committee remains gravely concerned by the evidence it heard at the public roundtable concerning the human rights situation in Ethiopia. It urges all parties to the conflict to exercise any and all measures to halt the grave human rights abuses that are currently being inflicted on the Ethiopian people.
While their may be little that Australia can do to materially improve the situation on the ground, we, nevertheless, have recommended that the Australian Government advocate through all available channels and measures for the restoration of peace in Tigray, and consider increasing its humanitarian assistance to respond to that crisis.
More broadly, the Committee remains concerned about the widespread prevalence of gross human rights violations and suppression of fundamental freedoms in many countries (for example Myanmar - as explored by the Foreign Affairs and Aid Sub-Committee) particularly the scale of violations against the people of Hong Kong, in the Xinjiang Province, and the prevalence of foreign interference in our own country.
Finally, I'd like to thank all submitters and those who appeared before the committee in public hearings for their contributions. I'd also like to thank the Committee secretariat, the entire Joint Standing Committee on Foreign Affairs, Defence and Trade, and in particular I'd like to thank and acknowledge Mr Kevin Andrews.
Kevin has made an enormous contribution to this Parliament, serving in various Ministerial roles, including as Minister for Defence, and representing the people of Menzies. His experience, sage advice, and considered input has been greatly valued by the members of the Joint Standing Committee on Foreign Affairs, Defence and Trade, particularly in his position as Human Rights Sub-Committee Chair. On behalf of the Committee, I wish him and his wife, Margie, all the best in retirement.
Mr President, I commend the report to the Senate.
Senator Fawcett
Chair
Joint Standing Committee on Foreign Affairs, Defence and Trade
Strengthening Australia's r elationships in the Pacific
Mr President, it is my pleasure as the Chair of the Joint Standing Committee on Foreign Affairs, Defence and Trade to present the Committee's report on Strengthening Australia's relationships in the Pacific .
Australia's relationships with the nations of the Pacific are of enduring importance. The people of Australia and those in our Pacific family share a long history, grounded in common interests and values, and have enjoyed the fruits of peaceful, productive engagement and mutual assistance.
At a time of intensifying geopolitical competition and growing global challenges, strengthening Australia's relationships with our neighbours in the Pacific islands has assumed a new importance and urgency.
Strengthening relationships with our Pacific family will enable Australia and its Pacific neighbours to overcome challenges together.
During this inquiry, the Committee examined the effectiveness of Australian initiatives in the region, such as the Pacific Step-up program, as well as identified ways to improve Australia's engagement with its Pacific Island neighbours.
This report aims to highlight potential pathways Australia can take to strengthen its engagement with the Pacific islands.
The Committee made seven recommendations, including:
Finally, I'd like to thank all submitters and those who appeared before the committee in public hearings for their contributions. I'd also like to thank the Committee secretariat, the entire Joint Standing Committee on Foreign Affairs, Defence and Trade, and in particular I'd like to thank and acknowledge Mr Dave Sharma, the Chair of the Foreign Affairs and Aid Sub-Committee.
Mr President, I commend the report to the Senate.
Senator Fawcett
Chair
Joint Standing Committee on Foreign Affairs, Defence and Trade
Expandi ng the membership of the comprehensive and progressive trans-pacific partnership
Mr President, it is my pleasure as the Chair of the Joint Standing Committee on Foreign Affairs, Defence and Trade to present the Committee's report on Expanding the membership of the Comprehensive and Progressive Trans-Pacific Partnership .
The Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the CPTPP, is an agreement between 11 economies, including Australia. The subject of the committee's inquiry was the agreement's expansion-that is, the case for new members to accede to the agreement. Sixty-eight submissions and eight public hearings later, the committee deliberated, and today I am delighted to be tabling a report that received bipartisan support in the joint standing committee.
The starting point is to recognise that the CPTPP is one of the world's most comprehensive free trade agreements. It follows, therefore, that the CPTPP's quality must be maintained. Indeed, it should be open for new members, but that welcome should not be unconditional. Put differently, the only aspiring economies that should be considered are those that (1) support an open, transparent and stable trading environment; (2) demonstrate an ability and willingness to meet the agreement's high standards; and (3) offer export potential through enhanced market access.
Tackling the question of future CPTPP members isn't an academic exercise. Indeed, the United Kingdom is well into the accession process as the first aspiring economy to formally request to join the agreement. As the committee has recognised, that process that the UK is undergoing should be leveraged as a template for other future aspiring economies. There are also lessons to be learnt from the UK experience. These are, firstly, the benefits that accrue from negotiating a bilateral free trade agreement with a trading partner while concurrently helping facilitate that same partner's accession to the CPTPP; secondly, the importance of government-to-government engagement during the accession process, including at the ministerial level; and, thirdly, the value of clear guidance on the accession process, including the various gates-the various stages-of the deal.
When it came to the question of the UK's accession, the committee recommended that the Australian government work with its other CPTPP members to encourage and facilitate the UK's accession to the agreement. We made a similar recommendation on encouraging and facilitating the accession of South Korea, noting that South Korea is at a far earlier stage in the process than the UK, as it's only now in the midst of formalising its request to join the CPTPP.
Taiwan, on the other hand, formalised its request to join the CPTPP some time ago. The committee's recommendation on Taiwan was that the Australian government work with other CPTPP members to encourage and facilitate its accession to the agreement. We also went one step further with respect to Taiwan. Australia does not have a bilateral free trade agreement with Taiwan. Noting the benefits that accrued from negotiating a bilateral free trade agreement with the United Kingdom while also supporting its accession to the CPTPP, the committee has recommended to the Australian government that it also consider adopting a similar approach with Taiwan-that is, negotiating a bilateral Taiwan-Australia free trade agreement while, concurrently, encouraging and facilitating its accession to the CPTPP.
The Committee recommended that the Australian government work with other CPTPP members to encourage China to re-establish full trading relations, ending its coercive trade measures and re-engaging in ministerial dialogue, and demonstrate an ability and willingness to commit to the CPTPP's high standards prior to supporting the commencement of an accession process.
On other economies which have expressed an interest in the CPTPP without formalising a request to join, including Thailand, Indonesia and the Philippines, the committee recommended that the Australian government work with other CPTPP members to encourage ongoing informal discussions with these economies.
Lastly, the committee also made a recommendation with respect to the United States, which was central to negotiations on the agreement before it withdrew. The committee recommended that the Australian government work with other CPTPP members to encourage the United States to renew its interest in the agreement.
In closing, I thank the diplomatic representatives of the United Kingdom, China, and Taiwan for their submissions. I also thank all submitters and those who appeared before the committee in public hearings. I thank the committee secretariat; and the Chair of the Trade Sub-Committee, Mr Ted O'Brien.
Finally, I thank all members of the Joint Standing Committee on Foreign Affairs, Defence and Trade from both the House of Representatives and the Senate, from both this side of the aisle, for their cooperation which led to the report I tabled today.
Mr President, I commend the report to the Senate.
Senator Fawcett
Chair
Australian Government response to the Senate Rural and Regional Affairs and Transport References Committee report:
Without Trucks, Australia Stops: the development of a viable, safe, sustainable and efficient road transport industry
MARCH 2022
The Australian Government notes the Senate Rural and Regional Affairs and Transport References Committee (the committee) report 'Without Trucks Australia Stops: the development of a viable, safe, sustainable and efficient road transport industry' (the Report).
On 11 September 2019, the Senate moved that the matter of the importance of a viable, safe, sustainable and efficient road transport industry be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by April 2020. The Senate extended the reporting date until 14 October 2020, and subsequently extended this date again to 11 February 2021; 23 June 2021; 8 July 2021, and then to 25 August 2021.
The inquiry's terms of reference were:
a. the importance of an enforceable minimum award rate and sustainable standards and conditions for all stakeholders in the road transport industry;
b. the development and maintenance of road transport infrastructure to ensure a safe and efficient road transport industry;
c. the regulatory impact, including the appropriateness, relevance and adequacy of the legislative framework, on all stakeholders in the road transport industry;
d. the training and career pathways to support, develop and sustain the road transport industry;
e. the social and economic impact of road-related injury, trauma and death;
f. efficient cost-recovery measures for industry stakeholders, including subcontractors;
g. the impact of new technologies and advancements in freight distribution, vehicle design, road safety and alternative fuels;
h. the importance of establishing a formal consultative relationship between the road transport industry and all levels of government in Australia; and
i. other related matters.
The committee received 128 public submissions and held 11 public hearings in Albury (22 November 2019), Brisbane (24 July 2020), Canberra (25 November 2020), Perth (26 November 2020), Sydney (8-9 February 2021), Canberra (11 March 2021), Melbourne (19-20 April 2021), and Canberra (28-29 April 2021).
The resulting Report was tabled in Parliament and publicly released on 25 August 2021. This is the Australian Government's response to the Report.
The Report makes 10 recommendations covering matters including industrial relations, workplace conditions, licensing and training, infrastructure planning and investment, transport technology, cash-in-transit distribution and representation of the industry in government decision-making.
The Australian Government is committed to the ongoing viability, safety, sustainability and efficiency of Australia's road transport sector, which is critical to our economy and society. This Response highlights the Australian Government's ongoing commitments to support our road transport sector. [ 1 ]
The Heavy Vehicle Safety Initiative (HVSI) program funds initiatives that will deliver tangible improvements in road user, road and heavy vehicle safety. The HVSI program, administered by the National Heavy Vehicle Regulator on behalf of the Australian Government, has provided more than $28 million for 117 grants over six years. The Australian Government has committed a further $5.6 million under Round 7 of the HVSI. In previous rounds, grants have been awarded to initiatives to educate road users on appropriate use of rest stops and support management of effluent disposal.
The Australian Government is also making significant investments in road infrastructure to deliver safety and productivity benefits for the heavy vehicle industry. As at the 2021-22 Budget, the Australian Government has committed more than $25 billion over the next four years towards road projects with direct and indirect road safety benefits. This includes direct investments in road safety specific packages.
The $3 billion Road Safety Program (RSP) is providing targeted lifesaving road safety treatments on rural and regional roads and greater protection for vulnerable road users in urban areas. As an added benefit, the RSP is delivering over 9,000 jobs across all states and territories. The RSP will see safety improvements on state highways, arterial roads and urban and peri-urban roads through the application of various safety treatments to raise the standard of the road.
In addition, the $500 million Targeted Road Safety Works Program is providing upgrades across states and territories to improve road safety for all road users. Projects include the rollout of rumble strips, audio tactile markings, shoulder sealing and widening, and installation of safety barriers on high speed undivided roads.
The Heavy Vehicle Safety and Productivity Program will provide $607 million funding from 2013-2014 to 2024-25 towards projects to increase the productivity and safety of heavy vehicle operations throughout Australia. This investment is expected to reach $1 billion by 2030-31.
Road crashes are a major cost to Australians every year. The Black Spot Program targets those road locations where crashes are occurring by funding measures such as traffic signals and roundabouts at dangerous locations. The Australian Government will provide $1.2 billion to the Black Spot Program from 2013-14 to 2024-25, with an ongoing commitment of $110 million each year following.
The Roads to Recovery Program (R2R) supports the maintenance of the nation's local road infrastructure assets, which facilitates greater accessibility and improves safety, economic and social outcomes for Australians. As part of the Local and State Government Road Safety Package announced in the 2019-20 Budget, the Australian Government committed an additional $100 million per year to the R2R from 2019-20. From 2013-14 to 2023-24, the Australian Government will provide $6.2 billion under the R2R. This investment is expected to reach over $9 billion by 2030-31.
Under the Bridges Renewal Program, the Australian Government is providing more than $760 million over nine years from 2015-16, with an ongoing commitment of $85 million per year from 2025-26 to upgrade and replace bridges to enhance access for local communities and facilitate higher productivity vehicle access.
The Australian Government also continues to commit funding towards our major road transport corridors.
The Bruce Highway is Queensland's major north-south road corridor and provides critical linkages for freight movements between inland production areas and 11 coastal ports and major regional centres. The Australian Government has committed over $10 billion to the Bruce Highway Upgrade Program from 2013-14 to 2027-28 to deliver priority upgrades along the route. The projects include major upgrades and realignments, strengthening and widening type works, plus a range of safety and efficiency measures to target poor crash sites and to provide additional overtaking lanes and rest areas. Projects are also aimed at improving capacity constraints, and flood immunity issues along the Bruce Highway's length.
The Pacific Highway upgrade - completed at the end of 2020 - was one of the largest road infrastructure projects in Australia. The highway connects Sydney and Brisbane, and is a major contributor to Australia's economic activity. Since the commencement of the Pacific Highway upgrade in 1996, fatal crashes have more than halved, down from more than 40 per year prior to the upgrade commencing, to fewer than 20 in recent years. To support the safety improvements, time savings and reduction in noise and pollution to major towns, the Australian Government committed over $5.6 billion from 2013-14 towards the completion of the Pacific Highway upgrade.
The Australian Government has contributed $683.8 million towards the Monash Freeway Upgrade in Melbourne. Stage 1 of the project was completed in 2018 and Stage 2 will provide additional lanes, duplication of feeder roads and upgrade key intersections, and is expected to be completed in mid-2022. The project is expected to reduce congestion and travel times and increase network resilience on this important freeway corridor.
Also in Melbourne, the Australian Government has invested $50 million towards duplicating 1.4 kilometres of O'Herns Road between the Hume Freeway and Cooper Street, and signalising the intersection of Epping Road, Findon Road, High Street and O'Herns Road. This funding has also delivered a grade separated new diamond interchange at O'Herns Road. This project has improved network efficiency and provided a quicker and safer journey for drivers accessing the Hume Freeway.
The Australian Government continues to work with the National Transport Commission and state and territory governments to progress the Heavy Vehicle National Law Safety and Productivity Program.
These commitments accompany the Australian Government's many initiatives to support skills and training, work health and safety, heavy vehicle road reform, and safe and legal deployment of future land transport technologies including connected and automated vehicles.
The Australian Government does notsupport recommendation 1.
Improving road safety is a national priority for the Australian Government, with responsibility shared across all jurisdictions and at all levels of government, including local government. The road transport industry is subject to the work health and safety (WHS) laws of each jurisdiction. The Australian Government works with states and territories through Safe Work Australia to encourage national consistency in WHS laws and to address WHS issues of national concern, including safety in the road transport industry. Heavy vehicles are regulated separately under the Heavy Vehicle National Law which applies nationally, except in Western Australia and the Northern Territory who have their own arrangements in place.
The establishment of an independent tribunal to address rates of pay and conditions in the road transport industry has been tried before with negative impacts on owner-drivers, small and family transport operators. The Australian Government abolished a similar body in 2016, the Road Safety Remuneration Tribunal (RSRT), following two independent reviews and feedback from industry participants confirming that, while the aim of the RSRT was to improve safety, the use of financial incentives and strict regulation had significant unintended consequences on participants in the sector.
Economic analysis by PricewaterhouseCoopers showed the RSRT's two remuneration orders would result in a net cost to the economy of $2.3 billion over 15 years with no tangible impact on road safety. It also found there was limited and contradictory evidence to show any relationship between safety and remuneration.
Within this context, the Australian Government has committed to never re-establish the RSRT or a similar body that sets mandatory rates of pay for owner-drivers and small transport businesses. The Australian Government believes investing in practical measures that support the industry's safe, sustainable and efficient operation, combined with the existing effective regulatory supports, is the best way to ensure the continued viability of the road transport industry.
In the last ten years to December 2021, road crash deaths involving heavy trucks decreased by an average of 2.9 per cent per year. Further, the number of deaths from crashes involving heavy trucks since the RSRT was abolished in 2016 has reduced. This shows the Australian Government's approach is working.
There are also a number of avenues already available to road transport supply chain participants to resolve various disputes.
Under the national workplace relations system, the Fair Work Commission (the Commission) is already empowered to resolve disputes involving employers, employees, unions and employer associations. These parties can access the dispute resolution procedures of modern awards, enterprise agreements or the Fair Work Act 2009 (FW Act). This includes assisting with disputes concerning termination of employment, general protections, workplace bullying, enterprise agreement making, interpreting an award or enterprise agreement clause, right of entry and casual conversion. The Commission is responsible for setting the safety net of minimum wages and award minimum standards for employers and employees including in the road transport sector, and the bargaining framework of the FW Act also provides the opportunity for employers and employees to negotiate employment conditions that are flexible and productive, and meet their individual needs.
The Australian Small Business and Family Enterprise Ombudsman is also able to provide dispute resolution services to assist small business independent contractors with various issues, including payment of invoices and other disputes.
Under the Independent Contractors Act 2006 (IC Act), a party to a 'services contract' may apply to a Court to review a contract on the basis that it is unfair and/or harsh. The IC Act does not define 'unfair' or 'harsh'—these terms assume their common law meaning. In reviewing a contract, a Court must only have regard to the terms of the contract when it was made and other matters at the time the contract was made. This may include the relative strengths of the parties to the contract and whether the contract provides total remuneration that is, or is likely to be, less than that of an employee performing similar work. If a Court is of the opinion that the contract is unfair and/or harsh, then it may set aside all or part of the contract, or vary its terms.
Additionally, the Co mpetition and Consumer (Class Exemption - Collective Bargaining) Determination 2020 (which commenced operation on 3 June 2021) provides certain independent contractors and small businesses with an aggregated turnover of less than $10 million legal protection from competition laws to form or join a collective bargaining/negotiating group to negotiate with their supplier or customer about the supply or acquisition of goods or services. Without legal protection provided by the class exemption (or a specific notification or authorisation), collective bargaining/negotiating for goods and services may contravene theCompetition and Consumer Act 2010 .
This class exemption is available for small businesses in the road transport industry whose turnover was less than $10 million in the financial year prior to them forming or joining the group, and is distinct from collective bargaining for employment conditions under the FW Act.
The Australian Government does not support recommendation 2.
The Australian Government does not support the establishment of the independent body as outlined in recommendation 1.
The Australian Government notes that the Fair Work Ombudsman (FWO) is responsible for promoting harmonious, productive, cooperative workplaces and impartially enforcing workplace laws as set out in the Fair Work Act 2009 . Where necessary, the FWO undertakes compliance and enforcement action to recover unpaid entitlements. In 2020-21, the FWO completed 601 disputes involving the road freight transport industry, recovering $697,070 for 147 employees.
As noted at recommendation 1, many drivers working as independent contractors will have the services contracts to which they are a party covered by the Independent Contractors Act 2006 , and may be able to apply to a Court to have such a contract varied or set aside if it is 'harsh' and/or 'unfair'.
In relation to employee drivers, if an eligible party wishes to include a new allowance, they can apply to the Fair Work Commission to vary, omit or include terms in the relevant modern award.
The Australian Government introduced the Payment Times Reporting Scheme and the Payment Times Procurement Connected Policy to encourage large businesses to improve their payment times and practices towards small businesses. These two measures are in addition to the Australian Government's own payment times policy.
The Payment Times Reporting Scheme commenced on 1 January 2021, enacted by the Pay ment Times Reporting Act 2020 . The Scheme aims to improve payment outcomes for small businesses by creating transparency around the payment practices from large businesses to small business suppliers. The Scheme requires large businesses to submit a report on their payment terms and practices every six months.
The Payment Times Procurement Connected Policy was introduced on 1 July 2021 and came into effect on 1 October 2021. The policy leverages government procurement practices to ensure small businesses are paid faster. It requires large businesses ('Reporting Entities' under the Payment Times Reporting Act 2020 ) that are awarded government contracts over $4 million (GST inclusive) to pay their subcontracts of up to $1 million (GST inclusive) within 20 calendar days, or pay interest. The Payment Times Procurement Connected Policy builds upon the Australian Government's Supplier Pay On-Time or Pay Interest policy, which requires Australian Government agencies to make payments under contracts up to $1 million within 20 calendar days or pay interest.
In addition, by 1 July 2022 all non-corporate Australian Government agencies must have the ability to receive eInvoices and are already required to pay eInvoices within five days (for payments associated with contracts valued up to $1 million).
The Australian Government does not support recommendation 3.
The Australian Government does not support the establishment of the independent body as outlined in recommendation 1.
The Fair Work Act 2009 (FW Act) contains protections from sham contracting conduct, such as knowingly or recklessly misrepresenting employment as an independent contracting arrangement. The FW Act includes a civil penalty regime to penalise and deter employers from engaging in sham contracting conduct. Contraventions of the sham arrangements provisions carry a maximum civil penalty of 60 penalty units ($13,320) for an individual and 300 penalty units ($66,600) for a body corporate.
The Fair Work Ombudsman (FWO) is responsible for investigating the misclassification of employees as independent contractors, in addition to investigating the underpayment of wages and entitlements.
The Australian Government has committed more than $160 million in new funding for the FWO since 2016 to enhance the regulator's enforcement and advice services. This includes $9.2 million over four years from 2019-20 for the FWO to establish a Sham Contracting Unit. The Sham Contracting Unit aims to increase education, compliance and enforcement activities across all industries, including road transport. Between 1 July 2019 and .30 June 2021, the FWO completed 651 sham contracting and misclassification disputes (of which about 8 per cent related to the road freight transport industry) and recovered $493,893 for workers in all industries.
Registered industrial relations organisations occupy a privileged position in Australia's industrial relations system. This includes provisions in the FW Act to permit right of entry for trade unions. These provisions have evolved over time to balance the right of organisations to represent their members in the workplace, the rights of employees to receive representation and information from organisation officials at work, and the rights of employers to go about their business without undue inconvenience. These right of entry laws give union officials the capacity to investigate suspected wage underpayment and other issues on behalf of their members, so long as they comply with their permit obligations and requirements under the FW Act and other instruments.
The model workplace health and safety (WHS) laws recognise that involvement by unions in WHS matters is important to promote and facilitate improvements in WHS practices. The model WHS laws provide a right to enter a workplace to WHS permit holders to investigate a suspected contravention of WHS laws, inspect or make copies of employee records or documents directly relevant to the suspected contravention, and to consult and advise relevant workers on WHS matters.
The Commonwealth, states and territories are each responsible for regulating and enforcing WHS laws in their respective jurisdiction. Funding and resourcing of these regulators is a matter for individual jurisdictions. The National Compliance and Enforcement Policy supports WHS regulators to take a nationally consistent approach to monitoring and enforcing compliance with WHS laws. Regulators undertake proactive activities, such as education and awareness raising, as well as compliance activities which may include inspections, audits and other verification activities. WHS laws are predicated on a risk management approach and failure of duty holders to meet obligations under WHS laws can result in prosecution and severe penalties, regardless of whether an accident occurs.
The Australian Government notes recommendation 4.
State and territory governments are responsible for their workplace training and licensing requirements. Further exploration is needed to determine whether there is a need for a new safety induction unit against current training, particularly for the heavy vehicle industry which already includes safety training. If a new unit is needed, its scope will also need to be determined.
The Australian Government's Training Development Program supports industry-led nationally recognised training. Overseen by the Australian Industry and Skills Committee, Industry Reference Committees (IRCs) are the formal channel for considering industry skills needs in the development and review of training products. IRC members include employer and industry association representatives and subject matter experts.
Mandated minimum requirements for occupations are not regulated through vocational education and training (VET) qualifications but instead should be implemented through industry-specific regulations or licensing regimes, or work health and safety regulations.
The Australian Government recognises the importance of a centralised record system for training qualifications and notes a mechanism is already in place. The Australian Government has developed the Unique Student Identifier (USI) initiative, which allows people to access and share their training records. A VET transcript collects nationally recognised training outcomes issued by a registered training organisation (RTO) since 2015 into a single record. A USI account allows individuals to access their VET transcript or allow an RTO to view their transcript. Individuals can demonstrate their qualifications quickly and easily online by sharing their VET transcript with third parties, such as employers, recruitment agencies and licensing bodies.
The Australian Government supports the Austroads review of the National Heavy Vehicle Driver Competency Framework and notes that work is underway to progress Framework.
While the Australian Government recognises the importance of industry-led development of nationally recognised training, apprenticeship arrangements are managed by states and territories. The Prime Minister, the Hon Scott Morrison MP, announced on 20 December 2021 that the Transport and Logistics IRC consulted industry stakeholders and recommended a potential apprenticeship pathway for heavy vehicle drivers. If adopted by state and territory governments, such a pathway could help to professionalise the road transport workforce, improve training completion rates, and increase safety standards and the appeal of the industry to younger workers.
The Transport and Logistics IRC is responsible for the currency and development of the Transport and Logistics Training Package, which includes road transport qualifications. The IRC has updated the national Certificates II, III and IV in Driving Operations, which will strengthen vocational pathways by incorporating advances in technology and better aligning training and regulatory requirements. Updated training products were approved by the Australian Industry and Skills Committee in October 2021 and have been endorsed by Skills Ministers. RTOs are now able to deliver updated qualifications from early 2022.
As part of the 2021-22 Budget, the Australian Government announced an additional $2.7 billion to encourage employers to take on apprentices and trainees through the Boosting Apprenticeships Commencements wage subsidy. This wage subsidy reimburses 50 per cent of the wages eligible employers pay to a new or commencing Australian Apprenticeship for a 12-month period. This reimbursement is up to $7,000 per quarter.
The Australian Government further extended this support by announcing an additional $716 million through the Completing Apprenticeship Commencements program, where eligible employers can claim a 10 per cent wage subsidy for eligible apprentices or trainees in the second year of their apprenticeship (up to $1,500 per quarter, per apprentice) and 5 per cent in the third year of their apprenticeship (up to $750 per quarter, per apprentice). Both measures are critical for maintaining the pipeline of skilled workers needed to drive economic growth. These programs apply to heavy vehicle traineeships.
The Commonwealth, states and territories are each responsible for regulating and enforcing workplace health and safety (WHS) laws in their respective jurisdiction. All jurisdictions except Victoria have adopted the model WHS laws. Western Australia has passed a new WHS Act based on the model WHS Act, which is expected to commence in 2022. These laws recognise that certain types of work can be hazardous and require specific skills, capabilities and licences to perform safely. Under the model WHS Regulations, a person must be at least 18 years old and hold the appropriate 'high risk work' licence before performing certain classes of work, except as part of supervised training. These classes are set out under Schedule 3 of the model WHS Regulations and include the operation of forklifts. In line with this, workers under 18 years old are currently prohibited under the model WHS laws from operating forklifts.
Any proposal to accommodate this recommendation would first need to be progressed through Safe Work Australia, which maintains the model WHS laws. Amendments to the model WHS laws are subject to agreement by a two-thirds majority of WHS Ministers. Once agreed, implementation is then a matter for each jurisdiction.
On 20 January 2022, National Cabinet considered a proposal to lower the age at which someone can get a forklift licence as a possible option to address workforce shortages brought on by the COVID-19 pandemic. National Cabinet agreed not to proceed with the proposal.
The Australian Government is supportive of trainees, women and people from disadvantaged backgrounds entering the road transport industry.
At the 15th meeting of Infrastructure and Transport Ministers in May 2021, all Australian Infrastructure and Transport Ministers agreed to take action at a national level to support increased participation by women in the transport sector through a Women in Transport initiative. This initiative is a partnership between government and industry and includes initiatives to support women in entering and progressing within the transport sector, opportunities to showcase the work of senior women and establish an ongoing dialogue between industry and government.
The Australian Government is investing $481.2 million in the Transition to Work employment service to ensure young Australians have the best opportunity to secure employment. This specialist youth employment service helps unemployed Australians aged 15-24 move into work or education, and since 2016 has provided assistance to more than 145,000 young Australians.
In addition, the Australian Government is investing in the Mid-Career Checkpoint program targeted at women aged 30-45, which will support up to 40,000 Australians looking to return to the workforce.
Furthermore, the National Careers Institute continues to raise the profile of VET for women, including through its partnership with Supporting and Linking Tradeswomen (SALT). SALT promotes VET qualifications and career pathways to young women and helps individuals understand the potential benefits of VET.
The Australian Government notes recommendation 5.
The Australian Government notes the recommendation to expand the Australian Transport Safety Bureau's (ATSB) powers is consistent with recommendation 9.4 of the Productivity Commission's Report (PC Report) into Transport Regulatory Reform.
Further work is needed to identify the benefit and scope of any potential expansion of the ATSB's responsibility. In further considering recommendations of the PC Report, the Australian Government will consult with state and territory governments, regulators, the ATSB and industry in relation to the Rural and Regional Affairs and Transport References Committee's recommendation 5. This will include scoping issues including expected benefits to industry, resourcing options, potential legislative amendments, capacity needs within the ATSB and merits of different implementation options. To avoid duplication, consultations will clearly delineate responsibilities between the ATSB and other organisations (such as regulators) involved in safety investigations and research.
The National Road Safety Strategy 2021-30 classifies heavy vehicle safety and workplace road safety as key priorities for governments over the next decade. The Strategy commits to exploring the scope for Safe System investigations of fatal and serious injury heavy vehicle crashes, as well as supporting the implementation of Austroads' national guidance on vehicles as a workplace.
Under the model WHS laws adopted by all jurisdictions except Victoria (Western Australia has passed a new WHS Act based on the model WHS Act, which is expected to commence in 2022), persons conducting a business or undertaking are required to notify the regulator of any incident which involves serious injury, illness or death of a person, or is otherwise dangerous. A notifiable incident can occur at any workplace, including the road transport industry in relation to road crashes involving commercial heavy vehicles.
As part of their response to the 2018 review of the model WHS laws, WHS Ministers agreed to review the incident notification provisions in the model WHS Act. The Australian Government is now supporting Safe Work Australia (SWA) to progress this work.
SWA collects and publishes a range of data on workplace injuries, fatalities and diseases, including those specific to the road transport industry. The agency's statistics are collated from a range of sources. SWA is examining gaps in injury data regarding road transport, particularly in relation to independent contractors.
The Australian Bureau of Statistics (ABS) Work-Related Injuries and Illness survey supplements workers' compensation data to provide a more complete view of injury and illness in road transport. The ABS survey asks workers about their work-related injuries or illness, regardless of whether they applied for workers' compensation. The ABS conducts this survey every four years.
The Australian Government notes recommendation 6.
The Australian Government, together with states and territories and industry, has worked to develop the National Urban Freight Planning Principles (the Principles). The Principles were endorsed by Infrastructure and Transport Ministers in May 2021.
The Principles will bring together transport and land use planning and are intended to flow through to strategic planning and detailed planning guidance documents over time. The Principles are encouraged to be incorporated into state and territory level instruments and mirrored in local government planning schemes where appropriate.
The Australian Government will continue to work with state and territory governments on the implementation of the Principles to achieve improvements in land planning which should flow on to improvements of road envelopes and other factors required to facilitate efficient and safe road-based logistics support in metropolitan areas.
The Australian Government is committed to supporting the road transport industry and is implementing a range of programs aimed at supporting the improvement of road infrastructure to improve performance for all road users. The Infrastructure Investment Program includes funding committed towards a range of programs which get Australians home sooner and safer, meet our national freight challenge and build a stronger and more resilient Australia.
The $3 billion Road Safety Program (RSP) is providing targeted lifesaving road safety treatments on rural and regional roads and greater protection for vulnerable road users in urban areas. As an added benefit, the RSP is delivering over 9,000 jobs across all states and territories. The RSP will see safety improvements on state highways, arterial roads and urban and peri-urban roads through the application of various safety treatments to raise the standard of the road.
In addition, the $500 million Targeted Road Safety Works Program is providing upgrades across states and territories to improve road safety for all road users. Projects include the rollout of rumble strips, audio tactile markings, shoulder sealing and widening, and installation of safety barriers on high speed undivided roads.
Regional and remote road safety are priority areas in the National Road Safety Strategy 2021-30, including through planning and implementing network-wide safety improvements and better transport options and assistance. The Strategy also prioritises infrastructure and planning investment, and commits to supporting fatigue management through investment in heavy vehicle rest areas.
The Australian Government, with state and territory governments, is working on improvements to how heavy vehicle charges are set and invested, under the umbrella of 'Heavy Vehicle Road Reform'. The proposed reform package includes National Service Level Standards for roads, and reviewing proposed road expenditure against those standards. Charge revenue will be hypothecated to ensure that money is being spent on the things road users value most.
The Australian Government recognises the importance of heavy vehicle rest areas and their role in facilitating the health and wellbeing of operators, safety and efficiency of freight operations, and compliance with legislative obligations. The Australian Government is providing $607 million over 13 years from 2013-14 to 2024-25 to the Heavy Vehicle Safety and Productivity Program (HVSPP) which funds infrastructure projects that improve the productivity and safety outcomes of heavy vehicle operations across Australia.
The HVSPP has funded 69 projects representing a total of 123 heavy vehicle rest area facilities (noting one project can deliver multiple facilities). Of the 123 heavy vehicle rest areas funded, 86 are completed with a further 37 currently planned or underway. The HVSPP has supported funding for improved amenities including restrooms and showers.
In 2019, Austroads released its Guidelines for the Provision of Heavy Vehi cle Rest Area Facilities (the Guidelines). The Guidelines provide guidance for road managers on assessing the need and prioritisation for heavy vehicle rest areas, as well as prompting consideration of issues relating to planning and design concepts in the initial set out of heavy vehicle rest areas. The Guidelines also cover consideration of design elements including spacing and placement, safety features, amenities and signage.
The Australian Government recognises the importance of heavy vehicle drivers being able to access heavy vehicle rest areas. The Australian Government understands access to these areas can be impacted by the presence of non-heavy vehicles using heavy vehicle rest areas. However, the Australian Government notes road traffic infringements are a state and territory government responsibility. The Australian Government will work with state and territory governments on the best mechanisms to educate motorists about heavy vehicle only rest stops.
The Australian Government notes the Queensland Government has introduced fines for motorists using heavy vehicle rest areas if they are not driving commercial or heavy vehicles. The New South Wales Government has undertaken trials fining light vehicle motorists using heavy vehicle designated areas in two rest areas on the Pacific Highway.
In 2017-18, as part of Round 2 of the National Heavy Vehicle Regulator (NHVR) administered Heavy Vehicle Safety Initiative, the Australian Government provided funding to the Caravan Industry Association of Australia to support its Rest Stop Safety Campaign to inform caravan and recreational vehicle travellers about the appropriate use of rest stops and risks associated with disruptive behaviour. The Australian Government also funded TRUCKRIGHT to collaborate with NHVR to identify, mark and promote informal truck bays along the Newell Highway in NSW.
The Australian Government also notes ongoing work undertaken by the NHVR, state and territory governments and industry to educate light vehicle motorists of the importance in ensuring heavy vehicle drivers can access their designated rest areas.
Under the Heavy Vehicle National Law (HVNL) Safety and Productivity Program, options are being considered to increase heavy vehicle access. The Australian Government is supportive of increased combination lengths to accommodate additional space for sleeper cabins. Changes to combination lengths will require amendment of the Heavy Vehicle (Mass, Dimension and Loading) National Regulation made under the HVNL. The Australian Government will work with the National Transport Commission (NTC), jurisdictions and the NHVR to ensure length limits are appropriately considered under the HVNL Safety and Productivity Program. The Australian Government notes that Western Australia and the Northern Territory have chosen not to adopt the HVNL.
On 20 November 2020, state and territory Infrastructure and Transport Ministers endorsed a plan for the development of national voluntary guidelines for stevedore charges at Australia's container ports. The NTC has undertaken this work. Recognising regulatory arrangements and operational circumstances vary between ports, state and territory governments have acknowledged any decision to implement the guidelines, and their ongoing administration, are matters for each jurisdiction.
The Australian Government has acted on calls from industry and tasked the Productivity Commission to inquire into the long-term productivity of Australia's maritime logistics system. The purpose of the inquiry is to understand any long-term trends, structural changes, and impediments that impact the efficiency and dependability of Australia's maritime logistics system and connected supply chains. The Productivity Commission has been asked to assess infrastructure needs and constraints, including options to enhance the efficiency of ports and connected landside supply chains, the impacts of urban encroachment on ports and port connections, and adequacy of development planning and land protection. The inquiry will also consider the broader economic impact of increased freight costs including fees and charges in the maritime sector.
The Australian Government notes recommendation 7.
The Australian Government notes the benefits of telematics [ 2 ] in producing safety and productivity outcomes. The Australian Government will further investigate the benefit and need for initiatives to support education and awareness of telematics benefits in consultation with states and territories.
As part of the Heavy Vehicle National Law (HVNL) Safety and Productivity Program, options are being considered to encourage use of telematics.
The Australian Government agrees that telematics and technologies and the collection of data from these devices must adhere to robust privacy requirements.
The National Telematics Framework facilitates the use of digital technology and data by linking authorities, providers and operators to deliver public purpose outcomes. It contains components such as consent agreements that include privacy requirements, and .privacy-by-design principles embedded into the requirements of functional and technical specifications of telematics application service providers.
The HVNL contains requirements for managing personal information collected through its Intelligent Access Program (IAP). The IAP allows heavy vehicles to have improved access to the road network where their compliance with access conditions is monitored through telematics. The HVNL includes a provision requiring an IAP service provider to ensure collection of IAP information does not unreasonably intrude on the personal privacy of individuals to whom the information relates.
With respect to the handling of personal information more broadly, government agencies and organisations with an annual turnover of more than $3 million (including certain other small businesses) are subject to the Privacy Act 1988 and the requirements contained in the Australian Privacy Principles.
The Australian Government, state and territory governments and the NTC are working to introduce a regulatory framework for the safety of automated vehicles. In June 2020, Infrastructure and Transport Ministers agreed to work towards establishing a national approach to regulating automated vehicles when they are commercially deployed on our roads ('in-service'). This includes a new national law and regulator, supported by a general safety duty. In February 2022, Infrastructure and Transport Ministers agreed that the national Automated Vehicle Safety Law will be implemented as a Commonwealth law, with the law to be drafted by the end of 2023 and the law and regulator to commence by 2026.
The new in-service safety law will create obligations for entities responsible for automated driving systems to ensure they operate safely on Australian roads. This includes establishing safe design and accountability processes. The new national law will be supported by state and territory on-road enforcement activities that will assist enforcement officers to interact with and respond to road safety risks associated with automated vehicles.
In August 2019, Infrastructure and Transport Ministers agreed that jurisdictions should amend their motor accident injury and insurance schemes to cover crashes caused by automated vehicles. This reform will enable people injured in a crash involving an automated vehicle to access an equivalent level of care, treatment, benefits and compensation to that experienced by people injured in an accident involving a vehicle controlled by a human driver. Ministers also agreed to refer decisions on insurance to the state and territory-based Board of Treasurers for endorsement.
The Australian Government does not support the establishment of an independent standards-setting body as outlined in recommendation 1.
The Australian Government notes recommendation 8.
The Reserve Bank of Australia is in the process of conducting a public Review of Banknote Distribution Arrangements to consider changes to ensure the sustainability of cash distribution. The consultation was announced by the Payments System Board on 21 May 2021 and an issues paper was released on 15 November 2021. Submissions closed on 21 January 2022, with a subsequent paper providing a summary of consultation responses and setting out recommendations expected to be released in mid-2022.
While the Reserve Bank of Australia is the sole issuer of banknotes, it recognises that it is only one participant in the banknote distribution system and is seeking views on what changes to Australia's banknote distribution system might be required to ensure banknote distribution is effective, efficient, sustainable and resilient.
The Australian Government notes recommendation 9.
A new heavy vehicle operator assurance scheme is currently being considered under the Heavy Vehicle National Law (HVNL) Safety and Productivity Program. The new scheme is intended to support a flexible approach to meeting legislative requirements. Industry stakeholders will be closely consulted on a new scheme to ensure it reflects the needs of industry. The Australian Government supports sound regulation, education and operator assurance as appropriate mechanisms to encourage best practice, rather than a rating system which could prove to be anti-competitive.
Contracts with a road transport component are predominantly entered into by state and territory governments, rather than with the Australian Government. While the Australian Government is a major funding partner for transport infrastructure projects, the planning, design and construction (including procurement) is primarily the responsibility of state and territory governments.
More broadly, procurement frameworks already exist to support robust Australian Government procurements. This includes the Commonwealth Procurement Framework, that requires Commonwealth officials to undertake procurements that are efficient, effective, economical and ethical, as well as offering value for money and encouraging competition.
Guidance for jurisdictions when delivering infrastructure projects is provided through the National Guidelines for Infrastructure Project Delivery, covering the main approaches to project delivery including traditional contracting, alliance contracting and public-private partnerships.
Funding for roadside effluent is available under initiatives supported by the Australian Government's Infrastructure Investment Program under programs such as the Heavy Vehicle Safety and Productivity Program.
In 2020-21, under Round 5 of the Heavy Vehicle Safety Initiative (HVSI), the Australian Government awarded funding to the Australian Livestock and Rural Transporters Association (ALRTA) to support a project to develop and deliver an awareness campaign to enable stakeholders to better understand how to manage effluent for the Livestock Supply Chain Industry Code of Practice. This follows funding provided in 2018-19 under HVSI Round 3 that awarded ALRTA funding to establish Australia's first roadside effluent disposal facility for livestock carriers and use captured effluent for purposes such as irrigation, soil composting, worm farms and energy generation.
The Australian Government recognises that a key component of being a safe heavy vehicle driver is fatigue management. Fatigue management is one of six reform areas of the HVNL Safety and Productivity Program. The Australian Government supports an updated HVNL that reflects improved fatigue provisions, but also ensures drivers are not unfairly impacted. The heavy vehicle industry will be widely consulted before Ministers consider policies on fatigue provisions for the HVNL.
The Australian Government notes Western Australia and the Northern Territory have chosen not to adopt the HVNL.
The Australian Government already has a dedicated Minister for Transport: the Deputy Prime Minister, the Hon Barnaby Joyce MP, is Minister for Transport. The Australian Government notes that ministerial responsibilities are the decision of the Prime Minister.
The Australian Government does not support recommendation 10.
Establishing a Transport Advisory Group or commission would duplicate the functions of existing groups.
As part of its role to develop, coordinate and progress the strategic agenda of the Infrastructure and Transport Ministers' Meeting, the Infrastructure and Transport Senior Officials' Committee is required to engage with industry representatives to ensure ministers have access to high level advice from industry about the items it is considering.
Additionally, a number of working and executive groups support the policy direction and decision making of Infrastructure and Transport Ministers. These groups represent a diverse range of industry bodies, operators and state and territory governments.
[ 1 ] Funding amounts as of 31 January 2022.
[ 2 ] Telematics' can be defined as the branch of information technology which deals with the long-distance transmission of computerised information.
That pursuant to notice given yesterday on behalf of the Standing Committee for the Scrutiny of Delegated Legislation, I withdraw businesses of the Senate notices of motion Nos 1 and 5 for 12 sitting days after today proposing the disallowance of the Australian Citizenship (special residence requirement) Instrument 2021 and the Therapeutic Goods (Standard for Human Cell and Tissue Products—Donor Screening Requirements) Order 2021.
That leave of absence be granted to the following senators: Senators Sterle, Carr and Smith for 28 March for personal reasons.
That the Industry Research and Development (Underwriting New Generation Investments Program) Instrument 2021, made under the Industry Research and Development Act 1986, be disallowed.
Ad hoc intervention in the energy market, such as underwriting generation investment … will only result in less investment in energy generation, less reliable energy and ultimately higher prices—
An underwriting program may have merit, but presents significant risks to the public purse …
The Senate divided. [18:08]
(The President—Senator Brockman)
Treasury Laws Amendment (Cyclone and Flood Damage Reinsurance Pool) Bill 2022
That this bill be now read a third time.
Treasury Laws Amendment (Cost of Living Support and Other Measures) Bill 2022
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Last night the Treasurer told Australia that we had a plan for a strong economy and a stronger future. That this Government had a plan that delivers cost of living relief now. Today I introduce legislation that delivers on that.
This Bill demonstrates the Morrison Government's continued commitment to addressing cost of living pressures faced by Australians in a responsible, temporary and targeted manner.
Schedule 1 to the Bill increases the Medicare levy low-income thresholds for singles, families, and seniors and pensioners, consistent with increases in the consumer price index.
These changes will ensure that low-income households who did not pay the Medicare levy in the 2020-21 income year will generally continue to be exempt in the 2021-22 income year where their incomes have risen in line with, or by less than, the consumer price index.
The Medicare levy low-income thresholds ensure that people who pay no personal income tax due to their eligibility for structural offsets — such as the low-income tax offset — generally do not incur the Medicare levy.
The increase in thresholds will apply to the 2021-22 income year and future income years.
Schedule 2 to the Bill provides an income tax deduction for individual taxpayers who incur costs for COVID-19 testing expenses required to attend a place of work.
The Government recognises that COVID-19 tests help to mitigate transmission risks and absences from the workplace.
In making these expenses tax deductible, employers will also not incur fringe benefits tax where COVID-19 tests are provided to employees for this purpose.
Schedule 3 to the Bill amends the Income Tax Assessment Act 1997 to include the Royal Humane Society of New South Wales Incorporated, Perth Korean War Memorial Committee Incorporated, Greek Orthodox Archdiocese of Australia Consolidated Trust Cathedral of the Annunciation of our Lady Restoration Fund, The Australian Future Leaders Foundation Limited, Lord Mayor's Charitable Foundation, and The Ramsay Centre for Western Civilisation Limited on the list of deductible gift recipients.
Deductible gift recipient status allows members of the public to receive income tax deductions for donations of $2 or more that they make to these six organisations.
Schedule 4 to the Bill makes it easier for businesses to create employee share schemes by reducing red tape. It reduces the regulatory requirements that apply to employee share schemes and the associated compliance burden.
These reforms also expand access to the regime to cover a broader range of employee share schemes so that more participants can benefit. This includes covering employee share schemes in unlisted companies of unlimited value, provided that participants do not contribute more than $30,000 each year.
These changes make it easier for businesses to attract and reward talent to compete globally. It will also give Australians more opportunities to share in the economic value they create through their hard work.
The Legislative and Governance Forum on Corporations have been notified of the amendments in Schedule 4 to the Bill as required under the Corporations Agreement 2002 .
Schedule 5 to the Bill will reduce the Global Domestic Product uplift factor for pay as you go and GST instalments for the 2022-23 income year from the rate calculated by application of the statutory formula to 2 per cent.
This year's statutory instalment rate is not likely to reflect current economic conditions for many small and medium enterprises, particularly those still affected by the disruptions of the COVID-19 pandemic and other natural disasters. The substituted rate will minimise adverse cash flow consequences for small to medium enterprises.
Schedule 6 to the Bill delivers a one-off Cost Of Living Tax Offset to support low and middle income earners facing rising cost of living pressures. The Government is delivering this cost of living tax offset through the tax system by increasing the low and middle income tax offset by $420 for the 2021-22 income year.
The low and middle income tax offset is available to individuals with taxable incomes of less than $126,000, and currently provides a reduction in tax of up to $1,080.
This one-off cost of living tax offset increases the maximum low and middle income tax offset benefit to $1,500 for a single income household and $3,000 for a dual income household.
This benefit will be paid when taxpayers lodge their tax return for the 2021-22 income year.
Over 10 million taxpayers are expected to benefit from the one-off cost of living tax offset for 2021-22.
Overall, the one-off cost of living tax offset will provide $4.1 billion in tax relief to low- and middle-income earners. This is on top of the $7.8 billion in tax relief that the Government delivered through the LMITO for the 2021-22 income year.
Schedule 7 to the Bill ensures all Australians continue to have the best access to the PBS, and that medicines continue to be affordable for all Australians. The amendment will reduce the Pharmaceutical Benefits Scheme general patient charge by $10.00, from the current amount of $42.50 to the new amount of $32.50, commencing on 1 May 2022.
The Australian Government is committed to ensuring that all Australians are able to access high quality health care. The PBS provides significant direct assistance to make medicines affordable. This includes the provision of access to subsidised medicines through the PBS.
This measure will provide a significant benefit to the affordability of the PBS listed medicines for general patients by reducing the general PBS co-payment.
General patients will pay no more than $32.50 of out-of-pocket costs (excluding optional charges imposed by manufacturers).
This means that over 3 million Australians will pay less for their medicines each year, with close to 17 million scripts costing patients less.
The indexation arrangements for the general patient co-payment will continue according to the existing indexation arrangements. However, the indexation calculation will now work off a significantly reduced baseline of $32.50, meaning that patients will continue to save for many years into the future.
The Government's commitment to ensuring that Australians can access affordable medicines, when they need them, remains a priority.
Schedule 8 to the Bill will assist Australian households with a one-off Cost of Living Payment of $250, expected to flow to approximately 6 million eligible Australians. This payment will assist eligible recipients with higher cost of living pressures.
Recipients of social security and veterans' payments and holders of certain concession cards will be eligible if they are residing in Australia on the test date of 29 March 2022.
Schedule 9 makes consequential changes to the Product Stewardship (Oil) Regulations 2000 to implement the amendments in the measure contained in the Excise Tariff Amendment (Cost of Living Support) Bill 2022 and the Customs Tariff Amendment (Cost of Living Support) Bill 2022, which I will be introducing shortly.
Full details of the measures are contained in the Explanatory Memorandum.
(1) Schedule 3, item 1, page 8 (table item 2.2.55), to be opposed.
(2) Schedule 3, item 8, page 9 (lines 10 to 12), to be opposed.
That the bill be now read a third time.
Excise Tariff Amendment (Cost of Living Support) Bill 2022
Customs Tariff Amendment (Cost of Living Support) Bill 2022
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.
EXCISE TARIFF AMENDMENT (COST OF LIVING SUPPORT) BILL 2022
This Bill amends the Excise Tariff Act 1921 to halve the excise rate which applies to domestically produced petrol and diesel. This means the excise rates for petrol and diesel will fall from 44.2 cents per litre to 22.1 cents per litre.
The Russian invasion of Ukraine has seen fuel prices increase, adding to the cost of living pressures faced by families and the cost of doing business. As part of Australia's plan for a stronger future, the Government is taking decisive, responsible and temporary action to reduce the pressure of high fuel prices on household budgets across Australia.
The temporary 50 per cent reduction in excise will apply to all fuel products, other than aviation fuels, for six months from 30 March 2022 to 28 September 2022. Existing indexation arrangements will still apply to the reduced rates in August 2022. At the conclusion of the six months, the excise rates will revert to the previous rates, including indexation that would have occurred on the full rates during the six months.
The Australian Competition and Consumer Commission will continue to monitor the prices, costs and profits relating to the supply of petroleum products in the petroleum industry in Australia, to help ensure benefits are passed on to Australians. This standing direction from the Treasurer is currently in place until December 2022.
This Bill is complemented by measures in the Customs Tariff Amendment (Cost of Living Support) Bill 2022 and theTreasury Laws Amendment (Lowering Household Costs and Other Measures) Bill 2022 .
Full details of the measure are contained in the Explanatory Memorandum.
CUSTOMS TARIFF AMENDMENT (COST OF LIVING SUPPORT) BILL 2022
This Bill supports Excise Tariff Amendment (Cost of Living Support) Bill 2022 by amending the Customs Tariff Act 1995 to halve the excise equivalent customs duty applying to imported fuels. This means the excise equivalent customs duty rates for petrol and diesel will fall from 44.2 cents per litre to 22.1 cents per litre.
The Russian invasion of Ukraine has seen fuel prices increase, adding to the cost of living pressures faced by families and the cost of doing business. As part of Australia's plan for a stronger future, the Government is taking decisive, responsible and temporary action to reduce the pressure of high fuel prices on household budgets across Australia.
The temporary 50 per cent reduction in excise equivalent customs duty will apply to all fuel products, other than aviation fuels, for six months from 30 March 2022 to 28 September 2022. Existing indexation arrangements will still apply to the reduced rates in August 2022. At the conclusion of the six months, the excise equivalent customs duty rates will revert to the previous rates, including indexation that would have occurred on the full rates during the six months.
Full details of the measure are contained in the Explanatory Memorandum.
… as we gather, war rages in Europe.
The global pandemic is not over.
Devastating floods have battered our communities. We live in uncertain times.
The Greens in the balance of power will push the next government to move further and faster to tackle the climate crisis, to end coal and gas, to do more on mitigation and resilience, and to protect people and the planet.
Real wages have been stagnant in Australia for almost a decade, frustrating Lowe, who said he would 'like to see some bigger increases'.
That these bills be now read a third time.
Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) 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 modernises and streamlines social security law to support a new employment services model, which will change the way that employment services are delivered from 1 July 2022. The new model offers job seekers who are more job-ready the opportunity to self-manage their pathway to work using a digital platform, while providing more intensive, tailored face-to-face support for those who need or want it.
The new model builds on evidence from the New Employment Services Trial and Online Employment Services Trial. The new model will make better use of digital technology to support job seekers to find work and aligns with recommendations made by the Employment Services Expert Advisory Panel's report, I Want to Work: Employment Services 2020 .
A key feature of the new model will be job-ready job seekers being able to self-manage their requirements through Digital Services and having more choice in how they meet their requirements through the Points Based Activation System. While job search remains a core element, job seekers will have greater agency to determine and access the activities they undertake on their pathway to employment and will be rewarded for their active effort and engagement.
This Bill will enable job seekers to self-manage their requirements through Digital Services and access more flexibility and have greater control over how they meet their requirements.
The amendments to modernise social security law will better support online servicing and Points-Based Activation. This includes consolidating and streamlining Job Plan and exemption provisions, which are currently duplicated across four payment types, and clarifying that mutual obligations for unemployment payments can be met by complying with a Job Plan.
This Bill also makes a range of other improvements to the social security law which are consistent with current Government policy and practice.
The Bill removes the use of 'must' in provisions relating to the Targeted Compliance Framework and instead refers to circumstances in which a person 'may' be subject to compliance action, to better reflect operational policy.
The Bill also places in the social security law the legislative authority for employment programs to help job seekers find and keep paid work, making the authority more transparent and accessible. The Bill will enable more agile responses to pandemics and other emergencies, ensure that employment services assistance is not counted as income under social security law and clarify arrangements for job seekers who study as part of their requirements.
Schedule 1 of this Bill will facilitate the use of technology to enable job seekers to manage their own mutual obligations and pathway back to employment using online services.
The Government began trialling online employment services in July 2018 and significantly expanded these services in response to COVID-19. Departmental evidence shows that online servicing is effective, with over 400,000 referrals to online employment services between 20 March 2020 and 31 January 2021 exiting and not returning to employment services.
Current social security law does not, however, adequately enable the best use of technology, as most of it was drafted decades ago.
This Bill will allow job seekers to choose their own Job Plan requirements, within departmental guidelines, and to manage their Job Plans online.
The amendments in this Bill do not mean that computers will be delivering employment services to job seekers or approving Job Plans.
Human oversight and assistance will remain an integral part of all employment services. At any time, a job seeker can contact a person in the Digital Services Contact Centre for assistance or opt out of online employment services and agree their Job Plan with a human delegate at an employment services provider of their choice.
And all the existing protections will be retained. The Bill ensures that a delegate must always take a job seeker's circumstances into account and that a delegate cannot require a job seeker to enter into a Job Plan that contains unsuitable requirements.
The Bill also streamlines and modernises social security law. This is because much of the social security law relating to mutual obligation requirements was written several decades ago and has not kept pace with changes to payments, employment services or mutual obligation requirements. For example, the Bill will remove the unnecessary phrasing of the 'activity test', which was introduced 30 years ago in 1991, at a time when unemployment payments and employment services were very different. In practice, job seekers meet their mutual obligation requirements by complying with the terms of their Job Plan and this will be more clearly reflected in the legislation.
This Bill will remove approximately 130 pages of superfluous social security legislation. The changes streamline and reduce the complexity of social security law to better support understanding and administration of existing mutual obligation policy.
Current policy and protections for job seekers will be maintained, while duplicated and redundant provisions are reduced to ensure the legislation is fit for purpose now and in the future.
Schedule 2 of the Bill places legislative authority for Commonwealth expenditure on employment programs within the responsibility of the Employment Minister and department. This is more appropriate than current arrangements involving regulations administered by the Finance Minister, and will enhance the transparency and accessibility of the legislative authority while maintaining usual processes, including that funding for the programs will still need to come from annual appropriations.
Schedule 3 more clearly supports the intent of the Targeted Compliance Framework to encourage job seekers to comply with their mutual obligation requirements and re-engage when they have failed to meet a requirement. The Bill ensures that sanctions need not be imposed when recipients of participation payments have a valid reason for failing to meet their requirements, or immediately re-engage, consistent with current practice and with the objectives of the Targeted Compliance Framework.
Schedule 4 of the Bill ensures that payments from government employment programs to assist job seekers with finding work - for example, Relocation Assistance to Take Up a Job - do not need to be declared as income to Centrelink and do not reduce a job seeker's payment. This means payments from employment programs can be used as intended by the job seeker and therefore improve the effectiveness of the programs, consistent with current practice.
Schedule 5 of the Bill clarifies an administrative process for declarations of approved programs of work. The Bill provides Parliamentary oversight by stating that such a declaration is a legislative instrument, meaning that each declaration will be registered and tabled. The amendments do not affect current declared programs or the supplements associated with these programs.
Schedule 6 of the Bill consolidates four provisions and makes a minor amendment to better clarify the existing policy that certain Commonwealth workplace laws do not apply in relation to a person's participation in Commonwealth employment programs, including where a person may be doing so as part of points requirements.
Schedule 7 of the Bill makes clear in legislation the long-standing policy and practice that young people who are participating in full-time study as part of a Job Plan are considered job seekers and not students for the purposes of the Youth Allowance income free area. Young people participating in approved full-time study can still choose whether they study as a full-time student or under a Job Plan, as they have always been able to.
Schedule 8 of the Bill includes amendments supporting the 2021-22 Budget measure to align payment commencement for job seekers referred to online employment services with those who are referred to a provider.
This Bill will remove an inequity whereby job seekers who are referred to a provider are paid from a later date than those who are self-managing their requirements in online employment services.
From 1 July 2022, job seekers will be paid income support starting either from the date they attend an appointment with a provider or the date they agree to their online Job Plan. The amendments in this Bill will also encourage job seekers who are referred to online employment services to connect quickly and maximise their likelihood of finding work.
All existing protections for job seekers will be maintained, which means that when job seekers who self-manage their job search are unable to agree to their Job Plan within a reasonable timeframe, for reasons outside their control, they will not have their payment delayed.
This could be the case, for example, when a job seeker experiences illness, accident, or inability to access IT services.
Some job seekers may also be exempt from the measure, consistent with existing arrangements. This means they will receive their payment immediately after their claim has been processed, backpaid to their date of claim.
These exemptions cover, for example, job seekers who are transferring from another payment; are exempt from mutual obligations; or have been referred to Disability Employment Services or further assessment at time of claim.
Job seekers who are using online employment services can contact the Digital Services Contact Centre if they need assistance with agreeing to their Job Plan or meeting their requirements.
Schedule 9 of the Bill repeals spent provisions relating to ceased programs, with no impact on job seekers or current policy.
Schedule 10 makes minor contingent amendments.
This Bill will support the new employment services model by streamlining and modernising social security law. This will improve the way job seekers manage and meet their mutual obligation requirements and support job seeker agency in determining their own pathway to employment.
I commend this Bill to the chamber.
The Australian Greens are extremely disappointed by the rushed nature of the inquiry into the Social Security Legislation Amendment (Streamlined Participation Requirements and Other Measures) Bill 2021. This bill encompasses significant changes to employment services, mutual obligations and compliance for income support recipients… Unfortunately, stakeholders were only provided with a few business days to consider the bill and make submissions to the inquiry. This is wholly inadequate for a suite of such significant changes. While there are some positive changes, such as more flexibility and agency in creating a job plan, a number of the proposed changes do raise deep concerns and need more careful consideration.
At the end of the motion, add ", but the Senate:
(a) notes that punitive mutual obligations have unfairly restricted people's access to income support; and
(b) calls on the Government to abolish the Work for the Dole program and provide income support to everyone who needs it".
The Senate divided. [20:04]
(The Acting Deputy President—Senator McGrath)
That this bill be now read a third time.
Social Services and Other Legislation Amendment (Pension Loans Scheme Enhancements) 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.
S ocial Services and Other Legislation Amendment (Pension L oans Scheme E nhancements) B ill 2021
The Morrison Government is increasing the flexibility of the Pension Loans Scheme to give our senior Australians more choices in their retirement.
The Retirement Income Review highlighted that accessing a portion of a person's home equity can greatly improve their living standards in retirement. This is particularly true for those senior Australians who hold substantive assets but have limited income.
Around 80 per cent of those over the age of 65 are homeowners, with many of our senior Australians having significant equity in their home or other real estate assets.
The Pension Loans Scheme gives our senior Australians another option for using their accumulated wealth to support their retirement lifestyle.
Participation in the Pension Loan Scheme is voluntary and the Scheme is similar to a reverse mortgage product.
It provides senior Australians the option of drawing a fortnightly loan amount, backed by the equity in their home or other real estate assets, to supplement their other retirement income.
Through the Scheme, pensioners can top up their pension payment with loan payments, up to a maximum of 150 per cent of the fortnightly rate of the Age Pension. Eligiblenon-pensioners , such as self-funded retirees, can receive the full 150 per cent of the fortnightly rate of the Age Pension in loan payments.
The Morrison Government enhanced the Pension Loans Scheme in the 2019-20 Budget by expanding its eligibility to all older Australians of Age Pension age and increasing the maximum allowable fortnightly combined pension plus loan from 100 per cent to 150 per cent of the rate of the Age Pension. This allowed maximum rate pensioners to participate in the Scheme for the first time.
Since those changes came into effect on 1 July 2019, the number of participants in the Scheme, as at 30 September 2021, has grown from around 780 to over 5,000. This six-fold increase in two years demonstrates that the Scheme is meeting the needs of our senior Australians.
This Bill will introduce two additional features to the Pension Loans Scheme to further increase flexibility and confidence in the Scheme for those senior Australians who choose to use it. These measures will come into effect on 1 July 2022.
Firstly, a " No Negative Equity Guarantee ", will apply to all Pension Loans Scheme participants. It will mean that when Scheme participants settle their debt, they will not repay more than the equity they have in the property used to secure their loan.
Introducing a No Negative Equity Guarantee brings the Pension Loans Scheme in line with a obligation placed on private providers of reverse mortgage products, who have been required, since 2012, to provide aNo Negative Equity Guarantee to users of home equity products.
The No Negative Equity Guarantee will provide additional confidence for participants of the Pension Loans Scheme. It builds upon the strong safeguards already in place to minimise the possibility of a participant's debt exceeding their secured equity.
These safeguards include:
Secondly, participants of the Pension Loans Scheme will be able to access a portion of their payment as a lump sum advance.
This option to choose a lump sum advance will give retirees greater flexibility and a new mechanism to help them meet unexpected and or substantial expenses.
The maximum lump sum advance will be capped at 50 per cent of the maximum fortnightly rate of the Age Pension over 26 fortnights.
Based on current Age Pension rates, the maximum advance payment will be, over a 26 fortnight period, around $12,580 for singles and around $18,960 for couples combined.
Any advance taken will reduce the amount of fortnightly Pension Loans Scheme payments a participant can receive.
Participants will be able to take up to two advances in any 26 fortnight period, with the combined total limited by the 50 per cent cap.
Consequently, the maximum amount a participant can receive in loan payments will generally be the same irrespective of whether they take an advance payment, fortnightly payments, or a combination of both.
These measures will ensure that participants do not build up excessive debt balances, while providing them flexibility and choice in how they tap into the equity of their real estate assets.
To complement the introduction of these new measures, the Morrison Government will embark on a campaign to raise awareness of the Pension Loans Scheme.
Although the Pension Loans Scheme has operated since the 1985, awareness among our senior Australians remains low and there remains a misconception that only those people receiving the Age Pension can access the Scheme.
While participants need to be of Age Pension age, they do not actually need to be receiving a pension payment in order to qualify for the Scheme.
The awareness raising campaign will help our senior Australians improve their understanding of the Scheme and the new features can be used to improve their living standards in retirement.
Home ownership has always been the bedrock of our society. This Bill will give our older Australians more confidence to tap into a small proportion of their home equity to increase their retirement outcomes.
We want our senior Australians to enjoy greater choice, financial independence and quality of life in their retirement years.
At the end of the motion, add ", but the Senate notes that the Coalition Government has repeatedly tried to cut the pension, including pensioner concessions, the assets test and indexation, and attempted to increase the pension age to 70".
The Senate divided. [20:18]
(The President—Senator Brockman)
Social Security Amendment (Improved Child to Adult Transfer for Carer Payment and Carer Allowance) Bill 2022
That this bill may proceed without formalities and be now read a first time.
At the end of the motion, add ", but the Senate condemns the Government for failing many of Australia's 2.6 million carers during the pandemic".
The Senate divided. [20:23]
(The President—Senator Brockman)
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 1) Bill 2021
That this bill be now read a first time.
The Senate divided. [20:27]
(The President—Senator Brockman)
Security Legislation Amendment (Critical Infrastructure Protection) Bill 2022
That this bill be now read a first time.
(1) Schedule 1, page 4 (after line 14), after item 7, insert:
7A Section 5
Insert:
critical component of a critical infrastructure asset, means a part of the asset, where absence of, damage to, or compromise of, the part of the asset:
(a) would prevent the proper function of the asset; or
(b) could cause significant damage to the asset;
as assessed by the responsible entity for the asset.
(2) Schedule 1, page 5 (after line 21), after item 11, insert:
11A Section 5
Insert:
critical worker means an individual, where the following conditions are satisfied:
(a) the individual is an employee, intern, contractor or subcontractor of the responsible entity for a critical infrastructure asset to which Part 2A applies;
(b) the absence or compromise of the individual:
(i) would prevent the proper function of the asset; or
(ii) could cause significant damage to the asset;
as assessed by the responsible entity for the asset;
(c) the individual has access to, or control and management of, a critical component of the asset.
(3) Schedule 1, item 71, page 64 (after line 25), after paragraph 52B(3)(a), insert:
(aa) the Parliamentary Joint Committee on Intelligence and Security;
(4) Schedule 1, page 68 (after line 29), at the end of the Schedule, add:
75 After section 60
Insert:
60AAA Regular reports about consultation
(1) The Secretary must give the Minister a report relating to the conduct, progress and outcomes of consultations undertaken by the Department in relation to:
(a) the amendments made by the Security Legislation Amendment (Critical Infrastructure Protection) Act 2022 ; and
(b) the amendments of this Act made by the Security Legislation Amendment (Critical Infrastructure) Act 2021 ;
during a designated reporting period (see subsection (4)).
(2) The Minister must give a copy of a report under subsection (1) to the Parliamentary Joint Committee on Intelligence and Security.
(3) A report under subsection (1) must not include personal information (within the meaning of the Privacy Act 1988 ).
Designated reporting period
(4) For the purposes of this section, designated reporting period means:
(a) the period beginning at the commencement of this section and ending at the earlier of the following times:
(i) the end of the 6-month period that began at the commencement of this section;
(ii) the time when the Parliamentary Joint Committee on Intelligence and Security began to conduct a review under section 60B; or
(b) the period beginning immediately after the end of the immediately preceding designated reporting period and ending at the earlier of the following times:
(i) the end of the 6-month period that began immediately after the end of the immediately preceding designated reporting period;
(ii) the time when the Parliamentary Joint Committee on Intelligence and Security began to conduct a review under section 60B.
(5) Schedule 1, page 68, at the end of the Schedule (after proposed item 75), add:
76 Section 60A
Repeal the section, substitute:
60A Independent review
(1) The Minister must cause an independent review to be conducted of the operation of this Act.
(2) The review must be conducted after the end of the 12-month period that began at the commencement of this section.
(3) The person or persons who conduct the review must:
(a) give the Minister a written report of the review; and
(b) do so within 12 months after the commencement of the review.
(4) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
The Senate divided. [20:32]
(The President—Senator Brockman)
National Disability Insurance Scheme Amendment (Participant Service Guarantee and Other Measures) Bill 2022
That this bill may proceed without formalities and be now read a first time.
1494:
(1) Schedule 1 item 23, page 9 (lines 5 and 6), omit "or CEO's own initiative".
(2) Schedule 1, item 23, page 10 (lines 22 to 24), omit subsection (2), substitute:
Variation on request of participant
(2) The CEO may vary the participant's plan on request of the participant.
(3) Schedule 1, item 23, page 11 (lines 21 to 25), omit subsection 47A(6), substitute:
(6) The National Disability Insurance Scheme rules may set out matters to which the CEO must have regard in doing a thing under subsection (4).
(1) Schedule 1, page 18 (after line 3), after item 44, insert:
44A After subsection 100(6A)
Insert:
(6B) The reviewer must give written notice of the reasons for the decision made under subsection (6).
(2) Schedule 2, item 3, page 27 (line 11), omit "should", substitute "must".
(3) Schedule 2, page 29 (after line 28), after item 17, insert:
17A Subsection 24(2)
Repeal the subsection, substitute:
(2) For the purposes of subsection (1), an impairment or impairments that vary in intensity, are episodic, or are fluctuating may be taken to be permanent, and the person may be taken to be likely to require support under the National Disability Insurance Scheme for the person's lifetime, despite the variation, episodic or fluctuating nature of the impairments.
(4) Schedule 2, item 20, page 30 (lines 14 to 19), omit the item, substitute:
20 After subsection 25(1)
Insert:
(1A) For the purposes of subparagraph (1)(a)(i), an impairment or impairments that vary in intensity, are episodic or are fluctuating may be taken to be permanent despite the variation, episodic or fluctuating nature of the impairments.
(1B) For the purposes of subparagraph (1)(a)(ii), an impairment or impairments to which a psychosocial disability is attributable and that are episodic or fluctuating may be taken to be permanent despite the episodic or fluctuating nature of the impairments.
(5) Schedule 2, item 33, page 33 (after line 21), after subsection (2), insert:
Rules and consultation
(2A) The National Disability Insurance Scheme rules must include a definition of unreasonable risk that has been co-designed with participants.
(6) Schedule 2, page 33 (after line 30), after item 34, insert:
34A At the end of section 44
Add:
(4) Before making any rules under subsections (2A) or (3), the Minister must consult with participants.
(7) Schedule 2, item 36, page 34 (after line 26), at the end of section 45, add:
Note: This section does not prevent a participant from choosing to fund the payment of supports up-front from their own funds and claiming payment from the NDIS as a reimbursement. This section also does not prevent the use of unregistered providers by self-managed participants.
(8) Schedule 2, item 47, page 36 (lines 18 to 23), omit the item, substitute:
47 Subsection 127(6)
Repeal the subsection, substitute:
Diversity of members
(6) In appointing the Board members, the Minister must ensure that:
(a) at least 50% of Board members are a person with disability; and
(b) at least 50% of Board members are women or gender diverse.
(1) Schedule 1, item 24, page 13 (after line 13), after subsection 48(5), insert:
Procedural fairness
(5A) The National Disability Insurance Scheme rules must set out requirements relating to procedural fairness in relation to the reassessment of a participant's plan on the CEO's own initiative.
(5B) Without limiting subsection (5), the National Disability Scheme rules must require the CEO to:
(a) notify the participant of a decision of the CEO to conduct a reassessment of the participant's plan on the CEO's own initiative within a specified time period; and
(b) provide reasons to the participant for a decision of the CEO to conduct a reassessment of a participant's plan on the CEO's own initiative; and
(c) notify the participant of the matters in the participant's plan that are subject to reassessment; and
(d) notify the participant of opportunities for the participant to participate in the reassessment process.
(2) Schedule 1, item 61, page 22 (cell at table item 3, third column, after paragraph (b)), insert:
(ba) subsection 48(5A);
The Senate divided. [20:37]
(The President—Senator Brockman)
Road Vehicle Standards (Consequential and Transitional Provisions) Amendment Bill 2022
Australian Research Council Amendment Bill 2021
That this bill be now read a first time.
Data Availability and Transparency Bill 2022
Data Availability and Transparency (Consequential Amendments) Bill 2022
That these bills be now read a first time.
(1) Schedule 1, page 3 (line 3), omit the heading.
(2) Schedule 1, item 1, page 3 (lines 4 to 13), omit the item.
(3) Schedule 1, item 4, page 3 (lines 24 to 29), omit the item.
(4) Schedule 1, item 5, page 4 (lines 4 to 16), omit subsection 7(2F), substitute:
(2F) An agency that is a data scheme entity within the meaning of the Data Availability and Transparency Act 2022 is exempt from the operation of this Act in relation to a document that contains scheme data within the meaning of that Act, to the extent the document contains such data.
(5) Schedule 1, page 4 (before line 18), before item 6, insert:
5A After section 36
Insert:
36B Complai nts relating to the data sharing scheme
(1) If a complaint relates to the data sharing scheme within the meaning of the Data Availability and Transparency Act 2022 , the Commissioner may share information and documents about the complaint with the National Data Commissioner (theNDC ), for the purposes of the NDC exercising powers, or performing functions or duties, under that Act.
(2) The Commissioner may share only information and documents under subsection (1) that were acquired by the Commissioner in the course of exercising powers, or performing functions or duties, under this Act.
(3) To avoid doubt, the Commissioner may share information or documents with the NDC under this section whether or not the Commissioner is transferring the complaint or part of the complaint to the NDC.
Note: The Commissioner may transfer the complaint to the NDC under section 50, if the Commissioner is of the opinion that the complaint could have been made to the NDC.
(6) Page 4 (after line 29), at the end of the Bill, add:
Sch edule 2 — Application provisions
1 Applications for accreditation under the Data Availability and Transparency Act 2022
(1) An entity may apply for accreditation as an accredited user or an ADSP under section 76 of the Data Availability and Transparency Act 2022 on or after the day after the end of the period of 4 months beginning on the day this Act receives the Royal Assent.
(2) However, an entity that is a Commonwealth body, a State body or a Territory body may apply for accreditation as an accredited user under section 76 of the Data Availability and Transparency Act 2022 on or after the day after the end of the period of 2 months beginning on the day this Act receives the Royal Assent.
(3) Applications for accreditation as an accredited user or an ADSP under section 76 of the Data Availability and Transparency Act 2022 may not be made except in accordance with subitems (1) and (2).
Schedule 3 — Transitional provisions
1 Definitions
(1) In this Schedule:
DAT Act means theData Availability and Transparency Act 2022 .
rules means rules made by the Minister under item 4.
transitional entity means an Australian entity prescribed by the rules.
transition period , for a transitional entity, means the period prescribed for the entity by the rules.
(2) Other expressions used in this Schedule that are also used in the DAT Act have the same meaning in this Schedule as they have in the DAT Act.
2 Transitional provisions
(1) For the purposes of the data sharing scheme, a transitional entity is taken, during its transition period, to be accredited as an ADSP under the DAT Act.
(2) The rules may prescribe conditions of accreditation applicable to a transitional entity. For the purposes of the data sharing scheme as it applies because of subitem (1), any such condition is taken to have been imposed by the Commissioner under section 78 of the DAT Act.
Note: Under section 78 of the DAT Act as it applies because of subitem (1), the Commissioner may vary or remove a condition prescribed by the rules, or impose other conditions.
(3) The transition period for a transitional entity must end no later than the earlier of the following:
(a) if the Commissioner cancels the entity's accreditation as an ADSP under section 81 of the DAT Act—the day the cancellation takes effect;
(b) the end of the period of 40 months beginning on the day this Act receives the Royal Assent.
3 This Schedule is part of the data sharing scheme
The data sharing scheme is taken to include this Schedule and the rules.
4 Rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Schedule to be prescribed by the rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Schedule.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
The Senate divided. [20:45]
(The President—Senator Brockman)
Offshore Petroleum (Laminaria and Corallina Decommissioning Cost Recovery Levy) Bill 2021
Treasury Laws Amendment (Laminaria and Corallina Decommissioning Cost Recovery Levy) Bill 2021
That these bills may be taken together and be now read a first time.
Criminal Code Amendment (Firearms Trafficking) Bill 2022
That this bill be now read a first time.
That this bill be now read a second time.
At the end of the motion, add ", but the Senate notes that:
(a) this Bill includes mandatory sentencing and presumptive minimum sentencing provisions;
(b) mandatory sentencing and presumptive minimum sentencing are a gross departure from the standard legislative approach to sentencing for criminal offences;
(c) it is the role of Parliament to provide a maximum penalty based on the relative severity of the offence, and it is the role of the courts to assess and determine the appropriate sentence in each individual case; and
(d) mandatory sentences and presumptive minimum sentences:
(i) are arbitrary,
(ii) contradict the principle of imprisonment as a last resort, and
(iii) undermine the fundamental principles of our legal system."
Aged Care and Other Legislation Amendment (Royal Commission Response No. 2) Bill 2021
At the end of the motion, add ", but:
(a) the Senate affirms the importance of implementing the recommendations of the Royal Commission into Aged Care Quality and Safety;
(b) the Senate notes that:
(i) the aged care sector is in crisis due to this government's failure to support aged care residents, providers and workers,
(ii) the Minister for Senior Australians and Aged Care Services and the Prime Minister have refused to characterise this as a crisis, despite the number of deaths occurring on a daily basis,
(iii) the government has failed to support the case for a 25 per cent pay increase for aged care workers, which would provide the support they need and deserve, and
(iv) the government has failed to ensure that allied health services receive the funding they deserve to support aged care residents; and
(c) the Senate calls on the government to respond to the crisis in the aged care sector with the urgency that is required.
The Senate divided. [20:54]
(The President—Senator Brockman)
At the end of the motion, add ", but the Senate:
(a) notes the:
(i) systemic, ongoing failures in Australia's aged care system as evidenced by the Royal Commission into Aged Care Quality and Safety and 21 other expert reports since 2013,
(ii) inadequacy of the Government's response to the Royal Commission, including an unclear plan for reform implementation and deferred and curtailed legislative action on key issues including, but not limited to, transparency on the use of public aged care funding by aged care providers, and
(iii) Government's failures in providing safe, secure and high-quality care for aged care residents due to their historic cuts and poor management of the aged care sector; and
(b) acknowledges the:
(i) significant issues and concerns raised with the bill by stakeholders including providers, unions and the advocates of older Australians,
(ii) particular concerns raised about the consequences of this bill on the ability for aged care providers to recruit and retain staff to provide safe and quality care to older Australians,
(iii) Government's lack of action to recruit and retain workers to resolve the growing aged care workforce shortage crisis, and
(iv) foundation of any successful reform in the aged care sector must include ensuring there are more workers and that those workers are better paid; and
(c) calls on the Government to urgently address the growing aged care workforce shortage to ensure that older Australians receive the safe and quality care they deserve".
The Senate divided. [20:58]
(The President—Senator Brockman)