The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 09:00, made an acknowledgement of country and read prayers.
Improving Access to Medicinal Cannabis Bill 2023
Referendum (Machinery Provisions) Amendment Bill 2022
… around 92% of the respondents to the ACCC news survey had some concern about the quality of news and journalism they were consuming.
… not providing a physical, posted pamphlet in remote areas would leave some people, particularly older people and Elders, without reliable access to information about the referendum, especially given the barriers to telecommunications access in some communities.
The Senate divided. [10:59]
(The President—Senator Lines)
At the end of the motion, add ", but the Senate:
(a) notes that holding referendums separately to a federal election costs the Australian public more than holding referendums simultaneously with a federal election; and
(b) calls on the Government to manage the process to ensure that if the Voice to Parliament referendum is to proceed that it is held in conjunction with the next federal election".
The Senate divided. [11:07]
(The Acting Deputy President—Senator McGrath)
(1) Schedule 2, page 7 (after line 26), after item 6, insert:
6A Subsection 89(2)
Omit "one person to act as a scrutineer during the scrutiny at each counting centre", substitute "persons to act as scrutineers during the scrutiny at each counting centre, but the number of scrutineers appointed under this subsection must not exceed the number of officers who are engaged in the scrutiny at each counting centre".
6B Subsection 89(3)
Omit "one person to act as a scrutineer during the scrutiny at each counting centre in that State", substitute "persons to act as scrutineers during the scrutiny at each counting centre in that State, but the number of scrutineers appointed under this subsection must not exceed the number of officers who are engaged in the scrutiny at each counting centre in that State".
6C Subsection 89(3A)
Omit "one person to act as a scrutineer during the scrutiny at each counting centre in the Territory", substitute "persons to act as scrutineers during the scrutiny at each counting centre in the Territory, but the number of scrutineers appointed under this subsection must not exceed the number of officers who are engaged in the scrutiny at each counting centre in the Territory".
6D Subsection 89(4)
Omit "one person to act as a scrutineer during the scrutiny at each counting centre in the Northern Territory", substitute "persons to act as scrutineers during the scrutiny at each counting centre in the Northern Territory, but the number of scrutineers appointed under this subsection must not exceed the number of officers who are engaged in the scrutiny at each counting centre in the Northern Territory".
(1) Schedule 4, item 8, page 41 (before line 3), before subitem (1), insert:
(1A) For the purposes of the definition of disclosure threshold in theReferendum (Machinery Provisions) Act 1984 , as inserted by this Schedule, the amount for an indexation year is not replaced if the indexation year begins during the period:
(a) beginning on the day after this subitem commences; and
(b) ending on polling day for the first general election of the members of the House of Representatives held after the commencement of this subitem.
(1B) Subitem (1A) applies despite section 321A of the Commonwealth Electoral Act 1918 .
(1) Page 6 (after line 13), after Schedule 1, insert:
Schedule 1A — Mobile polling
Referendum (Machinery Provisions) Act 1984
1 Subsection 51(5)
Repeal the subsection, substitute:
(5) A day notified under paragraph (4)(b) must be:
(a) if the voting day for the referendum is the same as that fixed for the polling at an election—any of the 12 days before voting day; or
(b) if the voting day for the referendum is not the same as that fixed for the polling at an election—any of the 19 days before voting day; or
(c) voting day; or
(d) a day to which the taking of votes of the electors at the referendum is adjourned.
2 After subsection 73AA(2)
Insert:
(2A) Without limiting paragraph (1)(a), a place specified to be a pre-poll voting office for a referendum may be a place that has been determined under paragraph 51(4)(a) to be a place that teams will visit for the purposes of taking votes under section 51 at the referendum.
3 Application of amendments
The amendments made by this Schedule apply in relation to referendums the writs for which are issued on or after the commencement of this Schedule.
(2) Schedule 2, item 4, page 7 (line 15 to 17), omit subsection 73AA(1AA), substitute:
(1AA) The day, or the earliest of days, declared under paragraph (1)(b) must not be earlier than:
(a) if the pre-poll voting office for a referendum is also a place that teams will visit for the purposes of taking votes under section 51 (about mobile booths) at the referendum—the day that is 19 days before the voting day for the referendum; or
(b) if paragraph (a) does not apply—the day that is 12 days before the voting day for the referendum.
(1) Clause 4, page 2 (lines 12 to 19), to be opposed.
(2) Page 17 (after line 15), after Schedule 3, insert:
Schedule 3A — Commonwealth expenditure
Referendum (Machinery Provisions) Act 1984
1 At the end of paragraph 11(4)(c)
Add ", including salaries, remuneration, allowances and expenses payable under the Constitution, the Parliamentary Business Resources Act 2017 and agreements for employment or engagement referred to in theMembers of Parli ament (Staff) Act 1984 ".
2 At the end of section 11
Add:
(5) Subsection (4) applies in respect of expenditure incurred on or after the end of the day on which a proposed law to alter the Constitution passes the Parliament, as referred to in subsection (1) or (2).
(6) To avoid doubt, subsection (4) does not prevent the Commonwealth from expending money in relation to neutral public civics education and awareness activities.
(7) To avoid doubt, activities referred to in subsection (6) must not address the arguments for or against a proposed law for the alteration of the Constitution.
(8) Subsection (4) does not prevent the Commonwealth from expending money in relation to meetings of the Constitutional Expert Group, the Referendum Engagement Group or the Referendum Working Group.
(9) Subsections (5) to (8) and this subsection are repealed at the start of the polling day for the first general election of the members of the House of Representatives held after the commencement of this subsection.
(1) Page 63 (after line 2), at the end of the Bill, add:
Schedule 9 — Advertising blackout period
Broadcasting Services Act 1992
1 Subclause 1(1) of Schedule 2
Insert:
referendum advertisement , in relation to a referendum, means an advertisement:
(a) that contains referendum matter (within the meaning of the Referendum (Machinery Provisions) Act 1984 ) that relates to that referendum; and
(b) in respect of the broadcasting of which the relevant licensee has received or is to receive, directly or indirectly, any money or other consideration.
2 Subclause 1(1) of Schedule 2 (definition of relevant period )
Repeal the definition, substitute:
relevant period :
(a) in relation to an election—means the period that commences at the end of the Wednesday before the polling day for the election and ends at the close of the poll on that polling day; and
(b) in relation to a referendum—means the period that commences at the end of the Wednesday before the voting day for the referendum and ends at the close of voting on that voting day.
3 After clause 3A of Schedule 2
Insert:
3B Broadcasting of referendum advertisements
(1) In this clause, broadcaster means:
(a) a commercial television broadcasting licensee; or
(b) a commercial radio broadcasting licensee; or
(c) a community broadcasting licensee; or
(d) a subscription television broadcasting licensee; or
(e) a person providing broadcasting services under a class licence.
(2) A broadcaster must not broadcast a referendum advertisement in relation to a referendum during the relevant period for the referendum.
4 Paragraphs 7(1)(j), 8(1)(i), 9(1)(i), 10(1)(i) and 11(1)(d) of Schedule 2
After "3A,", insert "3B,".
5 Paragraph 24(1)(a) of Schedule 6
After "3A,", insert "3B,".
6 Subclause 24(4) of Schedule 6
After "3A,", insert "3B,".
Special Broadcasting Service Act 1991
7 Subsection 45(1)
Omit "section 70C", substitute "sections 70C and 71".
8 After section 70C
Insert:
71 Broadcasting of referendum advertisements
(1) The SBS must not broadcast a referendum advertisement in relation to a referendum during the relevant period for the referendum.
(2) In this section:
referendum has the same meaning as in theReferendum (Machinery Provisions) Act 1984 .
referendum advertisement , in relation to a referendum, means an advertisement:
(a) that contains referendum matter (within the meaning of the Referendum (Machinery Provisions) Act 1984 ) that relates to that referendum; and
(b) in respect of the broadcasting of which the SBS has received or is to receive, directly or indirectly, any money or other consideration.
relevant period , in relation to a referendum, means the period that commences at the end of the Wednesday before the voting day for the referendum and ends at the close of voting on that voting day.
9 Application of amendments
The amendments made by this Schedule apply in relation to referendums the writs for which are issued on or after the commencement of this Schedule.
(1) Amendment (1), item 3, after paragraph 3B(1)(e), add:
; or (f) a social media service (within the meaning of the Online Safety Act 2021 ).
I am committed to the future of my home country, Iran, and its people. As an Iranian-Australian, I want to shed light on the recent developments concerning the Iran revolution from a diversity and inclusion perspective. The brave young Iranians who have taken to the streets are risking their lives to demonstrate to the world that the Islamic Regime does not represent their interests. They demand that the legitimacy of this regime be challenged on a larger scale by the leaders of the free world once and for all. The magnitude of this recent uprising is incomparable to previous nationwide protests in 2019 and 2009, and it is clear that this is a revolution.
For 44 years, the Islamic Republic of Iran … has tried to eliminate the diversity embedded in Iran's history and culture by rewriting Persian history based on Shia ideologies and the gradual physical elimination of ethnic groups. However, the young generation's courageous unity has surmounted the Regime's "divide and conquer" strategy and made the world finally listen to their cry for a free united Iran that celebrates its cultural diversity.
Medical centres have been ordered to refrain from admitting and treating injured protesters. They have been instructed to have a mandatory report to security forces about these injured protesters. On many occasions, injured protesters have been abducted from hospitals and medical centres to unknown locations for investigation and torture.
Ambulances are being misused to transport security forces to the streets to suppress protesters and also to transport abducted protesters from medical centres to prisons and detention centres. Vehicles are seen painted to look like an ambulance bearing a green number plate, which indicates that the vehicle belongs to the military and law enforcement forces. This casts discredit on and makes people lose trust in the medical system.
In any case, the vehicle that is supposed to save lives is currently being used in Iran by forces that shoot directly at protesters, be they children, teenagers, old or young.
Healthcare workers are being assaulted, prohibited and threatened to refrain provision of treatment and medical service to injured protesters. Many have been persecuted. Healthcare workers have been forced to provide false medical statements, including false death certificates, fabricated medical information and coroner's reports on protestors to the media.
The first case which was reported in Qom on November 30 affected 18 students at a secondary school who fell ill with symptoms such as nausea, headaches, coughing, difficulty breathing, heart palpitations, and lethargy. Some of these students lost movement in their limbs and had to be hospitalized.
The Islamic Regime is taking revenge on women for their brave resistance. Even parents who were complaining in front of schools over their daughters' safety were crack downed on … Fear, torture, violence are the IR's last tools to survive. What they are peddling to the world as security is nothing more than a deceitful mirage from terrorists who take revenge on schoolgirls in this way for their participation in the women, life, freedom revolution.
The current political climate in Iran is marked by a high degree of repression, with the regime censoring the media and cracking down on dissent and civil society groups advocating for reform. Despite efforts by some Iranians to gradually reform the political system, the prevalence of systematic corruption and political suppression has made this extremely difficult, leading to the arrest and suppression of many reformists and their families. It is important to note that the severe crackdowns occurred during the reformist administration in Iran.
My family used to believe that Iran needs a gradual process of reform to address its problems. But, despite being reformists, my brother was kidnapped and tortured by IRGC security forces for several weeks, resulting in ongoing health issues and chronic pain. Another brother was physically attacked multiple times on the street, arrested and tortured. During his arrest, he was subjected to prolonged periods of solitary confinement. My sister was arrested and tortured simply for writing articles for journals and newspapers.
As tax-paying, law-abiding Australian-Iranians, we are constantly living with the horror, we know they are surveilling us and, that we are at risk within Australian borders and also subjecting our family, relatives in Iran to prosecution, detention, forced confessions, and torture to pressure us into submission to IR.
I am so concerned for the rest of my family as they can be taken hostage at any moment to coerce me into submission. My nephew was severely assaulted during the early stages of the protests last September. He lost 8 teeth and had 28 stitches on his forehead.
One of the protesters' greatest achievements is that they have raised a new Iranian political order. They have created solidarity among different social groups and now we have a united opposition for the transition period that represents our voice.
It shows it is not a legitimate system. There is no Rule of Law … Obviously, the community is desperately calling for more to be done to show the Iranian regime that these hateful acts will not be tolerated. Australia is capable of effective action, and it is time for Australia to join the US, Canada, UK, and the Europeans in continuously imposing new tranches of sanctions.
Born on the rabbit-proof fence
her journey began along the rabbit-proof fence
and for 96 years she walked with us
witnessing our struggles and our joys—
a fearless blak matriarch, leading us.
Grandma Alice has gone from our arms, but lives on in our songs
her footsteps have shaped this land and our hearts
we still hear her words of hope and resilience—
a wise blak matriarch, teaching us.
We remember her strength, her smile
as she fought for us, so we could thrive
beside us through heartbreak, struggles and trials—
a loving grandma, holding us.
We tell young children to reach out and ask for mental health support.
Kids Helpline is the critical safety net for every young person in Australia.
No matter where they live. No matter what time of the day or night.
It's always there when they need it.
Over 443,000 young people between 5-25 contacted Kids Helpline last financial year.
It's unique in what it offers. It's 24/7 and it's free.
It's often the only mental health service available after hours, on the weekends, or for young people who live in rural and remote areas.
Last year, over half of the young people Kids Helpline supported, contacted the service after hours and on weekends.
One young person who used Kids Helpline said that they struggled with depression, anxiety and suicidal thoughts throughout their teens.
There is no question the service saved their life many times.
Right now, Kids Helpline needs your support.
The technology that underpins this vital service needs urgent upgrading.
Without it, we may not be able to support young people in the contemporary ways they want to engage, in a safe and non-judgemental environment.
We need $10.5 million in funding to make this happen.
This will future-proof the service, ensuring that Kids Helpline can keep supporting young people's mental health for many more years to come.
This is vital if we want to ensure every child that reaches out for help will have someone there to help them.
It has been a good 10-month period because what we've been doing is going through, fulfilling the commitments that we made at the election …
That the Senate take note of the answers given by Minister Farrell to the questions without notice asked by Senator Cadell today on the cost of living.
That the Senate take note of the answer given by the Minister for Trade and Tourism (Senator Farrell) to a question without notice asked by Senator Waters today relating to climate change.
That the Senate take note of the answer given by the Minister for the Public Service (Senator Gallagher) to a question without notice asked by Senator Thorpe today relating to a report on mining in the Beetaloo.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Bill 2023, allowing it to be considered during this period of sittings.
Purpose of the Bill
The purpose of the National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Bill 2023 (the Bill) is to strengthen the Government's compliance powers with respect to pharmacists who are prosecuted for Pharmaceutical Benefits Scheme (PBS) fraud related offences.
Currently, if a pharmacist is prosecuted for a PBS fraud related offence, their approval to supply PBS medicines can be suspended or revoked. A drafting anomaly prevents the power being exercised if the pharmacist holds their approval under a company structure.
Increasingly more pharmacies operate under company structures, exposing the PBS to further abuse by convicted fraudsters.
The Bill supports the integrity of the PBS by ensuring any pharmacist who is charged with, or convicted of, a PBS related offence is not able to perpetrate further fraud in their capacity as director of a company.
Reasons for Urgency
The Bill seeks to prevent all pharmacists who have been prosecuted for PBS fraud, including those who hold their approval under a company structure, from further defrauding the PBS. There have been recent cases where pharmacists have been charged with several counts of PBS fraud and PBS benefits continue to be paid. Payments may continue until the changes proposed in the Bill come into effect.
(Circulated by authority of the Minister for Health and Aged Care)
That the following bill be introduced:
A bill for an act to establish an inquiry into the Murdoc media and media diversity in Australia and for related purposes.
Short title: Murdoch Media Inquiry Bill 2023
That general business order of the day no. 30 (Northern Territory Safe Measures Bill 2023) be considered on Thursday, 23 March 2023 at the time for private senators' bills.
That, in accordance with the provisions of the Public Works C ommittee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Department of Foreign Affairs and Trade—Proposed construction and decommissioning of the Australian Pavilion at the World Expo 2025 Osaka, Kansai, Japan.
That there be laid on the table by the Minister representing the Attorney-General, by no later than midday on 23 March 2023:
(a) briefing notes and file notes held by either the Attorney-General and/or his office and/or the Attorney-General's Department, as well as any correspondence between the Attorney-General and/or his office and the Attorney-General's Department in relation to the resignation of Mr Leo Hardiman PSM KC as Freedom of Information Commissioner, dated 5 March 2023;
(b) briefing notes and file notes held by either the Attorney-General and/or his office and/or the Attorney-General's Department, as well as any correspondence between the Attorney-General and/or his office and the Freedom of Information Commissioner and/or any correspondence between the Attorney-General's Department and the Freedom of Information Commissioner in relation to the Commissioner's resignation; and
(c) briefing notes and file notes held by either the Attorney-General and/or his office and/or the Attorney-General's Department, as well as any correspondence between the Attorney-General and/or his office and the Freedom of Information Commissioner and/or the Attorney-General's Department and the Freedom of Information Commissioner in relation to the Commissioner's resignation statement.
(1) Omit "23 March 2023", substitute "27 March 2023".
(2) After paragraph (c) add:
(d) briefing notes and file notes held by either the Attorney General and/or his office and/or the Attorney-General's Department, as well as any correspondence between the Attorney-General and/or his office and the Freedom of Information Commissioner and/or the Attorney-General's Department and the Freedom of Information Commissioner in relation to resourcing of the functions of the Freedom of Information Commissioner and/or backlog of FOI reviews.
That—
(a) the Senate notes that:
(i) on 6 March 2023, the Senate ordered the Minister for Finance to lay on the table documents in relation to the cost of recalling Parliament for the 15 December 2022 unscheduled sitting, and
(ii) on 9 March 2023, the Government responded to the order by stating it could not be complied with as it is not possible to differentiate between parliamentarians' travel for the purpose of Parliament versus other official business; and
(b) that there be laid on the table by the Minister for Finance, by no later than 5 pm on 27 March 2023, all costs for the period of 13 to 16 December 2022 inclusive, in relation to the following categories:
(i) parliamentarian travel allowance,
(ii) parliamentarian airfares,
(iii) parliamentarian Commonwealth Car, cabcharge and rideshare expenses,
(iv) staff travel allowance,
(v) staff airfares,
(vi) staff cabcharge and rideshare expenses,
(vii) any additional staffing requirements, including, but not limited to, security services, attendants, restaurants and catering staff; and
(viii) any other costs in relation to the recalling of Parliament.
Productivity Commission Amendment (Electricity Reporting) Bill 2023
That the following bill be introduced: A Bill for an Act to amend the Productivity Commission Act 1998 , and for related purposes.Productivity Commission Amendment (Electricity Reporting) Bill 2023 .
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 is based on two fairly simple principles.
Namely, that there has long been a lack of an easily accessible, nationally consolidated and regularly updated report on retail electricity prices across Australia—and that this state of affairs needs to change.
In short, if this Bill was to be passed, it would legislate for the Productivity Commission to compile a quarterly report containing statistics on electricity prices and generation in each State and Territory. It would also require the Commonwealth Government of the day to then table these reports in Parliament.
Plainly, energy generation and energy pricing are two of the most critical policy issues in contemporary Australia.
As a matter of basic principle, it is right that Australians should therefore be provided with clearer information and enhanced transparency about how much they are being charged for their electricity. They would also stand to benefit from the incorporation, within these new reports, of information that shows the respective percentages of the various sources from which Australia's energy is being derived.
Over recent years, a number of steps have been taken to improve the range of information, statistics and reporting on energy pricing, in particular.
That process has generally been successful, and it has led to the development of a variety of tools, products and forms of data relating to energy in Australia. These represent a vast improvement on what was available (or, more to the point, unavailable) in earlier years.
The most similar type of report that currently exists, for instance, is the Australian Energy Market Commission's (AEMC) 'Residential Electricity Price Trends' document.
Likewise, the Australian Energy Market Operator (AEMO) maintains an online dashboard bringing together various sets of information on electricity prices around the nation.
Some forms of comparative data for electricity prices charged by Australian energy companies are also presented on a range of websites. These include the Australian Energy Regulator's 'Energy Made Easy' site and the Victorian Government's 'Victorian Energy Compare' site, as well as web pages of organisations such as Canstar Blue, iSelect, Finder and Compare the Market.
However, none quite bridges the full divide.
The AEMC's 'Residential Electricity Price Trends' document, for instance, uses a number of projections for future years rather than reporting purely on actual past and current prices. It is also not a mandated publication—as was tellingly illustrated when the AEMC announced, on 1 December 2022, that it would not be producing an annual edition for 2022 and would simply defer the release of its next report to sometime around mid-2023 instead.
Similarly, the AEMO dashboard's analysis of pricing is concentrated on wholesale figures. It also does not provide composite information in the one place for all of the States and Territories.
The online comparison services have various limitations, too, including that none displays comprehensive data for every retailer across every State and Territory.
Accordingly, there still remains a need for relatively straightforward, overall, national breakdowns of data to be brought together all in the one place.
Indeed, if you enter a term like 'consolidated electricity price comparisons for Australia' into an online search engine, then it typically generates links to a range of sites that offer the user a selection of tools that allow them to compare the price of different energy plans for their own needs at a local, individual level.
When it comes to finding information at a broader level for all of the States and Territories, it's nowhere near as readily available, or easily accessible. Let alone easily understandable for most consumers.
That's a void that should be filled. Moreover, it's an even more glaring problem in a period in which millions of Australians are experiencing particularly acute cost of living pressures. Not to mention that millions of Australians were also distinctly promised by the Labor Party, each of 97 times before the 2022 Federal election, that they would receive a $275 annual reduction on their power bills if the Albanese Government was elected.
It is true that—in relation to the mix of sources used to generate electricity—the AEMO dashboard does already offer specialised, accurate and even historical reporting. However, it is the Coalition's view that the new Productivity Commission reports would still be enhanced by the inclusion of the same (or similar) information as well.
The Bill has also been drafted in such a way as to provide the Commission with some flexibility in the way that it presents the figures in relation to generation. This is because it mightn't always be easy for it to access every piece of information that it would need in every single quarter to be sure that its calculations were fully precise.
Rather than starting with just a single, isolated, one-off snapshot, what is also being stipulated in the Bill is that the first reports by the Productivity Commission will contain each of the relevant quarterly statistics dating back to, and including, the quarter commencing 1 July 2019.
The use of a period of around three years seems a reasonable and logical way, to us, of placing the initial, up-to-date set of figures into a fuller, more informative context.
In totality, the provisions of the new Bill will lead to better, more regular and more comprehensive reporting on energy issues for Australians.
In the process, the Bill will also appropriately demand greater transparency and accountability from not only the Albanese Government, but also all future Federal governments, in relation to their energy policy decisions and their consequences. That surely can only be a good thing, given that all of us in this Parliament should recognise that governments genuinely need to be held account for all of the policies that they implement, and the decisions that they take, that risk increasing the costs of living for ordinary Australians.
We know already that, in just ten months, the Albanese Government has embarked on a course of breaking various election promises, and making life harder and more costly for Australians.
As we found out in mid-March, there's also yet another massive power price rise—potentially of around another 30%—on the way from 1 July this year.
However, supporting this Bill surely shouldn't be a hard thing for the Labor Party to do.
After all, it was the Prime Minister himself who said, on 7 May 2022, that "you have to treat the Australian people with respect" and, on 16 August 2022, that "the Australian people deserve accountability and transparency, not secrecy".
Indeed, if the Prime Minister (and his Ministers) are true to many of their words from the past, supporting this Bill should really be a formality.
I therefore look forward to the backing of the Government, as well as of the crossbench parties and independents, for this legislation.
In the meantime, I commend the Bill to the Senate.
That the Senate—
(a) notes that order for the production of documents no. 135, relating to the goods and services tax, was agreed to by the Senate on 7 February 2023;
(b) notes that 30 days have now passed since the order's deadline of midday on 20 February 2023 and that it has not been complied with; and
(c) requires the order to be complied with by midday on 27 March 2023.
That—
(1) There be laid on the table by the Leader of the Government in the Senate, no later than 5 sitting days after 1 January, 1 April, 1 July and 1 October each year, a letter of advice that all ministers' official appointments diaries, covering the periods 1 October to 31 December, 1 January to 31 March, 1 April to 30 June and 1 July to 30 September respectively, in accordance with paragraph (2), have been published on a single government website.
(2) The official appointment diaries referred to in paragraph (1) must indicate:
(a) each meeting (regardless of format) held by the Minister with external persons who seek to influence government policy or decisions; a meeting with external persons does not include:
(i) internal meetings held by ministers exclusively with other federal ministers and/or federal ministerial staff and/or federal government officials,
(ii) strictly personal meetings,
(iii) electorate meetings,
(iv) party political meetings, or
(v) public or strictly social events;
(b) the attendees at each meeting, including:
(i) the name(s) of the individual(s),
(ii) organisation name(s),
(iii) where an individual attends a meeting in a non-official capacity and does not represent any organisation, the individual's name, except where publication of the individual's name could cause harm to the individual (eg a whistleblower's name or a police informant's name), and
(iv) where a third-party lobbyist is present at a meeting, the name of the lobbying firm, the name of any personnel present at the meeting and the name of the client on whose behalf the
third-party lobbyist is present;
(c) a brief description of the topic or purpose of the meeting (however, the topic or purpose of the meeting does not need to be disclosed where there is an overriding public interest against disclosure, in which case the nature of the harm must be provided); and
(d) the city or town where the meeting occurred, and:
(i) where publicly funded travel is involved, for travel outside of the Australian Capital Territory or beyond 30 km of the Minister's normal electoral office—the mode of transport (eg regular public transport flight, special purpose flight, charter flight, Comcar, hire car, etc), and
(ii) where meeting attendee funded travel is involved—the mode of transport (eg charter flight, private flight, chauffeur driven car, etc).
(3) This order takes effect from 1 April 2023 and is of continuing effect.
The Senate divided. [15:47]
(The President—Senator Lines)
That there be laid on the table by the Minister representing the Attorney-General, by no later than 5 pm on 27 March 2023:
(a) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Attorney-General's Department, as well as any correspondence between the Attorney-General and/or his office and the Attorney-General's Department, in relation to the proposed wording for the Voice referendum;
(b) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Attorney-General's Department, as well as any correspondence between the Attorney-General and/or his office and the Solicitor-General and/or any correspondence between the Attorney-General's Department and the Solicitor-General in relation to the proposed wording for the Voice referendum;
(c) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Australian Government Solicitor, as well as any correspondence between the Attorney-General and/or his office and/or any correspondence between the Attorney-General's Department and the Australian Government Solicitor in relation to the proposed wording for the Voice referendum; and
(d) briefing notes, legal advice and file notes held by either the Attorney-General and/or his office and/or the Prime Minister and/or his office in relation to the proposed wording for the Voice referendum.
The Senate divided. [15:55]
(The President—Senator Lines)
That there be laid on the table by the Minister representing the Treasurer, by 9.30 am on Friday, 24 March 2023:
(a) the complete email and any associated attachments sent on Friday, 3 March 2023 at 6.03 pm, with the subject line 'Large balances: Q&A for QT and additional info [SEC=OFFICIAL]', to or from the Treasurer's office or the Treasury; and
(b) any document titled 'Large superannuation balances' generated within the Treasury or the Treasurer's office between 2 and 10 March 2023 that contains the following text: 'In 30 years, it projected that roughly only the top 10 per cent of earners will retire with superannuation balances of around $3 million or more'.
The Senate divided. [16:02]
(The President—Senator Lines)
The Senate divided. [16:09]
The President—Senator Lines
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
Australia must urgently move towards modern nuclear technology as a means of alleviating our energy crisis.
The costs of renewables continue to fall due to incremental manufacturing and installation improvements while nuclear, despite over half a century of industrial experience, continues to see costs rising.
Momentum is building for U.S. nuclear energy and the investments and tax incentives included in IRA guarantee a commitment to nuclear energy that will continue well throughout the nation's journey to net-zero.
That the Senate take note of the reports.
Australian Government response to the Select Committee on the Future of Work and Workers report:
Ho pe is not a strategy—our shared responsibility for the future of work and workers
MARCH 2023
Overview
The Government welcomes the recommendations outlined in the Hope is not a strategy—our shared responsibility for the future of work and workers report (the Report) and thanks the Committee for its work. The Government particularly acknowledges the valuable submissions to the enquiry made by over 160 individuals and organisations. The feedback provided at public hearings was used by the Committee and Government in framing the inquiry report and this response.
The nature of work is constantly changing. How we currently work and will work in the future is being shaped by factors such as economic, technological and demographic change, as well as shifts in business practices as industries and communities adapt to climate change. The way we work also continues to evolve. For example, COVID -19 has accelerated digital transformation and adoption of new technologies and new work styles.
To keep pace, workers and employers are adopting new ways of operating. These changes provide an opportunity for Australia. The priorities of ensuring access to better skills and training, secure jobs and growing wages create new opportunities for more Australians and are key objectives for the Government.
The Government has a clear plan for a better future for all Australian workers and is making jobs more secure by implementing reforms to strengthen protections available to workers. Jobs and Skills Australia has been established to strengthen workforce planning, the training system is being improved and there is increased investment in TAFE and university places to train workers for the new jobs of the future.
On 1-2 September 2022, the Government convened the Jobs and Skills Summit which brought Australians together to work constructively on the challenges and opportunities facing the Australian labour market and economy. In collaboration with industry, unions and other community stakeholders, the Government agreed to a range of immediate initiatives.
The Government is focused on medium and long-term reforms to prepare Australia's future labour market and has undertaken to develop an Employment White Paper which will build on the outcomes of the Jobs and Skills Summit and will focus on the objectives of full employment and productivity growth for the benefit of all Australians, along with women's economic participation and equality.
The Government will continue proactively working with business and unions to address the workforce challenges presented by the changing labour market and is focused on building a bigger, better trained and more productive workforce, boosting incomes and living standards to ensure jobs are secure and businesses are thriving.
Changing employment trends and working patterns
Technology has always changed the way workers do their jobs.
COVID-19 led to rapid changes in the way people worked and transformed almost every aspect of people's lives. Workers and employers were forced to adopt new ways of working. Many activities moved online, and many aspects of these changes may remain permanent.
The Government recognises the importance of ensuring everyone can take advantage of the opportunities presented by new technologies and a modern workforce. The Government is improving access to the internet, including providing reliable services in more regional areas and investing in skills development to ensure digital literacy training is available to people who need it.
Rapid technological advancement, disrupted global supply chain settings, and an ageing Australian population are expected to result in further structural change in the labour market continuing over the medium and long term. It is projected that four service industries—health care and social assistance, professional, scientific and technical services, education and training, and accommodation and food services—will provide more than three-fifths of total employment growth over the next five years [ 1 ] .
Our recovery from COVID-19 highlighted vulnerabilities in the global supply chain. The $15 billion National Reconstruction Fund is the first step in the Government's plan to rebuild Australia's industrial base. The National Reconstruction Fund will provide financing to drive investment in projects that will build prosperity across the country, broadening our industrial base and boosting regional economic development and employment opportunities.
The Powering Australia Plan will also prioritise regional growth and investment. Increasing investment in renewable energy will create jobs, cut power bills, and reduce emissions. These initiatives will support Australian businesses to grow and ensure more opportunities are available for employees.
The Government is focused on leveraging the opportunities these changes present and shaping the future so that everyone prospers. Skilling Australians for change is crucial to building a better future. To take advantage of these opportunities, the Government will also work in partnership with businesses and unions to achieve better outcomes for the Australian economy. This includes updating workplace laws, boosting job security and wages, and advancing gender equality for women.
Building a better skilled, better trained workforce
Training workers for the future is key to taking advantage of the opportunities these changes bring. How we skill people up and prepare Australians for change is crucial. Investing in education and equipping people with the right knowledge and skills is the best long-term generator of economic growth and productivity. A strong education, from early learning and schools right through to universities and TAFEs helps set people up to make the most of upcoming opportunities. As workplaces evolve, workers will need support to continue to deepen, develop and adapt their skills throughout their working lives.
Jobs and Skills Australia has been established as a priority. The new agency will provide independent, evidence-based advice on current and emerging skills and labour needs and workforce challenges, and will engage widely with business, unions, governments and the education and training sectors. The agency's analysis will support government and industry to address short-term challenges and emerging opportunities.
Having good quality and responsive higher education and vocational education and training (VET) systems is critical to ensuring people are prepared to take up future jobs. To support this goal, the Government will work in collaboration with states, territories and key VET stakeholders to create a National Skills Agreement that offers Australians the skills they need to gain secure employment in the future, and to develop a comprehensive VET Workforce Blueprint to support and grow a quality VET workforce, ensuring the long-term sustainability of the VET sector. This partnership will drive improved outcomes in the VET sectors and strengthen workforce planning, particularly in growing sectors of our economy.
The Government is supporting more technology-related jobs by making available 480,000 fee-free TAFE places and up to 20,000 additional Commonwealth-supported university places for under-represented groups in areas of skills shortages. The Australian Skills Guarantee (the Guarantee) will ensure one in ten workers on major government projects is an apprentice, trainee or cadet. The Guarantee complements the Australian Apprenticeships Incentive System which provides financial assistance to all employers hiring an apprentice or trainee. Additional support through a wage subsidy is available for employers of apprentices in priority occupations identified as being skills in demand. Apprentices and trainees in priority occupations are also eligible for direct payments to assist with their costs of living and completing their apprenticeship.
A New Energy Skills program is funding 10,000 New Energy Apprentices. The New Energy Apprenticeships initiative will help secure a pipeline of talent to build a skilled workforce so that Australia can become a renewable energy superpower.
Increasing the participation of women in the workforce
Despite considerable gains in the workforce participation of Australian women over the past 50 years, employment and economic outcomes for women remain unequal. The Government is working towards reducing barriers to employment so that all Australians have an equal opportunity to reach their full potential. This will include:
Making it easier for people to get jobs
The Government is committed to ensuring Commonwealth employment services support people to find good secure jobs.
The Government has established a House Select Committee inquiry into Workforce Australia Employment Services so that employment services are best designed to meet current and future challenges facing Australians.
The Committee will examine the first 12 months of the new Workforce Australia system and has committed to review all aspects of the program including the implementation, performance and appropriateness. The Committee has also resolved to include pre-employment and complementary programs within the scope of its inquiry.
The Committee undertook to make any recommendations on ParentsNext in an interim report before the end of February 2023 while a final report will be provided back to Parliament by 29 September 2023. The Committee will conduct a number of public hearings and will seek submissions from stakeholders as part of this process.
Creating secure jobs
Employment has a profound impact on an individual's and families' quality of life. Insecure work, low wages and low productivity have material consequences for individuals, businesses, the economy and the community as a whole. The Government wants a strong economy where every Australian has the opportunity to find a secure job, with fair pay and proper protections. An effective workplace relations system will allow Australians to build a safe, prosperous and secure future while providing workers and businesses a pathway to seek better outcomes and thrive.
The Government's Secure Jobs, Better Pay legislation will bring changes to the workplace relations system that deliver better productivity and flexibility for employers and better pay and conditions for workers. The new laws:
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 does this by:
The Secure Australian Jobs Code will be established under the Buy Australian Plan to prioritise secure work in government contracts and ensure that government purchasing power is being used to support businesses that engage in fair, equivalent, ethical and sustainable practices.
The Senate Committee's final Report recommended that the Fair Work Act be updated to respond to emerging issues in Australia's employment and workplace relations' system, including the rapid emergence of the gig economy. Changes to the workplace relations framework are necessary to ensure all workers have adequate protections for themselves and their families.
The Government has also committed to:
Conclusion
The Government thanks everyone who participated in the Select Committee on the Future of Work and Workers for their insights. The possibilities emerging from new technologies and work practices create many valuable opportunities for Australian businesses and their workers. As workforces continue to undergo change, we will continue to take forward initiatives that help build a better trained and more productive workforce, create secure jobs, boost real wages and living standards, and create more opportunities for more Australians.
[1] Employment Outlook (five years to November 2026), National Skills Commi ssion.
Australian Government response to the Education and Employment Legislation Committee report:
Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 [Provisions]
MARCH 2023
Recommendation 1
The committee recommends that the bill be passed, subject to the amendments that follow.
The Government notes this recommendation.
Recommendation 2
The committee recommends that an amendment be made to the bill to clarify that conciliation should take place before arbitration of disputes over fle xible working arrangements unless there are exceptional circumstances.
The Government supports this recommendation. In response to this recommendation, the Government moved an amendment to require the Fair Work Commission to first attempt to resolve a dispute by means other than arbitration, such as conciliation. Paragraph 65B(4)(a) notes the Fair Work Commission must first deal with a dispute over flexible working arrangements by means other than arbitration, unless there are exceptional circumstances.
Rec ommendation 3
The committee recommends that an amendment be made to the bill to clarify that the protections and entitlements under the Fair Work Act 2009 apply regardless of immigration status.
The Government supports this recommendation in principle. The Government has made an election commitment to implement the recommendations of the Migrant Workers' Taskforce, which covers this recommendation. Implementation of this recommendation is expected to occur in the first half of 2023.
Recommendation 4
The co mmittee recommends that the provisions of the bill prohibiting sexual harassment be reviewed for consistency with the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 and the Anti-Discrimination and Human Rights Legislation Amendment ( Respect at Work) Bill 2022.
The Government supports this recommendation. The Department of Employment and Workplace Relations has reviewed the provisions in the bill for consistency with other recent Respect@Work reforms to the Sex Discrimination Act 1984 and concluded that any differences are necessary given the different context of the two pieces of legislation.
Recommendation 5
The committee recommends that the definition of 'small business employer', for the purpose of Part 21 of the bill be increased from fewer than 15 employees, to fewer than 20 employees, including regular and systematic casuals, based on headcount. The definition of 'small business employer' in section 23 of the Fair Work Act 2009 should remain unchanged.
The Government notes this recommendation.In response to Recommendation 5 of the Senate Committee Inquiry, the Government moved an amendment which increases the small business exemption for single interest employer authorisation where an employee organisation applies to add an employer to a single interest agreement or authorisation. Employers must have at least 20 employees at the time the application an made. Such employers will still be able to be added to an authorisation or agreement by consent.
Recommendation 6
The committee re commends the amendment of the 'minimum bargaining period' in s235(5)(i) for the purpose of an intractable bargaining declaration, to provide for a nine month minimum bargaining period commencing after either the nominal expiry date of the agreement or nine months from the commencement of bargaining, whichever is later.
The Government notes this recommendation. In response to Recommendation 6 of the Senate Committee Inquiry, the Government supported the amendment moved by Senator David Pocock which extends the 'minimum bargaining period' to the latter of nine months from the nominal expiry date of the agreement, or nine months after bargaining starts. This longer timeframe ensure that parties will have a reasonable period of time in which to bargain for an agreement before the Fair Work Commission is able to settle a bargaining dispute using an intractable bargaining declaration.
Recommendation 7
The committee recommends that a statutory review of the bill be undertaken but occurs no earlier than three years after the bill receives Royal Assent.
The Government supports this recommendation in principle. The Government moved an amendment which requires the Minister to cause a review to be conducted into the operation of the amendments made by the Fair Work Legis lation Amendment (Secure Jobs, Better Pay) Act 2022 . It must start no later than two years after the Act receives Royal Assent, with a written report provided to the Minister within 6 months of its commencement. The report must subsequently be tabled in each House of the Parliament.
Recommendation 8
The committee recommends section 180A of the bill be amended so that no party can unreasonably withhold agreement for a proposed enterprise agreement being put to a vote, and the Fair Work Commission should have the power to resolve disputes pertaining to this.
The Government notes this recommendation. In response to Recommendation 8 of the Senate inquiry, the Government moved an amendment to ensure that employers are not unreasonably prevented from putting multi-enterprise agreements to a vote.
Coalition Senator's Dissenting Report and Additional Comments
The Government does not support the recommendations set out in the Dissenting Report and Additional Comments.
That the Senate take note of the report.
I rise as Chair of the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity to speak on the Annual Report of the Integrity Commissioner 2021-22. I did speak to this report in the chamber on 9 February 2023 so my remarks may be similar in some places.
Under the Law Enforcement Inte grity Commissioner Act 2006, the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity has a statutory role to examine each annual report prepared by the Integrity Commissioner.
As part of this examination the committee held a public hearing on 8 February 2023 to speak with ACLEI about its performance over the reporting period 1 July 2021 to 30 June 2022.
The committee concluded that ACLEI performed well against its performance framework in 2021-22, achieving most of its performance targets. The committee report therefore focuses on those performance targets not met and the action being taken to address them.
The committee noted that as part of its performance measures ACLEI conducted its first biennial survey of jurisdictional agencies in the reporting period. The overall results were pleasing with 89 per cent of responders satisfied with their experience with ACLEI. However areas for improvement include timeliness such as the triage of ACLEl's assessment work.
Given the stakeholder survey results and the necessary preparation for the National Anti-Corruption Commission (NACC), ACLEI has been focused on improving timeliness in assessment work and investigations. The committee was pleased to see the effort to reduce the backlog of investigation reports, particularly those over two years, but noted that this effort will need to be sustained given the number of matters that may be referred to the NACC.
ACLEl's contribution to the work on standing up the NACC was a natural focus of questioning from the committee at the hearing. Recruitment has been an ongoing issue for ACLEI in relation to some of the specialised skills required to conduct investigations. In addition, the committee notes the current tight labour market which may make attracting sufficient specialised skills a significant challenge for the NACC.
With the upcoming establishment of the NACC, the committee was pleased to see ACLEI sharing information with a broader remit beyond agencies in its jurisdiction. ACLEI has published its second annual Corruption Vulnerabilities Brief and the Integrity Maturity Framework has been developed. The committee noted the importance of this work as agencies will come under the NACC's jurisdiction with differing levels of maturity in relation to their integrity framework.
The committee thanked the Integrity Commissioner and staff for their work over the reporting period.
That the Senate take note of the document.
Maintaining peace and stability in the region is the responsibility of all countries. It is critical for all countries to be a part of this effort.
Malaysia appreciates the readiness on the part of the three countries, which are our close partners … in engaging with Malaysia at various levels and in sharing the latest updates and future outlook of AUKUS prior to the announcement.
Financial Accountability Regime Bill 2023
Financial Accountability Regime (Consequential Amendments) Bill 2023
Treasury Laws Amendment (Financial Services Compensation Scheme of Last Resort) Bill 2023
Financial Services Compensation Scheme of Last Resort Levy Bill 2023
Financial Services Compensation Scheme of Last Resort Levy (Collection) Bill 2023
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.
FINANCIAL ACCOUNTABILITY REGIME BILL 2023
I would like to note at the outset that this is the first of five bills I will introduce this morning. Taken together, they will establish the Financial Accountability Regime, extending the provisions of the existing Banking Executive Accountability Regime to the Superannuation and Insurance sectors, and also establish a Compensation Scheme of Last Resort, for consumers who have suffered financial losses and have received a relevant determination in their favour from the Australian Financial Complaints Authority.
Members will note that Bills with these same objectives were introduced into the House last year, and progressed as far as a second reading in the Senate. Two things have changed since then.
First, it became clear that the Compensation Scheme of Last Resort component, which replicated an even earlier Bill introduced by the previous Government in October 2021, was no longer fit for purpose.
As I will set out in introducing the Financial Services Compensation Scheme of Last Resort Levy Bill 2023, a back log of complaints that have been lodged with the Australian Financial Complaints Authority (AFCA) and that are expected to be eligible to claim on the CSLR will be funded through a one-off levy on Australia's 10 largest banking and insurance groups.
Since the original Bill was introduced by the previous Government, a material event occurred in the market that significantly increased the amount that would need to be paid out of that one-off levy. That, combined with the passage of time and the need to collect the levy based on the best available data, led us to pause the Bill, and now require minor amendments to it. Such amendments could not be moved in the Senate, on account of Section 53 of the Constitution.
Second, after productive discussions with Senator David Pocock, the Government decided to adopt an amendment he proposed for the Financial Accountability Regime Bill 2023, to articulate more clearly the scope of the Minister's exemption power and to provide for Parliamentary oversight.
The combination of these two things mean that reintroducing the Bills in the way we are doing today is the neatest, lawful path to the agreed objective.
I will move now to the substance of the first Bill, the Financial Accountability Regime Bill 2023.
The Financial Accountability Regime Bill 2023 establishes the Financial Accountability Regime, or FAR, which replaces and extends the Banking Executive Accountability Regime, following a number of recommendations from the Banking Royal Commission.
The Bill underscores the Government's commitment to finalise the action necessary to fully address the Banking Royal Commission and implement measures that compel the financial services industry to act in the public's interest.
Financial services executives make decisions that impact upon the lives of ordinary Australians who have no choice other than to engage with the system that they operate. As a result, the community reasonably expects high standards of accountability and integrity of financial services directors and executives.
The Banking Royal Commission revealed too many instances of misconduct across the sector and highlighted that industry practices often did not meet community expectations. These issues were frequently found to be systemic and part of corporate cultures that can only be improved and remedied from the top-down.
The Bill would establish the FAR with substantially the same design specifications originally introduced in October 2021 which lapsed with prorogation. The requests made by the former Senate Standing Committee for the Scrutiny of Bills and the Senate Economics Legislation Committee were considered and have been addressed in the Explanatory Memorandum accompanying the Bill.
The FAR would extend the existing responsibility and accountability framework to the insurance and superannuation sectors, to ensure that heightened accountability obligations are in place across the wider financial industry.
The FAR ensures that where these community expectations are not met, appropriate consequences will follow.
I would now like to turn to the provisions of the Bill.
The FAR imposes heightened accountability obligations for prudentially regulated financial institutions; meaning banks, insurers, and superannuation entities. These institutions are referred to as accountable entities in the regime. The FAR regulates directors and the most senior and influential executives of accountable entities. These individuals are referred to as accountable persons in the regime.
The FAR imposes four core sets of obligations. Firstly, accountable entities and accountable persons must conduct their business in a proper manner, which includes acting with honesty and integrity, and with due skill, care and diligence; dealing with Australian Prudential Regulation Authority (APRA) and Australian Securities and Investments Commission (ASIC) in an open, constructive and cooperative way, preventing adverse impact on the accountable entities' prudential standing and preventing breaches of certain specified financial services laws by their accountable entity.
Further, accountable entities must ensure clear identification of accountabilities for accountable persons in the organisation across key areas of operations, and defer at least 40 per cent of the variable remuneration of accountable persons for a minimum period of 4 years. Variable remuneration will be reduced where accountability obligations are breached. Ensuring there are financial consequences for accountable persons who do not meet their obligations will increase their focus on the long-term outcomes of their decisions.
The FAR will be supported by the imposition of notification obligations which require accountable entities to provide APRA and ASIC with certain information such as information relating to the responsibilities of their accountable persons or breaches of certain obligations by the accountable entities or their accountable persons.
Both APRA and ASIC will jointly administer the regime.
They will have the power to disqualify accountable persons, investigate suspected breaches of the regime, and direct entities to take remedial action and to apply to the Federal Court to impose a civil penalty on accountable entities.
The Government notes the recommendations made by the Senate Economics Legislation Committee on the Financial Accountability Regime Bill 2022 and Financial Sector Reform Bill 2022 and Financial Services Compensation Scheme of Last Resort Levy Bill 2022 and Financial Services Compensation Scheme of Last Resort Levy (Collection) Bill 2022. The Committee's report was tabled on 24 October 2022 and we thank the Committee for its recommendation that the Bills be passed. The Bills that I introduce today are substantially the same as those considered by the Committee, though, as previously mentioned, it now incorporates a small amendment previously circulated by Senator David Pocock to articulate more clearly the scope of the Minister's exemption power and to provide for Parliamentary oversight.
The Government has not adopted the Australian Greens' recommendation to introduce individual civil penalties for breaches of accountability obligations. The Government's Bill already contains effective measures to address executive failures to comply, including disqualification, loss of deferred bonuses, and individual civil penalties for assisting in an entity's contravention of its obligations. These sanctions are on top of penalties for misconduct already in place in other financial services laws.
These measures are finely balanced to improve executive conduct in the financial services sector without adversely impacting the sector's efficiency. Adding individual civil penalties is not likely to substantially increase the level of deterrence that already exists, while it may impact on firms seeking to attract and retain the best executive talent.
The FAR will apply to the banking industry six months after the Royal Assent and to the insurance and superannuation industries eighteen months after the Royal Assent.
Through this Bill, the Government is finalising the necessary action to ensure that financial institutions are meeting the community's expectations, and that they are focused on outcomes for all Australians.
Full details of the measure are contained in the Explanatory Memorandum.
FINANCIAL ACCOUNTABILITY REGIME (CONSEQUENTIAL AMENDMENTS) BILL 2023
The Financial Accountability Regime (Consequential Amendments) Bill 2023 is part of a package of Bills that finalises a number of remaining recommendations from the Banking Royal Commission.
The Bill will make minor and consequential amendments to various Commonwealth laws to support the Financial Accountability Regime and provide transitional arrangements relating to the repeal of the Banking Executive Accountability Regime (BEAR).
The Government acknowledges that most of these reforms will require some time for industry to implement, so the bulk of the proposed changes will commence 6 months following Royal Assent.
The Legislative and Governance Forum on Corporations was notified of this Bill as required under the Corporations Agreement 2002 and theNational Credit Law Agreement 2009 .
Full details of the measure are contained in the Explanatory Memorandum.
TREASURY LAWS AMENDMENT (FINANCIAL SERVICES COMPENSATION SCHEME OF LAST RESORT) BILL 2023
The Treasury Laws Amendment (Financial Services Compensation Scheme of Last Resort) Bill 2023 is part of a package of Bills to establish and fund a financial services compensation scheme of last resort (CSLR).
The Government remains committed to establishing a CSLR.
The background to the CSLR is well known. In 2019, the Financial Services Royal Commission recommended that a CSLR be established. In doing so, the Royal Commission endorsed the 3 principal recommendations of the 2017 Supplementary Final Report of the Review of the financial system external dispute resolution and complaints framework (Ramsay Review). The Ramsay Review noted the inadequacy of existing redress measures in ensuring all consumers are compensated for losses, and recommended the establishment of an industry-funded and forward looking CSLR that targets the areas of the financial sector with the greatest evidence of need.
The CSLR is designed to provide compensation to consumers who have received a relevant determination in their favour by the Australian Financial Complaints Authority (AFCA), where that determination remains unpaid.
Claimants may receive compensation of up to $150,000 where they have an unpaid AFCA determination in their favour for the following financial services or products: personal advice on relevant financial products to retail clients, credit intermediation, securities dealing and credit provision. The cap on claims helps maintain the ongoing financial sustainability of the scheme, whilst balancing the interests of consumers.
The operator of the CSLR will be a subsidiary of AFCA, limited by guarantee and operating on a not-for-profit basis. The operator must act in line with the primary legislation and regulations, with compliance ensured by ASIC. The operator will be managed by a Board consisting of an independent Chair appointed by the Minister, a person who is a member of the board of AFCA, and an actuary who has at least 5 years of actuarial experience.
Passage of this legislation in March 2023 will facilitate the CSLR being operational from December 2023.
The CSLR is designed to act as a last resort mechanism. After the claimant has notified AFCA that their determination remains unpaid, AFCA will be required, where appropriate, to take steps to ensure the relevant entity pays the compensation owed. The CSLR operator will also need to confirm that no other statutory scheme is available to pay all or part of the compensation owed, including any state or territory arrangements.
Measures have been added to reduce the incentive for financial firms to rely on the CSLR, and to facilitate better compliance with AFCA determinations. For example, ASIC must cancel an AFCA member's Australian financial service licence and/or Australian credit licence if the CSLR provides compensation as a result of that member's misconduct.
As set out earlier, legislation to establish a CSLR was previously introduced by this Government on 8 September 2022. That legislation proceeded to the Senate. In December 2022, the Government identified the issue mentioned earlier in relation to the one-off levy, and so the CSLR legislation was not passed last year while further consultation was undertaken.
The CSLR Bills package being introduced today reflect the same intent and are substantively the same as the legislation considered by the Parliament last year. Minor and targeted amendments to reflect the passage of time and further stakeholder feedback have been made.
The Legislative and Governance Forum on Corporations was notified of this Bill as required under the Corporations Agreement 2002.
Full details of the measure are contained in the Explanatory Memorandum.
Finally, I take this opportunity to respond, on behalf of the Government, to the report of the Senate Economics Legislation Committee in relation to the CSLR Bills. The Committee recommended the passage of the Bills that were before them, which contained substantively the same CSLR provisions as are being introduced today. Additional comments were also provided by Coalition Senators who recommended additional Parliamentary scrutiny of AFCA and the CSLR operator, consideration of ASIC's enforcement capacity and capability and consideration of three other technical matters. In response, the Government notes the work being undertaken in the Other Place to conduct an inquiry into ASIC's capacity and capability to respond to reports of alleged misconduct. The Government also notes the appearance of AFCA at Senate Estimates last year. The Government acknowledges the Coalition Senator's recommendations and restates its commitment to ASIC as a key financial system regulator, AFCA as the external dispute resolution provider, and the establishment of the CSLR to support relevant consumers when compensation has not been paid.
FINANCIAL SERVICES COMPENSATION SCHEME OF LAST RESORT LEVY BILL 2023
This Bill is the first of two Bills which form the levy framework to fund the financial services compensation scheme of last resort (CSLR).
The Commonwealth will fund the establishment of the CSLR, which is intended to be operational from December 2023. The Commonwealth will also fund the scheme's initial operation until 30 June 2024.
A back log of complaints that have been lodged with the Australian Financial Complaints Authority (AFCA) and that are expected to be eligible to claim on the CSLR will be funded through a one-off levy on Australia's 10 largest banking and insurance groups.
The costs of the CSLR from 1 July 2024 are to be fully industry funded. The levy framework provides for an ongoing annual levy on entities that fall within a subsector within the scope of the scheme. The framework will issue levies in advance of a financial year, based on expected claims, AFCA fees and administration costs in that upcoming financial year. The ongoing annual levy will follow an approach already applied under the Australian Securities and Investments Commission (ASIC) industry funding model. The first ongoing annual levy notices are expected to be issued by ASIC in May 2024 to fund the scheme for the 2024-25 financial year.
The CSLR is designed to be financially sustainable and provide assurance to relevant financial market subsectors about the maximum amount expected to be levied. The scheme applies subsector caps of $20 million and an overall scheme cap of $250 million. This limits the amount leviable within a single levy period, whilst maintaining the ability to accommodate any unexpected large-scale events or failures. The levy framework provides the Minister with the ability to issue special levies to in-scope and out-of-scope entities, in response to higher-than-expected outlays such as may be experienced with the failure of a large financial firm.
The financial market subsectors that will pay the ongoing annual levy will be detailed in regulations. The regulations will also detail the methodology to be applied by ASIC in its calculation of levy notices.
Full details of the measure are contained in the Explanatory Memorandum.
FINANCIAL SERVICES COMPENSATION SCHEME OF LAST RESORT LEVY (COLLECTION) BILL 2023
This Bill is the second of two Bills which form the levy framework for the financial services compensation scheme of last resort (CSLR).
As noted previously, the Commonwealth will fund the establishment of the CSLR, which is intended to be operational from December 2023. The Commonwealth will also fund the scheme's initial operation until 30 June 2024.
A one-off levy to fund the back log of Australian Financial Complaints Authority (AFCA) complaints that are expected to be eligible to claim on the CSLR will be issued by December 2023. This levy will be payable in two instalments.
The ongoing annual levy to fund the 2024-25 financial year will be issued by May 2024. The ongoing annual levy will then be issued in advance of each following financial year.
In advance of the issuing of a levy, the CSLR operator will determine the amount to be raised through the levy. The CSLR operator's determination will include, as relevant, estimated compensation claims and AFCA fee costs and associated administrative costs. The CSLR operator's determinations will be disallowable.
Levy notices will be issued by the Australian Securities and Investments Commission (ASIC) in accordance with primary law, regulations and the CSLR operator's determination. ASIC will collect the levies and have the power to facilitate and enforce the payment of levies. These powers include the ability to seek information from relevant entities for the purpose of correctly calculating an entity's levy, to impose penalties for late payment and to impose a shortfall penalty where incorrect information has been provided.
Full details of the measure are contained in the Explanatory Memorandum.
National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Bill 2023
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Labor Party has a longstanding history of contribution to the legacy of universal health coverage in Australia. The Albanese Government is committed to protecting and strengthening our world-class Pharmaceutical Benefits Scheme, known as the PBS.
The PBS has continually provided affordable access to medicines for all Australians for over seventy years and is respected and valued for the high quality, cost-effective medicines it delivers.
Australian Government expenditure on the PBS was $14.7 billion in the 2021-22 financial year.
For the PBS to maintain its ability to support the costs of an increasing number and range of medicines, it is essential that the Government protects public funds through ensuring the integrity and financial viability of the scheme.
The National Health Amendment (Effect of Prosecution—Approved Pharmacist Corporations) Bill amends the National Health Act 1953 to support the integrity of the PBS.
While the majority of pharmacists do the right thing when claiming PBS payments, there is unfortunately a small number that do not. In certain cases, it is a result of inappropriate claiming, or worse, fraud. Any pharmacist who has been prosecuted for PBS fraud should not be able to perpetrate further fraud against the community.
Under the current legislation, an approval to supply PBS medicines can be held by a pharmacist as an individual or under a company structure.
Currently, if a pharmacist who is approved as an individual is prosecuted for a PBS fraud related offence, their approval can be suspended or revoked. However, if that same pharmacist operates under a company structure, there is no ability for that approval to be suspended or revoked.
This poses a real risk, as many pharmacists increasingly operate their pharmacy businesses under corporate structures. Such a pharmacist, if prosecuted of a PBS related offence, can continue to supply PBS medicines and perpetrate further fraud.
This Bill introduces an amendment which will align with the original intent that the power to suspend or revoke the approval of a pharmacist who has been prosecuted for PBS fraud applies equally to all approvals. This is irrespective of whether the approval is held by an individual, or under a company structure.
This Bill will strengthen protection of the PBS regardless of the business ownership structure.
I would like to acknowledge and thank key stakeholders for their input and support for the amendments during consultation on the Bill. In particular, the Pharmacy Guild of Australia, the Pharmaceutical Society of Australia, the Pharmacy Board of Australia and State and Territory Pharmacy Regulators nationwide.
This Government is aiming to ensure that Australians continue to have access through the PBS to affordable medicines when, and where they need them. The proposed changes will improve access to PBS medicines by preventing abuse of the scheme.
That divisions may take place between 6.30 pm and 7.30 pm today for the purposes of the Referendum (Machinery Provisions) Amendment Bill 2022.
Referendum (Machinery Provisions) Amendment Bill 2022
This Schedule enables Australian citizens to initiate legislation that provides for the holding of a referendum to alter the Constitution
Part 2 sets out the process that must be followed, and the requirements that must be met …
… a person who is an elector may apply to the Electoral Commission to register a proposal for a referendum—
and decide whether it relates to a proposal for a referendum to amend the Constitution—
Part 3 sets out rules that apply to the holding of a citizen initiated referendum. Once a proposed law to alter the Constitution in accordance with the proposal has been passed, by an absolute majority of one House, or both Houses, of the Parliament, in accordance with section 128 of the Constitution, the Governor-General may issue a writ for the citizen initiated referendum to be held—
Part 4 deals with delegation of the Electoral Commissioner's functions and powers.
(1) Page 63 (after line 2), at the end of the Bill, add:
Schedule 9 — Provisional voting
Referendum (Machinery Provisions) Act 1984
1 After subsection 4(1)
Insert:
(1A) Despite subsection (1), a person is entitled to vote at a referendum if the person makes a claim for enrolment under paragraph 37(1)(f).
2 At the end of subsection 37(1)
Add:
; or (f) the person wishes to make a claim for enrolment and each of the following applies:
(i) the person's name cannot be found on the certified list of voters, or an approved list of voters, for the Division for which the person claims to vote;
(ii) the person is entitled to enrolment and to vote under section 93 of the Commonwealth Electoral Act 1918 .
3 After subsection 37(1)
Insert:
(1AA) A person who wishes to make a claim for enrolment under paragraph (1)(f) may be asked to satisfy the identity requirements under subsection 98AA(2) of the Commonwealth Electoral Act 1918 .
(1AB) A person who wishes to make a claim for enrolment under paragraph (1)(f) and casts a provisional vote is deemed to have made a claim for enrolment for the purposes of section 98 of the Commonwealth Electoral Act 1918 .
4 Subsection 37(2)
Omit "or claims to be", substitute "claims to be, or wishes to be".
(1) Page 63 (after line 2), at the end of the Bill, add:
Schedule 9 — Campaign organisations
Referendum (Machinery Provisions) Act 1984
1 At the end of subsection 11(4)
Add:
; (d) a body nominated under section 11A.
2 After section 11
Insert:
11A Campaign organisations
(1) Where a proposed law for the alteration of the Constitution is to be submitted to the electors, the Minister must, within 2 weeks of the passage of the proposed law, by writing nominate:
(a) a body ( the Yes campaign organisation ) to campaign in favour of the proposed law; and
(b) a body ( the No campaign organisation ) to campaign against the proposed law.
(2) The Minister must ensure that the Yes campaign organisation and the No campaign organisation are allocated equal amounts of money for the purposes of the administration and operation of each campaign organisation.
(3) Payments under this section shall be made out of moneys appropriated by the Parliament by another Act.
(4) A body nominated by the Minister under subsection (1) ceases to be a nominated body the day after the voting day of a referendum.
3 After subsection 89(4A)
Insert:
(4B) A body nominated by the Minister under subsection 11A(1), or a person authorised by the body to act under this section, may appoint persons to act as scrutineers during the scrutiny at each counting centre, but the number of scrutineers for each body must not exceed the number of officers who are engaged in the scrutiny at each counting centre.
The committee divided. [18:57]
(The Chair—Senator McLachlan)
(1) Page 63 (after line 2), at the end of the Bill, add:
Schedule 9 — Campaign organisations
Referendum (Machinery Provisions) Act 1984
1 At the end of subsection 11(4)
Add:
; (d) a body nominated under section 11A.
2 After section 11
Insert:
11A Campaign organisations
(1) Where a proposed law for the alteration of the Constitution is to be submitted to the electors, the Minister must, within 2 weeks of the passage of the proposed law, by writing nominate:
(a) a body ( the Yes campaign organisation ) to campaign in favour of the proposed law; and
(b) a body ( the No campaign organisation ) to campaign against the proposed law.
(2) The Minister must ensure that the Yes campaign organisation and the No campaign organisation are allocated equal amounts of money for the purposes of the administration and operation of each campaign organisation.
(3) Payments under this section shall be made out of moneys appropriated by the Parliament by another Act.
(4) A body nominated by the Minister under subsection (1) ceases to be a nominated body the day after the voting day of a referendum.
3 After subsection 89(4A)
Insert:
(4B) A body nominated by the Minister under subsection 11A(1), or a person authorised by the body to act under this section, may appoint persons to act as scrutineers during the scrutiny at each counting centre, but the number of scrutineers for each body must not exceed the number of officers who are engaged in the scrutiny at each counting centre.
The committee divided. [19:04]
(The Chair—Senator McLachlan)
(1) Page 63 (after line 2), at the end of the Bill, add:
Schedule 11 — Voter information
Australian Human Rights Commission Act 1986
1 After paragraph 11(1)(db)
Insert:
(dc) the functions conferred on the Commission by section 35S; and
2 After Division 4B of Part II
Insert:
Division 4C — Functions relating to impartial referendum information
35R Interpretation
In this Division:
Electoral Commissioner has the same meaning as in theReferendum (Machinery Provisions) Act 1984 .
referendum has the same meaning as in theReferendum (Machinery Provisions) Act 1984 .
Referendum Minister means the Minister administering theReferendum (Machinery Provisions) Act 1984 .
35S Functions of Commission relating to impartial referendum information
(1) The following functions are conferred on the Commission:
(a) to prepare arguments in favour of, and against, a proposed law for the alteration of the Constitution relating to a Voice to Parliament in accordance with subsections (2) and (3);
(b) to promote an understanding of the processes relating to referendums in First Nations and culturally diverse communities;
(c) to prepare, and to publish in such manner as the Commission considers appropriate, factual and impartial information relating to referendum processes in multiple languages, including First Nations languages;
(d) to do anything incidental or conducive to the performance of any of the preceding functions.
(2) If a proposed law for the alteration of the Constitution relating to a Voice to Parliament, being a proposed law passed by an absolute majority of both Houses of the Parliament, is to be submitted to the electors, the Commission must, within 4 weeks after the passage of that proposed law through both Houses of the Parliament, prepare and forward to the Electoral Commissioner:
(a) an argument in favour of the proposed law, consisting of not more than 2,000 words; and
(b) an argument against the proposed law, consisting of not more than 2,000 words.
(3) If a proposed law for the alteration of the Constitution relating to a Voice to Parliament, being a proposed law passed by an absolute majority of one House of the Parliament only, is to be submitted to the electors, the Commission must, within 4 weeks after the second passage of that proposed law through that House of the Parliament, prepare and forward to the Electoral Commissioner:
(a) an argument in favour of the proposed law, consisting of not more than 2,000 words.
(b) an argument against the proposed law, consisting of not more than 2,000 words.
(4) This section ceases to have effect at the end of the polling day for the first general election of the members of the House of Representatives held after the commencement of the Referendum (Machinery Provisions) Amendment Act 2023 .
35T Performance of functions relating to impartial referendum information
The Commission may perform the functions referred to in section 35S during the period commencing immediately after either:
(a) a proposed law for the alteration of the Constitution relating to a Voice to Parliament is passed by an absolute majority of both Houses of the Parliament; or
(b) the second passage of a proposed law for the alteration of the Constitution relating to a Voice to Parliament by an absolute majority of one House of the Parliament only;
and ending either:
(c) at the end of the voting day for a referendum relating to a Voice to Parliament; or
(d) the day after the day the Referendum Minister informs the President that the referendum is not to be held.
Referendum (Machinery Provisions) Act 1984
3 Paragraph 11(1)(b)
Before "within", insert "unless paragraph (c) applies—".
4 Afte r paragraph 11(1)(b)
Insert:
(c) if the proposed law for the alteration of the Constitution relates to a Voice to Parliament—there is forwarded to the Electoral Commissioner by the Australian Human Rights Commission, arguments prepared in accordance with subsection 35S(2) of the Australian Human Rights Commission Act 1986 ; and
5 Paragraph 11(2)(b)
Before "within", insert "unless paragraph (c) applies—".
6 After paragraph 11(2)(b)
Insert:
(c) if the proposed law for the alteration of the Constitution relates to a Voice to Parliament—there is forwarded to the Electoral Commissioner by the Australian Human Rights Commission, arguments prepared in accordance with subsection 35S(3) of the Australian Human Rights Commission Act 1986 ; and
7 After subsection 11(2)
Insert:
(2AA) Paragraphs (1)(c) and (2)(c) cease to have effect at the end of the polling day for the first general election of the members of the House of Representatives held after the commencement of the Referendum (Machinery Provisions) Amendment Act 2023 .
(1) Page 10 (after line 15), after Schedule 2, insert:
Schedule 2A — Exclu sion zones
Referendum (Machinery Provisions) Act 1984
1 Paragraphs 131(1)(b) and (1A)(b)
Omit "6 metres", substitute "100 metres".
2 Subparagraph 131(1A)(d)(iii)
Omit "6 metres", substitute "100 metres".
3 Application of amendments
The amendments made by this Schedule apply in relation to referendums the writs for which are issued on or after the commencement of this Schedule.
(1) Schedule 4, item 1, page 18 (after line 13), after the definition of gift , insert:
initial disclosure period means the period, in a referendum expenditure period, that:
(a) starts at the start of the referendum expenditure period; and
(b) ends on the day of the issue of the writ for the referendum to which the referendum expenditure period relates.
ongoing discl osure period means the period, in a referendum expenditure period, that:
(a) starts on the day after the issue of the writ for the referendum to which the referendum expenditure period relates; and
(b) ends at the end of the referendum expenditure period.
(2) Schedule 4, item 3, page 20 (line 31), at the end of section 109D, add:
; and (c) a contravention of section 109GA or 109GB that would otherwise have been committed by an entity that is not a legal person is taken to have been committed by each member or officer (however described) of the entity, who, acting in that person's actual or apparent authority, engaged in any conduct or made any omission contributing to the contravention.
(3) Schedule 4, item 3, page 25 (after line 2), after Division 2, insert:
Division 2A — Early disclosure of gifts
109GA Disclosure by gift recipients in relation to initial disclosure period
(1) A person or entity (the relevant person ), other than the Commonwealth or a State or Territory, must provide a return in accordance with this section if:
(a) the relevant person received a gift or gifts covered by subsection (2) at any time during the initial disclosure period in a referendum expenditure period; and
(b) either:
(i) the amount of at least one such gift was more than the disclosure threshold; or
(ii) the total amount of all gifts received by the relevant person from at least one single person during the initial disclosure period was more than the disclosure threshold.
Note: Returns provided under this section must be published by the Electoral Commissioner on the Transparency Register (see section 320 of the Commonwealth Electoral Act 1918 ).
Civil penalty:
The higher of the following amounts:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of the gifts not disclosed—3 times that amount.
(2) A gift is covered by this subsection if:
(a) the relevant person knows that the person or entity who made the gift intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter; or
(b) the relevant person accepted the gift intending to use the gift for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter.
(3) The relevant person must provide to the Electoral Commission a return for the initial disclosure period setting out the following details:
(a) for subparagraph (1)(b)(i):
(i) the amount of each gift covered by that subparagraph; and
(ii) the date on which the gift was made;
(b) for subparagraph (1)(b)(ii):
(i) the total amount of gifts made by each single person who is covered by that subparagraph; and
(ii) the date on which each of those gifts were made;
(c) in any case:
(i) for a gift or gifts on behalf of the members of an unincorporated association (other than a registered industrial organisation within the meaning of Part XX of the Commonwealth Electoral Act 1918 )—the name of the association, and the names and addresses of the members of the executive committee (however described) of the association; or
(ii) for a gift or gifts purportedly made out of a trust fund, or out of the funds of a foundation—the names and addresses of the trustees of the fund or foundation, and the title, name or other description of the trust fund or foundation; or
(iii) for any other gift or gifts—the name and address of the person who made the gift or gifts.
(4) The return must:
(a) be provided before the end of 7 days after the end of the initial disclosure period; and
(b) be in the approved form.
(5) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.
109GB Disclosure by gift recipients in relation to ongoing disclosure period
(1) A person or entity (the relevant person ), other than the Commonwealth or a State or Territory, must provide a return in accordance with this section if:
(a) the relevant person receives a gift covered by subsection (2) from another person or entity at any time during the ongoing disclosure period in a referendum expenditure period; and
(b) the total amount of the following is more than the disclosure threshold:
(i) the gift;
(ii) any earlier gifts covered by subsection (2) that the relevant person has received from the other person or entity since the start of the referendum expenditure period.
Note: Returns provided under this section must be published by the Electoral Commissioner on the Transparency Register (see section 320 of the Commonwealth Electoral Act 1918 ).
Civil penalty:
The higher of the following amounts:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of the gifts not disclosed—3 times that amount.
(2) A gift is covered by this subsection if:
(a) the relevant person knows that the person or entity who made the gift intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter; or
(b) the relevant person accepted the gift intending to use the gift for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter.
(3) The return must include the information referred to in subsection (4) in relation to:
(a) the gift mentioned in paragraph (1)(a); and
(b) any earlier gifts mentioned in subparagraph (1)(b)(ii) in relation to which the relevant person was not already required to give information in a return under section 109GA or this section.
(4) For the purposes of subsection (3), the information is:
(a) the amount of the gift or each of the gifts; and
(b) if the return relates to 2 or more gifts—the total amount of those gifts; and
(c) the date or dates on which the gift or gifts were made; and
(d) the following:
(i) for a gift or gifts on behalf of the members of an unincorporated association (other than a registered industrial organisation within the meaning of Part XX of the Commonwealth Electoral Act 1918 )—the name of the association, and the names and addresses of the members of the executive committee (however described) of the association;
(ii) for a gift or gifts purportedly made out of a trust fund, or out of the funds of a foundation—the names and addresses of the trustees of the fund or foundation, and the title, name or other description of the trust fund or foundation;
(iii) for any other gift or gifts—the name and address of the person who made the gift or gifts.
(5) The return must:
(a) be provided before the end of 7 days after the gift mentioned in paragraph (1)(a) is received; and
(b) be in the approved form.
(6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.
109GC Disclosure by gift donors in relation to initial disclosure period
(1) This section applies if:
(a) a person or entity (the donor ) makes one or more gifts covered by subsection (3) to another person or entity, other than the Commonwealth or a State or Territory, at any time during the initial disclosure period in a referendum expenditure period; and
(b) the total value of the gift or gifts exceeds the disclosure threshold.
(2) The donor must, within 7 days after the end of the initial disclosure period, give to the Electoral Commission a return, in an approved form and in accordance with subsection (4).
Civil penalty:
The higher of the following amounts:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of the gifts not disclosed—3 times that amount.
(3) A gift is covered by this subsection if the donor intends for the gift to be used:
(a) for the dominant purpose of incurring referendum expenditure; or
(b) for the dominant purpose of creating or communicating referendum matter.
(4) The return must include the following information:
(a) the value of the gift, or each of the gifts, made in the initial disclosure period by the donor to the other person or entity;
(b) if the return relates to 2 or more gifts—the total value of those gifts;
(c) the name of that other person or entity;
(d) the date or dates on which the gift or gifts were made.
Note: Returns provided under this section must be published by the Electoral Commissioner on the Transparency Register (see section 320 of the Commonwealth Electoral Act 1918 ).
(5) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) of this section.
109GD Disclosure by gift donors in relation to ongoing disclosure period
(1) This section applies if:
(a) a person or entity (the donor ) makes a gift covered by subsection (3) to another person or entity, other than the Commonwealth or a State or Territory, at any time during the ongoing disclosure period in a referendum expenditure period; and
(b) the total value of the following is more than the disclosure threshold:
(i) the gift;
(ii) any earlier gifts covered by subsection (3) made by the donor to that other person or entity since the start of the referendum expenditure period.
(2) The donor must, within 7 days after the end of the ongoing disclosure period, give to the Electoral Commission a return, in an approved form and in accordance with subsection (4).
Civil penalty:
The higher of the following amounts:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of the gifts not disclosed—3 times that amount.
(3) A gift is covered by this subsection if the donor intends for the gift to be used:
(a) for the dominant purpose of incurring referendum expenditure; or
(b) for the dominant purpose of creating or communicating referendum matter.
(4) The return must include the information referred to in subsection (5) in relation to:
(a) the gift mentioned in paragraph (1)(a); and
(b) any earlier gifts mentioned in subparagraph (1)(b)(ii) in relation to which the donor was not already required to give information in a return under section 109GC or this section.
(5) For the purposes of subsection (4), the information is:
(a) the amount of the gift or each of the gifts; and
(b) if the return relates to 2 or more gifts—the total value of those gifts; and
(c) the name of other person or entity to whom the gift or gifts were made; and
(d) the date or dates on which the gift or gifts were made.
Note: Returns provided under this section must be published by the Electoral Commissioner on the Transparency Register (see section 320 of the Commonwealth Electoral Act 1918 ).
(6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) of this section.
(4) Schedule 4, item 3, page 29 (line 31), after "109G,", insert "109GA, 109GB, 109GC, 109GD,".
(5) Schedule 4, item 3, page 33 (line 31), omit "or 109G", substitute ", 109G, 109GA, 109GB, 109GC or 109GD".
(6) Schedule 4, item 3, page 34 (line 25), omit "or 109G", substitute ", 109G, 109GA, 109GB, 109GC or 109GD".
(7) Schedule 4, item 3, page 35 (line 21), omit "or 109G", substitute ", 109G, 109GA, 109GB, 109GC or 109GD".
(8) Schedule 4, item 3, page 35 (line 23), omit "or 109G", substitute ", 109G, 109GA, 109GB, 109GC or 109GD".
(9) Schedule 4, item 3, page 36 (line 12), omit "or 109G", substitute ", 109G, 109GA, 109GB, 109GC or 109GD".
(10) Schedule 4, item 3, page 37 (lines 24 and 25), omit "are or may be required to give a return under section 109G", substitute "have been, are or may be required to give a return under section 109G, 109GC or 109GD".
(11) Schedule 4, item 7, page 40 (after table item 6), insert:
(12) Schedule 4, item 8, page 41 (lines 3 and 4), omit "Division 2 of Part VIIIA of the Referendu m (Machinery Provisions) Act 1984 , as inserted by this Schedule, applies", substitute "Divisions 2 and 2A of Part VIIIA of theReferendum (Machinery Provisions) Act 1984 , as inserted by this Schedule, apply".
(1) Page 63 (after line 2), at the end of the Bill, add:
Schedule 9 — Referendum Pamphlet Review Panel
Referendum (Machinery Provisions) Act 1984
1 Subsection 3(1)
Insert:
Panel means a Referendum Pamphlet Review Panel established under subsection 135A(1).
2 After subsection 11(2)
Insert:
(2AA) Members of the Parliament may not authorize an argument in favour of, or against, a proposed law for the alteration of the Constitution for the purposes of subparagraph (1)(b)(i) or (ii), or (2)(b)(i) or (ii), unless:
(a) the argument has been given to the Panel established in relation to the proposed law for its review; and
(b) the Panel has approved the argument.
(2AB) To avoid doubt, the Electoral Commissioner must not arrange for the printing and sending of a pamphlet under subsection (1) or (2) unless the authorizations of members of the Parliament referred to in that subsection are in accordance with subsection (2AA).
3 After Part X
Insert:
Part XA — Referendum Pam phlet Review Panel
135A Establishment of Referendum Pamphlet Review Panel
(1) If a proposed law for the alteration of the Constitution is to be submitted to the electors, the Minister must, by writing, establish a panel to be known as the Referendum Pamphlet Review Panel.
(2) The Minister must ensure that the Panel is established, and members mentioned in paragraph 135C(1)(c) appointed, such that it will have sufficient time to perform its functions in relation to the proposed law for the alteration of the Constitution, taking into account the period within which arguments may be forwarded to the Electoral Commissioner in accordance with subsections 11(1) and (2).
(3) An instrument made under subsection (1) is not a legislative instrument.
135B Functions of the Panel
(1) The Panel has the following functions:
(a) to conduct a review of the arguments in favour, and against, the proposed law for the alteration of the Constitution, which are to be contained in pamphlets referred to in section 11;
(b) to determine what changes (if any) to the arguments the Panel considers should be made to address any concerns of the Panel in relation to the arguments;
(c) to decide whether to approve the arguments;
(d) to do anything else that is incidental or conducive to the performance of any of the preceding functions.
(2) In performing its functions in relation to an argument mentioned in subsection (1), the Panel must only consider matters relating to whether the argument contains:
(a) any statements purporting to be a statement of fact that are:
(i) misleading or deceptive to a material extent; or
(ii) likely to mislead or deceive to a material extent; or
(b) any statements that are reasonably likely to offend, insult, humiliate or intimidate one or more persons on the ground of the persons':
(i) race, colour or national or ethnic origin; or
(ii) sex; or
(iii) sexual orientation, gender identity or intersex status (all within the meaning of the Sex Discrimination Act 1984 ); or
(iv) age; or
(v) disability (within the meaning of the Disability Discrimination Act 1992 ).
135C Membership of the Panel
(1) The Panel consists of the following members:
(a) the Electoral Commissioner;
(b) the Parliamentary Librarian appointed under section 38C of the Parliamentary Se rvice Act 1999 ;
(c) at least 3 persons appointed by the Minister under subsection (2) of this section.
(2) Members of the Panel mentioned in paragraph (1)(c) are to be appointed by the Minister by written instrument.
(3) A person must not be appointed as a member of the Panel under subsection (2) unless:
(a) the Minister is satisfied that the person has appropriate qualifications, skills or experience in fact-checking or culturally appropriate communications; and
(b) the Minister is satisfied that the person does not have any interest, pecuniary or otherwise, that conflicts or could conflict with the proper performance of the person's duties as a member of the Panel; and
(c) the Prime Minister has consulted with the Leader of the Opposition in the House of Representatives about the appointment.
(4) In appointing members of the Panel under subsection (2), the Minister must ensure, to the extent practicable, that:
(a) the members of the Panel mentioned in paragraph (1)(c) are an appropriate mix of persons with the qualifications, skills or experience mentioned in paragraph (3)(a); and
(b) if one or more working groups (however described) were established by or on behalf of the Commonwealth in relation to the development of the proposed law for the alteration of the Constitution—the Panel includes one or more persons who were included in such working groups; and
(c) the Panel includes at least 2 other persons who have extensive experience at a high level in a field of research relevant to the Panel's functions in relation to the proposed law for the alteration of the Constitution.
(5) To avoid doubt, the Electoral Commissioner may not delegate under section 138 the Commissioner's duties as a member of the Panel.
135D Other matters relating to the Panel
(1) The regulations may prescribe matters relating to the Panel, including, but not limited to, the following:
(a) the operation and procedures of the Panel;
(b) remuneration or allowances of members mentioned in paragraph 135C(1)(c);
(c) resignation of members mentioned in paragraph 135C(1)(c);
(d) disclosure of interests by members of the Panel;
(e) termination of appointment of members mentioned in paragraph 135C(1)(c);
(f) leave of absence of members of the Panel.
(2) If no regulations are in force under subsection (1), the operation and procedures of the Panel may be as determined in writing by the Panel.
(3) Subsections 7(9) and (13) of the Remuneration Tribunal Act 1979 do not apply in relation to the office of a member of the Panel mentioned in paragraph 135C(1)(c).
Note: The effect of this subsection is that any remuneration or allowances of a such a member will be paid out of money appropriated by an Act other than the Remuneration Tribunal Act 1973 .
The committee divided. [19:20]
(The Chair—Senator McLachlan)
(1) Page 63 (after line 2), at the end of the Bill, add:
Schedule 12 — Secure telephone voting
Referendum (Machinery Provisions) Act 1984
1 Section 73L
Insert:
electronically assisted voting method includes a method prescribed for the purposes of subsection 73M(1B).
2 After subsection 73M(1A)
Insert:
(1B) The regulations must provide for a telephone voting method, to be used by persons covered by a determination under subsection 73QB(1), to vote at referendums.
3 Subsection 73M(3)
Omit "subsection (1) or (1A)", substitute "subsection (1), (1A) or (1B)".
4 Subsec tion 73M(7)
Omit "and Antarctic electors", substitute ", Antarctic electors and persons covered by a determination under subsection 73QB(1)".
5 At the end of Part IVB
Add:
73QB Electoral Commissioner must determine that certain persons may use a secure tel ephone voting method
(1) The Electoral Commissioner must, by legislative instrument, determine that a secure telephone voting method prescribed for the purposes of subsection 73M(1B) may be used by individuals:
(a) who have not previously voted in the referendum; and
(b) who are a member of a class of persons specified in subsection (2) during all or part of the period:
(i) starting at 6.01pm on the Wednesday that is 3 days before the voting day in the referendum; and
(ii) ending on the close of voting for the referendum.
Note: Nothing in this section or in the regulations made for the purposes of subsection 73M(1B) authorises any person to vote more than once at a referendum, see subsection 73M(6).
(2) The class of persons for the purposes of paragraph (1)(b) include the following:
(a) voters located in a remote area;
(b) voters receiving residential care (within the meaning of the Aged Care Act 1997 );
(c) voters impacted by a declared emergency or declared natural disaster;
(d) voters in hospital who are unable to attend a polling place;
(e) voters located overseas who do not have access to a postal vote or overseas polling place;
(f) itinerant electors;
(g) any other class of persons specified in the regulations for the purposes of this paragraph.
(3) The regulations may specify eligibility requirements for the classes of persons mentioned in subsection (2).
Instrument must be published on the Electoral Commission's website
(4) If the Electoral Commissioner makes a legislative instrument under subsection (1), the Electoral Commissioner:
(a) must publish the legislative instrument on the Electoral Commission's website; and
(b) may publish the legislative instrument in any other way the Electoral Commissioner considers appropriate.
Electoral Commissi oner's powers may not be delegated
(5) Despite section 138, the Electoral Commissioner may not delegate a power or function under this section.
(1) Page 63 (after line 2), at the end of the Bill, add:
Schedule 9 — Citizen Initiated Referendums
Referendum (Machinery Provisions) Act 1984
1 After section 145
Insert:
146 Schedule 5
Schedule 5 has effect.
2 At the end of the Act
Add:
Schedule 5 — Citizen Initiated Referendums
Note: See section 146.
Part 1 — Preliminary
1 Guide to this Schedule
This Schedule enables Australian citizens to initiate legislation that provides for the holding of a referendum to alter the Constitution.
Part 2 sets out the process that must be followed, and the requirements that must be met, in order for a citizen to initiate the holding of a referendum.
The process involves the following steps:
(a) a person who is an elector may apply to the Electoral Commission to register a proposal for a referendum to amend the Constitution;
(b) the Electoral Commissioner must examine the proposal and decide whether it relates to a proposal for a referendum to amend the Constitution;
(c) if the proposal relates to a proposal for a referendum to amend the Constitution, the Electoral Commissioner must register the proposal and the applicant must then lodge with the Electoral Commission a document containing the signatures of 2% of the total of all electors;
(d) if the applicant lodges the document within 6 months of the proposal being registered, the Electoral Commissioner must undertake random sampling to verify that at least 2% of those signatures were obtained validly;
(e) once a proposal is verified, the Minister must cause a proposed law to alter the Constitution, in accordance with the proposal, to be introduced into the Parliament.
Part 3 sets out rules that apply to the holding of a citizen initiated referendum. Once a proposed law to alter the Constitution in accordance with the proposal has been passed, by an absolute majority of one House, or both Houses, of the Parliament, in accordance with section 128 of the Constitution, the Governor-General may issue a writ for the citizen initiated referendum to be held.
Part 4 deals with delegation of the Electoral Commissioner's functions and powers.
2 Object of this Schedule
The object of this Schedule is to enable Australian citizens to initiate a proposal for a referendum to amend the Constitution.
3 Defini tions
In this Schedule:
citizen initiated referendum means a referendum resulting from a proposal that is verified under clause 9.
qualifying day , for a proposal for a referendum, has the meaning given by subclause 8(2).
qualifying requirements , for a proposal for a referendum, has the meaning given by subclause 8(1).
random sampling process has the meaning given by subclause 9(3).
Part 2 — Process for initiating a referendum
4 Application to register proposal for referendum
(1) A person who is an elector may apply to the Electoral Commission to register a proposal for a referendum to amend the Constitution.
(2) An application to register a proposal for a referendum must:
(a) be in the approved form; and
(b) contain an outline of the proposal; and
(c) be accompanied by the application fee prescribed by the regulations.
(3) The amount of the application fee must not be such as to amount to taxation.
(4) The application fee may be refunded in circumstances prescribed by the regulations.
5 Electoral Commissio ner to examine proposal for referendum
Within 1 month after receiving an application under clause 4, the Electoral Commissioner must examine the proposal outlined in the application and decide whether it is a proposal to amend the Constitution.
6 Registration of proposal for referendum
(1) The Electoral Commissioner must, after the examination, register the proposal unless he or she is satisfied that the proposal does not relate to a proposal to amend the Constitution.
(2) If the Electoral Commissioner is not satisfied that the proposal relates to a constitutional matter, the Electoral Commissioner must reject the application to register the proposal.
(3) The Electoral Commissioner may not reject an application without giving the applicant an opportunity to be heard.
7 Notice of decision
Within 7 days after making a decision under clause 6, the Electoral Commissioner must give a written notice to the applicant:
(a) if the decision was to register the proposal—setting out the following:
(i) a statement that the proposal has been registered;
(ii) a statement that the applicant must satisfy the qualifying requirements for the proposal by the qualifying day in order for the proposal to progress;
(iii) the qualifying day for the proposal; or
(b) if the decision was to reject the application for the proposal—stating that the proposal has been rejected.
8 Meaning of qualifying r equirements and qualifying day
(1) An applicant will satisfy the qualifying requirements for a proposal for a referendum if the applicant lodges with the Electoral Commission a document containing the signatures, printed names and addresses of at least 2% of all electors in a majority of States.
(2) The qualifying day for a proposal for a referendum is the day that is 1 month after the end of the period of 6 months starting when the proposal is registered under clause 6.
9 Electoral Commissioner to verify t hat qualifying requirements have been satisfied
(1) This clause applies if:
(a) an applicant lodges a document with the Electoral Commission that purports to satisfy the qualifying requirements for a proposal for a referendum; and
(b) the document is lodged by the end of the qualifying day for the proposal.
(2) Within 4 months after the applicant lodges the document, the Electoral Commission must:
(a) undertake a random sampling process to verify whether the signatures contained in the document were validly obtained; and
(b) either:
(i) if the results of the random sampling process indicate that the signatures contained in the document were validly obtained—verify the proposal and notify the applicant, in writing, that the proposal has been verified; or
(ii) otherwise—notify the applicant, in writing, that the proposal has been rejected.
(3) To undertake a random sampling process in respect of the signatures contained in a document, the Electoral Commission must:
(a) randomly select at least 2% of the persons whose signatures are contained in the document; and
(b) contact each of those persons to verify that their signature was validly obtained; and
(c) undertake any procedure set out in the regulations in respect of the random sampling process.
10 Minister to arrange for introduction of proposed law
Within 2 months after a proposal for a referendum is verified under clause 9, the Minister must cause a proposed law that will alter the Constitution in accordance with the proposal to be introduced into the Parliament.
Part 3 — Holding a citizen initiated referendum
11 Writ for referendum
(1) If:
(a) a proposal for a referendum has been verified under clause 9; and
(b) a proposed law to alter the Constitution in accordance with the proposal has been passed by an absolute majority of one House, or both Houses, of the Parliament, in accordance with section 128 of the Constitution;
the Governor-General may issue a writ for the submission of the proposed law to the electors.
(2) A writ issued under subclause (1):
(a) may be in accordance with Form A in Schedule 1 to the Referendum (Machinery Provisions) Act 1984 ; and
(b) must be signed by the Governor-General; and
(c) must appoint:
(i) the day for the close of the Rolls; and
(ii) the day for taking the votes of electors; and
(iii) the day for the return of the writ.
Part 4 — Miscellaneous
12 Delegation by Electoral Commissioner
The Electoral Commissioner may, in writing, delegate to the Deputy Electoral Commissioner all or any of the functions or powers of the Electoral Commissioner under this Schedule.
That progress be reported.
That the sitting hours of the Senate be varied so much that the adjournment occur on the motion of a minister.
Referendum (Machinery Provisions) Amendment Bill 2022
(1) Page 63 (after line 2), at the end of the Bill, add:
Schedule 11 — Entitlement to vote
Commonwealth Electoral Act 1918
1 Subsection 93(2)
Omit ", (5) and (8AA)", substitute "and (5)".
2 Subsection 93(8AA)
Repeal the subsection.
3 Section 109
Repeal the section.
4 Subsection 110(1)
Omit "sections 108 and 109", substitute "section 108".
5 Subsection 112(2)
Repeal the subsection, substitute:
Application of section 108 to the Australian Capital Territory
(2) For the purposes of the application of section 108 in relation to the Australian Capital Territory:
(a) the Australian Capital Territory does not include Norfolk Island or the Jervis Bay Territory; and
(b) subject to subsection (3), section 108 applies in relation to Norfolk Island as if references in that section to a State were references to Norfolk Island; and
(c) subject to subsection (4), section 108 applies in relation to the Jervis Bay Territory as if references in that section to a State were references to the Jervis Bay Territory.
6 Subsection 112(5)
Repeal the subsection.
7 Subsection 112(6)
Repeal the subsection, substitute:
Application of section 108 to the Northern Territory
(6) For the purposes of the application of section 108 in relation to the Northern Territory:
(a) the Northern Territory does not include the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands; and
(b) subject to subsection (7), section 109 applies in relation to the Territory of Christmas Island as if references in that section to a State were references to the Territory of Christmas Island; and
(c) subject to subsection (8), section 109 applies in relation to the Territory of Cocos (Keeling) Islands as if references in that sections to a State were references to the Territory of Cocos (Keeling) Islands.
8 Subsection 112(9)
Repeal the subsection.
9 Paragraph 208(2)(b)
Omit "; and".
10 Paragraph 208(2)(c)
Repeal the paragraph.
11 Paragraph 221(3)(a)
Omit "or".
12 Paragraph 221(3)(b)
Repeal the paragraph.
(1) Schedule 4, item 1, page 18 (after line 7), after the definition of disclosure threshold , insert:
financial disclosure period has the meaning given by section 3AAB.
(2) Schedule 4, item 1, page 18 (after line 21), after the definition of referendum expenditure period , insert:
reporting timeframe has the meaning given by section 3AAB.
(3) Schedule 4, item 2, page 19 (after line 30), after section 3AAA, insert:
3AAB Financial disclosure periods and reporting timeframes
Column 1 of the following table sets out the financial disclosure periods in a referendum expenditure period. Column 2 of the table sets out thereporting timeframe for each financial disclosure period.
(4) Schedule 4, item 3, page 21 (line 3) to page 24 (line 2), omit sections 109E and 109F, substitute:
109E Returns by referendum entities
(1) A person or entity (the relevant person ) must provide a return in accordance with this section if the relevant person has become a referendum entity by the end of a financial disclosure period in a referendum expenditure period.
Note: Returns provided under this section must be published by the Electoral Commissioner on the Transparency Register (see section 320 of the Commonwealth Electoral Act 1918 ).
Civil penalty:
The higher of the following amounts:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of referendum expenditure not disclosed—3 times that amount.
(2) The relevant person must provide to the Electoral Commission a return:
(a) setting out:
(i) details of the referendum expenditure incurred by or with the authority of the relevant person during the period covered by subsection (3); and
(ii) the total value of gifts covered by subsection (4) that were received by the relevant person during the period covered by subsection (3); and
(iii) the total number of persons and entities who made gifts covered by subsection (4) to the relevant person during the period covered by subsection (3); and
(b) if the financial disclosure period is the final such period in a referendum expenditure period—including a statement that the relevant person complied with section 109J during the referendum expenditure period, signed by the members, agents or officers (however described) of the relevant person who have responsibility for ensuring that the relevant person complies with this Part.
Note: For the purposes of subparagraph (a)(i), referendum expenditure is the total amount of expenditure incurred the period covered by subsection (3) in relation to all referendums held on a single day (see subsection 3AAA(3)).
(3) The period covered by this subsection is:
(a) unless paragraph (b) applies—the financial disclosure period; or
(b) if the financial disclosure period is not the first such period in the referendum expenditure period, and the relevant person became a referendum entity during the financial disclosure period—the period starting at the start of the referendum expenditure period and ending at the end of the financial disclosure period.
(4) A gift is covered by this subsection if:
(a) the relevant person knows that the person or entity who made the gift intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter; or
(b) the relevant person accepted the gift intending to use the gift for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter.
(5) The return must:
(a) be provided before the end of the reporting timeframe for the financial disclosure period; and
(b) be in the approved form; and
(c) if the relevant person is also required to provide a return under section 109F for the financial disclosure period—include that return.
(6) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.
109F Returns relating to gifts received by referendum entities for referendum exp enditure
(1) A person or entity (the relevant person ) must provide a return for a financial disclosure period in a referendum expenditure period in accordance with this section if:
(a) the relevant person has become a referendum entity by the end of the financial disclosure period; and
(b) the relevant person received one or more gifts covered by subsection (2) during:
(i) unless subparagraph (ii) applies—the financial disclosure period; or
(ii) if the financial disclosure period is not the first such period in the referendum expenditure period, and the relevant person became a referendum entity during the financial disclosure period—the period starting at the start of the referendum expenditure period and ending at the end of the financial disclosure period.
Note: The return required under this section must be included in the return provided under section 109E (see paragraph 109E(5)(c)).
(2) A gift received by the relevant person from another person or entity is covered by this subsection if the gift is covered by subsection (3) and the total amount of the following was more than $1,000:
(a) the gift;
(b) any other gifts covered by subsection (3) that the relevant person has received from the other person or entity during the period starting at the start of the referendum expenditure period and ending at the end of the financial disclosure period.
(3) A gift is covered by this subsection if:
(a) the relevant person knows that the person or entity who made the gift intends the gift to be used for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter; or
(b) the relevant person accepted the gift intending to use the gift for the purposes of incurring referendum expenditure, or for the dominant purpose of creating or communicating referendum matter.
(4) The relevant person must provide to the Electoral Commission a return setting out the information referred to in subsection (5) in relation to:
(a) each gift mentioned in paragraph (1)(b) received by the relevant person from any other person or entity; and
(b) any other gift received by the relevant person from another person or entity mentioned in paragraph (a) of this subsection, if:
(i) the gift is mentioned in paragraph (2)(b); and
(ii) the relevant person was not already required to give information in relation to the gift in a return under this section.
(5) For the purposes of subsection (4), the information is:
(a) the amount of the gift or each of the gifts; and
(b) the date on which the gift or each of the gifts were made; and
(c) the following:
(i) for a gift or gifts on behalf of the members of an unincorporated association (other than a registered industrial organisation within the meaning of Part XX of the Commonwealth Electoral Act 1918 )—the name of the association, and the names and addresses of the members of the executive committee (however described) of the association;
(ii) for a gift or gifts purportedly made out of a trust fund, or out of the funds of a foundation—the names and addresses of the trustees of the fund or foundation, and the title, name or other description of the trust fund or foundation;
(iii) for any other gift or gifts—the name and address of the person who made the gift or gifts.
(5) Schedule 4, item 3, page 24 (lines 14 and 15), omit "the disclosure threshold", substitute "$1,000".
(6) Schedule 4, item 3, page 24 (line 16), omit "15 weeks", substitute "5 days".
(7) Schedule 4, item 7, page 40 (table item 6), omit "24 weeks after the voting day for the referendum to which the return relates", substitute "14 days after the return is provided".
That this bill be now read a third time.