The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 09:00, made an acknowledgement of country and read prayers.
Safeguard Mechanism (Crediting) Amendment Bill 2023
If the governments decide together to deal with scope 3 emissions, it will have significant financial implications.
If the requirement applies, the Secretary would be required to advise the Minister that they are so satisfied, and the Minister would be required to undertake public consultation as to whether the Safeguard Rules should be amended to ensure that they achieve that object and the content of any such amendments; and if they are satisfied that the Safeguard Rules need to be amended to achieve the second object of the NGER Act, amend the Safeguard Rules.
Widespread and rapid changes in the atmosphere, ocean, cryosphere and biosphere have occurred. Human-caused climate change is already affecting many weather and climate extremes in every region across the globe. This has led to widespread adverse impacts and related losses and damages to nature and people …
It is unequivocal that human influence has warmed the atmosphere, ocean and land.
The review panel acknowledged the scientific evidence criticising the carbon credit scheme, but says "it was also provided with evidence to the contrary". Yet it did not disclose what that evidence was or what it relates to. The public is simply expected to trust that the evidence exists.
The mining industry recognises that there is a very big task that is required to reduce emissions, and we have been on that path for a long time. The minerals industry has signed onto net zero by 2050. We have not been sitting on our hands waiting for policy change. We have been making that change over time. In 2020, the Minerals Council of Australia and its members released our first climate action plan. Since that time we have reported on an annual rolling basis our activities across the industry. It has been measured and, as I said, it has been recorded. MCA members have around about 39 separate activities that go from fuel switching—changing out of current energy sources to new energy sources—autonomous operations, renewable energy, battery storage, digitisation, a whole range of issues on site and in our headquarters, so across all of our operations. That is ongoing and will continue to be ongoing. It is a hard task, but every member is taking action.
bp reaffirms its support for reforms to the safeguard mechanism to provide incentives for large emitters to reduce their emissions in support of Australia's emission reduction targets. We support the goals of the 2015 Paris Agreement on climate change and believe ambitious climate policies, like the safeguard mechanism reforms, will be essential to enable the world and Australia to meet these goals. We look forward to working with the government as the reforms are finalised.
Rio Tinto supports the use of a reformed Safeguard Mechanism as part of a suite of policy measures to incentivise genuine industrial abatement.
A fair, robust and transparent Safeguard Mechanism ('Mechanism') can support a reduction in Australian emissions, as well as encourage businesses and industries to further innovate and adopt smarter practices and technologies in line with our collective emissions reduction targets.
New gas supply investment needs policy and regulatory certainty but instead, the Labor-Greens deal creates additional barriers to investment, further diminishing the investment environment and adding to the growing list of regulatory challenges facing the sector.
The current uncertainty will itself drive up prices. Banks have put away their cheque books on energy projects. Policy uncertainty has rendered electricity generation projects unbankable—
That cost has been masked because lower demand has meant we haven’t needed new projects but when new assets are needed, that risk premium will be there and it will push up … prices.
The treatment of new facilities appears to strike a workable balance—
providing pathways for new projects that stack up to go ahead without adding to burdens on existing facilities or threatening national emissions goals.
Australia needs a credible, durable framework to reach its climate targets and grow the economy.
The reforms will help to unlock investment in the new and existing industries that will maximise Australia’s competitive advantages in a net zero world.
The willingness of a diverse range of lawmakers to work together provides investors with the greater clarity they require to deploy the billions of dollars Australia needs to reach net zero by 2050.
SELECTION OF BILLS COMMITTEE
REPORT NO. 4 OF 2023
30 March 2023
MEMBERS OF THE COMMITTEE
Senator Anne Urquhart (Government Whip, Chair) Senator Wendy Askew (Opposition Whip)
Senator Ross Cadell (The Nationals Whip)
Senator Pauline Hanson (Pauline Hanson's One Nation Whip) Senator Nick McKim (Australian Greens Whip)
Senator Ralph Babet
Senator the Hon. Anthony Chisholm Senator the Hon. Katy Gallagher Senator Matt O'Sullivan
Senator David Pocock Senator Paul Scarr Senator Lidia Thorpe Senator Tammy Tyrrell
Secretary: Tim Bryant 02 6277 3020
SELECTION OF BILLS COMMITTEE
REPORT NO. 4 OF 2023
1. The committee met in private session on Wednesday, 29 March 2023 at 7.16 pm.
2. The committee recommends that—
(a) the Digital Assets (Market Regulation) Bill 2023 be referred immediately to the Economics Legislation Committee for inquiry and report by 2 August 2023 (see appendix 1 for a statement of reasons for referral);
(b) the provisions of the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 bereferred immediately to the Education and Employment Legislation Committee for inquiry and report by 28 April 2023 (see appendix 2 for a statement of reasons for referral);
(c) the provisions of the Nature Repair Market Bill 2023 and Nature Repair Market (Consequential Amendments) Bill 2023 bereferred immediately to the Environment and Communications Legislation Committee but was unable to reach agreement on a reporting date (see appendix 3 for a statement of reasons for referral);
(d) the provisions of the Northern Australia Infrastructure Facility Amendment (Miscellaneous Measures) Bill 2023 bereferred immediately to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 4 May 2023 (see appendix 4 for a statement of reasons for referral); and
(e) the provisions of the Treasury Laws Amendment (Refining and Improving Our Tax System) Bill 2023 bereferred im mediately to the Economics Legislation Committee for inquiry and report by 28 April 2023 (see appendix 5 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
4. The committee deferred consideration of the following bills to its next meeting:
5. The committee considered the following bill but was unable to reach agreement:
(Anne Urquhart)
Chair
30 March 2023
Appendix 1
Name of bill:
Digital Assets (Market Regulation) Bill 2023
Reasons for referral/principal issues for consideration:
Complicated issue
Possible submissions or evidence from:
Sector, Groups Individuals that are affected.
Committee to which bill is to be referred
ECONOMICS LEGISLATION COMMITTEE
Possible hearing date(s):
April to July
Possible reporting date:
2 AUGUST 2023
(signed)
Wendy Askew
Appendix 2
Name of bill:
Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023
Reasons for referral/principal issues for cons ideration:
Complicated issue
Possible submissions or evidence from:
Sector, Groups Individuals that are affected.
Committee to which bill is to be referred
Education and Employment Legislation Committee
Possible hearing date(s):
April to May
Possible repor ting date:
28 April 2023
(signed)
Wendy Askew
Appendix 3
Name of bill:
Nature Repair Market Bill 2023
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Environment and Communications
Possible reporting date:
8/6/2023
(signed)
Anne Urquhart
Name of bill:
Nature Repair Market Bill 2023 Nature Repair Market (Consequential Amendments) Bill 2023
Reasons for referra1/principal issues for consideration:
To examine details of the bill including the use of offsets, measuring long-term outcomes, integrity and transparency.
Possible submissi ons or evidence from:
Environment stakeholders, private sector, experts and scientists.
Committee to which bill is to be referred:
Environment and Communications Legislation Committee
Possible hearing date(s):
5 June 2023
Possible reporting date:
1 August 2023
(signed)
Nick McKim
Appendix 4
Name of bill:
Northern Australia Infrastructure Facility Amendment (Miscellaneous Measures) Bill 2023
Reasons for referra1/principal issues for consideration:
Assessment of effectiveness/uptake.
Possible submissions or evidence from:
Industry, sector groups, individuals who interacted with NAIF.
Committee to which bill is to be referred:
Joint Select Committee on Northern Australia
Possible hearing date(s):
April or potentially on the papers
Possible reporting date:
4th May 2023
(signed)
Nick McKim
Appendix 5
Name of bill:
Treasury Laws Amendment (Refining and Improving Our Tax System) Bill 2023
Reasons for referral/principal issues for consideration:
Complicated issue
Possible submissions or evidence from:
Sector, Groups Individuals that are affected.
Committee to which bill is to be referred
Economics Legislation Committee
Possible hearing date(s):
April to May
Possible reporting date:
28 April 2023
(signed)
Wendy Askew
That the report be adopted.
At the end of the motion, add "and the following bill not be referred to a committee:
National Security Legislation Amendment (Comprehensive Review and Other Measures No. 2) Bill 2023."
The Senate divided. [11:24]
(The President—Senator Lines)
That general business notice of motion No. 211 be considered during general business today.
That the following matter be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 1 September 2023:
The adequacy of Australia's preparedness to host the 2026 Commonwealth Games in Victoria and the 2032 Olympic and Paralympic Games in Brisbane, and to leave a legacy of sporting infrastructure to encourage more Australians to participate in elite and community sports and live active lifestyles, with particular reference to:
(a) the adequacy of existing sporting infrastructure to host Games events;
(b) investments in provision of new or upgraded sporting infrastructure to host Games events, which will have legacy applications for elite and community sports;
(c) consultation by responsible state and Australian government agencies with peak national and state sporting representative organisations to ensure any new investments in Games sporting infrastructure meet the needs of elite and community sports now and into the future;
(d) the adequacy of oversight and accountability processes for investments in new or upgraded sporting infrastructure to host Games events;
(e) investments into the provision of transport infrastructure to facilitate the involvement of more Australians in the Games;
(f) the adequacy and accessibility of, and planning for, accommodation to host athletes, organisers, support staff and Games attendees and future use;
(g) the adequacy of planning for visa requirements for athletes, support staff, officials and visitors seeking to participate in the Games;
(h) the costs and benefits to the Australian community of investments in infrastructure to support the Games, including any impacts on local government, communities and business in host locations;
(i) claimed economic and tourism benefits of the Games;
(j) impacts on housing affordability in areas where proposed Games venues will be located and surrounds;
(k) the potential for regions to benefit in the short and long term from Games investments;
(l) consideration of solutions; and
(m) any other related matters.
That the following matter be referred to the Education and Employment References Committee for inquiry and report by 31 August 2023:
The potential impacts of the Commonwealth Paid Parental Leave (PPL) scheme on small businesses and their employees, both before and after legislative changes come into effect from 1 July 2023, with particular reference to:
(a) the experiences of small businesses in administering the Parental Leave Payment (PLP) on behalf of the Commonwealth, including an assessment of any administrative impacts, cost impacts and any challenges transacting with Services Australia;
(b) the experiences of employees accessing the scheme and receiving the payment through their employer or through Services Australia;
(c) the relative contribution of current arrangements in preserving the relationship between small business employers and employees while an employee is on parental leave;
(d) current Commonwealth PPL arrangements acting as an incentive or disincentive to employment and boosting female workforce participation in small businesses;
(e) the merits and costs of an opt-in or opt-out model for small businesses to administer the Commonwealth PLP, or other arrangements that would help to alleviate any administrative or financial burdens;
(f) the process by which the Department of Social Services and Services Australia could best engage with small businesses and their employees in the design and implementation of any future changes to PPL policy; and
(g) any other related matter.
That the following matter be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by
1 December 2023:
The economic contribution and effects on agricultural and environmental land and seas of major energy infrastructure developments, with particular reference to:
(a) the impact on productivity and environmental integrity of land and seas;
(b) the economic impact on agricultural and fisheries enterprises;
(c) the Commonwealth's role in conjunction with states, territories, private enterprise and local communities in the identification and activation of zones and corridors for major infrastructure developments to reduce the potential for infrastructure to negatively impact agricultural, fisheries and environmental assets;
(d) the impact on national growth goals and projections relating to agriculture, fisheries and environmental protection;
(e) the Commonwealth's role in the development and approval of projects; and
(f) any other matters.
The Senate divided. [11:34]
(The President—Senator Lines)
That—
(1) On Tuesday, 9 May 2023, the hours of meeting be midday to 6.30 pm and
8.30 pm to adjournment, and the routine of business from 8.30 pm be:
(a) Budget statement and documents 2023-24; and
(b) adjournment.
(2) On Thursday, 11 May 2023:
(a) the hours of meeting be 9 am to adjournment;
(b) the sitting of the Senate be suspended from 5.30 pm till the ringing of the bells (at approximately 8 pm); and
(c) on resumption, the routine of business be:
(i) Budget statement and documents-party leaders and independent senators to make responses to the statement and documents for not more than 30 minutes each,
(ii) adjournment proposed, and
(iii) adjournment.
Question agreed to.
Ending Poverty in Australia (Antipoverty Commission) Bill 2023
That the following bill be introduced: A Bill for an Act to establish the Antipoverty Commission, and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Poverty is a political choice. I have said it repeatedly, and I will continue to say it, in this place and across Australia, for as long as we have to.
The Australian Greens believe that a socially just, democratic and sustainable society rests on the provision of an unconditional liveable income, complemented by the provision of universal social services. That is why we took a clear platform to the last election, calling for income support payments to be lifted above the poverty line, to $88 a day.
We have continued to advocate for that immediate increase, including through amendments to legislation that were opposed by both the major parties. We will continue to advocate for that immediate increase that is so urgently needed.
But we also need an approach that ensures that if government makes that immediate increase, we have protections, ensuring that payment rates are adequate so that people aren't living in poverty in the future. We cannot allow a once-off increase to become an excuse for further decades of inaction.
Travelling across the country, as Chair of the Senate Community Affairs Reference Committee's inquiry into the extent and nature of poverty in Australia, we have heard powerful evidence from individuals and community organisations. It has reinforced the devastating impact of poverty on those who face it, and made it clearer than ever that poverty is a political choice—it is something government could choose to act on, but has failed to.
The idea of an independent body, to provide clear advice to Parliament, is something the Greens have long advocated for. In 2016, in the election policy document Equality and Compassion: Strengthening Our Social Safety Net , the Greens election platform set out a clear proposal for an independent equality commission, saying:
The Australian Greens will establi sh an independent Equality Commission. The Equality Commission will provide independent advice to the Government and Parliament on setting rates of income support as well as guidance on broader strategies to reduce inequality within Australia …
In additio n to providing regular, independent advice to the Government and Parliament on income support payment rates, the Equality Commission will advise Government and Parliament on the impacts of policy and legislation on inequality. It would undertake and overse e work on how to transform our income support system into a more flexible and responsive system able to support a productive modern economy. This would include examining best practice models from around the world and trialling new approaches, such as a gua ranteed adequate income model.
We have had a similar proposal in subsequent platforms. We have continually called for an urgent, immediate increase to income support payments, and for the changes that will ensure there is a clear analysis of what needs to be done no-one is living in poverty.
This bill is a constructive step towards ending poverty in Australia. As I have said, repeatedly, we think the first step is an immediate increase to income support payments to $88 a day. And then this Bill is an important part of the longer term work that is needed.
There are a number of features of this Bill that we think are important, and that as well as setting out a clear proposal, set out components of a framework that we will use to analyse any government legislation in a similar vein:
A focus on poverty—we think that the framework you use is important. This is, fundamentally, about addressing poverty—and the legislation should reflect that.
A clear requirement for the development of a national poverty line—for far too long, governments have used the lack of an accepted measure of poverty as an excuse to keep people living on inadequate payments. We need a national definition of poverty—one that takes into account different needs and contexts, and one that government can be held accountable to.
A requirement for government to respond to recommendations—we think government must respond publicly to recommendations made by an independent commission, and this Bill would ensure that happens.
A clear requirement for legislated reviews—we think to preserve the independence of the body, it is important that we have a legislated requirement for reviews of payments, and for reviews of the poverty line.
An independent Parliamentary Committee, that can scrutinise appointments to the body. This cannot be another place that the old parties stack with retired ministers and staffers—it must be where the right people with the right skills and experience are appointed.
A focus on lived experience—this bill specifically enables people with direct experience of poverty to be Commissioners; and we think that is an important benchmark, so that it is not a set of politicians making decisions, but rather draws on people who understand the issues they are discussing.
We think this is an important bill. It sets out a clear framework, and it goes further than any other proposals in this place. We urge the other parties to support it, and we will be using it as a blueprint for our deliberations on legislation in this area.
That there be laid on the table by the Minister representing the Minister for Home Affairs, by no later than 8 April 2023, all documents held by the Australian Federal Police mentioning and/or in relation to a GoFundMe page titled 'Supporting the SASR family'.
The Senate divided. [11:40]
(The President—Senator Lines)
That there be laid on the table by the Minister for Foreign Affairs, by no later than 5 pm on Tuesday, 9 May 2023, the following document:
Indonesia: NSW Coroner's Court inquest into the death of Brian Peters, written by Justin Lee.
The Senate divided. [11:47]
(The President—Senator Lines)
That there be laid on the table by the Minister representing the Minister for Industry and Science, by 6 April 2023, in relation to the National Reconstruction Fund Corporation Bill 2023, any briefing notes, file notes, emails, correspondence, letters or any other written records of advice provided to the Minister regarding:
(a) the constitutionality of the bill;
(b) any risks or avenues for legal challenges to the bill in the High Court;
(c) the constitutional head of power within the Australian Constitution under which the provisions within the bill are made; and
(d) any other risk assessments as regards the constitutional validity of the bill.
The Senate divided. [11:54]
(The President—Senator Lines)
That the Senate—
(a) notes that order for production of documents no. 183, relating to the resignation of the Freedom of Information Commissioner, has only been partially complied with;
(b) rejects the public interest immunity claim made by the Minister that the release of the required information would disclose Cabinet deliberations since much of the information is patently not connected to the deliberations of Cabinet;
(c) accepts the public interest immunity claim made by the Minister with respect to privacy, so far as it relates to the withholding of personal contact details of individuals, but not the more general claim relating to grounds, including the effect of disclosure on the personal and professional reputations of individuals (particularly where those individuals are statutory office holders);
(d) expresses particular concern that, despite the clear terms of the order, the Minister has not produced the Commissioner's resignation letter or any documents evidencing its receipt by the Minister or Department;
(e) requires the Minister representing the Attorney-General to attend the Senate after motions to take note of answers on Thursday, 30 March 2023 to provide an explanation for no more than 10 minutes of the failure to fully comply with order for production of documents no. 183;
(f) any senator may move to take note of the explanation required by paragraph (e); and
(g) any motion under paragraph (f) may be debated for no longer than
30 minutes, shall have precedence over all other business until determined, and senators may speak to the motion for not more than 5 minutes each.
The Senate divided. [11:59]
(The President—Senator Lines)
That the Senate—
(a) notes that:
(i) on 10 May 2022, the Prime Minister (Mr Albanese) told Radio National that he supports people's wages 'not going backwards',
(ii) on 21 March 2023, Senator Farrell advised the Senate during question time that 'of course it is our policy that wages not go backwards',
(iii) on 29 March 2023, the Minister for Employment and Workplace Relations (Mr Burke) stated, in relation to submissions to the Fair Work Commission determining the minimum wage, that 'our submission goes in on Friday and I'll be making more public comments once the submission is in on Friday. If I put it in these terms: When our submission is in on Friday, people will see that our values haven't changed';
(b) requires the Minister representing the Minister for Employment and Workplace Relations to attend the chamber at the conclusion of motions to take note of answers on Thursday, 30 March 2023 to provide a statement to the chamber, of no more than 10 minutes, that outlines the Government's submission to the Fair Work Commission, including whether the Government has maintained its pre-election promise that wages not go backwards, and if its submission will contain the same recommendation as last year's, which recommended that the Fair Work Commission ensure that real wages of Australia's low-paid workers do not go backwards;
(c) any senator may move to take note of the explanation required by paragraph (b);
(d) any motion under paragraph (c) may be debated for no longer than 30 minutes, shall have precedence over all business until determined, and senators may speak to the motion for not more than 5 minutes each.
That senators be discharged from and appointed to committees as follows:
Aboriginal and Torres Strait Islander Voice Referendum—Joint Select Committee—
Appointed [contingent on the appointment of the committee]—Senators Cox, Green, Stewart and White
Cost of Living—Select Committee
Discharged—Senator Sheldon
Appointed—
Senator Stewart
Participating member: Senator Sheldon
Environment and Communications Legislation Committee
Discharged—Senator Bilyk
Appointed—
Senator Sheldon
Participating member: Senator Bilyk
Legal and Constitutional Affairs Legislation Committee—
Appointed—
Substitute member: Senator Faruqi to replace Senator Shoebridge for the committee's inquiry into the Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023
Participating member: Senator Shoebridge
Customs Tariff Amendment (Incorporation of Proposals) Bill 2023
Health Insurance Amendment (Prescribed Dental Patients and Other Measures) Bill 2023
Special Recreational Vessels Amendment Bill 2023
Treasury Laws Amendment (Refining and Improving Our Tax System) Bill 2023
Veterans' Affairs Legislation Amendment (Miscellaneous Measures) 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.
HEALTH INSURANCE AMENDMENT (PRESCRIBED DENTAL PATIENTS AND OTHER MEASURES) BILL 2023
The Government is pleased to introduce the Health Insurance Amendment (Prescribed Dental Patients and Other Measures) Bill 2023.
Prescribed dental patients
Cleft and craniofacial services listed on the Medicare Benefits Schedule provide patients and families with much needed financial assistance for major dental and skeletal treatment. In Australia, about one in every 800 babies are born with a cleft lip or palate, and early medical intervention is critical for improved health outcomes. Persons diagnosed with a cleft or craniofacial condition often require ongoing treatment, particularly during their growth and development years, to correct or improve their physiological irregularities which can lead to other significant problems such as issues with feeding, hearing and speech, ear infections, and dental decay.
This Bill proposes changing the Cleft Lip and Cleft Palate Scheme to remove the unfair age restrictions that deny a small cohort of patients a Medicare reimbursement for treatment beyond the age of 22 years. This Bill will confer Medicare benefits eligibility to disadvantaged patients, including those who did not have treatment organised by their parents before reaching the age of 22, or those who have their treatment delayed beyond the age of 22 for other reasons, for example due to the COVID-19 pandemic.
Age limits for access to the scheme were initially established on the basis that patients suffering cleft and craniofacial conditions would generally have completed most specialist dental work associated with their condition once their facial growth was complete. Age limits for some patients were amended under the Health Insurance Amendment (Professional Services Review and Other Matters) Bill 2002 . A small number of patients, however, continue to be denied access to Medicare benefits for treatment based on age. These changes will provide equity of access to treatment for cleft and craniofacial conditions, by removing the age restrictions currently associated with these services so that access is based on clinical need, in line with other Medicare Benefits Schedule services.
This Bill will not significantly alter average patient numbers being treated under Medicare but will allow for a more structured treatment plan that considers individual patient circumstances.
Other Measures
This Bill will also provide for Services Australia to develop a system to place a doctor on, and remove a doctor from, the Register of Approved Placements.
Specified bodies like the Department of Health and Aged Care and the general practice colleges are responsible for determining if a doctor is eligible to be placed on the Register of Approved Placements. The specified bodies notify Services Australia of their decision, and Services Australia places doctors on, and removes doctors from, the Register of Approved Placements accordingly.
Currently, the Health Insurance Act 1973 does not allow for this step of the process to be automated through a computer system. This Bill enables Services Australia to achieve efficiencies by developing systems that support an automated approach. Specifically, systems to support placing doctors on, and removing doctors from, the Register of Approved Placements once a decision has been made by a specified body. There are over 10,000 placements processed each year.
The Bonded Medical Program provides a Commonwealth-supported place in a course of study in medicine at an Australian university in exchange for a participant completing a Return of Service Obligation working as a doctor in a regional, rural or remote community.
This Bill will further enhance the administration of the Bonded Medical Program by rectifying inconsistencies between the Health Insurance Act 1973 and theHealth Insurance (Bonded Medical Program) Rule 2020 , simplifying the length of a bonded participant's return of service obligation.
For the benefit of bonded participants, the Bill will also clarify how the return of service obligation will be calculated—as well as support automatic calculation in the Bonded Return of Service System—and ensure that the administrative penalty will only be applied when it is appropriate.
Conclusion
This Bill will allow persons diagnosed with congenital and hereditary cleft and craniofacial conditions access to appropriate and timely treatment, despite their age, which will improve their quality of life.
This Bill will also streamline Medicare administrative processes for the registration of approved training and workforce placements. The efficiencies that can be realised through the implementation of these changes may lead to reduced processing timeframes and allow doctors to start working at a medical practice and providing services to patients in the community sooner.
Finally, this Bill will further enhance the administration of the Bonded Medical Program in the interests of bonded participants.
VETERANS' AFFAIRS LEGISLATION AMENDMENT (MISCELLANEOUS MEASURES) BILL 2023
The Albanese Labor Government is committed to the task of saving lives and delivering a better future for the veteran community.
When an Australian signs up to our Defence Force, they make a solemn vow to defend Australia, to operate in support of our national interests.
They do so knowing that they may find themselves in harm's way and could make the ultimate sacrifice for our nation.
This is why as a Government and as a nation we have a solemn obligation to look after our Defence force personnel, veterans and families.
To make sure that for those who find themselves injured or needing support, that this is readily available.
I am pleased to introduce the Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2023.
This Bill introduces a number of measures that will improve the way we support veterans and their families, address some
technological anomalies, and make some minor technical improvements to the operation of veterans' legislation.
The amendments contained in the Bill, a number of which are long overdue, demonstrate the government's ongoing commitment to implementing practical support measures to better support defence personnel, veterans and their families.
Schedule 1 will require the Repatriation Medical Authority (RMA) to provide an annual report for tabling in Parliament. This item addresses the Senate Foreign Affairs, Defence and Trade Legislation Committee's recommendation in their July 2019 report 'Annual reports (No.1 and No. 2 of 2019)', that theVeterans' Entitlements Act 1986 (VEA) be amended to publish an annual report. The RMA has, as a matter of practice, already been tabling an annual report, so this measure will convert this existing practice to a legislative requirement.
The RMA have been consulted and supports this measure.
Schedule 2 amends the language contained in section 330 of the Military Rehabilitation and Compensation Act 2004 (MRCA) and section 58 of theSafety Rehabilitation and Compensation (Defence-Related Claims) Act 1988 (DRCA).
This is important because the language in these provisions is reflected in communication with veterans, and the present phrasing regarding the Military Rehabilitation Compensation Commission refusing to process a claim of further information is
distressing to many veterans. This phrase will be replaced so the commission will instead "defer" processing of the claim, which reflects actual practice.
Schedule 3 fixes incorrect references in the Veteran Entitlements Act to a provision in the A New Tax System (Family Assistance) Act 1999.
Schedule 4 amends the Defence Ser vice Homes Act 1918 (OSHA Act) to clarify the determination, revocation, replacement, variation and content of the Statement of Conditions made under section 38A of the OHSA Act.
The Statement of Conditions is similar to a Product Disclosure Statement. It is a legislative instrument that sets out the risks against which the Commonwealth will undertake insurance under the relevant part of the OHSA Act, and other terms and conditions relating to insurance by the Commonwealth under the relevant part of this Act.
The original drafting of section 38A left it ambiguous as to the extent the Minister may re-make or otherwise revoke and replace the Statement of Conditions.
The amendments in Schedule 4 repeal certain subsections under section 38A and substitute provisions that clarify the operation of the Statement of Conditions and the conditions to vary, revoke and replace the Statement of Conditions.
The new provisions continue to ensure that any revocation or variation of the Statement of Conditions must not remove the right of a person to receive a payment to which the person had become entitled before the revocation or variation took effect.
Schedule 5 will automate the alignment of the private vehicle allowance rate in the Mili tary Rehabilitation and Compensation Act 2004 (MRCA) and theSafety Rehabilitation and Compensation (Defence-Related Claims) Act 1988 (DRCA) continues to align to that of theSafety, Rehabilitation and Compensation Act 1988 (SRCA).
This will ensure consistency and create on-going administrative efficiencies. Clarity and certainty will be provided for both clients and the department through the creation of a transparent and legislated process for the rate.
This Bill is just one of many ways that the Albanese Labor Government is working to better support veterans.
We came to Government with a commitment to invest in a better future for Defence personnel, veterans and families.
The October 2022 Budget delivers on this commitment, with significant investments including;
We're also responding to the Royal Commission into Defence and Veteran Suicide's Interim Report:
veterans' legislation. Consultation on that Pathway is now underway.
This government is committed to implementing practical support measures to better support defence personnel, veterans and their families.
The amendments contained in the Bill before us today, while modest, demonstrate our government's ongoing commitment, while we also work on our Veteran legislation Reform Consultation Pathway.
We want our service personnel, veterans, and veteran families to know that they will get the support that they not only need, but deserve.
I commend the Bill to the House.
CUSTOMS TARIFF AMENDMENT (INCORPORATION OF PROPOSALS) BILL 2023
The Customs Tariff Amendment (Incorporation of Proposals) Bill 2023 amends the Customs Tariff Act 1995 to incorporate the measures in five customs tariff proposals and to correct references to new tariff headings and subheadings made by the 2022 Harmonized Commodity Description and Coding System (the Harmonized System). The Customs Tariff Proposals were tabled in Parliament in August and November last year. The measures in the Bill support improved access to essential hygiene and medical-related goods, greener technology, and respond to the illegal invasion of Ukraine and follow from Australia's international obligations.
The Bill inserts into the Customs Tariff Act a new provision for the temporary application of a 35 per cent additional duty to goods that are the produce or manufacture of Russia or Belarus. The additional duty applies to goods imported between 25 April 2022 and 24 October 2023 that left for direct shipment to Australia from 25 April 2022. This duty applies in addition to the general rate of customs duty applicable to imported goods. Importers of these goods are able to access concessional treatment under certain items of Schedule 4 to the Customs Tariff Act. This ensures that Australia is meeting its commitments under various international agreements. This measure commenced on 25 April 2022 for an initial six month period and was subsequently extended for a further twelve month period. The measure and the extension are a response to Russia's illegal invasion of Ukraine, and the support provided by Belarus for this invasion. The measure and the extension are necessary for Australia's essential security interests as Russia continues to violate the sovereignty and territorial integrity of Ukraine and undermine the rules-based international order. Australia is committed to upholding these principles that are essential for Australia's international, regional and domestic stability and security. Economic measures against Russia and Belarus are a necessary part of the international community's response to their flagrant violation of the Charter of the United Nations.
The Bill incorporates a provision which provides for a temporary 'Free' rate of customs duty for goods that are the produce or manufacture of Ukraine, other than tobacco, alcohol, and petroleum products. The 'Free' rate of customs duty applies to goods that are imported into Australia from 4 July 2022 to 3 July 2023. The measure complements the additional duty applied to Russian and Belarusian goods and seeks to assist the economic recovery of Ukraine.
The Bill incorporates the extension and expansion in scope of concessional item 57 of Schedule 4 of the Customs Tariff Act. This concession provides for a 'Free' rate of customs duty for imported hygiene and medical-related products. The measure was first implemented in 2020 as a temporary response to the pandemic, extended on several occasions and was ultimately made permanent on 1 July 2022. At this time, the scope of the concession was extended to cover ingredients to be used in the production of certain medicaments and containers for medicaments, in addition to goods such as facemasks and gloves. This permanent tariff concession ensures that Australians continue to have access to critical hygiene and medical-related goods.
The Bill incorporates a measure that provides a 'Free' rate of customs duty for new passenger motor vehicles with a customs value less than the luxury car tax threshold. The 'Free' rate of customs duty applies to electric vehicles, hydrogen fuel cell vehicles and hybrid vehicles with an engine capable of being plugged in to an external source of power. This measure commenced on 1 July 2022 and complements other measures aimed at accelerating the uptake of these vehicles.
The Bill will also amend a reference to the tariff heading for blood-grouping reagents in a note to Chapter 13 of Schedule 3 of the Customs Tariff Act and insert the correct tariff subheading for certain goods that are herbicides, anti-sprouting products and plant-growth regulators to ensure that these goods are subject to the correct preferential rate of customs duty as agreed under the Regional Comprehensive Economic Partnership Agreement.
SPECIAL RECREATIONAL VESSELS AMENDMENT BILL 2023
The Special Recreational Vessels Amendment Bill 2023 will extend the sunsetting date of the Special Recreational Vessels Act 2019 (the SRV Act) from 30 June 2023 to 30 June 2025. This Act allows foreign special recreational vessels (also known as superyachts) to apply for a special recreational vessel temporary licence to operate on the Australian coast, if they choose to opt in to the coastal trading regulatory regime. This allows these vessels to be offered for hire or charter.
The proposed amendment means these vessels can continue to operate under temporary licences, bringing overseas dollars into regional communities around Australia. Encouraging special recreational vessels to come to Australia to charter is important, particularly for post COVID recovery.
Special reactional vessels bring a range of economic benefits—Australian producers and service industries all stand to benefit from the continuation of superyacht charters. The opportunity to supply food and beverages to the vessels as well as the onshore demand for tourism, accommodation, cafes and restaurants will provide much needed business.
Extending the repeal date of the SRV Act for two years will allow more time to consult stakeholders on a longer-term solution for special recreational vessel regulation. Earlier consultation was paused because of the COVID-19 pandemic, resulting supply chain issues, and will not be completed prior to the SRV Act sunsetting.
In the interim, the SRV industry needs certainty to continue to operate in Australia.
The Australian Government is committed to ensuring Australia's regulatory framework for our maritime industries remains fit for purpose, meets community expectations and supports Australian businesses.
The Government appointed a Taskforce to provide advice on how to establish an Australian strategic maritime fleet and is expected to provide advice on any changes to the coastal trading regulatory framework required to support establishment of the fleet. The Government will consider the Taskforce's advice, which is due by 30 June 2023, before determining whether wider regulatory reform is required to support and grow Australia's maritime industry more broadly, including consideration of a longer term solution for regulating superyachts.
The superyacht industry will no doubt make an important contribution to our post COVID-19 recovery as we look to reopen the economy and permit more leisure activities in Australia.
The Australian Government recognises the economic opportunities that superyachts afford Australian business, as well as regional and urban communities.
This Bill permits special recreational vessels to continue to charter in Australia and have these opportunities realised.
TREASURY LAWS AMENDMENT (REFINING AND IMPROVING OUR TAX SYSTEM) BILL 2023
The Treasury Laws Amendment (Refining and Improving our Tax System) Bill 2023 contains a number of measures to remove unnecessary administrative and compliance burdens associated with our tax system.
Schedule 1 to the Bill amends the International Tax Agreements Act 1953 to give the force of law to the new tax treaty signed by Australia and Iceland on 12 October 2022.
The number of Icelandic people in Australia is not large. The 2021 Census counted 405 Icelandic-born people and 1328 people of Icelandic ancestry. However, Iceland's GDP per capita is one of the highest in the world and this tax treaty will make Australia a more attractive investment destination for Icelandic capital. It will also reduce the tax barriers to Australian businesses trading with Iceland.
The treaty also reflects the Government's commitment to ensuring multinationals pay their fair share of tax.
As part of our first Budget last October, we have already taken meaningful steps:
This treaty builds on that work by incorporating important integrity measures from the G20 and OECD's Base Erosion and Profit Shifting project and providing mechanisms to support stronger cooperation between tax authorities to detect and combat tax evasion.
This treaty presents a welcome opportunity to strengthen our economic and cultural ties with Iceland, a country with whom we share many values.
Schedule 2 to the Bill amends the law to exempt wholly owned Australian incorporated subsidiaries of the Future Fund Board of Guardians (Future Fund Board) from corporate income tax.
Currently, the Future Fund Board is exempt from income taxes, but this exemption does not extend to its wholly owned subsidiaries. Extending this exemption will remove the administrative burden associated with the payment of tax by these subsidiaries and the subsequent claiming of a refund by the Future Fund Board.
The legislation will not change the net position for either the Commonwealth or the Future Fund—that is, no income tax is collected by the Commonwealth from the Future Fund Board.
Schedule 3 to the Bill transfers administration of four unique Deductible Gift Recipient categories to the Australian Taxation Office, and repeals provisions relating to maintenance of departmental registers.
The ATO currently administers 48 of the 52 categories under which an organisation may be eligible for endorsement as a deductible gift recipient. Four deductible gift recipient categories—Environmental Organisations, Harm Prevention Charities, Cultural Organisations, and Overseas Aid Organisations—are currently administered by Ministers through departmental registers.
The amendments transfer practical responsibility for assessing deductible gift recipients from these four Ministers to the ATO. The amendments will make all deductible gift recipient categories consistent in administration, reducing the regulatory burden imposed on endorsed organisations and streamlining application and reporting requirements for organisations.
Approval times for these four categories will be reduced from up to two years to around one month. It will prevent the situation that we saw prior to the last election, in which worthy charities that were not politically aligned with the Morrison Government did not receive their deductible gift recipient listing in a timely fashion. This included the Grace Tame Foundation, which had to await the election of the Albanese Government before receiving its deductible gift recipient listing.
These changes are just part of our commitment to strengthening the charity sector.
Schedule 4 to the Bill provides deregulatory benefits to small and medium businesses that engage with the fuel or alcohol excise system or import excise-equivalent goods. Instead of the existing ability to apply for weekly or monthly reporting and payments, such businesses can also apply for permission to lodge and pay their duty quarterly. This measure will reduce administrative burdens and help small and medium businesses with cash flow.
The proposed amendment will commence on 1 July 2023. Eligible businesses with an aggregated turnover of less than $50 million in an income year, who pay fuel and alcohol excise or customs duty on excise-equivalent goods, will then be able to apply for permission to the Commissioner of Taxation or Comptroller-General of Customs to move to the new reporting schedule.
Currently, businesses are required to lodge and pay excise and customs duty on excise-equivalent goods when goods enter home consumption unless they have permission to defer lodgement and payment. This permission can only be given for lodgement and payment weekly or, for certain eligible businesses, monthly.
This new quarterly schedule will better align fuel and alcohol excise and customs duty on excise-equivalent goods with other indirect taxes such as the GST. Fuel and alcohol businesses will benefit from reporting and paying excise and customs duty at the same time as they lodge their Business Activity Statement.
Schedule 5 to the Bill provides deregulatory benefits to retail and hospitality venues who repackage beer from bulk quantities into small containers for immediate retail sale. From 1 July 2023, this measure introduces a targeted exemption from alcohol excise licensing requirements for the repackaging of the first 10,000 litres of beer from kegs into non-pressurised containers of no more than 2 litres capacity—commonly known as growlers—for immediate retail sale at particular premises in a financial year.
Currently, businesses that package duty-paid beer into these containers are required to hold a manufacturing license for excise purposes and pay duty again, in effect paying double duty. These licenses carry significant obligations which are more appropriate to entities fermenting, brewing or repackaging beer on a commercial basis in order to protect the lower alcohol excise rate of keg beer. However, filling specified containers in retail settings does not pose this integrity risk. This measure will benefit the hospitality sector, and reflects the Australian Government's commitment to our local bars and clubs.
While the first 10,000 litres of beer in a financial year is exempt, subsequent amounts are captured by existing arrangements. This will ensure that larger businesses engaged in this practice in more significant commercial quantities remain appropriately regulated.
Sale of takeaway alcohol in retail settings will continue to remain the regulatory responsibility of the states and territories. This amendment is intended to remove disproportionate regulatory requirements on this practice created by the alcohol excise system.
The measures in Schedules 4 and 5 reflect the Australian Government's strong commitment to a thriving small business sector. It complements small business measures that we are already implementing, including:
Full details of the measure are contained in the Explanatory Memorandum.
Social Security (Administration) Amendment (Income Management Reform) 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.
Today I am introducing the next step in the Albanese Government's election commitment to reform Income Management—the Social Security (Administration) Amendment (Income Management Reform) Bill 2023.
The Bill builds on changes made by the Social Security (A dministration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 2022 , which established the enhanced Income Management program and repealed the Cashless Debit Card program.
The amendments made by this Bill will facilitate an effective and efficient transition to enhanced Income Management for existing Income Management participants who choose to access a superior banking product, and ensure that new entrants into the program are provided with the contemporary technology of the SmartCard.
This is to be given effect through three key reforms, to be implemented from a date to be set by proclamation.
Firstly, the Bill extends the enhanced Income Management regime to include all of the measures that are in place for the Income Management regime. This will allow eligible welfare recipients to enter an enhanced Income Management regime that offers improved technology and access to over one million outlets across Australia as well as 'Tap and Go' transactions, online shopping and BPAY.
Secondly, the Bill gives people subject to the Income Management regime under Part 3B the choice to move to enhanced Income Management from the commencement date, thereby allowing them to access the BasicsCard bank account and superior SmartCard.
Thirdly, the Bill directs all new entrants to the enhanced Income Management regime, ensuring no new participant is issued the BasicsCard—all new participants will receive the SmartCard. We will undertake further consultation on the long-term future of Income Management.
Former Cashless Debit Card participants in the Northern Territory and Cape York and Doomadgee regions, and those who chose to remain on the Cashless Debit Card program in other areas, transitioned to the enhanced Income Management program on 6 March 2023.
This Bill offers that same choice to use the contemporary technology to more than 24,400 existing Income Management participants, in the Northern Territory and other place-based locations nationally. It will also ensure that all newly eligible participants will be part of enhanced Income Management, to ensure no new participants are given a BasicsCard.
The more modern SmartCard provides banking functions including 'tap to pay' payments, online shopping and BPAY bill payments. Importantly the SmartCard is delivered by Services Australia and has a PIN number for added protection.
Our absolute priority is to ensure participants are supported and given access to a modern financial experience.
The service offering of the BasicsCard has become increasingly out of step with modern expectations. Submissions to the Senate Community Affairs Legislation Committee enquiry into the Social Security (Administration) Amendment (Repeal of the Cashless Debit Card and Other Measures) Bill 2022 also gave us a clear message that the BasicsCard is out of date, and not sufficient to meet the needs of people in communities.
The former government did not invest in the BasicsCard because they were focused on pushing more people onto their privatised Cashless Debit Card.
We have listened, this Bill responds to the clear message that the BasicsCard is out of date—that is it is important for this Bill to be dealt with as soon as possible.
The Albanese Government is working with communities on what the future of Income Management looks like for them. Any decisions about the future of Income Management will be based on genuine consultation with affected communities, state and territory governments and experts in the field. Until that time, this Bill will ensure Income Management is more in tune with the needs of participants, based on the feedback we have already heard.
Further, this Bill will specifically exclude Age Pensioners and Special Needs Pensioners as eligible payments for the Vulnerable Welfare Payment Recipient (VWPR) measure of enhanced Income Management. This reflects the Albanese Government's strong view that this was never an appropriate measure under the existing Income Management program, and ensures that any future governments are unable to enact this change without standing here in this place and attempting to justify it.
It will also specifically exclude Veterans' Payments as eligible payments for enhanced Income Management.
It is important to be clear here to provide communities with certainty about what these changes mean for them. This Bill does not remove the Income Management program or amend the underlying policy, which is based on applying restrictions to an individual's welfare payment when they meet specific eligibility criteria, to ensure a portion of their payment cannot be spent on restricted goods.
The Bill does not change the eligibility criteria which determine whether an individual is placed on income management. As such, no participants will exit the scheme who would otherwise be subject to income management. Any new participants who will be placed on enhanced Income Management would otherwise have been placed on Income Management.
This Bill does not change the portion of payment which cannot be spent on restricted goods, which will remain consistent with the portion currently restricted based on eligible measure.
It also does not change the items to be restricted, which are alcohol, gambling services, pornography and tobacco.
Importantly, it also does not change the current ability for state and territories to refer people to income management where there are concerns, for example relating to child protection. This ability exists in the income management regime and will be protected by inserting equivalent sections into the enhanced Income Management.
Feedback from First Nations community leaders told us more consultation was required on the future of Income Management. We heard that any change needs to be measured and respond to community needs. Decisions that impact First Nations people will be made in partnership involving extensive consultation.
As I said in this place when I introduced our Bill to abolish the Cashless Debit Card last year—we will continue consulting with, and listening to, a wide range of stakeholders, including First Nations leaders, women's groups, service providers, communities, people receiving welfare payments and our state and territory government counterparts.
These diverse perspectives on local needs will strongly inform what the future of Income Management looks like. Consultation is central to everything we as a government will do. We want to ensure changes or measures we implement are helping those who need it.
Our focus and our objective as a Government remains clear—to empower people and communities, and provide individuals and communities with a range of supports that they can choose to use when and how it suits them best.
National Reconstruction Fund Corporation Bill 2023
Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Bill 2023
That the Senate concur with the resolution of the House of Representatives proposing the appointment of a joint select committee on the Aboriginal and Torres Strait Islander Voice referendum.
Safeguard Mechanism (Crediting) Amendment Bill 2023
The committee divided. [13:04]
(The Chair—Senator McLachlan)
(1) Schedule 1, item 4, page 3 (line 23) to page 4 (line 10), omit the item, substitute:
4 Section 7
Insert:
associated provisions means the following provisions:
(a) the provisions of a legislative instrument made under this Act;
(b) the provisions of a legislative instrument made under the regulations;
(c) sections 134.1, 134.2, 135.1, 135.2, 135.4, 136.1, 137.1 and 137.2 of the Criminal Code , in so far as those sections relate to:
(i) this Act; or
(ii) a legislative instrument made under this Act; or
(iii) a legislative instrument made under the regulations.
4A Section 7 (at the end of the definition of baseline emissions number )
Add "and subsection 22XMA(4)".
4B Section 7
Insert:
Commonwealth Registry account has the same meaning as in theAustralian National Registry of Emissions Units Act 2011 .
4C Section 7 (at the end of the definition of covered emissions )
Add "and subsection 22XMA(2)".
4D Section 7 (at the end of the definition of designated large facility)
Add "and subsection 22XMA(3)".
4E Section 7
Insert:
issue , in relation to a safeguard mechanism credit unit, means issue under section 22XNA.
(2) Schedule 1, page 8 (after line 21), after item 30, insert:
30A At the end of Division 3 of Part 3H
Add:
22XMA Onshore shale gas facilities
(1) This section applies in relation to a facility that involves the exploration or production of onshore shale gas if:
(a) the facility was not a designated large facility for any financial year ending before 1 July 2023; or
(b) on or after the commencement of this section, the undertaking of that exploration or production is extended to new areas.
(2) Despite section 22XI, for the purposes of this Act, the covered emissions of greenhouse gases, in relation to the facility, are:
(a) scope 1 emissions of one or more greenhouse gases; and
(b) scope 2 emissions of one or more greenhouse gases.
(3) Despite section 22XJ, for the purposes of this Act, the facility is a designated large facility for any financial year beginning on or after 1 July 2023.
(4) Despite section 22XL, for the purposes of this Act, the baseline emissions number for the facility is:
(a) for a financial year beginning on or after 1 July 2023—nil; or
(b) for a period other than a financial year that begins on or after 1 July 2023—nil.
The committee divided. [13:08]
(The Chair—Senator McLachlan)
SHEET 1903 REVISED
(1) Schedule 1, item 31, page 8 (after line 29), after paragraph 22XN(1)(a), insert:
(aa) if the surrender includes one or more Australian carbon credit units—the surrender meets the requirement in subsection (1AA); and
(2) Schedule 1, item 31, page 8 (after line 33), after subsection 22XN(1), insert:
(1AA) For the purposes of paragraph (1)(aa), the requirement is that the number of Australian carbon credit units included in the surrender does not exceed:
(a) in the first year of operation of Division 4A of Part 3H—more than 90% of the abatement amount; and
(b) in each subsequent year of operation of that Division—more than the greater of:
(i) 90% of the abatement amount minus 10% of the abatement amount per year of operation; and
(ii) 20% of the abatement amount.
(1AB) For the purposes of subsection (1AA), the abatement amount is the difference between:
(a) the net emissions number for the facility for the period (assuming no reductions have been applied under section 22XK); and
(b) the baseline emissions number for the facility for the period.
(3) Schedule 4, page 50 (after line 16), after item 7, insert:
7A After section 150A
Insert:
150B Price of Australian carbon credit units not to be capped
Despite anything in this Act, or in any other law of the Commonwealth, there is no cap on the price at which Australian carbon credit units may be purchased by a person who is the operator of a facility to which Part 3H of the National Greenhouse and Energy Reporting Act 2007 applies.
SHEET 1907
(1) Schedule 4, page 51 (after line 15), after item 12, insert:
12A After Part 23
Insert:
Part 23A — Judicial review
238A Extended standing for judicial review
(1) This section extends (and does not limit) the meaning of the term person aggrieved in theAdministrative Decisions (Judicial Review) Act 1977 for the purposes of the application of that Act in relation to:
(a) a decision made under this Act or a legislative instrument under this Act; or
(b) a failure to make a decision under this Act or a legislative instrument under this Act; or
(c) conduct engaged in for the purpose of making a decision under this Act or a legislative instrument under this Act.
(2) An individual is taken to be a person aggrieved by the decision, failure or conduct if the individual is an Australian citizen or ordinarily resident in Australia or an external Territory.
(3) An organisation or association (whether incorporated or not) is taken to be a person aggrieved by the decision, failure or conduct if the organisation or association is incorporated, or was otherwise established, in Australia or an external Territory.
(4) A term (except person aggrieved ) used in this section and in theAdministrative Decisions (Judicial Review) Act 1977 has the same meaning in this section as it has in that Act.
SHEET 1915
(1) Schedule 1, item 28, page 7 (line 26), omit "Safeguard rules made for the purposes of paragraph (2)(c) may", substitute "For the purposes of paragraph (2)(c), the safeguard rules must".
(2) Schedule 1, item 28, page 8 (after line 12), after subsection 22XK(2A), insert:
(2AA) In making safeguard rules for the purposes of subsection (2A), the Minister must ensure that they are consistent with the principle that, to the extent that the number of Australian carbon credit units surrendered exceeds 50% of the abatement amount for a facility for a period, the value of those units in reducing the net emissions number for the facility for the period should be discounted by 20%.
(2AB) For the purposes of subsection (2AA), the abatement amount for a facility for a period is the difference between:
(a) the net emissions number for the facility for the period (assuming no reductions have been applied under this section); and
(b) the baseline emissions number for the facility for the period.
The committee divided. [13:13]
(The Chair—Senator McLachlan)
SHEET 1920
(1) Schedule 1, page 29 (after line 13), after Part 2A, insert:
Part 2B — Amendment of the Industry Research and Development Act 1986
Industry Research and Development Act 1986
66G Subsection 33(2)
Repeal the subsection, substitute:
(2) A program may only be prescribed under subsection (1):
(a) to the extent that it is with respect to one or more legislative powers of the Parliament; and
(b) if it is not a program to subsidise the extraction of coal or natural gas.
(2) Schedule 1, item 67, page 31 (after line 22), at the end of the item, add:
(15) The amendment of section 33 of the Industry Research and Development Act 1986 made by Part 2B of this Schedule applies in relation to a program prescribed under subsection (1) of that section after the commencement of this item.
The committee divided. [13:21]
(The Chair—Senator McLachlan)
The Senate divided. [13:28]
(The President—Senator Lines)
Royal Commissions Amendment (Enhancing Engagement) Bill 2023
We appear to be on track for further falls in inflationary pressures …
… … …
The data reinforces the need for continued … wage moderation and will add to arguments for wage restraint in the coming National Wage Review …
… it is imperative that inflation is brought back to normal levels—
Further increases in prices or wages will only exacerbate inflationary pressures …
The Aboriginal and Torres Strait Islander Voice may make representations to the Parliament and the Executive Government of the Commonwealth on matters relating to Aboriginal and Torres Strait Islander peoples …
… taxpayer money must be spent in the best interest of the community, not an election outcome.
Safeguard Mechanism (Crediting) Amendment Bill 2023
On the geopolitical front, Australia's 'quiet quitting' of the LNG business has potentially very sinister consequences. The question of who will replace Australian supply into the market is front and centre. 'Alarmingly, the "inconvenient truth" is most likely that Russia, China and Iran will fill the void.'
I do not follow power prices closely enough to be able to answer the question.
Is that racism? Can I just call out racism in this chamber right now, please?
We've just had an accusation made in this chamber, and I would like Senator Thorpe to withdraw.
It is for the chair to determine what constitutes offensive words, imputations of improper motives and personal reflections under this standing order. In doing so, the chair has regard to the connotations of expressions and the context in which they are used.
The chair normally does not require the withdrawal of words unless the chair has determined that they are contrary to the standing order, but if a senator finds a remark personally offensive and considers himself or herself personally aggrieved, the chair may require its withdrawal to preserve the dignity of debate.
The standing orders and rules of this place are limits, not guides. Just because something can be said or done does not mean it should be. Common decency cannot be codified. It depends on all of us considering the impact of our behaviour on others. While this workplace isn't like a normal one, it is still a place where we all must work together, even across issues of profound disagreement.
That the Senate take note of the answers given by ministers to questions without notice asked by Opposition senators today.
Certainty in policy direction and a stable regulatory framework will continue to encourage strong investment in Australia.
Unfortunately, the investment climate in Australia appears to be deteriorating.
In Japan we say, 'don't cheat at rock, paper, scissors'. This translates to "don't move the goalposts after the game has started."
That the Senate take note of the answers given by the Minister for Foreign Affairs (Senator Wong) to questions without notice asked today.
Taxpayer funds are ones that are paid for by hard workers … They deserve better than to have their taxpayer funds from their hard work funnelled into marginal electorates on the basis of a political whim.
… … …
We need governments to be held to account for their actions.
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Wong) to a question without notice asked by Senator Shoebridge today relating to Julian Assange.
Dear colleagues,
I am writing to let you know that I've written to the Governor-General to resign my appointment …
That the Senate take note of the explanation.
… 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 …
This global event recognises the importance of the community's right to know and to access to government-held information.
It also reinforces the role of government in promoting transparency and accountability.
Regrettably, the previous government did not believe that Australians have a right to know.
In contrast, the Albanese Government is committed to restoring public trust and strengthening standards of integrity in our federal government.
Open access to information is essential for good decision-making, genuine engagement in democratic government, and combatting corruption.
Citizens need this access to know how they are being governed.
Today, we also acknowledge the importance of the Freedom of Information Act.
The proactive disclosure of government-held information promotes—
open government and advances our system of representative democracy.
I want to conclude by assuring you all that the Albanese Government is firmly committed to transparency and accountability, to ensure we have better government for all Australians.
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—
The most dangerous of all sinister interests is that of the executive government, because it is the most powerful.
… we are serious about restoring trust and integrity to government.
It pushes up wages and pushes up prices … This is a bad place to go … what we saw coming out of that job summit was fuel on the inflationary fire.
That the Senate take note of the document.
"This is the greatest drop in workers' real pay in recorded history …
"This is the greatest drop in workers' real pay in recorded history …
"This is the greatest drop in workers' real pay in recorded history …
"Adjusted for inflation, Australian wages have fallen by 4.2 per cent over the past year and by 6.8 per cent since their peak."
"More than a decade—
of hard-won wage gains—our blood, sweat and tears—lost over the course of just one year.
"This is the greatest drop in workers' real pay in recorded history …
That the Senate take note of the report.
Community Affairs Legislation Committee—
Budget estimates 2022-23—Additional information received between 24 May 2022 and 15 March 2023—
Health portfolio.
Social Services portfolio.
Budget estimates 2022-23 (November)—Hansard record of proceedings, documents presented to the committee and additional information.
That the Senate take note of the report.
That the Senate take note of the document.
That the Senate take note of the report.
That the Senate take note of the report.
That the Senate take note of the document.
That the Senate take note of the report.
The Morrison Government declared the COVID-19 pandemic on 27 February 2020, before the World Health Organization declared it on 11 March 2020. The early acknowledgement and action in closing international borders meant the Government could put health and economic measures in place to protect lives and livelihoods.
During the COVID-19 pandemic, the Department of Foreign Affairs and Trade's established crisis framework enabled it to successfully assist 61,755 Australians to return and facilitate 227 flights.
The response to the pandemic was tough but it allowed Australia to be one of the few countries to come out of the pandemic stronger, with over 95% of Australians vaccinated …
… the Department of Health's Is It True? portal opened on 14 March and provided information on the safety and effectiveness of the vaccine rollout in more than 63 languages for multicultural communities.
In Australia from 3 January 2020 to 21 March 2023, there have been 11,380,700 confirmed cases of COVID-19 with 19,447 deaths reported to the World Health Organization – meaning Australia has only contributed to 0.28% of the world's—
That senators be discharged from and appointed to committees as follows:
Aboriginal and Torres Strait Islander Voice Referendum — Joint Select Committee —
Appointed [contingent on the appointment of the committee]—Senators Cox, Green, Stewart and White
Cost of Living — Select Committee
Discharged—Senator Sheldon
Appointed—
Senator Stewart
Participating member: Senator Sheldon
Environment and Communications Legislation Committee
Discharged—Senator Bilyk
Appointed—
Senator Sheldon
Participating member: Senator Bilyk
Legal and Constitutional Affairs Legislation Committee —
Appointed—
Substitute member: Senator Faruqi to replace Senator Shoebridge for the committee's inquiry into the Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023
Participating member: Senator Shoebridge
That the Senate take note of the document.
That the Senate—
(a) notes the joint statement from 23 groups representing the Iranian-Australian community, welcoming the report by the Foreign Affairs, Defence and Trade References Committee into the 'Human rights implications of recent violence in Iran';
(b) further notes the support expressed in the joint statement for the committee's
recommendations;
(c) also notes that the joint statement identifies four recommendations that the signatories believe require 'top priority' for implementation by the Government:
(i) categorising the Islamic Revolutionary Guard Corps as an organisation involved in supporting and facilitating terrorism,
(ii) minimising relations with the Islamic Republic of Iran to the greatest extent possible,
(iii) increasing transparency and better informing the Australian public about the status of our diplomatic relations with the IRI regime and the security concerns in relation to the regime's behaviour, and
(iv) the expulsion of any Iranian officials considered to be involved in intimidation, threats or monitoring of Australians; and
(d) urges the Australian Government to swiftly respond to the recommendations of the report and the requests from the Iranian-Australian community for further action.
That—
(a) the Senate, at its rising, adjourn till Tuesday, 9 May 2023, at midday, or such other time as may be fixed by the President or, in the event of the President being unavailable, by the Deputy President, and that the time of meeting so determined shall be notified to each senator; and
(b) leave of absence be granted to every member of the Senate from the end of the sitting today to the day on which the Senate next meets.
From birth until life closes
Hearts starve as well as bodies
Give us bread, but give us roses