The SPEAKER ( Hon. Tony Smith ) took the chair at 09:30, made an acknowledgement of country and read prayers.
Report relating to the consideration of committee and delegation business and of private Members' business
1. The committee met in private session on Tuesday, 27 November 2018.
2. The Committee deliberated on items of committee and delegation business that had been notified, private Members' business items listed on the Notice Paper and notices lodged on Tuesday, 27 November 2018, and determined the order of precedence and times on Monday, 3 December 2018, as follows:
Items for House of Representatives Chamber (10.10 am to 12 noon)
PRIVATE MEMBERS' BUSINESS
Notices
1 Mr Danby: To present a Bill for an Act to enable Australia to impose sanctions to promote compliance with international human rights law and respect for human rights or to deter significant corruption, and for related purposes. (International Human Rights and Corruption (Magnitsky Sanctions) Bill 2018)
( Notice given 25 October 2018.)
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
2 Ms Sharkie: To present a Bill for an Act to restrict the long haul export of live sheep, and for related purposes. (Live Sheep Long Haul Export Prohibition Bill 2018)
( Notice given 26 November 2018.)
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
3 Ms Sharkie: To present a Bill for an Act to include the Great Australian Bight in the Commonwealth Heritage List, and for related purposes. (Environment Protection and Biodiversity Conservation Amendment (Heritage Listing for the Bight) Bill 2018)
( Notice given 26 November 2018.)
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
4 Mr Shorten: To present a Bill for an Act to amend the Sex Discrimination Act 1984 to remove discrimination against students.(Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018)
( Notice given 27 November 2018.)
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
5 Ms McGowan: To present a Bill for an Act to enhance the integrity of the Parliament of Australia, and for related purposes. (National Integrity (Parliamentary Standards) Bill 2018)
( Notice given 27 November 2018.)
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
6 Mr Bandt: To present a Bill for an Act to prohibit Commonwealth support for coal-fired power stations, and for related purposes. (Coal-Fired Power Funding Prohibition Bill 2018)
( Notice given 27 November 2018.)
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
7 Mr Wilkie: To present a Bill for an Act to amend the Migration Act 1958 , and for related purposes.(Live Animal Export Prohibition (Ending Cruelty) Bill 2018)
( Notice given 27 November 2018.)
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
8 Dr Phelps: To present a Bill for an Act to enable Australia to impose sanctions to promote compliance with international human rights law and respect for human rights or to deter significant corruption, and for related purposes. (Migration Amendment (Urgent Medical Treatment) Bill 2018)
( Notice given 27 November 2018.)
Presenter may speak to the second reading for a period not exceeding 10 minutes—pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
9 Mr Ted O'Brien: To move:
That this House:
(1) recognises that:
(a) many Queensland families are struggling with cost of living pressures and many small businesses are being crippled by the cost doing business;
(b) the primary responsibility for lowering power prices for Queensland families and small businesses lies with the Queensland Government; and
(c) the Queensland Government is ripping off everyday Queenslanders through a sophisticated scam that funnels billions of dollars into government coffers;
(2) calls on the Queensland Government to:
(a) immediately pass on recent reductions in wholesale prices to customers in full;
(b) end the network 'gold plating', write down regulated assets and accept a lower return so that Queenslanders can be charged less;
(c) provide adequate subsidies to Queensland families and businesses in recognition of the interest they have been paying on unnecessary debt carried by state-owned electricity businesses;
(d) increase competition in the Queensland electricity market by splitting the two state owned generators into three viable businesses with 'fair dinkum' electricity generation; and
(e) be honest with Queenslanders by informing them of the real cost of increasing the supply of unreliable electricity to meet Labor's 50 per cent Renewable Energy Target; and
(3) acknowledges that if the Queensland Government was prepared to take serious action, electricity prices could be lowered immediately for millions of hard working Queensland families and hundreds of thousands of small businesses.
( Notice given 27 November 2018. )
Time allotted—remaining private Members' business time prior to 12 noon
Speech time limits—
Mr Ted O'Brien—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Items for Federation Chamber (11 am to 1.30 pm)
PRIVATE MEMBERS' BUSINESS
Notices
1 Ms Claydon: To move:
That this House:
(1) acknowledges that:
(a) 90 per cent of the brain develops before the age of five;
(b) nearly one in four Australian children—22 per cent—start school without the foundational skills to be successful learners; and
(c) those children who are missing out on early education are children from disadvantaged backgrounds and are the ones who would benefit most from a preschool program;
(2) agrees that:
(a) according to the Lifting our Game report prepared by early education experts for state and territory education ministers, two years of preschool is a key recommendation to achieving educational excellence in Australia; and
(b) age appropriate early learning programs have been proven to have a positive impact on children's outcomes through school;
(3) notes that:
(a) the Government has left parents and providers in limbo with its refusal to provide funding certainty;
(b) without ongoing funding to four year old preschool/kindy, providers are unable to plan ahead;
(c) since Labor introduced Universal Access to Early Childhood Education in 2008, preschool enrolment for four year olds has increased from 77 per cent to 93 per cent; and
(d) the Government's lack of commitment has left us falling behind other OECD countries in early education; and
(4) calls on the Government to properly fund four year old preschool/kindy and follow Labor's commitment to provide ongoing funding to four year olds and extend this to three year olds.
( Notice given 27 November 2018. )
Time allotted—40 minutes.
Speech time limits—
Ms Claydon—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
2 Mr Leeser: To move:
That this House:
(1) notes with great sadness the passing of the former President of the NSW Jewish Board of Deputies (JBD), Jeremy Spinak;
(2) acknowledges with gratitude the work of organisations such as the NSW JBD; and
(3) recognises the outstanding contribution the Jewish community has made to Australia.
( Notice given 27 November 2018. )
Time allotted—30 minutes.
Speech time limits—
Mr Leeser—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
3 Ms McGowan: To move:
That this House:
(1) notes that:
(a) 7 February 2019 will be the 10th anniversary of the bushfires that devastated parts of Victoria;
(b) the fires were the most devastating in Australian history, killing 173 people, burning more than 450,000 hectares of land and destroying more than 2,000 houses;
(c) in the 10 years since those devastating fires and the horrific weather conditions that preceded them, communities in the electoral division of Indi have worked hard to rebuild homes, businesses, communities and lives;
(d) in the immediate aftermath of the fires, these communities were inundated with generous offers of help, including the commitment of governments at all levels to work with those affected to rebuild;
(e) as a result, much has been done to rebuild communities, to provide support to help heal the devastating emotional loss and progress the recovery of those many thousands of people affected by these fires;
(f) while much has been achieved, it is time to finish the task of rebuilding core infrastructure and restore the sense of place and vibrancy within communities that were destroyed almost 10 years ago; and
(g) the 10 year anniversary of the 2009 fires presents an opportunity to bring together bipartisan support from all levels of government to announce and complete this rebuild; and
(2) calls on the Government to:
(a) pay tribute to the strength, courage and resilience of those who survived the fires on 7 February 2009;
(b) continue to provide support to individuals and communities who lost so much;
(c) honour those who lost their lives in these fires;
(d) acknowledge the wonderful work of the frontline emergency services personnel and volunteers, the community agencies, governments at all levels and individuals involved in assisting local communities to rebuild in the past 10 years; and
(e) honour a commitment to work with those communities devastated by the 2009 bushfires to complete the task of rebuilding core infrastructure and restore their heart and soul.
( Notice given 27 November 2018. )
Time allotted—30 minutes.
Speech time limits—
Ms McGowan—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
4 Mr Wallace: To move:
That this House notes:
(1) that the Prime Minister and the Minister for Veterans' Affairs launched the Prime Minister's Veterans Employment Commitment (VEC) on 2 November 2018;
(2) that the VEC is a way for businesses to pledge their support for veterans' employment and provides veterans with a way to easily identify those businesses that recognise the skills, experiences and capabilities they bring to civilian workplaces;
(3) that hiring veterans is good for business and encourages all Australian businesses to sign the VEC and hire a veteran;
(4) that the second annual Prime Minister's Veterans' Employment Awards will be held in March 2019;
(5) the awards recognise:
(a) businesses of all types and sizes that employ and support veterans and spouses of current serving Australian Defence Force (ADF) members; and
(b) the significant achievements being made by veterans in the workplace along with those who have built on their ADF experience to start up or take on a successful business; and
(6) the ongoing efforts of the Government to improve the support and services available to the men and women transitioning out of the ADF.
( Notice given 27 November 2018. )
Time allotted—30 minutes.
Speech time limits—
Mr Wallace—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
5 Mr Hogan: To move:
That this House:
(1) notes that:
(a) the disparity of petrol prices between regional and rural areas compared to city prices is not explainable and must be investigated; and
(b) allegations of misuse of market power, unconscionable conduct and the use of unfair contract terms by the large supermarket chains Woolworths, Coles and Aldi, must be investigated; and
(2) calls on the Government to:
(a) request the Governor-General to establish a Royal Commission into the supermarket and petrol retailing sectors; and
(b) draft terms of reference that will investigate all facets of the major operators of the supermarkets and petrol retailing industries, including but not limited to, business practices, conduct and culture with regard to:
(i) misuse of market power;
(ii) unfair contract terms;
(iii) unconscionable conduct; and
(iv) pricing collusion.
( Notice given 26 November 2018.)
Time allotted—remaining private Members' business time prior to 1.30 pm
Speech time limits—
Mr Hogan—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 4 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Items for Federation Chamber (4.45 pm to 7.30 pm)
PRIVATE MEMBERS' BUSINESS
Orders of the day
1 UNIVERSITIES FUNDING: Resumption of debate (from 13 August 2018) on the motion of Ms T. M. Butler—That this House:
(1) notes that:
(a) the Government's short-sighted $2.2 billion in cuts to universities are equivalent to more than 9,500 Australians missing out on a university place in 2018, and again in 2019;
(b) across the country this month, students will be attending university, with orientation periods beginning, and that these students are faced with more uncertainty about how the cuts will affect their student experience; and
(c) the Government's short-sighted cuts will hurt regional and outer metropolitan universities and their students the most; and
(2) calls on the Government to reverse its short-sighted, unfair cuts to universities, which are closing the door of opportunity to thousands of Australians.
Time allotted—30 minutes.
Speech time limits—
All Members—5 minutes. each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Notices—continued
6 Mr Gee: To move:
That this House:
(1) recognises the commitment of the Government in support of our farming communities through all forms of hardship, including drought;
(2) notes the continued resilience of our farmers in drought affected areas, and acknowledges the challenges they are continuing to face;
(3) welcomes the record level of funding committed by the Government to provide immediate and ongoing support to our Australian farmers, their families and their communities; and
(4) commends the significant investment by the Government in announcing the $3.9 billion Future Drought Fund, which will grow to $5 billion by 2029, to provide a new and sustainable source of funding to enable farming communities to better prepare for, manage through and recover from drought into the future.
(Notice given 27 November 2018.)
Time allotted—35 minutes.
Speech time limits—
Mr Gee—10 minutes.
Next Member speaking—5 minutes.
Other Members—5 minutes each.
[Minimum number of proposed Members speaking = 1 x 10 mins + 5 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Orders of the day—continued
2 HOME CARE PACKAGES: Resumption of debate (from 20 August 2018) on the motion of Mr Hart—That this House:
(1) notes that:
(a) there are almost 300 older Australians who have waited more than two years for their approved home care package, without any care;
(b) a further 636 older Australians have waited more than a year for care and they currently have no care at all and there are thousands more getting less care than they need;
(c) the latest waiting list for home care packages indicates that more than 100,000 older Australians are waiting for the package they have been approved for; and
(d) the latest figures show that the waiting list grew by more than 20,000 between 1 July and December 2017 and it is likely to continue growing without funding for the release of more packages;
(2) recognises the Government's response in its budget of 14,000 home care packages is woefully inadequate;
(3) condemns the Government for the aged care crisis it has made on its watch; and
(4) calls on the Government to immediately invest in fixing the home care package waiting list and properly address this growing crisis.
Time allotted—40 minutes.
Speech time limits—
All Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Notices—continued
7 Mr T. R. Wilson: To move:
That this House:
(1) recognises that 9 December 2018 marks the 70th anniversary of the adoption by the United Nations General Assembly of The Convention on the Prevention and Punishment of the Crime of Genocide;
(2) acknowledges the important role played by Australia, in particular Australia's then President of the United Nations General Assembly, Dr Herbert Vere 'Doc' Evatt, in the successful adoption of the United Nations Genocide Convention;
(3) further acknowledges Australia's leadership as being one of the first countries to ratify the United Nations Genocide Convention in 1949, and its continued commitment to the eradication of the crime through its inclusion of the United Nations definition of Genocide in the Criminal Code Act 1995 ;
(4) honours the primary initiator and author of the United Nations Genocide Convention, Dr Raphael Lemkin, a lawyer of Polish-Jewish descent, who coined the word 'genocide', informed by his study of the systematic extermination of the Armenians during World War I and the Jews during World War II; and
(5) acknowledges the need for eternal vigilance of all countries, including Australia, to act to acknowledge past genocides as essential to stopping future genocides.
( Notice given 27 November 2018. )
Time allotted—40 minutes.
Speech time limits—
Mr T. R. Wilson—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Orders of the day—continued
3 Fair Work Amendment (Restoring Penalty Rates) Bill 2018 ( Mr Shorten ): Second reading—Resumption of debate (from 15 October 2018 ).
Time allotted—remaining private Members' business time prior to 7.30 pm
Speech time limits—
All Members—5 minutes. each.
[Minimum number of proposed Members speaking = 4 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Timor Sea Maritime Boundaries Treaty Consequential Amendments Bill 2018
That this bill be now read a second time.
Passenger Movement Charge Amendment (Timor Sea Maritime Boundaries Treaty) Bill 2018
That this bill be now read a second time.
Foreign Influence Transparency Scheme Legislation Amendment Bill 2018
That this bill be now read a second time.
Australian Citizenship Amendment (Strengthening the Citizenship Loss Provisions) Bill 2018
That this bill be now read a second time.
Future Drought Fund Bill 2018
That this bill be now read a second time.
Future Drought Fund (Consequential Amendments) Bill 2018
That this bill be now read a second time.
That in accordance with section 10B of the Health Insurance Act 1973 , the House approve the Health Insurance (Extended Medicare Safety Net) Amendment Determination 2019 made on 17 October and presented to the House on 26 November.
Social Services Legislation Amendment (Housing Affordability) Bill 2017
I don't think anyone wants to be living or sleeping on a concrete floor. It's hard getting housing in Canberra. Because there are many public servants and university students there is a lot of competition. All of the small houses are taken up by students. None of it is affordable to someone like me that only gets $500 a fortnight on Newstart.
If I could speak to a politician I'd say "wake up, you probably have never experienced problems with housing but a lot of us have and it's just getting worse. Something needs to get started".
A tragedy of commons has led me to where I am now. No secure, affordable, appropriate place to call home, now or in the foreseeable future. Housing as far as I'm concerned is a basic human right. As a person with a disability I am unable to obtain full-time employment. Part-time employment is possible, however this requires willingness on the part of employers to employ me. Therefore I rely on part-pensions to financially survive. In combination with an inequitable financial settlement in my mid 40s I am now relegated to one of the growing number of OWLS (Older Women Lost in Housing).
The housing situation here is at crisis point. I couldn't afford private rent, and real estate agents are unwilling to rent to someone on a pension. High rents and short-term tenancies prohibit my access to private rentals.
The lack of public housing is an impediment to my right to secure, affordable, appropriate housing. So I have rented rooms and moved from a friend's place to where I am now. At one point I had nowhere to go. It was overwhelming and embarrassing for me. I didn't have the financial ability to pay private rent in combination with the lack of places available. I had applied for affordable housing but didn't earn enough to be eligible.
I was shocked to realise that I was actually homeless. I was almost dazed thinking, how did I get to this point?
I now rent a room at an acquaintance's rented house. The house is not suitable for the nature of my disability. It is a tenuous and precarious living arrangement.
I don't think of the future—without secure housing, that is a luxury. The uncertainty of my housing situation is overwhelming, so I don't think about it.
I have established OWLs as an advocacy effort to raise awareness of the extent and the issues that contribute to older women being lost in housing. My story is not unique—
I have spoken to many women who are in a similar circumstance regarding housing.
These women are hidden and underrepresented. It is my hope that government, community, businesses and organisations collaborate in finding housing options that are secure, affordable and appropriate for OWLs.
Home is the key to a safe place. From where we can as individuals continue to build and strengthen Australian communities with our skills, experience, knowledge and connections.
(1) Clause 2, page 2 (table items 2 to 7), omit the table items, substitute:
(2) Schedule 1, item 8, page 4 (lines 15 to 22), omit:
A social housing lessor may request the Secretary to make a deduction:
(a) to satisfy an ongoing or outstanding obligation of the social housing tenant for rent, household utilities or both; or
(b) to compensate for loss of, or damage to, property, arising as a result of the tenant's occupancy of premises let by the lessor.
substitute:
A social housing lessor may request the Secretary to make a deduction to satisfy an ongoing or outstanding obligation of the social housing tenant for rent, household utilities or both.
(3) Schedule 1, item 8, page 4 (line 28) to page 5 (line 1), omit ", or loss of or damage to property arising as a result of occupancy of premises,".
(4) Schedule 1, item 8, page 5 (line 24) to page 6 (line 7), omit subsection 124QC(1), substitute:
(1) For the purposes of this Part, an authority of a State or Territory is a social housing lessor if:
(a) the authority provides social housing in the State or Territory; and
(b) the authority has a written agreement with the Human Services Department relating to the authority's ability to request deductions under this Part; and
(c) a Minister of the relevant State or Territory has provided a letter or document to the Commonwealth Minister setting out the social housing policies of the State or Territory;
unless a determination made under subsection (2) applies in relation to the authority.
(1A) For the purposes of this Part, a body is a social housing lessor if:
(a) the body provides social housing in a State or Territory; and
(b) the body:
(i) is approved to provide social housing by the State or Territory and the approval has been notified, in writing, to the Secretary; or
(ii) is registered as a community housing provider under a law of the State or Territory, and the registration has been notified, in writing, to the Secretary; and
(c) the body has a written agreement with the Human Services Department relating to the body's ability to request deductions under this Part; and
(d) a Minister of the relevant State or Territory has provided a letter or document to the Commonwealth Minister setting out the social housing policies of the State or Territory;
unless a determination made under subsection (2) applies in relation to the body.
(5) Schedule 1, item 8, page 6 (after line 11), at the end of section 124QC, add:
(4) The Commonwealth Minister may publish a letter or document provided by a Minister of a State or Territory setting out the social housing policies of the State or Territory on the Department's website.
(5) In this section:
Commonwealth Minister means the Minister responsible for administering this Part.
(6) Schedule 1, item 8, page 6 (line 24) to page 7 (line 17), omit subsection 124QF(1), substitute:
(1) A social housing lessor may request the Secretary to make a deduction from a divertible welfare payment payable to a social housing tenant if both of the following apply:
(a) the tenant has an ongoing or outstanding obligation to pay an amount for rent, household utilities, or both, in relation to the tenant's occupancy of premises let by the lessor;
(b) the tenant's agreement with the lessor for occupancy of the premises, or another agreement with the lessor, authorises the lessor to make requests under this Part for deductions from divertible welfare payments payable to the tenant.
(7) Schedule 1, item 8, page 7 (line 19), omit ", or the order was made,".
(8) Schedule 1, item 8, page 7 (lines 30 and 31), omit subparagraphs 124QF(3)(a)(iii) and (iv).
(9) Schedule 1, item 8, page 8 (line 25), at the end of paragraph 124QG(2)(b), add "; or".
(10) Schedule 1, item 8, page 8 (after line 25), at the end of subsection 124QG(2), add:
(c) if:
(i) the social housing tenant is subject to the income management regime (within the meaning of Part 3B); and
(ii) all or part of the divertible welfare payment is a category E welfare payment, category H welfare payment, category I welfare payment, category P welfare payment, category Q welfare payment, category R welfare payment or category S welfare payment (all within the meaning of that Part); and
(iii) the deductible portion under Division 5 of that Part is nil; or
(d) if:
(i) the social housing tenant is a trial participant or voluntary participant (within the meaning of Part 3D); and
(ii) all or part of the divertible welfare payment is a restrictable payment (within the meaning of that Part); and
(iii) the tenant's percentage of the payment that is the restricted portion under paragraph 124PJ(1)(a) or subsection 124PJ(2) is 0%.
(11) Schedule 1, item 8, page 9 (lines 6 to 11), omit subsection 124QG(5), substitute:
(5) If a divertible welfare payment payable to a social housing tenant is suspended under this Act but such payments subsequently resume, the Secretary:
(a) may deduct any amounts that would otherwise have been deducted under this Part during the period of suspension from payments paid to the tenant after the suspension ends; and
(b) must make any deduction from more than one payment paid to the tenant after the suspension ends.
(12) Schedule 1, item 8, page 9 (line 18), omit "either", substitute "any".
(13) Schedule 1, item 8, page 9 (line 23), at the end of paragraph 124QH(2)(b), add ";".
(14) Schedule 1, item 8, page 9 (after line 23), at the end of subsection 124QH(2), add:
(c) the amount worked out under subsection (3) or (4).
(15) Schedule 1, item 8, page 9 (after line 23), at the end of section 124QH, add:
Income management regime
(3) If:
(a) the social housing tenant is subject to the income management regime (within the meaning of Part 3B); and
(b) all or part of the divertible welfare payment is a category E welfare payment, category H welfare payment, category I welfare payment, category P welfare payment, category Q welfare payment, category R welfare payment or category S welfare payment (all within the meaning of that Part);
the amount is the amount that would be the deductible portion, under Division 5 of that Part, of the divertible welfare payment or part (as the case requires) if no deduction was made under section 124QG from the divertible welfare payment or part (as the case requires).
Cashless welfare arrangements
(4) If:
(a) the social housing tenant is a trial participant or voluntary participant (within the meaning of Part 3D); and
(b) all or part of the divertible welfare payment is a restrictable payment (within the meaning of that Part);
the amount is the amount equal to the tenant's percentage under paragraph 124PJ(1)(a) or subsection 124PJ(2) of the divertible welfare payment or part (as the case requires).
(16) Schedule 2, item 5, page 18 (lines 8 to 15), omit:
A social housing lessor may request the Secretary to make a deduction:
(a) to satisfy an ongoing or outstanding obligation of the social housing tenant for rent, household utilities or both; or
(b) to compensate for loss of, or damage to, property, arising as a result of the tenant's occupancy of premises let by the lessor.
substitute:
A social housing lessor may request the Secretary to make a deduction to satisfy an ongoing or outstanding obligation of the social housing tenant for rent, household utilities or both.
(17) Schedule 2, item 5, page 18 (lines 21 and 22), omit ", or loss of or damage to property arising as a result of occupancy of premises,".
(18) Schedule 2, item 5, page 19 (lines 3 to 28), omit subsection 67D(1), substitute:
(1) A social housing lessor may request the Secretary to make a deduction from family tax benefit (other than family tax benefit advance), whether an instalment or other payment, payable to a social housing tenant if both of the following apply:
(a) the tenant has an ongoing or outstanding obligation to pay an amount for rent, household utilities, or both, in relation to the tenant's occupancy of premises let by the lessor;
(b) the tenant's agreement with the lessor for occupancy of the premises, or another agreement with the lessor, authorises the lessor to make requests under this Part for deductions from family tax benefit payable to the tenant.
(19) Schedule 2, item 5, page 19 (line 30), omit ", or the order was made,".
(20) Schedule 2, item 5, page 20 (lines 8 and 9), omit subparagraphs 67D(3)(a)(iii) and (iv).
(21) Schedule 2, item 5, page 21 (line 5), at the end of paragraph 67E(2)(b), add "; or".
(22) Schedule 2, item 5, page 21 (after line 5), at the end of subsection 67E(2), add:
(c) if:
(i) the social housing tenant is subject to the income management regime (within the meaning of Part 3B of the Social Security (Administration) Act 1999 ); and
(ii) the deductible portion under Division 5 of that Part is nil; or
(d) if:
(i) the social housing tenant is a trial participant or voluntary participant (within the meaning of Part 3D of the Social Security (Administration) Act 1999 ); and
(ii) the tenant's percentage of the restricted portion under paragraph 124PJ(1)(a) or subsection 124PJ(2) of that Act is 0%.
(23) Schedule 2, item 5, page 21 (line 21), omit "either", substitute "any".
(24) Schedule 2, item 5, page 21 (line 26), at the end of subsection 67F(2), add ";".
(25) Schedule 2, item 5, page 21 (after line 26), at the end of subsection 67F(2), add:
(c) the amount worked out under subsection (3) or (4).
(26) Schedule 2, item 5, page 21 (after line 26), at the end of section 67F, add:
Income management regime
(3) If the social housing tenant is subject to the income management regime (within the meaning of Part 3B of the Social Security (Administration) Act 1999 ), then the amount is the amount that would be the deductible portion, under Division 5 of that Part, of the family tax benefit if no deduction was made under section 67E of this Act from the family tax benefit.
Cashless welfare arrangements
(4) If the social housing tenant is a trial participant or voluntary participant (within the meaning of Part 3D of the Social Security (Administration) Act 1999 ), then the amount is the amount equal to the tenant's percentage under paragraph 124PJ(1)(a) or subsection 124PJ(2) of that Actof the family tax benefit.
(27) Schedule 3, page 27 (after line 4), before item 1, insert:
1A Section 3
Before "The", insert "(1)".
1B At the end of section 3
Add:
(2) The object of this Act is to be achieved in ways that include:
(a) protecting tenants of rental dwellings covered by allocations; and
(b) protecting investors; and
(c) providing rights to investors; and
(d) recognising the contributions, in cash or in kind, made by States and Territories to participants in the Scheme.
(28) Schedule 3, page 27 (after line 4), after proposed item 1B, insert:
1C After section 3
Insert:
3A Severability
Additional and severable operation of Act and tax law provisions
(1) Without limiting the effect of this Act or the tax law provisions apart from this section, this Act and the tax law provisions also have effect as provided by this section.
(2) To avoid doubt, none of the following subsections of this section limit the operation of any other subsection of this section.
External affairs
(3) This Act and the tax law provisions have the effect they would have if their operation were expressly confined to give effect to Australia's rights and obligations under paragraph 1 of Article 2 and Article 11 of the International Covenant on Economic, Social and Cultural Rights done at New York on 16 December 1966, as in force for Australia from time to time.
Note: The International Covenant on Economic, Social and Cultural Rights is in Australian Treaty Series 1976 No. 5 ([1976] ATS 5) and could in 2018 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Corporations
(4) This Act and the tax law provisions have the effect they would have if their operation were expressly confined to the following:
(a) the regulation of activities, functions, relationships or business of an investor or approved participant that is a constitutional corporation;
(b) the creation of rights or privileges belonging to an investor or approved participant that is a constitutional corporation;
(c) the imposition of obligations on an investor or approved participant that is a constitutional corporation;
(d) in respect of the matters mentioned in paragraphs (a) to (c), the regulation of the conduct of persons or entities through which the constitutional corporation acts;
(e) the regulation of persons or entities whose conduct affects or is capable of affecting the activities, functions, relationships or business of an investor or an approved participant that is a constitutional corporation.
Taxation
(5) This Act and the tax law provisions have the effect they would have if their operation were expressly confined to determining the tax liability of a person.
Territories
(6) This Act and the tax law provisions have the effect they would have if their operation were expressly confined to apply in relation to the following:
(a) a rental dwelling that is located in a Territory;
(b) an approved participant or investor who is a resident of a Territory;
(c) an approved participant or investor that is:
(i) a body corporate that is incorporated in a Territory; or
(ii) a body corporate that is taken to be registered in a Territory under section 119A of the Corporations Act 2001 ; or
(iii) a trust, if the proper law of the trust and the law of the trust's administration are the law of a Territory; or
(iv) an entity, the core or routine activities of which are carried out in or in connection with a Territory.
(29) Schedule 3, page 27 (after line 4), after proposed item 1C, insert:
1D Section 4 (definition of allocation )
Omit "an approved rental", substitute "a rental".
1E Section 4
Insert:
constitutional corporation means a corporation to which paragraph 51(xx) of the Constitution applies.
investor , in relation to a rental dwelling covered by an allocation, means a person:
(a) who is the legal or beneficial owner of the rental dwelling; and
(b) who is not an approved participant in relation to the rental dwelling.
tax law provisions means the following provisions of theIncome Tax Assessment Act 1997 :
(a) item 23 of the table in section 67‑23;
(b) Division 380.
(30) Schedule 3, page 27 (after line 4), after proposed item 1E, insert:
1F Paragraph 5(a)
Repeal the paragraph, substitute:
(a) the obligations of participants that have been approved by the Secretary ( approved participants );
(31) Schedule 3, page 27 (after line 4), after proposed item 1F, insert:
1G After paragraph 6(c)
Insert:
(ca) the adjustment, in certain circumstances, of the amount of an incentive that:
(i) is to be provided to an approved participant; or
(ii) has previously been provided to an approved participant;
1H Paragraph 6(d)
After "dwelling", insert "covered by an allocation".
1J Before paragraph 6(d)
Insert:
(cb) the passing on of contributions made by States and Territories, or their monetary equivalent, by approved participants in certain circumstances;
1K At the end of section 6
Add:
; (e) the protection of tenants of rental dwellings covered by allocations;
(f) the protection of investors;
(g) the rights of investors.
(32) Schedule 3, page 27 (after line 4), after proposed item 1K, insert:
1L Before subsection 7(2)
Insert:
Conditions imposed by Secretary under the Scheme
(33) Schedule 3, item 3, page 27 (lines 16 to 24), omit the item, substitute:
3 At the end of section 7
Add:
(4) Regulations made for the purposes of subparagraph (2)(b)(i) may provide for the Secretary to make a legislative instrument prescribing matters relating to the income of a tenant or tenants.
Condition disapplied by Secretary under the Scheme
(5) The National Rental Affordability Scheme may provide that, in certain circumstances, the Secretary may decide that the condition mentioned in subparagraph (2)(b)(ii) does not apply if the Secretary is satisfied that the Secretary's decision will not result in an increase in rental costs for low and moderate income households.
Conditions varied or imposed directly by Scheme
(6) Without limiting paragraph 8(a), the National Rental Affordability Scheme may:
(a) vary a condition of an allocation (other than a condition mentioned in paragraph (2)(a) or subparagraph (2)(b)(ii)) or impose a condition of an allocation; and
(b) set out the circumstances (if any) in which the condition is varied or imposed.
The condition is varied or imposed accordingly by force of this subsection.
(7) Subsection (6) has effect despite anything in this Act or the National Rental Affordability Scheme.
(34) Schedule 3, item 4, page 27 (lines 25 to 28), omit the item, substitute:
4 After paragraph 8(b)
Insert:
(ba) the transfer of all allocations made to an approved participant to another approved participant or other approved participants in certain circumstances;
(bb) the transfer of an allocation to another rental dwelling in certain circumstances;
(35) Schedule 3, page 27 (after line 28), after item 4, insert:
4A After section 10
Insert:
10A Acceptance of undertakings
(1) The Secretary may accept a written undertaking given by an approved participant in relation to the National Rental Affordability Scheme.
(2) The undertaking must be expressed to be an undertaking under this section.
(3) The approved participant may withdraw or vary the undertaking at any time, but only with the written consent of the Secretary.
(4) The consent of the Secretary is not a legislative instrument.
(5) The Secretary may, by written notice given to the approved participant, cancel the undertaking.
10B Enforcement of undertakings
(1) The Secretary may apply to the Federal Court of Australia for an order under subsection (2) if:
(a) an approved participant has given an undertaking under section 10A; and
(b) the undertaking has not been withdrawn or cancelled; and
(c) the Secretary considers that the approved participant has breached the undertaking.
(2) If the Federal Court of Australia is satisfied that the approved participant has breached the undertaking, the Court may make any or all of the following orders:
(a) an order directing the approved participant to comply with the undertaking;
(b) an order directing the approved participant to pay to the Commonwealth an amount up to the amount of any financial benefit that the approved participant has obtained directly or indirectly and that is reasonably attributable to the breach;
(c) any order that the Court considers appropriate directing the approved participant to compensate any other person who has suffered loss or damage as a result of the breach;
(d) any other order that the Court considers appropriate.
(36) Schedule 3, page 27 (after line 28), after proposed item 4A, insert:
4B Subsection 11(1)
Repeal the subsection, substitute:
(1) The Secretary may, by written instrument, delegate the Secretary's power to approve a rental dwelling for the purposes of the National Rental Affordability Scheme to an SES employee in the Department.
(37) Schedule 3, item 5, page 28 (lines 1 to 4), omit the item, substitute:
5 Application
(1) Paragraph 5(a) of the National Rental Affordability Scheme Act 2008 , as substituted by item 1F of this Schedule, applies to an obligation that arose before, or arises on or after, the day this item commences.
(2) Paragraph 6(ca) of the National Rental Affordability Scheme Act 2008 , as inserted by item 1G of this Schedule, applies to an incentive provided before, on or after the day this item commences.
(3) Paragraph 6(cb) of the National Rental Affordability Scheme Act 2008 , as inserted by item 1J of this Schedule, applies to a contribution made by a State or Territory before, on or after the day this item commences.
(4) Paragraphs 6(f) and (g) of the National Rental Affordability Scheme Act 2008 , as inserted by item 1K of this Schedule, apply in relation to an investor, whether the person becomes an investor before, on or after the day this item commences.
(5) Subsections 7(4), (5), (6) and (7) of the National Rental Affordability Scheme Act 2008 , as inserted by item 3 of this Schedule, apply in relation to an allocation that exists on the day this item commences.
(6) Paragraphs 8(ba) and (bb) of the National Rental Affordability Scheme Act 2008 , as inserted by item 4 of this Schedule, apply in relation to an allocation that exists on the day this item commences.
(38) Schedule 3, page 28 (after line 10), at the end of the Schedule, add:
7 Transitional—variation of condition relating to charges of rent
(1) This item applies in relation to an allocation that exists on the day this item commences.
(2) Despite paragraph 7(6)(a) of the National Rental Affordability Scheme Act 2008 , the National Rental Affordability Scheme may vary the condition of the allocation mentioned in subparagraph 7(2)(b)(ii) of that Act for the purposes of the amendment made by item 1 of this Schedule. The condition is varied accordingly by force of this item.
8 Transitional—delegation
An instrument made under subsection 11(1) of the National Rental Affordability Scheme Act 2008 that is in force immediately before the day this item commences, continues in force (and may be dealt with) as if it had been made under subsection 11(1) of that Act as amended by this Act.
(1) Schedule 1, items 2 and 3, page 3 (lines 6 to 11), omit the items.
(2) Schedule 1, page 3 (after line 14), after item 4, insert:
4A Paragraphs 123XI(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the instalment of category I welfare payment—an amount equal to so much of the deductible portion of the instalment as remains after a deduction is made from that portion of the instalment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the instalment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4B Paragraphs 123XJ(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the category I welfare payment—an amount equal to so much of the deductible portion of the payment as remains after a deduction is made from that portion of the payment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the payment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4C Paragraphs 123XJA(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the instalment of category I welfare payment—an amount equal to so much of the deductible portion of the instalment as remains after a deduction is made from that portion of the instalment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the instalment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4D Paragraphs 123XJB(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the category I welfare payment—an amount equal to so much of the deductible portion of the payment as remains after a deduction is made from that portion of the payment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the payment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4E Paragraphs 123XJC(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the instalment of category I welfare payment—an amount equal to so much of the deductible portion of the instalment as remains after a deduction is made from that portion of the instalment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the instalment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4F Paragraphs 123XJD(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the category I welfare payment—an amount equal to so much of the deductible portion of the payment as remains after a deduction is made from that portion of the payment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the payment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4G Paragraphs 123XK(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the instalment of category I welfare payment—an amount equal to so much of the deductible portion of the instalment as remains after a deduction is made from that portion of the instalment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the instalment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4H Paragraphs 123XL(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the category I welfare payment—an amount equal to so much of the deductible portion of the payment as remains after a deduction is made from that portion of the payment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the payment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4J Paragraphs 123XM(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the instalment of category Q welfare payment—an amount equal to so much of the deductible portion of the instalment as remains after a deduction is made from that portion of the instalment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the instalment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4K Paragraphs 123XN(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the category Q welfare payment—an amount equal to so much of the deductible portion of the payment as remains after a deduction is made from that portion of the payment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the payment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4L Paragraphs 123XO(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the instalment of category S welfare payment—an amount equal to so much of the deductible portion of the instalment as remains after a deduction is made from that portion of the instalment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the instalment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4M Paragraphs 123XP(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the category S welfare payment—an amount equal to so much of the deductible portion of the payment as remains after a deduction is made from that portion of the payment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the payment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4N Paragraphs 123XPAA(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the instalment of category I welfare payment—an amount equal to so much of the deductible portion of the instalment as remains after a deduction is made from that portion of the instalment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the instalment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4P Paragraphs 123XPAB(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the category I welfare payment—an amount equal to so much of the deductible portion of the payment as remains after a deduction is made from that portion of the payment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the payment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4Q Paragraphs 123XPA(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the instalment of category I welfare payment—an amount equal to so much of the deductible portion of the instalment as remains after a deduction is made from that portion of the instalment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the instalment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4R Paragraphs 123XPB(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the category I welfare payment—an amount equal to so much of the deductible portion of the payment as remains after a deduction is made from that portion of the payment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the payment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4S Paragraphs 123XPC(3 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the economic security strategy payment—an amount equal to so much of the deductible portion of the payment as remains after a deduction is made from that portion of the payment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the payment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4T Paragraphs 123XPD(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the household stimulus payment—an amount equal to so much of the deductible portion of the payment as remains after a deduction is made from that portion of the payment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the payment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4U Paragraphs 123XPG(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the relocation scholarship payment—an amount equal to so much of the deductible portion of the payment as remains after a deduction is made from that portion of the payment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the payment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4V Paragraphs 123XPJ(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the payment—an amount equal to so much of the deductible portion of the payment as remains after a deduction is made from that portion of the payment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the payment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
4W Paragraphs 123XPK(2 )( b) and (c)
Repeal the paragraphs, substitute:
(b) if Part 3E of this Act or Part 3A of the Family Assistance Administration Act (both dealing with automatic deductions of rent or other household payments) applies in relation to the person and the payment—an amount equal to so much of the deductible portion of the payment as remains after a deduction is made from that portion of the payment under:
(i) section 124QG of this Act; or
(ii) section 67E of the Family Assistance Administration Act;
is credited to:
(iii) the Income Management Record; and
(iv) the person's income management account;
(c) if paragraph (b) does not apply—an amount equal to the deductible portion of the payment is credited to:
(i) the Income Management Record; and
(ii) the person's income management account.
That this bill be now read a third time.
That Ms Banks be discharged from the Standing Committee on Social Policy and Legal Affairs and the Standing Committee on Economics.
Social Services Legislation Amendment (Encouraging Self-sufficiency for Newly Arrived Migrants) Bill 2018
The House divided. [11:39]
(The Deputy Speaker—Hon. Kevin Andrews)
(1) Clause 1, page 1 (lines 6 to 8), omit " Social Services Legislation Amendment (Encouraging Self ‑sufficiency for Newly Arrived Migrants) Act 2018 ", substitute "Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) Act 2018 ".
(2) Clause 2, page 1 (line 9) to page 2 (line 9), omit the clause, substitute:
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
(3) Schedule 1, items 1 and 2, page 3 (lines 5 to 8), omit the items.
(4) Schedule 1, item 3, page 3 (line 10), omit "156", substitute "208".
(5) Schedule 1, item 4, page 3 (line 12), omit "156", substitute "208".
(6) Schedule 1, item 5, page 3 (line 14), omit "156", substitute "208".
(7) Schedule 1, item 6, page 3 (line 16), omit "156", substitute "208".
(8) Schedule 1, item 7, page 3 (line 18), omit "156", substitute "208".
(9) Schedule 1, item 8, page 3 (line 20), omit "156", substitute "208".
(10) Schedule 1, item 9, page 3 (line 22), omit "156", substitute "208".
(11) Schedule 1, item 10, page 3 (line 24), omit "156", substitute "208".
(12) Schedule 1, item 11, page 4 (line 2), omit "156", substitute "208".
(13) Schedule 1, item 12, page 4 (line 4), omit "156", substitute "208".
(14) Schedule 1, item 13, page 4 (line 6), omit "156", substitute "208".
(15) Schedule 1, item 14, page 4 (line 8), omit "156", substitute "208".
(16) Schedule 1, item 15, page 4 (line 10), omit "156", substitute "208".
(17) Schedule 1, item 16, page 4 (line 12), omit "156", substitute "208".
(18) Schedule 1, item 17, page 4 (line 14), omit "156", substitute "208".
(19) Schedule 1, item 18, page 4 (line 16), omit "156", substitute "208".
(20) Schedule 1, item 19, page 4 (line 18), omit "156", substitute "208".
(21) Schedule 1, item 20, page 4 (line 20), omit "156", substitute "208".
(22) Schedule 1, item 21, page 4 (line 22), omit "201AA, 201AB,".
(23) Schedule 1, item 21, page 5 (lines 12 to 18), omit subitem (5), substitute:
(5) The amendments of sections 1061ZH, 1061ZI, 1061ZQ and 1061ZR of the Social Security Act 1991 made by this Part apply in relation to a person who becomes the holder of a permanent visa on or after the commencement of this item.
(24) Schedule 1, item 21, page 5 (after line 20), at the end of the item, add:
(7) The amendments made by this Part do not apply in relation to a person who, on or after the commencement of this item, becomes the holder of:
(a) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or
(b) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or
(c) a visa of a kind determined in an instrument under subitem (8).
(8) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (7)(c).
(25) Schedule 1, item 23, page 6 (lines 10 and 11), omit paragraph (ba) of the definition of newly arrived resident ' s waiting period in subsection 23(1).
(26) Schedule 1, item 25, page 6 (lines 24 and 25), omit paragraph (aba) of the definition of waiting period in subsection 23(1).
(27) Schedule 1, item 28, page 7 (line 12), omit "156", substitute "208".
(28) Schedule 1, item 28, page 8 (line 12), omit "156", substitute "208".
(29) Schedule 1, item 29, page 8 (line 13) to page 9 (line 20), omit the item.
(30) Schedule 1, item 30, page 9 (line 27), omit "156", substitute "208".
(31) Schedule 1, item 30, page 11 (line 3), omit "156", substitute "208".
(32) Schedule 1, item 31, page 11 (line 11), omit "156", substitute "52".
(33) Schedule 1, item 31, page 12 (line 23), omit "156", substitute "52".
(34) Schedule 1, item 32, page 12 (line 25), omit "408CGA, 408CGB,".
(35) Schedule 1, item 32, page 12 (after line 30), at the end of the item, add:
(3) Those sections do not apply in relation to a person who, on or after the commencement of this item, becomes the holder of:
(a) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or
(b) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or
(c) a visa of a kind determined in an instrument under subitem (4).
(4) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (3)(c).
(36) Schedule 1, Part 3, page 13 (lines 1 to 22), omit the Part.
(37) Schedule 2, item 1, page 14 (line 6), omit "156", substitute "208".
(38) Schedule 2, item 2, page 14 (line 8), omit "156", substitute "208".
(39) Schedule 2, item 3, page 14 (after line 14), at the end of the item, add:
(3) Those amendments do not apply in relation to a person who, on or after the commencement of this item, becomes the holder of:
(a) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or
(b) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or
(c) a visa of a kind determined in an instrument under subitem (4).
(4) The Minister may, by legislative instrument, determine a kind of visa for the purposes of paragraph (3)(c).
(40) Schedule 3, item 2, page 15 (line 8), omit "At the end of Subdivision A of Division1 of Part3", substitute "After section61".
(41) Schedule 3, item 2, page 15 (line 9), omit "Add", substitute "Insert".
(42) Schedule 3, item 2, page 15 (line 10), omit "30No eligibility for family tax benefit—newly", substitute "61AAPart A rate of family tax benefit is nil for a day in newly".
(43) Schedule 3, item 2, page 15 (lines 12 and 13), omit subsection 30(1), substitute:
(1) Despite Parts 2 to 3A of Schedule 1, an individual's Part A rate of family tax benefit in respect of a day is nil if the day occurs in a newly arrived resident's waiting period for the individual.
(44) Schedule 3, item 2, page 15 (line 21), omit paragraph 30(2)(b), substitute:
(b) becomes the holder of a permanent visa, except:
(i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or
(ii) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or
(iii) a visa of a kind determined in an instrument under subsection (2A).
(45) Schedule 3, item 2, page 15 (after line 21), after subsection 30(2), insert:
(2A) The Minister may, by legislative instrument, determine a kind of visa for the purposes of subparagraph (2)(b)(iii).
(2B) Paragraph (2)(b) does not apply in relation to an individual if, at any time before the commencement of this subsection, the individual held a visa covered by paragraph (2)(a).
(46) Schedule 3, item 2, page 15 (line 26), omit "referred to in", substitute "covered by".
(47) Schedule 3, item 2, page 16 (line 5), omit "156", substitute "52".
(48) Schedule 3, item 2, page 16 (line 16), omit "156", substitute "52".
(49) Schedule 3, item 2, page 16 (line 25), omit "156", substitute "52".
(50) Schedule 3, item 2, page 16 (line 27) to page 17 (line 23), omit subsections 30(6) to (8), substitute:
Exemptions
(6) Subsection (1) does not apply to an individual in respect of a day in the newly arrived resident's waiting period for the individual if on that day the individual holds, or is the former holder of, a visa in a class of visas determined by the Minister for the purposes of subsection 739A(6) of the Social Security Act 1991 .
(7) Subsection (1) does not apply to an individual in respect of a day in the newly arrived resident's waiting period for the individual if on that day:
(a) the individual is receiving a social security pension or a social security benefit; or
(b) the individual is receiving farm household allowance under the Farm Household Support Act 2014 ; or
(c) parental leave pay, or dad and partner pay, under the Paid Parental Leave Act 2010 is payable to the individual.
(8) Subsection (1) does not apply to an individual in respect of a day (the assessment day ) in the newly arrived resident's waiting period for the individual if:
(a) on the assessment day the individual is a refugee or a former refugee; or
(b) the following apply:
(i) the individual was a family member of another individual at the time the other individual became a refugee before the assessment day;
(ii) the individual is a family member of that other individual on the assessment day or, if that other individual has died, the individual was a family member of that other individual immediately before that other individual died; or
(c) the individual is an Australian citizen on the assessment day; or
(d) the individual is residing in Australia on the assessment day and has held a special category visa on any day before the assessment day.
(51) Schedule 3, items 3 and 4, page 17 (line 31) to page 18 (line 6), omit the items.
(52) Schedule 3, item 5, page 18 (lines 8 to 12), omit the item.
(53) Schedule 3, item 7, page 18 (lines 16 to 24), omit the item, substitute:
7 Application provision
The amendment of section 1061ZQ of the Social Security Act 1991 made by this Schedule applies in relation to working out whether a person is qualified for a health care card on a day on or after the commencement of this item.
(54) Schedule 4, page 19 (after line 7), after item 1, insert:
1A At the end of paragraph 15(3 )( a)
Add:
(iii) is, if the day the child was born is in a newly arrived resident's waiting period the primary claimant is subject to under section 31A, a person to whom subsection 31A(7) or (7A) applies on the day the child was born; and
(55) Schedule 4, item 3, page 19 (line 24), omit paragraph 31A(1)(b), substitute:
(b) becomes the holder of a permanent visa, except:
(i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or
(ii) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or
(iii) a visa of a kind determined in an instrument under subsection (1A).
(56) Schedule 4, item 3, page 19 (after line 24), after subsection 31A(1), insert:
(1A) The Minister may, by legislative instrument, determine a kind of visa for the purposes of subparagraph (1)(b)(iii).
(1B) Paragraph (1)(b) does not apply in relation to a person if, at any time before the commencement of this subsection, the person held a visa covered by paragraph (1)(a).
(57) Schedule 4, item 3, page 20 (line 1), omit "referred to in", substitute "covered by".
(58) Schedule 4, item 3, page 20 (line 9), omit "156", substitute "104".
(59) Schedule 4, item 3, page 20 (line 20), omit "156", substitute "104".
(60) Schedule 4, item 3, page 20 (line 29), omit "156", substitute "104".
(61) Schedule 4, item 3, page 20 (line 31) to page 21 (line 25), omit subsections 31A(5) to (7), substitute:
Exemptions
(5) Subsection (1) does not apply to a person if:
(a) on the day before the day (the relevant day ) that would be the start of the person's PPL period if a payability determination were made; and
(b) if the person is the primary claimant and the relevant day is at least 2 days after the day the child was born—on the day the child was born and on each later day (if any) before the day applicable under paragraph (a);
the person was receiving either of the following:
(c) a social security pension (within the meaning of the Social Security Act 1991 ) or a social security benefit (within the meaning of that Act);
(d) farm household allowance under the Farm Household Support Act 2014 .
(6) However, subsection (5) does not apply if paragraphs 15(1)(a), (b) and (c) apply in relation to the child. Instead, in this case, subsection (1) of this section does not apply to a person in the circumstances prescribed by the PPL rules.
(7) Subsection 31(6) does not apply to a person in respect of a day in the newly arrived resident's waiting period for the person if on that day the person holds, or is the former holder of, a visa in a class of visas determined by the Minister for the purposes of subsection 739A(6) of the Social Security Act 1991 .
(7A) Subsection 31(6) does not apply to a person in respect of a day (the assessment day ) in the newly arrived resident's waiting period for the person if:
(a) on the assessment day the person is a refugee or a former refugee; or
(b) the following apply:
(i) the person was a family member of another person at the time the other person became a refugee before the assessment day;
(ii) the person is a family member of that other person on the assessment day or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen on the assessment day; or
(d) the person is residing in Australia on the assessment day and has held a special category visa on any day before the assessment day.
(62) Schedule 4, item 3, page 21 (line 26), omit "subsection (7)", substitute "subsection (7A)".
(63) Schedule 4, item 5, page 22 (line 16), omit paragraph 115CBA(1)(b), substitute:
(b) becomes the holder of a permanent visa, except:
(i) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 117 (Orphan Relative) visa or as a Subclass 837 (Orphan Relative) visa; or
(ii) a visa referred to in the regulations under the Migration Act 1958 as a Subclass 115 (Remaining Relative) visa or as a Subclass 835 (Remaining Relative) visa; or
(iii) a visa of a kind determined in an instrument under subsection (1A).
(64) Schedule 4, item 5, page 22 (after line 16), after subsection 115CBA(1), insert:
(1A) The Minister may, by legislative instrument, determine a kind of visa for the purposes of subparagraph (1)(b)(iii).
(1B) Paragraph (1)(b) does not apply in relation to a person if, at any time before the commencement of this subsection, the person held a visa covered by paragraph (1)(a).
(65) Schedule 4, item 5, page 22 (line 21), omit "referred to in", substitute "covered by".
(66) Schedule 4, item 5, page 22 (line 29), omit "156", substitute "104".
(67) Schedule 4, item 5, page 23 (line 8), omit "156", substitute "104".
(68) Schedule 4, item 5, page 23 (line 17), omit "156", substitute "104".
(69) Schedule 4, item 5, page 23 (line 19) to page 24 (line 13), omit subsections 115CBA(5) to (7), substitute:
Exemptions
(5) Subsection (1) does not apply to a person if, on the day before the day that would be the start of the person's DAPP period if a payability determination were made:
(a) the person is receiving a social security pension (within the meaning of the Social Security Act 1991 ) or a social security benefit (within the meaning of that Act); or
(b) the person is receiving farm household allowance under the Farm Household Support Act 2014 .
(6) Subsection 115CB(9) does not apply to a person in respect of a day in the newly arrived resident's waiting period for the person if on that day the person holds, or is the former holder of, a visa in a class of visas determined by the Minister for the purposes of subsection 739A(6) of the Social Security Act 1991 .
(7) Subsection 115CB(9) does not apply to a person in respect of a day (the assessment day ) in the newly arrived resident's waiting period for the person if:
(a) on the assessment day the person is a refugee or a former refugee; or
(b) the following apply:
(i) the person was a family member of another person at the time the other person became a refugee before the assessment day;
(ii) the person is a family member of that other person on the assessment day or, if that other person has died, the person was a family member of that other person immediately before that other person died; or
(c) the person is an Australian citizen on the assessment day; or
(d) the person is residing in Australia on the assessment day and has held a special category visa on any day before the assessment day.
(70) Page 24 (after line 30), at the end of the Bill, add:
Schedule 5—Other amendments
Part 1—Higher income free area and indexation
A New Tax System (Family Assistance) Act 1999
1 Clause 2 of Schedule 1 (cell at table item 1, column 1)
Repeal the cell, substitute:
2 Subclause 3(7) of Schedule 4
Repeal the subclause, substitute:
Indexation rules for certain income limits for certain years
(7) The FTB basic HIFA (A) is not to be indexed on 1 July 2019 and 1 July 2020.
(7A) For the purposes of working out the indexed amount for the FTB basic HIFA (A) on 1 July 2021, the current figure for the FTB basic HIFA (A) immediately before that day is taken to be $98,988.
(7B) The FTB income limit (B) is not to be indexed on 1 July 2019 and 1 July 2020.
3 Application provision
The amendment made by item 1 applies in relation to working out the Part A rate of family tax benefit for days on or after the commencement of this item.
Paid Parental Leave Act 2010
4 Section 30
Omit "30 June 2020", substitute "30 June 2021".
5 Paragraph 41(a)
Omit "1 July 2020", substitute "1 July 2021".
6 Subsection 42(1)
Omit "1 July 2020", substitute "1 July 2021".
7 Section 115CA
Omit "30 June 2020", substitute "30 June 2021".
Part 2—Taper rate for Part A rate of family tax benefit (Method 2)
A New Tax System (Family Assistance) Act 1999
8 Clause 25 of Schedule 1
Omit "and 25C", substitute ", 25C and 25D".
9 Clause 25 of Schedule 1 (at the end of step 3 of the method statement)
Add:
Note: Clause 25D modifies the application of this step.
10 At the end of Division 1 of Part 3 of Schedule 1
Add:
25D Working out the Method 2 income and maintenance tested rate
In applying step 3 of the method statement in clause 25, step 2 of the method statement in clause 3 is taken to be replaced with the following:
Step 2. Subtract the individual's income free area (worked out under clause 38N) from the individual's higher income free area (worked out under clause 2).
Step 2A. Work out 20% of the amount at step 2.
Step 2B. Subtract the individual's higher income free area (worked out under clause 2) from the individual's adjusted taxable income.
Step 2C. Work out 30% of the amount at step 2B.
Step 2D. The individual's reduction for adjusted taxable income is the sum of the amounts at steps 2A and 2C. Take that reduction away from the individual's maximum rate: the result is the individual'sincome tested rate .
11 Application provision
The amendments made by this Part apply in relation to working out the Part A rate of family tax benefit for days on or after the commencement of this item.
That this bill be now read a third time.
Higher Education Support Amendment (VET FEE-HELP Student Protection) Bill 2018
That all words after "That" be omitted with a view to substituting the following words:
"whilst not declining to give the bill a second reading, the House notes that:
(1) the Government has slashed:
(a) more than $3 billion of funding for vocational education and skills; and
(b) in the last Budget, a further $270 million over the forward estimates in funding for apprenticeships; and
(2) there are now 140,000 fewer apprentices and trainees than when the Coalition Government took office".
… many complainants first discover they have a student loan or discover that the loan amount is larger than they expected, when they submit their tax return.
I wanted to have a say in my country plus see how it is run. I also wanted to show Australia that girls and young people want to have their say.
I would like to change the acronym STEM to STEAM because you also need artistic flair to solve problems, think outside the box and build marvels of the world.
It is important to me that everyone is represented equally, no matter who they are.
It will cover all the other sectors of the economy apart from electricity.
That the extension allowed under standing orders of time be given for this answer.
… if you believe in lower power prices, if you want to see Australian households $550 a year better off, if you want to see the wholesale price down by 20 per cent, if you want to be side by side with the big employers across the country, you get behind the National Energy Guarantee …
Vital lifesaving medicines are being shelved by the Federal Government—just to keep the Budget in surplus.
The Government's energy policy paralysis.
If you're not for the National Energy Guarantee, then you're for continued uncertainty which leads to higher prices.
The government needs to consider energy policy through the prism of securing bipartisan agreement with Labor, to establish a long-term, stable regulatory framework that will support private-sector investment in generating capacity.
High prices are not a market failure. They are proof of the market working well.
The Australian Government will commence work on a world-leading greenhouse gas emissions trading scheme with careful analysis on a long-term goal for emissions reduction…
Road Vehicle Standards Bill 2018
Road Vehicle Standards (Consequential and Transitional Provisions) Bill 2018
Road Vehicle Standards Charges (Imposition—General) Bill 2018
Road Vehicle Standards Charges (Imposition—Customs) Bill 2018
Road Vehicle Standards Charges (Imposition—Excise) Bill 2018
Aboriginal and Torres Strait Islander Amendment (Indigenous Land Corporation) Bill 2018
Aboriginal and Torres Strait Islander Land and Sea Future Fund Bill 2018
Aboriginal and Torres Strait Islander Land and Sea Future Fund (Consequential Amendments) Bill 2018
Copyright Amendment (Online Infringement) Bill 2018
Higher Education Support Amendment (VET FEE-HELP Student Protection) Bill 2018
That this bill be now read a third time.
Aboriginal Land Rights (Northern Territory) Amendment Bill 2018
Migration Amendment (Family Violence and Other Measures) Bill 2016
That the amendments be agreed to.
Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Bill 2018
That all words after "That" be omitted with a view to substituting the following words:
"whilst not declining to give the bill a second reading, the House notes the continued failure of the Government to address corporate misconduct".
We consider that imprisonment should not be removed as a possible sanction for strict and absolute liability offences where it is currently in place, as this would send a confusing regulatory message.
… Parliament clearly intended that various corporate strict liability offences were of such importance as to warrant a potential custodial sentence.
This same legislative intention is evident in numerous other Commonwealth statutes that also contain strict liability offences punishable by terms of imprisonment.
Each financial services entity is responsible for its own conduct. It, and it alone, is responsible for every act that is identified in this report as conduct that might constitute misconduct or is conduct that falls short of community standards and expectations. The criticisms that are made of the ways that regulators have responded to this conduct must not be understood as diminishing in any way the culpability of the entities that engaged in the relevant conduct.
Important deterrents to misconduct are, therefore, missing from the banking industry. Competitive pressures are slight.
The banks have gone to the edge of what is permitted, and too often beyond that limit, in pursuit of profit. And they have gone beyond the limit:
The Bankwest story is very much an intentional one. We have quite deliberately got out of low credit quality lending in this space and on an annualised basis in fact our reduction in the target, low credit quality space is well over 20%.
(1) Schedule 1, item 117, page 54 (lines 17 to 24), omit paragraph 1317G(4) (c), substitute:
(c) 10% of the annual turnover of the body corporate for the 12 month period ending at the end of the month in which the body corporate contravened, or began to contravene, the civil penalty provision.
[removing cap on civil penalties]
(2) Schedule 2, item 8, page 97 (lines 19 to 26), omit paragraph 12GBCA(2) (c), substitute:
(c) 10% of the annual turnover of the body corporate for the 12 month period ending at the end of the month in which the body corporate contravened, or began to contravene, the civil penalty provision.
[removing cap on civil penalties]
(3) Schedule 3, item 7, page 128 (lines 22 to 29), omit paragraph 167B(2) (c), substitute:
(c) 10% of the annual turnover of the body corporate for the 12 month period ending at the end of the month in which the body corporate contravened, or began to contravene, the civil penalty provision.
[removing cap on civil penalties]
(4) Schedule 4, item 4, page 166 (lines 19 to 26), omit paragraph 75D(2) (c), substitute:
(c) 10% of the annual turnover of the body corporate for the 12 month period ending at the end of the month in which the body corporate contravened, or began to contravene, the civil penalty provision.
[removing cap on civil penalties]
The House divided. [19:19]
(The Speaker—Hon. Tony Smith)
(1) Schedule 1, item 140, page 63 (table item dealing with subsection 184(1), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(2) Schedule 1, item 140, page 63 (table item dealing with subsection 184(2), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(3) Schedule 1, item 140, page 63 (table item dealing with subsection 184(3), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(4) Schedule 1, item 140, page 68 (table item dealing with subsection 344(2), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(5) Schedule 1, item 140, page 70 (table item dealing with subsection 601FD(4), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(6) Schedule 1, item 140, page 70 (table item dealing with subsection 601FE(4), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(7) Schedule 1, item 140, page 72 (table item dealing with subsection 601UAA(1), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(8) Schedule 1, item 140, page 72 (table item dealing with subsection 601UAB(1), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(9) Schedule 1, item 140, page 74 (table item dealing with subsection 727(1), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(10) Schedule 1, item 140, page 74 (table item dealing with subsection 728(3), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(11) Schedule 1, item 140, page 80 (table item dealing with subsection 952D(1), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(12) Schedule 1, item 140, page 80 (table item dealing with subsection 952D(2), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(13) Schedule 1, item 140, page 80 (table item dealing with subsection 952F(2), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(14) Schedule 1, item 140, page 80 (table item dealing with subsection 952F(3), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(15) Schedule 1, item 140, page 80 (table item dealing with subsection 952F(4), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(16) Schedule 1, item 140, page 80 (table item dealing with subsection 952L(1), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(17) Schedule 1, item 140, page 82 (table item dealing with subsection 993B(3), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(18) Schedule 1, item 140, page 83 (table item dealing with subsection 1021D(1), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
(19) Schedule 1, item 140, page 83 (table item dealing with subsection 1021D(2), column headed "Penalty"), omit "10", substitute "15".
[increasing term of imprisonment to 15 years]
The House divided. [19:31]
(The Speaker—Hon. Tony Smith)
The DEPUTY SPEAKER (Mr Hogan) took the chair at 10:02.
Bonita Mabo was a woman of great strength. She was gentle, stoic and loving. I will always remember her as the mother of native title. Her legacy lives on in our continuing fight for land and sea rights.
That all Australian Parliaments
1. officially acknowledge the responsibility of their predecessors for the laws, policies and practices of forcible removal …
1. stability and permanency for children in out-of-home care with local adoption as a viable option.
All Australian children deserve to feel safe and loved and to have a strong sense of identity and belonging.
The time has now come for the nation to turn a new page in Australia's history by righting the wrongs of the past and so moving forward with confidence to the future.
That all Australian Parliaments
… officially acknowledge the responsibility of their predecessors for the laws, policies and practices of forcible removal …
The adoptive parents may have pulled out, reneged on stated or implied promises, often claiming that, as the child grew old enough to grasp the deep ambiguity of the arrangement, ongoing contact became confusing. Sometimes birthparents draw back. Sometimes adoptive parents appear to get jealous. In most states, the law offers no protection for what is usually a non-binding, voluntary agreement.
In spite of this, Indigenous children continue to be removed from their families at a disproportionate rate and continue to be placed into non-Indigenous environments including group homes and foster families.
Forced integration is a breach of—
rights and the Committee has recommended that States with significant indigenous populations adopt enforceable legislation to protect their rights.