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 and the consideration of bills introduced 9 November 2020
1. The committee met in private session on Tuesday, 10 November 2020.
2. The Committee deliberated on private Members' business items listed on the Notice Paper and notices lodged on Tuesday, 10 November 2020, and determined the order of precedence and times on Monday, 30 November 2020, as follows:
Items for House of Representatives Chamber (10.10 am to 12 noon)
PRIVATE MEMBERS' BUSINESS
Notices
1 Mr Wilkie: To present a Bill for an Act to amend the National Consumer Credit Protection Act 2009 , and for related purposes. (National Consumer Credit Protection Amendment (Small Amount Credit Contract and Consumer Lease Reforms) Bill 2020 )
( Notice given 10 November 2020. )
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 Mr Hill: To present a Bill for an Act to amend the Migration Act 1958 , and for related purposes. (Migration Amendment (Common Sense Partner Visa) Bill 2020 )
( Notice given 10 November 2020. )
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 Mr T. R. Wilson: To move:
That this House:
(1) notes that:
(a) Tuesday 1 December 2020 is World AIDS Day, an annual day to acknowledge those we have lost to AIDS related conditions and those who are living with HIV;
(b) the theme for World AIDS Day 2020 is 'Now More Than Ever';
(c) stigma associated with HIV acts as a barrier to treatment and prevention;
(d) action is needed to address rising HIV transmission among First Nations, trans and gender diverse people, and other emerging high-risk population groups;
(e) gay and bisexual men continue to bear the burden of Australia's HIV epidemic and ongoing health education and awareness among this population group is needed; and
(f) further bipartisan political action and leadership is required to meet our national target of ending HIV transmission in Australia; and
(2) recognises and acknowledges the:
(a) journey that people have made through their diagnosis, treatment and experiences of living with HIV;
(b) tremendous efforts of peer educators, healthcare professionals, researchers and scientists in developing treatment and prevention regimes that have improved the lives of people living with HIV and prevented a generalised epidemic in Australia;
(c) success of a bipartisan approach in Australia's health response; and
(d) tireless community advocates, civil society organisations and support groups that actively tackle stigma associated with HIV.
( Notice given 10 November 2020. )
Time allotted—45 minutes.
Speech time limits—
Mr T. R. Wilson—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 9 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
4 Mr Shorten: To move:
That this House:
(1) acknowledges that during the earliest onset of the coronavirus pandemic, many Australian families found themselves unexpectedly in need of government support; and
(2) pays its deepest gratitude and thanks to all the women and men of Services Australia for their efforts in supporting their fellow Australians during this time of crisis.
( Notice given 1 3 May 2020. )
Time allotted—35 minutes.
Speech time limits—
Mr Shorten—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 7 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
Orders of the day
1 Family Law Amendment (A Step Towards a Safer Family Law System) Bill 2020 ( Mr Perrett ): Second reading—Resumption of debate (from 26 October 2020 ).
Time allotted—remaining private Members' business time prior to 12 noon
Speech time limits—
All Members—5 minutes. each.
[Minimum number of proposed Members speaking = 2 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 Mr Hill: To move:
That this House:
(1) notes:
(a) the importance of the Auditor-General, who is responsible for auditing Commonwealth entities and reporting to the Parliament, providing crucial accountability and transparency regarding Government administration, and scrutiny of the expenditure of public monies;
(b) that as an independent officer of the Parliament with responsibilities under the Auditor-General Act 1997 , the Auditor-General reports not to a minister, but directly to the Parliament via the Joint Committee of Public Accounts and Audit;
(c) that unlike similar entities such as the Parliamentary Budget Office, the Australian National Audit Office (ANAO) sits within the Prime Minister and Cabinet portfolio, and the Prime Minister is responsible for administering the legislation and presenting budget bids for the ANAO, which is also subject to directions from the Minister for Finance as an entity under the Public Governance, Performance and Accountability Act 2013 ; and
(d) the potential conflicts inherent in these arrangements, given the Auditor-General exists to scrutinise the performance and actions of the executive;
(2) declares that independent scrutiny of Government spending to get maximum value for every taxpayer dollar is more important now than ever, given:
(a) the Government is racking up one trillion dollars in debt;
(b) Australia's budget deficit is now at a record high; and
(c) Government spending has blown out to the highest percentage of gross domestic product since 1970, the earliest year that records are available in the budget papers;
(3) further notes that:
(a) the ANAO's budget has been in structural deficit for years because of this Government's cuts, recording unsustainable operating losses of $3.1 million in 2018-19 and $4.8 million in 2019‑20;
(b) the Auditor-General wrote to the Prime Minister prior to the 2020-21 Budget requesting $6.3 million in new funding so he could continue to undertake his role, related to the accumulated budget pressures and COVID-19 cost pressures; and
(c) without new funding the Auditor-General is forced to reduce his program of performance audits which is projected to fall rapidly below the longstanding target of 48 performance audits per annum to around 38 per annum;
(4) condemns the Government for its ongoing efforts to hide rorts, waste and corruption from scrutiny and avoid accountability by:
(a) taking revenge on the Auditor-General and making further cuts to the ANAO's budget and staffing, with a $1.28 million cut to revenue, a reduction in resources of $14 million in 2020-21 and a reduction in the average staffing level allocation; and
(b) failing for years to introduce a National Integrity Commission; and
(5) calls on the Government to:
(a) immediately reverse its cuts to the ANAO's budget and provide the Auditor-General with the funds he has requested, by having the Minister for Finance provide an immediate advance, and making a commitment to boost funding over the forward estimates in the mid-year economic and fiscal outlook;
(b) apologise for the Prime Minister's failure to protect and support the independent Auditor‑General, as the Prime Minister has proven that he cannot be trusted to protect the integrity of the office;
(c) consider introducing legislation to remove the ANAO from the Prime Minister and Cabinet portfolio and establish the ANAO as a parliamentary department, cementing the Auditor‑General as a truly independent officer of the Parliament; and
(d) stop stalling and introduce legislation to establish a National Integrity Commission.
( Notice given 22 October 2020. )
Time allotted—30 minutes.
Speech time limits—
Mr Hill—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.
2 Mr Simmonds: To move:
That this House:
(1) notes:
(a) the developments worldwide on vaccines for COVID-19;
(b) that the Government has announced a $1.7 billion agreement for two of the most promising COVID-19 vaccines, namely the University of Oxford/AstraZeneca vaccine and the University of Queensland/CSL vaccine;
(2) acknowledges that under the agreement, the Commonwealth has secured 84.8 million doses which will be almost entirely manufactured in Australia; and
(3) recognises that the Government is contributing significantly to COVID-19 vaccine, treatment, research and development work in Australia and around the world with an investment of $362 million.
( Notice given 26 October 2020. )
Time allotted—40 minutes.
Speech time limits—
Mr Simmonds—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.
3 Mr Thistlethwaite: To move—
(1) notes:
(a) that 1 December 2020 is National Water Safety Day where we highlight the importance of staying safe and acting responsibly around water;
(b) that from 1 July 2019 to 30 June 2020 some 248 people lost their lives to drowning across Australia;
(c) that Royal Lifesaving estimates in its annual drowning report that an additional 504 people experienced a non-fatal drowning incident;
(d) the drowning report indicates the total number of drowning deaths over the past year decreased by 8 per cent on the previous year;
(e) people aged 25 to 34 years accounted for 17 per cent of the total number of drowning deaths, the most of any age group; and
(f) despite still being the leading location for drowning, deaths in rivers and creeks decreased by 32 per cent, compared with the 10-year average;
(2) acknowledges:
(a) drowning and accidents in the water can be avoided if people act responsibly and follow the basic water safety rules:
(i) always swim between the red and yellow flags at the beach and obey the instructions of lifesavers;
(ii) alcohol and swimming or boating don't mix;
(iii) don't swim at unpatrolled beaches;
(iv) don't swim alone; and
(v) never take your eye off children around water; and
(b) that too many avoidable drownings occur when rock fishing and rock fishers should:
(i) stay alert to the weather conditions;
(ii) learn how to swim;
(iii) choose the safest possible location;
(iv) wear the right gear;
(v) never fish alone; and
(vi) always wear a lifejacket; and
(3) encourages:
(a) all Australians to learn how to swim from a qualified instructor before they enter the water on their own; and
(b) people who use our waterways regularly to take the opportunity to learn rescue techniques and resuscitation from organisations like Surf Life Saving Australia by joining your local surf club.
( Notice given 9 November 2020. )
Time allotted—30 minutes.
Speech time limits—
Mr Thistlethwaite—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 Leeser: To move:
That this House:
(1) notes that:
(a) NAIDOC Week celebrations will be held across Australia from 8 to 15 November 2020 to celebrate the history, culture and achievements of Aboriginal and Torres Strait Islander peoples;
(b) NAIDOC Week is celebrated not only in Indigenous communities, but by Australians from all walks of life—the week is a great opportunity to participate in a range of activities and to support your local Aboriginal and Torres Strait Islander community; and
(c) the Government is supporting NAIDOC Week through a local grants round, with $1.4 million available to support local communities to host events and other activities during the week; and
(2) commends the work of the Indigenous organisations in postponing NAIDOC Week events and organising COVID-safe functions.
( Notice given 26 October 2020. )
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.
5 Mr Giles: To move:
That this House:
(1) notes that:
(a) it has been seven years since New Zealand offered hope to those refugees in Papua New Guinea and Nauru to resettle them in New Zealand; and
(b) more than 65,000 Australians have signed a petition organised by Amnesty International Australia with Craig Foster and Sonny Bill Williams urging the Government to accept the New Zealand Government's generous offer to resettle those refugees; and
(2) calls on the Government to accept the New Zealand offer to resettle refugees.
( Notice given 10 November 2020. )
Time allotted—remaining private Members' business time prior to 1.30 pm
Speech time limits—
Mr Giles—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
Notices—continued
6 Ms T. M. Butler: To move:
That this House:
(1) notes that:
(a) the koala is an iconic Australian species;
(b) the Queensland, New South Wales and Australian Capital Territory koala populations have been listed as vulnerable under national environment law;
(c) vast numbers of koalas were killed in last summer's national bushfire crisis, including an estimated third of the New South Wales population;
(d) in the wake of the fires the koala is being considered for up-listing (an increased threatened listing status);
(e) habitat loss is among the most significant threats to koalas;
(f) the Government is years overdue in making a Threatened Species Recovery Plan for the koala, which was initially due by 2015; and
(g) the National Koala Conservation Strategy ran until 2014 and has yet to be replaced by this Government; and
(2) therefore calls on the Government to prevent further habitat loss through yet-to-commence development in areas in which the koala is listed as vulnerable, pending the completion of the formal assessment for up listing, the making of a Threatened Species Recovery Plan, and the making of a new National Koala Conservation Strategy.
( Notice given 9 November 2020. )
Time allotted—35 minutes.
Speech time limits—
Ms T. M. Butler—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 7 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
7 Mr Young: To move:
That this House:
(1) notes:
(a) the enormous success the scouting and guiding movement has had around the world in promoting personal development programs for children and young adults from 5 to 25 years old; and
(b) that the world scouting movement was founded by Lord Baden-Powell in 1907;
(2) recognises that scouting is one of the most popular programs worldwide for personal development with over 500 million people going through the scouts and guides;
(3) further notes that in 2007 the scouting movement celebrated its 100th anniversary since its founding; and
(4) congratulates Scouts Australia, Girl Guides Australia and the World Organization of the Scout Movement for continuing to provide an outlet for children to channel their desire for adventure, education and fun, and for providing ongoing assistance around our communities.
( Notice given 21 October 2020. )
Time allotted—50 minutes.
Speech time limits—
Mr Young—5 minutes.
Other Members—5 minutes. each.
[Minimum number of proposed Members speaking = 10 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
8 Dr Haines: To move:
That this House:
(1) agrees that effective politics requires constructive debate and consensus building on policy challenges and roadblocks that, if left unresolved, undermine the national interest;
(2) commends the Menzies-Calwell club for facilitating consensus-driven, cross-parliamentary policy discussions that do not regress into ineffectual, politically polarised rhetoric;
(3) reaffirms that establishing a robust federal integrity commission during this parliament well before the next election is essential to arresting the declining public trust in institutions and restoring Australians' faith in the democratic system;
(4) notes that, according to the Beechworth Principles and the motion agreed to by the Senate on 9 November 2020, a federal integrity commission must have:
(a) broad jurisdiction to investigate corrupt conduct within the public sector;
(b) common rules for all public officials;
(c) strong investigative powers and procedural fairness safeguards;
(d) an ability to hold public hearings when in the public interest;
(e) direct avenues for public referrals and an ability to commence investigations independently based on those referrals;
(f) strong whistleblower protections;
(g) adequate and secure funding to be able to fulfil its purpose; and
(h) oversight by a multi-party parliamentary committee, including of the appointment of commissioners, and an independent parliamentary inspector to ensure accountability to the people; and
(5) encourages Members of Parliament to debate the Australian Federal Integrity Commission Bill 2020 and the Commonwealth Parliamentary Standards Bill 2020 as a robust consensus package that all parliamentarians can engage with, in good faith, as a non-aligned private member's bill that answers the strong call from the Australian public for a robust federal integrity commission.
( Notice given 10 November 2020. )
Time allotted—30 minutes.
Speech time limits—
Dr Haines—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.
9 Dr Webster: To move:
That this House:
(1) recognises that metropolitan and regional Victorians continue to face significant limitations to their freedoms due to COVID-19 restrictions;
(2) acknowledges that:
(a) the epidemiological data in Victoria is now at a point where many health experts consider it safe to reopen in a COVID-safe manner; and
(b) the initial lockdowns in response to the COVID-19 pandemic were intended to build capacity in the health system, and the Victorian health system has done this;
(3) commiserates with business owners that have been forced to shut their doors;
(4) notes that many businesses will not survive continued lockdowns;
(5) calls on the Victorian Government to give Victorians their freedom back;
(6) further recognises the undue pain and distress facing regional communities around the nation due to ongoing state border restrictions;
(7) further acknowledges that:
(a) border communities are unique in their interdependency; and
(b) regional and border communities are experiencing some of the most severe disruptions in the country, with impacts on healthcare, education, access to supplies, and the agriculture workforce;
(8) further notes that seven out of eight states, through the National Cabinet, have agreed to seek a sustainable model for border restrictions by December 2020;
(9) calls on state governments to open their borders to allow for the free movement of Australians; and
(10) acknowledges that the continued lockdowns and border restrictions will continue to cause significant mental health, wellbeing, and economic issues, particularly in Victoria, but also in other affected parts of the nation.
( Notice given 26 October 2020. )
Time allotted—40 minutes.
Speech time limits—
Dr Webster—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.
10 Mr Perrett: To move:
That this House:
(1) recognises that:
(a) prior to the passage of the Parliamentary Privileges Act 1987 the houses of the Australian Parliament had the power to expel a senator, or member of the House of Representatives;
(b) the expulsion of a member of this House is the most drastic of sanctions;
(c) on 11 November 1920, the Honourable Member for Kalgoorlie, Hugh Mahon, was expelled from this House; and
(d) that the Honourable Member for Kalgoorlie is the only member to have ever been expelled from this House;
(2) acknowledges that the Honourable Member for Kalgoorlie, Hugh Mahon, was expelled:
(a) by a motion brought on hastily and with limited time for debate;
(b) by a vote of the House on party lines; and
(c) without the due process and procedural fairness that such an important issue deserves; and
(3) further recognises that:
(a) it was unjust on the limited evidence for the institution to which Hugh Mahon had been democratically elected to reverse the decision of his constituents;
(b) the expulsion of the Honourable Member for Kalgoorlie, Hugh Mahon, was therefore a misuse of the power then invested in the House; and
(c) for a century the Mahon family has endured this injustice and it is time that the Parliament revisit the matter of the Honourable Member for Kalgoorlie, Hugh Mahon's, expulsion.
( Notice given 26 October 2020. )
Time allotted—remaining private Members' business time prior to 7.30 pm
Speech time limits—
Mr Perrett—5 minutes.
Next Member speaking—5 minutes.
[Minimum number of proposed Members speaking = 2 x 5 mins]
The Committee determined that consideration of this should continue on a future day.
3. The committee determined that the following referral of bills to a committee be made—
Standing Committee on the Environment and Energy:
THE HON A. D. H. SMITH MP
Speaker of the House of Representatives
11 November 2020
That:
(1) on Wednesday, 11 November 2020, the House suspend from 10am to 12.15 pm to enable Members to attend Remembrance Day services; and
(2) on the resumption of the sitting, any division called for between 12.15 pm and 2 pm shall be deferred until after the discussion of the matter of public importance, and then will proceed in accordance with standing order 133.
Economic Recovery Package (JobMaker Hiring Credit) Amendment Bill 2020
That the amendments be considered immediately.
That the amendments be disagreed to.
The House divided. [10:01]
(The Speaker—Hon. Tony Smith)
That the reasons be adopted.
Electoral Legislation Amendment (Miscellaneous Measures) Bill 2020
Export Control Amendment (Miscellaneous Measures) Bill 2020
That this bill be now read a second time.
Education Services for Overseas Students Amendment (Refunds of Charges and Other Measures) Bill 2020
That this bill be now read a second time.
Treasury Laws Amendment (2020 Measures No. 5) Bill 2020
That this bill be now read a second time.
Australia's Foreign Relations (State and Territory Arrangements) Bill 2020
Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020
Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020
That this bill be now read a third time.
Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment Bill 2019
Childhood Cancer is a topic no-one wants to talk about and something you don't really take into consideration until you, or someone you know, is affected by it. What people don't realise is that cancer is the largest killer of children in Australia. Every week, 3 children die from the disease.
Camp Quality helps thousands of children over the country, whether they're diagnosed with cancer themselves or someone close to them, such as a parent or a sibling. Coronavirus has been tough for the kids and tough for the families who benefit from Camp Quality. While the camps are slowly returning, these children need our support now more than ever.
… if you're a coal miner hearing the talk about winding back coal production—or you're a regional business whose trade is tied to the economic activity generated by mining—why would you trust that change won't be disproportionately shouldered by you.
That when the applause and pats on the back for championing this policy subside, you're the one wondering how you'll pay the mortgage or keep the doors of your business open?
… … …
I haven't looked recently at the stats detailing the path from coal miner to yoga instructor.
… … …
People affected by change don't trust they will be looked after by those championing change.
Until we deal with this, we'll be stuck in the same track we've been stuck in for a while.
We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved and were loved, and now we lie
In Flanders fields
The Government's failure to provide economic and employment security to workers during the worst recession since the Great Depression.
Australia's Foreign Relations (State and Territory Arrangements) Bill 2020
The House divided. [16:24]
(The Speaker—Hon. Tony Smith)
(1) Clause 4, page 6 (after line 12), after the definition of gives effect to , insert:
governing documents of a university: see subsection 8(4).
(2) Clause 8, page 10, omit subsection (2), substitute:
(2) For the purposes of subparagraph (1) (i) (ii), a university does not have institutional autonomy if, and only if, a foreign government (whether or not the government of the country, or part of the country, in which the university is located) is in a position to exercise substantial control over the university.
(3) For the purposes of subsection (2), a foreign government is in a position to exercise substantial control over a university if, and only if, one or more of the following paragraphs are satisfied:
(a) a majority of the members of the university's governing body are required, by a law or the university's governing documents, to be members or part of (however described) the political party that forms the foreign government;
(b) education provided or research conducted at the university is required, by a law or the university's governing documents, to adhere to, or be in service of, political principles or political doctrines of:
(i) the foreign government; or
(ii) the political party that forms the foreign government;
(c) the university's academic staff are required, by a law or the university's governing documents, to adhere to, or be in service of, political principles or political doctrines referred to in paragraph (b) in their teaching, research, discussions, publications or public commentary.
(4) The governing documents of a university are the constitution, rules or other official documents by which the university is constituted or according to which the university operates.
(1) Page 69 (after line 22), after clause 63, insert:
63A Review of operation of Act
(1) The Minister must cause a review of the operation of this Act to be commenced as soon as possible after the third anniversary of the commencement of Parts 2 and 3.
Note: The reference to this Act includes the rules (see the definition of this Act in section 4).
(2) The review must include:
(a) whether it is necessary or desirable to do anything to improve the operation of this Act; and
(b) the effectiveness of this Act in meeting the object of this Act; and
(c) whether this Act should be amended to implement review recommendations; and
(d) whether a further review of this Act should be undertaken, and if so, when.
(3) The persons undertaking the review must give the Minister a written report of the review.
(4) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
That this bill be now read a third time.
Social Services and Other Legislation Amendment (Coronavirus and Other Measures) Bill 2020
Biosecurity Amendment (Traveller Declarations and Other Measures) Bill 2020
That Mr Burns be discharged from the Joint Standing Committee on the Parliamentary Library and that, in his place, Mr D. P. B. Smith be appointed a member of the committee.
That the House take note of the report.
That the order of the day be referred to the Federation Chamber for debate.
Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment Bill 2019
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:
(1) notes that Australia has still not implemented all of the recommendations from the 2016 report on the statutory review of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and associated rules and regulations;
(2) further notes that other international jurisdictions are already moving ahead of Australia with stronger anti-money laundering and counter-terrorism financing protections; and
(3) calls on the Government to ensure Australia is not regarded a soft-touch for money launderers or terrorism financiers".
Proposed Section 37A allows for a reporting entity to enter into a written agreement with 'another person' but does not appear to stipulate that this person is either a reporting entity or otherwise subject to appropriate AML/CTF regulation and supervision. This stipulation exists only in the Explanatory Memorandum and we submit should ideally be reflected in the legislation—
Proposed Section 37A allows for two entities to enter into a CDD Arrangement that allows for a second entity to rely on the customer identification procedure undertaken by the first entity. Proposed Subsection 37A(2)(d) requires that the second entity obtain information from the first entity regarding the identity of the customer but does not impose any requirements or restrictions as to the currency of that information. If the intention is to impose such a restriction, such as a timeframe for how old that information can be, we submit that this should be reflected in the legislation.
Firstly, given that the proposed Rule will relate to opening an account, we request that the term "opening an account" be specifically defined in the AML/CTF Act to ensure consistency of approach across reporting entities. There is some ambiguity as to when an account is actually opened, such that a designated service is provided.
We note that the amended section 32 under the Bill does not materially change the current obligations to carry out an Applicable Customer Identification Procedure (ACIP) prior to the provision of a designated service. However, it is suggested that the term "opening an account" needs to be specifically defined in the AML/CTF Act to ensure consistency of approach by all reporting entities. Also, in this regard, the FSC notes that AUSTRAC intends to issue Rules under section 33 to stipulate special circumstances where a designated service can be provided prior to ACIP being completed. Similarly, it is suggested that such Rule changes need to be made carefully to ensure consistency of approach overall, including with Section 32.
In summary, we submit that the evidence presented to this inquiry demonstrates that the licensee is not a suitable person to continue to give effect to the licence and that Crown Resorts is not a suitable person to be a close associate of the licensee.
… 14 Recommendations remain non-compliant or partially compliant.
A cost/benefit analysis of extending AML/CTF regulation to certain non-financial business (lawyers, conveyancers, accountants, real estate agents, trust and company service providers and high-value dealers) is well progressed and will be completed by July this year.
However, 14 Recommendations remain non-compliant or partially compliant.
… Australia’s real estate sector, which is very attractive to foreign investors, is at significant risk for money laundering …
Take appropriate steps to address the risk that the proceeds of foreign bribery could be laundered through the Australian real-estate sector.
Casinos are broadly aware of and comply with their AML/CTF obligations regarding casino junkets.
It may have been ineptitude or a lack of attention, I don't think it was deliberately turning a blind eye …
… an attractive destination for foreign proceeds—
particularly corruption-related proceeds flowing into real estate …
That this bill be now read a third time.
Radiocommunications Legislation Amendment (Reform and Modernisation) Bill 2020
After considering the responses to the 2017 consultation process, as well as views received through subsequent additional stakeholder engagement, the Department undertook further work to identify a possible transition pathway to a single licensing system.
The transition to a single licensing system would involve the transitioning of over 167,000 apparatus licences (with over 60 licensing options) to the new system. The transition of spectrum licences would have, in effect, required two regimes to operate in parallel for an extended period, likely to be in the order of six years, with complex arrangements necessary to manage the transition from a spectrum licence to the single licensing system to protect the rights of licensees. Maintaining this two-regime approach for a number of years would have introduced inefficiencies during the transition period, requiring the resources of spectrum users and ACMA to be dedicated to supporting the transition, and maintenance of two sets of systems and processes for an extended period.
I think we would regard that as almost our business-as-usual approach in terms of ongoing responsibility for administration of the legislation and regular check-ins with stakeholders. There isn't a specific process mapped out for reform by another deadline at this stage.
There are conceptual and practical benefits in clarifying the overarching object of the Act and streamlining the aims that sit beneath it. It is also important that the aims reference both the commercial and non-commercial uses of spectrum.
As currently drafted, the use of spectrum by public broadcasters is not explicitly recognised as one of the vital non-commercial uses of spectrum; proposed new paragraph 3(b)(ii) currently references only "defence purposes, national security purposes and other noncommercial purposes (including public safety and community purposes)". In the ABC's view, the stated "other non-commercial" uses of spectrum in the legislation is not sufficiently broad.
The ABC submits that, to underline the importance of public broadcasting, the new Object section of the Act should explicitly include the term "national broadcasting purposes" as one of the non-commercial uses of spectrum … This is particularly important given that the Object section is a key interpretive provision of the Act and will be used as a reference point for future ACMA spectrum decisions, including application of the proposed new "public interest test" when considering the renewal of licences for periods of 10 years or more. In the alternative, at a minimum, the ABC submits that the term "public services" should be added to the stated noncommercial uses of spectrum.
In the absence of this type of amendment to the Object of the Act, there is potential for future spectrum decisions to place too little weight on public broadcasters' use of spectrum vis-a-vis commercial uses in instances where these uses may be in direct conflict.
The ACMA’s power to re-issue spectrum licences in the public interest and the Minister’s power to make class of services determinations should be reviewed so as not to compromise the regulator’s freedom to optimise the efficient configuration of a band or bands following licence expiry. For example, the ACMA could be empowered, with sufficient warning and following proper consultation, to offer a different licence, of equivalent or greater utility, if to do so would maximise the overall public benefit obtained from the band or bands in question.
The ability to defragment either at the end of a licence term or, if possible, through agreement in the middle of a licence term does improve the spectrum efficiency and therefore could potentially decrease the pressure on finding additional spectrum to be made available. So I think the answer is: potentially, yes, in the circumstances, it could help.
If there were a lesson to be learned from this whole process—and this is really important from our point of view—it is that, with such a dynamic environment , government needs to stay more attuned to the incremental changes that could be applied to the new act in the next licence period, for example. So there's been a lesson learned, I think: we all need to stay attuned to change and adapt. That's becoming more and more important, given not only the complexity of the spectrum environment but also its fundamental importance, as we've seen during COVID, to how we live our lives. We've got to get it to an optimal level at every step, and, if we need to do that through incremental change, so be it.
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:
(1) the economic value of electromagnetic spectrum in Australia has been estimated at $177 billion over 15 years;
(2) the rapid evolution of technology and markets is placing increasing demands on spectrum management;
(3) the cost and complexity of failing to strike the right balance between flexibility and certainty in spectrum management;
(4) the work of the Senate Standing Committee for the Scrutiny of Bills, the Senate Standing Committee on Environment and Communications and the Parliamentary Joint Committee on Human Rights on the proposed reforms; and
(5) that the proposed reforms do not address all of the recommendations of the 2015 Spectrum Review report and were introduced over three years after the Government’s own timetable for implementation".
The government is strengthening Australia's media industry, enhancing media diversity and securing local journalism jobs, particularly in regional areas.
The Department is of the view that broadcasters' difficulties in meeting content requirements can be taken to be an early warning sign of market failure.
The ACMA's power to re-issue spectrum licences in the public interest and the Minister's power to make class of services determinations should be reviewed …
The DEPUTY SPEAKER (Mr Vasta) took the chair at 11:49.
Appropriation Bill (No. 1) 2020-2021
In order to promote independent outcomes, assessors should be drawn from an approved pool of allied health professionals. Assessors should also be independent of the person being assessed to reduce the potential for 'sympathy' bias. This means that health professionals — GPs and others — with past treatment and support responsibilities for the person, would not undertake assessments.
Christian Porter's proposal would be the weakest watchdog in the country …
… … …
They're setting that bar so high for investigations that they wouldn't be able to investigate 'sports rorts' or the Western Sydney airport deal …
It's an attempt to protect ministers, politicians and senior public servants from investigations into serious corruption.
It's a crying shame the government will not give this body an effective way to control corruption in the public service and the Parliament …
The real reason for that is they are afraid of it and how it might affect them.
The draft legislation released today falls well short of what is required for an effective anti-corruption commission. The model proposed by the Government will fail to ensure corruption is stamped out at the Federal level. A toothless watchdog that fails to hold politicians to account risks further eroding confidence in our political and democratic processes.
It's only Labor that will get on and deliver true fast rail to our regional centres and create thousands of new jobs in the process—
The Western Rail Plan is one of the vital projects our growing city and state needs …
… additional tracks between Sunshine and CBD, most likely through a new tunnel, which would also be used by airport-bound trains and integrated with the Airport Rail Link.
Refineries play an important role in securing Australia’s fuel security and putting downward pressure on fuel prices for consumers. Modelling has shown that a domestic refinery capability is worth around $4.9 billion (over 10 years) in value to Australian consumers in the form of price suppression.
The Government is committed to a sovereign on-shore refinery capacity despite the threat to the viability of the industry.
Appropriation Bill (No. 1) 2020-2021
''The impact of that is going to destroy thousands of livelihoods and push our economy further into recession,'' Mr Orr said. ''The whole economy will suffer from their incompetence.''
It has to be sorted out at the higher ranks of government, which is where the problem originated and where it should be addressed.
Quite frankly they didn’t tell us anything we didn’t know. They basically said the relationship with China is poor and it doesn’t look like any chance of that improving in the foreseeable future. The main thing was you need to look to diversify your markets.