The SPEAKER ( Hon. Milton Dick ) took the chair at 12:00, made an acknowledgement of country and read prayers.
Appropriation Bill (No. 1) 2024-2025
Digital ID Bill 2024
Digital ID (Transitional and Consequential Provisions) Bill 2023
Financial Framework (Supplementary Powers) Amendment Bill 2024
Agriculture Legislation Amendment (Modernising Administrative Processes) Bill 2024
National Cancer Screening Register Amendment Bill 2024
Social Services and Other Legislation Amendment (Military Invalidity Payments Means Testing) Bill 2024
Parliamentary Business Resources Legislation Amendment (Review Implementation and Other Measures) Bill 2024
Fair Work Amendment Bill 2024
Health Legislation Amendment (Removal of Requirement for a Collaborative Arrangement) Bill 2024
New Vehicle Efficiency Standard Bill 2024
New Vehicle Efficiency Standard (Consequential Amendments) Bill 2024
Telecommunications Legislation Amendment (Enhancing Consumer Safeguards and Other Measures) Bill 2023
Treasury Laws Amendment (Tax Accountability and Fairness) Bill 2023
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Bill 2024
Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2024
Administrative Review Tribunal Bill 2024
Defence Amendment (Parliamentary Joint Committee on Defence) Bill 2024
Social Services and Other Legislation Amendment (More Support in the Safety Net) Bill 2024
Health Insurance Legislation Amendment (Assignment of Medicare Benefits) Bill 2024
Payment Times Reporting Amendment Bill 2024
Education Services for Overseas Students Amendment (Quality and Integrity) Bill 2024
… it doesn't just make us money.
It also makes us friends.
Universities are blocking applications from students from entire countries as the federal government's latest stage in its migration crackdown makes it even tougher for some institutions to recruit foreign pupils.
Some universities, including at least one prestigious Group of Eight institution, have taken the drastic step of banning or limiting applications from countries deemed at high risk of visa refusal, including India and Nepal.
Vice chancellors from smaller universities say the processing of visas has been highly unpredictable and has targeted them unfairly.
Certainly, if universities are going to continue to sell the dream of an Australian education to international students, the sector must take greater responsibility to ensure students don't end up couch surfing just to make ends meet. … Labor's Big Australia policy also has big consequences for domestic students who need access to affordable housing and strong job prospects to thrive and succeed.
… giving the Minister the power to take whole course types off CRICOS—
because of integrity concerns about a number of providers offering them, appears to mean that good providers will be punished because government hasn't equipped a regulator capable of ensuring providers abide by the rules.
A concerning aspect of the legislation, as drafted, is that it would give the Minister power to suspend providers who exceed their cap for a year. This level of overreach is appalling and contrary to risk-based and proportionate regulation …
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 taken decisions to drastically increase the migration intake putting further strain on housing, infrastructure and essential services in Australia;
(2) the Government's mismanagement of Australia's immigration system has led to more than double the number of international students in Australia from 336,845 in March 2022 to 713,144 as at February 2024;
(3) under Labor there are 80,000 student visa holders who are on to their third student visa or more. Some are on an eighth, ninth or tenth student visa, as a backdoor way to stay in Australia to work;
(4) the Government's failure to manage Australia's international education sector is causing economic harm to Australian universities, private higher education providers, English language course providers and the vocational education sector;
(5) the bill reflects the lack of confidence the Government has in the Minister for Immigration and Minister for Home Affairs by giving the power to determine the number of international students who can study in Australia to the Minister for Education;
(6) calls on the Government to rebalance Australia's migration program and manage its impacts on housing, congestion and essential services; and
(7) given its deficiencies, the bill has been referred to the Senate Education and Employment Legislation Committee for inquiry to report by 15 August 2024".
Nature Positive (Environment Protection Australia) Bill 2024
Nature Positive (Environment Information Australia) Bill 2024
Nature Positive (Environment Law Amendments and Transitional Provisions) Bill 2024
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) expresses its commitment to making changes to national environmental laws that are genuinely beneficial for both the environment and business;
(2) notes that this bill does not meaningfully improve Australia's environmental laws, and that they have particular shortcomings in each of the following forms:
(a) the expansion of the EPA's proposed remit well beyond the compliance and data functions promised by the ALP during the 2022 Federal election campaign;
(b) the excessive size, and lack of proportionality, of the new penalties;
(c) the requirement for more regular, earlier reviews of the operation of the EPA than is mandated in this bill;
(d) the need for clearer limits on the range of circumstances in which environment protection orders can be applied;
(e) the lack of accompanying information about the full regulatory and financial impacts of the bill, including on cost recovery; and
(3) calls on the Government to finally honour their long-flagged promise to introduce a full package of new National Environmental Standards and an overhauled EPBC Act".
That business intervening before order of the day No. 11, Government business, be postponed until a later hour this day.
National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024
As I read it, this new legislation will mean I cannot continue to employ these young people using our NDIS funding because they are not registered carers. They are just great kids, with first aid degrees, who my son has formed a fantastic rapport with. How could an outcome that would see me take those people away from him be in the best interests of my child or my family?
The Critical Minerals Production Tax Incentive, funding to progress common user facilities and $566 million to Geoscience Australia to develop new data are all important announcements that will benefit our critical minerals industry.
We stand by those figures—based on the best global information and applied to local conditions—which allow a meaningful comparison of future energy costs generated by various technologies in the Australian context.
This Government's continued neglect of regional Australia.
Minister Watt has furtively slipped unannounced into Western Australia, coming from Beef Week in his home state of Queensland, where he has no doubt been lauding cattle exports, to kill the live sheep export trade in our state.
It is a gutless move from a belligerent minister who does not care about the impact this announcement will have on families grappling with a dry season, in the middle of seeding.
Net Zero Economy Authority Bill 2024
The House divided. [16:17]
(The Speaker—Hon. Milton Dick)
(1) Clause 6, page 11 (lines 4 to 19), omit subclause (4), substitute:
(4) An employer is also a dependent employer if:
(a) the employer (the relevant employer ) is a constitutional corporation; and
(b) the relevant employer:
(i) has a commercial relationship with another constitutional corporation that operates (whether alone or jointly) a coal mine; or
(ii) has a commercial relationship with an associated entity of another constitutional corporation, where the other constitutional corporation operates (whether alone or jointly) a coal mine; or
(iii) is an associated entity of another constitutional corporation, where the other constitutional corporation operates (whether alone or jointly) a coal mine;
where:
(iv) the coal from the coal mine is being, or is to be, supplied to a closing employer for use in generating electricity at the coal-fired power station concerned; and
(v) the other constitutional corporation will, or will be likely to, cease a substantial part of the business operations carried on by the other constitutional corporation in the same geographic area in which the coal-fired power station concerned is located as a direct result of the eventual closure of that power station; and
(c) the relevant employer employs employees to perform work in the business operations carried on at the coal mine.
(2) Clause 54, page 41, (lines 15 to 17), omit "If an employer contravenes a civil penalty provision, a court may order the payment of a civil penalty under the Regulatory Powers Act.", substitute "If an employer contravenes a civil penalty provision, a court may order the payment of a civil penalty under the Regulatory Powers Act and may order the awarding of compensation for loss that a person has suffered because of the contravention.".
(3) Clause 54, page 41 (after line 17), at the end of the clause, add:
A court can grant an injunction restraining a person from contravening a provision of this Part or requiring a person to comply with a provision of this Part.
(4) Clause 55, page 43 (lines 8 to 10), omit subclause (5), substitute:
(5) As part of the community of interest process, the CEO must consult:
(a) employers covered by paragraph (1)(a); and
(b) employers covered by paragraph (1)(b); and
(c) each employer organisation that is entitled to represent the industrial interests of an employer covered by paragraph (1)(a) or (b).
(5) Clause 56, page 44 (line 27), after "employment", insert ", including supports provided under relevant enterprise agreements or other industrial instruments".
(6) Clause 57, page 47 (line 2), after "employment", insert ", including supports provided under relevant enterprise agreements or other industrial instruments".
(7) Clause 58, page 49 (after line 10), after paragraph (1)(b), insert:
(ba) inform each transition employee of the employer that, if the employee becomes a participating employee of the employer, personal information about the employee may be given to the CEO under section 64 or disclosed by the CEO under section 66; and
(8) Clause 58, page 49 (after line 13), at the end of subclause (1), add:
Note: Australian Privacy Principle 6 in Schedule 1 to the Privacy Act 1988 has the effect that, if a closing employer or dependent employer is an APP entity (within the meaning of that Act) and holds personal information about a transition employee that was collected for a particular purpose, the employer must not use or disclose the information for another purpose unless:
(a) the employee has consented to the use or disclosure of the information; or
(b) the use or disclosure of the information is required or authorised by or under an Australian law or a court/tribunal order; or
(c) that use or disclosure is otherwise authorised by that Principle.
(9) Clause 58, page 49 (line 14), omit "Paragraphs (1)(a) and (b)", substitute "Paragraphs (1)(a), (b) and (ba)".
(10) Clause 59, page 49 (line 29), at the end of paragraph (1)(c), add ", including supports provided under those agreements or instruments".
(11) Clause 59, page 51 (after line 6), after subclause (9), insert:
Reasonable notice for time off work or access to flexible working arrangements
(9A) In any request of a transition employee of a closing employer or dependent employer for time off work, or access to flexible working arrangements, to receive career planning advice or financial advice arranged by the employee, the employee must give the employer reasonable notice of wanting that time off work or that access to flexible working arrangements.
(9B) In any request of a participating employee of a closing employer or dependent employer for time off work, or access to flexible working arrangements, to:
(a) undertake training to assist the employee to find other employment; or
(b) attend activities relating to the recruitment of the employee;
the employee must give the employer reasonable notice of wanting that time off work or that access to flexible working arrangements.
Evidence
(9C) If a closing employer or dependent employer has allowed a transition employee of the employer time off work, or access to flexible working arrangements, to receive career planning advice or financial advice arranged by the employee, the employee must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the employee used the time off work or flexible working arrangements to receive that advice.
(9D) Before a closing employer or dependent employer makes a financial contribution towards the costs of career planning advice or financial advice arranged by a transition employee of the employer, the employee must, if required by the employer, give the employer evidence that would satisfy a reasonable person of the total cost of the advice.
(9E) If a closing employer or dependent employer has allowed a participating employee of the employer time off work, or access to flexible working arrangements, to:
(a) undertake training to assist the employee to find other employment; or
(b) attend activities relating to the recruitment of the employee;
the employee must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the employee used the time off work or flexible working arrangements to undertake the training or to attend the activities.
(9F) Before a closing employer or dependent employer makes a financial contribution towards the costs of training to assist a participating employee of the employer to find other employment, the employee must, if required by the employer, give the employer evidence that would satisfy a reasonable person of the total cost of the training.
(12) Clause 60, page 52 (after line 34), at the end of subclause (5), add:
Note: See section 61A for the dealing with disputes.
(13) Clause 61, page 55 (after line 32), at the end of subclause (5), add:
Note: See section 61A for the dealing with disputes.
(14) Clause 61, page 56 (line 5), after "following conduct", insert ", including conduct to comply with obligations under relevant enterprise agreements or other industrial instruments,".
(15) Page 57 (after line 23), after clause 61, insert:
61A Dealing with disputes
Disputes dealt with by the Fair Work Commission
(1) If:
(a) a term referred to in paragraph 60(5)(d) or 61(5)(d) requires or allows the Fair Work Commission to deal with a dispute about any matter arising under a determination under subsection 60(5) or 61(5); and
(b) such a dispute arises; and
(c) a party to the dispute applies to the Fair Work Commission to deal with the dispute;
the Fair Work Commission may deal with the dispute.
(2) In dealing with the dispute, the Fair Work Commission must not exercise any powers limited by the term referred to in paragraph 60(5)(d) or 61(5)(d) (as the case requires).
(3) If, in accordance with that term, the parties to the dispute have agreed that the Fair Work Commission may arbitrate (however described) the dispute, the Fair Work Commission may do so.
(4) Division 3 of Part 5-1 of the Fair Work Act 2009 applies in relation to the Fair Work Commission dealing with the dispute in a corresponding way to the way in which that Division applies in relation to the dealing with a dispute covered by subsection 595(1) of that Act.
Disputes dealt with by persons other than the Fair Work Commission
(5) If a term referred to in paragraph 60(5)(d) or 61(5)(d) requires or allows a person other than the Fair Work Commission to deal with a dispute about any matter arising under a determination under subsection 60(5) or 61(5):
(a) the person, in dealing with the dispute, must not exercise any powers limited by the term; and
(b) if, in accordance with the term, the parties to the dispute have agreed that the person may arbitrate (however described) the dispute—the person may do so.
(16) Clause 62, page 59 (line 5), after "following conduct", insert ", including conduct to comply with obligations under relevant enterprise agreements or other industrial instruments,".
(17) Clause 64, page 63 (lines 4 and 5), omit ", within the period and in the manner specified in the notice,".
(18) Clause 64, page 63 (lines 18 and 19), omit subclause (3), substitute:
(3) The employer must give the information or produce the documents:
(a) in the manner specified in the notice under subsection (1); and
(b) before the end of the following period:
(i) the period specified in the notice (which must end at least 14 days after the day the notice is given), unless subparagraph (ii) applies;
(ii) if the CEO allows a longer period—that longer period.
(19) Clause 64, page 63 (line 31), omit paragraph (5)(b), substitute:
(b) the employer fails to give the information or produce the documents in accordance with this section.
(20) Clause 67, page 66 (line 28), at the end of subclause (4), add:
; (c) a court of a State or Territory that has jurisdiction in relation to the matter.
(21) Clause 67, page 66 (after line 28), at the end of the clause, add:
Pecuniary penalty orders
(5) Subsection 82(1) of the Regulatory Powers Act, to the extent that Part 4 of that Act relates to this Part, has effect as if an application made under that subsection were an application for an order that a person, who is alleged to have contravened a civil penalty provision, pay a pecuniary penalty.
(6) In relation to an application under subsection 82(1) of the Regulatory Powers Act, to the extent that Part 4 of that Act relates to this Part, if a court is satisfied that a person has contravened a civil penalty provision of this Act, then, despite subsection 82(3) of that Act, the court is empowered under subsection 82(3) of that Act to make an order:
(a) that the person pay a pecuniary penalty; and
(b) that the pecuniary penalty, or a part of the pecuniary penalty, be paid to the Commonwealth, a particular organisation (within the meaning of the Fair Work Act 2009 ) or a particular person.
(7) To the extent that the court orders that the pecuniary penalty, or a part of the pecuniary penalty, be paid to the Commonwealth, section 83 of the Regulatory Powers Act applies to the pecuniary penalty or the part of the pecuniary penalty.
(8) To the extent that the court orders that the pecuniary penalty, or a part of the pecuniary penalty, be paid to a particular organisation (within the meaning of the Fair Work Act 2009 ) or a particular person, the pecuniary penalty, or the part of the pecuniary penalty, may be recovered as a debt due to the organisation or person.
(22) Page 66 (after line 28), at the end of Division 6, add:
67A Compensation orders
In addition to the powers that a court has under Part 4 of the Regulatory Powers Act, to the extent that Part relates to this Part, the court may, if it is satisfied that a person has contravened a civil penalty provision of this Act, make an order under this section awarding compensation for loss that a person has suffered because of the contravention.
(23) Page 67 (before line 1), before Division 7, insert:
Division 6A — Injunctions
67B Injunctions
Enforceable provisions
(1) The provisions of this Part are enforceable under Part 7 of the Regulatory Powers Act.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.
Authorised person
(2) For the purposes of Part 7 of the Regulatory Powers Act, the CEO is an authorised person in relation to the provisions mentioned in subsection (1).
(3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following is also an authorised person in relation to subsection 60(7), 61(9) or 62(9):
(a) a person that is an employee organisation that is entitled to represent the industrial interests of one or more of the transition employees of the closing employer or dependent employer that is alleged to have contravened that subsection;
(b) a transition employee of that closing employer or dependent employer.
Relevant court
(4) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection (1):
(a) the Federal Court of Australia;
(b) the Federal Circuit and Family Court of Australia (Division 2);
(c) a court of a State or Territory that has jurisdiction in relation to the matter.
Division 6B — Costs
67C Costs
(1) A person (the first person ) must bear the person's own costs in relation to:
(a) an application under subsection 82(1) of the Regulatory Powers Act, to the extent that Part 4 of that Act relates to this Part; or
(b) an application under subsection 121(1) or (2) of the Regulatory Powers Act, to the extent that Part 7 of that Act relates to this Part.
(2) However, the court hearing that application may make an order under this subsection that the first person bear some or all ofthe costs of another person in relation to the application if:
(a) the court is satisfied that the first person made the application, or the first person responded to the application, vexatiously or without reasonable cause; or
(b) the court is satisfied that the first person's unreasonable act or omission caused the other person to incur the costs; or
(c) the court is satisfied that it should have been reasonably apparent to the first person that the first person's application, or the first person's response to the application, had no reasonable prospect of success.
(1) Clause 5, page 6 (after line 23), after the definition of Finance Minister , insert:
former judge means:
(a) a former Justice of the High Court; or
(b) a former judge of the Federal Court of Australia; or
(c) a former judge of the Supreme Court of a State or Territory.
(2) Clause 22, page 23 (after line 18), at the end of the clause, add:
(4) A person must not be appointed as a Board member under this section unless:
(a) the selection of the person for the appointment is the result of a process that includes:
(i) public advertising of the selection criteria for the position for at least 10 consecutive days; and
(ii) assessment of applications against the selection criteria by an independent panel consisting of at least 3 members and chaired by a former judge; and
(iii) shortlisting of at least 3 persons for the appointment that are certified, in writing, by the panel to meet all of the selection criteria; and
(b) the person is one of the shortlisted candidates.
(5) Within 7 days after a person is appointed as a Board member, the Minister must cause a copy of the written certification for the person (referred to in subparagraph (4)(a)(iii)) to be:
(a) tabled in each House of the Parliament; or
(b) if a House is not sitting—presented to the Presiding Officer of that House for circulation to the members of that House.
The Board members are to be appointed by the Minister by written instrument.
The House divided. [16:43]
(The Speaker—Hon. Milton Dick)
(1) Page 79 (after line 7), after clause 80, insert:
80A Review of the operation of this Act
(1) Every 4 years, the Minister must cause an independent review to be conducted of the operation of this Act.
(2) Without limiting subsection (1), the review must:
(a) examine the effectiveness of the Authority in performing its functions, including against the object of this Act in section 3; and
(b) having regard to the object of this Act, examine the appropriateness of the following definitions in section 5:
(i) closing employer ;
(ii) dependent employer ;
(iii) receiving employer ; and
(c) make provision for public consultation.
(3) The first review must commence as soon as practicable after the end of the period of 4 years after the day this Act commences.
(4) The persons who conduct the review must give the Minister a written report of the review as soon as practicable and, in any event, not later than 9 months after commencement of the review.
(5) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
The House divided. [17:02]
(The Speaker—Hon. Milton Dick)
(1) Clause 3, page 2 (line 16), omit "ensure Australia's regions and workers", substitute "ensure Australia's communities and workers, especially in regional, rural and remote Australia,".
(2) Clause 3, page 2 (line 18), at the end of the clause, add:
; and (d) facilitate community leadership of economic diversification in response to Australia's transition to a net zero emissions economy, in order to maximise outcomes for communities.
(3) Clause 5, page 5 (after line 23), after the definition of Commonwealth entity , insert:
community benefit plan means a plan made under subsection 68CB(3).
(4) Clause 5, page 6 (after line 6), after the definition of dependent employer , insert:
developer , of a net zero transformation initiative, includes a proponent and an operator of the project or initiative.
(5) Clause 5, page 7 (after line 21), after the definition of Kyoto Protocol , insert:
large renewable energy project has the meaning given by subsection 68AE(2).
(6) Clause 5, page 7 (after line 24), after the definition of likely to prejudice national security , insert:
local energy hub means a hub referred to in subparagraph 16(1)(db)(i) (see also Part 5B).
(7) Clause 16, page 17 (after line 24), after paragraph (1)(d), insert:
(da) to support communities that are hosting net zero transformation initiatives, especially those communities in areas where there has historically been agriculture and other forms of primary production;
(db) to:
(i) establish and maintain one or more local energy hubs in each region affected by Australia's transition to a net zero emissions economy; and
(ii) develop community benefit plans for communities in each region affected by a net zero transformation initiative; and
(iii) assist with planning and coordinating other transitional measures to improve and embed sustainable local infrastructure and services that enhance wellbeing in each region affected by Australia's transition to a net zero emissions economy;
(dc) to facilitate community leadership of economic diversification in response to Australia's transition to a net zero emissions economy, in order to maximise outcomes for communities;
(8) Clause 16, page 18 (after line 2), at the end of the subclause (1), add:
Note 3: For subparagraph (db)(ii), a community benefit plan for a community affected by a net zero transformation initiative could include benefits such as:
(a) jobs in the initiative; or
(b) childcare services; or
(c) health services; or
(d) roads, bridges and other transport infrastructure; or
(e) public infrastructure; or
(f) cheap and reliable energy, including energy security during emergencies; or
(g) affordable housing; or
(h) communications services; or
(i) a community benefit fund.
(14) Page 67 (after line 27), after Part 5, insert:
Part 5A — Developers of net zero transformation initiatives
Division 1 — Preliminary
68AA Simplified outline of this Part
Before facilitating the participation of or investment by a developer from the private sector in a net zero transformation initiative as described in paragraph 16(1)(b), the Authority must ensure that:
(a) the developer has a high rating under the scheme mentioned in Division 2; and
(b) if applicable, the developer has allowed for community investment in the initiative under the scheme mentioned in Division 3.
Note: This Part only applies to a developer of a net zero transformation initiative to the extent that the Authority is performing the Authority's function under paragraph 16(1)(b) in circumstances permitted by subsection 16(4).
68AB Concurrent operation of State and Territory laws
It is the Parliament's intention that a law of a State or Territory should be able to operate concurrently with this Part unless the law is directly inconsistent with this Part.
Division 2 — Developer rating scheme
68AC Facilitating public and private sector participant and investment
Before facilitating the participation of or investment by a developer from the private sector in a net zero transformation initiative as described in paragraph 16(1)(b), the Authority must ensure that the developer has a high rating under the scheme prescribed for the purposes of section 68AD.
68AD Developer rating scheme
(1) The rules must prescribe a voluntary scheme for rating developers of net zero transformation initiatives in Australia.
(2) For the purposes of (but without limiting) subsection (1), the scheme must:
(a) empower the Authority to rate a developer's or potential developer's past or potential performance on:
(i) engagement relating to net zero transformation initiatives; and
(ii) providing benefits to communities affected by net zero transformation initiatives; and
(iii) locating infrastructure involved with net zero transformation initiatives; and
(iv) other specified matters relating to net zero transformation initiatives; and
(b) be designed to motivate developers to continuously improve on such matters; and
(c) provide for the criteria by which the Authority determines such ratings; and
(d) provide for how a developer or potential developer may apply for such a rating, which may include requiring applications to be made in a manner and form approved by the Authority; and
(e) provide for the regular review and updating by the Authority of:
(i) such ratings; and
(ii) the criteria for determining them; and
(f) provide that applications may be made to the Administrative Appeals Tribunal for review of decisions by the Authority under the scheme; and
(g) provide for the establishment and maintenance of a public register that records such ratings and the criteria for determining them.
Note: The scheme may provide for other matters.
(3) In designing the scheme, the Minister must have regard to consultation conducted by the Authority with:
(a) the Commonwealth, the States, the Australian Capital Territory and the Northern Territory; and
(b) peak bodies for local governments, industry and Indigenous persons; and
(c) representative community groups.
Division 3 — Community investment in large renewable energy projects
68AE Authority must ensure that developers of large renewable energy projects allow for community investment
(1) Before facilitating the participation of or investment by a developer from the private sector in a large renewable energy project as described in paragraph 16(1)(b), the Authority must ensure that the developer has complied with the scheme prescribed for the purposes of section 68AF.
(2) A large renewable energy project is a project or initiative that:
(a) is a net zero transformation initiative; and
(b) involves constructing, modifying or expanding a renewable energy generation facility in Australia having a maximum capacity of 10 MW or more; and
(c) starts on or after the commencement of this Act.
68AF Scheme for community investment in large renewable energy projects
(1) The rules must prescribe a voluntary scheme under which the developer of a large renewable energy project engages with all individuals living within 30 km of the project (the locals ) and gives the locals a reasonable opportunity to invest in the project.
(2) For the purposes of (but without limiting) subsection (1), the scheme must ensure that this opportunity involves:
(a) rights to at least 20% of the profits from the project being offered to the locals; and
(b) the locals having been given a reasonable opportunity to consider and respond to the offer; and
(c) the consideration (if any) payable in exchange for the rights being reasonable, having regard to the market value of the rights; and
(d) the offer being structured in a way that is intended to ensure that the rights are acquired by a large number of locals rather than by just a few individuals.
(3) Subsection (2) does not prevent the rights mentioned in paragraph (2)(a) from being offered to anyone else, after the offer mentioned in that subsection closes, to the extent that the locals do not accept the offer.
(4) In designing the scheme, the Minister must have regard to consultation conducted by the Authority with:
(a) the Commonwealth, the States, the Australian Capital Territory and the Northern Territory; and
(b) peak bodies for local governments, industry and Indigenous persons; and
(c) representative community groups.
(15) Page 68 (before line 1), before Part 6, insert:
Part 5B — Local energy hubs
68BA Simplified outline of this Part
Local energy hubs are to provide support for regions affected by Australia's transition to a net zero emissions economy.
68BB Local energy hubs
(1) When establishing and maintaining a local energy hub in a region affected by Australia's transition to a net zero emissions economy (see subparagraph 16(1)(db)(i)), the Authority must ensure that the local energy hub is staffed by local outreach officers who are trained to support communities.
(2) To support the local energy hubs in a region that is also a region referred to in subsection 16(2), the Authority must establish and maintain an office in that region.
68BC Functions of local energy hubs
The functions of a local energy hub for a region are:
(a) to support each of the region's communities, including as follows:
(i) engaging with developers of large-scale net zero transformation initiatives proposed in or near the community;
(ii) facilitating an understanding of net zero transformation initiatives proposed in or near the community, including concerns regarding fire risk, insurance premium increases and biosecurity risks;
(iii) communicating locally informed, clear expectations to industry on how the community would like to be engaged and participate in project plans for large-scale net zero transformation initiatives proposed in or near the community;
(iv) facilitating energy literacy programs targeted at low-income households to reduce energy costs;
(v) advising on household energy efficiency, electrification and bill savings;
(vi) assisting with accessing government grants and subsidies relating to Australia's transition to a net zero emissions economy;
(vii) advising on the feasibility of community energy projects;
(viii) advising agricultural businesses looking to utilise clean energy technologies; and
(b) to assist with developing, and monitoring compliance with, community benefit plans relating to the region (see Part 5C); and
(c) to make recommendations to the Authority on the region's needs and priorities; and
(d) any other functions conferred on the local energy hub by the Authority.
Note: A reference in this section to a net zero transformation initiative could include a renewable energy project or a project relating to transmission lines.
Part 5C — Community benefit plans
68CA Simplified outline of this Part
The Authority may work with:
(a) a developer of a net zero transformation initiative; and
(b) the communities, landholders, groups or individuals affected by that initiative;
to develop a community benefit plan.
The developer must comply with the plan.
68CB Identifying affected communities and making plans to benefit them
(1) The Authority must make reasonable efforts to identify the communities, landholders, groups or individuals (the affected entities ) affected by each net zero transformation initiative.
(2) The Authority must make reasonable efforts to work with each developer of the initiative, and the affected entities, to identify ways how the developer can:
(a) engage with the affected entities; and
(b) provide benefits related to the initiative to those affected entities.
(3) The Authority may make a written plan requiring the developer of the initiative to:
(a) engage in one or more specified ways with the affected entities specified in the plan; and
(b) provide one or more specified benefits to those affected entities.
Note: For examples of benefits, see note 3 to subsection 16(1).
(4) The Authority must give a copy of the plan to:
(a) the developer of the initiative; and
(b) each of the affected entities or to their representatives.
68CC Compliance with community benefit plans
A person contravenes this section if:
(a) the person is a developer of a net zero transformation initiative; and
(b) the person is given a copy of a community benefit plan for the initiative; and
(c) the person fails to comply with the plan.
Civil penalty: 600 penalty units.
68CD Internal review of community benefit plans
(1) If the Authority decides to make a community benefit plan (the original decision ), the Authority must give written notice of the original decision to the persons whose interests it affects. The notice must include a statement to the effect that such a person may, if the person is dissatisfied with the decision, apply to the Authority for an internal review of the original decision.
(2) Such an application by a person for an internal review of the original decision must:
(a) set out the reasons for the application; and
(b) be made within 28 days after the day the person is informed of the decision.
(3) Upon receiving such an application, the Authority must:
(a) reconsider the original decision; and
(b) decide to affirm, vary or revoke the original decision.
(4) This Act, other than subsections (1) and (2), applies to the decision under paragraph (3)(b) (the internal review decision ) as if it were the original decision.
(5) The Authority must give written notice of the internal review decision to the applicant. The notice must include a statement to the effect that the applicant may, if the applicant is dissatisfied with the internal review decision, apply to the Administrative Appeals Tribunal in accordance with the Administrative Appeals Tribunal Act 1975 for review of the internal review decision.
(6) Failure to comply with this subsection (1) or (5) does not affect the validity of a decision.
68CE Review by the Administrative Appeals Tribunal
Applications may be made to the Administrative Appeals Tribunal for review of a decision of the Authority under paragraph 68CD(3)(b).
68CF Involving local energy hubs
The Authority is to involve the relevant local energy hub when:
(a) acting under section 68CB in relation to a net zero transformation initiative; and
(b) monitoring compliance with a community benefit plan.
The House divided. [17:19]
(The Speaker—Hon. Milton Dick)
(12) Clause 23, page 24 (lines 11 to 13), omit paragraph (2)(d), substitute:
(d) 1 other Board member with expertise or experience, professional credibility and significant standing in the field mentioned in paragraph (3)(h); and
(e) up to 3 other Board members with expertise or experience, professional credibility and significant standing in any of the fields mentioned in subsection (3).
(13) Clause 23, page 24 (lines 14 and 15), omit "Paragraphs (b) and (c) do not by implication limit paragraph (a) or (d).", substitute "Paragraphs (b), (c) and (d) do not by implication limit paragraph (a) or (e).".
(9) Clause 16, page 18 (lines 3 to 6), omit subclause (2), substitute:
(2) In performing the Authority's functions, the Authority should prioritise communities, regions, industries and workers that are or will be:
(a) in areas recognised by the Australian Energy Market Operator as renewable energy zones; or
(b) otherwise significantly affected by Australia's transition to a net zero emissions economy.
(10) Page 21 (after line 28), after clause 19, insert:
19A Board must prepare annual work plan
(1) The Board must prepare and give to the Minister a work plan, in writing, for each financial year beginning on or after the commencement of this Act.
(2) The work plan for a financial year must set out:
(a) the main activities proposed to be undertaken by the Authority and the Board for the financial year and for the following 2 financial years, including activities relating to:
(i) the scheme prescribed for the purposes of section 68AD (the developer rating scheme); and
(ii) local energy hubs (see Part 5B); and
(iii) community benefit plans (see Part 5C);
(b) how those activities are proposed to be undertaken.
Note: For example, the work plan could include the following activities relating to Australia's transition to a net zero emissions economy:
(a) capacity building in regions to guide future economic development;
(b) working with State-based regional transition authorities on particular activities;
(c) funding and facilitating the development and delivery of regional strategies to improve economic diversification.
Consultation on a draft work plan
(3) Before giving the Minister a work plan for a financial year, the Board must:
(a) prepare a draft of the work plan and give it to the Minister, the States, the Australian Capital Territory and the Northern Territory; and
(b) cause the draft work plan to be published on the Department's website; and
(c) invite all interested bodies or persons to give the Authority written comments on the draft work plan within:
(i) 90 days after the invitation is given; or
(ii) such longer period as advised by the Authority.
The Board may also consult with any other person that the Board considers appropriate about the draft work plan.
(4) In preparing a work plan for a financial year, the Board must have regard to any comments given under paragraph (3)(c) in relation to the draft of the work plan.
Tabling and publishing a work plan
(5) The Minister must table each work plan in each House of the Parliament within 7 sitting days of that House after receiving the work plan under subsection (1).
(6) The Board must cause each work plan to be published on the Department's website as soon as practicable after giving it to the Minister.
(7) A work plan prepared under subsection (1) is not a legislative instrument.
(11) Clause 20, page 22 (after line 16), at the end of the clause, add:
(5) A direction under subsection (1) must be consistent with this Act (including the object of this Act), with the Board's functions and with the Authority's functions.
(16) Clause 69, page 68 (line 5), after "including", insert "the Authority's budget".
(17) Page 69 (before line 2), before clause 70, insert:
69A Minimum 10-year budget for the Authority
(1) If, by the end of the 6-month period beginning on the day this Act commences, no Commonwealth law sets out a budget for the Authority for each of the first 10 financial years starting on or after that commencement, the Minister must cause to be prepared a written report explaining the reasons why.
(2) The Minister must table the report in each House of the Parliament within 7 sitting days of that House after the end of that 6-month period.
The House divided. [17:40]
(The Speaker—Hon. Milton Dick)
(1) Clause 4, page 3 (line 24), omit "or a gas-fired power station", substitute ", gas-fired power station or other relevant facility or business".
(2) Clause 5, page 8 (after line 11), after the definition of national security information , insert:
net zero emissions economy means an Australian economy where:
(a) Australia's absolute greenhouse gas emissions have been significantly reduced to zero or to a residual level consistent with global efforts to limit the temperature increase to 1.5℃ above industrial levels in accordance with Articles 2 and 4 of the Paris Agreement; and
(b) any residual Australian greenhouse gas emissions are neutralised by, and continue to be neutralised after, the net zero target date.
net zero target date means the target date set out in paragraph 10(1)(b) of theClimate Change Act 2022 for Australia's net greenhouse gas emissions to reduce to zero.
(3) Clause 6, page 10 (after line 23), after subclause (2), insert:
(2A) An employer is also a closing employer if:
(a) the employer:
(i) is a constitutional corporation; and
(ii) owns (whether alone or jointly) or operates (whether alone or jointly) one or more parts of a facility that is a designated large facility for the purposes of the National Greenhouse and Energy Reporting Act 2007 for a financial year;
whether or not the employer employs employees to perform work at the facility; or
(b) the employer is a constitutional corporation that owns (whether alone or jointly) or operates (whether alone or jointly) one or more parts of a business specified in a determination under subsection (2B).
(2B) The Minister may, on recommendation by the Authority, determine in writing one or more classes of businesses for the purposes of paragraph (2A)(b).
(2C) The Minister must cause a copy of the determination (including as varied) to be published on the Authority's website.
(2D) A determination under subsection (2B) is not a legislative instrument.
(2E) The Authority may, by notifiable instrument, make recommendations for the purposes of subsection (2B).
(4) Clause 6, page 11 (after line 19), after subclause (4), insert:
(4A) An employer is also a dependent employer if the employer (therelevant employer ):
(a) is a constitutional corporation; and
(b) has a commercial relationship with:
(i) a closing employer within the meaning of subsection (2A); or
(ii) an associated entity of such a closing employer; and
(c) will, or will be likely to, cease a substantial part of the operations carried on by the relevant employer at the facility or business concerned, or in the same geographic area in which the facility or business concerned is located, as a direct result of the eventual closure of that facility or business.
(5) Clause 7, page 12 (after line 26), after subclause (2), insert:
(2A) A transition employee , of a closing employer within the meaning of subsection 6(2A), is an employee of the closing employer who is employed to perform work at the facility or business concerned.
(6) Clause 7, page 13 (after line 5), at the end of the clause, add:
(5) A transition employee , of a dependent employer within the meaning of subsection 6(4A), is an employee of the dependent employer who is employed to perform work in the operations that will, or will be likely to, cease as mentioned in paragraph 6(4A)(c).
(7) Clause 9, page 13 (line 21), omit "or a gas-fired power station", substitute ", gas-fired power station or other relevant facility or business referred to in subsection 6(2A)".
(8) Clause 9, page 13 (line 26), omit "or a gas-fired power station", substitute ", gas-fired power station or other relevant facility or business referred to in subsection 6(2A)".
(9) Clause 16, page 17 (after line 15), after paragraph (1)(b), insert:
(ba) with the Climate Change Authority and in consultation with industry, communities and the public and private sector—to proactively plan, coordinate and advise on the phasing out of fossil fuels, including their exploration, extraction and export and their use in Australia;
(10) Clause 16, page 18 (lines 3 to 6), omit subclause (2), substitute:
(2) In performing the Authority's functions, the Authority must have regard to the following principles:
(a) the principle of prioritising communities, regions, industries and workers that are or will be:
(i) concerned with manufacturing, installing or maintaining equipment, appliances, vehicles or devices that consume fossil fuels; or
(ii) otherwise significantly affected by Australia's transition to a net zero emissions economy;
(b) the principles of:
(i) economic efficiency; and
(ii) environmental effectiveness; and
(iii) equity; and
(iv) the public interest; and
(v) the impact on households, businesses, workers and communities; and
(vi) an effective global response to climate change; and
(vii) consistency with Australia's foreign policy and trade objectives; and
(viii) complying with Articles 2, 4, 8 and 12 of the Paris Agreement; and
(ix) boosting economic, employment and social benefits, including for rural and regional Australia; and
(x) achieving the safeguard outcome in paragraph 3(2)(d) of the National Greenhouse and Energy Reporting Act 2007 ;
(c) any other principles that the Authority considers relevant.
This subsection has effect subject to subsections (4) and (5).
(11) Clause 21, page 23 (line 5), omit "5", substitute "7".
(12) Clause 23, page 24 (after line 26), after paragraph (3)(f), insert:
(fa) climate science;
(fb) engineering;
(13) Clause 54, page 40 (line 5), omit "or a gas-fired power station", substitute ", gas-fired power station or other relevant facility or business".
(14) Clause 55, page 42 (line 29), omit "or a gas-fired power station", substitute ", gas-fired power station or other relevant facility or business".
(15) Clause 56, page 43 (line 24), omit "or gas-fired power station", substitute ", gas-fired power station, facility or business".
(16) Clause 56, page 45 (line 2), after "power station", insert ", facility or business".
(17) Clause 57, page 47 (line 11), after "power station", insert ", facility or business".
(18) Clause 57, page 47 (line 25), after "power station", insert ", facility or business".
The House divided. [17:56]
(The Speaker—Hon. Milton Dick)
(1) Clause 4, page 3 (line 24), omit "or a gas-fired power station", substitute ", gas-fired power station or other relevant facility or business".
(2) Clause 5, page 8 (after line 11), after the definition of national security information , insert:
net zero emissions economy means an Australian economy where:
(a) Australia's absolute greenhouse gas emissions have been significantly reduced to zero or to a residual level consistent with global efforts to limit the temperature increase to 1.5℃ above industrial levels in accordance with Articles 2 and 4 of the Paris Agreement; and
(b) any residual Australian greenhouse gas emissions are neutralised by, and continue to be neutralised after, the net zero target date.
net zero target date means the target date set out in paragraph 10(1)(b) of theClimate Change Act 2022 for Australia's net greenhouse gas emissions to reduce to zero.
(3) Clause 6, page 10 (after line 23), after subclause (2), insert:
(2A) An employer is also a closing employer if:
(a) the employer:
(i) is a constitutional corporation; and
(ii) owns (whether alone or jointly) or operates (whether alone or jointly) one or more parts of a facility that is a designated large facility for the purposes of the National Greenhouse and Energy Reporting Act 2007 for a financial year;
whether or not the employer employs employees to perform work at the facility; or
(b) the employer is a constitutional corporation that owns (whether alone or jointly) or operates (whether alone or jointly) one or more parts of a business specified in a determination under subsection (2B).
(2B) The Minister may, on recommendation by the Authority, determine in writing one or more classes of businesses for the purposes of paragraph (2A)(b).
(2C) The Minister must cause a copy of the determination (including as varied) to be published on the Authority's website.
(2D) A determination under subsection (2B) is not a legislative instrument.
(2E) The Authority may, by notifiable instrument, make recommendations for the purposes of subsection (2B).
(4) Clause 6, page 11 (after line 19), after subclause (4), insert:
(4A) An employer is also a dependent employer if the employer (therelevant employer ):
(a) is a constitutional corporation; and
(b) has a commercial relationship with:
(i) a closing employer within the meaning of subsection (2A); or
(ii) an associated entity of such a closing employer; and
(c) will, or will be likely to, cease a substantial part of the operations carried on by the relevant employer at the facility or business concerned, or in the same geographic area in which the facility or business concerned is located, as a direct result of the eventual closure of that facility or business.
(5) Clause 7, page 12 (after line 26), after subclause (2), insert:
(2A) A transition employee , of a closing employer within the meaning of subsection 6(2A), is an employee of the closing employer who is employed to perform work at the facility or business concerned.
(6) Clause 7, page 13 (after line 5), at the end of the clause, add:
(5) A transition employee , of a dependent employer within the meaning of subsection 6(4A), is an employee of the dependent employer who is employed to perform work in the operations that will, or will be likely to, cease as mentioned in paragraph 6(4A)(c).
(7) Clause 9, page 13 (line 21), omit "or a gas-fired power station", substitute ", gas-fired power station or other relevant facility or business referred to in subsection 6(2A)".
(8) Clause 9, page 13 (line 26), omit "or a gas-fired power station", substitute ", gas-fired power station or other relevant facility or business referred to in subsection 6(2A)".
(9) Clause 16, page 17 (after line 15), after paragraph (1)(b), insert:
(ba) with the Climate Change Authority and in consultation with industry, communities and the public and private sector—to proactively plan, coordinate and advise on the phasing out of fossil fuels, including their exploration, extraction and export and their use in Australia;
(10) Clause 16, page 18 (lines 3 to 6), omit subclause (2), substitute:
(2) In performing the Authority's functions, the Authority must have regard to the following principles:
(a) the principle of prioritising communities, regions, industries and workers that are or will be:
(i) concerned with manufacturing, installing or maintaining equipment, appliances, vehicles or devices that consume fossil fuels; or
(ii) otherwise significantly affected by Australia's transition to a net zero emissions economy;
(b) the principles of:
(i) economic efficiency; and
(ii) environmental effectiveness; and
(iii) equity; and
(iv) the public interest; and
(v) the impact on households, businesses, workers and communities; and
(vi) an effective global response to climate change; and
(vii) consistency with Australia's foreign policy and trade objectives; and
(viii) complying with Articles 2, 4, 8 and 12 of the Paris Agreement; and
(ix) boosting economic, employment and social benefits, including for rural and regional Australia; and
(x) achieving the safeguard outcome in paragraph 3(2)(d) of the National Greenhouse and Energy Reporting Act 2007 ;
(c) any other principles that the Authority considers relevant.
This subsection has effect subject to subsections (4) and (5).
(11) Clause 21, page 23 (line 5), omit "5", substitute "7".
(12) Clause 23, page 24 (after line 26), after paragraph (3)(f), insert:
(fa) climate science;
(fb) engineering;
(13) Clause 54, page 40 (line 5), omit "or a gas-fired power station", substitute ", gas-fired power station or other relevant facility or business".
(14) Clause 55, page 42 (line 29), omit "or a gas-fired power station", substitute ", gas-fired power station or other relevant facility or business".
(15) Clause 56, page 43 (line 24), omit "or gas-fired power station", substitute ", gas-fired power station, facility or business".
(16) Clause 56, page 45 (line 2), after "power station", insert ", facility or business".
(17) Clause 57, page 47 (line 11), after "power station", insert ", facility or business".
(18) Clause 57, page 47 (line 25), after "power station", insert ", facility or business".
The House divided. [18:12]
(The Speaker—Hon. Milton Dick)
That this bill be now read a third time.
Net Zero Economy Authority (Transitional Provisions) Bill 2024
The House divided. [18:22]
(The Speaker—Hon. Milton Dick)
That this bill be now read a third time.
National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024
… continued access to support for people with disability is necessary and non-negotiable. Any changes to how support is provided, either inside or outside the Scheme, must not lead to any gaps in the support we receive.
The Bill will make immediate and fundamental changes to the way the NDIS operates, including how access to the Scheme is determined, how participant needs are assessed and how participant budgets are set.
… … …
We are deeply concerned that this way of going about the reform—including through this Bill—will lead to worse outcomes for more Australians with disability and their families.
… (1) psychosocial disability is still included in the NDIS—full stop; (2) autism is still recognised as a disability—full stop …
Aunty Fay always strived for the best outcomes for Aboriginal People, whether she was volunteering to progress self-determination … working for government, or for the community-run organisations she served.
She was a guiding light for the many family members Aunty Fay had inspired to dedicate their lives to self-determination.
When you look at the policies they've put in place over the years to try to make us go away, I think it must have really annoyed and amazed them that we're still here.
May she go in peace to the dreaming and be received by her Ancestors with the love she generously shared with her family and our community.
The DEPUTY SPEAKER ( Ms Payne ) took the chair at 16:00.
Appropriation Bill (No. 1) 2024-2025
After a decade of inaction, we have taken immediate steps … to plan for the future, address skills gaps and strengthen our VET sector.
Every single community in Australia is unique, and the Albanese Government recognises that local governments, community organisations and that people who live in their region best understand their local priorities.
This year's Budget will be incredibly disappointing to many councils and communities that have been waiting for the Government to deliver on its fair funding promise …