The SPEAKER ( Hon. Milton Dick ) took the chair at 09:00 made an acknowledgement of country and read prayers.
Report relating to the consideration of committee and delegation business . and of private Members' business
1. The Committee met in private session on Tuesday, 4 February 2025.
2. The Committee deliberated on items of committee and delegation business that had been notified, private Members' business items listed on the Notice Paper and notices lodged on Tuesday, 4 February 2025, and determined the order of precedence and times on Monday, 10 February 2025, as follows:
Items for House of Representatives Chamber (10.10 am to 12 noon)
COMMITTEE AND DELEGATION BUSINESS
Presentation and statements
1 Joint Standing Committee on Migration
Joint Standing Committee on Migration Delegation: New Zealand and Vanuatu, 26 to 31 August 2024
The Committee determined that statements on the report may be made — all statements to conclude by 10.15.
Speech time limits —
Ms Vamvakinou — 5minutes.
[Minimum number of proposed Members speaking = 1 x 5 mins]
PRIVATE MEMBERS' BUSINESS
Notices
1 MR WILKIE: To present a Bill for an Act to establish the Whistleblower Protection Authority, and for related purposes. ( Whistleblower Protection Authority Bill 2025 )
( Notice given 26 November 2024. )
Presenter may speak to the second reading for a period not exceeding 10 minutes — pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
2 MS SPENDER: To present a Bill for an Act to amend the National Land Transport Act 2014 , and for related purposes. (National Land Transport Act Amendment (Better Value for Taxpayers) Bill 2025 )
( Notice given 4 February 2025. )
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 DR SCAMPS: To present a Bill for an Act to ensure that public bodies act in pursuit of the wellbeing of current and future generations of Australia, to establish a Commissioner for Future Generations, and for related purposes. ( Wellbeing of Future Generations Bill 2025 )
( Notice given 4 February 2025. )
Presenter may speak to the second reading for a period not exceeding 10 minutes — pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
4 MS SHARKIE: To present a Bill for an Act to amend the Interactive Gambling Act 2001 , and for related purposes. (Interactive Gambling Amendment (Know Your Losses Activity Statement) Bill 2025 )
( Notice given 4 February 2025. )
Presenter may speak to the second reading for a period not exceeding 10 minutes — pursuant to standing order 41. Debate must be adjourned pursuant to standing order 142.
5 MS BELL: To move—That this House:
(1) notes that:
(a) it has been almost three years since the Government was elected and the cost of child care has increased by a whopping 22.3 per cent;
(b) since the Government introduced its cheaper child care policy, out of pocket costs for families have sky rocketed by 12.7 per cent;
(c) almost 30 per cent of child care services are charging over the hourly rate cap under the current Government, compared to 21 per cent under the previous Government; and
(d) this is just another broken promise from the Government, that continues to leave Australian families behind; and
(2) calls on the Government to deliver:
(a) more access to early childhood education and care places to support Australians to return to the workforce; and
(b) real cost of living relief to families.
( Notice given 4 February 2025. )
Time allotted — 30minutes.
Speech time limits —
Ms Bell — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration
of this matter should continue at a later hour.
6 DR REID: To move—That this House:
(1) acknowledges that the Government is building Australia's future by building a stronger Medicare with:
(a) free Medicare Urgent Care Clinics, so that you and your family have access to bulk billed health care when you need it;
(b) cheaper medicines, cutting the cost of prescriptions; and
(c) the largest investment in bulk billing in Medicare history, which is restoring bulk billing after ten years of cuts and neglect;
(2) expresses its concern at the Leader of the Opposition's record as Health Minister when he:
(a) tried to end bulk billing by making patients pay a tax every time they see a General Practitioner;
(b) cut $50 billion from public hospitals; and
(c) was voted worst Health Minister in the history of Medicare by Australian doctors; and
(3) acknowledges only the Government can be trusted to protect and strengthen Medicare.
( Notice given 4 February 2025. )
Time allotted — 30minutes.
Speech time limits —
Dr Reid — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration
of this matter should continue on a future day.
7 MS WATSON-BROWN: To move—That this House:
(1) notes that billionaires and big corporations have too much power over our democracy; and
(2) calls on the Government to tax billionaires and big corporations to fund the cost of living relief that Australians need, including:
(a) covering dental and mental health under Medicare;
(b) making sure everyone can see the GP for free;
(c) building housing people can actually afford; and
(d) wiping student debt.
( Notice given 4 February 2025. )
Time allotted — remaining private Members' business time prior to 12 noon.
Speech time limits —
Ms Watson-Brown — 5minutes.
[Minimum number of proposed Members speaking = 1 x 5 mins]
The Committee determined that consideration
of this matter should continue at a later hour.
Items for Federation Chamber (11 am to 1.30 pm)
PRIVATE MEMBERS' BUSINESS
Notices
1 MR PASIN: To move—That this House:
(1) notes that 1,300 lives were lost on Australian roads in 2024;
(2) recognises that:
(a) this is the highest road toll since 2012; and
(b) the national road toll has risen each of the past four years, a situation not seen since 1966, or before the introduction of compulsory seat belts;
(3) acknowledges that the annual fatality rate per 100,000 head of population is now 4.8, well over double the National Road Safety target of 2.0; and
(4) calls on the Government to take action on the road safety crisis that is now killing more than 100 Australians every month and hospitalising 100 Australians every day.
( Notice given 4 February 2025. )
Time allotted — 30minutes.
Speech time limits —
Mr Pasin — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration
of this matter should continue on a future day.
2 MS MASCARENHAS: To move—That this House:
(1) acknowledges that the Government has created more than a million jobs;
(2) commends the Government for standing up for Western Australia and for recognising that Western Australia is the engine room of the economy;
(3) recognises that production tax credits for critical minerals will encourage critical mineral processing in Western Australia and create secure jobs in the resources sector; and
(4) calls on the Opposition to support the production tax credits instead of blocking jobs and investment in Western Australia.
( Notice given 4 February 2025. )
Time allotted — 30minutes.
Speech time limits —
Ms Mascarenhas — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration
of this matter should continue on a future day.
3 MR GEE: To move—That this House:
(1) acknowledges the:
(a) disgraceful rural doctor shortage crisis unfolding across rural Australia; and
(b) devastating impacts this crisis is having on the health of country Australians; and
(2) resolves to:
(a) take urgent action to end the crisis and get more doctors practising in rural, regional and remote communities; and
(b) deliver equality in access to doctors and medical services to country residents and country communities.
( Notice given 4 February 2025. )
Time allotted — 20minutes.
Speech time limits —
Mr Gee — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 4 x 5 mins]
The Committee determined that consideration
of this matter should continue on a future day.
4 MR REPACHOLI: To move—That this House:
(1) acknowledges the Government's commitment to supporting apprentices and addressing the skills shortage which was left unaddressed by the previous Government;
(2) notes the failure of the previous Government to adequately support trade apprentices, instead diverting taxpayer funds to big business, including:
(a) $72 million to McDonald's, which posted record profits of $360 million in 2022-23;
(b) $28.3 million to Grill'd, despite its profits surging by 700 per cent, hitting $15.8 million in 2020-21; and
(c) $1.6 million to a Domino's franchisee in South Australia, which was later banned from employing apprentices due to a failure to meet training obligations;
(3) commends the Government for prioritising trade apprentices through new initiatives, including:
(a) introducing the Housing Construction Apprenticeship Program, providing $10,000 incentive payments for apprentices in key residential construction trades; and
(b) increasing the allowance for apprentices living away from home, the first increase in more than 20 years; and
(4) supports these measures as vital steps towards building a skilled, sustainable workforce.
( Notice given 4 February 2025. )
Time allotted — 40minutes.
Speech time limits —
Mr Repacholi — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration
of this matter should continue on a future day.
5 MR HOGAN: To move—That this House:
(1) acknowledges the Order of Australia is the highest national honour awarded to Australian citizens for outstanding contributions to our country or humanity at large;
(2) recognises that this year marks the 50th anniversary of Australia's honours system;
(3) notes that since being established by Her Majesty Queen Elizabeth II in 1975, there have been 47,869 recipients of awards in the Order of Australia;
(4) further recognises and celebrates the 732 Australia Day 2025 award recipients, including 457 awards in the General Division of the Order of Australia for meritorious, distinguished and conspicuous service;
(5) further acknowledges community members recognised through Australia Day 2025 Local Citizen of the Year awards; and
(6) congratulates all the recipients of awards on Australia Day 2025.
( Notice given 4 February 2025. )
Time allotted — remaining private Members' business time prior to 1.30 pm.
Speech time limits —
Mr Hogan — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration
of this matter should continue on a future day.
Items for Federation Chamber (4.45 pm to 7.30 pm)
PRIVATE MEMBERS' BUSINESS
Orders of the day
CHILD CARE POLICY: Resumption of debate on the motion of Ms Bell—That this House:
(1) notes that:
(a) it has been almost three years since the Government was elected and the cost of child care has increased by a whopping 22.3 per cent;
(b) since the Government introduced its cheaper childcare policy, out of pocket costs for families have sky rocketed by 12.7 per cent;
(c) almost 30 per cent of child care services are charging over the hourly rate cap under the current Government, compared to 21 per cent under the previous Government; and
(d) this is just another broken promise from the Government, that continues to leave Australian families behind; and
(2) calls on the Government to deliver:
(a) more access to early childhood education and care places to support Australians to return to the workforce; and
(b) real cost of living relief to families.
( Notice given 4 February 2025. )
Time allotted — 20minutes.
Speech time limits —
All Members — 5minutes each.
[Minimum number of proposed Members speaking = 4 x 5 mins]
The Committee determined that consideration
of this matter should continue on a future day.
Notices—continued
6 MR REPACHOLI: To move—That this House:
(1) notes that the Government has been delivering for Australian farmers and producers, helping our nearly $100 billion agriculture, fisheries and forestry sectors continue to grow;
(2) acknowledges the Government has:
(a) recorded 169 market access achievements since July 2022, including:
(i) 22 new markets opened;
(ii) 66 improvements to reduce cost or requirements to export;
(iii) 72 achievements to maintain access in the face of threats to trade; and
(iv) nine achievements to restore access that was previously lost; and
(b) invested over $1 billion to ensure our biosecurity system is sustainable long term, ensuring our world-class system stays that way;
(3) further notes the dire state that our agriculture workforce was in under the previous Government, and acknowledges the work the Government has done to fix these issues, including:
(a) establishing the tripartite Agricultural Workforce Working Group and starting up the Agriculture Labour Taskforce; and
(b) working with stakeholders to deliver a Pacific Australia Labour Mobility scheme that is beneficial and safe for workers, which has grown from around 8,000 workers in March 2020 to over 27,000 at the end of 2024; and
(4) notes the Opposition's inaction on climate change reduced farm profitability, and acknowledges that the Government is investing in a sustainable agriculture sector by:
(a) delivering the first ever joint Agriculture Ministers' Statement on Climate Change;
(b) developing the first Agriculture and Land Sector Plan to chart the path for the industry to actively contribute to net-zero by 2050;
(c) investing $1.1 billion in the current round of the Natural Heritage Trust, including $302.1 million in climate-smart agriculture programs;
(d) investing $63.8 million to support the sector to act on climate and reduce emissions;
(e) committing $519.1 million over the next four years from the Future Drought Fund to ensure programs promote long-term drought and climate resilience; and
(f) ensuring our forestry industry remains sustainable, expanding our plantation estate and continuing support for our native forestry sector, in addition to supporting innovation and advanced manufacturing for wood products.
( Notice given 4 February 2025. )
Time allotted — 35minutes.
Speech time limits —
Mr Repacholi — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 7 x 5 mins]
The Committee determined that consideration
of this matter should continue on a future day.
7 DR WEBSTER: To move—That this House:
(1) notes that bushfires have ravaged the Grampians National Park and associated tourist destinations including Halls Gap, Pomonal and Dunkeld in February 2024 and over Christmas 2024, the latter being a critical annual income period for small businesses in the region;
(2) acknowledges that to protect lives and property, access to towns and tourist sites like Halls Gap was closed in some cases for weeks, depriving them of tourist visitors;
(3) further notes that:
(a) businesses have expressed concern that they have been unable to afford, or even access, insurance against bushfire risk notwithstanding that in Halls Gap's case, the town has never itself been struck by bushfire;
(b) the region was struck again over the 2025 Australia Day public holiday weekend with further fires in the Little Desert National Park at times threatening Dimboola, which led to further park closures and tourists deterred from remaining in the region; and
(c) fires that started over the 2025 Australia Day public holiday weekend have continued to burn in the southern part of the Grampians National Park into February 2025;
(4) commends the bravery, commitment and selflessness of Country Fire Authority services and volunteers, farmers, landholders and community members to protect life and property, fighting and containing the fires; and
(5) calls upon:
(a) all levels of Government to prioritise opening and maintaining access to as much of the Grampians as possible to maximise the social and economic health of the region;
(b) State Governments to:
(i) provide maximum transparency on the bushfire mitigation efforts they undertake, to assist insurers in determining reasonable insurance premiums; and
(ii) fast-track their processes for seeking Disaster Recovery Funding Arrangement assistance from the Commonwealth including Category D support for small businesses affected by fire disaster related closures;
(c) the Commonwealth Government to take immediate steps to ensure bushfire insurance is affordable and accessible; and
(d) the Commonwealth and Victorian State Governments to implement a marketing strategy to encourage all Australians to consider travelling to the Grampians as soon as possible to support an internationally renowned attraction and the communities that depend on tourism for their survival.
( Notice given 4 February 2025. )
Time allotted — 25minutes.
Speech time limits —
Dr Webster — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 5 x 5 mins]
The Committee determined that consideration
of this matter should continue on a future day.
8 MS J RYAN: To move—That this House:
(1) notes that the Government is delivering:
(a) cheaper child care and boosting wages for early childhood educators;
(b) record needs-based funding for schools across the country;
(c) free TAFE;
(d) more opportunities for more Australians from the outer-suburbs and the bush to go to university; and
(e) student debt relief; and
(2) acknowledges that investing in the education and skills of young Australians is a key component of building Australia's future.
( Notice given 4 February 2025. )
Time allotted — 40minutes.
Speech time limits —
Ms J Ryan — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 8 x 5 mins]
The Committee determined that consideration
of this matter should continue on a future day.
9 MR BIRRELL: To move—That this House:
(1) condemns the Government for failing to address the critical issue of classroom disruption in Australian schools which is severely impacting the learning outcomes of Australian students as well as forcing teachers to leave the profession in droves; and
(2) notes:
(a) that despite the escalating levels of classroom disruption and even violence in many classrooms, the Government has failed to respond to the Senate inquiry report by the Education and Employment Reference Committee into the issue of increasing disruption in Australian school classrooms;
(b) the declining ranking of Australia in the Organisation for Economic .Co-operation and Development (OECD) disciplinary climate index, making Australian classrooms amongst the world's most disorderly;
(c) the impacts, demands and experience of disorderly classrooms on teacher safety, work satisfaction and workforce retention;
(d) the impact of disorderly, poorly disciplined classroom environments and school practices on students' learning, compared with their peers in more disciplined classrooms; and
(e) how leading OECD countries with the highest disciplinary climate index rankings can provide valuable lessons on reducing distraction and disorder in Australian classrooms.
( Notice given 4 February 2025. )
Time allotted — 30minutes.
Speech time limits —
Mr Birrell — 5minutes.
Other Members — 5minutes each.
[Minimum number of proposed Members speaking = 6 x 5 mins]
The Committee determined that consideration
of this matter should continue on a future day.
Orders of the day—continued
TAXING BILLIONAIRES AND BIG CORPORATIONS: Resumption of debate on the motion of Ms Watson-Brown—That this House:
(1) notes that billionaires and big corporations have too much power over our democracy; and
(2) calls on the Government to tax billionaires and big corporations to fund the cost of living relief that Australians need, including:
(a) covering dental and mental health under Medicare;
(b) making sure everyone can see the GP for free;
(c) building housing people can actually afford; and
(d) wiping student debt.
( Notice given 4 February 2025. )
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
That the bill be now read a second time.
This can be a game-changer for our babies. It will mean more children are developmentally ready for school, setting them up for a thriving future.
Electricity Infrastructure Legislation Amendment Bill 2025
That this bill be now read a second time.
Social Security Legislation Amendment (Technical Changes) Bill 2025
That this bill be now read a second time.
Defence Service Homes Amendment (Insurance) Bill 2025
That this bill be now read a third time.
Free TAFE Bill 2024
… if you don't pay for something, you don't value it.
FT place means a free place in a course at a TAFE institution or a course provided by another VET provider.
An FT place may not be free of all fees. The fees covered will depend on the terms and conditions of the relevant FT agreement.
There's a golden thread that runs through so many Coalition policies and that is that great principle of choice. Greater choice for families to choose how they will balance their work and their family responsibilities. Greater choice for entrepreneurial Australians to start and expand their small business. Greater choice and opportunity for young Australians to develop their talents to the full. And importantly, greater choice for Australian parents to decide how and where their children will be educated.
Australia is facing a national skills shortage in traditional trades such as carpenters, welders, auto-electricians, motor mechanics, brick layers, chefs and hairdressers. This is in part a product of our great economic success. It's also the legacy of some bad decisions we made a generation or more ago. This country made a big mistake 30 or 40 years ago when it turned its back on the old system of having technical skills.
We must do more to encourage them—
to entrench that culture, and to bring on more—
That's why I'm especially pleased to announce a series of measures at furthering entrenching the enterprise culture within this country.
And remember this, and it's a key principle and tenet of the Liberal Party: if you don't pay for something, you don't value it.
And remember this, and it's a key principle and tenet of the Liberal Party: if you don't pay for something, you don't value it.
… it's a key principle and tenet of the Liberal Party: if you don't pay for something, you don't value it.
… it's a key principle and tenet of the Liberal Party: if you don't pay for something, you don't value it. So, if you're told that your TAFE is free and all you have to do is turn up … but you haven't paid for it, you don't see it as something that makes a difference to you in your life; you don't see it as something valuable.
The House divided. [12:37]
(The Speaker—Hon. Milton Dick)
The House divided. [12:45]
(The Speaker—Hon. Milton Dick)
That this bill be now read a third time.
Health Legislation Amendment (Improved Medicare Integrity and Other Measures) Bill 2024
That all words after "That" be omitted with a view to substituting the following words:
"the House notes that under the Albanese Labor Government, Australians' access to affordable healthcare through the Medicare Benefits Schedule has only gone backwards, and it has never been harder or more expensive to see a GP".
That all words after "the" be omitted with a view to substituting the following words:
"House, whilst not declining to give the bill a second reading:
(1) notes that:
(a) Medicare cannot be a universal healthcare system while essential dental care is excluded; and
(b) the Australian Dental Association's Annual Oral Health Survey found that over 60 per cent of Australians had delayed a trip to the dentist in the previous 12 months, with cost being the main barrier; and
(2) calls on the Government to legislate the inclusion of dental care into Medicare".
No-one held back and no-one left behind. As Prime Minister, I've worked every day to make that a reality.
The old-fashioned concept of base load power is proving to be more and more a thing of the past.
The office of Home Affairs Minister Peter Dutton was suspected of leaking information it was told was classified about the cost of medically evacuating refugees …
Early Childhood Education and Care (Three Day Guarantee) Bill 2025
We implore the Coalition to match Labor's $1bn 'building early education fund' to build more than 160 new childcare centres.
Fee Free TAFE has helped me by allowing me to study and pursue this career without the concern of whether or not I can even afford to study and change careers years after leaving high school …
Regional students face the extra costs of time, transport, distance, childcare, time away from work and other expenses … In such circumstances, education … often becomes a discretionary expense. Fee-Free TAFE has helped to alleviate this burden, enabling students to pursue their studies without having to choose between education and financial stability.
… it's a key principle and tenet of the Liberal Party: if you don't pay for something, you don't value it.
Regional Australia has given up on the Government, because this Government has given up on regional Australia.
This funding is a significant contribution to the enhancement and maintenance of our roads and will have a positive impact on our community. The commitment of your ministry to improving our road network is greatly appreciated.
That Members be discharged and appointed as members of certain committees in accordance with the following list:
Mr Pasin be discharged from the Standing Committee on Regional Development, Infrastructure and Transport and that, in his place, Mr Ramsey be appointed a member of the committee;
Mr Goodenough be discharged from the Joint Standing Committee on the National Capital and External Territories and that, in his place, Mr Caldwell be appointed a member of the committee;
Mr Goodenough be discharged from the Joint Committee of Public Accounts and Audit and that, in his place, Mrs Andrews be appointed a member of the committee; and
Mr Willcox be appointed a member of the Parliamentary Standing Committee on Public Works.
Health Legislation Amendment (Improved Medicare Integrity and Other Measures) Bill 2024
The House divided. [17:06]
(The Speaker—Hon. Milton Dick)
The House divided. [17:14]
(The Speaker—Hon. Milton Dick)
(1) Clause 2, page 2 (at the end of the table), add:
(2) Page 40 (after line 4), at the end of the Bill, add:
Schedule 4 — Additional amendments to improve medicare integrity
Part 1 — Amendments relating to administrative inquiries and recovery of overpayments
Division 1 — Administrative inquiries
Health Insurance Act 1973
1 After section 129AAC
Insert:
129AACA Notice to give information etc. relevant to Act administration
Chief Executive Medicare may require person to give information etc.
(1) If the Chief Executive Medicare reasonably suspects that a person has relevant material, the Chief Executive Medicare may, by notice in writing, require the person to give the relevant material:
(a) if the relevant material contains clinical details relating to an individual—to a specified APS employee in the Department who is a medical practitioner; or
(b) otherwise—to a specified APS employee in the Department.
Content of notice
(2) The notice must:
(a) specify all of the following:
(i) the relevant material;
(ii) the grounds on which the Chief Executive Medicare suspects that the person has the relevant material;
(iii) how the relevant material is to be given;
(iv) each person to whom the relevant material is to be given;
(v) the contact details of an APS employee in the Department who may be contacted in relation to the notice;
(vi) the period within which the person is required to give the relevant material; and
(b) contain a statement about the effect of section 129AACB (consequences of failure to give information etc. relevant to Act administration).
Period to comply with notice
(3) The period specified for the purposes of subparagraph (2)(a)(vi) must be a period ending at least 21 days after the day on which the notice is given.
(4) The Chief Executive Medicare may, in writing, extend the period within which the person is required to give the relevant material. The Chief Executive Medicare may do so before or after the end of the period.
Section not limited
(5) This section is not limited by:
(a) any other provision of this Act; or
(b) any provision of the Human Services (Medicare) Act 1973 or any other Act;
that relates to powers to require information, a document or a thing to be given.
Meaning of relevant material
(6) In this section, relevant material means information, a document or a thing that is relevant to the administration of this Act and includes information, a document or a thing that relates to:
(a) compliance with a requirement under this Act or an instrument made under this Act; or
(b) an amount paid under this Act; or
(c) a person's entitlement to a benefit or payment under this Act.
129AACB Consequences of failure to give information etc. relevant to Act administration
(1) A person contravenes this subsection if:
(a) the person is given a notice under subsection 129AACA(1) requiring the person to give information, a document or a thing; and
(b) the person fails to comply with the requirement within:
(i) if the Chief Executive Medicare has, under subsection 129AACA(4), extended the period specified in the notice—the extended period; or
(ii) otherwise—the period specified in the notice.
Strict liability offence
(2) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty: 30 penalty units.
Civil penalty
(3) A person is liable for a civil penalty if the person contravenes subsection (1).
Civil penalty:
(a) for an individual—30 penalty units; and
(b) for a body corporate—150 penalty units.
(4) Subsection (3) does not apply if:
(a) the contravention is brought about by:
(i) another person over whom the defendant has no control; or
(ii) a non-human act or event over which the defendant has no control; and
(b) the defendant could not reasonably be expected to guard against the contravention.
Note: A person who wishes to rely on this subsection in proceedings for a civil penalty order bears an evidential burden in relation to the matter in this subsection (see section 130H).
2 Section 129AAD (heading)
Repeal the heading, substitute:
129AAD Notice to produce documents relating to professional services
Division 2 — Recovery of overpayments
Health Insurance Act 1973
3 Subsection 129AAJ(3)
Omit "28", substitute "45".
4 Subsection 129AAJ(4)
After "must", insert ", unless the application has been withdrawn by the applicant".
5 After section 129AAJ
Insert:
129AAK Recovery of amounts — overpayments in general
Amounts recoverable under this subsection
(1) An amount is recoverable under this subsection, as a debt due to the Commonwealth, if:
(a) the amount was paid purportedly under this Act in respect of a professional service to a person who was not entitled to be paid the amount under this Act in respect of that professional service; or
(b) the amount was paid purportedly by way of benefit or payment under this Act to a person who was not entitled to be paid the amount under this Act by way of that benefit or payment; or
(c) the amount was paid purportedly by way of benefit or payment under this Act, and the benefit or the right to the payment was assigned other than in accordance with section 20A.
From whom the amount may be recovered
(2) The amount may be recovered from:
(a) if subsection (3) applies to the amount—the person mentioned in paragraph (3)(b), or the estate of that person; or
(b) otherwise—the person to whom the amount was paid, or the estate of that person.
(3) This subsection applies to the amount if:
(a) the amount was paid, purportedly by way of benefit or payment under this Act, in respect of a professional service; and
(b) a person:
(i) rendered or purportedly rendered the service; or
(ii) is identified, in a claim for benefit or payment under this Act, as having rendered the service; and
(c) the amount was not in fact payable in respect of the service because:
(i) at the time the service was rendered or purportedly rendered, the person, the service, or the rendering or purported rendering of the service, did not meet a requirement under this Act or an instrument made under this Act; or
(ii) the person, the service, or the rendering or purported rendering of the service, breached a contract between the person and the Commonwealth; or
(iii) the service was rendered or purportedly rendered by a person who was, at the time, partly or fully disqualified under this Act or an instrument or agreement made under this Act.
Note: For the purposes of paragraph (c), an example of an amount not in fact payable in respect of a professional service is a medical benefit that, in accordance with section 19AA, is not payable because the service was rendered by a medical practitioner who did not meet the requirements under that section.
Recovery does not preclude other enforcement actions
(4) The recovery, by the Commonwealth, of an amount recoverable under subsection (1) does not preclude any other action being taken under this Act or any other Act in relation to any non-compliance with a requirement under this Act, or an instrument made under this Act, that resulted in the amount being recoverable under subsection (1).
6 Section 129AC (heading)
Repeal the heading, substitute:
129AC Recovery of amounts — false or misleading information, failure to produce document etc.
7 Subsection 129AED(3)
After "section", insert "129AAK or".
Part 2 — Contingent amendments relating to recovery of overpayments
Division 1 — Amendments if Modernising My Health Record amendments commence before or at the same time as Part 1
Health Insurance Act 1973
8 Subsection 129AAI(1)
After "or (8)", insert ", 129AAK(1)".
9 After paragraph 129AEF(1)(a)
Insert:
(aaaa) an amount under subsection 129AAK(1) where any rights of review by the CEO under section 129AAJ have been exhausted or have expired;
10 Subsection 129AEG(1)
After "(a),", insert "(aaaa),".
Division 2 — Amendments if Modernising My Health Record amendments do not commence before or at the same time as Part 1
Health Insurance Act 1973
11 Subsection 129AAI(1)
Before "129AC(1)", insert "129AAK(1) or".
12 After paragraph 129AEF(1)(a)
Insert:
(aaaa) an amount under subsection 129AAK(1) where any rights of review by the Chief Executive Medicare (the CEO ) under section 129AAJ have been exhausted or have expired;
13 Subparagraph 129AEF(1)(aa)(i)
Omit "the Chief Executive Medicare (the CEO )", substitute "the CEO".
14 Subsection 129AEG(1)
After "(a),", insert "(aaaa),".
Division 3 — Amendments if Modernising My Health Record amendments commence after Part 1
Health Insurance Act 1973
15 Subsection 129AAI(1)
Omit "(8) or", substitute "(8),".
16 Paragraph 129AEF(1)(aaaa)
Omit "Chief Executive Medicare (the CEO )", substitute "CEO".
Part 3 — Use and derivative use immunity
Health Insurance Act 1973
17 At the end of subsection 106ZPQ(1)
Add:
Note: Under subsections 89B(2) and 105A(2), a person may be required to produce documents relevant to the Director's review of the provision of services by a person, and documents relevant to the referral made to the Committee.
18 Before subsection 106ZPQ(2)
Insert:
Use and derivative use immunity
19 Subsection 106ZPQ(2)
Omit all the words after "evidence against", substitute:
the person in any criminal or civil proceedings (including proceedings for the purposes of the National Law) other than the following:
(a) proceedings for an offence against subsection 106ZPN(1) (failing to produce documents or give information) or section 106ZPP (false or misleading documents);
(b) proceedings before a Committee or the Determining Authority;
(c) proceedings to recover an amount that is:
(i) recoverable under this Part as a debt due to the Commonwealth; or
(ii) otherwise required by or under this Part to be repaid to the Commonwealth;
(d) any other proceedings in relation to compliance with a requirement under this Part.
Note: For the purposes of subparagraph (c)(ii), an example of an amount required by or under this Part to be repaid to the Commonwealth is an amount that is to be repaid to the Commonwealth in accordance with a final determination under section 106TA.
20 At the end of section 106ZPQ
Add:
Admissibility of information passed on under certain provisions
(3) Subsection (2) does not prevent information, a document or other thing being admitted in evidence in proceedings against the person if:
(a) the information, document or other thing is obtained by:
(i) an appropriate person or body for the person (within the meaning of subsection 106XA(4)); or
(ii) the appropriate body, or one of the appropriate bodies, referred to in subsection 106XB(3) in relation to the person; and
(b) the information, document or other thing is obtained under subsection 106XA(2) or (3) or subsection 106XB(2); and
(c) the proceedings are for the purposes of the National Law.
Admissibility of certain derivative materials
(4) Subsection (2) does not prevent information, a document or other thing being admitted in evidence in proceedings against the person if the information, document or other thing:
(a) is not a document produced under subsection 89B(2) or 105A(2); but
(b) is, as a result of the production of a document under subsection 89B(2) or 105A(2), created or obtained by:
(i) an appropriate person or body for the person (within the meaning of subsection 106XA(4)); or
(ii) the appropriate body, or one of the appropriate bodies, referred to in subsection 106XB(3) in relation to the person.
21 Application provision
The amendments madeby this Part to section 106ZPQ of the Health Insurance Act 1973 apply in relation to the admission of the following in any criminal or civil proceedings instituted on or after the commencement of this Part:
(a) a document produced before, on or after that commencement under subsection 89B(2) or 105A(2) of that Act;
(b) information, a document or other thing created or obtained before, on or after that commencement as a result of the production of a document before, on or after that commencement under subsection 89B(2) or 105A(2) of that Act.
Part 4 — Transitional rules for amendments made by this Schedule
22 Transitional rules
The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the enactment of this Schedule.
That this bill be now read a third time.
Scams Prevention Framework Bill 2024
I was getting nowhere going through the bank fraud people. So I thought, it's a lot of money, I want to try as hard as I can to be recompensed for something. So I went to my member of Parliament, who I vote for and always will!—
I've been astounded at the result. I didn't know members of parliament had such contacts.
She's not easily fooled and has been caught at a moment of vulnerability.
Banks in Australia are institutions of immense wealth and status. They exercise a very powerful role in our society …
It follows … that community expectation is for the highest standards of professionalism. To me, this would extend to exceeding minimum standards which are seemingly no longer fit for purpose, and crucially being proactive in responding to changing circumstances, in particular to the increased occurrence and destructive effects of scams, as well as being responsive to the needs and vulnerabilities of elderly customers, by ensuring the most effective, best-designed systems of protection are in place.
The core objectives of the government's policy response would be to both reduce scam harms and align the benefits and costs of scam prevention.
That for Wednesday, 5 February 2025:
(1) standing order 33 (limit on business after normal time of adjournment) be suspended;
(2) so much of the standing and sessional orders be suspended as would prevent the following from occurring in relation to business:
(a) in the House, notwithstanding standing order 31, at 8pm the adjournment debate being interrupted and government business having priority until:
(i) business concludes, if earlier than 10pm;
(ii) 10 pm; or
(iii) a later time specified by a Minister prior to 10 pm;
at which point, the debate being adjourned and the House immediately adjourning until Thursday, 6 February at 9 am;
(b) in the Federation Chamber, government business being given priority until the Federation Chamber adjourns at approximately 9.30 pm; and
(3) any variation to this arrangement being made only on a motion moved by a Minister.
Scams Prevention Framework Bill 2024
The DEPUTY SPEAKER ( Mrs Archer ) took the chair at 09:30.
Criminal Code Amendment (Hate Crimes) Bill 2024
Many of the anti-Israel demonstrations have been caused by a distortion of history … It's a misunderstanding about how Israel came into existence. It's a misunderstanding about the nature of the conflict … And because of that, I think particularly young people are developing views about this which are unbalanced and really not informed by the history in any way.
The Holocaust, of course, teaches us where antisemitism leads if it's not confronted. That is the history of Germany before the war. It didn't happen all at once … These things happened step at a time. So given we've seen that history, we're in a position when we see the first few steps to say: 'No. No more.' Let's start combating that now rather than watch this history just play out.
We've seen a significant rise in antisemitism … It remains our biggest concern.
No-one in Australia should be targeted because of who they are or what they believe.
Zionism is the belief that Jews have the right to self-determination in their own country.
Anti-Zionism, in its proper def'n says that Jews, alone in the world, should not have their own nation state.
Far right hate and extremism is on the rise. Women wearing the hijab have been assaulted by men in the street, while men wearing the kippah have been met with the white power salute. We have seen rallies held against trans rights, and neo-nazis intimidating refugee activists.
… articulating … limitations on multiple rights could be navigated in a more coherent way through a federal Human Rights Act and Human Rights Framework. In the absence of a Human Rights Act … assessments for Bills … are being conducted in a legislative vacuum.
… while attitudes to Australia's Muslim and Jewish communities is a particular area of concern, relations towards and across all faiths appear to be under pressure.
… there remains an environment of relative impunity with respect to the promotion, advocacy or glorification of racial and religious hatred and violence …
… there are significant limitations on the role of criminal law an instrument of social policy.
Social cohesion is both a gift and a challenge. Building it requires risk, and maintaining it requires crossing lines.
93Z Offence of publicly threatening or inciting violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status
(1) A person who, by a public act, intentionally or recklessly threatens or incites violence towards another person or a group of persons on any of the following grounds is guilty of an offence—
(a) the race of the other person or one or more of the members of the group,
(b) that the other person has, or one or more of the members of the group have, a specific religious belief or affiliation …
I'm elated. It's a day of courage, it's a day of resistance, it's a day of pride, it's a day of victory.
Thanks Z. But what I really need is some law enforcement to create a deterrent. The fact that this happened the day after a ceasefire agreement was announced shows this has little to do with the Middle East and is anti-semitism pure and simple. I am not hiding. I am angry.
My family member goes to school there and is already terrified. Last night another family member called in a panic to check we were ok, as she saw a whole lot of police and ambulances heading in the direction of Dover Heights.
What it shows is that the fears that a lot of Australians in the Jewish community have are not always unfounded.
First they came for the socialists, and I did not speak out—because I was not a socialist.
Then they came for the trade unionists, and I did not speak out—because I was not a trade unionist.
Then they came for the Jews, and I did not speak out—because I was not a Jew.
Then they came for me—and there was no one left to speak for me.
Bob Hawke is remembered as the one who said "If the bell tolls for Israel, it tolls for all mankind.
I don't profess to be a qualified historian, but generally my reading has led me to conclude the history of Judah and Israel long pre-dates the advent of Islam. For millennia pre-dating Mohammad, Jews, predominated in the area and were dispersed around the world through the later days of the Roman Empire and by local attacks through the middle-ages. In their place Arab tribes became the predominate culture even though a significant Jewish population remained.
The world was collectively horrified by the unbelievable murder of six million Jews under Hitler in WW2 and its aftermath decided to partition British administered Palestine (a consequence of WW1) into two independent states, one Jewish, one Arab. Israel proclaimed its independence under this authority and was immediately attacked by its Arab neighbours and in response expanded its land base to develop buffers.
Other wars have followed, and Israel has always prevailed. I make the point; as long as its neighbours (Hamas, Hezbollah, Iran, Syria)—
deny its right to exist, the first war Israel loses will be its last.
More wars and interactions have followed, and Israel had taken to developing Jewish settlements in Gaza. In 2005, under a negotiated settlement they completely withdrew and handed control to Fatah. It was all to no avail! Fatah was subsequently defeated by Hamas in an election, a civil war broke out which resulted in Hamas becoming the governing force in Gaza. There has not been an election since!
Hamas totally denies Israel's right to exist and over the next 16 years built a military machine designed to eliminate Israel.
On Oct 7th 2023, Hamas launched a surprise attack on Israel, not on the military establishment, but specifically targeting defenceless civilians at a music festival. Hamas soldiers butchered 1200 civilians including children, they committed despicable crimes of torture, rape and abuse, they then abducted a further 240 defenceless civilians and took them hostage. This was an inhuman act, and they should not have been surprised at Israel's response. What would we expect our government to do if we were attacked in a similar manner?
It is my opinion Hamas wanted a strong response from Israel holding the view they could escalate their action into a wider regional war against Israel. They hold their own people in contempt by hiding their military and its firepower within civilian infrastructure like schools and hospitals. If the completely one-sided votes supported by the Australian government in the UN, calling for an immediate cease-fire and conditional release of hostages and with no guarantees for Israel had been observed, as they called for, Israel would not have incapacitated Hezbollah over the northern border in Lebanon.
Perhaps this time it will allow the Lebanese to take control of their country, not Iran. That would be an excellent outcome and we should all applaud.
During the conflict Iran attacked Israel with 3000 missiles in a day. Israel's response was largely to destroy Iran's air force—that can only be a good thing. Along with the depleting of Hamas these three events led to Iran's inability to protect the murderous Assad regime in Syria and again there, we can only hope his removal will allow for a proper and compassionate government to form, one that does not use chemical and biological weapons against its own people. Once again, we should all applaud.
None of this would have been possible if the Albanese Government had its way in the UN.
… to the increasing prevalence of hate speech and hateful conduct in our society—