The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 09:30, read prayers and made an acknowledgement of country.
Native Title Amendment (Indigenous Land Use Agreements) Bill 2017
(1) Schedule 1, item 4, page 3 (lines 23 and 24), to be opposed.
(2) Schedule 1, item 6, page 4 (lines 7 and 8), to be opposed.
(4) Schedule 1, item 11, page 6 (line 28) to page 7 (line 11), to be opposed.
… subject to paragraph 2.75, that proposed amendments to sections 251A and 251B of the Native Title Act 1993 be removed from the current bill and dealt with in any later bill involving government proposals arising from the Australian Law Reform Commission report …
The issue needs to be fixed and will be fixed.
One further matter raised by the committee which I want to comment on is the status of what are known as section 31 agreements under the Native Title Act following the McGlade decision. Section 31 agreements are another way that agreements can be made under the act through the right to negotiate procedure. While the McGlade decision did not involve these types of agreements, stakeholders have raised concerns about the potential that these agreements could be challenged. However, as agreements made under the right to negotiate procedure have different requirements to ILUAs, the government will consider these matters further and will consider the ramification of McGlade on the right to negotiate procedure more closely with stakeholders before making amendments to the law.
Native Title Amendment (Indigenous Land Use Agreements) Bill 2017
(Government)
(3) Schedule 1, item 9, page 5 (line 26), after "native", insert "title".
(1) Schedule 1, item 9, page 5 (after line 26), after subitem (1), insert:
(1A) This item also applies if:
(a) paragraphs (1)(a) and (b) apply to an agreement; and
(b) the agreement was not an indigenous land use agreement (within the meaning of that section) only because:
(i) if there was only one registered native title claimant in relation to land or waters in the area—none of the persons who comprised that registered native title claimant was a party to the agreement; and
(ii) if there was more than one registered native title claimant in relation to land or waters in the area—for any registered native title claimant, none of the persons who comprised that registered native title claimant was a party to the agreement; and
(c) the agreement was registered on the Register of Indigenous Land Use Agreements on or before 2 February 2017.
This information was provided in good faith by the National Native Title Tribunal and should be treated as sensitive. A more extensive review of the ILUA register and each ILUA would need to be conducted to confirm these figures.
(1) Schedule 1, item 9, page 5 (line 26), at the end of subitem (1), add:
; and (e) the agreement was registered on the Register of Indigenous Land Use Agreements on or before 2 February 2017.
(2) Schedule 1, item 9, page 5 (lines 30 to 32), omit “Without limiting subitem (2), if on or before 2 February 2017 the agreement was registered on the Register of Indigenous Land Use Agreements, then the”, substitute “The”.
(5) Schedule 1, item 12, page 7 (lines 13 to 16), omit subitem (1), substitute:
(1) This item applies to an agreement if, if the agreement had been registered on the Register of Indigenous Land Use Agreements on or before 2 February 2017, item 9 would have applied to the agreement except for the application of subitem 9(4).
(3) Schedule 1, item 10, page 6 (lines 11 to 27), to be opposed.
(4) Schedule 1, item 11, page 6 (line 28) to page 7 (line 11), to be opposed.
The committee divided. [11:50]
(The Chair—Senator Lines)
That this bill be now read a third time.
The Senate divided. [12:00]
(The Deputy President—Senator Lines)
Social Services Legislation Amendment (Seasonal Worker Incentives for Jobseekers) Bill 2017
In the past 15 years the average gap has widened between the actual working hours of young underemployed people and the hours they would like to work.
The growing number of young people combining study with work does not explain the rise in underemployment—
… the rise in the percentage of casual and part-time jobs has mostly been among young workers who are not studying.
He currently works 10-20 hours a week in retail on the Gold Coast but is desperately trying to find a full time job. James says he applies for 30 jobs per month, and that it's not unusual for him to fill out a dozen applications in a morning.
At the end of the motion, add "but the Senate calls on the Governent to broaden this policy to all recipients of an unemployment payment by implementing an income bank of $4000 that accrues over time for Newstart and Youth Allowance (Other) payments".
The Senate divided. [12:42]
That this bill be now read a third time.
Enough is enough. It is our time to be heard. Here is our time for justice, now.
Our son is autistic and our son has been physically and sexually abused. What you need to understand is autistic people don't lie. So when they tell these stories, you need to listen, you need to really listen and make sure that these people know that they're being heard.
I actually feel that things are getting worse not better. It is an issue of critical, urgent and national significance.
The committee recommends that a Royal Commission into violence, abuse and neglect of people with disability be called, with terms of reference to be determined in consultation with people with disability, their families and supporters, and disability organisations.
Only a royal commission can provide a just response to people with disability who have been denied justice for so long.
… what the Turnbull government is committed to doing is to put the climate wars behind us …
… the price of electricity has been going up in recent times. It is projected to continue to go up and up and up if we do nothing.
This is the first time a government in this country has drawn a line in the sand, removed the funding anomalies and got everybody on the same page.
Gonski 2.0 delivers what the Gonski report wanted: an accountable, transparent, equitable, sector-blind funding formula.
That the Senate take note of the answers given by the Attorney-General (Senator.Brandis) to questions without notice asked by Opposition senators today relating to the final report of the Independent Review into the Future Security of the National Electricity Market
That the Senate take note of the answer given by the Minister for Employment (Senator.Cash) to a question without notice asked by Senator McKim today relating to settlement of a legal case concerning the Manus Island immigration detention centre.
That consideration of the business before the Senate on Wednesday, 21 June 2017, be interrupted at approximately 5 pm, but not so as to interrupt a senator speaking, to enable Senator Gichuhi to make her first speech without any question before the chair.
That—
(a) so much of the standing orders be suspended as would prevent the succeeding provisions of this resolution having effect;
(b) on Wednesday, 14 June 2017, the business of the Senate order of the day proposing the disallowance of the Family Law (Superannuation) (Provision of Information—Military Superannuation and Benefits Scheme) Amendment Determination 2016, standing in the names of Senators Kakoschke-Moore and Lambie, for that day be called on no later than 6.15 pm; and
(c) if consideration of the motion listed in paragraph (b) is not concluded at 6.30 pm, the questions on the unresolved motion shall then be put.
That the following matter be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and report by 4 December 2017:
The implications of climate change for Australia's national security, with particular reference to:
Productivity Commission Amendment (Addressing Inequality) Bill 2017
That the following bill be introduced: A Bill for an Act to amend the Productivity Commission Act 1998 , and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bills be now read a second time.
PRODUCTIVITY COMMISSION AMENDMENT (ADDRESSING INEQUALITY) BILL 2017
Economic inequality in Australia is on the rise.
The share of national income going to the top one percent of earners is now higher than it has been at almost any time in the last seventy five years. Over the past four decades, real earnings for the top ten percent have risen nearly four times faster than they have for the bottom ten percent.
Whilst it is true that this growing inequality has come against a backdrop of rising living standards for much of the Australian community, this should not alleviate our concerns. A deeply unequal society, as exists in some other countries, would be at odds with the ethos of egalitarianism that underpins Australia's national story.
Economic inequality, whether income or wealth inequality, can ultimately manifest itself as an unacceptable inequality of outcomes and opportunities for members of the Australian community.
Economic inequality can foreclose educational opportunities to talented children from
underprivileged backgrounds, and health care options to the elderly. It can lead to social dislocation as insecurity of work or housing forces parents to move frequently, and children to bounce between schools.
Furthermore, economists have identified a connection between the inequality of a society and its intergenerational mobility, a relationship dubbed the "Gatsby Curve". The more unequal a society, the less likely children are to be able to do better than their parents.
Economic inequality is not just a social justice issue - it is also a macroeconomic issue. Research by the Organisation for Economic Co-operation and development (OECD) estimates that income inequality in the twenty years from 1985 to 2005 reduced economic growth in the OECD zone by almost five percent. Institutions including the International Monetary Fund (IMF) have found that inequality can warp patterns of demand and consumption, and can prevent talented individuals from participating to their full extent in the economy, affecting productivity and growth.
The Productivity Commission (the Commission) should play a role in addressing this.
The purpose of the Productivity Commission Amendment (Addressing Inequality) Bill 2017 is to empower the Commission to improve the quality of information and analysis available about economic inequality in Australia, and to ensure that proper consideration is given to inequality in the public debate about economic policy
It does this in two ways.
First, the Bill establishes inequality as a mandatory consideration for the Commission.
It should be noted that inequality has not been ignored by the Commission. Its reports often contain analysis on inequality, and it has produced standalone research on income distribution in Australia.
However, it is important that responding to inequality is fixed as a permanent and inescapable part of the mandate of the Commission. The Commission is more than just an advisory body. Its work helps set the national agenda, and is often relied upon as a basis for substantial policy changes. This was seen recently, for instance, with the reliance on the Commission's Report on Workplace Relations in the Fair Work Commission's 2017 decision on Penalty Rates. Consideration of inequality should be a part of its work.
A requirement to consider inequality would not be out of place in the Commission's governing legislation. Section 8 of the Productivity Commission Act 1998 as it presently stands sets out general policy guidelines for the Commission; including the considerations the Commission must have regard to in the exercise of its functions. These include a wide variety of social, environmental, and economic considerations, such as:
The Bill adds a further consideration to this list: the need to mitigate the negative effects of inequality on the Australian economy and the Australian community.
Second, the Bill establishes a framework for the Commission to regularly research and report on economic inequality in Australia.
The timeline for the Commission to produce Inequality Reports is linked to the Intergenerational Reports that are produced every five years by the Parliamentary Budget Office. This because the release of the Intergenerational Report poses an opportunity for longer term thinking by the government and other participants in policy debates. Long term thinking and policy making on social issues would be helped by an understanding of the state of inequality in Australia.
An Inequality Report would have three key roles.
An Inequality Report would assess the extent of economic inequality in Australia. The Commission would be responsible for establishing reliable and consistent measures for economic inequality. These measures should together be capable of describing the different dimensions of economic inequality, such as geography, gender, age, and other relevant dimensions. Regular and sound measurement is essential if inequality is to be addressed. Not only can governments struggle to respond effectively if the problem is not measured, but the community at large may remain unware of the extent of the problem all together.
An Inequality Report would also assess the effects of economic inequality on different aspects of Australia's society and economy. As discussed earlier, there is a connection between inequality and growth. In producing its report, the Commission would consider the extent to which economic performance has been affected by inequality. Economic inequality also presents across multiple vectors of disadvantage. In practice, economic inequality means inequality of social, educational and other outcomes and opportunities. The Commission would consider these effects of economic inequality, as well as considering how economic inequality affects intergenerational mobility.
Finally, an Inequality Report would assess the effect of existing government programs on economic inequality. Consideration and evaluation of existing policy setting is a critical part in the policy development cycle.
This Bill provides policy makers with additional tools to address inequality, and provides the public with the information to hold them to account if they do not.
I commend the Bill to the Senate.
That the Senate—
(a) notes that the Government cut all 27 Australian Federal Police (AFP) staff from Hobart International Airport in the 2014-15 Budget, leaving Hobart as the only capital city airport in Australia without an AFP presence;
(b) further notes that the Government in the 2017-18 Budget locked in a $184 million funding cut to the AFP over the forward estimates, and formalised the reduction of 150 staff in the upcoming year alone – no funding was provided for the restoration of staff in Hobart;
(c) acknowledges that concerns have previously been raised by the Tasmanian Government, Tasmania Police, and the Police Union about the withdrawal of the AFP in Hobart and that Tasmania Police want the presence restored; and
(d) calls on the Government to explain why it believes that Hobart International Airport is the only capital city airport in Australia which does not require an AFP presence, explain the factual basis for its decision to withdraw those police, and outline the steps that it is taking to ensure safety and security at Hobart International Airport is not compromised.
That general business notice of motion no. 2 standing in my name for today, relating to the reference of a matter to the Education and Employment References Committee (Penalty Rates) be postponed until the next Monday of sitting.
That the time for the presentation of the report of the Parliamentary Joint Committee on Corporations and Financial Services on whistleblower protections be extended to 17 August 2017.
That the resolution of 29 November 2016 appointing the Select Committee on Strengthening Multiculturalism be amended as follows:
Omit paragraph (9), substitute:
(9) That the committee have power to appoint subcommittees consisting of three or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to consider.
(9A) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.
That there be laid on the table by the Minister representing the Minister for the Environment and Energy, by no later than 9.30 am on 21 June 2017, the following documents held by the Department of the Environment and Energy: any nominations submitted seeking revised listing of the Leadbeater's Possum (Gymnobelideus leadbeateri) under the Environment Protection and Biodiversity Conservation Act 1999, including the completed nomination form(s) received.
That there be laid on the table, by the Minister for Defence, by no later than 12.30 pm on 20 June 2017, the following documents regarding the Defence site Maribyrnong:
(a) the consultant report referred to by the Minister for Defence at the estimates hearing on 29 May 2017 of the Foreign Affairs, Defence and Trade Legislation Committee regarding the sale and proposed capacity of 6,000 dwellings for the site; and
(b) any correspondence between the Department of Defence or the Minister for Defence and her office and Australia Zhongren Enrichment Holding Pty Ltd or associated entities.
(c) any property contamination profile or related documents held by the Department of Defence;
(d) any correspondence by or to the Department of Defence or the Minister for Defence and her office regarding the cost of site remediation or decontamination; and
(e) any correspondence by or to the Department of Defence or the Minister for Defence and her office regarding advice on the number of houses that could be built on the land and potential congestion and urban planning issues including schools, child care, medical centres, amenities and the environment.
That the following matter be referred to the Economics References Committee for inquiry and report by 7 December 2017:
The governance and operation of the Northern Australia Infrastructure Facility (NAIF), with particular reference to:
(a) the adequacy and transparency of the NAIF's governance framework, including its project assessment and approval processes;
(b) the adequacy of the NAIF's Investment Mandate, risk appetite statement and public interest test in guiding decisions of the NAIF Board;
(c) processes used to appoint NAIF Board members, including assessment of potential conflicts of interest;
(d) the transparency of the NAIF's policies in managing perceived, actual or potential conflicts of interest of its Board members;
(e) the adequacy of the Northern Australia Infrastructure Facility Act 2016 and Investment Mandate to provide for and maintain the independence of decisions of the Board;
(f) the status and role of state and territory governments under the NAIF, including any agreements between state and territories and the Federal Government; and
(g) any other related matters.
The Senate divided. [15:54]
(The President—Senator Parry)
That the Senate—
(a) notes:
(i) the rapid increase in the use of electronic communication technology in recent decades, including in commerce,
(ii) that access to electronic communication technology differs between Australians, and is often related to income, age, education level and remoteness,
(iii) that not all Australians have the skills and infrastructure to communicate effectively via electronic channels,
(iv) that many businesses, including banks, telecommunications companies and utilities, charge consumers an extra fee to receive communications via post, and
(v) that often the fee charged by companies to receive communications by post is intended as a disincentive, and does not represent the actual cost incurred by the company; and
(b) calls on the Government to bring forward legislation that will give consumers the right to receive communications from companies by post for no extra fee.
The Senate divided. [15:59]
(The President—Senator Parry)
That there be laid on the table, by the Minister representing the Minister for Agriculture and Water Resources, by close of business on 20 June 2017, a copy of the draft or any other version of the Export Control (Animals) Amendment (Equine Animals) Order 2017 (the Equine Amendment Order) and all documents by or held by the Department of Agriculture and Water Resources and/or the Minister's office, including risk assessments, advice, emails, minutes or other information relating to the live export of equines including, but not limited to, consideration of the trade's cruelty to animals and any reputational risk to all those involved.
The Senate divided. [16:04]
(The President—Senator Parry)
That the Senate—
(a) notes:
(i) the drug testing trial of 5,000 people applying for income support announced in the 2017-18 budget,
(ii) that the Government may require an exemption from the Disability Discrimination Act 1992 to enact this measure,
(iii) that, in 2013, a position paper by The Australian National Council on Drugs, found there would be serious ethical and legal problems with implementing a drug testing program for income support recipients in Australia,
(iv) that both the United Kingdom and Ontario, Canada stepped away from proposals for drug testing income support recipients because it was rejected by experts as being discriminatory or imposing unfair conditionality, and
(v) that, from 2011 to 2014, only two people out of 108 408 tested in Arizona, USA had a positive drug test; and
(b) calls on the Government to abandon this budget measure.
The Senate divided. [16:09]
(The President—Senator Parry)
That the Senate—
(a) congratulates the Government on its delivery of the Naval Shipbuilding Plan;
(b) notes that the Naval Shipbuilding Plan re-affirms the Government's commitment to invest $89 billion in naval capability across:
(i) 12 Future submarines,
(ii) 9 Future frigates,
(iii) 12 offshore patrol vessels, and
(iv) up to 21 pacific patrol boats;
(c) notes that, through this shipbuilding plan, the Government will help create 5,200 direct jobs in construction activities, and more than double this number in the supply chain and sustainment activities – over 15,000 personnel will ultimately be directly or indirectly employed in the naval shipbuilding enterprise;
(d) notes that four key enablers are required to implement the Government's Naval Shipbuilding Plan:
(i) modern, innovative and secure naval shipbuilding infrastructure,
(ii) workforce growth and development,
(iii) a sustainable and cost-competitive Australian industrial base, and
(iv) a national collaborative approach; and
(e) notes that a national naval shipbuilding enterprise is required to deliver on our national endeavour to build and sustain Australia's naval capabilities, creating Australian jobs and opportunities for Australian industry.
(f) notes that stakeholders have raised the issue of local content and capability development throughout the Senate inquiry into the future of Australia’s naval shipbuilding industry;
(g) calls on the Government to ensure that prime contractors facilitate the integration of Australian businesses into global supply chains; and
(h) calls on the Government to use the Naval Shipbuilding College to work constructively with business, unions and communities to transition and, where necessary, re-train displaced auto workers and workers along the supply chain, including working with TAFEs around the country to provide skill development for Australia’s naval shipbuilding industry.
That the Senate—
(a) notes reports, arising from a joint investigation by the ABC Four Corners program and Fairfax Media, broadcast on 5 June 2017 regarding the increasing influence of the People's Republic of China in Australia's political system and within academia; and
(b) calls on the Prime Minister to request His Excellency the Governor-General issue Letters Patent to establish a royal commission into the following:
(i) the influence of foreign agents in offering direct or indirect benefits to politicians, political parties, governments and academia with a view to influencing decisions or other actions by those recipients to be in accord with the view of foreign governments, including, but not limited to, the Chinese Communist Party, and
(ii) possible reforms to preserve the sovereignty, transparency and integrity of Australian democracy.
That the Senate—
(a) notes reports, arising from a joint investigation by the ABC Four Corners program and Fairfax Media, broadcast on 5 June 2017 regarding the increasing influence of the People's Republic of China in Australia's political system and within academia; and
(b) calls on the Prime Minister to request His Excellency the Governor¬-General issue Letters Patent to establish a royal commission into the following:
(i) the corrupting influence of large political donations on the transparency and integrity of Australian democracy
The Senate divided. [16:26]
(The President—Senator Parry)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The need to limit the number of new dwellings which can be purchased be foreign non-residents.
I rise to speak to the tabling of the Parliamentary Joint Committee on Human Rights' Human Rights Scrutiny Report 5 of 2017 .
In accordance with the committee's legislative mandate under section 7(a) of the Human Rights (Parliamentary Scrutiny) Act 2011 the committee examines the compatibility of recent bills and legislative instruments with Australia's obligations under international human rights law.
A key purpose of the scrutiny report is to provide parliament with credible analysis about the human rights implications of legislation. The report is therefore a technical examination and does not assess the broader merits or policy objectives of particular measures.
The committee receives legal advice in relation to the human rights compatibility of legislation. It is served by an external legal adviser to the committee and secretariat staff.
Committee members performing a scrutiny function are not, and have never been, bound by the contents or conclusions of scrutiny committee reports. Like all parliamentarians, committee members are free to engage in debates over the policy merits of legislation according to the dictates of party, conscience, belief or outlook. Scrutiny committee members may, and often do, have different views in relation to the policy merits of legislation.
The vast majority of new bills considered in this report – thirty four – were assessed as promoting human rights, permissibly limiting human rights or not engaging human rights. These thirty four bills are therefore listed as raising no human rights concerns.
The committee is also seeking further information from legislation proponents in relation to five bills and legislative instruments. The committee requests additional information where a statement of compatibility has not adequately addressed human rights matters.
A comprehensive statement of compatibility not only assists legislation proponents to think through the impact of the legislation on human rights, but may also permit the committee to conclude that a measure constitutes a permissible limitation on human rights.
For example, a new bill which could be classified as raising no concerns was the Education Legislation Amendment (Provider Integrity and Other Measures) Bill 2017, which increased compliance requirements in the vocational education and training sector. The statement of compatibility clearly acknowledged potential limitations to the rights to education, work and privacy, but provided enough information to justify these limitations under human rights law.
I encourage my fellow senators and others to examine the report to enhance their understanding of the committee's work.
With these comments, I commend the committee's Report 5 of 2017 to the Senate.
That the Senate take note of the report.
That senators be discharged from and appointed to committees as follows:
Environment and Communications Legislation Committee—
Appointed—
Substitute member: Senator Paterson to replace Senator Reynolds for the committee’s inquiry into the Australian Broadcasting Corporation Amendment (Restoring Shortwave Radio) Bill 2017 on Friday, 16 June 2017
Participating member: Senator Reynolds
Treaties—Joint Standing Committee—
Discharged—Senator Hanson-Young
Appointed—Senator Ludlam.
Criminal Code Amendment (Protecting Minors Online) Bill 2017
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
This Government is committed to preventing harm to children, both in person or online. Such harm, including sexual exploitation of children, is devastating to the children involved, their families, and their communities.
The introduction of the Protecting Minors Online Bill follows the murder of 15 year old Carly Ryan by a 50 year old man who posed online as a teenage boy.
2017 marks the 10 year anniversary since this tragic event and Carly's mother has worked tirelessly since then to protect children online. Through the introduction of this Bill, Carly's mother has achieved the outcome of a law to better protect young Australians in the online world. I am proud to have worked with Sonya Ryan to develop a measure that is effective and recognises Carly's legacy. I would also like to acknowledge the work and support that the Senator Nick Xenophon and his Team has provided in the development of this Bill.
The Government has a duty to ensure that, with ever evolving technology and expanding communication methods, Commonwealth laws provide a deterrent and a sound basis for prosecuting offenders who would do children harm.
The Protecting Minors Online Bill sends a clear message: this behaviour will not be tolerated. Australian children must be safe to grow, explore and develop online as 'in real life', and we will protect these spaces for them.
Rapidly evolving technologies and the anonymity that the internet provides have resulted in unprecedented opportunities for harm to and sexual exploitation of children. Our laws need to keep pace with the speed of technological change and the way that technology is used. This government has a demonstrated history of protecting children online through the enactment of a range of offences directed at the use of carriage services, such as the internet and mobile phones, for the sexual exploitation of children.
The Bill represents a further step to protect Australian children from those who would do them harm.
The introduction of the Bill improves protection of children online by introducing a new offence that complements existing online child sex offences for preparatory conduct, including grooming or procuring a child for sexual activity. The Bill extends the criminalisation of the use of the internet and social media as a forum for predators to groom or procure our children to engage in sexual activity to a broader range of conduct.
This offence builds upon the proactive policing of online child sex offences, allowing law enforcement to take action against online predators sooner and with greater consequence.
The Bill introduces a tough new offence for adults preparing or planning to cause harm to, procure, or engage in sexual activity with a child and may be punished by up to 10 years imprisonment. Importantly, this will include those who misrepresent their age as a step towards causing harm to a child.
Conclusion
This Bill will ensure young Australians have greater protection from online predators and serve as a significant deterrent to those who would do them harm.
Enhancing Online Safety for Children Amendment Bill 2017
Ozone Protection and Synthetic Greenhouse Gas Management Legislation Amendment Bill 2017
Treasury Laws Amendment (GST Low Value Goods) Bill 2017
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
ENHANCING ONLINE SAFETY FOR CHILDREN AMENDMENT BILL 2017
The Enhancing Online Safety for Children Amendment Bill contains important amendments to implement the Government's announcement of 23 November 2016 to broaden the general functions of the Children's eSafety Commissioner to cover online safety for all Australians, not just Australian children.
The Bill will also change the name of the Children's eSafety Commissioner (the Commissioner) to the eSafety Commissioner, to reflect the expanded general functions.
The expansion of the Commissioner's general functions, as proposed by the Bill, will allow the Commissioner to take on a broader online safety role and carry out important work on the Government's election commitments relating to women's safety and to online safety for older Australians.
The Bill amendments address feedback received by the Government that adult members of the public are not aware that they can go to the Children's eSafety Commissioner for assistance with concerns around illegal or offensive online content, the sharing of intimate images without consent – commonly referred to as 'revenge porn', or for general advice about how to manage technology risks and online safety.
There are already a broad range of existing functions performed by the Commissioner that go beyond online safety for children. The Commissioner has a wealth of expertise in technology use and in developing educational, promotional and community awareness programs on online safety for children for a wide range of audiences.
Expanding the Commissioner's role and changing the name of the Children's eSafety Commissioner to the eSafety Commissioner will make it easier for the public to identify where they can seek assistance and advice in relation to a range of online safety issues, irrespective of age.
The Bill will make minor consequential amendments to five other Acts to reflect the change to the Act's short title and the change in name of the statutory office of the Commissioner. These Act are:
The Commissioner's responsibilities for administering the online content scheme under the Broadcasting Services Act 1992 remain unchanged by the Bill. The statutory scheme for complaints about cyberbullying material on social media services will also remain unchanged and will continue to only relate to material that is targeted at, and harmful to, an Australian child.
The statutory office of the Children's eSafety Commissioner has been in place since 1 July 2015. The office was created by the Enhancing Online Safety for Children Act 2015 .
The Office of the Children's eSafety Commissioner has been a huge success by any measure and the Government is looking to build upon this success and help to improve the online experiences of all Australians.
Achievements of the Office of the Children ' s eSafety Commissioner
Since its establishment, the Office of the Children's eSafety Commissioner has:
The Office's role has already expanded since its establishment, recognising that staff have a wealth of expertise in all areas of online safety which should be put to good use.
For example, in December 2015 the functions of the Commissioner were expanded to include online safety for women at risk of domestic violence.
The Commissioner also manages the existing eSafetyWomen website, established with a $2.1 million funding commitment from the Government's Women's Safety Package announced in September 2015.eSafetyWomen offers a range of resources to help women manage technology risks and abuse by giving them the tools and information they need to encourage confidence and safety online.
The Government recognises that there are other groups within the community that can benefit from the expertise of the Commissioner's office.
Prior to the 2016 federal election, the Government committed to provide additional support for victims of non-consensual sharing of intimate images – commonly referred to as 'revenge porn', and to improve the digital confidence and online safety of older Australians.
Improving the digital confidence and skills of older Australians
The Government is committed to ensuring older Australians have the digital skills and knowledge to take advantage of new technology and stay connected with loved ones online.
Around 80 per cent of Australians own a smartphone and thousands more own a tablet and other smart devices.
Despite this strong take-up, only around 20 per cent of older Australians own a smartphone. Older Australians often cite a lack of confidence and knowledge as one of the key reasons for not participating online.
The Turnbull Coalition is committed to bridging this digital divide. The Government is investing $50 million to improve the digital literacy of older Australians and improve their safety online.
The Children's eSafety Commissioner is working with the Department of Social Services to develop a digital inclusion and online safety strategy for older Australians.
Like many Australians, face-to-face contact remains an important form of engagement for older Australians. But the convenience of technology provides an additional avenue to keep older Australians connected, especially to family and friends.
The Government is ensuring that older Australians who have access to existing devices will be supported to learn how to take full advantage to keep in touch and stay connected.
Smart devices provide unparalleled opportunities for older Australians to continue to participate fully in our society. They provide opportunities for grandparents to stay connected to their families and grandchildren, and for older Australians to retain their independence.
The Government will leverage existing community infrastructure such as libraries, retirement villages, community centres, and aged care facilities to support older Australians develop the confidence and skills they need to stay connected.
This Government's measures will include:
The Turnbull Coalition is committed to supporting older Australians and ensuring they have the skills to participate in our modern digital economy.
Additional support for victims of non-consensual sharing of intimate images
The Coalition's commitment to keeping women and children safe from domestic and family violence is comprehensive, multi-faceted and unwavering.
The Government recognises that the sharing of intimate images without consent, commonly referred to as 'revenge porn', is emerging as an issue of great concern in the community.
That's why this Government has put the issue on the Council of Australian Governments' agenda to ensure that the Commonwealth and states and territories are working together to ensure there is a coordinated approach.
The Government will also conduct a public consultation process on a proposed civil penalties regime targeted at both perpetrators and sites which host intimate images and videos shared without consent.
A discussion paper will be released in the near future and feedback will be sought from the eSafety Commissioner, Federal and State police, women's safety organisations, mental health experts, schools and education departments, the Online Safety Consultative Working Group and others.
Impacts on individual ' s rights and freedoms, including freedom of speech and privacy
It is important to note that these amendments to change the Commissioner's statutory functions only relate to the general, or 'soft', functions of the Commissioner and do not relate to the statutory scheme for complaints about cyberbullying material, which will continue to only relate to material that is targeted at, and harmful to, an Australian child.
The amendments do not create any new offences or civil penalties, provide any new regulatory powers, impose any taxes, or set any amounts to be appropriated from the Consolidated Revenue Fund.
Conclusion
The Children's eSafety Commissioner has been a huge success in enhancing online safety for Australian children.
The amendments proposed will assist the good work of the Commissioner to continue to have a positive impact on a broader range of vulnerable Australians, including older Australians, victims of domestic and family violence, and for people who have had intimate images shared without their consent.
I commend this Bill to the Senate and look forward to implementing the next stages of the Government's agenda to promote the online safety of all Australians, and to work across government, the private sector and in the community to allow all Australians to enjoy safe and positive experiences online.
OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT LEGISLATION AMENDMENT BILL 2017
This Bill will amend the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 , which implements Australia's obligations under theMontreal Protocol on Substances that Deplete the Ozone Layer .
It will improve the efficiency of the ozone protection and synthetic gas management program, achieve significant environmental outcomes and reduce Australia's emissions.
The Bill implements the outcomes of a significant review of the program, streamlining the administration of the Act, reducing burdens on industry and ensuring a high standard of environmental protection. It will reduce the number of businesses required to hold a licence, halve the reporting obligations and reduce the number of invoices sent by 94 per cent.
The central element of this Bill is an 85 per cent phase-down of the importation of hydrofluorocarbons (HFCs) by 2036.
HFCs are powerful gases, primarily used in the air-conditioning and refrigeration industry, that can be thousands of times more potent than carbon dioxide, making up around 2% of Australia's yearly emissions.
The phase-down will be achieved by establishing a quota scheme and diminishing cap on imports starting on 1 January 2018. A similar approach was used successfully to phase-out prior gases such as CFCs and HCFCs.
This phase-down will be in line with the Kigali Amendment, under which all 197 parties to the Montreal Protocol agreed to phase down HFCs.
Australia played a leadership role, co-chairing negotiations to secure this global agreement, culminating in October 2016, and I pay tribute to my predecessor, the Member for Flinders, in this regard.
The phase-down, together with other measures included under this program, will reduce emissions by up to 80 million carbon dioxide equivalent tonnes by 2030. This will contribute significantly towards our Paris target.
Globally, the HFC phase-down is expected to bring major benefits. It could result in 72 billion tonnes of emissions reduction by 2050 – the equivalent of at least 1.3 times one year's global emissions. And it has been estimated it will avoid up to 0.5 degrees of temperature rises by 2100, according to the United Nations Environment Programme.
The Australian market is well placed for this domestic phase-down and industry supports the measures. Consumers will be able to use their existing equipment and systems until the natural end-of-life. The phase-down will also leave a 15 per cent residual from 2036 to ensure that maintenance of hard to replace and existing equipment can continue.
Australia has a proud record of leadership in addressing ozone depletion and issues related to the Montreal Protocol. It is widely considered the world's most successful environmental protection agreement, being the only one with universal acceptance.
It has reduced the production and import of ozone depleting chemicals by over 99 per cent globally. Concentrations of ozone depleting chemicals in the atmosphere are reducing and scientists confidently predict the ozone layer will be repaired by the middle of this century in the mid-latitudes and about 20 years later in Antarctica. A truly remarkable achievement.
Through this Bill, Australia will continue to show the same leadership on HFCs. I commend it to the House.
TREASURY LAWS AMENDMENT (GST LOW VALUE GOODS) BILL 2017
This Bill being introduced today is an important part of the Government's commitment to creating a fairer tax system, supporting our small businesses and creating a level playing field for all Australian businesses.
The Bill fulfils the Government's commitment to extend the application of GST to low value goods imported by Australian consumers from 1 July 2017. It also gives effect to the agreement of the Council of Australian Governments in 2015 to extend GST to low value imported goods.
These changes are about ensuring that Australian businesses, particularly small retailers, do not continue to be unfairly disadvantaged by the current GST exemption that applies to imports of low value goods.
Importantly, this Bill also tackles the growing risk that the current arrangements pose to the integrity of the GST base. With the continued growth and normalisation of cross-border shopping, we cannot afford to simply ignore the impact of these outdated arrangements on the tax system.
As a result of the reforms being introduced today, low value goods imported by consumers will face the same tax regime as goods that are sourced domestically. This is how a fair and modern tax system should work and I am proud that Australia is taking the lead in this respect.
Under the current GST law, GST will generally apply to supplies of goods within Australia regardless of the value of the goods. However, supplies of goods located outside of Australia will generally not be subject to GST. Further, while the importation of goods is generally subject to GST, a $1,000 low value threshold exemption applies.
The GST low value threshold exemption disadvantages Australian businesses and jobs, and poses a growing risk to the integrity of the GST base, with the continued growth in online shopping.
The Government, with the support of the States and Territories, is absolutely committed to applying the GST to low value goods imported for consumption into Australia by 1 July 2017. It will stop the unfair and distortionary benefit enjoyed by foreign sellers since the introduction of the GST in 2000.
Under these new arrangements, imported goods with a customs value of $1,000 or under will have GST collected at the point of sale, using a vendor registration model. Under this model, overseas vendors that have an Australian turnover of $75,000 or more will be required to register for, collect and remit GST on low value goods supplied to consumers in Australia as well as any other taxable supplies they make.
This measure will also apply to online marketplaces – also called 'electronic distribution platforms' or EDPs in the Bill. Online marketplaces that assist in the importation of goods into Australia, will essentially be treated as a 'supplier' under this measure, and be required to register for, collect and remit GST.
Including online marketplaces ensures that only a limited number of entities need to collect the GST, rather than the multitude of small, individual vendors making supplies through these online marketplaces. This represents the most efficient system for collecting GST and limits the costs of compliance.
This measure also extends to 'redeliverers'. Redeliverers are often used by Australian consumers in cases where the overseas retailers do not deliver to Australia. The redeliverers provide offshore mailbox or shopping services in relation to the goods and then assist with their delivery into Australia. Redeliverers will be affected by this measure where the actual supplier would not be liable for GST because of a lack of knowledge about the ultimate destination of the supply, due to involvement of a redeliverer. In such cases, the redeliverer is the entity that is best placed to know the status of the goods and the location to which they are delivered.
A simplified online GST registration system will also be available for non-resident suppliers of goods. This simplified registration system will help non-residents comply with these new rules.
In August 2015, the Council on Federal Financial Relations agreed to the vendor registration model, commencing 1 July 2017. The Government has also consulted extensively on the design of the registration model. Public consultation on the draft legislation was also undertaken last year.
These changes build on the Government's 2015-16 Budget measure – which is now law – to apply the GST to digital products and other services imported by consumers from 1 July 2017, also using a vendor registration model.
We now live in a world where online cross-border shopping is a normal and often daily activity for many Australians. This reform to Australia's GST is a significant world first but it is consistent with the direction of international tax policy in this area.
It is only a matter of time until others jurisdictions follow suit. In 2015, the OECD examined and reported on options to move away from cost-intensive border collection processes including for low value goods. Australia's reforms align with the most effective elements of that report to deliver a new reality for taxation of trade in Australia.
The European Union also announced late last year that it too will reform its treatment of imported low value goods. They too recognise that there can be no substantive reform without a key focus on the taxation of goods by the supplier at the point of sale.
With this Bill, Australia is leading the way in delivering a GST collection model that is fit for our modern world. Importantly, this measure will finally stop the unfair and distortionary GST low value exemption enjoyed by foreign sellers since the introduction of the GST in 2000 – establishing a level playing field for our domestic retailers and protecting the integrity of our GST base.
Full details of the measure are contained in the explanatory memorandum.
That the Senate take note of the document.
Health Insurance Amendment (National Rural Health Commissioner) Bill 2017
Schedule 1, item 1, page 3 (lines 15 and 16), omit “If requested by the Minister, the Commissioner may also provide advice to the Minister on matters relating to rural health reform.”, substitute “The Commissioner may also provide advice to the Minister on the development and distribution of the health workforce and on rural health reform.”.
Schedule 1, item 1, page 3 (line 23), at the end of section 79AA, add “The Minister must consider a year before this whether the office should be extended.”.
Schedule 1, item 1, page 3 (line 25), before “There”, insert “(1)”.
Schedule 1, item 1, page 4 (after line 2), at the end of section 79AB, add:
(2) The Minister must consider no later than 1 July 2019 whether the office of the Commissioner should be extended beyond 1 July 2020.
Schedule 1, item 1, page 4 (lines 9 and 10), omit paragraph 79AC(1)(c), substitute:
(c) providing advice to the Minister on the development and distribution of the rural health workforce and on matters relating to rural health reform.
Schedule 1, item 1, page 4 (after line 19), at the end of subsection 79AC(2), add:
; (d) consider advice of the Rural Health Stakeholder Roundtable and the rural health workforce distribution working group.
That this bill be now read a third time.
Therapeutic Goods Amendment (2016 Measures No. 1) Bill 2016
That this bill be now read a third time.
Enhancing Online Safety for Children Amendment Bill 2017
The bill amendments address feedback received by the government that adult members of the public are not aware that they can go to the Children's eSafety Commissioner for assistance with concerns around illegal or offensive online content, the sharing of intimate images without consent—commonly referred to as 'revenge porn'—or for general advice about how to manage technology risks and online safety.
The OCeSC has noted anecdotal feedback that the current name may deter some segments of the public coming to the Office for assistance on a broad range of online safety issues currently within the office's remit.
You are right. Some of the responsibilities that the commissioner has now were previously held by ACMA. No disrespect to ACMA, but I do not think the acronym 'ACMA' is necessarily top of mind for the community.
… it was not a high-profile office in the way that we wanted the Children's eSafety Commissioner to be and that we now want the eSafety Commissioner to be.
While the Commissioner will not have the ability to receive complaints from adults about cyber-bullying material, the Government seeks to improve and promote online safety for all Australians through education initiatives.
This Bill does not introduce offences for non-consensual sharing of images but is a recognition of the Government’s commitment to assist all Australians on online safety, through education and research.