The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 10:00, read prayers and made an acknowledgement of country.
High Speed Rail Planning Authority Bill 2017
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend … this Act.
The ALP election commitment Establish a High Speed Rail Authority could result in significant budget impacts beyond the forward estimates. This would depend on the final specification of any policy to construct high speed rail on the east coast of Australia.
Energy storage, long neglected in Australia, will also be a priority this year.
Last week at my request, ARENA and the Clean Energy Finance Corporation, agreed to work together on a new funding round for large-scale storage and other flexible capacity projects including pumped hydro.
I've also written to Alan Finkel, asking him to advise on the role of storage and pumped hydro in stabilising the grid.
Large-scale storage will support variable renewables like wind and solar. It will get more value out of existing baseload generation and it will enhance grid stability. We're going to get on with it.
High Speed Rail is a nation building project that will transform Australia …
The decision to fund these faster rail business cases does not indicate a commitment to fund the infrastructure projects but is instead focused on investigating the viability of such proposals.
The ALP election commitment Establish a High Speed Rail Authority could result in significant budget impacts beyond the forward estimates. This would depend on the final specification of any policy to construct high speed rail on the east coast of Australia.
This critical corridor faces immediate pressure due to its proximity to major population centres and should be a focus for the NSW, Victorian and federal governments.
Infrastructure Australia is recommending that a national framework for corridor protection be put in place to guide—
meaningful action by all levels of government.
Regional locations within two hours travel by HSR—
that have capacity for increases in business growth could assist in making the metropolitan centres more globally competitive by providing less congested future growth options.
Between 46 million and 111 million passengers are forecast to use HSR services for intercity and regional trips, if the preferred HSR network were fully operational in 2065, with a central forecast of 83.6 million passengers per year.
By 2065, HSR—
could attract 40 per cent of intercity air travel on the east coast and 60 per cent of regional air travel (primarily long regional). On the three main sectors, Sydney-Melbourne, Sydney-Brisbane and Sydney-Canberra, HSR could attract more than 50 per cent of the air travel market.
We have bipartisan support here—
but we might have a little bit of a divergence on how we should get there.
The ALP election commitment Establish a High Speed Rail Authority could result in significant budget impacts beyond the forward estimates. This would depend on the final specification of any policy to construct high speed rail on the east coast of Australia.
… new cities where data is open, energy's renewable, water is valued, homes are affordable and people can live within 10 minutes of all they need. Cities where world class healthcare meets high tech education. Where new and existing businesses will converge to create more vibrant regional economies. Cities built to unlock all human potential. Cities made possible by high speed rail that can place citizens in our capitals in less time than a morning commute.
Treasury Laws Amendment (Enterprise Tax Plan No. 2) Bill 2017
Consideration resumed of the motion:
That this bill be now read a second time.
I have said many times that the majority of large corporates, especially Australian owned companies, pay the right amount of tax in Australia and are open and transparent in their dealings with us.
Cutting the company income tax rate increases domestic productivity and domestic investment. More capital means higher productivity and economic growth and leads to more jobs and higher wages.
If you are against cutting company tax, you are against economic growth. If you are against economic growth, then you are against jobs.
We understand that the cut in the corporate tax rate is important to increase productivity, to promote broad based economic growth and to encourage more investment and jobs across Australia. Lowering of the company tax rate is good economic policy.
Cutting the company tax rate increases domestic productivity and domestic investment. More capital means higher productivity and economic growth and leads to more jobs and higher wages.
Friends, corporate tax reform helps Australia's private sector grow and it creates jobs right up and down the income ladder.
Any student of Australian business and economic history since the mid-80s knows that part of Australia's success was derived through the reduction in the company tax rate … We need to be able to make life easier for Australian business, which employs two in every three Australians.
Any economic gains from cutting company taxes are decades away, while the cost of the cuts will be felt immediately …
… … …
Right now the federal budget is in deficit, and we can't be confident it will move back into surplus in the next few years.
… … …
What that means is that if unfunded tax cuts go through, people across Australia will have to start paying more for essential services they have always relied upon.
The business council letter was very Kumbaya, you know, we'll do this and we'll do that, but it didn't guarantee anything.
We're in the cart for a lower company tax rate but it has to be affordable. And that means it has to be funded by other changes in the business tax system.
I would like to see the corporate tax rate come down over time. I have previously said that the nation should be aiming for a 25 per cent corporate tax rate.
… determined to give business a tax cut even though the government scrapped a promise to do so in the budget.
I am very determined to deliver a company tax cut.
Cutting the company income tax rate increases domestic productivity and domestic investment. More capital means higher productivity and economic growth and leads to more jobs and higher wages.
… lowering the corporate rate for smaller businesses only (as the Greens propose) creates an artificial incentive for Australian businesses to downsize.
In worse case scenarios some businesses might actually lay people off to get smaller—and the size based different tax treatment would create a glass ceiling on business workforce growth.
Instead we want a level playing field regardless of the size of the company.
Cutting the company income tax rate increases domestic productivity and domestic investment. More capital means higher productivity and economic growth and leads to more jobs and higher wages.
Labor accepts that company tax falls hardest on workers rather than wealthy shareholders, and aims for a 25 per cent company tax rate to spur economic growth.
Cutting the company income tax rate increases domestic productivity and domestic investment. More capital means higher productivity and economic growth and leads to more jobs and higher wages.
… lowering the corporate rate for smaller businesses only (as the Greens propose) creates an artificial incentive for Australian businesses to downsize.
In worse case scenarios some businesses might actually lay people off to get smaller—and the size based different tax treatment would create a glass ceiling on business workforce growth.
Instead we want a level playing field regardless of the size of the company.
If you are against cutting company tax, you are against economic growth. If you are against economic growth, then you are against jobs.
We understand that the cut in the corporate tax rate is important to increase productivity, to promote broad based economic growth and to encourage more investment and jobs across Australia.
… lowering of the company tax rate is good economic policy.
Cutting the company income tax rate increases domestic productivity and domestic investment. More capital means higher productivity and economic growth and leads to more jobs and higher wages.
Cutting the company tax rate will make Australia a more competitive destination for investment. Greater investment in capital will support higher productivity and real wage increases for Australian workers.
It's a statement of fact, which I agree with—
At the moment, everyone is in denial but we're in wind-down mode. We're about to fall over a 'resource cliff' in two years time.
There won't be enough wood for all the mills.
Increasing the age pension age is a responsible reform to meet the challenge of an ageing population and the economic impact it will have for all Australians.
… … …
Australia must move towards a higher pension age over the next decade.
A better approach would be to index upper age limits in all laws …
… … …
How might age indexation operate in practice? One approach would be to mandate that all elderly age limits should increase by 3 months every year …
Shadow Treasurer Chris Bowen says Labor accepts that company tax falls hardest on workers rather than wealthy shareholders, and aims for a 25 per cent company tax rate to spur economic growth.
Green activists are happy to maintain the status quo for the Wangan and Jagalingou people of low socio-economic outcomes while they enjoy jobs, education, housing etc and I guess electricity generated by coal fired power stations. They want to stop the mine at all costs and unfortunately that cost will be borne greatest by the Wangan and Jagalingou people.
… guaranteed of getting the vast bulk of sustainment work …
That the Senate take note of the answers given by the Minister for Finance (Senator Cormann), the Minister for Education and Training (Senator Birmingham) and the Minister for International Development and the Pacific (Senator Fierravanti-Wells) to questions without notice asked by Senators McAllister, Watt and O’Neill today relating to proposed company tax cuts.
… few policies in recent years … have more starkly illustrated the difference between the Labor Party and the coalition than this government's commitment to handing $65 billion to Australia's biggest and wealthiest companies.
Recall that this is a tax cut which comes at a time when government debt is at record levels, when Australia's health system is under pressure, our schools need more resources, and inequality in this country is worsening—
… a massive handout to our most powerful and most wealthy.
It's also a transfer of wealth offshore, with an estimated 60 per cent of the benefit of the tax cut likely to head overseas.
We understand that the cut in the corporate tax rate is important to increase productivity, to promote broad based economic growth and to encourage more investment and jobs across Australia.
… lowering of the company tax rate is good economic policy.
Friends, corporate tax reform helps Australia's private sector grow and it creates jobs right up and down the income ladder.
As a CEO and member of the Board of Directors at a public company, I can tell you that if we had an increase in profitability, we would have been delighted, but it would not lead in and of itself to more hiring or an increase in wages. Again, we would hire more people if we saw growing demand for our products and services. We would raise salaries if that is what it took to hire and retain great people. But if we had a tax cut that led to higher profits absent those factors, we would 'pocket it' for our investors.
Increasing the age pension age is a responsible reform to meet the challenge of an ageing population and the economic impact it will have for all Australians.
… … …
Australia must move towards a higher pension age over the next decade.
How might age indexation operate in practice? One approach would be to mandate that all elderly age limits should increase by three months every year …
That the Senate take note of the answer given by the Minister for Resources and Northern Australia (Senator Canavan) to a question without notice asked by Senator Rice today relating to regional forest agreements.
That leave of absence be granted to the following senators for personal reasons:
(a) Senator McKenzie for today; and
(b) Senator O'Sullivan from 26 March to 28 March 2018.
That leave of absence be granted to Senator Wong for 27 March 2018 for personal reasons.
That the following matters be referred to the Education and Employment References Committee for inquiry and report by the last sitting day of September 2018:
The framework surrounding the prevention, investigation and prosecution of industrial deaths in Australia, with particular reference to:
(a) the effectiveness and extent of the harmonisation of workplace safety legislation between the states, territories and Commonwealth;
(b) jurisdictional issues surrounding workplace investigations which cross state and territory boundaries;
(c) issues relating to reporting, monitoring and chains of responsibility between states, territories and the Commonwealth;
(d) safety implications relating to the increased use of temporary and labour hire workers;
(e) the role of employers and unions in creating a safe-work culture;
(f) the effectiveness of penalties in situations where an employer has been convicted of an offence relating to a serious accident or death; and
(g) any other related matters.
That the following matter be referred to the Economics References Committee for inquiry and report by 7 May 2018:
The 'Commitment to the Senate' (the Commitment) issued by the Business Council of Australia (BCA) on 21 March 2018, and commitments to stronger wages and employment, with particular reference to:
(a) annually measurable benchmarks, for the period of the proposed Enterprise Tax Plan, for the companies that have co-signed the Commitment and other senior members of the BCA membership, including:
(i) company wage growth estimates,
(ii) employment estimates, and
(iii) schedules of investment by state and territory;
and in each case how they vary if the Treasury Laws Amendment (Enterprise Tax Plan No. 2) Bill 2017 is enacted, or there is no change to the existing tax law;
(b) corporate tax data for the companies that have co-signed the Commitment, and other senior members of the BCA membership, including:
(i) the total tax paid over the past five years, and
(ii) the expected tax benefit from the Enterprise Tax Plan; and
(c) other related matters.
That the Senate:
(a) acknowledges that Professor Gary Dowsett is:
(i) currently employed as Deputy Director at the Australian Research Centre in Sex, Health and Society at La Trobe University, and
(ii) is the author of an article entitled, "Boiled Lollies and Bandaids: Gay men and Kids", in Gay Information Quarterly Journal (Spring 1982) in which he stated the following:
"And a new political position is needed for there are significant political struggles at stake. First we have three legal/social questions to win: custody rights for gay men and lesbians; the legal right of paedophiles and their young lovers; and finally the sexual rights of children as a whole...."
"How different then is that gentle, tentative sexuality between parent and child from the love of a paedophile and his/her lover? From all their accounts and from many academic studies (some worse than others) that kind of love, warmth, support and nurture is an important part of the paedophilic relationship. I am not saying that mothering/fathering is paedophilic; but I am saying they are not mutually exclusive..."
"...The current paedophilia debate is then crucial to the political processes of the gay movement: paedophiles need our support, and we need to construct the child/adult sex issue on our terms."
"We need to protect the youthful partners in paedophilia against the legal and social management systems which treats them as delinquents...";
(b) condemns:
(i) any statement that supports any form of legal rights or political freedoms for paedophiles, and
(ii) as "vulgar and reprehensible" Professor Dowsett's past statements regarding advocacy for paedophilia and any connection between parenting and sexual/paedophilic "pleasures";
(c) acknowledges that an overwhelming number of Australian parents would be concerned about any individual who has made past statements regarding advocacy for paedophilia to continue to be employed at any Australian university;
(d) calls on Professor Dowsett to publically explain:
(i) his past statements regarding advocacy for paedophilia, and detail his current beliefs specifically on the question of whether the LGBTI community should "support" paedophiles, and
(ii) whether his past statements regarding advocacy for paedophilia jeopardise his credibility among the parents of students at La Trobe University; and
(e) calls on La Trobe University to:
(i) provide a public explanation regarding why Professor Dowsett continues to be employed by La Trobe University, and continues to be afforded close contact with young people,
(ii) publically explain what due diligence has been undertaken—throughout any period of Professor Dowsett's employment at the University—to investigate what risk and/or impact Professor Dowsett's past statements and any current views held consistent with those statements, regarding paedophilia might place on the wellbeing of young students at its institution, and
(iii) immediately investigate the current status of Professor Dowsett's views.
That the Senate:
(a) notes that:
(i) it has been over 25 years since the decision of Mabo v Queensland (No 2) , and almost 18 years since the Kaurna Nation first lodged the Native Title claim in the Federal Court,
(ii) on 21 March 2018, Justice Mortimer, of the Federal Court, granted native title rights over metropolitan Adelaide and Adelaide Hills to the Kaurna people,
(iii) the judgment officially recognises the Kaurna people as the traditional owners of the Adelaide Plains, and
(iv) this is the first time that a Native Title Agreement that covers an Australian capital city has been accepted by the Federal Court;
(b) further notes that the Deputy Premier of South Australia, the Honourable Vickie Chapman, has stated that the South Australian Liberal Government will ensure that the Indigenous Land Use Agreement, formalising the Federal Court's landmark decision, is finalised within six months; and
(c) acknowledges:
(i) the strength and depth of the relationship of Indigenous Australians with their land,
(ii) that the Australian Human Rights Commission describes Native Title as "a relationship to land which is the very foundation of Indigenous religion, culture and well-being", and
(iii) that the non-discriminatory protection of Native Title is a recognised human right protected by the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination. ( general business notice of motion no. 766 )
That the Senate—
(a) notes that:
(i) the Australian Labor Party has announced its intention to reform cash refunds for excess dividend imputation credits, an idea first proposed by the Australian Greens,
(ii) this policy will predominantly impact on wealthy individuals and, if done properly, will reduce inequality, and
(iii) since making this announcement, the Australian Labor Party has:
(A) refused to release the Parliamentary Budget Office costing of their policy, and
(B) effectively conceded that they had not properly accounted for the impact of their policy on pensioners, with the Leader of the Opposition saying they will have “more to say about this”; and
(b) calls on all parties, especially those who say they are committed to progressive taxation, to ensure that this measure will not impact on low income pensioners with few assets.
The Senate divided. [15:55]
(The Deputy President—Senator Lines)
That general business notice of motion no. 767 standing in my name for today, relating to World Autism Awareness Day, be postponed till Tuesday, 27 March 2018.
Dear Mr President,
Pursuant to standing order 75, I give notice that today I propose to move that, in the opinion of the Senate, the following is a matter of urgency:
The need to understand why some politicians and professional sportsmen feel the need to cheat.
That, in the opinion of the Senate, the following is a matter of urgency:
The need to understand why some politicians and professional sportsmen feel the need to cheat.
Children have two parents and until we treat mums and dads with the same courtesy and rights, we will continue to see murders due to sheer frustration, depression and mental illness caused by their unworkable scheme.
I'm sorry, I can't please everyone and not everyone's going to agree with me but I have to make decisions I believe are right for this country and future generations.
That the Senate take note of the document.
That the Senate take note of the document.
That senators be appointed to committees, as set out in the document available in the chamber and listed on the Dynamic Red.
Community Affairs Legislation and References Committees—
Appointed—Participating member: Senator Storer
Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples—Joint Select Committee—
Appointed—Senators Dodson and McCarthy
Economics Legislation and References Committees—
Appointed—Participating member: Senator Storer
Education and Employment Legislation and References Committees—
Appointed—Participating member: Senator Storer
Environment and Communications Legislation and References Committees—
Appointed—Participating member: Senator Storer
Finance and Public Administration Legislation and References Committees—
Appointed—Participating member: Senator Storer
Foreign Affairs, Defence and Trade Legislation and References Committees—
Appointed—Participating member: Senator Storer
Future of Work and Workers—Select Committee—
Appointed—Participating member: Senator Storer
Legal and Constitutional Affairs Legislation and References Committees—
Appointed—Participating member: Senator Storer
National Broadband Network—Joint Standing Committee—
Appointed—Participating member: Senator Storer
Political Influence of Donations—Select Committee—
Appointed—Participating member: Senator Storer
Red Tape—Select Committee—
Appointed—Participating member: Senator Storer
Royal Commission into Institutional Responses to Child Sexual Abuse—Joint Select Committee—
Appointed—Participating member: Senator Storer
Rural and Regional Affairs and Transport Legislation and References Committees—
Appointed—Participating member: Senator Storer
Social Services Legislation Amendment (Welfare Reform) Bill 2017
That this bill be now read a third time.
Treasury Laws Amendment (Junior Minerals Exploration Incentive) Bill 2017
That this bill be now read a third time.
Family Law Amendment (Parenting Management Hearings) Bill 2017
National Broadcasters Legislation Amendment (Enhanced Transparency) Bill 2017
Treasury Laws Amendment (Enterprise Tax Plan No. 2) Bill 2017
It's a statement of fact , which I agree with.
Communications Legislation Amendment (Online Content Services and Other Measures) Bill 2017
… many sports events commence between 7pm and 8pm or take place on weekend afternoons when there are significant child audiences. Children are thus exposed to significant levels of gambling advertising on television which risks increasing adolescents' desire to experiment with gambling. Increased exposure to gambling advertisements has also been associated with more positive youth gambling attitudes and intentions towards gambling.
… the Department has received and continues to receive a significant amount of correspondence from the community, expressing concern about the impact of gambling advertising on child audiences. In a recent campaign the Department received over 1150 emails calling for gambling advertising in association with live sport to be banned.
… any service that delivers or allows users to access content using an internet carriage service to the public and has a geographical link to Australia (if the service is targeted at individuals physically present in Australia or any of the content is likely to appeal to the public, or a section of the public, in Australia).
From industry's perspective, this [approach] results in a disjointed process under which the entity responsible for the legislation (the Department) cannot speak to nor provide assurances around which exemptions will apply—despite this being a pivotal issue for industry. Similarly the proposed entity responsible for the consideration of exemptions (the ACMA) is awaiting finalisation of the legislation before it will discuss possible exemptions in any great detail.
The Bill takes an expansive view of what constitutes an 'online content service' for the purposes of the legislation, with the legislation providing a mechanism for exemptions to be made by the ACMA. In our view, this approach provides no certainty to industry.
I've got three kids at home and when my eldest can name a lot of the ads on TV, that is a bit of a worry …
Gambling advertising is out of control and I think it needs to change …
The obvious issue here is the effect this advertising has on children every time they watch us pull on our boots.
… the proliferation of gambling advertising, particularly sports betting, is positioning gambling as an integral and 'normal' part of enjoying sports, and is paving the way for young Australians to become the new generation of problem gamblers.
… know that a large number of our fans and supporters enjoy wagering on our sports and want to remain informed about the products and offerings that are available.
At the end of the motion, add:
“, but the Senate is of the opinion that the Government must reinstate the SBS’s revenue shortfall of $9 million as included in the 2017-18 Budget.”
Gambling is an enjoyable pursuit for many Australians. As much as possible, policy should aim to preserve the benefits, while targeting measures at gamblers facing significant risks or harm.
While precision is impossible, various state surveys suggest that the number of Australians categorised as 'problem gamblers' ranges around 115,000, with people categorised as at 'moderate risk' ranging around 280,000.
It is common to report prevalence as a proportion of the adult population, but this can be misleading for policy purposes, given that most people do not gamble regularly or on gambling forms that present significant difficulties.
– Some have been helpful, but some have had little effect, and some have imposed unnecessary burdens on the industry.
– There is a particular need to improve arrangements for national research.
While there are a number of 'time of day' and classification related restrictions on commercial free-to-air television that are intended to reduce children's exposure to gambling promotions, these do not apply to sports and news broadcasts. In addition, restrictions in relation to live sporting events, outlined in Appendix 3 of the Commercial Television Industry Code of Practice (the code), do not restrict broader gambling advertising immediately prior to the match and in breaks with the result that there are significant levels of gambling advertising associated with live sporting events.
There is less concern where these events are broadcast after 8:30 pm as children are less likely to be viewing at this time however many sports events commence between 7pm and 8pm or take place on weekend afternoons when there are significant child audiences. Children are thus exposed to significant levels of gambling advertising on television which risks increasing adolescents' desire to experiment with gambling. Increased exposure to gambling advertisements has also been associated with more positive youth gambling attitudes and intentions towards gambling.
In a recent study, children aged 8-16 who regularly watched Australian Football League (AFL) and National Rugby League (NRL) matches were more able to accurately recall the names of sports betting brands (eg Sportsbet, TAB) compared to other sports like soccer. Further, many children were able to describe gambling sponsorships associated with AFL and NFL player uniforms. This demonstrates the 'normalising' effect of gambling and how intertwined it becomes with the sport itself. Gambling and sport are no longer disparate entities in the eyes of children but have become enmeshed.
Parents around Australia will be delighted when they know that during football matches and cricket matches, live sporting events before 8:30pm, there will be no more gambling ads.
The Senate divided. [20:39]
(The Acting Deputy President—Senator Kitching)
At the end of the motion, add:
", but the Senate is of the opinion that the Government should legislate to prohibit betting on the outcome of a lottery."
The Senate divided. [20:51]
(The President—Senator Ryan)
(1) Schedule 1, item 13, page 6 (after line 14), after subsection 125A(5), insert:
Prohibition of gambling promotional content between 5.00 am and 8.30 pm
(5A) A gambling promotion program standard must prohibit the broadcast by a broadcasting service of gambling promotional content between 5.00 am and 8.30 pm:
(a) during a broadcast by the service of a sporting event (whether or not the broadcast is live); and
(b) during a broadcast by the service of a program classified as "G".
(2) Schedule 1, item 13, page 8 (line 23), omit paragraph 125A(11) (b), substitute:
(b) ending:
(i) if the sporting event starts between 5.00 am and 8.30 pm—30 minutes after the conclusion of the sporting event; or
(ii) otherwise—5 minutes after the conclusion of the sporting event.
(3) Schedule 1, item 22, page 22 (after line 3), after subclause 13(1) of Schedule 8, insert:
Prohibition of gambling promotional content between 5.00 am and 8.30 pm
(1A) The online content service provider rules must prohibit the provision of gambling promotional content by an online content service provider between 5.00 am and 8.30 pm:
(a) during coverage provided by the online content service provider of a sporting event (whether live or not); and
(b) during the provision by the online content service provider of content classified as "G".
(4) Schedule 1, item 22, page 29 (line 5), omit paragraph 21(1) (b) of Schedule 8, substitute:
(b) ending:
(i) if the sporting event starts between 5.00 am and 8.30 pm—30 minutes after the conclusion of the sporting event; or
(ii) otherwise—5 minutes after the conclusion of the sporting event.
Join forces to beat road trauma and take the pledge for Fatality Free Friday by promising to:
This is yet another sign that the days of business as usual are over when it comes to the plunder of Western Sahara's natural resources … We're seeing a major momentum shift as companies are waking up to the fact that there will be consequences all over the world for those who are involved in the illegal exploitation of our natural resources.