
<hansard version="2.2" noNamespaceSchemaLocation="../../hansard.xsd">
  <session.header>
    <date>2018-10-15</date>
    <parliament.no>45</parliament.no>
    <session.no>1</session.no>
    <period.no>7</period.no>
    <chamber>Senate</chamber>
    <page.no>0</page.no>
    <proof>1</proof>
  </session.header>
  <chamber.xscript>
    <business.start>
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        <p class="HPS-SODJobDate" style="direction:ltr;unicode-bidi:normal;">
          <span class="HPS-SODJobDate">
            <span style="font-weight:bold;"></span>
            <a href="Chamber" type="">Monday, 15 October 2018</a>
          </span>
        </p>
        <p class="HPS-Normal" style="direction:ltr;unicode-bidi:normal;">
          <span class="HPS-Normal">
            <span style="font-weight:bold;">The PRESIDENT (Senator the Hon. </span>
            <span style="font-weight:bold;">Scott Ryan)</span> took the chair at 10:00, read prayers and made an acknowledgement of country.</span>
        </p>
      </body>
    </business.start>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>1</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Tabling</title>
          <page.no>1</page.no>
        </subdebateinfo></subdebate.1></debate>
    <debate><debateinfo>
        <title>COMMITTEES</title>
        <page.no>1</page.no>
        <type>COMMITTEES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Meeting</title>
          <page.no>1</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>10:01</time.stamp>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
    <electorate></electorate>
  </talker>
  <para>I remind senators that the question may be put on any proposal at the request of any senator.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>PRIVILEGE</title>
        <page.no>1</page.no>
        <type>PRIVILEGE</type>
      </debateinfo><speech>
  <talker>
    <time.stamp>10:01</time.stamp>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
    <electorate></electorate>
  </talker>
  <para>Senators will be aware of an investigation referred to the Australian Federal Police by the Department of Home Affairs in which search warrants were executed in Canberra on 11 October and material seized. Senator Pratt has made a claim of parliamentary privilege over the seized material and, on 12 October, wrote to me to confirm her intention to seek from the Senate a ruling on that claim.</para>
<para>To give some background: at the Commonwealth level, the protection of parliamentary material from seizure under search warrant is governed by a settlement between the legislature and the executive which draws upon the traditional scope of parliamentary privilege in the courts. An AFP guideline made under that settlement sets out the procedures the AFP must follow in executing search warrants where parliamentary privilege may be involved. The guideline strictly applies when such warrants are executed on the premises of senators, members and their staff but also applies so far as possible in other circumstances.</para>
<para>The guideline provides a process by which senators and members may claim parliamentary privilege over seized material such that the material will be sealed and held by a neutral third party while the claim is determined. If the claim of privilege is upheld, the material is returned to the senator or member and withheld from the investigation. It is a matter for the senator or member concerned whether to seek a ruling on the material from a court or from the relevant house.</para>
<para>That guideline was tested for the first time at the beginning of this parliament in the investigation of a suspected leak from NBN Co involving the execution of search warrants at then-Senator Conroy's Melbourne office, at the home of one of his staff and at Parliament House. The Senate resolved to uphold the claim, on the recommendation of the Privileges Committee, after an inquiry into the matter. Senators can find more information about the process and its outcome in the committee's 163rd and 164th reports.</para>
<para>In the current matter, Senator Pratt has claimed parliamentary privilege over the seized material which was delivered last week into the custody of the Clerk of the Senate. In accordance with the guideline, Senator Pratt has notified the AFP that she is maintaining her claim of privilege over the documents and notified me of her intention to seek a ruling on the claim from the Senate. I table copies of the correspondence from Senator Pratt and, for the information of senators, the AFP guideline and covering memorandum of understanding. I understand that a notice of motion regarding the disposition of the documents will be given at an appropriate time.</para>
</speech>
</debate>
    <debate><debateinfo>
        <title>MINISTERIAL STATEMENTS</title>
        <page.no>2</page.no>
        <type>MINISTERIAL STATEMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Australian Broadcasting Corporation</title>
          <page.no>2</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>10:04</time.stamp>
    <name role="metadata">Senator FIFIELD</name>
    <name.id>D2I</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I seek leave to make a statement of not more than 10 minutes.</para>
<para>Leave granted.</para>
<continue>
  <talker>
    <name role="metadata">Senator FIFIELD</name>
    <name.id>D2I</name.id>
  </talker>
  <para>It has been a difficult few weeks for the ABC, but its important work continues. The ABC is one of the important underpinnings of media diversity in Australia. The ABC represents a significant community contribution to civic journalism. It is important for the community to have confidence in the ABC and its independence.</para>
<para>Firstly, I would like to address the claims that the government has sought to undermine the ABC's independence through its budget, through reviews and through board appointments. All these claims are without basis. The ABC receives, and will continue to receive, more than a billion dollars a year. The ABC enjoys greater funding certainty than any other media organisation in Australia. It is well resourced and will continue to be. While it is correct that an indexation pause was foreshadowed in the last budget to be applied in the next triennium, it is modest and paired with an efficiency review. This represents good practice in what is a fast-evolving media environment. And it is appropriate that all Commonwealth agencies look to ensure that they are the best possible stewards of taxpayer dollars. This should be an uncontroversial proposition. Further, due to the changing media environment, a number of media organisations have posed questions about areas of public broadcaster activity that are often debated between commercial and public media. To provide a forum for these matters to be canvassed, the government established a competitive neutrality inquiry.</para>
<para>Finally, to the issue of board appointments: legislation provides for an independent panel process to be initiated for each board vacancy. This has occurred on each occasion. The relevant legislation also provides for appointments to be made apart from the panel recommendations. On some occasions, the government has appointed from the panel list; on others, it has made alternative appointments. Both parts are provided for in the legislation. All appointments have followed the legislated requirements: decisions have been taken by cabinet and appointments made by the Federal Executive Council. Contrary to some media reports, the former chair was chosen from the list of recommended names provided by the independent panel. At the time, the acting shadow minister for communications, Mr Dreyfus, said: 'Labor congratulates Justin Milne on his appointment as the new chair of the ABC. Mr Milne is certainly qualified for the role, given his extensive experience in and knowledge of the media industry.'</para>
<para>Now to more recent events in relation to the former managing director and the former chair: I should acknowledge that I had a professional relationship with both the former chair and the former managing director. I have always respected the legislated independence of the ABC and its board and management. As a consequence of the ABC's unique legislated standing and independence within my portfolio, I have not engaged with the chairs or managing directors of the ABC as frequently or as closely as is the case with other portfolio bodies. But I do want to be very clear and transparent about those occasions which relate to recent matters. The then chair spoke to me in Canberra on 12 September to advise that the board no longer believed the managing director was best placed to lead the organisation. He further advised that he would be conveying this to the managing director on behalf of the board the following day and, although not sure where this matter would land, he hoped that a mutually agreeable path could be found. I indicated to the chair that I respected the managing director's position was, under the legislation, a matter for the board. Given the uncertainty as to how this would conclude, and out of respect for the privacy of the managing director, I undertook not to further convey that information at that time. The former chair undertook to keep me apprised. I spoke to the chair a few days later, who advised that discussions with the managing director were ongoing. No further detail was provided. The former chair made contact with me on the evening of Sunday, 23 September to advise that the board had just met and had resolved to terminate the tenure of the managing director effective the following morning. Shortly afterwards, I advised the Prime Minister.</para>
<para>I should reiterate that the ABC board has legislated independence in management appointments and this decision was entirely a matter for the board of the ABC. This independence and the right of the board was recognised by me in a statement on Monday, 24 September, but also by the shadow minister on the same day, where she said:</para>
<quote><para class="block">Labor acknowledges the independent decision of the board in relation to the departure of Michelle Guthrie as managing director.</para></quote>
<para>On 26 September, the <inline font-style="italic">Sydney Morning Herald</inline> reported that there had allegedly been an email exchange between the former chair and the former managing director in relation to the tenure of Ms Alberici. This report raised questions in relation to the independence of the ABC. In the course of the day I met with the Prime Minister, where I proposed, and it was agreed, that the secretary of the department of communications undertake an inquiry to establish the facts. Subsequent media reports, including in <inline font-style="italic">The Daily Telegraph</inline> the following day regarding Mr Probyn, also fell within the purview of the secretary's inquiry.</para>
<para>Let me be clear: prior to these media reports, I was not aware of the allegations of encounters between the former managing director and the former chair in relation to staffing matters. It is indicated by a statement on 26 September, and in a doorstop the following day, that I have never in any way, shape or form sought to involve myself in staffing matters, nor am I aware of any current or former member of the government seeking to do so.</para>
<para>I contacted the former chair on the afternoon of 26 September to advise that the secretary would be undertaking an inquiry to establish the facts. I issued a statement to that effect. The following morning, on 27 September, the chair advised me that he would be resigning. This was the appropriate decision by the former chair. It is important that individual board members not only uphold the independence but are seen to uphold the independence of the ABC. On 28 September the federal Executive Council appointed Dr Kirstin Ferguson as deputy chair. As a consequence, she serves as acting chair until the appointment of a substantive chair.</para>
<para>On 4 October the ABC board issued a statement which said:</para>
<quote><para class="block">To clarify various media reports, the Board received a letter from the former Managing Director late on Friday 21 September 2018. In that letter, Ms Guthrie responded to several issues that the Board raised with her. In addition, the former Managing Director raised other matters that she requested the Board investigate on a confidential basis.</para></quote>
<quote><para class="block">The Board resolved on Sunday 23 September 2018 to appoint an external, independent expert advisor to investigate these matters.</para></quote>
<para>On Thursday, 11 October, I received the report from the inquiry undertaken by the secretary of the department of communications. This report states that both the former chair and the former managing director advised the inquiry that, 'There was no request or suggestion by the former Prime Minister or any government minister to terminate the employment of a journalist or ABC staff member.'</para>
<para>Following receipt of the secretary's report, I have written to the acting chair conveying a copy of the report, suggesting that it be provided to the independent external review to assist their work. I have also sought the advice of the board as to the scope and time frames of the external independent expert adviser's investigation. In addition, I sought from the board their assurance that they have acted at all times to uphold the independence and integrity of the organisation. When I have further advice, I will convey it to the Senate. I table a copy of my statement, a copy of the report of the secretary and a copy of my correspondence to the acting chair of the ABC board.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>10:13</time.stamp>
    <name role="metadata">Senator O'NEILL (</name>
    <name.id>140651</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>) ( ): by leave—I move:</para>
<quote><para class="block">That the Senate take note of the statement.</para></quote>
<para>What we just saw there was an attempt at another whitewash. This is a government that has constantly been in the mode of attack over our great institution, the ABC. I state again, as our shadow assistant minister has said over and over: the ABC belongs to the Australian people; it does not belong to the Liberal Party.</para>
<para>In Minister Fifield's response today, he declared it's been a difficult few weeks. He tried to make out it's been a difficult few weeks for the ABC, but the reality is it's been a very difficult few weeks for this minister. What he's attempting this morning is to come in here and wipe the blood off his hands for all the damage he's done to the ABC—cleaning up after the scene of the crime of constant and persistent attacks on our national broadcaster. Platitudes followed his opening statement of his anxiety about this period in which he has abjectly failed as a minister of the Crown—platitudes about confidence in the ABC and confidence in its independence. This is a government that has attacked that great institution day in and day out: reviews after reviews; interference with appointments; and the minister himself writing on multiple occasions, complaining about the editorial nature of the work being undertaken by the ABC. Then he went on, in his speech, to go back to his usual standard line of: 'Nothing to see here. Let's be calm in response to this and let's talk about the money we've invested in the ABC.' The reality is they have not done well by the ABC. They have been subject to influence from those on the crossbench to attack the ABC, and it's something that they're very happy to do.</para>
<para>In his statement, the minister declared that he has had a number of discussions with the chair of the ABC and also with the former managing director, Ms Guthrie. He spoke to the chair all right! He's spoken to the chair on plenty of occasions, and he's spoken to the chair in such a way that the chair of the ABC walked away with the impression that he should sack a journalist because this minister had him so worried that there would be further attacks on the ABC if he didn't respond. That is the level of political interference that we are seeing from this government.</para>
<para>What we saw from the minister coming in here and trying to explain away the incidence of late September, where we saw an extraordinary attack on our national broadcaster, will simply not cut it. I don't have the benefit of having the minister's speech in front of me to interrogate each of the nonsense points that he's gone through, but the fact is he is here in denial of the reality that we know the ABC is completely under attack.</para>
<para>The Labor Party made its comments very, very clear, as of 26 September, that any internal inquiry—and I will acknowledge respect to the head of the department, Mr Mrdak—into the ABC as advocated by this government is a whitewash and nothing more. This attack on our national broadcaster is of such significance that we should have an independent inquiry. Labor has called immediately for a Senate inquiry. The ABC does not belong to the Liberals. It's not a plaything used by Minister Fifield when he wants to intimidate the journalists who want to tell the truth about the failures of this government and report with independence. The ABC is not a plaything for this government, yet that is how it's being used. A Senate inquiry is the only way that we can actually get to the bottom of what's being going on with this minister's hands-on, very aggressive interference with the ABC.</para>
<para>The situation in the last week of September went from worse to worse. By 28 September Labor made it clear that this minister and his response was so wholly inadequate that he has demonstrated, without doubt, that he's unfit to hold the role of a minister of the Crown. He is certainly unfit to continue in the role as the communications minister while this incredible attack on the ABC under his watch is still playing out. On 30 September Labor called, in the hope of getting to the truth, for a very important response, because we cannot allow this minister to continue doing what he's doing. We have to ask if this minister seriously believes that an inquiry by his own department's secretary has got any chance of restoring public confidence in the independence of our great national broadcaster. What we have seen from this government in this year alone is an attack on the ABC where they have cut $83.7 million. They've launched two damaging broadcasting inquiries, they've led a stream of complaints about ABC journalism and they are inconveniently faced with the reality that there are three bills before the parliament to meddle with the ABC Act and charter.</para>
<para>We have, in this minister, a man who comes in here with arrogance and hubris, who, in his mild-mannered way, tries to avert our gaze from the reality that we are seeing an ABC so under attack that this is probably an historic moment in terms of the level of assault that that great institution has undergone. I see here a former journalist in Mr Hinch. The sort of intimidation that is going on for journalists in this country under this current government is absolutely extraordinary. What we saw in the revelations of conversations, which led to Mr Milne having to resign as the chair of the ABC, was a man who confessed to, having been in a meeting with the minister and the Prime Minister, leaving with an impression that he should order the sacking of a journalist. The minister's come in here with a few words this morning, but what has he denied? Certainly he has not denied that he was in that room and in that meeting that led to Justin Milne acting with some integrity and finally withdrawing himself from the leading position on the board.</para>
<para>With the findings of the secretary's inquiries, we see that the senator merely restates what's already on the public record. That's all he's saying; he's repeating the platitudinous comments that we've seen from this government in response to the historic reality of an incredible level of interference with our national broadcaster. The minister and the former minister say they didn't directly seek the sacking of a journalist, but how can you not directly seek the sacking of a journalist yet leave such an impression on the chairman that he leaves with that impression? There are plenty of word games that get played around this place, and, whatever they said in that meeting, one thing was clear: when Justin Milne left it, he knew his job was to go and sack a rightly employed journalist who was just doing their job.</para>
<para>We know that in a document reported in <inline font-style="italic">The</inline><inline font-style="italic">Daily Telegraph</inline> on 26 September, Mr Milne called on Ms Guthrie on 15 June after a meeting with Mr Turnbull and the communications minister. He discussed the Probyn matter after this. Mr Probyn, you might recall, was accused of running Labor lies about the 'super Saturday' by-elections. In that phone call—it's reported that it lasted for approximately half an hour—Mr Milne berated me about Andrew Probyn, saying that the then Prime Minister hates him and, 'You have to shoot him.' That's the board document that was reported in <inline font-style="italic">The</inline><inline font-style="italic">Daily Telegraph</inline>. That's the kind of interference that this minister is seeking to say has not occurred, but the public record absolutely reveals that that is the case. The minister, in his response today, says that this matter should be entirely a matter for the board. The problem is that the board is so compromised by this minister's interference in it and by the Prime Minister's interference in it. It's a mess, and no amount of internal inquiry directed by this government, no matter how independent his department might attempt to be, can get to the bottom of the problems that beset the ABC on the watch of this government.</para>
<para>We know that it's not the case that the board has been able to operate independently on the watch of this government. This government have had their hands all over it—threats and actual cuts to funding, intimidation of the chair and interference in the delivery of people onto the board. It's just a litany of permanent attacks on the ABC. If those who are here in the gallery today could come to the communications estimates sessions, just for five minutes, they would see the members of this government line up and attack the ABC hour after hour. I'm sure that people across this country who have relied on the ABC and believe and trust the messages they have to say are outraged at the hypocrisy of the minister's comments today, his disrespectful way of coming in to describe a difficult few weeks for the ABC. It's a difficult few weeks for you, Minister, at the end of a period of time when you have been attacking the ABC nonstop. Your platitudes of continuing confidence in the ABC, allowing it independently to do its job, simply don't wash, not on the back of the changes that you have instituted.</para>
<para>Again, I say: Labor calls for a Senate inquiry to independently determine the involvement of this government. The ABC does not belong to the Liberal Party; it belongs to the Australian people. The Labor Party will always stand in defence of our great ABC. It's a vital institution in our democracy. This government should be ashamed of the way in which it has interfered.</para>
</speech>
<speech>
  <talker>
    <time.stamp>10:24</time.stamp>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I seek to take note of the minister's statement. What an absolutely laughable, if not tragic, display we've had from the minister today. It was an absolute whitewash of this issue, a pretence that the government had in no way involved themselves in these matters and that they're hands are clean of the absolute chaos that has been unfolding in the ABC and particularly on the ABC board.</para>
<para>When we saw Justin Milne resign as chair of the ABC board and his first interview in response to that, he well and truly belled the cat. He said, 'How on earth can we keep irritating the people who fund us?' That is the crux of the matter here. This government has continued to threaten the ABC with funding cuts, with reviews and with intimidation, and now we know that the Prime Minister was so irritated by particular journalists' stories and reporting that the chair of the ABC at the time resorted to calls to 'sack her' and 'shoot him', referring of course to Ms Alberici and to Mr Probyn. The Prime Minister said there was nothing to see here and that it had nothing to do with him. The Australian people can see right through that. We know that there is a problem with independence on the board of the ABC. It's been spelt out clearly by the former chairperson himself.</para>
<para>The Australian people deserve not only a public broadcaster that is funded properly to deliver the quality programs, news and stories that they've always relied on but their public broadcaster to be free of political interference. The ABC is owned by the Australian people, not by the government of the day. We know of course what this government would do with the ABC if they had their way, because their own national council passed a motion to privatise the public broadcaster. That's what they think of the ABC. Do you want to know what the Liberal Party really think about our public broadcaster? They want to sell it off. Cut its funding, criticise it, undermine its independence and then sell it off: that is this government's plan for our public broadcaster, and it is a disgrace. At a time when politics is viewed so poorly by the public—there's no need to guess why, when you look at the rabble on the government side and the absolute chaos that goes on on that side of the chamber—and at a time when the Australian people are desperate for quality journalism and news that they can rely on, they've always known that no matter what was going on they could rely on the ABC. Yet this government has actively engineered its undermining. They've stacked the board with their mates, they've cut funding and they've initiated reviews to further threaten the independence of the ABC. They still have before this place three pieces of legislation that are a direct attack on the ABC, its journalists and Australian audiences.</para>
<para>Minister Fifield can come in here and give a nicely worded statement about how all of this was going on and he had nothing to do with it. That is absolute bulldust. No-one buys it. The Prime Minister of the day wasn't happy and various ministers of the day weren't happy with stories and reporting coming out of the ABC, so what did they do? They called their mate on the board, who happened to be the chairperson, and said, 'Really not happy about this. What are you going to do about these journalists?' He fired off an email: 'Sack her; shoot him.' That is the disgraceful level of political interference that this government has exerted over our public broadcaster.</para>
<para>We also know that the competitive neutrality review and the three pieces of legislation currently before this place that are designed to cut the ABC off at the knees were introduced because of a deal with One Nation. Why does One Nation want to attack the ABC? The same reason the government does: they don't like journalists reporting facts, they don't like difficult questions coming from the media and they don't like stories that expose their hypocrisy. We know that immense pressure has been exerted on the ABC, because the chairperson himself belled the cat. He said that you can't keep irritating the person who funds you.</para>
<para>Let's get this political interference out of our public broadcasting, let's lock in funding and stop these political games and let's have a proper inquiry that looks at the facts. The government inquiry into itself is an absolute joke. I have a huge amount of respect for the secretary of the department of communications, but he has a job to do—that is, to deliver for the minister of the day—so I have absolutely no faith that the report that is being handed down today will deal with this issue in an honest and transparent way. We should establish a Senate inquiry, as others have said, and we should get that going as soon as possible. The main thing we need to do is restore faith in the ABC by making the board appointment process properly independent—no more PM's mates, thank you very much. We have to stop our public broadcaster from being used as a political pawn and its funding as a political weapon. The Australian people own their ABC. They deserve to know it's funded properly and is free of political interference. It is not owned by the government of the day and it is certainly not owned by the Liberal Party.</para>
<para>Let's be very clear: this government has been out to attack the ABC from the very first day they got into power. When Tony Abbott was Prime Minister he slashed hundreds of millions of dollars worth of funding to the public broadcaster. This minister slashed millions of dollars from the public broadcaster in the last budget alone. They've introduced legislation to undermine the independence of our public broadcaster, they have set up reviews designed to cripple its delivery service, they have done deals with One Nation and Pauline Hanson to undermine the credibility of the ABC, and their own political party wants to privatise the whole thing. The Liberal Party cannot be trusted with our public broadcaster, with its funding, with board appointments and certainly not with any reviews. This government has proven time and again to be the ABC's worst enemy and the worst enemy of public interest journalism, independence and proper reporting.</para>
</speech>
<speech>
  <talker>
    <time.stamp>10:34</time.stamp>
    <name role="metadata">Senator STORER</name>
    <name.id>275424</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>The ABC is the nation's premier cultural institution and the prism through which we view ourselves, the nation and the world. It's the most trusted media organisation in the country. It is the taxpayers' broadcaster. Minister Fifield noted the troublesome last several weeks, and I would extend that certainly to this year in terms of the reports that have come out on the pressure being put on the ABC to take action with regard to journalists' reporting of the government and its activities. I share with many South Australians and Australians generally a deep concern regarding these reports, and we would welcome very much a Senate inquiry into these matters, as well as the reports of the other inquiries occurring both within the government and externally.</para>
<para>Certainly the events of the last several weeks and the comments made by ministers, the Prime Minister and Minister Fifield point very much to the urgency of the parliament to act to enhance the transparency and independence of the process of appointing ABC directors. This will have both a real and a perceived effect. This is why I certainly welcome that the minister has noted that the position of chairman and managing director would not be filled permanently unless new legislative arrangements are in place. That's my point of view. I would welcome that and seek that.</para>
<para>I will be looking to amend the ABC Act to provide more value and credibility of the independent nominations panel that will then be tasked with the appointment process for ABC board directors. It would provide more explanation by the government publicly and in good time if it intends to ignore the recommendations of that panel. The minister or, in the case of the chairman, the Prime Minister will be required to consult with the opposition regarding finalisation of appointment and, if they disagree, we would have a further Senate inquiry into this matter. These are not radical but modest proposed changes to the ABC Act that would provide far more credibility as to the recommendations of the independent nominations panel and the appointment of the ABC directors, which of course then choose the managing director.</para>
<para>I'm very much interested in exploring increasing parliamentary guarantees for future funding of both the ABC and SBS. They have been under considerable pressure and funding for the next triennium is always hanging over them. I would seek to have an independent public review every three years to align with the regular triennial funding.</para>
<para>These ideas are a multistage process to ensure the independence, transparency and integrity of the ABC, which is our pre-eminent cultural institution. This of course, as seen by many people in the comments in the last months and years, is of significant concern with regard to the public broadcasting role that it has. I look forward to further discussion and the support of other senators in regard to this.</para>
<para>Question agreed to.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>MOTIONS</title>
        <page.no>6</page.no>
        <type>MOTIONS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Sexual Discrimination</title>
          <page.no>6</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>10:38</time.stamp>
    <name role="metadata">Senator HINCH</name>
    <name.id>2O4</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I seek leave to move a motion in relation to discrimination by independent schools against teachers and students on the grounds of sexual orientation.</para>
<para>Leave not granted.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Suspension of Standing Orders</title>
          <page.no>7</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>10:39</time.stamp>
    <name role="metadata">Senator HINCH</name>
    <name.id>2O4</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Pursuant to contingent notice, I move:</para>
<quote><para class="block">That so much of the standing orders be suspended as would prevent Senator Hinch from moving a motion relating to the consideration of a matter, namely a motion relating to discrimination by independent schools.</para></quote>
<para>I do not want to take up 30 minutes of private senators' time—Senator Leyonhjelm's time—this morning. We all know where we stand on this issue over the last few days. I'd rather talk about cannabis, which he wants to talk about. Can you confirm that leave is denied?</para>
<interjection>
  <talker>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>195565</name.id>
  </talker>
  <para>Senator Hinch, you just moved to suspend the standing orders, so you now have five minutes to have your say.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator HINCH</name>
    <name.id>2O4</name.id>
  </talker>
  <para>Thank you. I am appalled by what has happened in the past week in this country. I applaud the government and the opposition for what they are planning to do about changing some of the discrepancies in the sexual discrimination laws around independent schools. But what angered me is that, for 48 hours last week, the government, the opposition and, for a minute there, even the Greens sat back when the moral duty of this country, of this government and of this parliament was to defend children. We had a situation where the Prime Minister of this country stood there and kept saying, 'The existing laws, the existing laws, the existing laws.'</para>
<para>The fact is: we had Mr Hawke getting up and saying that independent schools were entitled to expel children and ban children because of their sexual orientation—that was a disgrace—and that teachers should not be allowed to teach because of their sexual proclivities. It was just a lack of common decency. I thought to myself: I'm an atheist, but what if I were a churchgoing person or a person of faith who had three children and one of my children—a teenager—had doubts about their feelings or sexual orientation? Two of my children would be able to go to an independent school, but the third one wouldn't. Maybe at 14 or 15 that child, having been refused permission to go to the school, then goes out and hangs himself or herself, as has happened in this country so many times in recent years.</para>
<para>The fact that taxpayers' money is going to fund these schools is wrong. That is why I believe the government should work with the states and territories to achieve consistency in antidiscrimination laws, should—and I believe this passionately—withhold federal funding from any school which engages in discrimination against teachers or students on the basis of their sexual orientation and should deny or must deny charity tax concessions to any organisation or commission responsible for a school that engages in such discrimination.</para>
<para>This is 2018. From what I read and heard last week, it is like we're going back to the 1950s. What made it even more personal and more hard for me is that I spent eight hours listening to horror stories as the chair of the redress committee into sexual abuse of institutionalised children in this country, and then to get home and read, when parts of the Ruddock report were released in <inline font-style="italic">The </inline><inline font-style="italic">Sydney Morning H</inline><inline font-style="italic">erald</inline>, all this stuff about the fact that there are still schools that can differentiate against children was just disgusting. They didn't seem to mind having paedophile teachers in their schools for decades—that was seen to be fine; they were there for decades—and yet now they discriminate against teachers who may be of a different sexuality than I am or students who may be feeling that way. I just think it's a disgraceful thing.</para>
<para>I'm glad that territories are going to get involved—I hope they're going to get involved—and that the government and the opposition are going to get involved. Some of the senators coming up to speak will, I believe, gut and destroy my motion today. If you do, look hard and long at yourselves, because we're looking after kids here. I ask a question I asked for 40 years as a journalist: who's looking after the children? I ask that because, right now, in this building and in this government, we are not looking after the children.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>10:43</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>The government were prepared to give leave to Senator Hinch to have this motion and the various amendments that have been foreshadowed dealt with by the Senate swiftly, but we're not prepared to support a suspension motion to disrupt the orderly processes of the Senate. There are appropriate, more efficient avenues available to deal with the proposed motion.</para>
<para>Let me talk to the substantive issue and refer the Senate to a statement that was issued by the Prime Minister on Saturday. As the Prime Minister indicated, this past week there have been numerous misrepresentations of proposals by the Ruddock review in relation to laws regarding discrimination against children attending religious schools. Contrary to what has been reported, the Ruddock review proposes to strengthen the protections against discrimination for students. The Ruddock review actually proposes restrictions to the laws introduced by the previous Labor government which gave religious schools greater ability to expel students when the school considered that that was necessary according to the doctrines of the religion in question. Incidentally, may I pause here to note that the schools themselves have indicated that they don't need, don't want and have not used this particular power contained in Labor's legislation. This misreporting has created unnecessary confusion and anxiety for parents and students alike.</para>
<para>To address this issue, the Prime Minister has been taking action to ensure amendments are introduced as soon as practicable to make it clear that no student of a non-state school should be expelled on the basis of their sexuality. We believe that this view is, indeed, shared across the parliament, and we should use this upcoming sitting fortnight to ensure this matter is addressed appropriately. It is to this end that the Prime Minister asked the Attorney-General to prepare amendments and consult with the opposition. He will write to the Leader of the Opposition, Bill Shorten, to invite him to work with the government on a bipartisan basis to provide certainty in this area. The Prime Minister also made clear again that our government does not support expulsion of students on the basis of sexuality from religious non-state schools. As the Prime Minister noted, this is a view which is widely shared by religious schools and communities across the country.</para>
<para>In relation to the Ruddock review more broadly, the government will continue to work through our response through the normal deliberative processes of cabinet. As the Senate would be aware, the cabinet commissioned the Ruddock review. The government received the Ruddock review in May and the Attorney-General, as the responsible minister, has been working through a process which ultimately will lead to the consideration of relevant recommendations by the cabinet. These are sensitive matters and, as I indicated over the weekend, they are matters on which good Australians can have a diversity of genuinely and sincerely held views. It is important that we consider these issues through a proper process to ensure that we achieve an appropriately balanced position. So, on that basis, the government will not be supporting the suspension of standing orders and we will not be supporting the motion.</para>
</speech>
<speech>
  <talker>
    <time.stamp>10:47</time.stamp>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Labor has consistently made it clear that we support religious freedom. We welcomed the Turnbull government's decision to establish a review into religious freedom, and we've always said we are open to meaningful discussions about whether religious freedom needs better and further protections. We know that there are many strong views in the current debate about how to best balance freedom of religion with the right of all Australians to live free from discrimination. We respect these views and would have welcomed a proper mature debate about the issue, which the religious freedoms review was meant to facilitate. It's unfortunate, therefore, that the government has chosen to hide the review for the last five months and to deny the Australian people that opportunity.</para>
<para>As a result, in the last week, there have been repeated leaks from the Morrison government that have suggested that the review recommends changes to anti-discrimination legislation that would make it easier for religious schools to deny enrolment or expel children and to sack teachers or deny them employment on the basis of their sexual orientation or gender identity. I know this has been distressing for many young gay people and their families.</para>
<para>The public outcry that has ensued makes clear that these exemptions, even as they currently exist in a minority of jurisdictions, are out of step with the views and beliefs of most Australians. While it is clear that the exemptions are used rarely—if at all—they are anachronistic and deny dignity to children. This view is widely shared even amongst those organisations that could potentially make use of the exemptions. As Catholic Schools NSW, which represent 595 Catholic schools and their 255,000 students have recently said:</para>
<quote><para class="block">Nothing in the Bible or in Catholic teaching can be used to justify prejudicial or discriminatory attitudes and behaviours.</para></quote>
<quote><para class="block">… … …</para></quote>
<quote><para class="block">We did not seek concessions to discriminate against students or teachers based on their sexuality, gender identity or relationship status.</para></quote>
<para>It is Labor's view that we can remove discrimination and protect religious freedoms at the same time. That is why the Leader of the Opposition wrote to the Prime Minister last week to offer Labor's support and assistance in passing a bill to amend the Sex Discrimination Act 1984 to remove the exemptions that currently allow religious schools to discriminate against children on the basis of their sexual orientation and gender identity.</para>
<para>Today we extend that offer to include the removal of the exemption which would allow teachers or other staff to be sacked or refused employment because of sexual orientation. Put simply, people should not be discriminated against because of their sexuality. Of course, we respect the rights of religious organisations to run their schools in line with their beliefs and their doctrines, and we will be talking further with schools to ensure that they are able to teach their students according to their religious beliefs while not discriminating against students or staff. People employed in those schools must of course respect those beliefs and traditions as they carry out their roles, but Australia is a modern, fair and tolerant nation, and legislated discrimination should not be allowed to stand.</para>
<para>We can do these two things now and we can do them quickly. We do not agree that public funding should be threatened for institutions that don't comply. Kids do not deserve to pay the price. We should make it the law so that there is no doubt that discrimination based on sexuality is not acceptable. If there are other issues that relate to religious freedoms that need to be addressed, Labor is up for that too, but the government needs to release the report. It is simply absurd that this debate is occurring without the report having been released. What is the government hiding? I urge it to release the report so that all Australians can have their say.</para>
</speech>
<speech>
  <talker>
    <time.stamp>10:51</time.stamp>
    <name role="metadata">Senator DI NATALE</name>
    <name.id>53369</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>The Greens will be supporting this motion. We'll be supporting this motion not just because it's about children, as Senator Hinch has indicated, but because everyone—every student, every child, every teacher, every educator—should be treated fairly and not be subject to discrimination in Australia. We came together a year ago as a nation to decide collectively that we no longer want to see discrimination in marriage. The Australian community made that point as loudly as they possibly could. They voted for equality, not for more discrimination. Today we read, in recent opinion polls, that Australians are appalled at the prospect of schools being able to expel a child simply because they are coming to terms with their sexuality or gender identity, or indeed that a teacher or educator could lose their job because they happen to be in a same-sex relationship.</para>
<para>We heard, through the debate around the marriage equality plebiscite, how damaging it was to those young people coming to terms with their sexuality, learning about who they are, struggling with it, being confused by it and yet getting messages from the leaders of this country that, somehow, how they feel makes them second-class citizens in this country. This debate continues, through the Ruddock review into religious freedoms, where the views of young people coming to terms with their sexuality and gender identity are once again under the microscope, being challenged. They are being told that, somehow, a school should have the right to expel a student simply for being attracted to someone of the opposite gender or for being somebody who is coming to terms with their own gender identity.</para>
<para>Imagine you are a teacher at a religious school, knowing that you don't have the same protections as your fellow teachers and that, simply because of the relationship that you're in, your job could be on the line. Senator Cormann says that most schools don't want the power to discriminate. Well, that misses the point. To be frank, I don't care whether religious schools want this power or not. They shouldn't have it. There are no circumstances under which a secular society like Australia's should allow religious institutions, schools, the freedom to discriminate against students and teachers.</para>
<para>We Greens have a very proud record on this. In my home state of Victoria several years ago, the Greens moved to abolish this area of discrimination in Victorian law. What happened? The Liberal Party and the Labor Party voted against it, so that now in Victoria you can continue to discriminate on the basis of someone's sexuality or gender identity. It needs to be prevented, in law, across the country. That's why the Greens will be supporting this motion, although we note that Labor's amendment appears to exclude gender identity. We hope that's an oversight, and we'll be seeking to amend the motion when it comes before the chamber.</para>
<para>Of course, the Ruddock review should be released publicly so that we can know what's in it, what the recommendations that have been proposed are and what the rationale is for those recommendations. When we asked the Senate to order the production of that document, Senator Cormann said he wouldn't do it because it was the subject of cabinet deliberations. And then last week we heard from the Prime Minister, who said: 'Actually, cabinet hasn't seen it. It's not before the cabinet and therefore we can't release it publicly.' Which one is it? Who's lying, who's misleading the parliament? Again, we stress this point: we've heard over the last few days the Labor Party and the coalition finally agreeing to what the Greens have been saying for many, many years—that is, no student should be expelled because of who they are. Well, we now call on both sides of politics to end discrimination in law not just for students but for teachers and educators as well.</para>
</speech>
<speech>
  <talker>
    <time.stamp>10:56</time.stamp>
    <name role="metadata">Senator LEYONHJELM</name>
    <name.id>111206</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>This debate is not about discrimination; it's about procedure. We can deal with matters such as this—discrimination in schools—in motions in the normal way. A better way to deal with an issue like this would be an MPI. But we don't have to deal with it on a Monday morning as a suspension motion that is eating into other time.</para>
<para>When any other party, any other senator in this place, wants to introduce a subject like this into the debate, they follow procedure. The government, Labor, the Greens, the Conservatives, One Nation, myself as the Liberal Democrats, Katter's Australia Party, the United Australia Party and Centre Alliance: we all put a motion on notice and then we deal with it the next day. One senator in this place doesn't think that applies to him. That senator is Senator Hinch. What he does is tweet, 'I'm going to move on Monday for a motion to withdraw funding from schools if they discriminate.' When I pointed out to him in a follow-up tweet that he couldn't do that, that he had to lodge it on Monday and consider it on Tuesday, what was his response? He moves a motion to suspend on Monday morning just so that he can live up to what he said he was going to do in the tweet. That's all he's going to do. It is posturing; it is virtue signalling; it is blowing hard. The only thing missing from it so far is, 'Shame, shame, shame'.</para>
<para>I say: do not support this suspension motion. Allow the matter to be dealt with, preferably as an MPI, so that it can be debated. Lodge it today so that it can be considered tomorrow, like everybody else in this place does. But Senator Hinch apparently doesn't think this applies to him.</para>
</speech>
<speech>
  <talker>
    <time.stamp>10:58</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>We will not be supporting the suspension of standing orders for the reasons that Senator Leyonhjelm has indicated—that is, there are procedures to do this and we do need to respect the normal order of business in this chamber. However, if the suspension is successful, or indeed if it's brought on tomorrow, we will be supporting the motion as amended by Labor.</para>
<para>I want to go to the issue of cabinet in confidence. Obviously we've been denied access to this document. It's subject to an order of production. Minister Cormann has stood here, and indeed written to the chamber, stating that this document can't be released 'because it's a deliberation of cabinet'. Now, I respect the idea that deliberations of cabinet are in fact sacred and they should be withheld for good reasons, solidarity of cabinet reasons, but we're not asking for any record of the deliberations. We're asking for a report that was prepared by Mr Ruddock. It is not a cabinet submission, it is not a record of cabinet and it is not a decision of cabinet. And those three document types are the only ones that you can claim cabinet in confidence over. What the government is doing here is using an aroma of cabinet to actually hide or try and keep from the Senate a report which is not a cabinet submission.</para>
<para>And indeed they perhaps have done themselves a disfavour by having a partial report released or, at least, having elements of the report released. We don't know whether the whole document says something that is contrary to the leaked material. So it's a bit of an own goal for the coalition. I might also ask: if the coalition really believes this is a document that is subject to cabinet protection, why have you not called in the AFP to find out who has, in fact, leaked this information? You certainly were quick to do so in the au pair cases, so why not in this instance, if you really do believe that this is a cabinet document?</para>
<para>As to the more important topic of this motion, the Centre Alliance's position is very clear. All teaching appointments should be based on merit. Sexuality has no part to play. Conduct, of course, can be a determinant in any sacking, but, provided unacceptable conduct is spelt out and people understand what that is, it can be dealt with accordingly. Once again, that's the reason why we will support the motion with the foreshadowed amendments from Labor. I might also make it very clear that Centre Alliance also supports religious freedom, insofar as that freedom is not inconsistent with national laws or with broad community expectations.</para>
</speech>
<speech>
  <talker>
    <time.stamp>11:02</time.stamp>
    <name role="metadata">Senator STORER</name>
    <name.id>275424</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I just want to put on the record that I will not be supporting the suspension motion for the reasons outlined by Senator Leyonhjelm. But, certainly, if the suspension motion is passed, I will be supporting the amendments made by Senator Farrell to Senator Hinch's motion. It's very important that a strong message is sent to the Australian community that this parliament is rejecting the discriminatory position outlined in the Ruddock review, and that, reflecting the comments made in terms of same-sex marriage and other bullying initiatives, exclusion and discrimination based on sexuality or otherwise in any workplace are not acceptable. There should certainly be immediately the release of the full Ruddock review, which seems very much required, and we should certainly be looking at repealing the Sex Discrimination Act provisions which are allowing religious schools to sack staff or expel students on the basis of their sexuality.</para>
</speech>
<speech>
  <talker>
    <time.stamp>11:03</time.stamp>
    <name role="metadata">Senator RICE</name>
    <name.id>155410</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>The Greens are supporting the suspension of standing orders because it is important and urgent that we move to put on the record the complete rejection of discrimination against any LGBTI students and also staff—any staff, not just teachers—and, in fact, removing discrimination against all LGBTI people. We are supporting the suspension. I note that we have got Senator Hinch's motion and we have got various foreshadowed amendments to that motion. We are supporting these motions, but, again, they do not go far enough as they are currently worded. They don't include gender-diverse people, and we know that the discrimination against transgender and gender-diverse students and staff is extreme. In fact, during the marriage equality debate, the prejudice and the attacks on trans people just because of being trans showed that that level of discrimination, prejudice and stigma against trans people is still there. Also, these motions, as worded, don't apply to removing discrimination against all staff in all ways. They talk about not sacking staff, but how about hiring of staff? How about refusing promotions of staff? There are a whole range of other things that need to be addressed. We will be giving notice today for the introduction of a bill to amend the Sex Discrimination Act, which would remove all discrimination against LGBTI people associated with schools. Kids have to flourish, but so do all staff. It would make sure there's no discrimination against rainbow families, where you have two mums or two dads. We know at the moment there is discrimination in schools against those families. In short, we'll be supporting this, but we need to go much further to ensure all LGBTI people are celebrated and not discriminated against.</para>
</speech>
<speech>
  <talker>
    <time.stamp>11:05</time.stamp>
    <name role="metadata">Senator FARUQI</name>
    <name.id>250362</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Last week I thought I'd woken up in the 1950s. The Ruddock review into religious freedom recommended that the ability for religious schools to legally discriminate against LGBTQI students and teachers be entrenched in federal law. We already know the horrific consequences that such laws have for people in our community. Young people in all schools are receiving the very public message that they are not accepted. LGBTQI students feel they have to live their teenage years in silence and hide their identity for fear of being expelled. For teachers, laws that allow discrimination mean they're forced to live double lives and constantly worry about the risk of losing their job if they are outed. We seriously have to ask the question—and this is what the motion proposes—whether schools which discriminate on any basis should get a single cent of public money. We know there should be no discrimination, full stop, against students, teachers, parents or staff. If any school or organisation chooses to accept public funding, they must also accept the secular values of our society and what the community wants. Our schools should be places where social inequality is undone, not entrenched, where all students are accepted and where staff are able to teach as themselves and instil an appreciation of all people in their students.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The question is the motion to suspend standing orders be agreed to.</para>
</interjection>
</speech>
<division>
          <division.header>
            <body>
              <p class="HPS-DivisionPreamble">The Senate divided. [11:11]<br />(The President—Senator Ryan)</p>
            </body>
          </division.header>
          <division.data>
            <ayes>
              <num.votes>30</num.votes>
              <title>AYES</title>
              <names>
                <name>Cameron, DN</name>
                <name>Carr, KJ</name>
                <name>Chisholm, A</name>
                <name>Collins, JMA</name>
                <name>Di Natale, R</name>
                <name>Dodson, P</name>
                <name>Farrell, D</name>
                <name>Faruqi, M</name>
                <name>Gallacher, AM</name>
                <name>Hanson-Young, SC</name>
                <name>Hinch, D</name>
                <name>Keneally, KK</name>
                <name>Ketter, CR (teller)</name>
                <name>Kitching, K</name>
                <name>Lines, S</name>
                <name>McAllister, J</name>
                <name>McCarthy, M</name>
                <name>McKim, NJ</name>
                <name>Moore, CM</name>
                <name>O'Neill, DM</name>
                <name>Pratt, LC</name>
                <name>Rice, J</name>
                <name>Siewert, R</name>
                <name>Singh, LM</name>
                <name>Smith, DPB</name>
                <name>Sterle, G</name>
                <name>Waters, LJ</name>
                <name>Watt, M</name>
                <name>Whish-Wilson, PS</name>
                <name>Wong, P</name>
              </names>
            </ayes>
            <noes>
              <num.votes>31</num.votes>
              <title>NOES</title>
              <names>
                <name>Abetz, E</name>
                <name>Anning, F</name>
                <name>Birmingham, SJ</name>
                <name>Brockman, S</name>
                <name>Burston, B</name>
                <name>Bushby, DC</name>
                <name>Canavan, MJ</name>
                <name>Cash, MC</name>
                <name>Colbeck, R</name>
                <name>Duniam, J</name>
                <name>Fierravanti-Wells, C</name>
                <name>Fifield, MP</name>
                <name>Gichuhi, LM</name>
                <name>Griff, S</name>
                <name>Hume, J</name>
                <name>Leyonhjelm, DE</name>
                <name>McGrath, J</name>
                <name>McKenzie, B</name>
                <name>Molan, AJ</name>
                <name>O'Sullivan, B</name>
                <name>Patrick, RL</name>
                <name>Payne, MA</name>
                <name>Reynolds, L</name>
                <name>Ruston, A</name>
                <name>Ryan, SM</name>
                <name>Scullion, NG</name>
                <name>Seselja, Z</name>
                <name>Smith, DA (teller)</name>
                <name>Stoker, AJ</name>
                <name>Storer, TR</name>
                <name>Williams, JR</name>
              </names>
            </noes>
            <pairs>
              <num.votes>6</num.votes>
              <title>PAIRS</title>
              <names>
                <name>Bilyk, CL</name>
                <name>Fawcett, DJ</name>
                <name>Brown, CL</name>
                <name>Martin, S.L</name>
                <name>Marshall, GM</name>
                <name>Cormann, M</name>
                <name>Polley, H</name>
                <name>Sinodinos, A</name>
                <name>Steele-John, J</name>
                <name>Macdonald, ID</name>
                <name>Urquhart, AE</name>
                <name>Paterson, </name>
              </names>
            </pairs>
          </division.data>
          <division.result>
            <body>
              <p class="HPS-DivisionFooter">Question negatived.</p>
            </body>
          </division.result>
        </division></subdebate.1></debate>
    <debate><debateinfo>
        <title>BUSINESS</title>
        <page.no>12</page.no>
        <type>BUSINESS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Rearrangement</title>
          <page.no>12</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>11:14</time.stamp>
    <name role="metadata">Senator FIFIELD</name>
    <name.id>D2I</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That general business order of the day no. 76 (Criminal Code and Other Legislation Amendment (Removing Commonwealth Restrictions on Cannabis) Bill 2018) be considered today at the time for private senators' bills.</para></quote>
<para>Question agreed to.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>BILLS</title>
        <page.no>12</page.no>
        <type>BILLS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Criminal Code and Other Legislation Amendment (Removing Commonwealth Restrictions on Cannabis) Bill 2018</title>
          <page.no>12</page.no>
        </subdebateinfo><subdebate.text>
          <body xmlns:pic="http://schemas.openxmlformats.org/drawingml/2006/picture" xmlns:wp="http://schemas.openxmlformats.org/drawingml/2006/wordprocessingDrawing" xmlns:aml="http://schemas.microsoft.com/aml/2001/core" xmlns:wx="http://schemas.microsoft.com/office/word/2003/auxHint" style="" xmlns:r="http://schemas.openxmlformats.org/officeDocument/2006/relationships" xmlns:v="urn:schemas-microsoft-com:vml" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" xmlns:w="http://schemas.openxmlformats.org/wordprocessingml/2006/main" xmlns:w10="urn:schemas-microsoft-com:office:word" background="">
            <a href="s1126" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Criminal Code and Other Legislation Amendment (Removing Commonwealth Restrictions on Cannabis) Bill 2018</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>Second Reading</title>
            <page.no>12</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>11:15</time.stamp>
    <name role="metadata">Senator LEYONHJELM</name>
    <name.id>111206</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>On behalf of the Liberal Democrats, I introduced my bill removing Commonwealth restrictions on cannabis. The Liberal Democrats have called for the legalisation of cannabis for both medicinal and recreational use since the party's formation in 2001. We are a party of consistency and principle, not a party that blows with the political breeze. In fact, for years the Liberal Democrats was the only political party in the Australian parliament to support the legalisation of cannabis. Until recently, the policy of the Greens has been to keep cannabis illegal except for medicinal use. This reflected the core Greens' traits of elitism, wowserism and authoritarianism. The Liberal Democrats have gone it alone to legislate to legalise cannabis. I prepared the bill and introduced the bill before us today. I had a Senate committee thoroughly review the bill, and now I devote what little time I have in control of the Senate agenda to debating this important bill.</para>
<para>I don't pretend that we will legalise cannabis today, but the bill encapsulates the steps that need to be taken to get to the outcome we need. It's the work of a serious political party, not a party concerned only with appearances. I will first describe what the bill does, and after that I will indicate why it's important that it pass.</para>
<para>The bill is called the Criminal Code and Other Legislation Amendment (Removing Commonwealth Restrictions on Cannabis) Bill 2018. It is about the removal of Commonwealth restrictions on cannabis. It doesn't purport to legalise cannabis across the nation, because we live in a federation. Questions of criminal law should ultimately be matters for the states. The bill does not start until 12 months after royal assent to give the states an opportunity to react to the removal of Commonwealth restrictions. I would hope that at least some states would react by legalising cannabis in their jurisdiction, but ultimately that is a matter for each state.</para>
<para>The bill is predominantly about the Commonwealth criminal law. It ensures that cannabis is no longer listed as a controlled drug or a border controlled drug or a serious drug. This ensures that dealings in cannabis no longer carry the risk of a life sentence and fines in excess of $1 million. Penalties like that should be reserved for murderers. For simply dealing in cannabis such penalties are a huge injustice. The bill's removal of cannabis from the Commonwealth criminal law includes the removal of prohibitions on cannabis imports and exports. Consistent with this, I have arranged for an amendment to my bill to remove references to cannabis in regulations that list prohibited imports and prohibited exports.</para>
<para>The bill's removal of cannabis from the Commonwealth criminal law also makes redundant those concessions for cannabis in the drug offences of the Defence Force Discipline Act 1982. My bill removes those redundant concessions and leaves in place the offences which will only apply to drugs other than cannabis. These remaining drug offences in the Defence Force Discipline Act reverse the onus of proof. This is not something I support, but that is the law as it stands, and the bill before us today is only concerned with removing restrictions on cannabis. The Scrutiny of Bills Committee concluded that my bill was inserting a reversal of the onus of proof into the law, but this was a misreading of my bill and the law as it stands. The reversal of the onus of proof is an existing element of the Defence Force Discipline Act.</para>
<para>To avoid prohibition through the back door, my bill prevents the Department of Health from listing cannabis on its poisons standard, a regulation that restricts the availability of various substances. In a concession to the Department of Health and its role of signalling effective therapies to the community, I have also had prepared an amendment to my bill that would provide an exception. My amendment would allow the Department of Health to list on its poisons standard certain cannabis preparations if a proponent seeks such a listing and the department agrees that the preparation has therapeutic use.</para>
<para>Finally, my bill removes cannabis from the Narcotic Drugs Act 1967, which is an act in the Health portfolio. This act currently contains offences, punishable by up to 10 years of imprisonment, for dealings in drugs that are not licensed under the act. With the removal of cannabis from the Commonwealth criminal law, it is appropriate to also ensure that dealings in cannabis do not give rise to criminal penalties under the Narcotic Drugs Act 1967. The Department of Health could still issue licences for dealings in cannabis that it approves of, such as for the preparation of medicinal cannabis, but there would be no criminal consequences for dealings in cannabis without such licences.</para>
<para>For the passage of this bill through the federal parliament, I expect we would need more Liberal Democrats elected to the Senate. Having the courage to make the right decisions is not very common in this place. If passed, the act would not legalise cannabis. To fully legalise cannabis, we would probably need more Liberal Democrats elected at the state level as well. Only then would Australians whose drug of choice is cannabis, rather than alcohol or tobacco, be freed from unwarranted harassment.</para>
<para>Let me now turn to some reasons why it ought to pass and why the states and territories should respond with their own legislation to make cannabis legal. This bill has been subject to an inquiry which highlighted some of the objections to cannabis legalisation. The inquiry was told that our opiate exports would be in jeopardy if we legalised cannabis. This is hysterical nonsense. Cannabis is not prohibited in countries that compete with us in the cultivation of opiates for medicinal use. It is effectively legal in Spain, deregulated in Portugal, freely available in Turkey and India, and available on prescription in the Czech Republic. Each of these countries produces opiates.</para>
<para>We heard that making it legal will lead to more people using cannabis. This is more nonsense. In 2000, Portugal decriminalised the use of all illicit drugs. This means most possession and supply is of comparable seriousness to illegal parking. Analysis by the UK's Home Office found that the health of drug users in Portugal showed a considerable improvement since possession became a health issue, not a criminal one. There was essentially no change in the number of drug users.</para>
<para>After three-quarters of a century of prohibition, it is pretty clear there aren't many people who have been deterred by the law from using cannabis. Cannabis is the most widely used drug in Australia. The <inline font-style="italic">National drug strategy household survey</inline><inline font-style="italic"> 2016</inline> indicated that 35 per cent of Australians surveyed had used cannabis products at some point in their lives: 10.4 per cent over the age of 14 years old had used it within the last 12 months and 4.1 per cent of all Australians had used cannabis within the past week prior to the survey. The largest group of users was concentrated in the 20- to 29-year-old age group. It's not dying out with the baby boomers either. The Australian Criminal Intelligence Commission says cannabis accounts for the greatest proportion of illicit drug offences in Australia. In 2016-17, there were 77,549 cannabis arrests. That's the second-highest on record, a truly shocking figure.</para>
<para>A growing number of countries have legalised or decriminalised the possession and use of cannabis. In some cases they changed their laws, including in Uruguay, Canada, the Netherlands, Jamaica and parts of the United States. There are a lot more countries that have simply stopped enforcing the law. In fact, notwithstanding the number of arrests, this is occurring in Australia too. The production, sale, possession or use of any form of the cannabis plant for recreational purposes remains prohibited in all Australian states, and yet different penalties apply depending on the state or territory in which the offence took place. In South Australia, the Australian Capital Territory and the Northern Territory, minor cannabis offences have been decriminalised and attract only civil penalties. Most states and territories offer diversion programs or drug and alcohol treatment programs before criminal sanctions are applied.</para>
<para>Notwithstanding this, no state or territory has yet fully decriminalised cannabis possession and use for recreational purposes. They should, because the policy of prohibition, notwithstanding its patchy enforcement, is an abject failure. This was confirmed by Mr Mick Palmer, former Commissioner of the Australian Federal Police, who gave evidence to the committee inquiring into this bill. He said:</para>
<quote><para class="block">… the reality is that, contrary to frequent assertions, drug law enforcement has had little impact on the Australian drug market or for that matter, on the drug markets of most, if not all, countries in the world.</para></quote>
<quote><para class="block">Australian police are better resourced, better trained, and more effective than ever and yet their impact on the drug trade, on any objective assessment, has been minimal.</para></quote>
<para>In fact, a compelling argument in favour of legalisation is that it would deprive organised crime of a major source of income and relieve police of the costs of finding and destroying illicit crops. Of the $1.5 billion spent annually on drug law enforcement, 70 per cent is attributable to cannabis. That's an expense we do not need.</para>
<para>The financial argument doesn't end there either. There's the opportunity for increased tax revenue—something of interest to the big spenders on both sides of this chamber. If its consumption is legal, it will be subject to GST. The Parliamentary Budget Office has estimated this would raise around $300 million a year. Unlike alcohol, cannabis does not make some people violent or encourage them to believe they can sing and dance. A working father who uses cannabis to relax at the end of a work week instead of having a beer is probably better off. But in any case, if the individual's actions affect no-one but themselves, it should not be a matter for the state to legislate upon. Quite simply, governments are not competent and do not have the moral authority to ban something based either on disapproval or on a desire to protect people from their own choices. When the population engages in lawbreaking on the scale found with cannabis, it is clear that the law is wrong, not the population.</para>
<para>The Liberal Democrats are a libertarian party. That means we don't think the government has to declare everything to be either compulsory or prohibited. There should be room for personal decisions and personal responsibility, and that includes making your own mistakes. God knows the government makes its own fair share of mistakes.</para>
<para>I personally would not recommend recreational cannabis use. The inquiry into the bill confirmed that, at least for some people, it would be prudent to avoid cannabis. For similar reasons, I do not recommend alcohol or tobacco consumption, which despite being legal are more harmful than cannabis use. But I'm not a dictator, I'm not your parent and neither is the government, and adults can make up their own minds. Subject to protecting third parties, including children, the Liberal Democrats support legalising all uses of marijuana: medical, recreational and the hemp industry. It is high time we stopped interfering in adult choices. Government opinions are only relevant to those who are incapable of deciding things for themselves. I commend my bill to the Senate.</para>
</speech>
<speech>
  <talker>
    <time.stamp>11:29</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I rise to speak on the Criminal Code and Other Legislation Amendment (Removing Commonwealth Restrictions on Cannabis) Bill 2018, this bill introduced by our colleague Senator Leyonhjelm, who said at the time that it was informed by the principle that 'adults should be free to make their own choices as long as they do not harm others'—as long as they do not harm others. That's a phrase I will come back to. Accordingly, this bill removes offences and civil penalty provisions in Commonwealth law for dealing with cannabis. The explanatory memorandum outlines that the bill would 'allow any state or territory government to legalise and regulate cannabis', and that it would address several issues, including the casting of cannabis users who might otherwise be law-abiding citizens as criminals, and the subsequent pressure on the criminal justice system. It is estimated that legalising cannabis would reduce the annual Commonwealth law enforcement expenditure by $100 million per year and increase GST revenue by $300 million a year. The explanatory memorandum states:</para>
<quote><para class="block">Cannabis use is less harmful than alcohol use and tobacco use. Legalising cannabis would improve access to cannabis for recreational, medicinal, industrial and other purposes. Access for medicinal purposes is currently hamstrung through excessive regulation.</para></quote>
<para>The effect of the bill would be to amend a number of Commonwealth laws that prohibit and control cannabis, and they include the Criminal Code of 1995, the Criminal Code Regulations 2002, the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990, the Defence Force Discipline Act 1982, the Narcotic Drugs Act 1967 and the Therapeutic Goods Act 1989.</para>
<para>The bill was introduced in the Senate in May 2018 and was immediately referred to a committee. The Senate Selection of Bills Committee said:</para>
<quote><para class="block">As the first legislation to propose the removal of Commonwealth restrictions on cannabis, there is a case to examine: the merits of legalisation, law enforcement issues, extradition issues, constitutionality, treaty issues, trade rule issues, Commonwealth-state issues, and budget issues.</para></quote>
<para>The Legal and Constitutional Affairs Committee, of which I am a member, reported to the Senate on 17 August with one recommendation, and one recommendation only, and that was that the Senate not pass this bill. The bill's proposed amendments to the Narcotic Drugs Act would dismantle the very carefully constructed regulations on the cultivation, production and manufacture of medicinal cannabis introduced to the Narcotic Drugs Act in late 2016.</para>
<para>First, the effects would be to leave the matter of cannabis regulation and control almost entirely to the states and territories. Enactment would not in itself legalise cannabis for recreational use but might lead to the states and territories considering such a move separately, of their own accord. Individual jurisdictions might also take different approaches to authorising cannabis and cannabis-derived products for medical and scientific use.</para>
<para>Second, the potential effects of the proposed amendments would be that Australia's cultivation and production of cannabis for both medicinal and scientific purposes would not be compliant with its international treaty obligations as provided for by the Single Convention on Narcotic Drugs. Without Commonwealth regulation consistent with Australia's international obligations, states and territories providing for cultivation of cannabis for medicinal purposes would affect Australia's ability to present itself as compliant with the single convention. In turn, this could have adverse reputational implications for Australia's licit poppy industry, with medium-term risks to Australia's approved status as a major supplier of poppy straw in a timely, controlled manner. In addition, this bill is not supported by the AMA, the RACGP, Painaustralia, the Alcohol and Drug Foundation or Western Australia Police Force.</para>
<para>I want to talk very briefly—before going into a little bit more detail on that issue—about the progress and expansion of medical cannabis, and its use and production under the Liberal-National government. The Liberal-National government has taken action to assist doctors who believe that their patients may benefit from using medicinal cannabis, including terminally ill patients. Under this government, we have set up a cannabis licensing scheme to allow the cultivation and manufacture of medicinal cannabis products that are safe for use by patients under appropriate medical supervision. In fact, in February last year, the Minister for Health announced that the government would facilitate faster access by qualified doctors to medicinal cannabis products for patients with the necessary approvals. Until domestic production meets local needs, the government will authorise controlled importation by approved providers from approved international sources to enable an interim inventory in Australia. As at 20 July this year, 42 domestic licences have been granted: 19 for the cultivation of cannabis for medicinal use, 10 for cultivation for research and 13 for the manufacture of medicinal cannabis products. Patients are also accessing medicinal cannabis products in a very timely manner via the patient pathways that this government has put into place. So far, 1,375 patients have been approved to use prescribed medical cannabis since 1 July 2016. So, as you can see, Acting Deputy President, the cultivation and regulation of the medical cannabis industry has expanded and developed significantly under this government in a supervised, quality-controlled approach to pain relief and other medical applications.</para>
<para>There are numerous reasons why this bill cannot be supported, and they are not only, as I said, numerous but also varied. The first is increased harm to users. That's something that was well examined in the Legal and Constitutional Affairs Committee report into this legislation. The Department of Health in particular pointed out that there would potentially be increased harm for users with the passage of this bill. They said that, while many Australians may view cannabis as harmless, almost a quarter of Australia's drug and alcohol treatment services are being provided to people identifying cannabis as their principal drug of concern. That's roughly the same as the number of treatment episodes for amphetamine use. Cannabis use has been demonstrated to have significant health outcomes, including problems with memory and learning; addiction; decreased motivation and concentration; anxiety; increased risk of respiratory diseases; paranoia; and, in some cases, psychosis—again, an issue I would like to come back to.</para>
<para>The Royal Australian College of GPs submitted that, while there were benefits to some patients using medicinal cannabis, its recreational consumption had very poor outcomes in several ways, including the risk of mental health problems and cannabis use disorder. Legalising the recreational use of cannabis can also have significant negative impacts on public safety issues, especially driver impairment and work health and safety problems, which have to be carefully considered against the potential benefits that regulating the sale of cannabis might bring. The Royal Australian College of GPs cautioned against the legalisation of recreational cannabis, as it would likely encourage the use of a drug that would result in increased demands on the Australian healthcare system. But it's not just increased harm for users; there is also concern that it would exacerbate the health and safety risk for the families and the children of users, and communities more generally. The notion that illicit drug use is a victimless crime and that everyone should be free to do exactly what they want with their bodies disregards the web of social interactions that constitute human existence. Affected by an individual's illicit drug use are children, parents, grandparents, friends, colleagues, workplaces, victims of drugged drivers, crime victims, elder abuse victims, sexual victims and patients made sicker by medical marijuana. Illicit drug use is no less victimless than is alcoholism.</para>
<para>Adolescents, too, are a particularly vulnerable group. During that important period of neurodevelopment where educational achievement is essential and long-term life outcomes are affected, smoking cannabis has been shown to negatively affect attention, memory and learning, and reduced intellectual function can last for days or even weeks after the acute effects of the drugs have worn off.</para>
<para>There were also some submissions to that inquiry regarding the effects of cannabis use—even moderate cannabis use—on unborn children. Data emerged from an analysis in Colorado, where cannabis use has been legalised, that suggested that, of all the fastest growing anomalies, the overall rate of congenital heart defects and total defects have almost doubled since cannabis was legalised in that US state. The Western Australia Police Force provided some very interesting evidence to the committee that indicated that, following cannabis legislation in Colorado, youth use of cannabis has increased around 20 per cent, cannabis related traffic deaths have increased by 48 per cent and cannabis related emergency department rates have increased by 49 per cent. These are significant statistics that cannot be overlooked when we're talking about the civil liberties aspect of cannabis use.</para>
<para>The third argument is that it would seriously compromise Australia's medical cannabis industry, including removing the Commonwealth oversight of quality, availability and market regulation, which would affect medical cannabis users. In its submission to the committee, the department set out a number of ways that the bill would not only negatively affect Australia's domestic cannabis regime but also compromise our international treaty commitments and our medicinal opiate industry. The department said the bill would drastically alter the Commonwealth's oversight of our medicinal cannabis production, manufacture and distribution and that the effect would be to leave the matter of cannabis regulation and control almost entirely to the states and territories. Enactment would in fact not legalise cannabis for recreational use but may lead to the states and territories considering how to do so separately. Individual jurisdictions would also take different approaches to authorising cannabis and cannabis-derived products for medical and scientific use.</para>
<para>While the Australian community expects there to be a licit source of cannabis for medical use, the bill could theoretically mean that there are no levels of control on the availability of cannabis. For example, medicines at the moment have advertising, labelling, packaging and control requirements designed to improve customer safety and manage medical doses. In removing cannabis from the Poisons Standard, cannabis could potentially become unscheduled. While this is untested in law, it could potentially become a listed complementary medicine. However, listed complementary medicines can only contain certain low-risk ingredients—and some therapeutically active substances in cannabis would not fall into that particular category—and can only make claims such as health maintenance and health enhancement for non-serious, self-limiting conditions. As a result, medicines containing cannabis would not be able to be marketed for things such as palliative care, chemotherapy-induced nausea and vomiting, chronic pain, multiple sclerosis or epilepsy, where they can potentially do so much good. They would also potentially contravene Australia's international treaty obligations, compromising our capacity to export medicinal cannabis and undermining the local industry producing and processing poppies to make medicinal opiates for global markets. Producing medical opiates is a growing industry which is dependent on Australia's adherence to the UN Single Convention on Narcotic Drugs, which could potentially be compromised.</para>
<para>I want to touch on this issue of civil liberties because I believe this argument is a flawed one. The argument that illicit drug use is an inalienable human right rests on a faulty assumption of individual freedom that fails to balance freedom with a responsibility to others in the community. This is something that I would like to come back to in what time I have left.</para>
<para>I'm concerned the savings to the cost of law enforcement are greatly exaggerated also. There was some evidence from the Western Australia Police Force that suggested counterparts in the US Drug Enforcement Administration have advised that, in places where cannabis has been legalised, it has in fact enabled organised crime networks to legitimise their previously illegal cannabis businesses and continue to sell or traffic cannabis on the unregulated black market, where it remains cheaper and avoids being subject to tax.</para>
<para>There are also potential jurisdictional issues. This is particularly important. What you could find is that cannabis is legal in one state but not in another. The disconnect between Commonwealth, state and territory laws would lead to a greater financial impost on state and territory law enforcement.</para>
<para>However, I think the most compelling evidence given during the committee phase was that the bill is premature. For instance, the AMA suggested that, while a wider debate on cannabis legislation reform is timely, the bill is premature and fails to recognise that efforts to decriminalise cannabis may be detrimental to some groups within the population. More nuanced deliberations must occur in relation to the benefits of ending criminal penalties associated with personal cannabis use as well as the need to better protect the groups of people who are most vulnerable to the deleterious effects of cannabis. The AMA also has significant concerns about the lack of capacity within the drug and alcohol treatment sector in Australia and that many individuals at this stage have difficulty accessing the treatments and support they require at the right time.</para>
<para>The Australian Alcohol and Drug Foundation agreed with this analysis that the bill is premature and that a decision to consider changing the legal status of cannabis deserves to be undertaken in the context of a critical and comprehensive review of all relevant matters and careful consideration of all options. Questions of drug policy are very complex and involve scientific evidence, medical expertise, fears, and volatile emotions and should not be decided in haste. The Australian Alcohol and Drug Foundation believed that a period of extensive community discussion is required that would allow the public and experts from various relevant disciplines to voice their views and debate the issues prior to a decision being made by policymakers. In this place our primary responsibility is to the next generation, and we must never underestimate the trust placed in us, by those who are younger than ourselves, to set an example and do what is right by them. I would ask the chamber to consider what example it is that we are setting today.</para>
<para>A Canadian report from September 2018 stated that the legalisation of cannabis gave youths a 'false sense of security'. It stated that it could put youths under a misconception that legalisation means safety. And it's amazing: I look around the chamber today and there is a bunch of very young people looking down on us from the gallery as we have this debate—I want you to know that when we discuss this stuff it's because of you; we're trying to do right by you, the next generation. The report continues on to outline that there is an increased risk of psychosis among youths smoking cannabis, particularly those with a family history of serious mental illness, like schizophrenia and bipolar disorder. Is this really the message we want to send to our youth—that we support legislation that allows for this? Do we want to say that we support mental illness? The government clearly does not. In fact, we support measures to combat it at every stage, like our announcement yesterday for increased funding for headspace.</para>
<para>And the facts don't stop there. An article in <inline font-style="italic">The Australian</inline> not that long ago, in April this year, showed that there are consistent links between cannabis use and psychotic disorders, such as schizophrenia. The article was about a study reported by University of New South Wales psychiatrist Matthew Large, who found that cannabis use is associated with an earlier-age onset of psychotic disorders. The <inline font-style="italic">ABC News</inline> team found that teen cannabis users are more likely to quit school or to attempt suicide. It's unfathomable that anybody in this place could support a bill that increases the likelihood of teen suicide and youths dropping out of school. The study, from Australia and New Zealand, combined data on 3,765 participants who used cannabis frequently before the ages of 17. The study examined whether the teenagers completed high school, obtained a university degree, were dependent on cannabis, used other illicit drugs, attempted suicide, suffered depression or were on welfare. It was an extensive report. The study found that teenagers who were daily users of cannabis before the age of 17 were more than 60 per cent less likely to complete high school or obtain a degree and seven times more likely to commit suicide.</para>
<para>If we in this place are to fulfil our duty to the next generation, then we cannot pass this bill. Senator Leyonhjelm spoke of the courage to pass the right laws and said that it is rare in this place. Well, the government has the courage to oppose this bill for the sake of generations to come.</para>
</speech>
<speech>
  <talker>
    <time.stamp>11:50</time.stamp>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Mr Acting Deputy President Brockman, congratulations on your first day in the chair. This private senator's bill from Senator Leyonhjelm, the Criminal Code and Other Legislation Amendment (Removing Commonwealth Restrictions on Cannabis) Bill 2018, would remove restrictions on cannabis use, importation and manufacture under several pieces of federal legislation, including removing the listing of cannabis as a controlled or prohibited drug under the Commonwealth Criminal Code. The stated intention of the bill is to allow state and territory governments to legalise or regulate the use of cannabis, with the expectation that cannabis would be regulated in a similar way to alcohol or tobacco by state or territory governments. In doing so, this bill goes well beyond legalising cannabis for medicinal or therapeutic purposes and would also pave the way for the legalisation of cannabis for recreational, industrial or other uses. The effects of this bill, if it were passed, would include the following: cannabis could be legally imported to Australia; growing, preparing and selling cannabis would be legal under federal law, although it would be subject to any restrictions imposed by states or territories; and the Therapeutic Goods Administration would be prevented from listing cannabis as a poison under the Poisons Standard. The bill would repeal the application of the Narcotic Drugs Act 1967 for the manufacture of medicinal cannabis. This would mean that currently licensed manufacturers would not be required to obtain a license for the production and sale of medicinal cannabis.</para>
<para>Labor does not support this bill, primarily because Labor does not support the legalisation of cannabis for recreational use. While cannabis does not have the same addictive properties as alcohol and tobacco, research has shown that some 10 per cent of regular cannabis users become dependent on the drug and that this rate is higher for those who start using it in their teenage years. Some users combine cannabis with tobacco, which can lead to an addiction to tobacco—with all the well-documented negative health impacts of that addiction. One of the greatest health concerns about cannabis is its potential to impact on the mental health of users. There is ample research available that demonstrates that regular cannabis use can increase the risk of psychotic mental illness, including schizophrenia. Again, this risk is increased for those who start using cannabis at a young age.</para>
<para>Addressing mental health issues is an enormous challenge in Australia, particularly the mental health of young Australians, and we are concerned that legalising cannabis for recreational use could well make this problem worse. Labor notes that the Greens party were criticised by the Australian Medical Association in April this year for announcing their support for the legalisation of cannabis for recreational use. The medical community is far from convinced that there will not be irreversible damage done, particularly to the mental health of young people, by making cannabis products more easily accessible. Cannabis use may also increase the risk of car accidents for those who drive while affected, which increases the risk for innocent road users as well.</para>
<para>With respect to medicinal use of cannabis, Labor policy is to work with the state and territory governments to ensure nationally consistent laws which allow lawful access to medicinal cannabis for those who are terminally ill or have other clinically identified medical conditions and where medical cannabis may benefit. If Labor wins government, we have committed that the Commonwealth government will become the national regulator of medicinal cannabis supplied to eligible patients and for research purposes. Labor has also committed to work with state and territory and federal regulators to improve controlled access to medicinal-grade cannabis for legitimate scientific and mental research work. Consistent with this role, under Labor the Commonwealth would establish rules—for licensing one or more producers of cannabis, for supply to medical patients and for research—subject to the best manufacturing practice and best agricultural practice to ensure safety, quality and security in the production and distribution process. In contrast, this bill would remove all requirements for the Commonwealth to license cannabis production by local producers.</para>
<para>While Labor accepts that there are many challenges to reducing the harm caused by illicit drugs, including cannabis, Labor agrees with the Australian Medical Association that this bill, if passed, could do more harm than good. Accordingly, we will not support the bill.</para>
</speech>
<speech>
  <talker>
    <time.stamp>11:54</time.stamp>
    <name role="metadata">Senator DI NATALE</name>
    <name.id>53369</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I rise to speak on the Criminal Code and Other Legislation Amendment (Removing Commonwealth Restrictions on Cannabis) Bill 2018. The Greens will support this bill to remove restrictions on cannabis. However, we need to go much further than simply removing those restrictions; we need to have a very detailed plan for how we would legalise cannabis in this country, so that it is more than simply a thought bubble. The reason the Greens support removing criminal restrictions on the use of cannabis is that the war on drugs is a war on people. The current approach to the prohibition of cannabis causes a great deal more harm than it prevents. The approach to illicit drug use in this country has been an unmitigated disaster, and it is about time our political leaders had some courage and recognised that we need to start treating the issue of drug use as a health issue, not as a law-and-order issue. We need to reform our laws and introduce the right regulatory framework to make that vision a reality.</para>
<para>The good news is that governments right around the world are realising that cannabis laws cause much more harm than they're intended to prevent. We've seen huge changes right across the globe, whether it be in the US, Canada or some South American states. New Zealand are about to embark on a referendum on this very issue. The winds of change are sweeping right across the world, and Australia is being left behind. Instead, in this country the government continues to arrest its citizens at an alarming rate for using cannabis. Nearly seven million Australians, well over a third of Australians, have used cannabis at some point in their life. It's something that's being used widely. The greatest proportion of illicit drug arrests across Australia occur because of something that many Australians are doing, some on a daily basis, some occasionally. Illicit drug arrests across Australia have risen from six per cent in 2014, 75,000 people arrested, to nearly 80,000 people arrested the following year.</para>
<para>The stats demonstrate that, despite those arrests, more people are continuing to use it. Despite the current illegality of cannabis, Australians have decided that those laws do not relate to them. Those laws force many decent, law-abiding Australians to buy potentially contaminated cannabis of unknown quality and strength, from drug dealers whose only interest is in people continuing to use that product and, potentially, being redirected into using more harmful illicit substances. We had some debate on the harms associated with cannabis. There is no question: cannabis has potential harms associated with its use. It's a drug like many other drugs, be they legal or illegal, and therefore has a range of effects on human physiology. There is no question about it. We know that the young developing brain should not be exposed to cannabis, in the same way as it shouldn't be exposed to alcohol.</para>
<para>One of the greatest harms associated with cannabis is the way it is consumed. Smoking cannabis is bad for you. Smoking cigarettes—indeed, smoking anything—is bad for people's respiratory physiology. Some people become dependent on cannabis, no question; there is a dependence syndrome associated with cannabis. Cannabis is not a harmless drug; neither is paracetamol. The more interesting question is how harmful it is relative to other substances. There is no doubt in my mind, and in the view of many health professionals, that cannabis is a much safer drug than alcohol, a drug that is currently legal; indeed, many would say our society is awash with alcohol. You can't overdose when it comes to cannabis. You can overdose when it comes to other drugs. Indeed, you can become very unwell and die from alcohol toxicity. People who consume vast quantities of alcohol can aspirate it, and aspiration is a common cause of death amongst young people. That simply doesn't happen when it comes to cannabis. We know that alcohol has a whole range of other effects on people's livers; it can be a cause of liver failure and liver cancer. We know that that's simply not the case when it comes to cannabis. Alcohol has a whole range of effects on the gastrointestinal system—things that aren't seen with cannabis consumption. The reality is, if we're using the standard of cannabis being a harmful drug, then, by that same standard, we should make alcohol illegal. We don't, because we accept that the use of alcohol also comes with a range of benefits to the community. People continue to use it; they do it because they enjoy it, and they'll continue to do it regardless of what policymakers suggest.</para>
<para>But, beyond the relative harm of cannabis compared to alcohol, the more important question is: what are the harms happening right now under our current system? We know those harms are significant. We know that many people are exposed to drugs—as I said earlier—of unknown quality and purity. They are being driven to purchase their drugs through a network of criminal dealers. And what we see is a current system that props up criminality and that redirects resources away from where they're needed, to prosecute these laws which are having no effect deterring people from using the drug. They divert a huge amount of taxpayer money into areas that aren't working, when we could be investing in a whole range of areas that we know do work.</para>
<para>Again, let's be very clear about what we need to do when it comes to cannabis. We need to ensure that our laws reduce harm and reflect the fact that cannabis is actually less harmful than some currently available drugs. Our plan will redefine cannabis as a legal substance in a regulated market. It will ensure that we redirect resources into drug treatment, into drug education and, of course, into the broader health budget. In place of prohibition—in place of the laws that currently make cannabis illegal—we'll create a regulated, adult-use market for legal cannabis. At the heart of our plan is an understanding that people are using it. They will continue to use it. And our job is to reduce the harms associated with that use.</para>
<para>Creating a regulated legal market would bust the business model of criminal drug dealers. It would ensure greater protections for vulnerable cannabis users. It would ensure that people have accurate, up-to-date information about the potential harms associated with those substances. And it would allow for the significant revenue that's currently lining the pockets of criminal syndicates to be invested in our health system. Our plan would establish an Australian cannabis agency, which would draw together state and territory governments, medical experts and regulators. The agency would issue licences for the production of cannabis and for the sale of cannabis, and it would carry out a program of monitoring. It would monitor growers to make sure that people are getting what they believe they're buying based on what's on the label. It would also ensure that the outlets where cannabis products are being sold behave in a way that's consistent with the scheme. The agency would act as a single wholesaler for cannabis: you'd see people producing cannabis—they'd grow it—and government would act as a single wholesaler for that cannabis. Those products would then be sold in plain packaging to retail stores to ensure quality and consistency.</para>
<para>In short, we would have a series of cannabis retail shops which, in the same way as when people are buying alcohol, require ID for entry. The sale of cannabis to anyone under 18 would be prohibited. The cannabis available for sale would be in plain packaging. There would be clear information about the grower, the strain—including the proportions of THC and other cannabinoids—and the colloquial name of the product, and health warnings. Rather than being purchased through a criminal dealer, who has no interest in the welfare of the user, cannabis would be sold by staff who are required to undertake a responsible-sale-of-cannabis course, much like what we do when it comes to alcohol. They would have mental health first aid training. They would ensure that anybody they identified as having a problem with their use is redirected into treatment. That treatment would be well funded with the revenue generated through this scheme. In our plan there would be no advertising or sponsorship for cannabis. We don't want to make the same mistakes that were made in the alcohol industry. We'd be promoting small-scale production and be ensuring that people are getting access to regulated product.</para>
<para>Our plan would support Australians to grow cannabis at home for personal use. Some states already allow this to happen, but we would try to harmonise how this is done so that people can grow a small number of plants in their backyard, providing it's for their own personal use. Those people wouldn't be able to sell what they have grown, because we want to ensure we have a regulated market in the same way as we have for other markets, but those people would be free to grow and produce their own product. Our plan would impose strict penalties on the sale of unlicensed or black market cannabis. If people are going to access regulated product of known quality and purity from a known grower, we have to ensure the market has clear regulations associated with it.</para>
<para>There would continue to be strict penalties for people driving under the influence of cannabis, but they must be driving under the influence of cannabis. Unfortunately, the current situation means we are detecting cannabis in individuals who may have consumed that drug days before they get behind the wheel of a vehicle. The consequence is that we're not making our roads safer; we're simply enforcing prohibition through the back door. As with alcohol, we need to ensure we have standardised testing of people's ability to drive a motor vehicle, but it can't be testing that captures people who may have used the drug previously, maybe days before. That has no bearing whatsoever on their ability to drive a vehicle. We need to test for impairment, not simply for past use.</para>
<para>In our plan, cannabis would be subject to GST as well as a level of federal excise to ensure that the price is broadly similar to the price of cannabis at the moment. As I said earlier, a proportion of that revenue would be redirected into drug treatment. If we did this, we could ensure that not one person in Australia has to wait for a treatment bed and that every single facility is available for people when they need it. Whether somebody's using opiates like heroin, or methamphetamine or other substances, there's no excuse for the fact that people can't get access to treatment when they need it. Legalising cannabis will create a commercial market for its production and sale. The production and cultivation of cannabis will create jobs in regional communities. That is a good thing.</para>
<para>The final aspect of the plan involves the establishment of an advisory committee of experts from across harm reduction, clinical mental health, user advocates, law enforcement and other relevant sectors. We'd commission an independent review of the regulations after two years, with public reporting of all the findings and recommendations. This is a way to ensure that we have a plan that's relevant to all the key constituents, making sure that it's up to date and relevant. So, by the end of this sitting year we're going to be introducing a private member's bill that doesn't simply remove some of the criminal penalties associated with the use of cannabis but also outlines a detailed plan for what a regulated cannabis market would look like here in Australia. The bill will establish the cannabis agency and support all the other aspects of our plan.</para>
<para>We support this legislation, but we need to do much more. We need to drag Australia into the 21st century. We need to look at the lead of those states within the US, to look at Canada, to look at places like Uruguay, to look at Spain, to look at our neighbours across the ditch, in New Zealand. They're all moving in this direction, because they know that our current drug laws don't work; that they turn innocent, law-abiding people into criminals; and that they don't prevent people from using these substances but force them to make choices that are riskier and more harmful. Instead, we're proposing a regulated market that reduces harms, that ensures that people who get into trouble with drug use, whether it be alcohol, cannabis or other illicit substances, get access to treatment when they need it and that we have evidence based policies that put Australia in the direction of a more compassionate, decent, sensible community working to look after its citizens and recognising when the laws that we have simply don't work.</para>
</speech>
<speech>
  <talker>
    <time.stamp>12:11</time.stamp>
    <name role="metadata">Senator O'SULLIVAN</name>
    <name.id>247871</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>Just when I thought I couldn't be surprised by a contribution in this place: well, I honestly thought I was on <inline font-style="italic">Candid Camera</inline> there for a minute, waiting for someone to pop up from the Clerk's desk with some sort of a party whistle! That contribution to this debate on the Criminal Code and Other Legislation Amendment (Removing Commonwealth Restrictions on Cannabis) Bill 2018, coming from a medical practitioner, was nothing short of extraordinary.</para>
<para>I'll just take for a moment the things the good doctor didn't say—these impacts that he talks about, which in his case he believes are fair and reasonable for a society to accept. It's well-known in this chamber that I'm a retired police detective. I suspect I have had more to do with cannabis users, people who've used drugs and the abuse of drugs than anyone else in this place. I can assure the leader of the Greens that to dismiss the impacts of the abuse of cannabis and its cannabinoid tetrahydrocannabinol, being the agent within the 96 cannabinoids within marijuana or cannabis sativa, is irresponsible. There is an enormous body of evidence all over the world about the impacts of long-term use of cannabis, particularly on young people. Conditions such as anxiety, paranoia, cognitive impairment and psychotic symptoms are very commonly associated with cannabis users, particularly long-term cannabis users.</para>
<para>I think there's a fair argument that a high percentage of young people, particularly in the seventies and eighties and maybe a bit before then, dabbled in drugs of all sorts, cannabis probably being the most common, because at that time it featured predominantly in the marketplace. For many, it was a passage in their life. They might fiddle lightly or moderately with cannabis over a period of time, and then of course they move on in life and go on to marry and have a family, and their views and attitudes to the consumption of cannabis clearly change. But for those, and there are a lot, who become addicted to this particular drug—and make no mistake about it, it is a drug of addiction—you can pick them out of the crowd. You can pick them out of the shopping centre. You can see those who have had very long-term—decades—consumption of cannabis and the impacts it has on them.</para>
<para>There's clear peer reviewed, unequivocal evidence that shows that after the long-term use of cannabis adults lose up to eight IQ points, so it affects their cognitive ability to function. What if we were to take everything in our society as suggested by the good doctor that's a challenge and legalise it, so it no longer becomes a challenge—or, offensively, with his remarks, to increase the revenue of the state on the plight of people who would adopt a further legal addiction? I hear him on the effects of alcohol on some, and certainly the effects of harder drugs on some have a greater impact than that of cannabis sativa use. I'm happy to trade them off if the leader of the Greens can give us a solution where we can get ice out of the marketplace, for example. So you hand in your ice permit and we'll replace it with a marijuana permit. I might give some thought to this. Probably not for very long, but I may give some consideration to it; but that's not what's happening. We've got a litany of drugs in our community that are impacting on people and their health. To suggest that somehow by legalising it is an acceptable condition, because they're going to do it anyway, is a complete nonsense. That is a complete and absolute nonsense.</para>
<para>I simply couldn't believe the contribution made by Senator Di Natale, particularly as a medical physician. As is the case with most of the contributions from the Greens, you have to have a very keen ear to listen to what they don't tell you. They'll make arguments that are positive to their intent and their objectives but what they fail to do is touch on issues. We have seen it here time and time again. We hear them prattle on about climate change and the need to get rid of coal. But they do not mention one word about the 180,000 direct and indirect jobs in my home state, and the literally hundreds of communities whose local economies rely directly on coal. So no solution; just an idea.</para>
<para>We hear it with the illegal immigrants time and time again. I've listened for five years. I've turned my ear to that corner of the chamber to hear them once accept any responsibility for the 1,200 deaths on the high sea that occurred with immigrants coming to this country. I urge people who listen to the contribution from the leader of the Greens to listen very carefully, go over the text of the <inline font-style="italic">Hansard</inline> and find where there was any reasonable effort on the part of Dr Di Natale to talk about the impacts on individual lives.</para>
<para>As a detective I didn't just deal with people who were involved in and addicted to cannabis sativa. The spectrum with respect to cannabis sativa is enormous. Some of it has mild impacts and some of it has quite significant impacts on people's behaviour. It has been associated with violence in the home. It has been associated with all of the other peripheral crimes that go with people who have taken mind-altering drugs—for example, driving vehicles and operating machinery. We have come a long way in this country to be able to curb some of those things.</para>
<para>In fact, the impacts of cannabis intake last a lot longer on the individual than the intake of alcohol. I don't know when, under Dr Di Natale's plan, they're going to have their puff. They won't be able to drive a car within the next 24 hours. They won't be able to go to work and operate heavy equipment. They'll be impaired around dangerous equipment and processes in their workplace and will harm themselves and, indeed, harm others. There's a massive body of evidence that supports that proposition, because we now have drug testing. Of course, we've heard the Greens argue before that they don't want drug testing. I remember the extraordinary motion that they endeavoured to pass through this place with respect to that. His contribution should be ignored and this bill should be knocked out.</para>
<para>Debate interrupted.</para>
</speech>
</subdebate.2></subdebate.1><subdebate.1><subdebateinfo>
          <title>Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018, Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018</title>
          <page.no>21</page.no>
        </subdebateinfo><subdebate.text>
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            <p>
              <a href="r6165" type="Bill">
                <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                  <span class="HPS-SubDebate">Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018</span>
                </p>
              </a>
            </p>
            <a href="r6166" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>Second Reading</title>
            <page.no>21</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>12:23</time.stamp>
    <name role="metadata">Senator KIM CARR</name>
    <name.id>AW5</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>The most important thing to understand about the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and the related bill is that they are customs and tariff measures. They are not a ratification of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, known as TPP-11, which the government signed in March this year. Australia's parliament is not given the opportunity to ratify trade treaties of this sort, which is why Labor is proposing that substantial reform of the treaty-making process is necessary. Our view of what must change is set out in a second reading amendment which I shall move later and in a private senator's bill which I shall introduce. TPP-11 replaces the former Trans-Pacific Partnership, or TPP-12, which included the United States. The other signatories to TPP-11 are Canada, Peru, Chile, Mexico, Japan, Vietnam, Malaysia, Singapore, Brunei and New Zealand.</para>
<para>Labor have always been absolutely clear that we have serious concerns about aspects of TPP-11, as we did about TPP-12. Supporting these customs and tariff bills does not amount to the full endorsement of the agreement in its present form. The agreement includes investor-state dispute settlement—or ISDS—provisions, which Labor opposes. ISDS provisions allow foreign companies to sue national governments. These provisions compromise Australia's sovereignty by limiting the ability of Australian governments to act in the national interest. In government, Labor will not agree to include such provisions in trade agreements and will seek to remove them from existing agreements. We note that the Ardern government has successfully negotiated the removal of TPP-11's ISDS provisions as far as New Zealand is concerned. So there is a precedent for the removal of these provisions. It's not a matter of being locked into them forever.</para>
<para>The agreement also waives labour market testing for contractual service suppliers for six countries—Canada, Peru, Mexico, Brunei, Malaysia and Vietnam. Labor believes that trade agreements must not be used to undermine Australia's immigration system, and the waiving of labour market testing contradicts the commitment of the former Prime Minister, Malcolm Turnbull, that testing will take place before applications for temporary skills shortage visas are granted. As Labor members of the JSCOT inquiry into the bill noted, more than 450 professions could currently be covered by the term 'contractual service supplier'. They include electricians, plumbers, carpenters and nurses. No other country has provided Australia with such generous reciprocal visa rights, and it is unclear why such concessions were offered by the government. Labor acknowledges that foreign workers play a role in the success of our economy, but it is a fundamental principle of fairness that Australians should be offered work first and that foreign workers be brought into Australia only for a demonstrated need. The temporary migration system is intended to supplement the skills of Australians. It is not meant to remove the ability of Australians to get jobs. In government, Labor will seek to reinstate labour market testing for contractual service suppliers and will not allow such concessions in future agreements.</para>
<para>There's also a concern that the ISDS provisions in the agreement will leave Australia vulnerable to protracted legal disputes with foreign owned corporations. Senators will recall that the global tobacco corporation Philip Morris used the ISDS provisions in early agreements to try to overturn the Australian plain-packaging legislation for cigarettes. They sued the Australian government in the Singapore register of the Permanent Court of Arbitration. Philip Morris was not successful, but it's idle to say, as some do, that the outcome of that court action shows that there is nothing to fear from ISDS clauses in trade agreements. It is outrageous that the case ever got to court in the first place, and there is no guarantee that future cases initiated under ISDS provisions would end successfully for Australia. That's why the former Labor government excluded ISDS provisions in early negotiations on the TPP. Remember that the Howard government also had such concerns and excluded ISDS provisions from Australia's free trade agreement with the United States. The present Liberal government evidently does not have the concern for Australia's national interest that John Howard did.</para>
<para>Warnings about the dangers of ISDS provisions in trade agreements have been issued by the Productivity Commission, an agency that could hardly be called a den of die-hard protectionists. In 2010, the Productivity Commission reported on bilateral and regional trade agreements and commented that the Australian government should:</para>
<quote><para class="block">… seek to avoid accepting provisions in trade agreements that confer additional substantive or procedural rights on foreign investors over and above those already provided by the Australian legal system.</para></quote>
<para>The commission report also stated:</para>
<quote><para class="block">There does not appear to be an underlying economic problem that necessitates the inclusion of ISDS provisions within agreements. Available evidence does not suggest that ISDS provisions have a significant impact on investment flows.</para></quote>
<quote><para class="block">Experience in other countries demonstrates that there are considerable policy and financial risks arising from ISDS provisions.</para></quote>
<para>The Productivity Commission trade and assistance review of 2013-14 included the following observation:</para>
<list>The inclusion of investor-state dispute settlement (ISDS) provisions in Australia's preferential trade agreements and bilateral investment treaties has become contentious.</list>
<quote><para class="block">—The provisions depart from national treatment principles by affording substantive appeal rights to foreigners not available to domestic firms, risk impeding domestic regulatory reform …, include safeguards and carve-outs of uncertain effect, lack transparency and have inadequate parliamentary scrutiny.</para></quote>
<para>The substantial scepticism about ISDS provisions from an agency that I think many in this chamber regard as an advocate for the free market should have been a wake-up call for this government. So Labor in government will eliminate the dangers posed by agreements with ISDS provisions and labour market waivers. We will follow the example of the New Zealand government and negotiate side letters to release Australia from those aspects of any agreement.</para>
<para>A Shorten Labor government will not stop there. As the member for Blaxland announced in his speech on these bills in the other place, Labor will introduce legislation prohibiting the inclusion of ISDS provisions or waivers of labour market testing in future free trade agreements. Labor will establish a system of accredited trade advisers from industry, unions and civil society groups to consult on the draft text of agreements during negotiations. Labor will legislate to require that an independent national interest assessment be conducted on every new trade agreement before it is signed. Labor will strengthen the role of parliament in trade negotiations by increasing the participation of the Joint Standing Committee on Treaties, JSCOT. JSCOT will also be provided with a statement of objectives for the negotiations for consideration and feedback, and will be briefed at the end of each round of negotiations.</para>
<para>Labor have already announced that in government we will introduce a science, medicine, academic, research and technology visa, or SMART visa, to remove the obstacles created by this government's clumsy draft temporary work visas. Although Labor supports labour market testing to ensure that Australians are not disadvantaged when employers seek to hire from overseas, we also understand that, for Australia to remain a world leader in innovation, science and medical research and in high-tech industries, we need to access the very best minds from around the world. The SMART visa will provide a path to permanent residency for educators, innovators and researchers of global standing. A Shorten Labor government will establish an Australian Skills Authority and will seek advice from this authority and from industry to determine the skills and the areas of specialty available for SMART visas. Also, the minimum level income for the visa will be set in consultation with industry.</para>
<para>So Labor's changes will remove the secrecy that surrounds the negotiation of trade agreements—for example, this government's refusal to commission independent economic modelling of the TPP-11, the agreement which is of course the subject of this bill, which I find incredible. In <inline font-style="italic">The Australian</inline> this morning, Senator Birmingham was reported as saying that failure to adhere to TPP-11 would cost Australia some $15.6 billion in export income. Now, he didn't acknowledge the source of this figure. In fact, he didn't say what projections he was relying on. They were in fact from a report that was commissioned by the Minerals Council and other groups, including the Business Council, the Australian Industry Group and the Food and Grocery Council. The government itself did not commission independent modelling that you would expect to be publicly available during the negotiation process—and that's one of the problems with the present treaty-making process, which Labor will seek to rectify.</para>
<para>The Victorian Labor government did commission independent modelling by the financial consulting firm Grant Thornton. That report concluded that participation in the TTP-11 would result in a modest initial gain for Australia primarily from agricultural goods. The analysis concluded that, although the TPP-11 would not benefit all sectors of the economy equally, no sector would be worse off. But that judgement should be qualified by other data in the Minerals Council report—data that Minister Birmingham did not cite in his media interview this morning. The report, prepared by Peter Petri from Brandeis University and Michael Plummer from John Hopkins University in the United States, states that adherence to the agreement would slightly reduce Australia's output of durable manufactured goods. That is because other countries participating in the agreement have comparative advantages. Petri and Plummer, like Grant Thornton in their analysis for the Victorian government, describe the benefit for Australia under TPP-11 as 'relatively modest'. They estimate it to be below one per cent of real income. And by 2030, Australia's adherence to the agreement would result in a two per cent fall in durable manufacturing. Petri and Plummer say:</para>
<quote><para class="block">… trade agreements that deepen economic relationships with Asia lead … to higher net imports of manufactured products.</para></quote>
<para>We should also note the independent economic analysis of the original Trans-Pacific Partnership agreement, the TPP-12, the forerunner of the agreement that is the subject of these bills. This agreement is sufficiently close to the TPP-12 for it to retain the provisions that would be activated should the US choose to join. So the independent modelling that was done for the early agreement continues to be relevant for the present one. And, under modelling for the World Bank, the projected economic benefits for Australia under the TPP-12 were very modest indeed. The World Bank projected a 0.7 per cent increase in GDP to 2030. That amounts to a 0.07 per cent increase in GDP per annum. An increase on that scale is nothing more than a minor blip.</para>
<para>With the new agreement, the TPP-11, nothing much seems to have changed. And I have noted that the evidence of the independent analysis prepared by Grant Thornton for the Victorian government also projects very modest economic benefit for Australia. So what is it that the Australian government has given up in exchange for this modest benefit? It's given away labour market testing that protects Australian workers' rights. It has agreed to provisions under which a future Australian government could be sued by foreign companies. It has made decisions which it presumes are in the strategic interest of the country. And, therefore, we'd argue that, on balance, Labor supports this agreement.</para>
<para>The absence of the US in this agreement means that some of the odious aspects of the TPP-12 have been suspended. This agreement suspends contentious provisions in the original agreement related to biomedical products, copyright and some aspects of ISDS. Australian farmers, manufacturers and exporters of services will gain increased market share and tariff reductions in economies with nearly 500 million consumers. In 2016-17, nearly a quarter of Australia's exports, worth $88 billion, went to countries participating in this agreement. The agreement will remove 98 per cent of tariffs in a trade zone spanning the Asia-Pacific region with a combined GDP of $13.7 trillion. The agreement creates Australia's first agreements with Canada and Mexico. For the first time, Australian exports will gain preferential access to two of the world's top 20 economies. For these reasons, and acknowledging the modest economic benefits estimated by the modelling commissioned by the Victorian government, Labor supports these bills. But it would have been better if there had been Australian government modelling to demonstrate independently the benefits of these arrangements.</para>
<para>We stress, however, that these trade agreements can't be changed through this process. It will require a change of government to change that process. There must be an end to the secrecy. Before an agreement is signed, a net benefit must be demonstrated for Australian participation in the agreement. Provisions in the existing trade agreements that undermine Australia's sovereignty or conflict with the principles of our migration system must be removed. To rely on assurances of economic benefit that have not been demonstrated, whilst surrendering the basic rights of Australians, is an affront to democracy. The democratic principles that should guide any future trade agreements between Australia and other nations are set out in the amendment standing in my name, and I urge all senators to support that vision. Accordingly, I move:</para>
<quote><para class="block">At the end of the motion, add ", but the Senate:</para></quote>
<quote><para class="block">(1) acknowledges that this preferential trade agreement cannot be amended by these bills, only accepted or rejected;</para></quote>
<quote><para class="block">(2) is of the opinion that:</para></quote>
<quote><para class="block">(a) the way Australia negotiates trade agreements of this type needs to change,</para></quote>
<quote><para class="block">(b) the role of Parliament in trade negotiations should be strengthened by increased oversight of trade negotiations by the Joint Standing Committee on Treaties, including providing the committee with:</para></quote>
<quote><para class="block">(i) the government's statement of objectives for negotiation for consideration and feedback, and</para></quote>
<quote><para class="block">(ii) regular briefings at the conclusions of each round of negotiations; and</para></quote>
<quote><para class="block">(3) calls on the Australian government to:</para></quote>
<quote><para class="block">(a) seek to remove Investor State Dispute Settlement (ISDS) mechanisms and reinstate labour-market testing for contractual service suppliers in existing trade agreements,</para></quote>
<quote><para class="block">(b) ensure that future governments are prevented, by legislation, from including ISDS mechanisms or waiving labour-market testing in future trade agreements,</para></quote>
<quote><para class="block">(c) establish an accredited trade advisers program to allow industry, unions and civil society groups to provide real-time feedback on draft trade agreements during negotiations,</para></quote>
<quote><para class="block">(d) subject all new trade agreements to an independent national interest assessment to examine economic, strategic and social impacts before they are signed,</para></quote>
<quote><para class="block">(e) enforce mandatory skills testing in the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and all future trade agreements, and</para></quote>
<quote><para class="block">(f) fix the problems in the existing skills testing regime by ensuring that the skills of foreign workers are tested by qualified professionals and required to meet current Australian standards and not by immigration officials."</para></quote>
<para class="italic"><inline font-style="italic">(Time expired)</inline></para>
</speech>
<speech>
  <talker>
    <time.stamp>12:43</time.stamp>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I rise today to contribute to this debate on the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and the Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018, and to clearly outline the Greens' strong opposition to the TPP. We have stood in this place for a number of years now, very concerned at Australia's signing up to a shocker of a trade deal when it comes to sovereignty of our nation, the rights of Australian workers and protecting our environment.</para>
<para>We've just heard a number of opposition issues and concerns outlined by Senator Carr of the Labor Party in relation to this TPP agreement. There are big problems with the TPP, and it is so tragic that, rather than standing up for these principles and fighting to ensure Australia doesn't get locked into this dodgy deal, the Labor opposition are prepared to roll over and vote with the Morrison government on this deal today. We know that a number of Labor opposition members in this place and in the House are very concerned about Labor's position on this—and rightly so. Kudos to those members who stood up in their own party room and tried to fight and to hold back the tide. I'm sorry you didn't win—because Australia needed you to, democracy needed you to and the Australian environment needed you to. And Australian workers need you more than ever. Yet what we have got is the opposition rolling over to vote with the Morrison government to tick this dodgy deal through.</para>
<para>The irony, of course, is that we can list as many as possible of the terrible things that this deal does, but, because of the way trade negotiations are undertaken, we can't fix any of this in this piece of legislation. So we have to take it or leave it, and this is such a bad deal that we should be leaving it. There is no point in playing around and saying, after the fact, that we might fix it—which is what the Leader of the Opposition, Bill Shorten, is doing. Well, you can't fix it afterwards, mate—that's the point. It's a dodgy deal and it has been done. We've got to kill it once and for all. That is what has to happen. That is the mettle that needs to be relied on in this place today. Don't tick this through with some false hope being given to Australian unions and Australian workers that, somehow, down the track, if Bill Shorten were ever to become Prime Minister, you could fix it—because we know that is just not the case. It cannot be done.</para>
<para>The truth is that Australia would have to withdraw from the TPP altogether before anything could be amended. So why sign up to it in the first place? This is a bad deal designed in the back room to benefit the boardroom and corporations. This deal is for corporations, not for the community. This deal is for big multinational corporations, at the expense of people. We know that the economic benefits are exaggerated and the costs are downplayed. Big industries' own modelling shows that grain exports will not change and other agricultural exports may decline—as well as the potential of a two per cent decrease in durable manufacturing. This is a pretty cruddy deal. At the time this deal was negotiated by the former Minister for Trade, Mr Ciobo, he was so desperate to come home with something that he signed Australia up—despite the fact that there really aren't the economic benefits that those on the other side are trying so desperately to crow about.</para>
<para>To make matters worse, the agreement represents an affront to democracy and sovereignty because of the insidious ISDS causes. It should be absolutely rejected, up-front, in the strongest possible terms. These investor-state dispute settlement provisions mean big corporations will have more power than ever before to sue Australian governments and the Australian people, regardless of whether our governments are doing things that we have asked them to do or not. This means that these measures advance the interests of these corporations over the interests of governments and the citizens whom they are accountable to. ISDS provisions expand the legal rights of multinational corporations based on legal concepts not even recognised in our domestic legal systems and offer advantages to multinational companies that are not even available to domestic investors. So they are simply unfair, even from a business perspective. They are unfair, they are unrepresentative and they are unnecessary.</para>
<para>The fact that they are unnecessary has been recently upheld in the European Court of Justice. The decision made in 2017, and again in 2018, by the European Court of Justice found that ISDS provisions are fundamentally incompatible with national sovereignty. We should be listening to the experience of others before we sign up for something that includes these provisions. As a result of this finding, the EU is now proposing that ISDS clauses are not to be acceptable in any of their trade negotiations or trade deals, including in the EU's trade negotiations with Australia. So in our negotiations with the EU, which have only recently commenced, the EU has said, 'We're not going to talk to you if you want ISDS provisions.' That is the same approach that we should be taking in relation to the TPP or any other trade negotiations that are on foot.</para>
<para>The New Zealand government has made it clear throughout negotiations that it does not support the inclusion of ISDS provisions as part of the TPP, and it spent time negotiating before signing on the dotted line to ensure that ISDS provisions were removed through four supplementary, legally binding letters with Brunei, Malaysia, Peru and Vietnam. They obviously saw that there was a desire amongst the New Zealand community to have their government stand up for sovereignty, democracy and the right of New Zealanders to have laws in their interests, not in the interests of big corporations.</para>
<para>Australia has not negotiated any such agreement. We are now left with a TPP that signs Australia up to these terrible provisions, undermines our democracy and sovereignty, and, of course, cannot be renegotiated after the fact. We've heard from the Labor opposition that they promise to renegotiate them if they form government. This is an absolute farce and needs to be called out for the furphy that it is. They cannot have it both ways. Why would any country enter into renegotiations with Australia just because there's a change of government when the opposition at the time had the opportunity to fix it once and for all? The sad reality is that this legislation, when it passes this place today, will be subject to ISDS provisions. Labor will not be able to wind them back without withdrawing fully from the TPP. They will be committing Australian taxpayers and citizens to an agreement which they themselves say is against their own party's platform. No wonder Australian unions and workers are furious at the Labor position today.</para>
<para>ISDS powers are routinely used by corporations to attack governments and communities for doing what governments are supposed to do—namely, regulate in the interests of their citizens. In 2016, Swiss pharmaceutical company Novartis filed an ISDS dispute against the Colombian government over the government's plans to reduce prices on patented treatment for leukaemia. The Colombian government wanted to reduce the cost of medication for leukaemia so that its citizens could access it, and the big pharmaceutical company came in and said, 'Oh, no, we'll sue you for that.' It is just appalling that this type of power is being handed to these big multinational corporations at the expense of the rights of the Australian people to have our government legislate and regulate in our best interests.</para>
<para>Over and over in this place we talk about the power and influence of big corporations on politics. Well, there is no better example than this TPP legislation before us today. This deal has been put together for the interests of big corporations at the expense of the community and of the rights of the people. We know that in Canada, in 2017, the Canadian Bear Creek Mining Corporation was awarded $26 million from the government of Peru because the government cancelled a mining licence after the Canadian company failed to obtain informed consent from indigenous landowners. In that case, we had a big multinational mining corporation going into Peru and not getting the right consent from the indigenous owners and, when the Colombian government wanted to do something about it, the big multinational company said, 'We're going to sue you,' because the government was standing up for its own people. Just imagine if we signed this piece of legislation into law today and the world's biggest coalmine in Queensland, run by Adani, started thinking that it can sue its way into operation. Giving these corporations this massive amount of power to undermine the interests of the Australian people is on the line today. We are opening ourselves up to the risks of ISDS, and it is simply unjustifiable. The government will argue, and we've heard it time and time again, that these provisions are needed because they give certainty to investors. Well, how about certainty to the Australian people, to know that when they demand action from the government the government will do it and it will stand; that it won't be overridden because of the desire of a multinational corporation?</para>
<para>Of course, these provisions are even more inexcusable given the United Nations IPCC report which was tabled last week, which served as yet another reminder of our gross inaction on climate change. While successive governments have frittered away the last decade squabbling over climate and energy policy, we have moved closer and closer to thresholds that our scientists warn will dramatically and drastically change life on the planet. While the environmental provisions in the TPP are wholly inadequate, the real risk is that these ISDS provisions will stop real action on climate change, because these big multinational companies don't give a damn about the impact of their operations on the people and communities, and they certainly don't consider the impact on the environment or future generations.</para>
<para>Stopping governments from taking necessary action in the best interests of their citizens and our environment is unthinkable. That is what our governments should be doing: looking after our community and acting in the best interests of their citizens—which is why I'm foreshadowing that I'll be moving a second reading amendment that will stop this TPP legislation in its tracks. We should not be considering this legislation anymore until these provisions are removed and until the issues are resolved specifically in relation to the right of Australian workers to know that there is proper labour force market testing in place.</para>
<para>This TPP legislation commits Australia to accepting an unlimited number of temporary workers from Canada, Mexico, Chile, Japan, Malaysia and Vietnam. These workers will be spread across a wide range of professional and technical skilled trades and occupations. The agreement does not require that there be any labour market testing to establish whether there are local workers who could do these jobs first—not even an initial check is required. These workers would then be brought to Australia to work in jobs and on projects regardless of whether there are Australians—particularly young Australians—who are ready and able to do the job on the same project. This weakens our domestic labour market and exploits these temporary workers all at the same time.</para>
<para>Migrant temporary workers remain tied to one employer for the course of their time in Australia, and they face deportation if they lose their job for any reason. This means the exploitation of these workers will remain high and their positions will be very risky. Australia has benefitted greatly from the contributions of migrant temporary workers, and they perform a vital role, but they must be protected by genuine rules and regulations that ensure they are not exploited. This TPP deal not only opens them up to exploitation but also, as a result, pushes down the rights of workers here in Australia domestically. We already know that the Fair Work Ombudsman says that one in 10 complaints to the agency in 2015 came from the exploitation of migrant workers. It is happening already, and this deal will make it even worse. When we sign up to trade agreements we should be signing up to ensure that they maximise job opportunities for Australian workers and give proper protection to both domestic and migrant workers as a gold-clad guarantee, not allow people to be further exploited and undermined. These agreements are written for corporations so that they can continue to exploit Australian and foreign workers twofold. Meanwhile, those corporations get to bank their profits, and nobody looks in either direction.</para>
<para>Even if all these reasons weren't enough, we're sceptical, as the Productivity Commission has been, of the economic modelling promised by the government in relation to this deal. We've had no independent modelling from the Australian government in relation to this. They promise that things will get better, but, in fact, all the modelling that has been done proves otherwise. The government makes generous assumptions of full employment and costless adjustment to claim that there will be only winners, not losers. But anyone who's watched trade negotiations unfold knows that there are always winners and losers. It's a question of whether the government of the day is willing to be up-front about that; that's what counts. We've seen over and over again that this government is wanting to brush all the issues under the carpet.</para>
<para>The government assumes perfect labour mobility and assumes away any income-distribution effects or trade-balance effects. The government can't promise anything except that this is a dodgy deal. What is surprising is that, once you've factored in all those rosy assumptions that are coming from the government side, the economic benefits remain stubbornly minuscule. The Peterson Institute for International Economics in the US has produced a study estimating a very small increase in Australia's GDP after 15 years—0.6 per cent. For Australia, this represents a growth of between zero and 0.1 per cent per year. This is somewhere between nothing and a rounding error.</para>
<para>Today we have before us a deal that signs away the rights of citizens to have the government implement policies and laws in their best interests; a deal that undercuts the ability for Australian workers to get a look-in, first and foremost, if they're able to do a job; and a deal that allows for multinational corporations to exert even more power over the government of the day to create a chilling effect on regulation. And for what? A rounding error, perhaps, of economic benefit. It's a dodgy deal, and it should be thrown out.</para>
</speech>
<speech>
  <talker>
    <time.stamp>13:03</time.stamp>
    <name role="metadata">Senator BROCKMAN</name>
    <name.id>30484</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Before I move on to speak about the Trans-Pacific Partnership and, in particular, these associated bills, I will just point out that one of my favourite words in the English language is 'furphy'; I think it's a great word. And what we've just heard is a very large number of furphies about this legislation, in particular about the ISDS provisions. I ask those listening and those in the gallery: for all the criticism of the ISDS provisions that we've heard—provisions supported by governments of all persuasions over 30 years—how many times has the Australian government actually been taken to a tribunal on the basis of ISDS provisions? The answer is once—once in 30 years. So this is not, as it is painted to be by the Greens and, sadly, by some in the Labor Party, a huge thing to fear.</para>
<para>The ISDS provisions are there for a very good reason: to protect Australian companies investing abroad. ISDS promotes investor confidence and can protect our sovereign and political risk. If a country does not uphold its investment obligations, an investor can have their claim determined by an independent tribunal, usually consisting of three arbitrators. As I said, ISDS provisions have been around for a very long time—30 years, in fact. There are ISDS provisions in six FTAs, including the China-Australia, the Korea-Australia, the Chile-Australia, the Singapore-Australia, the Thailand-Australia and the ASEAN-Australia-New Zealand free trade agreements. Obviously, there are also ISDS provisions in the Trans-Pacific Partnership. This is a fairly standard part of international trade agreements.</para>
<para>Sadly, though, we are in a world where the benefits of trade are being forgotten and where the benefits of trade are being undermined by populists from all sides of politics, unfortunately. In this debate, we've heard it from the left of Australian politics but we've seen it in the US from the right side of their politics. They are uncertain about the benefits of trade and the importance of trade, but we on this side of the chamber know the benefits of trade and know the benefits of increasing our trade with the rest of the world. Australia is at the end of the line when it comes to trade. We are a trading nation; we have to trade. We have to trade for our wealth, we have to trade for our security and we have to trade in order to grow our economy and in order to give future opportunities to the next generations of Australia. That's why this government has been so committed, right throughout its period of office, to delivering free trade agreements that grow the economy, that grow jobs, that grow wages and that actually give this country the opportunity for the next generation to succeed and thrive, doing what we do best. I will move on to talk about something that's very close to my own heart—the agricultural sector—in a little while.</para>
<para>Just in general, the TPP-11 is one of the most comprehensive trade agreements ever concluded, including Japan, Chile, New Zealand, Malaysia, Singapore, Peru, Brunei, Vietnam, Canada and Mexico. Those last two, which I'll speak a little bit more about later, obviously open up markets and open up preferential access to two of the top 20 economies in the world. The TPP-11 eliminates more than 98 per cent of tariffs for these 11 countries. Those 11 countries have a combined GDP over A$13 trillion and 500 million consumers. Those consumers want our high-quality produce, our minerals and our high-tech exports that Australia does so well.</para>
<para>The TPP-11 will eliminate all remaining tariffs on Australian exports of non-agricultural products to the TPP-11 countries. Australian farmers, Australian manufacturers, Australian service providers and Australian small businesses—in fact, all exporters—will be big winners from this free trade agreement. That is because it will be easier to sell their goods and supply their services into a free trade area that spans the Americas and Asia. In 2017, nearly one-quarter of Australia's total exports, worth nearly $92 billion, went to the TPP-11 countries. This will continue to grow as those tariffs start to go down. This sort of boost will drive the future of growth. It will drive future jobs, it will drive higher wages and it will drive investment to allow the next generation to have the sort of opportunities that we all had.</para>
<para>It also provides improved access to markets where we already have FTAs, such as Japan. In the process, there is an acceleration of the reduction in Japan's tariffs on beef and the elimination of a number of tariffs on cheese. The Trans-Pacific Partnership, as I mentioned earlier, also creates the first opportunity to have a free trade agreement with Canada and Mexico, giving Australian exporters preferential access to two of the top 20 economies in the world for the first time. That's why it is so important that the TPP is put in place as soon as possible—to lock in those benefits and allow those small and medium-sized businesses who are doing the hard work of growing the economy and creating jobs to secure those new market opportunities around the world but particularly in the Trans-Pacific Partnership countries.</para>
<para>The Trans-Pacific Partnership will enter into force 60 days after the first six TPP-11 members complete all necessary ratification procedures. Our government, the Morrison government, will continue to pursue a trade agenda that opens new markets for Australian businesses, contributes to a stronger economy and creates Australian jobs. It was not that long ago that those opposite—in particular Bill Shorten—said this deal was dead in the water. Well, this government didn't accept that. This government got on with the job. Even though there were challenges to having this agreement finalised, it got on with the job with the 11 countries who were still interested in having one of the largest free trade areas in the world and managed to get the deal done. Opponents are risking $15.6 billion in annual benefits to the Australian economy, forecast to be realised by 2030.</para>
<para>As I said earlier, agriculture is close to my heart. Again, we are a trading nation. Australian farmers export around 77 per cent of what they produce. We need to get our trade policy right for our farmers to ensure they have ongoing access to the markets they need but also have growth opportunities to supply the clean, green produce from Australia to the rest of the world. Australian farm exports were valued at $44.5 billion in 2016-17, and obviously that's been one of the significant growth sectors in our economy. TPP-11 does ensure better access for farm exporters, including beef producers, sheepmeat producers, dairy producers, canegrowers and sugar millers as well as cereal and grain exporters, rice growers, cotton growers, woolgrowers, horticulture producers and wine exporters. That certainly covers the gamut of the major agricultural assets in Australia.</para>
<para>I will go through some of these in detail. I will start with beef. Japan's beef tariffs will be reduced to nine per cent within 15 years of entry into the TPP. This will improve access for fresh, chilled and frozen beef exports into Japan. We'll also see elimination on tariffs on offal exported to Japan. That will give us the potential to boost those exports. Canadian beef tariffs will be eliminated within five years of the TPP coming into force. Currently, those tariffs run at 26½ per cent. We do have a market in Canada at the moment. It was around $100 million in 2016-17. But we certainly see the potential there to increase significantly with the removal of a 26 per cent tariff. There's also elimination of Mexican tariffs on beef carcasses and cuts, which are currently 25 per cent. That will take place over a 10-year period. Tariffs on offal, which are currently at 20 per cent, will come into force immediately the TPP is ratified by those six countries. So there will be significant gains for the beef sector.</para>
<para>We exported around $8.5 billion worth of grains and cereals in 2016-17. Nineteen per cent of that, worth $1.6 billion, was exported to the TPP countries. Again, the TPP builds on the existing free trade agreement with Japan, where there will be increased quotas for Australian grains and the mark-up on wheat and barley will be reduced by 45 per cent over an eight-year period. There will also be elimination of Mexican tariffs on wheat, currently at 67 per cent. I think many people thought the world had already moved on a lot of these tariffs and had started to bring down these barriers over the last 30 years, when people did widely share the view that tariffs were detrimental to the economy and particularly detrimental to those who bought products within an economy—detrimental to consumers. But there are still some very significant tariffs out there, including 67 per cent on wheat and 115 per cent on barley in Mexico. These will be reduced progressively over the years ahead. In Canada there will be the elimination of tariffs on grains and cereal. Canada is a significant grain and cereal producer and exporter in its own right, but there may be some niche market opportunities into Canada that our very high quality producers in Australia can access.</para>
<para>Dairy products exported from Australia were valued at more than $2.1 billion in 2016-17. Almost half were exported to Trans-Pacific Partnership countries. The TPP includes significant improvement to access to the Japanese, Canadian and Mexican dairy markets. The National Farmers Federation stated that the TPP-11 will lock in new valuable market access for our farm exports. Improved access to global markets is critical to achieving increased farm gate returns. We've been talking a lot in this place—and I'm sure many in this place would have heard from dairy farmers in their states—about some of the difficulties dairy farmers are facing, so opening market access will improve the bottom line for dairy farmers.</para>
<para>Australia's wine export volumes have improved over the last year. The value of wine exports is up 20 per cent to $2.7 billion and export volumes are up about 10 per cent, which I believe is a new record. Around 20 per cent of our exports go to the TPP-11 countries. The Winemakers' Federation chief executive said that the TPP-11 is a very good deal for Australia and a very good deal for rural and regional Australia in particular:</para>
<quote><para class="block">At a time when farmers around the country are experiencing crippling drought, deals like TPP-11 give hope for a long-term sustainable future.</para></quote>
<para>That hope is real, that hope is there and that hope is built on increasing our market access to countries right round the world, which the TPP-11 does.</para>
<para>It is great news for the wool sector, which has been going gangbusters in the last six years or so after a very lean period. From entry into force the TPP eliminates all remaining tariffs on Australian raw wool exports to TPP-11 countries. We have all seen the burgeoning of high-quality merino wool in fashion labels right around the world. It is a fabric of choice now across so many different parts of the market, from the suit I'm wearing to sporting gear. People love wool. People love Australian wool. This will, as I said, eliminate all remaining tariffs on raw wool exports. That's great news for the Australian wool industry.</para>
<para>A majority of mining income is derived out and about in rural and regional Australia. It contributes about eight per cent of Australia's GDP and around 60 per cent of our exports. Iron ore accounts for 52 per cent of world trade. My home state of Western Australia accounts for 38 per cent of the global iron ore export market. Iron ore sales reached a record 270 million tonnes in 2016-17, valued at $63½ billion. Our mining sector depends on exports for its survival. The Minerals Council of Australia said:</para>
<quote><para class="block">Australian workers, jobs and business will benefit significantly from the Trans-Pacific Partnership (TPP-11) trade agreement, with increased national income, exports, investment and wages …</para></quote>
<para>It is pretty clear from the above that industries in rural and regional Australia are positive about trade and about the TPP in particular, and this isn't a surprise. There has been modelling conducted for Australian industry associations by Professor Peter Petri and Professor Michael Plummer, which looked at the impact of improved market access for goods, services and investment under the TPP-11 trade deal. The modelling showed that by 2030 the TPP-11 would increase national income by $15.6 billion, boost Australia's exports by about $30 billion, generate additional direct investment into Australia of $7.8 billion and additional overseas investment by Australian businesses of $26 billion, and lift real wages with higher wage gains for lower skilled workers.</para>
<para>Just briefly in the time left, I want to get back to the ISDS issue and why it isn't something that needs to be worried about. ISDS provisions have been in operation as part of free trade agreements for 30 years. They have only been used once. They're not automatically a part of free trade agreements; they're included on a case-by-case basis, always based on whether an ISDS mechanism is in Australia's national interest.</para>
<para>An ISDS mechanism is very clearly not a threat to Australian sovereignty. It does not prevent the government from changing its policies. It does not prevent the government from regulating in the public interest. It does not prevent the government from regulating in the interests of the environment or regulating in the interests of our own health system. It does nothing to freeze existing policy settings. Australian companies have used ISDS in proceedings against other countries to protect their investments overseas, so this isn't a one-way street. It isn't about giving evil multinationals the ability to tie up the Australian government in tribunals, because 30 years of evidence shows it's only happened once—whereas, on a number of occasions, it has given Australian companies the right to protect their investments overseas in that tribunal setting.</para>
<para>That's a very important note to end on. The TPPs are an excellent addition to our armoury of free trade agreements around the world. The government continues to negotiate a range of free trade agreements, including the Australian-European Union Free Trade Agreement; we have ongoing discussions with Indonesia about the comprehensive economic partnership agreement, and there has been some movement on that; the Australia-India Comprehensive Economic Cooperation Agreement; the Australia-Hong Kong Free Trade Agreement; the Pacific Alliance Free Trade Agreement; and the Regional Comprehensive Economic Partnership. And, of course, we are also talking to the United Kingdom about the possibilities of a free trade agreement with them in the post-Brexit era. Trade is good for Australian business. It's good for Australian families. It's good for consumers. It will reduce the cost of imports. It gives us increased opportunities to do what we do best and sell it to a global market. I absolutely commend these bills to the chamber.</para>
</speech>
<speech>
  <talker>
    <time.stamp>13:22</time.stamp>
    <name role="metadata">Senator ANNING</name>
    <name.id>273829</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I rise today to oppose and condemn the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and related bills, that enable what is commonly called the Trans-Pacific Partnership. This agreement is bad for Aussie business and bad for Aussie workers and families. Because of this, I foreshadow that I will be moving a second reading amendment to the bill.</para>
<para>The Trans-Pacific Partnership agreement might be great for Vietnam, the Philippines and other low-wage Third World economies, but it is very bad for Australia. This agreement is but the latest in a long line of deals with foreign countries that give away Aussie jobs and industry to supposedly disadvantaged foreign nations, beginning with Whitlam, who put a wrecking ball through Australian industry with his unilateral tariff cuts. Subsequent Liberal and Labor governments have all been infatuated with the internationalist vision of trade. In 1975, the Whitlam government signed the United Nations Lima Declaration, through which the Australian government sold out Australian industries and workers by specifically agreeing to transfer manufacturing to Third World countries, supposedly to help them develop. Almost every move to liberalise trade since that day has led to a net transfer of jobs and industry away from Australia, and the current TPP is just the latest outrageous example. Giant transnational corporations love the Lima agreement, of course, since taking jobs away from decently-paid Aussie workers and instead employing Third World semi-slaves made them a fortune. Perhaps that is the reason why both Labor and the Liberals agree on these kinds of trade deals. The Left think that our national prosperity is something to apologise for and that we have an unending obligation to subsidise foreigners. In practice, if not intent, the capitalist globalists agree with them. Transnational corporations don't care about the best interests of Australians, only their own profits, and profits are larger if you employ Third Worlders on slave wages than if you employ Aussies on decent award wages.</para>
<para>Like all post-Lima declaration trade deals, the TPP will allow foreign multinationals the right to dictate terms to our government regarding rules and regulations. The TPP will see Australia's sovereignty further eroded. This agreement will allow cheap foreign goods from countries with historically bad safety regulations to flood the Australian market. The TPP will see food from countries with almost non-existent workplace health and safety standards enter Australia—just like the Asian white spot disease, which was introduced and devastated our prawn sector. The TPP will see hardworking Australians fighting against workers whose wages would be considered slavery in Australia. Their wages are so low that they struggle to afford food, shelter or clothing. To protect our sovereignty, food security, wages and work, the TPP agreement must be rejected.</para>
<para>Australia was once a nation of doers, hard workers and builders. We tamed the harsh, dry land of the outback. We built massive infrastructure projects, like the Snowy scheme. Australia was the land of the worker and the farmer. Now, ever since the Whitlam era, we have seen a Liberal-Labor consensus in favour of globalism, foreign ownership, exporting jobs and importing cheap foreign labour. This has resulted in Australia becoming the land of unemployed university graduates and foreign workers. Our major parties have allowed Australia to become a nation without work, with our remaining major industries, mining and hospitality, digging things up and selling them to foreigners, and serving dinner and drinks to our foreign overlords. Our once prosperous economy has been raided and pillaged by multinational corporations. That is exactly what Australia has seen with these global trade agreements.</para>
<para>We have seen the demand for labour drop as factories move overseas, while the major parties allow foreign workers to flood the country. This has caused the devastating problems of wage stagnation and the casualisation of our workforce. Without a proper wage and stable, full-time work, how can Australians provide for their families? Before Whitlam, 70 per cent of the Australian workforce were employed in decent, well-paid jobs in manufacturing. Now there are barely any. One-sided trade deals since the Lima declaration, like the TPP, have seen almost all of our manufacturing closed down. The Liberal-Labor consensus is happy to see the whitegoods industry gone, the textile industry gone, the glass industry gone, the steel industry gone and, of course, the Aussie motor industry gone. Whatever we have left will be destroyed by the TPP.</para>
<para>The first focus of any Australian government should be the long-term security and prosperity of Australian families and Australia. Families are only strong when there is stable, well-paying, full-time work. A nation is only strong when families are thriving. My amendment goes to the heart of this issue. My amendment will provide that further consideration of the bill will be postponed until the TPP agreement is renegotiated to exclude countries with low wage levels and countries that provide direct or indirect subsidies for key products. My amendment will protect the jobs and conditions of Aussie workers. I ask my Senate colleagues to think again about this UN-inspired globalist compact, voting for my amendment or rejecting these bills if my amendment is unsuccessful.</para>
</speech>
<speech>
  <talker>
    <time.stamp>13:29</time.stamp>
    <name role="metadata">Senator STOKER</name>
    <name.id>237920</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I rise to speak in support of this bill before the Senate, the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018, and related legislation. It will enact the Trans-Pacific Partnership agreement that was signed in March, and it is the latest success in the coalition government's ambitious trade agenda. Following remarks in the other house from the Labor Party—which showed, at best, tepid support for the TPP-11—I am delighted to see that those opposite now are in support of these important bills today, and I commend them for it.</para>
<para>The coalition team consistently supports increased free trade agreements with our international partners. We're a team that recognises trade as a major economic driver for industry, particularly in my home state of Queensland. The confident trading approach taken by the coalition government will see our farmers and manufacturers more competitive in the Asia-Pacific region into the future. The TPP-11, which will enter into force before the end of this year, strengthens our existing free trade arrangements in the Asia-Pacific region. Parties to the agreement include Canada, Chile, Japan, Brunei, Malaysia, Mexico, Peru, New Zealand, Singapore and Vietnam. The agreement will eliminate 98 per cent of tariffs on our exports in a marketplace consisting of over half a billion people and a combined GDP of $13.8 trillion. Last year nearly a quarter of all Australian exports went to TPP-11 countries. This deal will see preferential access to the additional markets of Canada and Mexico for the first time—the world's 11th and 15th largest economies, respectively. The modelling shows that the TPP-11 will see $15.5 billion, or a 0.5 per cent increase, in net annual benefits to our national income by 2030.</para>
<para>The passage of this bill into law is incredibly important for rural and regional Australian industry, especially for those who are already doing it tough in dealing with the difficult circumstances of the drought. The economic prosperity of communities throughout regional and rural Australia depends upon strong export markets. Farmers produce more than there is demand for in this country, and that's something on which they should be commended and supported. The increase in trade that the TPP-11 will deliver increases the wealth of our nation and concentrates that opportunity into the areas that are doing it tough, like rural and regional agricultural industries and the manufacturing sector.</para>
<para>As Australia is a net exporting country, greater access to the international market will not only benefit our farming communities but also enhance opportunities for our manufacturers. Across Australia, manufacturers of iron, steel, aluminium, paper and leather goods will benefit from the TPP-11. In Queensland, this extends to the agriculture, resources and coal industries. Let's not be mistaken: more trade means more Australian jobs, every day of the week. We are a trading nation, and the enactment of the most comprehensive trade deal ever negotiated will see more Australians employed directly and indirectly in the exporting, manufacturing and farming industries.</para>
<para>The TPP-11 is expected to reduce compliance costs for Australian exporters. I get pretty excited about a reduction in red tape, and that's something we will deliver with the TPP-11. Exporting to the various nations at present requires eight separate forms. That will now be streamlined to a single set of documents for our free trade agreement partners. The arrangements that are in place are even more complex for non-agreement partners, and anything we can do to make doing business simpler and easier for Australians in business is a good thing. Australians will also benefit from being able to self-certify the origin of their goods for export, unlike the current outgoing system, in which non-preferential certificates of origin had to be sought.</para>
<para>These are just some of the simple but practical ways in which the coalition government's ambitious and confident agreement with our international partners will achieve greater efficiency for Australian exporters. An example of the real benefits that this deal will provide is the advantage from which beef exporters from Australia will benefit within two years, when the tariffs they face will be 13 percentage points lower than those faced by their United States counterparts, one of our most significant competitors. Our manufacturers will benefit from the elimination of tariffs on industrial goods. Raw wool will see the immediate elimination of all remaining tariffs. There will be improved access to Japanese markets for our cereals and grains, including new quotas on barley. Mexican tariffs on wheat, currently sitting at 67 per cent, will be eliminated within 10 years—in addition to the elimination of the 115 per cent tariff currently on barley that goes into Mexico, which will be gone within five years. Dairy, pork, cotton, sugar and rice growers will also benefit from the TPP and similar measures. I could go on and on listing who and how this deal will benefit each of our rural and regional industries. Suffice to say that more products produced in Australia will have a market to go to with returns that will benefit Australians from coast to coast.</para>
<para>Given these significant benefits, it's really important that Australia implement the TPP-11 as soon as possible to ensure that we have a competitive advantage. The TPP-11 will enter into force 60 days after six member countries have ratified the agreement. Currently three countries—Mexico, Japan and Singapore—have ratified the agreement. A number of other countries, including New Zealand, Peru and Canada, have indicated that they will ratify the agreement in the coming months. If the TPP-11 were to enter into force this year without Australia having ratified it, our exporters would be placed at a significant competitive disadvantage. We would risk other countries having superior access to the beef, dairy, cheese and wine markets, for instance. That's why we need to move now to implement the TPP-11 and maximise the advantage we can gain for Australian exporters.</para>
<para>It's worth pausing to observe that the TPP-11 is an important example we can point to of this government demonstrating leadership when things look difficult. Reaching a deal for the TPP-11 was far from guaranteed. When the United States withdrew from the negotiation process early last year, the chances of securing the important agreement were far from certain. With no guarantee of success, this government nevertheless chose to stand firm and pursue the agreement rather than retreat or give up. And while the Leader of the Opposition in the other place preferred retreat—calling the deal 'dead', and labelling those on this side of the chamber 'delusional'—the government continued to advance Australia's agenda of free trade and open markets. I'm delighted to say that this government was successful in the process. In its dogged determination to secure more opportunities for Australian producers and manufacturers, it has delivered once more.</para>
<para>It's also regrettable that the actions of those who represent the Greens political party demonstrate that they don't understand the benefits of free trade to Australian industry and jobs. While the coalition government gets on with the job, the Greens' dissenting report to the Legal and Constitutional Affairs Legislation Committee's inquiry into these bills now before the Senate details a striking ignorance about the benefits of free trade. It's rather curious that, in that dissenting report, they claim that the agricultural and manufacturing industries will be damaged by the TPP. The source for those concerns, a recent modelling report titled 'Australia will gain from continued Asia-Pacific trade integration', seems like an odd source for reaching that conclusion. While their dissenting report rejects passing these bills because of their impact on agricultural and manufacturing, we on this side of the chamber support passing the bills for that very reason. The impacts on these industries will be greater wealth, more jobs, more opportunity and more choice for our regional and remote communities. While we are strongly focused on creating greater export opportunities, the Greens seem to be more concerned about burdening our international markets with more and more tax-like effects. The government knows that Australia is an open-trading nation whose prosperity now and into the future depends upon our export markets and depends upon trade. For example, one in five Australian jobs relies on international trade, with that trade equating to 40 per cent of our GDP. It's no small measure. Today is a timely reminder of which parties are focused on delivering for Australia and which parties think that produce grows merely on the shelves of supermarkets.</para>
<para>The Liberal-National government has been focused on trade and creating more opportunities for Australia's farmers, families and businesses for every single day since its election in 2013. Five years ago, only 26 per cent of our goods-and-services trade received duty free or preferential access to overseas markets. During the time we have been in government this has substantially changed. We have concluded or updated seven free trade agreements, including with China, Korea, Indonesia and Japan, providing us with unprecedented access to overseas markets and bringing down prices for consumers. These agreements now account for nearly 70 per cent of our trade, with current negotiations potentially taking that figure up as far as 88 per cent. In 2017-18 Australia achieved record exports of $401 billion. Our global trade surplus was $6.3 billion. The TPP-11 continues on this work and is just another example of our tireless commitment to investment, jobs and trade.</para>
<para>The TPP-11 is truly a next-generation trade agreement and a significant moment for open markets, free trade and export opportunities for working Australians. The agreement will increase national income, remove tariffs, reduce red tape, and expand export access for Australian farmers and Australian manufacturers. It is for these, I suggest, very good reasons that I strongly support Australia's entry into the TPP-11 and, as a consequence, support the passage of these bills.</para>
</speech>
<speech>
  <talker>
    <time.stamp>13:42</time.stamp>
    <name role="metadata">Senator WHISH-WILSON</name>
    <name.id>195565</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>Today we have before us legislation, the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and related bill, implementing the Trans-Pacific Partnership agreement. This deal started in 2005, nearly thirteen years ago, immediately following the failure of the Doha multilateral trade rounds. It didn't get supercharged until after 2010, when President Obama put his stamp on it, but it has been a long time coming. We need to ask ourselves as a chamber why that is. Why has it taken nearly 13 years for the Trans-Pacific Partnership agreement to come to us in legislation? You can draw your own conclusions. It's extremely complex, divisive, controversial and unpopular. I say to the senators in the chamber here today and those listening: for six years I have been campaigning against this so-called trade deal. Senator Milne before me opposed the Trans-Pacific Partnership agreement in 2010, and my colleague Senator Hanson-Young has done an excellent job in recent years flying the Greens flag on this.</para>
<para>There is a good reason that we oppose the TPP. This is a corporate takeover of our democracy, to put it in a nutshell. You can come in here and bung on as much as you want with speeches written for you by staffers about what a great deal this is for the country; if you have a look at it closely, you'll see that we already have bilateral trade deals with the majority of countries in the TPP 11, with very limited increases in market access. This is not a free trade deal in the way the coalition are describing it; this is much more about services and investment. This is a deal for large multinational corporations.</para>
<para>Let me tell you a little bit more about this. When the TPP negotiations were underway there was no access at all for community groups or other stakeholders, apart from big corporations who had exclusive access. They were covered completely by commercial-in-confidence clauses about what could be disclosed. And, of course, we had our DFAT negotiators, who I for five years tried to get answers from at every estimates and who, seemingly, felt insulted when we asked them questions about what was going on behind closed doors. And it wasn't just us in this country, I know our counterparts and stakeholders I've dealt with in other countries have had very similar issues. We have a deal that's essentially synchronising laws and regulations around things as important as investment and services. Things that cover nearly every facet of our lives in this country are being negotiated behind closed doors by people who aren't responsible to parliament.</para>
<para>What did I do when I took on this issue in 2012? I looked at our treaty-making process and I initiated an inquiry, which went for some time. I recommend senators have a read of that inquiry report. It's called <inline font-style="italic">Blind agreement: reforming Australia's treaty-making process</inline>. When the Foreign Affairs, Defence and Trade Committee released this report I don't think there was any disagreement from any senator from any political party that our treaty-making process was in dire need of change and of reform. The report stated:</para>
<quote><para class="block">The committee correctly identifies that the scope and complexity of 'modern trade' or 'partnership' agreements—such as the Trans Pacific Partnership (TPP) Agreement—makes the case for reform compelling.</para></quote>
<para>The committee identified, 'three major areas for urgent reform: transparency, consultation and independence'. The committee also acknowledged that:</para>
<quote><para class="block">The incursion of modern trade or partnership negotiations into matters of domestic policy and public interest is such that they now function as a 'de facto level of government'.</para></quote>
<para>What have we done to reform our treaty-making process? Absolutely nothing. We've done absolutely nothing.</para>
<para>The Greens put in a dissenting report at the end of that committee inquiry. Unfortunately, while we got general agreement that our treaty-making process was in urgent need of reform, the Labor Party said: 'We're a party of government. We don't want to jeopardise the executive power that goes with government.' But that's ultimately the tension within trade deals. The executive is the one who control trade deals with their department, the Department of Foreign Affairs and Trade and other negotiators. When they've got the deal to a point where they think it's good they then give it to parliament. Guess what? It goes through a JSCOT rubber-stamp process—a government-controlled committee. We have a references committee that is opposition-controlled and that often recommends change but nothing ever happens. We get lock, stock and barrel. We either vote for the whole lot or we can reject it. There are some good things in these trade deals. Why can't we change it? It's just not possible under our treaty-making process. It's a joke that we get given thousands of pages of text around these extremely complex trade deals and investment deals that cover just about every aspect of our lives in this country and elsewhere and we can't change a bloody thing; and if we do it jeopardises the entire deal, so nobody does.</para>
<para>I've seen it with the Japanese free trade deal. I've seen it with the Korean free trade deal. I have looked at it in relation to the Chinese free trade deal, the RCEP agreement and the new Indonesian deal underway. It's the same thing: no move at all to reform our treaty-making process. I recommend senators read that report, because there are a number of recommendations about what we can do to reform our treaty-making process so that we don't get ourselves into this situation here, this farce, where we have to say yes or no to thousands of pages of detail on extremely complex matters of investment and trade.</para>
<para>Now, the Greens support trade, but we support fair trade. One of the reasons the Doha round of multilateral negotiations, which included all WTO members, fell apart was that there was enormous hostility from civil society all around the world. In what is now commonly called the battle of Seattle, nearly 40,000 people turned up in Seattle to protest against globalisation and the rules being written, behind closed doors, by multinational corporations for sovereign nations like Australia with compliant governments—the same governments who were taking donations from those large corporations—to the exclusion of civil society and parliaments around the world. So it fell apart.</para>
<para>Why did the Greens—Senator Milne and I and others—make an early decision not to support the Trans-Pacific Partnership? We have a fundamental philosophy that every environmental problem on this planet and just about every social problem on this planet is caused by a business or commercial activity. I want senators to reflect on that. Whether it's climate change, the warming of our oceans, the loss of half the Great Barrier Reef, overfishing, the trashing of our forests or the pollution of rivers—you name it—it's caused by business activity. So, when all the business CEOs are in one room secretly negotiating a deal, why wouldn't we include externalities and rules and regulations that control the business activity that causes all these problems and undermines workers' rights—all the kinds of criticisms that have been raised by my party in this debate?</para>
<para>I've raised this issue too—and, by the way, it's in the treaty reform bill—and the only answer we've ever got is: 'It's not the right forum for that, Senator. It's not the right forum for dealing with emissions.' Well, what is? The Kyoto Protocol? The Paris Agreement? Look at that. The fact is that what we are about to sign up to here, including state-to-state settlements and investor-state dispute settlements, are binding agreements. They are binding agreements. But do you think, between 11 or 12 countries, we can get anywhere near a binding agreement on environmental protections? Look at Japan. Japan took the leadership on the TPP-11 when the US pulled out. Only a few weeks ago, they threatened to walk out of the International Whaling Commission because they didn't get their way. So much for rules-based order! The legislation before us today has come to us from Shinzo Abe, the Japanese Prime Minister, the same Prime Minister who's agitating to increase the size of Japan's whaling fleet and walk away completely from an international rules-based order banning whaling, including in the Australian Whale Sanctuary in the Southern Ocean. Do you think there is something in the TPP that might hold the Japanese to account on an activity like killing cetaceans? There are a few platitudes in there, but there is nothing binding so that we can turn around to Japan and say: 'Wait a second. You want to be our friend and ally on all these things to do with investment. What the about the protection of cetaceans?' That's what Australians feel strongly about. What about action on emissions or the illegal trade in wildlife? There is nothing at all binding in these agreements on that, because it's not a priority. It's not a priority for the corporations that cause a lot of these problems, and it's clearly not a priority for our government or for most governments around the world. That's why civil society have been fighting these multilateral agreements: because they want fair trade. They don't mind trade agreements, but they want agreements that are fair for all stakeholders, not just agreements that are written for business.</para>
<para>Let's talk about investor-state dispute settlements, another thing that you, Mr Acting Deputy President Sterle, may not be surprised that I wanted to know a lot more about when I was carrying the can for this portfolio. Once again, I had the committee's agreement to have another wide-ranging inquiry into ISDS, on my Trade and Foreign Investment (Protecting the Public Interest) Bill 2014, and it went for 18 months. We were the only parliament—the only parliament in the world—that had an inquiry into ISDS and banning ISDS. I had the French consulate and other people contacting us. There was a lot of interest in this inquiry. It has been quoted in journals all around the world since the inquiry.</para>
<para>Oddly enough, we got hundreds of pages of evidence from witnesses—including ISDS experts and lawyers who conduct investor-state dispute settlement cases—and there was agreement in the committee that these ISDS clauses had certainly outlived their use-by date and weren't necessary anymore. Yet do you think we could get them banned from future trade deals, like the Greens push for? The committee said, 'No, we're not going to ban these, because it might tie one hand behind our back in negotiations.' That was the key reason. If a country wants to include an investor-state dispute settlement clause, it may end up complicating future trade deals. Where's the principle that we shouldn't be giving special rights to corporations to sue sovereign governments in this day and age? If I've done anything in this place, it's stand up to excessive corporate power. That's what this TPP is; it's a blueprint for excessive corporate power.</para>
<para>I must say, I was very disappointed that, in a speech he made just two weekends ago, the Leader of the Opposition, Bill Shorten, commented that there's never been a better time to be a multinational corporation. He was saying that sarcastically, yet it seems as though Labor is going to vote for this legislation and give them exactly what they want. They have spent 13 years trying to get this legislation through this parliament and other parliaments—that is 13 years of opposition all around the world to the TPP, not just here in Australia but elsewhere. Here are some of the conclusions from the report on ISDS:</para>
<quote><para class="block">(a) Litigation using ISDS has proliferated in recent times and this is likely to increase into the future.</para></quote>
<quote><para class="block">(b) ISDS clauses have outlived their usefulness and are now under review in a number of countries and trade negotiations, including 10 countries in Latin America, South Africa, India, Indonesia and the European Union …</para></quote>
<para>In fact, the new NAFTA negotiations have excluded ISDS between US and Canada, so they are backtracking on the use of ISDS. The report continues:</para>
<quote><para class="block">(c) There is no evidence that ISDS clauses have any economic benefits for trade or investment, however the risks of using them are clear and supported by evidence and numerous case studies.</para></quote>
<quote><para class="block">(d) Trade deals are changing from historic "market access trade" … considerations to facilitating … "foreign investment" … laws and policies in a wide range of areas, including public health, patents on medicines, the environment, food labelling, Internet use and privacy and local media content …</para></quote>
<para>All these are in the TPP. As I said earlier, nearly every aspect of life in this country is going to be impacted by this trade deal, yet now is when parliament gets to look at it—at the very end of 13 years of negotiations. The report continues:</para>
<quote><para class="block">This makes the inclusion of ISDS more dangerous.</para></quote>
<quote><para class="block">…    …     …</para></quote>
<quote><para class="block">(f) There was strong evidence presented to the inquiry that ISDS "safeguard" clauses can and have been reinterpreted and overturned through the arbitration process.</para></quote>
<para>Lastly but most importantly the report states:</para>
<quote><para class="block">(g) Parliament has no oversight or control over the inclusion of ISDS in trade negotiations—</para></quote>
<para>except that we can reject the entire trade bill before us today because of the inclusion of ISDS clauses in the agreement.</para>
<para>I've only got a few minutes left to go before question time, but let me say this—</para>
<interjection>
  <talker>
    <name role="metadata">Senator Williams</name>
    <name.id>I0V</name.id>
  </talker>
  <para>That's good.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator WHISH-WILSON</name>
    <name.id>195565</name.id>
  </talker>
  <para>You might learn something Senator Williams; I'll take that interjection. You might think this is about agricultural exports or you might think this is about selling more commodities to the world. Have a very close look at the fine detail; this is a deal about trade and investment. And what do we mean by investment? We mean direct foreign investment which, by definition, is significant investment. It's significant investment between countries. And, of course, the companies that conduct significant investment are, by their nature, usually large multinational corporations—the exact 300 or so businesses that had exclusive access to the negotiations on the Trans-Pacific Partnership agreement. These were negotiations that civil society was excluded from, negotiations that we senators were excluded from, and negotiations about which I could get no detail from Department of Foreign Affairs and Trade officials at numerous estimates over recent years: 'This is it; you can take it—lock, stock and two smoking barrels.'</para>
<para>And the US has pulled out of the Trans-Pacific Partnership, but, in case you didn't notice, there are 22 clauses that have been suspended in the TPP-11—including clauses related to monopoly pricing of medicines and pharmaceutical companies—that will be reopened if the US rejoins the TPP. What is the process we have to go through if the US wants to join the TPP? So far, we have very little illumination on that point. I would ask senators to think very closely about whether you want to sell your sovereignty down the river in a so-called trade deal.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Colbeck</name>
    <name.id>00AOL</name.id>
  </talker>
  <para>You want a one-world government!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator WHISH-WILSON</name>
    <name.id>195565</name.id>
  </talker>
  <para>I know you would, Senator Colbeck. I'm very happy to take that interjection.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>It being 2 pm, we will interrupt the debate. Senator Whish-Wilson, you will be in continuation later.</para>
</interjection>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>QUESTIONS WITHOUT NOTICE</title>
        <page.no>35</page.no>
        <type>QUESTIONS WITHOUT NOTICE</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Australian Broadcasting Corporation</title>
          <page.no>35</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:00</time.stamp>
    <name role="metadata">Senator WONG</name>
    <name.id>00AOU</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>My question is to the Minister for Communications and the Arts, Senator Fifield. In response to damning allegations of political interference with the ABC, the minister asked the secretary of his department to undertake an inquiry to establish the facts. Given the minister's direct personal involvement in the scandal, did his secretary ask questions of the minister in relation to allegations of political interference with the ABC and, if so, what was the substance of those questions?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:00</time.stamp>
    <name role="metadata">Senator FIFIELD</name>
    <name.id>D2I</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Thank you, Senator Wong, for your question. As colleagues know, I asked the Secretary of the Department of Communications and the Arts to undertake an inquiry, following newspaper articles that raised issues in relation to the independence of the ABC. I was asked at a doorstop interview whether the secretary of the department would be talking to me. I indicated that he was perfectly at liberty to talk to me. I have indicated to the secretary that which is consistent with the advice of the former managing director and the former chair to the secretary of the department, which is that I in no way, shape or form have ever sought to influence employment matters at the ABC and I never would.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:01</time.stamp>
    <name role="metadata">Senator WONG</name>
    <name.id>00AOU</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>What did the minister and former Prime Minister Malcolm Turnbull say in the meeting with former ABC chair Justin Milne that left Mr Milne with the clear impression that the ABC's funding support would be affected unless their concerns were addressed and which prompted Mr Milne to seek the sacking of ABC journalist Mr Andrew Probyn?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:02</time.stamp>
    <name role="metadata">Senator FIFIELD</name>
    <name.id>D2I</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Thank you, Senator Wong. I do not know what was in the mind of Mr Milne. I can't put myself in someone else's mind. It's not something I've yet been able to achieve. But let me make absolutely clear that this government has never linked ABC funding or ABC budget measures and editorial matters at the ABC.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong, on a point of order.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>The point of order is relevance. The question is: what did the minister say? I didn't ask what Mr Milne thought; that is on the public record. What did the minister say that left Mr Milne with that impression so that he undertook the action which he did, which was to seek the sacking of a journalist?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>On the point of order, I think the minister is being directly relevant to the question asked.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator FIFIELD</name>
    <name.id>D2I</name.id>
  </talker>
  <para>I'm very happy to give Senator Wong a flavour of the discussion. No media organisation is perfect. All media organisations should continually strive to be their best selves, including the ABC. The former Prime Minister has said privately the same as he has said publicly, as have I, which was that concerns about the ABC don't relate to bias. They relate to factual errors, and the ABC should always seek to be— <inline font-style="italic">(Time expired)</inline></para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:04</time.stamp>
    <name role="metadata">Senator WONG</name>
    <name.id>00AOU</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>How can Australians have confidence in the independence of the inquiry undertaken by this minister's own department when the minister himself was so heavily involved in the allegations of political interference with the ABC? Given the minister's direct involvement, why has this minister failed to stand aside as Minister for Communications and the Arts?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:04</time.stamp>
    <name role="metadata">Senator FIFIELD</name>
    <name.id>D2I</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I reflect on the reflection that Senator Wong is making on the independence and the integrity of the secretary of my department in the work that he has undertaken in the inquiry.</para>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>On you, mate! On you!</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator FIFIELD</name>
    <name.id>D2I</name.id>
  </talker>
  <para>Just because Senator Wong keeps repeating something does not make it true. You can't come into this place and keep repeating things that are not true. As I have made extremely clear, I have always respected the independence of the ABC. I have never sought in any way, shape or form—not hinted nor intimidated in any way in relation to ABC staffing matters.</para>
<para class="italic">Senator Wong interjecting—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order on my left. It is only Monday!</para>
</interjection>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>DISTINGUISHED VISITORS</title>
        <page.no>36</page.no>
        <type>DISTINGUISHED VISITORS</type>
      </debateinfo><speech>
  <talker>
    <time.stamp>14:05</time.stamp>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
    <electorate></electorate>
  </talker>
  <para>I draw to the attention of honourable senators the presence in the chamber of a parliamentary delegation from Germany led by the President of the Bundesrat and Governing Mayor of Berlin, Mr Michael Muller, upstairs in the President's gallery. On behalf of all senators, I wish you a warm welcome to Australia and, in particular, to the Senate. With the concurrence of honourable senators, I invite the President to take a seat on the floor of the Senate with me.</para>
<para>Honourable senators: Hear, hear!</para>
<para> <inline font-style="italic">Mr Muller</inline> <inline font-style="italic"> was then seated accordingly.</inline></para>
</speech>
</debate>
    <debate><debateinfo>
        <title>QUESTIONS WITHOUT NOTICE</title>
        <page.no>36</page.no>
        <type>QUESTIONS WITHOUT NOTICE</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Small Business</title>
          <page.no>36</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:06</time.stamp>
    <name role="metadata">Senator BROCKMAN</name>
    <name.id>30484</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>My question is to the Minister for Small and Family Business, Skills and Vocational Education, Senator Cash. Can the minister update the Senate on how the Liberal-National government is helping small and family businesses?</para>
<para>Honourable senators interjecting—</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Before I call Senator Cash, I remind colleagues of my need to hear the question. I ask for silence during questions.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:06</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I thank Senator Brockman for his question. I'm very pleased that under those of us on this side of the chamber, our government, small, family and medium-sized businesses in Australia will be paying less tax sooner, because our government is delivering on its commitment and its tax relief five years earlier than we'd planned. On this side of the chamber, we are prioritising small, family and medium businesses. Why are we doing that? Because we know—colleagues, don't we?—that these are the job-generating engines in our economy. In excess of three million small and family businesses in Australia employ more than seven million Australians, and on this side of the chamber we will do everything that we can to ensure that they have the right economic framework in place so that they can prosper and grow, because when they prosper and grow they create more jobs for all Australians.</para>
<para>Fast-tracking our tax relief for small, family and medium businesses is a good thing for all Australians; it's a good thing for our economy. Why? Because lower tax supports more investment, higher productivity, more jobs and higher wages. This tax relief is going to allow these businesses to reinvest back into their business. Again, when they reinvest back into their business, they prosper and they grow and they create more jobs, just like we want them to, for Australians.</para>
<para>What are we doing for small, family and medium-sized enterprises in Australia? The changes that we are going to introduce this week will see businesses with a turnover below $50 million face a tax rate of just 25 per cent five years earlier than we'd planned. But we can only do this because of the strong economic management brought to you by our government.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Brockman, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:08</time.stamp>
    <name role="metadata">Senator BROCKMAN</name>
    <name.id>30484</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Minister, why is it important to provide certainty to small and family businesses?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:08</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Because, when you provide them with certainty, they are able to make decisions. When you provide them, in particular, with certainty in relation to tax cuts, they can plan out how they are going to reinvest back into their business. When they reinvest back into their business, they are able to grow their business. When they grow their business, they are able to employ more Australians, and that means that our nation as a whole benefits.</para>
<para>But it's not just tax relief for small, family and medium businesses that we've been delivering. On this side of the chamber, we have made a very conscious investment to put in place the right policies to ensure that employment in this country grows. Whether it's extending the instant asset write-off, whether it's cutting red tape or whether it's streamlining GST reporting for in excess of 2.7 million businesses in Australia, everything we do on this side of the chamber is to ensure that businesses—in particular, small, family and medium businesses—are able to prosper and grow. <inline font-style="italic">(Time expired)</inline></para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Brockman, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:09</time.stamp>
    <name role="metadata">Senator BROCKMAN</name>
    <name.id>30484</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Is the minister aware of any risks to the more than three million small and family businesses in Australia?</para>
<para class="italic">Senator Cameron interjecting—</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:10</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Senator Cameron's exactly right. A Labor Prime Minister is a massive risk to small, family and medium-sized businesses in this country, because, as we know, Mr Shorten—or, as someone else referred to, 'Unbelieve-a-Bill'—has tried to convince Australians, but he is not succeeding, that he is a friend of these businesses. This is someone who was dragged kicking and screaming to the table last week to support our tax cuts. Small, family and medium-sized enterprises in Australia know that Mr Shorten and Labor are no friends of theirs. The proof is quite literally in everything that those on the other side stand for. In June of this year, do you know what they did? They actually promised these businesses that they'd raise their taxes and reverse the tax cuts that we have put in place. So there is a risk, and it's a Shorten Labor government.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Religious Freedom Review</title>
          <page.no>37</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:11</time.stamp>
    <name role="metadata">Senator PRATT</name>
    <name.id>I0T</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>My question is to the Minister for Finance, Senator Cormann. On 20 September, the Senate passed a second motion ordering the production of the report by the Religious Freedom Review Expert Panel. In refusing to comply with the order, the minister told the Senate that the report 'has been received by cabinet'. Does the minister stand by this statement?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:11</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Yes, I do. It is a matter of public record that this report was commissioned by the cabinet for the purposes of informing cabinet deliberation on how to deal with the very important issue of how to appropriately calibrate the protection of religious freedoms in Australia. The report was received in May. That is also a matter of public record. I would also just point out to the Senate that the deliberative process of cabinet does not just commence with the consideration of a final recommendation by cabinet. It, indeed, commences with the relevant minister turning his mind to the preparation of a cabinet submission and putting forward relevant recommendations. I refer you in particular to section 125(a)iii of the <inline font-style="italic">Cabinet Handbook</inline>, which is on the public record, which is in relation to cabinet documents. It makes very clear that cabinet documents are any materials 'prepared for the purpose of informing the cabinet'—which this, of course, was—and 'any other papers prepared for the consideration by or for the information of ministers in a cabinet or committee meeting, such as letters or reports, regardless of whether these documents are circulated in advance of the meeting or provided in the Cabinet Room'.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Pratt, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:13</time.stamp>
    <name role="metadata">Senator PRATT</name>
    <name.id>I0T</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Last week, Prime Minister Morrison said the report 'hasn't been considered by cabinet'. Treasurer Frydenberg additionally said:</para>
<quote><para class="block">The report hasn't even been considered by Cabinet …</para></quote>
<para>Who is correct—Prime Minister Morrison and Treasurer Frydenberg or the Minister for Finance?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:13</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>There is no inconsistency between the statements by Prime Minister Morrison and—</para>
<para>Opposition senators interjecting—</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order on my left! I need to be able to hear the minister's answer.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
  </talker>
  <para>I'm a non-English-speaking-background humble immigrant, but what I would put to you is that I do understand the difference between the word 'received' and the word 'considered'. Let me confirm again for you in plain English: the report was received by the cabinet in May and, indeed, the deliberative process of cabinet commences with the consideration of that report as a very important input to the cabinet deliberation by the relevant and responsible minister, which, on this occasion, is the Attorney-General. That is the same process that applied under the previous government and, indeed, under governments of both political persuasions. There is actually nothing new in this. If you look at the Westminster tradition, going back hundreds of years, you will find that that is entirely consistent. <inline font-style="italic">(Time expired)</inline></para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Pratt, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:14</time.stamp>
    <name role="metadata">Senator PRATT</name>
    <name.id>I0T</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>When will the government finally release the report of the Religious Freedom Review Expert Panel? And why doesn't the government think the voters of Wentworth deserve to know what the government is considering before they vote on Saturday?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:14</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>The government's position on this has been very clear and consistent for some time. I have made the point in the Senate before, and indeed others have, that we will be releasing the Ruddock review at the same time as we release the government's response to it. Let me just make this very important point. These are obviously sensitive issues in the community, and on our side of parliament we want to bring Australians together. We don't want to turn Australian against Australian. What I would put to you is: let's deal now with the issue we all agree on. We all agree that there should be no discrimination in relation to students from religious non-state schools on the basis of their sexuality. Let's deal with that and let's go through a proper process to ensure that we land on an appropriately balanced position that brings the community together rather than turning Australian against Australian. <inline font-style="italic">(Time expired)</inline></para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Trade</title>
          <page.no>38</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:16</time.stamp>
    <name role="metadata">Senator MOLAN</name>
    <name.id>FAB</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>My question is to the Minister for Trade, Tourism and Investment, Senator Birmingham. Will the minister advise the Senate on the benefits of the Export Market Development Grants scheme for Australian businesses, in particular in my home state of New South Wales?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:16</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I thank Senator Molan for his question and his particular interest in seeing businesses across New South Wales seize the opportunities created by our Liberal and Nationals government to grow their export markets, to export their goods and services around the world to the many locations in which Australia and our government in particular has been able to negotiate preferential access for them. The EMDG scheme has assisted over 50,000 Australian small and medium sized exporters to get their goods to market. It's done so particularly under our government thanks to a funding boost to the scheme of some $60 million over five years. In the 2017-18 financial year, the scheme supported nearly 3,400 recipients of more than $115 million in grants. Importantly, these recipients reported export earnings in excess of $3.8 billion.</para>
<para>It's good investment in helping particularly small and medium sized businesses to seize the opportunities. Indeed, nearly 76 per cent of recipients were small exporters reporting an annual income of less than $5 million and having fewer than 20 employees. These are the businesses our government keeps backing time and time again. We're backing them with our tax relief for small businesses. We're backing them through our investment in increased market access and trade development support for those businesses. Indeed, in New South Wales around 1,400 businesses received an EMDG payment over the 2017-18 financial year, with funding of more than $52 million provided, and in particularly entrepreneurial electorates, if I can single one out, like Wentworth: 129 exporters received support; 129 predominantly small and medium sized businesses seized the opportunity of our Liberal and Nationals government to grow their export markets into the future. <inline font-style="italic">(Time expired)</inline></para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Molan, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:18</time.stamp>
    <name role="metadata">Senator MOLAN</name>
    <name.id>FAB</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Can the minister advise the Senate of any success stories after businesses received an export market development grant?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:18</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Yes, I can. I spoke before about Wentworth, and indeed there's a business there called Matchboard, which received its first EMDG grant in 2016. The founder, Sharon Melamed, said that after 20 years in senior sales roles she took a punt in recognising a niche in the market and building a business based on modern technology, redefining the ways companies, suppliers and clients find each other and providing a free online service using proprietary software to match buyers with suppliers in niche areas. She said:</para>
<quote><para class="block">With the funds from the EMDG, I've been able to secure a highly experienced UK-based General Manager Sales, and ramp up the marketing.</para></quote>
<para>She also said:</para>
<quote><para class="block">Frankly, it's been a game changer. Matchboard is self-funded and without the EMDG, I'm not sure we could have afforded to take the leap internationally so fast.</para></quote>
<para>She said that she expects 2018 to be the year the business booms and thanks the strong environment for business—all as a result of that.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Molan, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:19</time.stamp>
    <name role="metadata">Senator MOLAN</name>
    <name.id>FAB</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Thank you, Mr President. Are there any risks to the program in the future?</para>
<interjection>
  <talker>
    <name role="metadata">Senator Marshall</name>
    <name.id>00AOP</name.id>
  </talker>
  <para>Socialism!</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:19</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Yes, indeed! Senator Marshall is correct: socialism from those opposite would be one risk that such businesses face, particularly with the plans of those opposite to see higher taxes applied in a whole range of ways on employers, on investments, on savings. They of course are a party for higher taxes. As Senator Cash rightly outlined in the Senate just before, you can't take Labor's word for it when they say they support small business tax cuts, because they have fought and opposed them every step of the way. In terms of the Export Market Development Grants scheme, the Labor Party, when in government, cut the appropriation from $200 million to $150 million and then again from $150 million down to $125 million. Our government invested back in to make sure we give support to small exporters to get ahead.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Climate Change</title>
          <page.no>39</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:20</time.stamp>
    <name role="metadata">Senator DI NATALE</name>
    <name.id>53369</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>My question is for the Leader of the Government, representing the Prime Minister. Last week, 91 of the world's leading climate scientists meticulously reviewed over 6,000 studies and issued a wake-up call to governments across the world. They told us that if we want to have any chance at all to avoid the tipping points that will trigger a climate breakdown—if we're going to have any chance of saving our coral reefs, of avoiding the droughts that are currently afflicting Australia and of avoiding extreme weather—we have to eliminate all 42 billion tonnes of carbon pollution and phase out coal-fired power. In response, the environment minister said it was 'irresponsible to talk of phasing out coal-fired power'. Minister, do you agree with the environment minister and ignore the scientists in saying that it is irresponsible to phase out coal to secure humanity's future?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:22</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I thank Senator Di Natale for that question. Firstly, it is a matter of fact that coal is, and will continue to be, an important energy source for Australia and, indeed, for many countries around the world. What our government supports is effective action on climate change in a way that doesn't gratuitously harm Australian families. What I would say to Senator Di Natale is that Australia has a proud track record when it comes to making our contribution to addressing climate change in a sensible fashion. Indeed, we not only met but actually exceeded our commitment under the first Kyoto target by 128 million tonnes. We are on track to beat our 2020 Kyoto target by 294 million tonnes. Australia's abatement task to reach our Kyoto 2 target has fallen from the 755 million tonnes estimated by Labor in 2012 to beating it by 294 million tonnes under our government. And we can absolutely meet our Paris 2030 target, with no impact on electricity prices, supported by our policies and technology change. Our policies include the Emissions Reduction Fund and safeguard mechanism.</para>
<para>Honourable senators interjecting—</para>
<continue>
  <talker>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
  </talker>
  <para>Look at our track record. The Australian people understand that we can do both. We can do the right thing by the environment in a way that is also responsible economically.</para>
<para>Honourable senators interjecting—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order on my left! Senator Whish-Wilson!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
  </talker>
  <para>We can do the right thing by the environment in a way that is economically sensible, that doesn't gratuitously harm families around Australia. We want families around Australia to continue to have the best possible opportunity to get ahead, for the economy to be strong, for more jobs to be created, for electricity to remain affordable—and we want to also ensure that we make our contributions to emissions reductions.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Di Natale, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:24</time.stamp>
    <name role="metadata">Senator DI NATALE</name>
    <name.id>53369</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Thanks, Mr President. Minister, we have looked at your track record. It's a disgrace and you should be ashamed of yourself!</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Come to the question.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator DI NATALE</name>
    <name.id>53369</name.id>
  </talker>
  <para>Minister, do you agree with the environment minister's assessment, who, without having read the IPCC report, says that the world's most pre-eminent scientists are 'drawing a long bow that the continued burning of coal is incompatible with a healthy climate system'.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>14:24</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I don't believe that even the Labor Party would be suggesting that we walk away from all coal as an energy source for Australia. If that is Labor's position, I'd be very interested to hear it. In the meantime, today is the day we discovered that Senator Marshall is concerned about socialism. This is a great day in Australian politics. Let's mark that occasion. Let's join with Senator Marshall in promoting more sensible economic policy. The approach that we are promoting is one that does the right thing by the environment in a way that is also economically sensible, and does the right thing by working families around Australia. The Greens clearly don't care about working families around Australia; we do.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Di Natale, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:25</time.stamp>
    <name role="metadata">Senator DI NATALE</name>
    <name.id>53369</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Minister, do you agree with the former Deputy Prime Minister, who has been advocating over the weekend to redirect the money that's allocated to Snowy Hydro 2.0 into building new coal-fired power stations? Do you agree with the former Deputy Prime Minister, who wants to ditch your signature energy policy and build a new coal-fired power station?</para>
<para>Government senators interjecting—</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I will call Senator Cormann when I can hear his loud voice.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:26</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I reassure Senator Di Natale that there is no such proposal before the government and that that is not at all on the table in any way, shape or form. I would say that, in relation to Snowy Hydro, it's a matter of public record that they're currently considering an investment opportunity into Snowy 2.0. That is going through its normal processes. A final investment decision is due towards the end of the year, and it will be made based on commercial considerations and whether or not the proposal stacks up on commercial grounds. That is what the Australian people would expect us to do.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Wentworth By-Election</title>
          <page.no>40</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:26</time.stamp>
    <name role="metadata">Senator CAMERON</name>
    <name.id>AI6</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>My question is to the Minister representing the Prime Minister, Senator Cormann. Former Liberal leader and member for Wentworth, John Hewson, has declared that voters in Wentworth:</para>
<quote><para class="block">… could register a substantial protest vote against the government or any other candidates that don’t understand the magnitude and urgency of the climate change challenge.</para></quote>
<quote><para class="block">If the Liberal party doesn't stand up and argue the case on this, I think people should be encouraged to vote against them.</para></quote>
<para>If even Dr Hewson doesn't think the Liberal government understands the magnitude and urgency of the climate change challenge, why should anyone in Wentworth?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:27</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Senator Cameron is asking me why the good people in Wentworth should vote for the Liberal candidate. Let me say right up-front: the reason they should vote for Dave Sharma is that he's an outstanding Liberal candidate for Wentworth. He is somebody who has made it from being a first-generation migrant to Australia to representing Australia as an ambassador in Israel, where he did an absolutely outstanding job. If the people of Wentworth put their confidence in Dave Sharma, he will be an outstanding representative for their community here in the Australian parliament.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Cameron, on a point of order.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Cameron</name>
    <name.id>AI6</name.id>
  </talker>
  <para>It is on direct relevance. There is one question, and that was: Dr Hewson doesn't think that the voters in Wentworth should be voting Liberal. That was the proposition. Why should they vote Liberal if Dr Hewson doesn't?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The minister is being directly relevant because he is answering the question, albeit not in the way you would like it. I have no capacity to direct him to do so.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
  </talker>
  <para>Let me just speculate. I'm really not sure when the last time was that Dr Hewson voted Liberal, I have to tell you. With the greatest of respect I would advise the people of Wentworth not to take their lead from Dr Hewson in relation to their vote. Consider the great credentials of Dave Sharma. Consider the great work that our government has done over the last five years, and the contribution that Dave Sharma can make to that work into the future. Obviously, a vote for anyone other than Dave Sharma in Wentworth would be a vote for less certainty and less stability in government, and we would encourage the good people in Wentworth to consider that particular important consideration. On our side, we strongly support Dave Sharma as an absolutely outstanding individual who will make a fantastic contribution in the House of Representatives as the member for Wentworth. I thank Senator Cameron for having given me the opportunity to explain, on the record, why people should vote for Dave Sharma: because he's a great individual who will be a strong voice and do a great job. <inline font-style="italic">(Time expired)</inline></para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Cameron, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:30</time.stamp>
    <name role="metadata">Senator CAMERON</name>
    <name.id>AI6</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I again refer to the former Liberal leader John Hewson, who has warned:</para>
<quote><para class="block">But to put their head in the sand on this issue – they just fobbed the IPCC report off, like it doesn’t matter – it's a pretty unsatisfactory position.</para></quote>
<para>Why has the government fobbed off the IPCC report?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:30</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I don't accept the characterisation of fobbing anything off. Our track record is very clear. We meet our international emissions reduction commitments, and we intend to continue to do so into the future. Senator Cameron references a former Liberal leader. Well, are you going to vote One Nation at the next election, Senator Cameron, because former Labor leader Mark Latham is recommending a vote for One Nation? I mean, are you suggesting that the public expressions of former leaders of your party are what you then intend to do? I disagree respectfully with Dr Hewson. He's a former leader of the Liberal Party; that was a very, very long time ago. He's entitled to his views. I don't agree with him, and I would respectfully ask the people of Wentworth not to follow his lead.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Cameron, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:31</time.stamp>
    <name role="metadata">Senator CAMERON</name>
    <name.id>AI6</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>What does the Prime Minister say to Dr Hewson when he asks:</para>
<quote><para class="block">Is it going to take a drubbing in a byelection to get them to do something on climate?</para></quote>
</speech>
<speech>
  <talker>
    <time.stamp>14:32</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>You know what? We are doing something on climate. We're doing more than something, in fact.</para>
<interjection>
  <talker>
    <name role="metadata">Senator Cameron</name>
    <name.id>AI6</name.id>
  </talker>
  <para>You're doing 'something'!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
  </talker>
  <para>Well, the question was, 'Are you going to do something?' We're doing more than something; we're meeting and exceeding our international emissions reduction targets. We are meeting and exceeding our international emissions reduction commitments. The Labor Party and the Greens want us to go harder in a way that would hurt the economy, cost jobs, send jobs overseas and damage the opportunity for families around Australia to get ahead in a way that doesn't help address global greenhouse gas emissions, because it will just shift them into other parts of the world where emissions will be higher. The Labor Party and the Greens: it is open to you to pursue policies that will hurt families and do nothing for the environment. We want to do the right thing by the environment in a way that is also sensible for the economy, for jobs and for working families around Australia.</para>
</continue>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Western Australia Police Force</title>
          <page.no>41</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:33</time.stamp>
    <name role="metadata">Senator GEORGIOU</name>
    <name.id>269583</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>My questions are for Senator Cash, who's representing the Minister for Home Affairs, Peter Dutton, in the Senate. In the past five federal budgets, the Commonwealth has provided $6.5 million in grant money to state police across Australia, none of which has been allocated to Western Australia. Furthermore, the federal government allocated $7.6 million in the 2016-17 budget to the New South Wales government to assist New South Wales police officers make voluntary superannuation contributions. Senator Cash, can you please explain why there is a financial disparity between police grants on the east and west coasts and whether efforts are underway to make it fairer?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:33</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I thank Senator Georgiou for the question and for some notice of it. Senator Georgiou, I am instructed that the government does not seek to favour the provision of grants to any state or territory. In relation to the allocation of the $7.6 million to the New South Wales government that you raised, I am advised that the $7.6 million principally concerns taxation treatment for superannuation. Should the Western Australian government feel that there are similar issues that apply to Western Australian police, the government will look at the issue. The government is, of course, committed to keeping all Australians safe. If I can provide you with any further information in relation to your question, I will do so.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Georgiou, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:34</time.stamp>
    <name role="metadata">Senator GEORGIOU</name>
    <name.id>269583</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>The federal government has now set a precedent that it can help state police, as they did in New South Wales. Will the federal government commit an equal amount to help fund a WA police workers' compensation scheme?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:35</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>As I advised in my response to your first question, the government does not seek to favour the provision of grants to any state or territory. In relation to the allocation of the $7.6 million to the New South Wales government, this is a very specific allocation and it does concern arrangements regarding the taxation treatment for superannuation. I am advised, though, by the minister that should the WA government feel they also have similar concerns or there are similar issues that would apply to Western Australian police then the government would be prepared to look at the issue.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Georgiou, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:35</time.stamp>
    <name role="metadata">Senator GEORGIOU</name>
    <name.id>269583</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>The federal government gave $4 million to Victoria Police for the Trident Waterfront Taskforce and another $3.2 million to the New South Wales Police Force for the Polaris Joint Waterfront Taskforce. That was to tackle organised crime in those states. Given that WA is the meth capital of Australia, what assistance will the federal government offer to help tackle organised drug crime in Western Australia?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:36</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Indeed, the Commonwealth government provides grants to a range of state and territory police, including through the use of the proceeds of crime fund. The WA police are also supported by the Australian Criminal Intelligence Commission. The commissioner of the Western Australian police is a member of the ACIC board, which is where decisions about national policing information are made.</para>
<para>There are also other processes and procedures that the federal government has in place with the states, including with Western Australia, in relation to tackling organised crime. For example, the Australian Federal Police lead the National Anti-Gangs Squad. This works in conjunction with the state police, including the Western Australian police. In 2014, the government provided in excess of $10 million in funding to the AFP to support the establishment of the national— <inline font-style="italic">(Time expired)</inline></para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Telecommunications</title>
          <page.no>42</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:37</time.stamp>
    <name role="metadata">Senator DEAN SMITH</name>
    <name.id>241710</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>My question is to the Minister for Regional Services, Sport, Local Government and Decentralisation, Senator McKenzie. Can the senator update the Senate on recent developments to the Liberal-National government's Mobile Black Spot Program across rural and regional communities?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:37</time.stamp>
    <name role="metadata">Senator McKENZIE</name>
    <name.id>207825</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Thank you very much, Senator Smith, for being such a longstanding advocate for increased digital connectivity right across regional Australia and particularly for your home state of WA. It's not just about our local communities being able to access emergency services in times of need, or police services. If there are car crashes along our many highways and byways, they need to be able access those crucial emergency services, such as ambulances, on the side of a road. We know that our bushfire season is incredibly concerning; it is coming upon us with the summer. We are making sure that regional communities can access their fire services when they need them, and that our CFA volunteers can actually get those special texts. We have set up a whole lot of systems, but without digital connectivity it doesn't work.</para>
<para>We also want to make sure that our small businesses can access crucial banking services. We know that out in regional WA there are over 35,000 small businesses operating outside of Perth. Each and every one of those needs increased digital connectivity so they can be more productive and efficient, so they can employ more people, and so they can sell more. It is not just about making sure small businesses in WA are more connected; it is also making sure that those of us who live out in the regions can study online. We know that we don't access higher education at the same rate as other populations. Having access to digital connectivity is crucially important if we are to increase our higher education attainment.</para>
<para>Importantly, there is telehealth. That's an increasing technological advancement that's allowing high-quality healthcare service provision for those of us who live outside in the regions. On the weekend, I was incredibly proud to announce that the 600th tower has actually been opened. It's at Diamond Tree, outside of Manjimup, in Senator Smith's home state of WA.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Smith, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:39</time.stamp>
    <name role="metadata">Senator DEAN SMITH</name>
    <name.id>241710</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>What benefits does the Mobile Black Spot Program help to deliver to rural and regional Australia?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:39</time.stamp>
    <name role="metadata">Senator McKENZIE</name>
    <name.id>207825</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Thank you, Senator Smith. There are many, and I outlined many of those in my answer earlier. We know that Ballards, a rural supply shop in Narrogin, has used its increased digital connectivity to sell more, to connect more and to bank much more easily, which means, instead of having to take time off and take the takings down to the local bank, they're able to stay in the business, working on the business and growing that business, and that's why it is so important. We know that, in the great south-west of WA, there is forestry and horticulture. It hosts the Margaret River wine region, which is increasingly becoming an international tourist destination. That's why, when tourists leave Perth or leave from overseas and come into our regional communities, we want them to have that increased technology so they can send their WeChat and Instagram photos home to grow that tourist supply. The benefits are many and we're committed to the program.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Smith, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:40</time.stamp>
    <name role="metadata">Senator DEAN SMITH</name>
    <name.id>241710</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>What is at stake for regional Australians if the government's Mobile Black Spot Program is not delivered?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:41</time.stamp>
    <name role="metadata">Senator McKENZIE</name>
    <name.id>207825</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I'm incredibly concerned by the shadow minister's commentary recently. We know that Labor doesn't like regional Australia. We know that you hate the two industries that underpin our economy—agriculture and mining. You hate coal, you hate iron ore and you don't like agriculture. The fact is they drive not only our local, regional economies but, more importantly, the national economy. Stephen Jones was talking about our lived experience out in the regions, saying that this is a life and death situation, this is about growing our local economies and this is about employing locals. But do you know what? He stopped short of committing any funding. What a surprise! So, five years ago, you didn't have a program. We've shown you how valuable that program is to our communities. Yet, when the mettle is put on you, you cannot find a dime to support regional Australia.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Great Barrier Reef Foundation</title>
          <page.no>43</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:42</time.stamp>
    <name role="metadata">Senator KENEALLY</name>
    <name.id>LNW</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>My question is to the Minister representing the Prime Minister, Minister Cormann. Last week, former Prime Minister Malcolm Turnbull stated in a letter to the Senate Environment and Communications References Committee that the Minister for Finance and the current Prime Minister were willing to fund a substantial six-year package for the Great Barrier Reef so long as it was all expensed in the 2017-18 financial year. Is Mr Turnbull telling the truth? Are the Minister for Finance and Prime Minister Morrison the joint architects of the $440 million unsolicited grant to the private Great Barrier Reef Foundation?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:42</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>The first point I make right up-front is that I've read the letter by Mr Turnbull and I don't have any issues with the way he describes the process. As I've said to the Senate before, the decision to make this additional substantial investment in the future health of the Great Barrier Reef followed a proper process. It was a proposal that was put to the Expenditure Review Committee by the then Minister for the Environment and Energy, Mr Frydenberg. It was considered through the normal process, and it's right.</para>
<para>We had a number of considerations in front of us. One was the advice from the department of the environment which indicated to us that it would be easier for us to leverage additional private sector investment if we made this federal government contribution through a non-government vehicle, which is ultimately what we did. Also, of course, as a result of the good economic and budget management of this government, we're tracking well ahead of where we anticipated we would be in terms of our budget performance. Revenue was up substantially and payments were down substantially in 2017-18, so we knew that it was affordable in 2017-18 to make this one-off contribution, providing certainty to those philanthropists who were considering making additional private sector contributions, instead of locking the Commonwealth into an ongoing liability year on year. These are all considerations that led us to the ultimate decision to make a substantial additional investment in the future health of the Great Barrier Reef, and I don't understand why Labor is so opposed to our investment in the future health of a great national asset.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Keneally, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:44</time.stamp>
    <name role="metadata">Senator KENEALLY</name>
    <name.id>LNW</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Mr Turnbull also told the Senate committee that the Minister for Finance and the current Prime Minister did not think the budget could accommodate the proposed investment for the reef in subsequent years. Is the government's projected surplus in the 2020-21 financial year so vulnerable that the government had to resort to this sort of dodgy process rather than allocate funding to the relevant agencies in the normal way?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:45</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Firstly, I reject any suggestion that this was a dodgy process. This was a considered decision of the government, having considered a range of alternatives. The other point I would make is that, when we came into government, not only did we inherit a weakening economy and rising unemployment but we also inherited a rapidly deteriorating budget position. In the 11 weeks after Labor's last budget, the budget position deteriorated by $33 billion. In 2016-17 and in 2017-18 we delivered a substantially better final budget outcome than was forecast at budget time, an improvement of about $4 billion in 2016-17 and about $19.3 billion in 2017-18. Indeed for the first two months of this financial year the bottom line is $6.6 billion better to the end of August than was anticipated at budget time. <inline font-style="italic">(Time expired)</inline></para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Keneally, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:46</time.stamp>
    <name role="metadata">Senator KENEALLY</name>
    <name.id>LNW</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>In light of your answers, Minister, isn't it now clear that the government's decision to give $444 million to a private foundation that never asked for the money was not about getting the best outcome for the Great Barrier Reef but about using an accounting trick to get a political outcome for the coalition?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:46</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>No, I reject that absolutely. It was all about achieving the right outcome for the Great Barrier Reef in a way that was fiscally responsible.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Death Penalty</title>
          <page.no>44</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:46</time.stamp>
    <name role="metadata">Senator ABETZ</name>
    <name.id>N26</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>On behalf of Senator Dean Smith, co-chair of the Australian parliamentarians against the death penalty group, and myself, I ask the Minister for Foreign Affairs, Senator Payne, for an update on Australia's efforts to promote the global abolition of the death penalty.</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:47</time.stamp>
    <name role="metadata">Senator PAYNE</name>
    <name.id>M56</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I thank Senator Abetz for his question, and I'll come to Senator Smith in a moment. Australia's position on the death penalty is clear and unequivocal. We oppose the death penalty in all circumstances for all people. We are committed to its universal abolition and we will pursue this through all fora. This morning I launched here at Parliament House our new whole-of-government strategy to pursue global abolition of the death penalty. I also acknowledge the former foreign minister, the Hon. Julie Bishop, the member for Curtin, for her work on the development of this strategy over the past few years. I thank today the co-chairs of the parliamentarians against the death penalty group, Senator Dean Smith and the member for Fowler, Chris Hayes. They are leaders in this place in the campaign against capital punishment. Their strong advocacy is very highly regarded and much appreciated.</para>
<para>The strategy I launched today, the first of its kind in Australia, will see our nation work very closely with partners across the world to protect and promote our shared human rights. Last Wednesday, we marked World Day Against The Death Penalty, a reminder of the progress that we have made but also of the work that remains to be done to achieve global abolition. In the 50 years since Australia's last execution was held, 95 countries have completely abolished the death penalty. Last week, the Malaysian government announced that it will abolish the death penalty in our region and place an immediate moratorium on carrying out the death penalty. It is this kind of progress that has encouraged us to continue with our advocacy on this issue. It is the work of the parliamentary group against the death penalty that enables us to send such a strong signal from our own parliament.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Abetz, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:49</time.stamp>
    <name role="metadata">Senator ABETZ</name>
    <name.id>N26</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I thank the minister for her answer and I further ask: how does the government's whole-of-government strategy to abolish the death penalty provide a comprehensive framework for Australia to be a global leader in ending its use?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:49</time.stamp>
    <name role="metadata">Senator PAYNE</name>
    <name.id>M56</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>This new strategy provides a comprehensive and cohesive framework for the Australian government to be a global leader in ending the use of the death penalty worldwide. It's built on four pillars and principles. Firstly, that the death penalty is irrevocable, and no legal system is free of error: if the convicted is later found innocent, that is a miscarriage of justice that cannot be rectified. Secondly, it denies any possibility of rehabilitation of the convicted individual. Thirdly, the death penalty is no more effective a deterrent than long-term or life imprisonment. Lastly, it is unfairly used disproportionately against the most vulnerable members of many societies. To progress the implementation of the strategy, DFAT will establish a consultative group on the death penalty, which will include a number of Australian based civil society organisations who also campaign on this issue.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Abetz, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:50</time.stamp>
    <name role="metadata">Senator ABETZ</name>
    <name.id>N26</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>What role does our diplomatic network have in promoting Australia's advocacy for the total abolition of the death penalty?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:50</time.stamp>
    <name role="metadata">Senator PAYNE</name>
    <name.id>M56</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I thank Senator Abetz for that supplementary question. Abolition is a gradual process, and our diplomatic network has been consistent and diligent in advocating our position. As part of our public diplomacy agenda, many of our missions marked World Day Against the Death Penalty last week. As a member of the UN Human Rights Council for the first time this year, we were advocating abolition in a constructive, pragmatic manner that respects both the cultural and the social contexts of all retentionist states around the world, especially in our own region, the Indo-Pacific. Our diplomatic network will create clear and articulated plans for engaging with all non-abolitionist states. For some nations, complete abolition of the death penalty is just within reach. For others, the next step might be to seek a reduction in its application or perhaps to ensure that, where it is applied, it is actually applied humanely. We recognise that this journey is a difficult one, but all steps towards abolition, large or small, take us into a more civil world. <inline font-style="italic">(Time expired)</inline></para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Asylum Seekers</title>
          <page.no>45</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:51</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>My question is to the Minister representing the Minister for Home Affairs. Minister, I draw your attention to the humanitarian calamity your government has created on Nauru, where children have been continually abused and are suffering ongoing trauma. I remind you, Minister, that some of these kids have spent five years in detention, and about 40 of them were born into detention and have never known freedom. In the last five years we've seen physical abuse, sexual abuse of children, suicides, attempted suicides, widespread self-harm, children lapsing into catatonic states, and the destruction of people's hopes for the future. Last week Medecins Sans Frontieres was kicked off the island, and there is a complete lack of appropriate medical care for people, including children in desperate need. Minister, when will you get the kids off Nauru and bring them here so that they can get the medical treatment they so desperately need?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:52</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Thank you, Senator McKim, for that question. Unfortunately, I think that you and I and those of us on this side of the chamber are just going to have to agree to disagree. Senator McKim, you and your party, the Australian Greens, siding with the then Labor government, are responsible for absolutely everything you just raised in your question.</para>
<interjection>
  <talker>
    <name role="metadata">Senator Marshall</name>
    <name.id>00AOP</name.id>
  </talker>
  <para>That is offensive.</para>
<para class="italic">Senator Keneally interjecting—</para>
<para class="italic">Senator McKim interjecting—</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>It is a fact that when we left office there was a handful of people in detention. But there is a very clear policy choice now as we move towards the next election. Do you want a government that will always put the sovereignty of its borders first, or do you want the absolute chaos that ensued when the Australian Greens supported the policies of the former Australian Labor government? And Senator McKim, let me just remind you what occurred: 50,000 people arrived here on in excess of 800 boats. But when you talk about children in detention, it is about time you stood up and at least prefaced the question that you are going to ask with, 'I accept responsibility on behalf of the Australian Greens for policies that put in excess of 8,000 children into detention.' It is those of us on this side of the chamber who have ensured—Senator McKim, you may have forgotten this—the diligent, hard work of putting in place policies that work and that reduced the number of children held in detention in April 2016 to zero.</para>
<para>The PRESIDENT: Senator McKim, a supplementary question.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>14:54</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>Minister, can you confirm that there is currently only one mental health nurse on Nauru, who is not employed to provide services to refugees, and that the only psychiatrist employed by the Nauruan hospital does not speak English and does not have access to a translator to speak to refugee patients? Are you seriously maintaining your claim that this constitutes an adequate response to the mental health epidemic amongst refugees on Nauru that you've created? <inline font-style="italic">(Time expired)</inline></para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order, Senator McKim! You've got 30 seconds to ask a supplementary.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:55</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Again, Senator McKim, this question has been asked on so many occasions and the answer does not change: a range of care, welfare and support arrangements are in place in offshore processing centres to provide for the needs of children, young people and anybody else who is housed in these places. The Australian government has provided, as you know, Senator McKim, and continues to provide, appropriate health care and mental health support—</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator McKim, a point of order?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator McKim</name>
    <name.id>JKM</name.id>
  </talker>
  <para>Yes, President. My point of order goes to direct relevance. The question is not generic or generalist in any way. It makes two assertions and asks the minister to respond to those, which, to date, halfway through her answer, she's yet to do. I ask that you remind the minister of the question and ask her to respond to the specifics contained in the question.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I think the minister is being directly relevant to part of the question asked. Specific questions that are narrow in scope make it easier to hold a minister directly relevant to a question. For a longer question, a minister can respond to part of it.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>As I was saying, in relation to mental health support, you would be aware again, Senator McKim, that IHMS has longstanding and robust processes in place to provide primary and mental health care to individuals. You would also know that the Australian government has provided over $1 billion for infrastructure projects in both PNG and Nauru, including a new medical centre, staff accommodation— <inline font-style="italic">(Time expired)</inline></para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator McKim, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:57</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>Medecins Sans Frontieres Australia director Paul McPhun says that it is the Australian government's policy of indefinite offshore detention that has 'destroyed their resilience, shattered all hope and ultimately impacted their mental health'. The AMA has repeatedly called on the government to urgently transfer refugee families off Nauru, describing the situation as a 'humanitarian emergency'. Minister, why are you ignoring experts and continuing to deliberately engage in child abuse on Nauru? <inline font-style="italic">(Time expired)</inline></para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order, Senator McKim! Sit down! You were given 30 seconds to ask a supplementary question. I'm holding questioners and ministers strictly to the time limits.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:57</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Again, I completely refute the statements that have been made, and I don't agree with these statements that have been made.</para>
<para>Honourable senators interjecting—</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
  </talker>
  <para>It is a fact that we provide health care on both Nauru and Manus Island. As I was saying, the Australian government has invested in excess of $1 billion of taxpayers' money for infrastructure projects in both Nauru and PNG. What does this actually include? It includes a new medical centre; it includes staff accommodation; it includes a logistics hub in PNG; and it also includes a hospital redevelopment and community resource centre in Nauru. But again we must not forget, Senator McKim, that the only reason anyone is on Manus or Nauru is the policies that you supported and that were put in place.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Brown. Sorry, a point of order, Senator Bernardi?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Bernardi</name>
    <name.id>G0D</name.id>
  </talker>
  <para>I'd ask you to consider whether the Greens yelling at Senator Cash, 'You are abusing children; you are a child abuser,' is parliamentary, because I don't think it is.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I did not hear such comments. If such comments were made—</para>
<para>Honourable senators interjecting—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I have called Senator Brown. We're going to this question regardless of how long this takes. Senator Hinch, on the point of order?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Hinch</name>
    <name.id>2O4</name.id>
  </talker>
  <para>Those comments were made.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>If those comments were made, I would suggest, for the sake of the operation of the chamber, they should be withdrawn. They were directed at a minister personally rather than an observation on policy, if those were the exact words. I did not hear them.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator McKim</name>
    <name.id>JKM</name.id>
  </talker>
  <para>What I am happy to clarify for you—</para>
<para>Honourable senators interjecting—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order! I'll hear Senator McKim. We'll be going to Senator Brown after this—</para>
<para>An honourable senator interjecting—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I've already called Senator Brown for her question, so I consider the question to have commenced. Senator McKim.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator McKim</name>
    <name.id>JKM</name.id>
  </talker>
  <para>Thank you, Mr President. If I did describe the minister as a child abuser, I withdraw it. There is plenty of evidence that the government is abusing children on Nauru.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator McKim, can I ask you to withdraw the personal comments. There is a time to make party-political debate afterwards. Can I ask you to withdraw the personal comments. I need that to be unconditional rather than 'if'.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator McKim</name>
    <name.id>JKM</name.id>
  </talker>
  <para>It is not just the minister, it is the whole government, Mr President. I withdraw it.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Thank you, Senator McKim. Senator Brown.</para>
</interjection>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Goods and Services Tax</title>
          <page.no>47</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:00</time.stamp>
    <name role="metadata">Senator CAROL BROWN</name>
    <name.id>F49</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>My question is to the Minister representing the Prime Minister, Senator Cormann. The Liberal Treasurer of New South Wales has said about GST distribution that 'every Treasurer from every state and territory across the country today is united in our view that, if this legislation is to be passed, there needs to be an amendment to ensure that, in law, no state or territory will be worse off as a result of this change'. Will the Prime Minister listen to every Treasurer from every state and territory and then guarantee, in legislation, that no state or territory will be worse off under the new GST model?</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:01</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>We are actually doing better than that. Our legislation is making sure that every state is better off, not just 'not worse off'. We are addressing a longstanding issue for the great state of Western Australia, which clearly has been on the receiving end of an unfairly low share of the GST into that state. The government has come forward with a plan to address that issue in a way that not only makes the arrangements better and fairer for WA but also leaves every other state better off.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Brown, a supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>15:01</time.stamp>
    <name role="metadata">Senator CAROL BROWN</name>
    <name.id>F49</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>The Liberal Treasurer of South Australia has said: 'We will not support the Commonwealth's legislation, the Commonwealth parliament, unless there is an amendment to put the guarantee in place.' How many members of the coalition party room does the Prime Minister expect to support an amendment to protect the states and territories they represent?</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:02</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>We've got a plan, which we have put forward as a government, that improves GST sharing arrangements for Western Australia in a way that leaves every state better off—</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong on a point of order.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>He may be getting into it, Mr President, and, if so, I apologise. I raise a point of order on direct relevance. The question directly goes to whether the coalition will be supporting an amendment to protect the states and territories.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The minister has 46 seconds remaining. That's sufficient time to come to the question.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
  </talker>
  <para>Our proposal in relation to our plan to improve GST sharing arrangements in a way that leaves every state better off is a matter of public record. Any legislation to implement it, which we have foreshadowed, will of course go through the normal processes of our party, as I would expect them to go through the normal processes of your party.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Brown, a final supplementary question.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>15:03</time.stamp>
    <name role="metadata">Senator CAROL BROWN</name>
    <name.id>F49</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>The Liberal Treasurer of Tasmania has said: 'We believe it is very important that a guarantee be put in place and legislated to ensure that, under any circumstance, the state would be no worse off.' Are the Liberal treasurers of New South Wales, South Australia and Tasmania all wrong?</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:03</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>The first point I would make to Senator Brown is that, on his last visit to Western Australia, Mr Shorten said to the people of Western Australia that he was now on a unity ticket with Mr Morrison, that he was going to put an end to the argy-bargy between Liberal and Labor nationally and that he supported our plan.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Brown on a point of order.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Carol Brown</name>
    <name.id>F49</name.id>
  </talker>
  <para>My point of order is relevance. I asked about the Liberal treasurers of New South Wales, South Australia and Tasmania. It was a very straightforward question and I would appreciate an answer.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The minister has 39 seconds remaining.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
  </talker>
  <para>As I've already indicated to the chamber, we're actually doing one better than what Senator Brown is asking. We're making sure every state is not just 'not worse off', but better off. What we don't think is sensible is to run, in perpetuity, two systems in parallel—to continue to run the old formula at the same time as the new formula—when every state, self-evidently, is going to be better off on our numbers and on the numbers of the states.</para>
<para>I ask that further questions be placed on the <inline font-style="italic">Notice Paper</inline>.</para>
</continue>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>48</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Religious Freedom Review Expert Panel</title>
          <page.no>48</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Order for the Production of Documents</title>
            <page.no>48</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>15:05</time.stamp>
    <name role="metadata">Senator RICE</name>
    <name.id>155410</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I seek leave to move a motion relating to an order for the production of a document, namely the final report of the Religious Freedom Review Expert Panel.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Leave is not granted.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator RICE</name>
    <name.id>155410</name.id>
  </talker>
  <para>Pursuant to contingent notice, and at the request of Senator Di Natale, I move:</para>
<quote><para class="block">That so much of the standing orders be suspended, as would prevent me from moving a motion relating to consideration of a matter, namely a motion relating to an order for the production of a document.</para></quote>
<para>It's interesting that leave hasn't been granted by the Labor Party, I understand? I wonder what deal the Labor Party—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Senator Rice, it was Minister Cormann who denied leave.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator RICE</name>
    <name.id>155410</name.id>
  </talker>
  <para>Okay. Leave has not been granted. What a farce! Just four days ago all 20 recommendations of the Ruddock review were leaked to the media, and yet we, as the Senate, are not able to see this report. In the meantime, of course, we have had the Labor Party and the government moving, backflipping, to reject at least one of the Ruddock review recommendations in that they are now supporting, so we are told, removing the ability for religious schools to be able to discriminate against LGBTIQ students. However, we do not know anything about the rest of the report. There is so much of this report that we need to see. We are told that the Labor Party is potentially supporting the rejection of another of the Ruddock review recommendations, and that's to end the ability for schools to discriminate against LGBTIQ staff. But we still have not seen the report.</para>
<para>How far have we come when, just a month ago, we had our requests for this production of the Ruddock review report rejected twice by Minister Cormann on the grounds that it was not in the public interest? How on earth can it not be in the public interest now? We have had so much that has changed—all of these backflips over the last month. A month ago, when we first moved an order for the production of documents, we were told that we were waiting impatiently for the report to be released by government but nothing was happening. Now, with that leak, with those two OPDs and with the pressure of an impending by-election, we have had these backflips, but still the government has not seen fit to comply with an order for the production of documents to provide the document.</para>
<para>In his response to the previous two OPDs and in his answer to a question by Senator Pratt today, the minister is still insisting: (a) this document should not be released because of cabinet confidentiality; and (b) it's not in the public interest to release it. On the first of those, it doesn't even appear that this document has been to cabinet. The minister is being very tricky in saying that, because the report has been submitted to the government, it is, therefore, a cabinet document. This does not fit the grounds as to what a cabinet document is. It should not be grounds; otherwise, almost any document could be considered to be a document subject to cabinet confidentiality. Second, it's whether releasing it is not in the public interest. Clearly, it is in the public interest now for this document to be released. Where we have got the backflips going on, where we have got a government talking about introducing legislation and where we have got recommendations of this review being rejected by government and the Labor Party, it has to be in the public interest for us to see not just the 20 recommendations that have been leaked to the media but the full body of the Ruddock report.</para>
<para>It is particularly important that we see it before the Wentworth by-election, so the voters of Wentworth know where the government stand and know where they are heading as to whether they want to increase discrimination against lesbian, gay, bisexual, transgender, gender diverse and intersex people. It is important that the community sees this, because we know some of those recommendations that were leaked last Friday are extremely worrying. We need to know the background of those recommendations. There is worrying terminology in recommendations 15 and 16, which recommend amending legislation to protect not just religious belief but also religious activity as a protected attribute in our antidiscrimination law. How far is that being considered? Religious activity could be an awful lot of stuff and include a huge amount of extra discrimination against LGBTI people. Recommendation 20 says that the Commonwealth Attorney-General should take leadership of the issues identified in the report and that consideration should be given to further Commonwealth legislative solutions if required.</para>
<para>We need to see the discussion that is included in this Ruddock review. We need to see the whole report. There are no grounds for the government to be withholding it from the Senate, the Australian community or, in particular, the voters of Wentworth, who are going to the polls on Saturday.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>15:10</time.stamp>
    <name role="metadata">Senator CORMANN</name>
    <name.id>HDA</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I refer to my comments this morning responding to the suspension motion moved by Senator Hinch and explaining why the government is not prepared to support a suspension motion: because it would disrupt the orderly processes of the Senate. There are, of course, appropriate and more efficient avenues available to deal with the proposed motion, and I made some remarks this morning on the substantive issue.</para>
<para>Let me quickly address the issue in relation to cabinet confidentiality. This is a report that was commissioned by the cabinet to inform cabinet deliberations. The cabinet deliberation does not commence at the point that a final recommendation is put in a submission to the cabinet for the cabinet to make a final decision. Cabinet confidentiality and cabinet deliberation commences quite a bit earlier than that. If that wasn't the case, then draft cabinet submissions would be subject to FOI and to orders for the production of documents, but, of course, they're not. This is a document that was commissioned by the cabinet to inform cabinet deliberations. It was received by the government in May. The minister with lead responsibility for putting a recommendation to the cabinet is considering this report as an important input.</para>
<para>Let me make a final point, and it's a very important point. This particular report touches on some sensitive issues in relation to which good Australians have sincerely held and genuine views on both sides of the argument. The way the government is considering this is with a view to bringing Australians together and not dividing them. It is going to be very important for us to respond to this report—as a government, and, ultimately, as a parliament—in a way that is appropriately balanced and that protects against discrimination on a whole range of grounds, including sexual orientation and religious belief. We believe that we need to consider all of the recommendations carefully. The government will release the report in due course, following proper consideration of its recommendations by government through the deliberative processes of cabinet, as I advised the Senate on 20 September, and that remains our position.</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:13</time.stamp>
    <name role="metadata">Senator JACINTA COLLINS</name>
    <name.id>GB6</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>The opposition will not be supporting the motion for the suspension of standing orders today. Unfortunately, we have before us a situation where the Greens have once again sought to use the Senate as a means for their political stunts and not for proper debate. As Senator Cormann highlighted, this is the second time we've been faced with a similar attempt today.</para>
<para>The normal practice for the moving of motions in this place is to give notice one sitting day in advance, and this is for a good reason. This is so that all senators are afforded the chance to consider the detail of what they're being asked to vote on. In this case, the motion was only circulated a few minutes before we got to the matter. That process has not been observed in this case, and there is no reasonable argument for this motion to be rushed through the chamber at this stage of the day with less than one hour's notice. There will, of course, be occasions where motions do need to be moved more urgently, but we do not believe that this is one of those occasions.</para>
<para>I need to put on the record that the Labor Party is very concerned that the government has not released this report, a whole five months after it was received. We question what the government has to hide. We believe that Australians should have the opportunity to consider the full report and not just the selections of it that someone has leaked to date. We have asked for this report to be released time and time again. This motion, if the government responds to it and it's dealt with in a timely fashion through Senate processes, may be the last straw that finally convinces the government to produce the report. It's clear what's happening here. There is no doubt that the Prime Minister, Scott Morrison, is choosing to put his political fortunes front and centre by sitting on the report until the Wentworth by-election this weekend. Mr Morrison knows full well that constituents in the electorate of Wentworth will be very unhappy with what this review appears to contain.</para>
<para>In any case, the opposition respects the procedures of the chamber, and in that context I'll encourage the Greens to observe the proper process: lodge this motion in line with normal Senate practice, and then the opposition can give it the serious consideration that it deserves—tomorrow, for example. Tomorrow we can come into this place and vote, knowing that we have given the motion detailed consideration.</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:16</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>The Centre Alliance won't support the suspension of standing orders, for the same reasons that have been mentioned this morning and by Senator Collins and Senator Cormann. We would support the body of the motion if it were to be lodged in the regular fashion. I do wish, however, to challenge what Minister Cormann has said in relation to his claim over the cabinet documents. He undermines the doctrine itself when he makes a claim which is not warranted over a document. The chamber is not asking for any record of your deliberations in cabinet. That is not what has been asked for. We're asking for a report that was commissioned by the Prime Minister at—I'm just going off the website—</para>
<interjection>
  <talker>
    <name role="metadata">Senator Cormann</name>
    <name.id>HDA</name.id>
  </talker>
  <para>On a point of order, this report was not commissioned by the Prime Minister; it was commissioned by the cabinet. It was a cabinet decision to commission this report.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>That's a debating point.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
  </talker>
  <para>Even if you say that it was commissioned by the cabinet, the doctrine clearly states that the document must be a submission of cabinet. It must at its point of birth have had submission to cabinet as its dominant purpose. Cabinet submissions typically have a particular form. Cabinet guidelines state that they shouldn't be more than about 50 pages. I wonder how many pages this particular document is. It's very clear in law that you cannot just tack a report onto the back of a cabinet submission and have that document attract the protection of the doctrine. In this instance the government has a half report out there, which may not even be fair to Mr Ruddock and his views. What has been put out is disturbing. The best thing I could encourage the government to do, even without the need for a motion to be brought tomorrow, would be to simply table the document in accordance with the original order. Let's resolve the controversy.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>The question is that the motion, as moved by Senator Rice, to suspend standing orders be agreed to.</para>
</interjection>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The Senate divided. [15:22]<br />(The Deputy President—Senator Lines)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>10</num.votes>
                <title>AYES</title>
                <names>
                  <name>Di Natale, R</name>
                  <name>Faruqi, M</name>
                  <name>Hanson-Young, SC</name>
                  <name>Hinch, D</name>
                  <name>McKim, NJ</name>
                  <name>Rice, J</name>
                  <name>Siewert, R (teller)</name>
                  <name>Storer, TR</name>
                  <name>Waters, LJ</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </ayes>
              <noes>
                <num.votes>35</num.votes>
                <title>NOES</title>
                <names>
                  <name>Abetz, E</name>
                  <name>Brockman, S</name>
                  <name>Burston, B</name>
                  <name>Bushby, DC</name>
                  <name>Canavan, MJ</name>
                  <name>Chisholm, A</name>
                  <name>Colbeck, R</name>
                  <name>Cormann, M</name>
                  <name>Dodson, P</name>
                  <name>Duniam, J</name>
                  <name>Fierravanti-Wells, C</name>
                  <name>Gallacher, AM</name>
                  <name>Georgiou, P</name>
                  <name>Griff, S</name>
                  <name>Hanson, P</name>
                  <name>Hume, J</name>
                  <name>Keneally, KK</name>
                  <name>Kitching, K</name>
                  <name>Leyonhjelm, DE</name>
                  <name>Lines, S</name>
                  <name>McAllister, J</name>
                  <name>McCarthy, M</name>
                  <name>McGrath, J</name>
                  <name>McKenzie, B</name>
                  <name>Molan, AJ</name>
                  <name>Moore, CM</name>
                  <name>O'Neill, DM</name>
                  <name>O'Sullivan, B</name>
                  <name>Patrick, RL</name>
                  <name>Smith, DA</name>
                  <name>Smith, DPB</name>
                  <name>Sterle, G</name>
                  <name>Stoker, AJ</name>
                  <name>Watt, M (teller)</name>
                  <name>Williams, JR</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names></names>
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question negatived.</p>
              </body>
            </division.result>
          </division></subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>QUESTIONS WITHOUT NOTICE: TAKE NOTE OF ANSWERS</title>
        <page.no>50</page.no>
        <type>QUESTIONS WITHOUT NOTICE: TAKE NOTE OF ANSWERS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Australian Broadcasting Corporation</title>
          <page.no>50</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:26</time.stamp>
    <name role="metadata">Senator O'NEILL</name>
    <name.id>140651</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate take note of the answer given by the Minister for Communications and the Arts (Senator Fifield) to a question without notice asked by the Leader of the Opposition in the Senate (Senator Wong) today relating to the Australian Broadcasting Corporation.</para></quote>
<para>For those who were here—perhaps you were at question time; perhaps you weren't—Senator Wong asked a series of questions about what's actually going on with the ABC. Sadly, the minister stood up and attempted to give an answer to the senator's questions about political interference with our ABC—it belongs to all of us as Australians, not to the Liberal Party. The Australian Labor Party and many people across this nation who care about the ABC think the minister should not be in that seat anymore; he shouldn't be in that chair. He's not fit to be a minister, based on what's been reported about what he did around the ABC.</para>
<para>Let me take you through a little bit of why we think this minister should resign and why the current Prime Minister, Prime Minister Morrison, should ask him to resign, if the minister won't walk away himself. There was a meeting, which has been reported on the public record now, between Mr Turnbull, Minister Fifield and Justin Milne, who was the chairman of the ABC. We know Mr Milne was chosen by this government. He was recommended to the Governor-General by Minister Fifield himself, and it's on the public record that they said he would do the job well because he was close to the Prime Minister and had a good relationship with the government, and they were very happy about putting him in. Clearly they thought he was quite a capable person. He was able to understand what they were saying. He was able to implement his role as chairman. That's what they said: they said he was the right man for the job.</para>
<para>When things started to get reported in the paper independently of this government—a report by Emma Alberici in particular, and another one by another journalist, Mr Probyn—this government got pretty upset. Now, they've had a good go at the ABC on the way through. Since 2014 they've taken $360 million out of the ABC, when they said there would be no cuts to the ABC. They've cut to such a level that 800 jobs have been lost at our ABC. They think it was okay: 'no cuts to the ABC', and that's what they did. We've seen a drop in Australian content and services. That was under Mr Abbott, but we've got Mr Turnbull in between, right up to his eyeballs in what I'm talking about, and now we've got Mr Morrison, on watch when they cut $83.7 million this year. So this is what's going on with the ABC: it's constantly under attack, under review—over and over again—and the subject of three pieces of legislation to change its charter while this government has been in charge.</para>
<para>Mr Milne got a call from these two—from Prime Minister Turnbull and from this minister—and they basically went hell for leather with Mr Milne, saying to him, 'This is wrong, and you have to get rid of these journalists.' They're standing up in this place and saying: 'No, we didn't say that. Yes, we did have a meeting with Mr Milne'—they accept that. But they continue to deny the nature of their conversation with Mr Milne. But Milne, the smart guy that they put in, knows what was going on and what they said. They basically said to him, 'Go back, sack Alberici and get rid of Probyn.' We know this because Ms Guthrie, who was the CEO of the ABC, was sacked and, in her defence, gave documentation to the board of the ABC. That documentation says the most outrageous things about her conversation with Mr Milne, so we have on the public record in reports that have been published in <inline font-style="italic">The Australian</inline> and in The Conversation, by Michelle Grattan, that this minister and the Prime Minister so intimidated Mr Milne that he went back and had a half-hour conversation with Ms Guthrie and said that she should sack Emma Alberici and she should get rid of Mr Probyn as well—that she should kill him off. They continue to deny this, but these outrageous claims have been put on the record for the board of the Australian Broadcasting Corporation, who are supposed to be standing up for us.</para>
<para>I put to you that the minister's answers were inadequate. He should resign. He is not fit to hold this role. He has intimidated the ABC, he has taken away from the independence of our great institution—our ABC, not the Liberal Party's ABC—and he is severely in breach of the ministerial standards to which he should be held accountable.</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:30</time.stamp>
    <name role="metadata">Senator SESELJA</name>
    <name.id>HZE</name.id>
    <electorate>Australian Capital Territory</electorate>
  </talker>
  <para>What we just heard from Senator O'Neill was based on not one shred of evidence. In fact, the opposite is true. Let's be clear: the very central claim that Senator O'Neill just put, for those who may be listening, did not happen. That is what the secretary of the department found after conducting the review. That report found that there was no request or suggestion by the former Prime Minister or any government minister to terminate the employment of a journalist or ABC staff member. Those are the facts. Senator O'Neill can try to claim that she knows what was said in these meetings that she wasn't in—and that the report found was not said—or that she has some special insight, but there is not one shred of evidence to back it up.</para>
<para>Like most Australians, there are many aspects of the ABC that I enjoy and quite love.</para>
<interjection>
  <talker>
    <name role="metadata">Senator Keneally</name>
    <name.id>LNW</name.id>
  </talker>
  <para>Tell us.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator SESELJA</name>
    <name.id>HZE</name.id>
  </talker>
  <para>I will tell you, Senator Keneally, thank you for your interjection: the cricket in the summer. Who doesn't think that Jim Maxwell as the voice of cricket in Australia is fantastic? I used to like Kerry O'Keeffe as part of the <inline font-style="italic">ABC Grandstand</inline> cricket commentary. I thought he added a certain pizzazz and humour to the commentary.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Chisholm</name>
    <name.id>39801</name.id>
  </talker>
  <para>We could have kept him if you hadn't cut—</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator SESELJA</name>
    <name.id>HZE</name.id>
  </talker>
  <para>We have the interjection from the good senator from Queensland, who says that we could have kept Kerry O'Keeffe if there had been more money coming to the ABC. Unlike the Labor Party and the Greens, we don't believe that the ABC is beyond criticism, but I do enjoy the cricket and rugby league commentary. I think that Andrew Moore and Matty Elliot do a great job. Their back-and-forth on the rugby league coverage is fantastic. I'll often listen to them doing their thing. Locally, we have had some wonderful representatives of the ABC doing local ABC Radio. They continue. We've had in the past Chris Uhlmann here locally before he moved to the national part of the ABC. Good people like Ross Solly and Adam Shirley are currently here in the Canberra market. They do a good job of talking about issues important to their local community. Who in Canberra doesn't love Willow on a Saturday morning doing gardening? Who doesn't love Tim Gavel, the voice of sport in Canberra on the ABC?</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Chisholm</name>
    <name.id>39801</name.id>
  </talker>
  <para>He quit.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator SESELJA</name>
    <name.id>HZE</name.id>
  </talker>
  <para>I don't think we can be blamed for Tim Gavel quitting. He had been there for 30 years and worked seven days a week. I think it was time that Tim Gavel had a rest and a wonderful time with his family, having served the community of Canberra, and sport more broadly in Australia, working for the ABC. I enjoy watching Leigh Sales going toe to toe with politicians and others. Who doesn't like Macca on a Sunday morning?</para>
<para class="italic">Senator Keneally interjecting—</para>
</continue>
<continue>
  <talker>
    <name role="metadata">Senator SESELJA</name>
    <name.id>HZE</name.id>
  </talker>
  <para>Senator Kristina Keneally just put her hand up and indicated that she does not like Macca on a Sunday morning. That is outrageous, but I'm not going to suggest that because you don't like Macca, there is something wrong with your having an opinion about the ABC. Do you know what we don't support? We don't support journalists at the ABC getting their facts wrong. We don't support them when they get their facts wrong, like when you have a journalist who goes out there and talks about company tax cuts, as Emma Alberici did, and makes several clear errors of fact—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Keneally</name>
    <name.id>LNW</name.id>
  </talker>
  <para>Not material!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator SESELJA</name>
    <name.id>HZE</name.id>
  </talker>
  <para>not material—like confusing revenue with profit. Now, I know that the ALP tends to find those sorts of concepts a bit confusing, but there is a difference between the amount of revenue that a company gets and the amount of profit that a company gets. But it is not something that we see as quality journalism. So, whilst I can enjoy <inline font-style="italic">ABC</inline><inline font-style="italic">Grandstand</inline> in the summer, the commentary when it comes to the rugby league, and the amazing performance of so many of our local ABC journalists, there is no doubt that, when those journalists get it wrong, they're not immune from criticism. When you're getting a billion dollars of taxpayers' money every year, we believe it should be criticised.</para>
<para>But I go back to the central claim made by Senator O'Neill, who thinks the ABC should somehow be beyond criticism. There was no request or suggestion from the former Prime Minister or any government minister to terminate the employment of a journalist or an ABC staff member, and nothing the ALP has put forward can contradict— <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>15:35</time.stamp>
    <name role="metadata">Senator CHISHOLM</name>
    <name.id>39801</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>What we saw there from Senator Seselja was what I would call the 'one plus one equals four' defence. Basically, we know that there was a meeting between the Prime Minister, the communications minister and the chair of the ABC, and the chair of the ABC left that meeting and then took the action that he did. We have had not one explanation as to why, after the chair left that meeting, he took the course of action that he did. The senator who spoke before me, Senator Seselja, went nowhere near that. We know Senator Cormann has gone nowhere near that.</para>
<para>This is the first opportunity that we've had in this chamber to ask questions about this debacle, because it has taken place since the last sittings. But I also think we need to look at what this proves, which is how out of touch the government is with the Australian community. We see this with the debate around religious freedom. We've seen it with the debate around climate change and the IPCC report. We also see it with the issue of an independent and robust ABC. We know that the Australian people have a high regard for the ABC. We know that is especially so in regional Australia, where they depend on the ABC not only for news and information but also in emergencies. When there are storms or other events that they need to be aware of, it's the ABC that they rely on. We know that Australians rely on it for music—particularly young people, especially those in regional areas—and, obviously, for news. All Australians have a fondness and a regard for the news services the ABC provides throughout Australia.</para>
<para>There are more expectations of a minister for communications than just being the government person responsible for communications. The Australian public see that minister as the custodian of the ABC. But what they know from the actions of Senator Fifield is that he is not the custodian of the ABC, because his record as minister is one that has allowed the constant undermining, the constant cuts, the political interference and the politicising of the board appointment process. Since I was elected, we've also seen the legitimising of attacks on the ABC, particularly from the crossbench—because this minister has been prepared to do deals with the crossbench that undermine the authority of the ABC. When this is your record, it's no wonder that the ABC has ended up where it has. So the government can't wash their hands of this and say, 'Well, that was the board,' and 'That was the managing director.' They are responsible for the culture created and for what clearly became a poisonous relationship between the former chair and the former managing director. That all flourished under this government because of the reasons that I've outlined: years of cuts, years of political interference and years of political pressure.</para>
<para>It's really disappointing that, at the first opportunity that we've had to ask a question of the minister—and I think Senator O'Neill put this really well, saying it was basically intimidation that led to the ABC chair acting the way he did—Senator Fifield refused to tell the Senate what he and the former Prime Minister said to the chair, who has recently resigned, that gave him the clear impression that the ABC's funding support was at risk. We need to know what happened in that meeting that led the chair to take the actions that he did.</para>
<para>When the government said that the secretary of the department would look at this, Labor said at the time that we didn't have confidence that that review would have the ability to get to the bottom of that issue. The fact that that report came out this morning, before the first question time since it happened, would indicate that that is the case. So, whilst I have great respect for Mr Mrdak as the secretary of the department, I don't think that the public have any confidence, and we in the opposition certainly don't have confidence, that that was a thorough review. It shed no light as to why the former chair acted so recklessly following his meeting with the minister and his mate the former Prime Minister.</para>
<para>The obvious answer is that there needs to be a full and open public inquiry so that we can get a full account as to why there was so much dysfunction with the chair and the former managing director at the ABC. The public need to have confidence that the ABC is going to operate effectively into the future. Until these answers have been given, we don't see how they can operate effectively under the current scenario. I think Senator Wong was correct in calling for the minister to stand down, because it is clear from what has happened so far that he is incapable of providing honest answers as to what has gone on in the ABC, and the Australian public deserve so much more.</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:40</time.stamp>
    <name role="metadata">Senator WILLIAMS</name>
    <name.id>I0V</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I will contribute to this debate on the motion moved by Senator O'Neill about questions in relation to the ABC. There has certainly been a domestic in the ABC. I have been a big fan of the ABC for decades, from back in the sixties, when television first started in the country town where I lived, Jamestown, South Australia—Senator Ruston would be familiar with the spot. The only channel you could get a decent weather report on was the ABC, and nothing changed for many, many years. The seven o'clock news at night gave the clearest weather report, whether it be graziers alerts, rain on the way, dry weather, harvest time—you name it.</para>
<interjection>
  <talker>
    <name role="metadata">Senator Jacinta Collins</name>
    <name.id>GB6</name.id>
  </talker>
  <para>Was it accurate?</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator WILLIAMS</name>
    <name.id>I0V</name.id>
  </talker>
  <para>Of course it was accurate! I shouldn't pay any attention to interjections, should I, Madam Deputy President? It was a good report. That's why I liked the ABC, because it really gave attention to rural Australia. It's the same these days: I walk down to my kitchen every morning and the radio goes on to ABC Tamworth, where we listen to Kelly Fuller—Caitlin Furlong filling in at the moment—and many others, with the local news, the weather reports and the stock market with Mike Pritchard. They do a great service. They have a big budget each year: about a billion dollars. I have many friends in this building who have worked for the ABC, Sabra Lane, Lucy Barbour, Anna Henderson, Stephen Dziedzic et cetera, who do their job very well.</para>
<para>When it comes to the accusations and the political football being thrown around now about who blamed who, who was responsible for the managing director resigning, who was responsible for the chairman of the board, Mr Milne, resigning, and who caused all the troubles, I don't know. I see it as a dispute within the ABC. There are accusations that the minister and the former Prime Minister were involved. Claims that the government sought to undermine the ABC's independence through budgets, reviews and board appointments are without basis. The legislation provides for an independent nomination panel process to be initiated for each board vacancy. This has occurred on each occasion—it's as simple as that. All appointments have followed the legislative requirements. Decisions have been taken by cabinet and appointments made by the federal executive council. On Thursday, 11 October, the Minister for Communications received the report from the inquiry undertaken by the Secretary of the Department of Communications and the Arts. This report states that both the former chair and the former managing director advised the inquiry:</para>
<quote><para class="block">… there was no request or suggestion by the former Prime Minister or any Government Minister to terminate the employment of a journalist or ABC staff member.</para></quote>
<para>It's well worth noting that the report says that.</para>
<para>With more than $1 billion in taxpayer funding every year, the ABC enjoys greater funding certainty than any other media organisation in Australia. How true that is! They've got a billion-dollar budget. Have a look at the competition in the private sector, with the amalgamations, cost cutting et cetera, and the job losses of other networks trying to compete—a pretty tough industry, the media these days. But, as I said, I'm a big fan of the ABC. The government will apply an indexation clause to the operational basis funding of the Australian Broadcasting Corporation over the next triennium funding period, from July 2019 to June 2022. They, like any other business, have to be efficient with their money, cut their costs and not waste taxpayers' money. I'm sure they do their best at that, but, of course, you can always do better.</para>
<para>On 12 September, the former chair, Justin Milne, advised the minister for communications that the board no longer believed the managing director was best placed to lead the organisation. That was the chairman's position at the time and how he informed the minister. The minister for communications, Senator Fifield, said:</para>
<quote><para class="block">I indicated to the chair that I respected the managing director's position was, under the legislation, a matter for the board.</para></quote>
<para>On 23 September, the former chair advised the minister that the board had just met and resolved to terminate the tenure of the managing director effective the following morning. The minister for communications advised the Prime Minister shortly afterwards. So, on 24 September, the minister issued a statement reiterating the board's independence in deciding to end Ms Guthrie's tenure, a decision by the board. So, with the accusations going here, the political football keeps being kicked around. On 26 September, following reports about the former chair's involvement with staffing matters, the minister met with the Prime Minister to undertake an inquiry to establish the facts, to be headed by the secretary of the department of communications. On 27 September the chair resigned, and so it goes on. But the main thing is that the ABC keeps doing its job. It'll be kicked around as a football. No doubt Senate estimates will have plenty of questions, and we'll see how that eventuates.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>15:45</time.stamp>
    <name role="metadata">Senator KENEALLY</name>
    <name.id>LNW</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I rise to take part in this take-note debate on the question Senator Wong asked of Senator Fifield. The senator did ask about the tenor of the meeting. In fact, she asked about the specific words that were said by the Prime Minister—then Malcolm Turnbull—and the minister for communications, Minister Fifield, that prompted Mr Milne to feel that he could press the managing director of the ABC to sack journalists. Now, the minister artfully dodged the question and refused to answer. We heard a lot of blather but we didn't get much context. Surely Mr Milne did not just dream up the idea that he could pick up the phone and order the sacking of Mr Andrew Probyn or Ms Emma Alberici—that he could just write these things in an email and direct them to the management. Surely he must have felt he needed to act on the instructions of the minister and the then Prime Minister, Mr Turnbull.</para>
<para>But this minister does have a great deal of form when it comes to interfering in the ABC. He did try to give a commitment in September 2017, when he said: 'I give all colleagues a guarantee that the government won't support anything that is to the detriment of the ABC.' Well, since that time, the minister has sought to interfere in the ABC in quite significant ways. First, of course, we have the competitive neutrality review. It sounds all so very nice and benign. Actually, it is the deal he did with One Nation to secure their support for the government. He agreed to have a competitive neutrality review. This is not some benign, no-impact review. In fact, it was described in the <inline font-style="italic">Australian Financial Review</inline> on 15 August 2017 as 'a deal for the biggest assault on the ABC's independence in decades'. That's how the <inline font-style="italic">Australian Financial Review</inline> described Minister Fifield's deal with One Nation for a competitive neutrality review into the ABC.</para>
<para>Of course, Minister Fifield this year alone has found many occasions to complain directly to ABC management, not to the board. He feels it is well within his purview as minister to pick up the phone or shoot off an email when he sees something on his screens he doesn't like. First, in January, it was over the date of the Hottest 100. Believe it or not, the minister thought that the moving of the Hottest 100 was somehow politically motivated by the ABC, and he felt he needed to complain. In February, it was the Emma Alberici corporate tax articles. These, of course, were the subject of great complaint by the minister and by the Prime Minister. The ABC conducted a review and decided that there were no material errors in her report and, in fact, the great transgression, if I may use that word, was that she veered from editorial into opinion. That was fixed. The articles were reposted and life has carried on. In March, the minister complained about the <inline font-style="italic">Tonightly</inline> sketch. In April he complained about a comedy sketch by <inline font-style="italic">Black Comedy </inline>on the ABC Indigenous Facebook page. And then, again, he was back in May, complaining about Emma Alberici and an innovation story. The complaints review at the ABC found that there was no problem with the article besides a minor issue, and it was nothing that would merit the sacking of a journalist.</para>
<para>But this is how the minister has chosen to go about his role as minister for communications: in response to Senator Wong's question today the minister said, 'I in no way, shape or form sought to influence employment matters at the ABC and I never would.' That is completely not true. In October or November 2016, the minister sought to insert himself into the enterprise bargaining deal the ABC were seeking to strike with their staff. In fact, <inline font-style="italic">The Australian</inline> said that the minister questioned how the ABC could agree to a deal 'particularly in circumstances where the ABC is facing a number of competing priorities,' and that they are offering benefits which are 'significantly more generous than those adopted by any other Australian government body'. That is how the minister thinks of the ABC—as if it is an Australian government body. It is not. It is an independent media organisation. It is not a state broadcaster; it is a public broadcaster. And it is clear from what we saw in question time today that the minister for communications does not understand that distinction.</para>
<para>Question agreed to.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Asylum Seekers</title>
          <page.no>55</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:51</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate take note of the answer given by the Minister for Small and Family Business, Skills and Vocational Education (Senator Cash) to a question without notice asked by Senator McKim today relating to asylum seeker children on Nauru.</para></quote>
<para>There is a humanitarian calamity underway in Australia's offshore detention centres on both Manus Island and Nauru. In the last five years, we've seen widespread physical abuse. We've seen assaults. We've seen sexual assaults, including of children. We've seen suicides. We've seen widespread self-harm. Right now on Nauru we have children in catatonic states who are refusing to eat or drink and are actually withdrawing from the world. And we have seen the deliberate destruction of hope for the future of thousands of innocent people. We've seen people killed and we've seen others deported back into the hands of the governments and countries which persecuted them. We've seen the Papua New Guinean navy storm the Manus Island detention centre at Lombrun, firing over 100 rounds from machine guns and shotguns into that compound, including into the sleeping quarters of that compound. Last week Medecins Sans Frontieres were booted off Nauru by the Nauruan government. And now there is a complete lack of medical care for Australia's refugees and political prisoners, just as there is a complete lack of appropriate medical care for Australia's refugees and political prisoners on Manus Island and in Port Moresby.</para>
<para>But, instead of dealing with this humanitarian calamity, the government simply doubles down on its policies of cruelty. And once again there has been no meaningful objection to any of this from the Australian Labor Party, who, let us not forget, put the overwhelming majority of the people who are currently on Manus Island and Nauru into those locations in the first place. Put simply, Australia is running a systematic regime of child abuse on Nauru. Australia is running a systematic regime of torture of innocent men, women and children on both Manus Island and Nauru.</para>
<para>If this were happening in Australia, every single member of this Senate would be jumping up and down, demanding that the perpetrators be brought to justice, be charged with abuse—in some cases, child abuse—and be sent to prison for many years. But, because of the cruel, horrendous policy lock step between the LNP and the ALP in this parliament, this tragic situation continues to exist. If this were happening in Australia, none of us would be sitting on our hands. None of us would be claiming that this is okay. We would be up in arms, and rightfully so. It is absolutely staggering that this parliament has to debate whether or not to save the lives of children that are deliberately being abused by our government. It is a staggering, horrible and disgusting state of affairs that we find ourselves in in this parliament, thanks to the ALP and the LNP.</para>
<para>Well, I'm here to tell the people of Australia today that there will one day be a reckoning. People will be held to account for what is happening in Papua New Guinea and Nauru to innocent people who exercised their rights under a convention, the refugee convention, to which Australia is a signatory. You will all be held to account one day for your actions and for your cruelty, and history will show how you voted every single time that you voted in lock step to maintain this horrendous regime of torture and child abuse. <inline font-style="italic">(Time expired)</inline></para>
<para>Question agreed to.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>CONDOLENCES</title>
        <page.no>55</page.no>
        <type>CONDOLENCES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Cunningham, Mr Barry Thomas</title>
          <page.no>55</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:56</time.stamp>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
    <electorate></electorate>
  </talker>
  <para>It is with deep regret that I inform the Senate of the death on 12 September 2018 of Barry Thomas Cunningham, a member of the House of Representatives for the division of McMillan, Victoria, from 1980 to 1990 and from 1993 to 1996.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>NOTICES</title>
        <page.no>55</page.no>
        <type>NOTICES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Presentation</title>
          <page.no>55</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:57</time.stamp>
    <name role="metadata">Senator WONG</name>
    <name.id>00AOU</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I give notice that on the next day of sitting I shall move a motion relating to the review into religious freedoms in Australia and pertaining to the introduction of legislation to abolish the current exemptions that discriminate against LGBTIQ students and staff in religious schools.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Presentation</title>
          <page.no>55</page.no>
        </subdebateinfo></subdebate.1></debate>
    <debate><debateinfo>
        <title>BUSINESS</title>
        <page.no>62</page.no>
        <type>BUSINESS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Leave of Absence</title>
          <page.no>62</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:57</time.stamp>
    <name role="metadata">Senator URQUHART</name>
    <name.id>231199</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>by leave—I move:</para>
<quote><para class="block">That leave of absence be granted to Senator Polley from 15 to 18 October 2018, on account of parliamentary business.</para></quote>
<para>Question agreed to.</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:58</time.stamp>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>by leave—I move:</para>
<quote><para class="block">That leave of absence be granted to Senator Steele-John from today, 15 October, to Thursday, 18 October, for personal reasons.</para></quote>
<para>Question agreed to.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>NOTICES</title>
        <page.no>62</page.no>
        <type>NOTICES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Postponement</title>
          <page.no>62</page.no>
        </subdebateinfo></subdebate.1></debate>
    <debate><debateinfo>
        <title>COMMITTEES</title>
        <page.no>63</page.no>
        <type>COMMITTEES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Reporting Date</title>
          <page.no>63</page.no>
        </subdebateinfo></subdebate.1></debate>
    <debate><debateinfo>
        <title>MOTIONS</title>
        <page.no>63</page.no>
        <type>MOTIONS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Invictus Games</title>
          <page.no>63</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:59</time.stamp>
    <name role="metadata">Senator URQUHART</name>
    <name.id>231199</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I wish to inform the chamber that Senators McKenzie and Payne will also sponsor this motion. At the request of Senators Bilyk, Brown, Farrell, McKenzie and Payne, I move:</para>
<quote><para class="block">That the Senate:</para></quote>
<quote><para class="block">(a) notes that:</para></quote>
<quote><para class="block">   (i) Veterans' Health Week 2018 was held from 22 September to 30 September 2018 with a theme of Nutrition, following last year's theme of Physical Activity,</para></quote>
<quote><para class="block">   (ii) the Invictus Games, which use the power of sport to inspire recovery, support rehabilitation and generate a wider understanding and respect for wounded, injured and sick servicemen and women, will this year be held in Sydney from 20 October to 27 October 2018, and</para></quote>
<quote><para class="block">   (iii) this high-level sporting event will host some of the world's elite athletes, at the same time highlighting some of the difficulties faced and sacrifices made by men and women who have served their country; and</para></quote>
<quote><para class="block">(b) congratulates all athletes selected to represent Australia at the 2018 Games and conveys its best wishes for their success in and enjoyment of the competition.</para></quote>
</speech>
<speech>
  <talker>
    <time.stamp>16:00</time.stamp>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Leave is granted for one minute.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
  </talker>
  <para>In a few days time, 500 athletes from 18 nations, including 72 Australians, will compete in individual and team sports, including archery, athletics, indoor rowing, road cycling, sitting volleyball, swimming, wheelchair basketball, wheelchair rugby and many more, at the Invictus Games. The Invictus Games uses the power of sport to inspire recovery, support rehabilitation and generate a wider understanding and respect for wounded, injured and ill active service members and veterans. The games are an opportunity to honour the service and sacrifice of the men and women who defend our freedoms and values. Australians can be proud of our team.</para>
<para>Question agreed to.</para>
</continue>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>International Pregnancy and Infant Loss Remembrance Day</title>
          <page.no>63</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:01</time.stamp>
    <name role="metadata">Senator KENEALLY</name>
    <name.id>LNW</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I, and also on behalf of Senators McCarthy, Rice, Molan, Gichuhi and Bilyk, move:</para>
<quote><para class="block">That the Senate—</para></quote>
<quote><para class="block">(a) notes that:</para></quote>
<quote><para class="block">   (i) today marks International Pregnancy and Infant Loss Remembrance Day,</para></quote>
<quote><para class="block">   (ii) on this day, parents, families and friends will memorialise babies they have lost through miscarriage, stillbirth and infant death, and</para></quote>
<quote><para class="block">   (iii) Pregnancy and Infant Loss Remembrance Day is an opportunity to officially acknowledge the losses experienced by parents and families across Australia;</para></quote>
<quote><para class="block">(b) acknowledges that in Australia:</para></quote>
<quote><para class="block">   (i) it is estimated that one in four pregnancies result in miscarriage – that is 103 000 every year,</para></quote>
<quote><para class="block">   (ii) in 2016, 2 849 lives were lost due to stillbirth or newborn death,</para></quote>
<quote><para class="block">   (iii) despite medical advancements, the stillbirth rate has not changed in two decades,</para></quote>
<quote><para class="block">   (iv) the rate of stillbirth and newborn death is 70 per cent higher in Aboriginal and Torres Strait Islander peoples, and</para></quote>
<quote><para class="block">   (v) Pregnancy and Infant Loss Remembrance Day is an opportunity to raise awareness of this difficult reality and start a conversation about miscarriage and infant loss;</para></quote>
<quote><para class="block">(c) expresses sympathy to all families who have suffered a miscarriage, a stillbirth or infant death; and</para></quote>
<quote><para class="block">(d) commends each and every person who has supported parents and families through their journey from the loss of a baby.</para></quote>
</speech>
<speech>
  <talker>
    <time.stamp>16:01</time.stamp>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>One minute, thank you, Senator Ruston.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
  </talker>
  <para>The coalition government is committed to supporting those affected by pregnancy and infant loss and to improving infant and maternal health outcomes. Since coming into government we have invested $11.8 million in perinatal bereavement and depression peer support services. In the 2018-19 budget we committed $77.9 million to improve infant and maternal health, including programs to reduce the risks of stillborn and neonatal death; $20 million for Mackenzie's Mission, a reproductive genetic screening trial for debilitating birth disorders that can lead to infant loss, including spinal muscular atrophy, fragile X syndrome and cystic fibrosis; and $17.5 million for the Maternal Health and First 2000 Days program.</para>
<para>Question agreed to.</para>
</continue>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>NOTICES</title>
        <page.no>64</page.no>
        <type>NOTICES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Withdrawal</title>
          <page.no>64</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:02</time.stamp>
    <name role="metadata">Senator GRIFF</name>
    <name.id>76760</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I withdraw general business notice of motion No. 1099 standing in my name for today relating to human rights in Tibet.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>BILLS</title>
        <page.no>64</page.no>
        <type>BILLS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>A Fair Go for Australians in Trade Bill 2018</title>
          <page.no>64</page.no>
        </subdebateinfo><subdebate.text>
          <body xmlns:pic="http://schemas.openxmlformats.org/drawingml/2006/picture" xmlns:wp="http://schemas.openxmlformats.org/drawingml/2006/wordprocessingDrawing" xmlns:aml="http://schemas.microsoft.com/aml/2001/core" xmlns:wx="http://schemas.microsoft.com/office/word/2003/auxHint" style="" xmlns:r="http://schemas.openxmlformats.org/officeDocument/2006/relationships" xmlns:v="urn:schemas-microsoft-com:vml" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" xmlns:w="http://schemas.openxmlformats.org/wordprocessingml/2006/main" xmlns:w10="urn:schemas-microsoft-com:office:word" background="">
            <a href="s1146" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">A Fair Go for Australians in Trade Bill 2018</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>First Reading</title>
            <page.no>64</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:03</time.stamp>
    <name role="metadata">Senator URQUHART</name>
    <name.id>231199</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>At the request of Senator Carr, I move:</para>
<quote><para class="block">That the following bill be introduced: a Bill for an Act to give Australian workers a fair go in trade agreements and to fix the way the Commonwealth negotiates them, and for related purposes.</para></quote>
<para>Question agreed to.</para>
<continue>
  <talker>
    <name role="metadata">Senator URQUHART</name>
    <name.id>231199</name.id>
  </talker>
  <para>I present the bill and move:</para>
<quote><para class="block">That this bill may proceed without formalities and be now read a first time.</para></quote>
<para>Question agreed to.</para>
<para>Bill read a first time.</para>
</continue>
</speech>
</subdebate.2><subdebate.2><subdebateinfo>
            <title>Second Reading</title>
            <page.no>64</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:04</time.stamp>
    <name role="metadata">Senator URQUHART</name>
    <name.id>231199</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That this bill be now read a second time.</para></quote>
<para>I seek leave to table an explanatory memorandum relating to the bill.</para>
<para>Leave granted.</para>
<continue>
  <talker>
    <name role="metadata">Senator URQUHART</name>
    <name.id>231199</name.id>
  </talker>
  <para>I table an explanatory memorandum and I seek leave to have Senator Carr's second reading speech incorporated in <inline font-style="italic">Hansard</inline>.</para>
<para>Leave granted.</para>
<para class="italic"> <inline font-style="italic">The speech read as follows—</inline></para>
<quote><para class="block">No one doubts that trade is essential to the prosperity of this country.</para></quote>
<quote><para class="block">The Centre for International Economics estimates that one in five Australian jobs is linked to trade.</para></quote>
<quote><para class="block">That means 2.2 million Australians work in a trade-related job.</para></quote>
<quote><para class="block">67 per cent of mining jobs and 41 per cent of manufacturing jobs are trade-related.</para></quote>
<quote><para class="block">Because trade is so vital, we must ensure that any trade agreements we negotiate with other nations do not disadvantage Australians.</para></quote>
<quote><para class="block">In seeking to gain access to new markets, we must not surrender the rights of Australian workers and those who depend on them.</para></quote>
<quote><para class="block">We must take no action that limits the ability of Australia's national government to make policy and to legislate.</para></quote>
<quote><para class="block">To do so would effectively undermine Australian sovereignty.</para></quote>
<quote><para class="block">For these reasons, the way Australia negotiates trade agreements needs to change.</para></quote>
<quote><para class="block">Many people are sceptical about the value of existing trade agreements, and about the proposed Comprehensive and Progressive Agreement for Trans-Pacific Partnership, known as TPP11.</para></quote>
<quote><para class="block">Many people believe that the way we negotiate free trade agreements must be made more transparent.</para></quote>
<quote><para class="block">Labor agrees with them.</para></quote>
<quote><para class="block">This government continues to trade away labour-market testing in the agreements it negotiates.</para></quote>
<quote><para class="block">It also includes Investor-State Dispute Settlement (ISDS) mechanisms, regardless of the growing opposition to them, in Australia and overseas.</para></quote>
<quote><para class="block">The government's attitude is not acceptable.</para></quote>
<quote><para class="block">That is why I have brought this bill before the Senate.</para></quote>
<quote><para class="block">The bill will provide a fairer, more transparent approach to the negotiation of trade agreements.</para></quote>
<quote><para class="block">And that will lead to better outcomes.</para></quote>
<quote><para class="block">The bill prohibits the waiver of labour market testing in trade agreements.</para></quote>
<quote><para class="block">The policy of Coalition governments has been that labour-market testing is required before a foreign worker can be employed in Australia, unless an international obligation applies.</para></quote>
<quote><para class="block">That policy has allowed the government to use trade agreements to waive requirements for an employer to first check if an Australian can do a job before bringing in a worker on a skilled visa.</para></quote>
<quote><para class="block">An employer who wants to bring a plumber, mechanic, electrician or other skilled worker from overseas into Australia, should first check whether there is an Australian who can do the job.</para></quote>
<quote><para class="block">That is basic justice.</para></quote>
<quote><para class="block">Trade agreements should not trade away Australian jobs.</para></quote>
<quote><para class="block">The bill also prohibits the government from signing trade agreements that include Investor-State Dispute Settlement provisions.</para></quote>
<quote><para class="block">These provisions provide foreign corporations with the right to sue the Commonwealth for legitimate policy decisions taken by the government.</para></quote>
<quote><para class="block">That surrender of sovereignty would rightly be viewed as outrageous by most Australians.</para></quote>
<quote><para class="block">The bill therefore makes clear that Investor-State Dispute Settlement provisions should not be included in Australian trade agreements or bilateral investment treaties.</para></quote>
<quote><para class="block">The bill makes it mandatory for governments to enforce, in all future trade agreements, practical and theoretical testing of the skills of foreign workers.</para></quote>
<quote><para class="block">To get better outcomes from trade agreements and to ensure proper consultation and scrutiny of trade agreements, the bill provides for the establishment of an Accredited Trade Advisers program.</para></quote>
<quote><para class="block">The Minister would consult with Accredited Advisers from unions, civil society groups and industry.</para></quote>
<quote><para class="block">The Accredited Advisers will be able to provide feedback on trade agreements as they are being negotiated.</para></quote>
<quote><para class="block">The bill also requires the Minister to commission an Independent National Interest Assessment of each agreement.</para></quote>
<quote><para class="block">This assessment would provide independent analysis of the economic, strategic and social impacts of a trade agreement. These social impacts include, but are not limited to, an agreement's impact on workers, the environment and gender.</para></quote>
<quote><para class="block">This analysis would have to be tabled before an agreement is signed.</para></quote>
<quote><para class="block">The bill legislates a number of policies that Labor has already announced, and which a Shorten Labor government would implement.</para></quote>
<quote><para class="block">In addition to these measures that require legislation, we have also announced that a Shorten Labor government will end the secrecy surrounding trade negotiations.</para></quote>
<quote><para class="block">To do this we will strengthen the role of the Parliament and provide the public with more information.</para></quote>
<quote><para class="block">At the conclusion of each round of negotiation, members of the Joint Standing Committee on Treaties will be provided with a briefing and a public update will be released.</para></quote>
<quote><para class="block">Where feasible, a draft of the negotiated text will be tabled in the Parliament.</para></quote>
<quote><para class="block">In addition, members of the JSCoT will be provided with the government's Statement of Objectives for negotiations, for examination and report prior to the commencement of formal negotiations.</para></quote>
<quote><para class="block">4 This will give the Parliament, industry, civil society and the wider community an opportunity to tell us what they want out of trade agreements.</para></quote>
<quote><para class="block">It is possible that the government could sign new trade agreements between now and the election scheduled for next year.</para></quote>
<quote><para class="block">Any trade agreements signed by the government in the next few months are unlikely to come before the Parliament before the next election.</para></quote>
<quote><para class="block">That is because the Joint Standing Committee on Treaties requires 20 joint sitting days to consider trade agreements before it reports and enabling legislation can be introduced.</para></quote>
<quote><para class="block">However, if between now and the election the government does sign a new trade agreement that includes an ISDS clause or waives labour-market testing, a Shorten Labor government would renegotiate that agreement.</para></quote>
<quote><para class="block">We would remove those clauses before bringing legislation before the Parliament.</para></quote>
<quote><para class="block">The bill also prohibits the Government from signing trade agreements that require the privatisation of any public services, as trade agreements should not affect these services.</para></quote>
<quote><para class="block">And, the bill prohibits the Government from signing agreements that would undermine the Pharmaceutical Benefits Scheme, so we can ensure that all Australians have the best access to life saving medicines.</para></quote>
<quote><para class="block">This bill prohibits the Government from signing any trade agreements that would undermine our anti-dumping laws.</para></quote>
<quote><para class="block">Dumping is not trade, it's cheating. It's why strong anti-dumping laws are so important.</para></quote>
<quote><para class="block">The bill also prohibits the Government from signing trade agreements that would limit the right of the Commonwealth to regulate in the interest of public welfare or in relation to safe products including stopping the importation of unsafe products.</para></quote>
<quote><para class="block">The bill prohibits the Government from signing any trade agreement that includes procurement provisions that would restrict our ability to:</para></quote>
<quote><para class="block">(a) protect Australia's essential security interests; or</para></quote>
<quote><para class="block">(b) 5benefit local small and medium enterprises; or</para></quote>
<quote><para class="block">(c) protect national treasures; or</para></quote>
<quote><para class="block">(d) implement measures for the health, welfare and economic and social advancement of Indigenous people; or</para></quote>
<quote><para class="block">(e) promote ethical standards and sustainable development though ethical procurement; or</para></quote>
<quote><para class="block">(f) provide for the full, fair and reasonable participation of local enterprises in government contracts as outlined in Commonwealth, State and Territory industry participation policies and successor programs and policies; or</para></quote>
<quote><para class="block">(g) maintain the Australian industry capability programs and its successor programs and policies.</para></quote>
<quote><para class="block">High quality trade agreements should also lead to better working conditions and labour standards, not worse.</para></quote>
<quote><para class="block">That's why this bill also requires the Australian Government to include in all bilateral trade agreements a labour chapter with internationally recognised labour principles.</para></quote>
<quote><para class="block">The Bill also sets out that the Australian Government should seek to include a labour chapter in any regional or multilateral trade agreement it signs.</para></quote>
<quote><para class="block">Labor will be announcing other measures before the end of the year to:</para></quote>
<list>protect local jobs and communities from the negative impacts of agreements entered into by Liberal Governments;</list>
<list>ensure temporary visas and temporary visa workers are not exploited;</list>
<list>ensure that Government procurement and projects support local jobs.</list>
<quote><para class="block">Labor will not abandon Australian workers or surrender Australian sovereignty, as the Abbott-Turnbull-Morrison governments have done.</para></quote>
<quote><para class="block">Labor understands that there can be no prosperity without justice for all.</para></quote>
<quote><para class="block">That understanding will always guide the trade policy of a Labor government.</para></quote>
</continue>
<continue>
  <talker>
    <name role="metadata">Senator URQUHART</name>
    <name.id>231199</name.id>
  </talker>
  <para>I seek leave to continue my remarks later.</para>
<para>Leave granted; debate adjourned.</para>
</continue>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>NOTICES</title>
        <page.no>66</page.no>
        <type>NOTICES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Withdrawal</title>
          <page.no>66</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:04</time.stamp>
    <name role="metadata">Senator BUSHBY</name>
    <name.id>HLL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>On behalf of Senator Duniam, I ask that notice of motion No. 1100 be withdrawn.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>66</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Royal Commission into Aboriginal Deaths in Custody</title>
          <page.no>66</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Order for the Production of Documents</title>
            <page.no>66</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:05</time.stamp>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I seek leave to amend general business notice of motion No. 1104, standing in my name for today, concerning an order for the production of documents relating to the Royal Commission into Aboriginal Deaths in Custody.</para>
<para>Leave granted.</para>
<continue>
  <talker>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
  </talker>
  <para>I move the motion as amended:</para>
<quote><para class="block">That there be laid on the table by the Minister for Indigenous Affairs, by 10 am on Wednesday, 24 October 2018, any reviews or reports relating to the implementation of the recommendations made by the Royal Commission into Aboriginal Deaths in Custody.</para></quote>
<para>Question agreed to.</para>
</continue>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>MOTIONS</title>
        <page.no>67</page.no>
        <type>MOTIONS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Palestinian Liberation Organization</title>
          <page.no>67</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:06</time.stamp>
    <name role="metadata">Senator BERNARDI</name>
    <name.id>G0D</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I ask that general business notice of motion No. 1073 standing in my name for today, relating to the Palestinian Liberation Organization, be taken as a formal motion.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Is there any objection to this motion being taken as formal?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Jacinta Collins</name>
    <name.id>GB6</name.id>
  </talker>
  <para>Yes.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>There is an objection.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BERNARDI</name>
    <name.id>G0D</name.id>
  </talker>
  <para>In lieu of suspending the standing orders, I seek leave to make a brief statement for one minute.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Leave is granted for one minute.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BERNARDI</name>
    <name.id>G0D</name.id>
  </talker>
  <para>To say I'm disappointed that formality has been denied under what has been explained to me as being a complex foreign affairs matter beggars belief. This motion doesn't relate to a nation state. It doesn't relate to foreign affairs matters at all. It relates to the funding of an organisation that has direct and tangible links and history with terrorism. It relates to the decision of the American government, in which they have withdrawn funding for this organisation because it is not committed to a peaceful solution. I understand that the objection from some in this chamber is because it would cause some difficulties with their own politics. But you cannot deny the factual nature of what has been presented. I would ask the Senate to once again reconsider and have the courage of your convictions. Vote against the truth if that's what you want to do, but do not deny the truth from being spoken.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>16:07</time.stamp>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Leave it granted for one minute.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
  </talker>
  <para>Senator Bernardi, Australia is a longstanding and strong supporter of the two-state solution to the Israel-Palestine conflict. We urge all parties to return to negotiations towards an enduring peace. Australia does not provide development assistance to the Palestinian Liberation Organization. Australia remains committed to delivering aid to vulnerable Palestinians, including through the United Nations Relief and Works Agency for Palestine Refugees in the Near East. This support is a demonstration of the government's longstanding commitment to a two-state solution where Israel and a future Palestinian state exist side by side in peace and security, within internationally recognised borders.</para>
</continue>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Australian Society</title>
          <page.no>67</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:08</time.stamp>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate acknowledges:</para></quote>
<quote><para class="block">(a) the deplorable rise of anti-white racism and attacks on Western civilisation; and</para></quote>
<quote><para class="block">(b) that it is okay to be white.</para></quote>
<para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Leave is granted for one minute.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
  </talker>
  <para>I hope that the Senate does the reasonable thing today by supporting this motion. Anyone who pays attention to the news or spends any time on social media has to acknowledge that there has been a rise in anti-white racism and a rise in attacks on the very ideals of Western civilisation. I would also hope the Senate does the right thing and acknowledges that it is indeed okay to be white. Such a simple sentence should go without saying, but I suspect many members in this place would struggle to say it. People have a right to be proud of their cultural background, whether they are black, white or brindle. If we can't agree on this, I think it's safe to say anti-white racism is well and truly rife in our society.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>16:09</time.stamp>
    <name role="metadata">Senator HINCH</name>
    <name.id>2O4</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Leave is granted for one minute.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator HINCH</name>
    <name.id>2O4</name.id>
  </talker>
  <para>With the federal election looming, I'm starting to think that Senator Hanson and her former colleague Senator Anning are now locked in a race to see who can be the biggest, loudest racist bigot in their contest to see who can get to the bottom of the sewer first. That's what this obscene motion is all about. It could have been written on a piece of toilet paper, which reminds me of that old story about a toilet cleaner. People were nicknamed 'Harpic', because they were clean around the bend.</para>
<para>There are all sorts of things behind this latest stunt by Senator Hanson. She's using this chamber as a conduit for her headline grabbing stunts—just remember the burqa. Senator Hanson knows that this motion will not pass, so she even pre-empted the Senate during the last session when this didn't get up. Senator Hanson tweeted a very clever line—dreamed up by, I imagine, a giggling cohort in the backroom—about 'It's okay to be white' and then went public with it before most of the senators in this chamber had even heard about it. She tweeted it and went on <inline font-style="italic">Sky News</inline> that night and published it before it was even tabled here in the Senate. I would say that this sort of racism is not only wrong, it could be dangerous— <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>16:11</time.stamp>
    <name role="metadata">Senator ANNING</name>
    <name.id>273829</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Leave is not granted.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>16:11</time.stamp>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I seek leave to make a very short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Leave is not granted.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>16:11</time.stamp>
    <name role="metadata">Senator DI NATALE</name>
    <name.id>53369</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Leave is granted for one minute.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator DI NATALE</name>
    <name.id>53369</name.id>
  </talker>
  <para>It's not just okay to be white in Australia; it's actually a ticket to winning the lotto. Just look around this chamber and see how many faces that aren't white. Have a look at the privileged positions of Australian society, people who occupy the seats of the rich and powerful. How many of them are not white? Last time I checked it's the privileged white Anglo community who are the ones occupying the seats of influence.</para>
<para>The reality is the 'It's okay to be white' slogan has got a long history in the white supremacist movement, where both these clowns get most of their material from. You know what it's not okay to be in this country? It's not okay to be Aboriginal, because you're more likely to die younger or to be locked up. It's not okay to be an African person, because you're more likely to experience racism. It's not okay to be a Muslim, because you're more likely to be subject to—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Senator Di Natale, please resume your seat. Senator Hanson.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Hanson</name>
    <name.id>BK6</name.id>
  </talker>
  <para>On a point of order: I object to being referred to in that regard by these people on other side and the reference about where we get our information from. So his comments were out of place.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Senator Hanson, there's no point of order.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator DI NATALE</name>
    <name.id>53369</name.id>
  </talker>
  <para>The reality is that this does nothing other than foster more division and hatred in our community. It's got no place in the Australian parliament— <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>16:13</time.stamp>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I seek leave to make a very short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Leave is granted for 30 seconds.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
  </talker>
  <para>The government condemns all forms of racism.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>The question is that general business notice of motion No. 1092 standing in the name of Senator Hanson be agreed to.</para>
</interjection>
</speech>
<division>
          <division.header>
            <body>
              <p class="HPS-DivisionPreamble">The Senate divided. [16:18]<br />(The Deputy President—Senator Lines)</p>
            </body>
          </division.header>
          <division.data>
            <ayes>
              <num.votes>28</num.votes>
              <title>AYES</title>
              <names>
                <name>Abetz, E</name>
                <name>Anning, F</name>
                <name>Bernardi, C</name>
                <name>Birmingham, SJ</name>
                <name>Brockman, S</name>
                <name>Bushby, DC (teller)</name>
                <name>Canavan, MJ</name>
                <name>Cash, MC</name>
                <name>Colbeck, R</name>
                <name>Duniam, J</name>
                <name>Fierravanti-Wells, C</name>
                <name>Fifield, MP</name>
                <name>Georgiou, P</name>
                <name>Gichuhi, LM</name>
                <name>Hanson, P</name>
                <name>Hume, J</name>
                <name>Leyonhjelm, DE</name>
                <name>McGrath, J</name>
                <name>McKenzie, B</name>
                <name>Molan, AJ</name>
                <name>O'Sullivan, B</name>
                <name>Reynolds, L</name>
                <name>Ruston, A</name>
                <name>Scullion, NG</name>
                <name>Seselja, Z</name>
                <name>Smith, DA</name>
                <name>Stoker, AJ</name>
                <name>Williams, JR</name>
              </names>
            </ayes>
            <noes>
              <num.votes>31</num.votes>
              <title>NOES</title>
              <names>
                <name>Bilyk, CL</name>
                <name>Brown, CL</name>
                <name>Cameron, DN</name>
                <name>Carr, KJ</name>
                <name>Chisholm, A</name>
                <name>Collins, JMA</name>
                <name>Di Natale, R</name>
                <name>Farrell, D</name>
                <name>Faruqi, M</name>
                <name>Gallacher, AM</name>
                <name>Griff, S</name>
                <name>Hanson-Young, SC</name>
                <name>Hinch, D</name>
                <name>Keneally, KK</name>
                <name>Ketter, CR</name>
                <name>Kitching, K</name>
                <name>McCarthy, M</name>
                <name>McKim, NJ</name>
                <name>Moore, CM</name>
                <name>O'Neill, DM</name>
                <name>Patrick, RL</name>
                <name>Rice, J</name>
                <name>Siewert, R</name>
                <name>Singh, LM</name>
                <name>Smith, DPB</name>
                <name>Sterle, G</name>
                <name>Storer, TR</name>
                <name>Urquhart, AE (teller)</name>
                <name>Waters, LJ</name>
                <name>Watt, M</name>
                <name>Whish-Wilson, PS</name>
              </names>
            </noes>
            <pairs>
              <num.votes>7</num.votes>
              <title>PAIRS</title>
              <names>
                <name>Cormann, M</name>
                <name>Wong, P</name>
                <name>Macdonald, ID</name>
                <name>Dodson, P</name>
                <name>Martin, S.L</name>
                <name>McAllister, J</name>
                <name>Paterson, J</name>
                <name>Steele-John, J</name>
                <name>Payne, MA</name>
                <name>Marshall, GM</name>
                <name>Pratt, LC</name>
                <name>Fawcett, DJ</name>
                <name>Sinodinos, A</name>
                <name>Polley, </name>
              </names>
            </pairs>
          </division.data>
          <division.result>
            <body>
              <p class="HPS-DivisionFooter">Question negatived.</p>
            </body>
          </division.result>
        </division></subdebate.1><subdebate.1><subdebateinfo>
          <title>Adani Mining</title>
          <page.no>69</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:20</time.stamp>
    <name role="metadata">Senator WATERS</name>
    <name.id>192970</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate—</para></quote>
<quote><para class="block">(a) notes that:</para></quote>
<quote><para class="block">   (i) Adani Mining, as part of the Adani Group, is currently being investigated by the Department of the Environment and Energy for potential breach of the <inline font-style="italic">Environment Protection and Biodiversity Conservation Act 1999</inline> (EPBC Act) Carmichael Mine approval conditions, for alleged unlawful clearing of vegetation and sinking of groundwater dewatering bores, and</para></quote>
<quote><para class="block">   (ii) Adani Infrastructure, as part of the Adani Group, has applied for EPBC Act approval for a pipeline to bring water to the mine site for washing of the coal; and</para></quote>
<quote><para class="block">(b) calls on the Minister for the Environment, or her delegate, to not make a decision on the pipeline application until the results of the investigation and subsequent decision on whether to take enforcement action into the alleged mine site breaches has concluded.</para></quote>
</speech>
<speech>
  <talker>
    <time.stamp>16:21</time.stamp>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Leave is granted for one minuted.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
  </talker>
  <para>The Department of the Environment and Energy is making inquiries in relation to allegations that Adani has breached its approval conditions. The department is working cooperatively with Adani and the Queensland government in relation to the North Galilee Water Scheme. The project has been referred under the EPBC Act and will be assessed in accordance with that act.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>The question is that general business notice of motion No. 1106 standing in the name of Senator Waters be agreed to.</para>
</interjection>
</speech>
<division>
          <division.header>
            <body>
              <p class="HPS-DivisionPreamble">The Senate divided. [16:26]<br />(The Deputy President—Senator Lines)</p>
            </body>
          </division.header>
          <division.data>
            <ayes>
              <num.votes>30</num.votes>
              <title>AYES</title>
              <names>
                <name>Bilyk, CL</name>
                <name>Brown, CL</name>
                <name>Cameron, DN</name>
                <name>Carr, KJ</name>
                <name>Chisholm, A</name>
                <name>Collins, JMA</name>
                <name>Di Natale, R</name>
                <name>Farrell, D</name>
                <name>Faruqi, M</name>
                <name>Gallacher, AM</name>
                <name>Griff, S</name>
                <name>Hanson-Young, SC</name>
                <name>Keneally, KK</name>
                <name>Ketter, CR</name>
                <name>Kitching, K</name>
                <name>McAllister, J</name>
                <name>McCarthy, M</name>
                <name>McKim, NJ</name>
                <name>Moore, CM</name>
                <name>O'Neill, DM</name>
                <name>Patrick, RL</name>
                <name>Rice, J</name>
                <name>Siewert, R</name>
                <name>Singh, LM</name>
                <name>Smith, DPB</name>
                <name>Sterle, G</name>
                <name>Storer, TR</name>
                <name>Urquhart, AE (teller)</name>
                <name>Waters, LJ</name>
                <name>Whish-Wilson, PS</name>
              </names>
            </ayes>
            <noes>
              <num.votes>29</num.votes>
              <title>NOES</title>
              <names>
                <name>Abetz, E</name>
                <name>Anning, F</name>
                <name>Bernardi, C</name>
                <name>Birmingham, SJ</name>
                <name>Brockman, S</name>
                <name>Bushby, DC (teller)</name>
                <name>Canavan, MJ</name>
                <name>Cash, MC</name>
                <name>Colbeck, R</name>
                <name>Duniam, J</name>
                <name>Fierravanti-Wells, C</name>
                <name>Fifield, MP</name>
                <name>Georgiou, P</name>
                <name>Gichuhi, LM</name>
                <name>Hanson, P</name>
                <name>Hinch, D</name>
                <name>Hume, J</name>
                <name>Leyonhjelm, DE</name>
                <name>McGrath, J</name>
                <name>McKenzie, B</name>
                <name>Molan, AJ</name>
                <name>O'Sullivan, B</name>
                <name>Reynolds, L</name>
                <name>Ruston, A</name>
                <name>Scullion, NG</name>
                <name>Seselja, Z</name>
                <name>Smith, DA</name>
                <name>Stoker, AJ</name>
                <name>Williams, JR</name>
              </names>
            </noes>
            <pairs>
              <num.votes>7</num.votes>
              <title>PAIRS</title>
              <names>
                <name>Dodson, P</name>
                <name>Macdonald, ID</name>
                <name>Marshall, GM</name>
                <name>Payne, MA</name>
                <name>Polley, H</name>
                <name>Sinodinos, A</name>
                <name>Pratt, LC</name>
                <name>Fawcett, DJ</name>
                <name>Steele-John, J</name>
                <name>Paterson, J</name>
                <name>Watt, M</name>
                <name>Martin, S.L</name>
                <name>Wong, P</name>
                <name>Cormann, </name>
              </names>
            </pairs>
          </division.data>
          <division.result>
            <body>
              <p class="HPS-DivisionFooter">Question agreed to.</p>
            </body>
          </division.result>
        </division><speech>
  <talker>
    <time.stamp>16:28</time.stamp>
    <name role="metadata">Senator WILLIAMS</name>
    <name.id>I0V</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Deputy President, I have a point of order. Earlier on Senator Di Natale sought leave to speak for one minute. I was in my office watching and, during that time, he referred to 'where both of these clowns get most of their material from', referring to senators in this place. You ruled there was no point of order. I'm asking you to revisit that decision. I believe it is unparliamentary for a senator to refer to others in here as 'clowns'. I ask you to ask that Senator Di Natale withdraw those comments.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Senator Williams, I will check whether you can actually raise a point of order after the event. They are usually taken at the time. I stand by the ruling I made at the time.</para>
</interjection>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Genetically Modified Organisms</title>
          <page.no>70</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:30</time.stamp>
    <name role="metadata">Senator RICE</name>
    <name.id>155410</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate—</para></quote>
<quote><para class="block">(a) notes that:</para></quote>
<quote><para class="block">   (i) the Office of the Gene Technology Regulator (OGTR) has recommended, in draft amendments, that organisms that have been altered by SDN-1 techniques (site directed nuclease techniques without a repair template) not be considered as genetically modified organisms (GMOs) for the purposes of the <inline font-style="italic">Gene Technology Act 2000</inline>,</para></quote>
<quote><para class="block">   (ii) if this recommendation is adopted, traceability of SDN-1 altered organisms will not be required,</para></quote>
<quote><para class="block">   (iii) SDN-1 altered organisms will be considered as GMOs within the European Union as a consequence of a recent European Court of Justice ruling,</para></quote>
<quote><para class="block">   (iv) the European Union has zero tolerance for unapproved GMOs and the presence of unapproved GMOs in any food product, and therefore traceability for all food imports into the European Union will be required,</para></quote>
<quote><para class="block">   (v) a failure to regulate SDN-1 technologies and their presence in the Australian food supply chain could, therefore, potentially jeopardise billions of dollars of agricultural exports to the European Union, and</para></quote>
<quote><para class="block">   (vi) adopting the recommendations of the OGTR and removing traceability for SDN-1 techniques could also undermine the state-based moratoriums in place in South Australia and Tasmania on GMOs; and</para></quote>
<quote><para class="block">(b) calls on the ministerial members of the Legislative and Governance Forum on Gene Technology to delay any consideration of the recommendations of the OGTR until the impact of this amendment on the sustainability of Australian agricultural exports and our state and territory GMO moratoriums can be clarified.</para></quote>
</speech>
<speech>
  <talker>
    <time.stamp>16:30</time.stamp>
    <name role="metadata">Senator CHISHOLM</name>
    <name.id>39801</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I seek leave to make a short statement.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Leave is granted for one minute.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator CHISHOLM</name>
    <name.id>39801</name.id>
  </talker>
  <para>This dysfunctional government has not explained the proposed changes to Labor or the parliament. Labor has now requested a briefing from the government. In the meantime, Labor will support this motion, which calls for further consideration of the impact of the proposed changes. In doing so, we seek clarification from the Australian Greens on this issue. In January 2016, shortly after he became Greens leader, Senator Di Natale announced that the Greens had embraced science and now supported GMOs; then Greens Senator Lee Rhiannon protested by making a financial donation to anti-GM activist group Gene Ethics; and now Senator Rice also seems to be contradicting her leader, with this motion critical of GMOs. Senator Rice, do the Greens agree with Senator Di Natale or former Senator Rhiannon?</para>
<para>Question agreed to.</para>
</continue>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>MATTERS OF PUBLIC IMPORTANCE</title>
        <page.no>71</page.no>
        <type>MATTERS OF PUBLIC IMPORTANCE</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Trade</title>
          <page.no>71</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:31</time.stamp>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
    <electorate></electorate>
  </talker>
  <para>I inform the Senate that, at 8.30 am today, 11 proposals were received in accordance with standing order 75. The question of which proposal would be submitted to the Senate was determined by lot. As a result, I inform the Senate that the following letter has been received from Senator Hanson:</para>
<quote><para class="block">Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:</para></quote>
<quote><para class="block">The failure of the Government and the Opposition to protect Australian workers from the negative impact of international trade agreements.</para></quote>
<para>Is the proposal supported? I believe the proposal's not supported. I remind the Senate that four senators are required, and there were not four senators supporting. We only had three standing. We will now move to consideration of documents.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>71</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Aged Care Complaints Commissioner</title>
          <page.no>71</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Consideration</title>
            <page.no>71</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:33</time.stamp>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate take note of the document.</para></quote>
<para>I want to take note of the Aged Care Complaints Commissioner's<inline font-style="italic"> Annual report 2017-18</inline>. I know this has been in the media, but I want to point out that there has been a significant increase in the number of complaints to the Aged Care Complaints Commissioner, from 4,711 to 5,779. The predominant number of these complaints, 75 per cent, were about residential care, with 18 per cent about home care packages and seven per cent about the Commonwealth Home Support Program.</para>
<para>One of the issues that I wanted to point out here and bring to people's attention is that these complaints about home care have increased from the previous year. This is important because the amount of home care that is being provided is increasing. People are staying at home longer. They have more complex needs that need to be addressed at home. So it doesn't surprise me that the complaints have gone up, particularly when you look at why people are complaining about home care. The most common issues complained about with home care—and I'll come to waiting lists in a minute—were fees and charges; lack of consultation and communication; and communication about fees and charges. In other words, complaints around fees and charges took up a large percentage of the claims.</para>
<para>I was talking to somebody who is accessing home care on behalf of their parent. Thirty-eight per cent of the amount they were being charged was for fees and charges. One line was for administration and the rest was for management and management advice. It is outrageous that it would be 38 per cent of the cost of a home care package—something that people wait so long for. When we look at the complaints about the Commonwealth Home Support Programme, the largest number of complaints are about fees and charges. The government has refused to put a cap on fees and charges for home care packages—or, for that matter, for the Commonwealth Home Support Programme, which has been attracting concerns around fees for some time. But in terms of the home care packages, it is about time that the government agreed to put caps on the amount that providers can take for fees and charges. It is simply outrageous that it can be 38 per cent of a hard-won home care package. Where we're going to see more and more complexity of care, it is simply outrageous that providers can charge up to 38 per cent in fees and charges. When I mentioned this to somebody else, they told me that they'd seen up to 45 per cent of someone's home care package being charged.</para>
<para>Then we can look at the waiting list. Over the parliamentary break, we saw just how big it is. Once the government had finally released the waiting list for home care packages, not only did we see that that had increased but we also got a glimpse of how long people have been waiting for home care packages. They are waiting far too long for home care packages. The number of people on the list that are waiting for these packages is simply far too high, when you consider that a lot of people are having to hang around on level 1 and level 2 care packages and not receive the care that they need according to their level of acuity. People are receiving care that is below their needs at levels 1 and 2.</para>
<para>When we turn to residential care, one of the other issues that people were complaining about was staffing numbers. I was talking to the Queensland nurses' union last week and they were telling me of a study that they've done that showed that people need 4.3 hours of daily contact to receive appropriate care. Obviously, to do that, we need to increase the number of staff on the floor at any one time and we need to make sure that those staff have the proper skills and qualifications to provide the care that's needed. Now, we are way below that 4.3, and I'm not very surprised that we're seeing so many complaints. I seek leave to continue my remarks.</para>
<para>Leave granted; debate adjourned.</para>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>72</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Consideration</title>
          <page.no>72</page.no>
        </subdebateinfo></subdebate.1></debate>
    <debate><debateinfo>
        <title>COMMITTEES</title>
        <page.no>72</page.no>
        <type>COMMITTEES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Joint Standing Committee on Electoral Matters</title>
          <page.no>72</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Report</title>
            <page.no>72</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:41</time.stamp>
    <name role="metadata">Senator McGRATH</name>
    <name.id>217241</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I present the second advisory report of the Joint Standing Committee on Electoral Matters on the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017, and I move:</para>
<para>That the Senate take note of the report.</para>
<para>The government approached the Joint Standing Committee on Electoral Matters to seek its views on proposed amendments to the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017. I am pleased that the government gave the committee the opportunity to review its proposed amendments to the bill. This bill prohibits the use of foreign donations to influence voting in federal elections. It is vitally important that Australians have confidence that foreign entities are not influencing the course of Australian democracy.</para>
<para>The government has worked constructively with JSCEM, sharing its proposals with the committee to facilitate scrutiny of the changes and to enable wide consultation with the public on the proposed reforms. Indeed, JSCEM has considered the matter three times, including an initial inquiry that considered the general issue of foreign donations, which reported in March 2017; an inquiry into the bill in its original form, which reported in April 2018; and then the current inquiry into the proposed government amendments to the bill, which we are reporting on today.</para>
<para>As chair I have appreciated the collaborative approach of JSCEM members during this inquiry and I recognise the work that has been invested in the preceding two inquiries in support of a goal that a foreign political donation ban must apply to all relevant electoral expenditure. I also appreciate the extensive input into the committee's deliberations from charities, academic institutions, think tanks and various non-government organisations with an interest in public affairs. In the committee's report tabled in April there were 15 recommendations. The minister responded positively to these proposals last month, sharing a draft of specific legislative amendments to address the majority of those recommendations that require a legislative response.</para>
<para>The minister's response to our last report also explained the government's plans for advancing the remaining proposals that need administrative action or warrant inclusion in other reforms—for instance, recommendation 14 dealing with breach of DGR obligations. In its proposed amendments the government has addressed all prior recommendations relating to reducing the compliance burdens for political actors. I highlight four changes in particular. The amendments establish a single transparency register on which key political actors are required to report electoral expenditure and large gifts. Most importantly, the new definitions ensure that pure issue advocacy is not treated in the same way as campaign activity. The new terms 'electoral matter' and 'electoral expenditure' will capture only activity that is aimed at influencing how people vote in a federal election. The new general anti-avoidance provisions are a welcome, simplified replacement for more-specific provisions while still protecting national sovereignty, voter transparency and democratic freedoms. Another important simplification is revision of penalty provisions, making them more proportionate to the scale of the breaches.</para>
<para>The government's draft recommendations go further than the committee's recommendations in two areas, to minimise red tape without compromising the bill's core policy objectives. First, in evidence submitted to the committee's inquiry, representatives from the not-for-profit sector indicated that there has been widespread inadvertent noncompliance with longstanding disclosure obligations in the sector. To assist these third parties with the transition to the bill's new requirements, the amendments provide statutory forgiveness for historical noncompliance. Second, the committee recommended that the bill include anti-avoidance rules dealing with the movement of funds through other organisations or jurisdictions. In responding to that earlier JSCEM proposal, the government proposed changes that would ensure that the Commonwealth laws apply to donations that may be spent on federal elections.</para>
<para>Of particular relevance, the committee took evidence about complications that arose from the Awabdy case, which was decided in the Queensland courts earlier this year. The court case found that there can be a concurrent overlap between the laws of different jurisdictions. If the government had not proposed amendments, there would be confusion for regulated entities. Such ambiguity would increase the regulatory compliance burden for affected entities. The committee heard evidence from legal experts in constitutional law about drafting amendments to clarify which laws apply when. Professor Anne Twomey suggested that there was a drafting flaw in the amendments. But if that issue was addressed, then the rule to prevent state and territory laws from regulating donations for federal elections would be considered valid and appropriate. As Professor Twomey said:</para>
<quote><para class="block">These provisions need to be altered to ensure that the Commonwealth law does not purport to override the State law where the donation concerned is used for the purpose of State electoral expenditure. Certainly, if it is used for Commonwealth electoral expenditure, then the Commonwealth law should prevail over the State law.</para></quote>
<para>This view is endorsed in recommendation 10 of the committee report, which proposes an adjustment of the rule on the interaction of laws to safeguard the legitimate interests of states and territories in regulating donations within their jurisdictions.</para>
<para>The opposition has flagged in its dissenting report that the Commonwealth law should not interfere with legitimate state legislation. However, I would note that this principle ought to work in both directions, as it would be inappropriate for state and territory law to regulate donations that are used for federal elections. I would hope that appropriate adjustments can be made to the government's amendments to ensure that Commonwealth law applies to donations for federal elections while state and territory laws apply to donations for state and territory elections. I don't think the opposition is far apart from the committee's recommendation 10. I would encourage the opposition to engage positively with the government on the detail of the relevant amendments after the government has reconsidered the wording. Just as this bill would ensure that only those with a meaningful connection to Australia are able to fund Australian political activity, it is also appropriate to ensure that only the laws of the Commonwealth apply to the regulation of donations made for the purposes of a federal election.</para>
<para>The committee made a number of other constructive suggestions with cross-party support. I expect that the government will consider these on the same positive basis that it considered the proposals in our earlier report. These important reforms are necessary to support the integrity of Australia's electoral system and ensure that Commonwealth electoral laws keep pace with international developments.</para>
</speech>
<speech>
  <talker>
    <time.stamp>16:48</time.stamp>
    <name role="metadata">Senator WATERS</name>
    <name.id>192970</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I rise to speak on the JSCEM report on the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017. This is a very clever bill, because the government is selling it as a bill that's meant to restrict the impact of foreign money on our political system but in fact it does that very poorly. What it does very well is restrict the ability of charities and not-for-profits to undertake advocacy work to reform our system and to work for public interest outcomes and the social good of us all. So this is yet another exercise by the government where they're pretending to do something when in fact they're continuing their attack on the not-for-profit sector, which has been going on for several years now in various guises under countless different Prime Ministers. So we take great umbrage at the government's purporting to try to clean up the influence of money on our political system when they have completely left alone the issue of corporate influence over our democracy and the hundreds of millions of dollars that they and the opposition have taken from corporate donors, particularly in the last decade. This is a fig leaf of a bill that's just designed to keep attacking the charity sector, which has been resisting the clampdowns on civil society that this government has been promulgating since it's been in office.</para>
<para>The other sting in the tail of this bill, and in this report pertaining to the bill, was a new little bit the government snuck in that the committee didn't take any evidence on and it allows the Commonwealth to override state government donation laws. We're finally seeing some state governments start to tighten up the rules around how big money influences state politics. We have seen good restrictions brought in, thanks in part to the Greens, to stop donations from property developers and other large vested interests. We have finally seen the Queensland government, under threat from the Greens in the recent state election, bring in restrictions on property developers making donations. But this Commonwealth bill would override those restrictions. It is drafted very deliberately. If a donor doesn't say their donation is specifically for the state election then, hey presto, it just so happens that it can be used in any way that that political party deems okay, which is a back-door way of getting around those state restrictions.</para>
<para>This is not a drafting error; it is a deliberate attempt by this government to facilitate corporate dollars flowing into its own pockets—and, frankly, into the pockets of the opposition as well. This is a dirty deal to allow those corporate dollars to keep flowing into the coffers of the major parties. Thankfully, the opposition have decided that they don't like this part of the bill either. I flag that I will be moving amendments to remove this bit from the bill entirely. You can't have a bill that you say is about restricting the influence of foreign money on politics, and at the same time remove from your state governments the restrictions on dirty money influencing politics. It is sheer hypocrisy. So I hope we will get support from the opposition on those amendments. I think the government should think long and hard about whether they even bring this bill on for a vote this week because, frankly, it looks like it is going down—which I would celebrate, because we don't need another attack on the charity sector.</para>
<para>What we do need is genuine reform of the political donation system so that our democracy starts working for people. At the moment, it is working for vested interests, for corporate lobbyists, and for the people these folk go to fancy lunches with. Since 2010, we in the Greens have been moving to clean up politics and end the corporate donations from vested interests like big mining, property developers, and the tobacco, gambling and alcohol industries. All sorts of influence is peddled through those vested interests' donations. They get access that nobody else gets. The community doesn't get that sort of access to Parliament House. You have to have a lobbyist's pass and some dollars that you're prepared to donate to the political parties. You then get access and, hey presto, you get a decision that suits your bottom line.</para>
<para>Our democracy shouldn't be for sale. We are meant to be here to represent the public interest, the interests of people and the interests of our future—and, frankly, the interests of our planet. But this government has been completely hijacked by corporate interests. They don't even know what they stand for any more. They are being puppeteered by big corporates and big business who have made generous donations to both sides of politics to buy the outcomes that they want. It is disgusting and it deserves to be cleaned up. We have been moving to try to clean up the system, and there is growing discontent among the public that their democracy doesn't work for them.</para>
<para>When we see this sort of access and influence by big corporates and big business is it any wonder that people now hold politicians in very low regard? It is about time we started remembering who we are here to represent. It is about time we passed some of those measures to clean up our democracy, to ban those dirty donations from vested interests and to tighten up the lobbying rules—and stop the revolving door between ministers, frontbenchers and staff and big industry lobbying groups once they leave parliament. You can literally track it: they go back and forth, give or take a couple of years. It is an immense conflict of interest that has corrupted our system.</para>
<para>We will not stop trying to clean up politics. We think parliament is meant to work for people and the planet. We don't think you should be able to buy the outcomes that suit your bottom line. That is definitely not how democracy is meant to work. Unfortunately, that is how it works at the moment. This bill does nothing to change that. It is an attack on the not-for-profit sector. It doesn't actually stop the influence of foreign money. It pretends to, but they can actually keep donating through Australian subsidiaries. So it doesn't even achieve the stated purpose. It is a thinly disguised attack on charities to silence them and to put a shroud of uncertainty over the rules that they will now have to comply with if they venture into issue based advocacy.</para>
<para>We know this government can't stand advocacy, and it has been trying for many years now to restrict not-for-profits' undertaking any advocacy work. They're now saying, 'You'll have to comply with a whole range of red tape.' I thought they didn't like red tape; it turns out they like red tape for the folk whose opinions they disagree with. It puts a whole lot of red tape on charities which will have the effect of silencing those small organisations that can't afford the legal advice to tell them what the rules are meant to mean. It is drafted in a deliberately confusing manner to have precisely that effect, and that's shameful. The government needs to fix up that drafting if it wants to have any semblance of integrity. Hey, I'm an eternal optimist, but I won't be waiting for that.</para>
<para>Question agreed to.</para>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>BILLS</title>
        <page.no>75</page.no>
        <type>BILLS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Telecommunications Legislation Amendment Bill 2018</title>
          <page.no>75</page.no>
        </subdebateinfo><subdebate.text>
          <body xmlns:pic="http://schemas.openxmlformats.org/drawingml/2006/picture" xmlns:wp="http://schemas.openxmlformats.org/drawingml/2006/wordprocessingDrawing" xmlns:aml="http://schemas.microsoft.com/aml/2001/core" xmlns:wx="http://schemas.microsoft.com/office/word/2003/auxHint" style="" xmlns:r="http://schemas.openxmlformats.org/officeDocument/2006/relationships" xmlns:v="urn:schemas-microsoft-com:vml" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" xmlns:w="http://schemas.openxmlformats.org/wordprocessingml/2006/main" xmlns:w10="urn:schemas-microsoft-com:office:word" background="">
            <a href="s1131" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Telecommunications Legislation Amendment Bill 2018</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>Explanatory Memorandum</title>
            <page.no>75</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:55</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I table a replacement explanatory memorandum relating to the Telecommunications Legislation Amendment Bill 2018. The memorandum responds to matters raised by the Environment and Communications Legislation Committee.</para>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>QUESTIONS WITHOUT NOTICE: ADDITIONAL ANSWERS</title>
        <page.no>75</page.no>
        <type>QUESTIONS WITHOUT NOTICE: ADDITIONAL ANSWERS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Minister for Home Affairs</title>
          <page.no>75</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:56</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I table a response from Senator Cormann to a question taken on notice during question time on 20 September 2018, asked by Senator Watt, relating to the matter of responses to the Legal and Constitutional References Committee inquiry into allegations concerning the inappropriate exercise of ministerial powers, with respect to the visa status of au pairs, and related matters, and I seek leave to have the answer incorporated into <inline font-style="italic">Hansard</inline>.</para>
<para>Leave granted.</para>
<para> <inline font-style="italic">The </inline> <inline font-style="italic">answer</inline> <inline font-style="italic"> read as follows—</inline></para>
<quote><para class="block">Dear Mr President</para></quote>
<quote><para class="block">I write with regard to a question I took on notice from Senator Watt on Thursday, 20 September 2018 on the matter of responses to the Senate Standing Committee on Legal and Constitutional Affairs References Committee inquiry into <inline font-style="italic">Allegations concerning the inappropriate exercise of ministerial powers, with respect to the visa status of au pairs, and related matters.</inline></para></quote>
<quote><para class="block">I am advised that on Wednesday 5 September 2018, officials from the Department of Home Affairs (the Department) attended a three-hour public hearing of the Committee. A total of 27 Questions on Notice (QoN) with multiple subparts were received by the Department in relation to the inquiry. Of these, 24 QoNs resulted from the Department's attendance at the public hearing, with a further three QoNs received by the Department on Wednesday 12 September, Monday 17 September, and Tuesday 18 September.</para></quote>
<quote><para class="block">On Tuesday 11 September, the Department provided responses to the Senate Committee regarding the QoNs that resulted from the Public Hearing on 5 September, including an interim response to QoN IEMP/022 entitled "DLO emails". The interim response indicated that the request for information was being actioned, noting that due regard was being given to the privacy of individuals, names and contact details of Australian Public Service staff referenced in the emails.</para></quote>
<quote><para class="block">On Wednesday 19 September (at 8:46AM), the Department provided a finalised response to the Senate Committee to QoN IEMP/022. This response included all information and departmental records — including emails — from the department official relating to the so-called 'Brisbane' and 'Adelaide' cases. This totalled 167 pages of redacted Departmental records and correspondence.</para></quote>
<quote><para class="block">I therefore reject Senator Watt's assertion that the Department acted disrespectfully towards the Committee or the Senate. I believe that the Department answerts3 the Committee's questions appropriately given their complex and sensitive nature, and that therefore there is no reason for the Secretary of the Department of Prime Minister and Cabinet to pursue this matter.</para></quote>
<quote><para class="block">I have copied his letter to the Minister for Home Affairs and Senator Watt.</para></quote>
<quote><para class="block">Kind regards</para></quote>
<quote><para class="block">From the Minister for Finance and the Public Service, Senator The Hon Mathias Cormann</para></quote>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>COMMITTEES</title>
        <page.no>76</page.no>
        <type>COMMITTEES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Electoral Matters Committee, Privileges Committee</title>
          <page.no>76</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Membership</title>
            <page.no>76</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:56</time.stamp>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>e68</name.id>
    <electorate></electorate>
  </talker>
  <para>The President has received letters requesting changes in the membership of various committees.</para>
</speech>
<speech>
  <talker>
    <time.stamp>16:56</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>by leave—I move:</para>
<quote><para class="block">That senators be discharged from and appointed to committees, as follows:</para></quote>
<quote><para class="block">Electoral Matters—Joint Standing Committee—</para></quote>
<quote><para class="block">On 30 October 2018—</para></quote>
<quote><para class="block">Discharged—Senator Waters</para></quote>
<quote><para class="block">Appointed—Senator Steele-John</para></quote>
<quote><para class="block">On 1 November 2018—</para></quote>
<quote><para class="block">Discharged—Senator Steele-John</para></quote>
<quote><para class="block">Appointed—Senator Waters</para></quote>
<quote><para class="block">Privileges—Standing Committee—</para></quote>
<quote><para class="block">Discharged—Senator Kitching</para></quote>
<quote><para class="block">Appointed—Senator O’Neill</para></quote>
<para>Question agreed to.</para>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>BILLS</title>
        <page.no>76</page.no>
        <type>BILLS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Treasury Laws Amendment (Tax Integrity and Other Measures) Bill 2018</title>
          <page.no>76</page.no>
        </subdebateinfo><subdebate.text>
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            <a href="r6092" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Treasury Laws Amendment (Tax Integrity and Other Measures) Bill 2018</span>
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            </a>
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            <title>Returned from the House of Representatives</title>
            <page.no>76</page.no>
          </subdebateinfo></subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>COMMITTEES</title>
        <page.no>76</page.no>
        <type>COMMITTEES</type>
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          <title>Royal Commission into Institutional Responses to Child Sexual Abuse</title>
          <page.no>76</page.no>
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            <title>Membership</title>
            <page.no>76</page.no>
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          <title>Corporations and Financial Services Committee</title>
          <page.no>76</page.no>
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            <title>Reporting Date</title>
            <page.no>76</page.no>
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    <debate><debateinfo>
        <title>BILLS</title>
        <page.no>76</page.no>
        <type>BILLS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Assent</title>
          <page.no>76</page.no>
        </subdebateinfo></subdebate.1><subdebate.1><subdebateinfo>
          <title>Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018, Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018</title>
          <page.no>77</page.no>
        </subdebateinfo><subdebate.text>
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            <p>
              <a href="r6165" type="Bill">
                <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                  <span class="HPS-SubDebate">Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018</span>
                </p>
              </a>
            </p>
            <a href="r6166" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018</span>
              </p>
            </a>
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        </subdebate.text><subdebate.2><subdebateinfo>
            <title>Second Reading</title>
            <page.no>77</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:59</time.stamp>
    <name role="metadata">Senator WHISH-WILSON</name>
    <name.id>195565</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>In the last few minutes left of my speech, I'd like to summarise for the chamber that the Trans-Pacific Partnership agreement, an agreement that has taken nearly 13 years to get to this parliament, has come to symbolise just about everything that is wrong with a globalised, neoliberal, trickle-down approach to our economies, to our societies and to our communities. It was triggered by the GFC and the collapse of the multilateral Doha rounds. It was initiated by big corporations, nearly 300 of them, who pushed politicians in different countries around the world, many of them in political parties that they donate to, to start a new round of negotiations to create a megadeal that essentially gives them whatever they want. Remember that these companies operate in different countries all around the world. Civil society and parliaments didn't have access to these secret meetings. They were all deemed commercial-in-confidence. Finally, we got thousands of pages of documents on deals on trade, services and investments right across just about every facet of our society—from digital rights through to education, health care and the environment. What we have before us today is a set of rules and regulations synchronised amongst 11 countries written by big corporations.</para>
<para>This is exactly the wrong direction for this parliament and this planet to be going in. This TPP will drive privatisation. It will continue to ratchet up the effects of smaller government on our lives, giving more power, not less, directly to big business, especially the toxic Trojan horse clauses—the investor-state dispute settlement clauses—that give corporations special new rights to sue sovereign governments for the decisions we make. This is the wrong path for us to be going down. We have an opportunity here today to say no to the Trans-Pacific Partnership agreement, to say yes to free trade and to say yes to a new treaty-making process that actually gives parliaments and all stakeholders—unions, workers, environment groups and social equity groups—a say in any deals if they're going to be signed and ratified by a parliament. It is absolutely critical that, after 13 years, we say no to this push to revitalise globalisation— <inline font-style="italic">(Time expired)</inline></para>
</speech>
<speech>
  <talker>
    <time.stamp>17:01</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Centre Alliance are a supporter of fair trade. I need to state that up-front. However, we do not support the agreement in its current form. It contains some cancers that must be cut out of it. As such, we won't be supporting the enabling legislation unless one of the amendments that I have circulated is passed.</para>
<para>There are a number of downsides to this agreement. Two are of particular concern. My colleague, Senator Griff, will raise some other aspects of the agreement that need to be thought about as well in his speech a little bit later. The first one I'd like to talk about is ISDS. As we heard, Senator Carr stood up in the chamber and made some very good points about the ISDS clause and why we should remove that from this agreement. In fact, Senator Hanson-Young also stood up and laid out some cases whereby countries have been subjected to litigation for changing public policy. So I won't repeat that. I also note that Senator Carr pointed out that the Productivity Commission, a pretty rigorous and thoughtful body, has also indicated that it finds ISDS a little bit disturbing. I note that the Europeans are walking away from it. Senator Hanson-Young, once again, pointed that out in her speech. I might point out that the United States, in NAFTA, have now walked away from ISDS. Whilst we're walking towards this particular set of provisions, most are walking away.</para>
<para>We, of course, had our own experience with ISDS when Philip Morris, having failed to overturn legislation in relation to plain tobacco packaging in our highest court, simply went to Hong Kong and initiated an action against the Australian government. I supported the Australian government in their defending of the matter but, nonetheless, that particular ISDS litigation cost the Australian taxpayer $39 million. The government wasn't up-front in providing me with those details. Former Senator Xenophon and I fought for a couple of years to get access to how much had been spent, such was the government's embarrassment. It went all the way to the AAT, and finally the government realised they were going to lose the exemption case and the number was revealed—$39 million.</para>
<para>We need to understand that the ISDS provisions allow corporations to sue governments should they be affected by a change in public policy. In effect, it transfers what we typically know as sovereign risk from the corporation to the taxpayer, and that's totally unacceptable. It's interesting that Australian companies can't use those provisions here in Australia. So, in some sense, it even discriminates against corporations that may wish to invest here. They have no recourse other than through our court systems.</para>
<para>The second problem area with the current arrangements is labour market testing. It's been waived. We will have a situation where foreign companies bring in workers and they won't have to test the local market to see if there's an Australian here who can do the job. They can simply bring those workers in and there's not much we can do about it. Countries which we could find workers coming from are Canada, Peru, Brunei, Mexico, Malaysia and Vietnam. It's an assault on Australian workers.</para>
<para>In terms of benefits—I don't want to be completely negative here; there are some benefits; always look to the benefits—in this case, the best case is a modest gain, if anything at all. The gain over the next 12 years will be 0.5 per cent of GDP. That's according to the Johns Hopkins University. We must remember that the Productivity Commission looked at some of these estimates in the past and found them to be somewhat exaggerated. They actually don't live up to what was claimed initially. We've been able to measure that empirically.</para>
<para class="italic">Senator Whish-Wilson interjecting—</para>
<continue>
  <talker>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
  </talker>
  <para>Spin has been indicated to me by Senator Whish-Wilson. Of course, as has been mentioned by a number of speakers, there has been no independent modelling commissioned by the Australian government focusing on the national advantages and disadvantages for Australia in particular. We're relying on international analysis. Like Senator Carr, I too would like to know where Senator Birmingham got his numbers from when he made his statements to the media yesterday.</para>
<para>I was almost going to stand up and simply repeat Senator Carr's speech, because he clearly articulated the problems with the ISDS provisions and labour market testing being waived, but, unfortunately, his speech came to a different ending from mine. The Labor Party still intend to support this. They're crying wolf on these provisions. They're saying, 'They're bad; we don't want them in there,' but, given the opportunity to get rid of them, they're simply not. Their plan is to change things when they get into government. Firstly, I think that's arrogant. Maybe they won't get into government after the next election. Their modus operandi now is to let everything go through and wait until they get into government. I suspect we'll see that, hopefully, with every other piece of legislation. Is that how it works, I wonder? Once again, there is no guarantee that they will gain government, and, if that is the case, they've definitely sold people out.</para>
<para>I acknowledge that a private member's bill was introduced into this chamber today by Senator Carr, but the reality is—and we all know this—this private member's bill will sit in the Senate; it will be parked here. It's not like the amendments that I'll move in the committee stage, which are attached to a government bill and which have to go back to the House of Representatives to be voted on there. This is a private member's bill that will simply sit in this chamber.</para>
<para>In that sense the Labor Party are committing a fraud on their union comrades. They're committing a fraud on their constituent base. I will read what Sally McManus, the President of the ACTU, said. She is 'disappointed by the ALP's decision to vote for the TPP enabling legislation'. Allen Hicks, the ETU National Secretary said:</para>
<quote><para class="block">It beggars belief that the Labor caucus would sign off on ratifying the TPP given it's against the party's own policy. The TPP-11 is a disaster for Australian workers.</para></quote>
<para>I will repeat that, 'The TPP-11 is a disaster for Australian workers.'</para>
<para>Even if you wanted the TPP to pass today, because you really wanted it to come into effect, the funny thing is you simply haven't used your negotiating position here. You've got the numbers with Pauline Hanson's One Nation, the Greens and the Centre Alliance voting against the enabling legislation. You sit in the box seat. You could have a conversation with the government and you could work to get to a better situation. Have you done that? No. You've simply come into the chamber, moved a private member's bill and said a few things, but you're not acting on it.</para>
<para>I will be moving a commencement amendment and, if that is successful, the treaty won't come into force. In fact, the effect of the amendment will be that it won't come into force until such time as the ISDS has been removed and labour market testing has been restored. It wouldn't require another vote of the parliament. Simply, once those are removed, those two cancers, the agreement could come into effect.</para>
<para>In the event that that fails I'm moving a sunset provision. This would allow the treaty to come into effect right now, as soon as the parliament sign off on the enabling legislation. The Australian government would be able to notify all of the countries involved in the TPP and it could come into force, but then the enabling legislation would sunset at the end of next year. That's absolutely consistent with what the Labor Party want to do. The Labor Party want to allow this through. They've stated that they then wish to negotiate the ISDS provisions out and the labour market testing back in. So I'll be very interested to see if Labor support that, because that's what they've said outside this chamber that they intend to do. They intend to allow this agreement to come into force and then negotiate these bad provisions out. The nice thing about the sunset clause is that it provides an insurance in the event that Labor don't get into government after the next election. The sunset clause will sit there and it will provide an insurance that will allow for the Labor Party national policy platform to be implemented.</para>
<para>In closing, what needs to happen here is Bill Shorten to stand up and show the courage of his conviction. We have an opportunity to draw a line in the sand. We have an opportunity to send a signal to DFAT and those who are involved in these negotiations that Australia will not accept ISDS provisions anymore and that we do require labour market testing. Time and time again these agreements are negotiated, the enabling legislation comes before the parliament, and time and time again the Labor Party complains about the provisions and nothing happens. This time around, you have the numbers. This time around, with the Greens, with Pauline Hanson's One Nation and with Centre Alliance, if you vote against the TPP as it stands, it will not come into effect. There are some very sensible, measured, reasonable amendments that Centre Alliance has put forward. There are some other amendments that have also been circulated today. It's an opportunity, and it really is going to be a situation where we will see what Labor really stands for.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>17:15</time.stamp>
    <name role="metadata">Senator WONG</name>
    <name.id>00AOU</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I rise to speak in support of the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and the Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018, which comprise the package of bills to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. I want to put on record why—despite some important reservations that Labor has with these bills that have been outlined by the representing shadow minister, Senator Carr—it is important that the Senate passes the bills that are before it.</para>
<para>I'll come to the economic arguments in favour of passage shortly, but I want to start by putting this debate into a strategic context. Fundamentally, shared and growing economic prosperity contributes to the alignment of strategic interests, and our country has a deep interest in stable, settled and consistent trading arrangements. First, Australia benefits from economic engagement with the world. Second, open and consistent trading arrangements enable greater economic engagement between nations and greater convergence of interests. Third, Australia's relative economic size means we have much to lose from trade conflict that is predicated on a win-lose binary, where economic weight and the capacity to inflict economic harm become the primary determinants of outcome.</para>
<para>In relation to the first point, it is clear that trade matters to Australia in both a direct and an indirect economic sense. Exports and imports account for over 40 per cent of Australia's GDP, and trade is inextricably linked with Australian jobs. Research has shown that some 2.2 million jobs, or one in every five Australian jobs, are associated with trade. Exports account for 1.6 million jobs—that is, around 14 per cent of all Australian jobs. Two-thirds of mining jobs are export related, and 59 per cent of agricultural jobs, 41 per cent of manufacturing jobs and one in three transport and storage jobs—more than 650,000 Australian jobs on top of those I've outlined in relation to exports—rely on imports. This is why, as I have said before, Labor's support for trade can be summed up in a simple proposition: trade benefits working people. Trade benefits working people by contributing to economic growth, trade benefits working people by improving productivity and trade benefits working people by creating better paid, more rewarding and more secure jobs. And, of course, it benefits working people by delivering lower prices and greater choice for consumers. We know trade raises average living standards. As a nation of some 25 million people, the size of our domestic market means that, to have the standard of living Australians desire, we must generate income from other markets. So I support trade, not despite being a progressive but because I am a progressive. This is why Labor has had a proud history of supporting trade.</para>
<para>The most substantial decisions to reduce Australia's trade barriers have all been made by Labor governments. In 1973, the Whitlam government cut tariffs by 25 per cent and Prime Minister Whitlam made clear that, whilst the short-term aim of the tariff cut was to reduce inflation, its longer-term aim was to improve the efficiency of the Australian economy. A more efficient economy was the primary motivation for the 1988 and 1991 tariff cuts by the Hawke and Keating governments. But, just as Whitlam was conscious of the impact of tariffs on the costs of living for the Australians we represent, prime ministers Hawke and Keating also recognised that tariffs were pushing up the price of clothing, whitegoods, cars and other basic consumer items. They recognised that there was nothing progressive about a policy which meant working people struggled to afford decent school shoes for their children, and they also drove the modernisation of Australian industry in the 1980s and 1990s.</para>
<para>Trade reforms were amongst the reforms that contributed to Australia enjoying nearly a quarter century of uninterrupted economic growth. Labor's commitment to trade liberalisation was continued by the Rudd and Gillard governments. Despite what we sometimes hear from the other side, under Prime Ministers Rudd and Gillard Labor finalised the ASEAN-Australia-New Zealand Free Trade Agreement—which has possibly the most difficult-to-say acronym in a crowded space—launched negotiations for a global trade and services agreement, and contributed to the WTO's trade facilitation agreement, which was concluded in Bali in 2013.</para>
<para>The second reason for supporting the agreement this package of bills implements is that locking in a high-quality regional deal furthers regional economic integration and cooperation. An open, rules based free trading system delivers strategic as well as economic benefits. It creates greater opportunities for the convergence of interests, which itself contributes to peace and stability. The CPTPP agreement is a plurilateral trade deal, which is consistent with Labor's policy preference for multilateral and plurilateral agreements over bilateral agreements. It is a WTO-plus trade deal, going beyond goods barriers to deal with 21st century trade issues of services, investment, competition policy and intellectual policy. It also creates a stepping stone to further regional agreements, leading ultimately to an FTA of the Asia-Pacific, which Labor continues to support.</para>
<para>These strategic benefits are consistent with Labor's long-term focus on our region and on Asia-Pacific trade liberalisation and economic integration, dating from the Hawke and Keating government's role in the formation of APEC and the Bogor declaration's goal of free trade in APEC. In an environment of rising protectionist sentiment and trade conflicts, the strategic benefits of greater economic integration are compelling. History has shown us that mercantilist, winner-take-all approaches to trade have contributed to international tension and rivalries. In the 20th century the role of beggar-thy-neighbour protectionism in the 1930s exacerbated the Great Depression and contributed to the tensions that ultimately led to World War II. It was in the aftermath of World War II that countries including the United States, and Australia under Prime Minister Chifley, supported the formation of the General Agreement on Tariffs and Trade, the precursor to the WTO, as they sought to establish a multilateral rules based trading system. Enhanced international economic cooperation and engagement promote understanding between nations, reduce tensions and increase the economic incentive to avoid conflict.</para>
<para>In contrast, protectionism and mercantilism foster tit-for-tat retaliation and hostility, which can put the wider system of international cooperation under pressure. These strategic aspects of trade loom large in our region. Our region is a locus of strategic competition, including around who makes the rules that govern relations between nations. The nature of the region and its arrangements, including on trade, are fundamental to Australia's future prosperity and Australia's future security. Australia wants a region which retains a system of institutions, rules and norms to guide behaviour, to enable collective action and to resolve disputes. We want a region in which those seeking to make or shape the rules do so through negotiation and not imposition, we want a region with an open trading system and investment transparency to maximise opportunity, and we want a region where outcomes are not determined only by power. The desire to play a constructive role in shaping open and transparent rules for trade in the region was an explicit rationale of the Obama administration in pursuing the original TPP. The CPTPP is important also because it goes to the nature and character of the region we want.</para>
<para>We should also pause to consider the benefit to our neighbours. We have an interest in their development and stability. Increased economic integration and trade will help increase incomes in some of the poorest countries in our region. Economic modelling shows that the gains from this agreement are larger for developing nations than for developed countries. It shows that this agreement would increase real national income by 3.1 per cent in Malaysia—5.4 per cent under a TPP-16 scenario—2.2 per cent in Vietnam, 2.2 per cent in Peru and 2.6 per cent in Brunei. There is a strong nexus between international trade, economic growth, development and poverty reduction, and any party committed to alleviating poverty and improving the lives of humanity in general, as Labor most certainly is, cannot ignore the benefits that will flow to hundreds of millions of people.</para>
<para>In addition to the growth benefits for developing countries in the region, the labour chapter will require reforms to workplace rights in the region. The requirements are designed to protect and enforce labour rights, improve working conditions and living standards, strengthen cooperation on labour issues and enhance labour capability amongst the parties. We do need to do more to ensure that ILO standards are more broadly observed and that workers in the region enjoy better wages and conditions. Whilst more remains to be done, the requirements imposed by the CPTPP are a step in the right direction. They will raise labour standards in the region, reduce the impact of unfair practices like forced and child labour, and reinforce international commitments.</para>
<para>This leads to my third point. The reality is that our relative economic size means that Australia has much to lose from trade conflict predicated on a win-lose binary, where economic weight and the capacity to inflict economic harm become the primary determinants of outcome. Australia has a direct interest in an open, rules based international order in which countries work together to resolve tensions and to tackle problems. Our power may not extend across the globe, but our interests most certainly do. To realise our interests we need both to shape emerging opportunities and to hedge against adversity. This is what constructive internationalism does. It deals with setback and disruption while at the same time generating opportunities. Trade can be an example of a constructive internationalism and also reinforce it in practice.</para>
<para>We need to support and advance an agreed international rules based order where those seeking to shape and make the rules do so through negotiation and not the imposition of will. Agreements such as the CPTPP are practical and constructive steps towards a world where rules, negotiation and cooperation are preferred to power and might. It is perhaps unsurprising that as shadow foreign minister I am drawn to the strategic rationale for supporting this legislation. But I should be explicit: there are sound domestic reasons for supporting this agreement and the legislation to implement it. The agreement eliminates more than 98 per cent of tariffs between signatory countries. For our farmers it will reduce and eliminate tariffs on beef, sugar, cheese, wheat, barley, wine and seafood, and expand quotas on butter, rice and skim milk. It will eliminate tariffs on iron ore, copper, nickel, butane, propane and LNG. And for Australian manufacturers it will eliminate tariffs on iron and steel products.</para>
<para>It will also enhance opportunities for Australian higher education providers in Brunei, Japan, Malaysia, Mexico and Vietnam. A number of independent economic analyses of the agreement have been undertaken, which found that it will provide relatively modest economic benefits in the short term, predominantly for agricultural goods, and that there is potential for more-significant economic benefits in the longer term, particularly if more countries in the region sign up to the agreement.</para>
<para>An analysis commissioned by a number of business groups has estimated that by 2030 the agreement would increase our national income by $15.6 billion, boost exports by just under $30 billion and lift investment in Australia by $7.8 billion. But it is the case that trade also places uneven pressures on our society. So, because I support free trade I also believe that we have to have proper social democratic institutions and progressive policies. That means insisting on high-quality trade agreements that maximise local employment, and this is a core element of Labor's track record on trade. We have always sought to ensure that the benefits of trade flow to Australian workers—the people we represent. We saw this in the ChAFTA—the China-Australia Free Trade Agreement—where we won concessions from the government to protect the interests of workers and to protect foreign workers who are on temporary visas from exploitation. I said at the time, as shadow trade minister, that Australians accept the need for a temporary migration system where there are genuine skills shortages and a lack of labour supply. But Australians do not accept a temporary migration system that is used to bypass Australian workers and to cut wages and conditions.</para>
<para>Despite resistance from then minister Andrew Robb, we managed to have significant safeguards put into law, including entrenching labour market testing under the Migration Act; imposing a market-salary-rate requirement on temporary visa workers to ensure that they are treated fairly and that temporary skilled migration does not undercut Australian wages and conditions; and creating new visa conditions for temporary work visas in occupations where holding a licence is mandatory under state and territory workplace, skills and safety laws. These conditions require temporary work visa holders in these occupations not to perform the occupation without holding the relevant licence, to obtain the licence within 90 days of arriving in Australia, to comply with any conditions imposed on the licence, not to engage in any work or duty inconsistent with the licence, and to notify the department in writing if their application is refused or they are granted a licence that is subsequently revoked or cancelled.</para>
<para>As with the China-Australia Free Trade Agreement, Labor continues to have reservations about the deal that the current government has signed. This is not the agreement we would have signed. The government could have done more and should have worked harder to protect the rights of Australian workers. The shadow trade minister, Jason Clare, has made it clear that Labor in government will not waive labour market testing in the trade agreements we sign, and we will also work to reinstate labour market testing for contractual service suppliers in countries where the Liberals have agreed to waive it. We will build on the protections we won in the ChAFTA agreement to strengthen rules around temporary workers to ensure that migrants are not exploited, Australian workers are not bypassed and the safety of Australians is not jeopardised.</para>
<para>This agreement also extends our ISDS obligations to one country, Canada. If we win the next election, Labor have made clear we will follow the approach of the Ardern Labor government in New Zealand. We will negotiate with the Canadian government to remove the application of this clause between our two countries by way of side letters. The New Zealand Labour government has signed side letters with four countries that are part of the CPTPP, and the effect of these letters is that the ISDS clauses in this agreement do not apply as between New Zealand and these countries. Australia has also signed a similar letter with New Zealand. What this shows is that it is possible to set these clauses aside, and that is what we will seek. Labor will also legislate to prohibit governments from signing trade agreements that waive labour market testing or include ISDS provisions, and I encourage those in this chamber who have concerns about these elements to support our legislation to this effect.</para>
<para>As I've said, this is not the agreement Labor would have negotiated. It can be improved and, if we form government, we will do so, but that does not mean we should reject the agreement. As the Labor Party's national platform puts it, more trade is a pathway to a high-skill, high-wage future for Australians. Labor members and senators do not pursue trade liberalisation out of any blind adherence to abstract theories. We pursue trade liberalisation because it delivers concrete benefits for the people we represent. We will be supporting the legislation to implement the CPTPP because it will benefit our trading partners, promote economic prosperity and cooperation in our region, and benefit Australian workers and Australian consumers.</para>
</speech>
<speech>
  <talker>
    <time.stamp>17:32</time.stamp>
    <name role="metadata">Senator DI NATALE</name>
    <name.id>53369</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I rise to speak against the legislation before us today, the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and the related bill. For decades, the problem in Australia has been that large corporations wield far too much power over our democracy and economy. We've been told that, if we deregulate, cut taxes for big business, privatise anything that's not nailed down and attack unions' rights to protect working conditions for working people, suddenly we'll all be better off, that wealth will trickle down magically to all of us. Neoliberalism, market rationalism, economic rationalism—call it what you like, the reality is that we were sold the lie that what is good for big business is going to automatically be good for ordinary people. It's a lie.</para>
<para>The myth is that simply handing over more power to big corporations, as this deal does, will benefit Australian communities, Australian workers, people living on the land, farmers, people in service industries, people who want to get access to affordable medicines and, indeed, our precious environment. If you believe that handing over more power to big corporations is the pathway to do that then you've been asleep for the last 30 years, because for 30 years what we've seen is the outsourcing of our democracy to big corporations, and the effect has been economic inequality, environmental destruction and a community that pits neighbour against neighbour. The reality is that this is a bad deal. It's a bad deal because it hands over extraordinary power to corporations and takes it off sovereign governments.</para>
<para>Let's look at some of the specific issues contained in this agreement and go through them one by one to see exactly what will happen if Australia signs on to this deal. Firstly, there are the investor-state dispute settlement provisions, the ISDS provisions. In short, what they do is to give the extraordinary power to corporations to sue governments if a government passes a law they don't like. If a government blocks a mining application, a multinational corporation can come along, sue it and have their dispute heard in private. A government could foot the bill for any potential lost revenue simply because a government has decided to protect a local community or, indeed, the environment. For laws strengthening air pollution protections, again, companies can come along and sue governments. Raising the minimum wage could be seen as contrary to the interests of some of the corporations involved in specific proposals.</para>
<para>We know that this is possible because it has happened before. Australia was sued by a tobacco company for bringing in plain packaging, for goodness sake. We were sued because we introduced a law to protect the public health of our community. This complaint was levelled against the Australian government and action was taken. Fortunately, we won that case. Had we lost, Australia's plain packaging rules would have had to be repealed. These ISDS provisions are so bad that even John Howard, through the Australia-United States Free Trade Agreement, refused to include them as part of that agreement. Here we are, a decade on, with a modern Liberal Party—hardly a surprise—backing in this change. It is also now being backed in by Bill Shorten and the Labor Party.</para>
<para>Moving beyond ISDS provisions, you've got the issue of labour market testing. That is there to demonstrate that, yes, if we can't find workers to do a particular role or task in Australia, we have the opportunity of bringing in people from overseas. But the TPP-11 commits Australia to accepting unlimited numbers of temporary workers from Canada, Mexico, Chile, Japan, Malaysia and Vietnam. They are going to be workers spread across a wide range of professional, technical and skilled trades and occupations. That's because the agreement does not require there to be any labour market testing of whether there are people here who can do those jobs. These are workers who will be brought into Australia to work in jobs and on projects where there could be Australians in regional communities who are ready and willing to do the same job on the same project.</para>
<para>We know that there is danger when those migrant temporary workers remain tied to one employer for the course of their time in Australia. If things go badly, they face deportation. They face deportation if they lose their job for any reason whatsoever. It's an agreement that creates less bargaining power for that group of workers. We know this because the Fair Work Ombudsman reported that temporary visa holders accounted for only one in 10 complaints to the agency in 2015. This is what you get when you sign up to trade agreements that have been written by corporations for corporations and not for the Australian community.</para>
<para>When it comes to medicines, the TPP-11's intellectual property chapter contain a series of rules that lock in strong monopolies for patents on medicines. That puts affordable medicines out of reach. It extends the patents for a number of medicines, keeping the price artificially high. It is the first official trade agreement involving Australia to propose an additional, longer monopoly on data protection for biologic medicines. These are medicines that have the capacity to revolutionise the way we deliver health care in this country. Instead of reform that is in the interests of patients, what we're seeing is reform that is in the interests of huge pharmaceutical companies. This creates a dangerous precedent that treats the lives of Australians as a second-order concern behind the profits of big pharma. That's why MSF, Medecins Sans Frontieres, Doctors Without Borders, described TPP-12 in these terms:</para>
<quote><para class="block">The TPP is a bad deal for medicine: it's bad for humanitarian medical treatment providers such as Medecins Sans Frontieres, and it's bad for people who need access to affordable medicines around the world …</para></quote>
<para>Of course, what we do know is that, when it comes to the benefits of these trade agreements, they consistently overpromise and underdeliver. They assume we get none of the downsides and all of the upsides. They make heroic assumptions of full employment. They assume perfect labour mobility and assume away any income distribution effects or trade balance effects. The US Peterson Institute for International Economics produced a study of TPP-12, which included the United States, and it estimated a very small increase in Australia's GDP after 15 years. It's essentially a rounding error—0.6 per cent. That's 0.1 per cent each year. Of course, on the downside, we saw a separate study that found that job losses in Australia would total 39,000 jobs lost after 10 years. You see, they always overpromise and underdeliver.</para>
<para>In this case, the benefits are so small because Australia's got free trade agreements with a number of the TPP-12 countries already. You ask somebody who works in agriculture right now about the promises that have been made with some of the free trade agreements we've seen and how they were supposed to revolutionise the industry and bring in rivers of gold. Most farmers are still doing it tough. Those trade agreements haven't made any difference to their lives. The reality is this is a bad, bad deal. It hands over huge power to corporations through the ISDS provisions. It abolishes the need for labour market testing. It makes medicines more expensive. It ensures that, rather than benefiting from free and fair trade with our neighbours, we hand over extraordinary influence to corporations over democratically elected governments. Politics is pretty crook right now, but the one advantage you have in a democracy is that you can vote people out.</para>
<para>Labor are trying to tell us that they don't support many aspects of this deal and that they're going to try and change it once it's been signed. Just think about that. They're saying, 'We're going to sign a contract today and then we're going to attempt to change it if we win the next election.' They've cited evidence of these side letters signed with countries like New Zealand. Let's be really clear about this. These were agreements that were struck before the TPP was agreed to in law. If you're going to engage in side deals, it's an acknowledgement that the deal itself creates all sorts of problems for you, and you fix them now before you sign away any leverage by signing this contract into law. You can't walk away from the bits of the deal you don't like after you've signed the deal or after you've entered into a contract. The Labor Party is being dishonest with its members, it's being dishonest with Labor Party supporters, it's being dishonest with the unions and it's being dishonest with the Australian people when it says that it can sign this deal and then change it after it has been signed. These provisions will be locked into law and will be with us indefinitely.</para>
<para>We know that this is part of the Liberal Party DNA. We know that, when it comes to corporations, they are hand in glove with the big end of town. We know they don't give diddly squat about the needs of people in regional communities, ordinary workers and people doing it tough. So it's no surprise that the Liberal Party would sign this deal and would be welcoming the opportunity to work with the Labor Party on it. But it's remarkable that we are less than a year out from an election with the Labor Party prepared to do a deal on this with the Liberals to sell out workers and to give more power to corporations at a time when people are saying: 'No. We've had enough. We've had a gutful. We are sick of a politics where corporations wield so much influence over our democracy that it's only the money that talks and people are locked out.' That's what this deal represents.</para>
<para>Bill Shorten says to trust him, that he'll walk away from the TPP—the bits he doesn't like—when he wins government. When you're in opposition and you're not being forced to sign it, if you're not going to stand up for the bits you don't like in this deal now, which is when we have to abolish the ISDS provisions—when we have to make sure that medicines aren't put out of reach of ordinary people and when we have to make sure that ordinary workers are being looked after—how on earth can we trust you to do it in government?</para>
<para>I say to people right around the country: we have consistently expressed concerns about the Trans-Pacific Partnership agreement. Of course, we support trade that's fair. We understand that trade with our neighbours has the capacity to influence and benefit all of us but it's got to be fair trade. It has got to be trade that is in the interests of the Australian community; not trade that does the bidding of big corporations. How on earth can you accept a deal that says to sovereign governments: 'You pass a law to protect public health, you pass a law to protect our environment and if a corporation doesn't like it we're going to give them the opportunity to take us to court. And if they win we're going to have to pay them compensation.' That's what this deal does. Why on earth would the Labor Party be supporting that?</para>
<para>We've given up on the Liberals. We know they're a lost cause, but here is your opportunity to stand up for people and not for corporations. Your big test is here today and it looks like you're going to squib it. It's a disgrace.</para>
</speech>
<speech>
  <talker>
    <time.stamp>17:46</time.stamp>
    <name role="metadata">Senator STORER</name>
    <name.id>275424</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I am a supporter of measures that increase opportunities for trade and commerce between Australia and the rest of the world. As I noted in my first speech, my vision for our ongoing prosperity centres on our lucky proximity to and relationship with Asia. This led me to a career with entrepreneurial SMEs across Asia and selling products into Asia from Australia, which personally expanded my perspective and language skills.</para>
<para>The opportunities for permanent benefit from greater trade with our Asian neighbours is clear. In little more than a decade Asia is estimated to have a middle class of around three billion people—a 600 per cent increase in 20 years—whereas the middle class in Europe and the US combined will be 1.2 billion, which is just 40 per cent of that Asian amount. We have already seen dramatic examples of what deepening trade with Asia can bring to our economy and society: a 63 per cent year on year increase in Australian wine export to China, the growth of international education to be our third largest export industry and Chinese tourists doubling in the last five years to be our largest visitor market.</para>
<para>This is not just about China. Presently our two-way trade with South-East Asia exceeds that with China and opportunities of doing much more are strong. Our proximity to Asia and the inherent strengths of 'brand Australia' and perceptions there put us in a superb position. For a country rich in land and natural resources with a relatively small population, foreign investment is essential to our development. We must support more Australian companies and institutional investors to invest in Asian countries. Asia provides new markets for entrepreneurship and innovation in Australia, and particularly in my state of South Australia, about which I am passionate. This is the lens through which I view the bills now before us.</para>
<para>The Trans-Pacific Partnership agreement presents an opportunity to broaden our trade opportunities with 10 other Pacific rim countries, including six in the Asian region. It does this by providing new market access opportunities for Australian exporters of goods and services, as well as investors. I welcome the foreign and domestic benefits of free trade and specifically high-quality, open, rules-based architecture.</para>
<para>However, with regard to this agreement, there are several issues playing into my consideration. With regard to economic benefit, from a broad perspective, there are questions about how beneficial the FTAs that we have signed really are. Analysis of the Australia-United States Free Trade Agreement suggests overall trade flows between our countries did not increase as a result of the agreement. Trade diversion was greater than trade creation. Yet, at the time, projections of the benefits coming from that agreement were in the billions.</para>
<para>The Singapore free trade agreement has led from a trade surplus to a trade deficit, most recently of $2 billion. The Thailand free trade agreement has moved from a trade balance to a trade deficit of $11.6 billion. The ASEAN, Malaysia, Chile, Korea and Japan free trade agreements have had mixed results—some positive. On balance, Australia's trade deficit with these countries has marginally deteriorated since the signing of these FTAs. It has done particularly poorly with regard to the Australia-US Free Trade Agreement.</para>
<para>That said, with regard to this multilateral agreement before us, the absence of detailed, independent modelling on the economic benefits for Australia is incredibly concerning. Instead, the government have been relying on studies that assess the TPP in its entirety. These studies are then quoted by Australian industries, noting that:</para>
<quote><para class="block">The revised "Comprehensive and Progressive Trans-Pacific Partnership" will add US$12 billion per annum to Australia's national income in 2030, or 0.46% of forecast income, an increase described by the report's authors as "relatively modest". It is also forecast to increase overall foreign investment into Australia by just US$6 billion.</para></quote>
<para>Another report noted that the new modelling shows that Australian agriculture stands to make zero gains in exports under the TPP-11. The agreement was said to boost exports by $30 US billion, without saying that it would also boost imports by exactly the same amount. The Productivity Commission's outgoing chair, Peter Harris, noted with regard to the benefits of trade agreements, that:</para>
<quote><para class="block">… no one ever mentions the additional imports that arise from them, despite the benefits of cheaper imported goods for Australian consumers and business.</para></quote>
<para>On wages, the report indicated that wages would, after a decade, grow by the small amount of only 0.46 per cent per year or around $10 a year by 2030.</para>
<para>The Australian government did not let its own Productivity Commission examine the TPP deal. For something of such significance, this seems absolutely essential to providing our agreement to the deal. There is the Victorian government's high-level analysis undertaken by Grant Thornton focusing on certain industries for Victoria. Key concerns in that are that the gains in Australia's access to export markets for goods are modest and largely limited to agricultural exports, phased in over long periods. These gains will be outweighed, to some extent, by the altered competitive situation in some markets due to other TPP-11 countries exporting the same products as Australia, which will affect the current gains we have in current free trade agreements with some of the countries in the TPP-11. The above concern about independent modelling and then the likelihood of actual overall positive outcomes from Australia's involvement in the TPP-11 agreement are extremely telling in my consideration of this legislation which is before me.</para>
<para>There are also significant issues around the ISDS or investor-state dispute settlement provisions which grant corporations powers to sue government for changes of policy. We should look with great scepticism upon any measures that allow companies to override the democratic rule of sovereign governments. Here in Australia we have had recent experience with the realities of ISDS in free trade agreements. In 2011, cigarette company Philip Morris used the 1993 Australia-Hong Kong Free Trade Agreement to sue the Australian government over its plain-packaging legislation. We ultimately won the case, but it cost more than $39 million in legal fees and took six years to resolve. And all of this was because the government took action to address the scourge of cigarette use in our community.</para>
<para>As of November 2017, there were 819 known cases in which corporations were suing governments through ISDS provisions for damages. Australia and 15 other Asian countries alone have been subject to US$31 billion in claims, and there are currently three known threats of ISDS cases against the Australian government. Of particular concern to Australia should be the large number of ISDS cases related to mining, which were 40 per cent of those launched in 2016. International law firm Ashurst emailed their clients last year after the government announced its Australian domestic gas security mechanism, alerting them to the potential opportunities of using ISDS to challenge the government's policy, stating that:</para>
<quote><para class="block">Recent changes to Australian gas export and taxation policy serve as reminders that the protections afforded to investors under investment treaties are not only relevant to investors in emerging markets. Investment treaties are also relevant to investors in modern and developed jurisdictions …</para></quote>
<para>that is, Australia. The implication from the email is clear—'If you don't like what the Australian government is doing, why not consider using ISDS provisions to stop them?'</para>
<para>On the other hand, ISDS clauses provide protection for Australian companies investing abroad and can help to improve investor confidence. As with many things we consider here, there are trade-offs and no easy answer. They also are nothing new. We already have ISDS provisions in six existing free trade agreements. However, that is not to say that we should be proliferating them further. On balance, I see the risks associated with ISDS as outweighing the rewards. Other countries have reached the same conclusion. The US, the EU, Brazil, Egypt, Indonesia, India and New Zealand have all turned their backs on ISDS, either refusing to ratify agreements that include ISDS provisions or renegotiating arrangements to remove them.</para>
<para>Former Liberal Prime Minister John Howard was also not a fan. He stopped ISDS from being included in the Australia-United States Free Trade Agreement. In this parliament, we have already heard a range of eloquent arguments on the issue. I note that the ALP has put forward a second reading amendment calling on the government to remove ISDS provisions from existing trade agreements. However, this does not fundamentally address the issue of the bills before us here today—and that is what should be required.</para>
<para>While I will support the amendment, there should be support for other amendments that would require the government to exempt Australia from the ISDS provisions of this agreement before the enabling legislation commences. I have concerns around the provisions that waive labour market testing for contractual service suppliers. Again, there is a lack of independent analysis of the potential impacts on the Australian labour market of the removal of labour market testing for temporary migrant workers from TPP-11 countries.</para>
<para>The joint standing committee report on the TPP had comments that more than 435 occupations could be covered by the term 'contractual service supplier', including electricians, plumbers, carpenters and nurses; yet Minister Ciobo noted that the waiving of labour market testing does not apply to unskilled or low-skilled workers. Reports on the temporary skilled migration program of 2017-18 showed three-quarters of visas were granted to managers and professionals and 21 per cent to trade workers. While that does sound promising on one level, the impact of the TPP going forward in these areas is not clear. It could lead to unforeseen impacts on our domestic workforce that must be further investigated. Independent assessment is required. Have other countries provided Australia with such generous reciprocal visa rights? There is also concern regarding the treatment of these workers, due to them being tied to one employer and subject to deportation if they lose their job.</para>
<para>With these factors in mind—and weighing up the above points regarding historical and projected economic benefits, ISDS provisions, and provisions that waive market labour testing for contractual service suppliers—I have significant issues with passing this bill. I will be supporting amendments put forward by other senators that prevent this legislation from commencing until agreement is reached to exempt Australia from ISDS provisions and to reinstate labour market testing in relation to contractual service suppliers.</para>
</speech>
<speech>
  <talker>
    <time.stamp>17:58</time.stamp>
    <name role="metadata">Senator FARUQI</name>
    <name.id>250362</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I rise to speak on the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and the related bill, and associate myself with the comments made by my Greens colleagues. How is it that, time and time again, we come to this place and see bill after bill that the people of Australia never asked for and do not want? The sway that vested interests have on this government is truly horrifying; and I am even more horrified that this piece of legislation comes here with bipartisan support.</para>
<para>The TPP-11 will jeopardise our environment and it will erode the rights of Australian workers. The Trans-Pacific Partnership is all about putting corporations above people. That's the entire point of this legislation. It is devised in the boardrooms of corporations which have an insatiable appetite for profit at any cost. This is a trade agreement that gives corporations the power to sue governments for raising wages, for protecting the environment and for reducing the cost of life-saving medicine. Does this sound like a fair trade deal to you? Is this free trade? Of course it's not. And what is so bone chilling about this is how it has come about—the complete lack of transparency. This is a deal that has been stitched up behind closed doors in the boardrooms of big corporations. What about the people? Don't they have a right to know what you're signing them up to? We're told to just shut up and accept that governments and oppositions and their mates know what is best for everyone. Well, we are truly fed up with this game of mates. This is a trade deal written by big business for big business.</para>
<para>Unions, in particular, have come out strongly against this deal, and good on them. The Australian Council of Trade Unions has said:</para>
<quote><para class="block">The TPP puts globalisation before Australian workers and threatens the fundamentals of our democracy. By destroying thousands of Australian jobs and driving down wages we believe the TPP will lead to higher levels of inequality.</para></quote>
<para>They go on to say:</para>
<quote><para class="block">The TPP is a toxic combination of globalization and more power to multinationals ahead of democracy for Australian workers.</para></quote>
<quote><para class="block">Australia must turn away from trade that puts profit before people.</para></quote>
<para>And they conclude:</para>
<quote><para class="block">Trade agreements should not undermine the ability of Governments to regulate in the public interest, particularly in regard to essential services like health, education, social services, water and energy.</para></quote>
<para>Public Services International, which represents public sector workers around the world, note in their submission to the inquiry into the TPP-11:</para>
<quote><para class="block">… it prioritises the interests of private corporations over those of communities. The TPP-11 is not democratic; the negotiations were held in secret to the exclusion of communities and their elected civil society representatives (such as unions), hampers government regulation, and will allow corporations to sue democratically elected governments. The TPP-11, through these negative impacts, will hamper development and will hamper the regions capacity to meet the UN's Sustainable Development Goals.</para></quote>
<quote><para class="block">…   …   …</para></quote>
<quote><para class="block">Despite repeated claims that the TPP-11 does not affect public services it is clear that the intent of the TPP-11 … is to expand market access and liberalise trade in services, the key policy ingredients required to advance privatisation.</para></quote>
<para>Australian Manufacturing Workers' Union national secretary Paul Bastian, said the TPP would be a 'disaster for Australian workers'. He said:</para>
<quote><para class="block">It beggars belief that the Labor caucus would sign off on ratifying the TPP given it's against the party's own policy.</para></quote>
<para>I am particularly concerned about investor-state dispute settlement, or ISDS. The ISDS allows foreign companies and investors to sue the Australian government for changes in the law that damage their investment, not in our courts or under our law or even in their courts or under their law but in unaccountable international tribunals. This is an obscene inclusion. This isn't the first ISDS we have signed up to, but it is potentially the biggest one we're about to sign on to. Pat Ranald, a research associate of the University of Sydney, has highlighted some examples of current ISDS examples. For example:</para>
<quote><para class="block">Swiss Pharmaceutical company Novartis is suing the Colombian government over the plans to reduce prices on a patented treatment for leukaemia. The US firm Bilcon won its claim against the Canadian government for US$101 million after a provincial government refused to approve a quarry in an ecologically sensitive area. The French company Veolia is claiming compensation from the Egyptian government for a rise in the minimum wage.</para></quote>
<quote><para class="block">Even if a government wins a case, defending it can take years and cost millions. The US tobacco firm Philip Morris shifted some assets to Hong Kong and used ISDS in an Australia-Hong Kong investment agreement to claim billions in compensation for Australia's plain packaging law. It took more than four years and reportedly cost A$50 million in legal fees for the tribunal to decide that Philip Morris was not a Hong Kong company.</para></quote>
<para>This is a terrifying future.</para>
<para>I must say I don't expect any better from the Liberal and National parties. They are so morally bankrupt that for them everything has a price tag if they think that it can make a buck for their mates in big business. But I am so very deeply disappointed in the Labor Party today, the party that talks a big game about being a friend of the worker except, it seems, when its corporate mates come knocking on the door. Labor and Bill Shorten talk big but, when it comes down to a choice between workers and their deep-pocketed corporate mates, we know who they will choose. We know who will win every single time. We can stop this terrible trade deal today. It can be dead in the water today if the Labor Party develops a spine to do the right thing. I do recognise that there are members of the Labor Party who are deeply opposed to this and have been lobbying hard for the party not to end up here, but here we are with the bill before us about to become law. The time is here and the time is now. Once you let this genie out of the bottle, it ain't going back in. Bill Shorten's idea that you can sign off—</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Senator Faruqi, may I remind you that, when you speak about people in the other place, you use their correct title.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator FARUQI</name>
    <name.id>250362</name.id>
  </talker>
  <para>Thank you, Madam Deputy President. Opposition leader Bill Shorten's idea that you can sign off on the full agreement today and then put blind faith in your ability to renegotiate and remove ISDS clauses as well as introduce labour market testing is pretty ridiculous. That's not how it works, and, if that is how you think negotiations happen, then God help us all. If you want to change the TPP, now is the time to do it. The Greens oppose the Trans-Pacific Partnership because it is a dud deal. It is a rotten deal. Time and time again, we get sold out by the big parties with empty promises that rarely, if ever, come to fruition. 'Trust us,' they say. Every time, we are promised all the jobs and the wealth in the world, and, inevitably, the big end of town gets the benefits and the people bear the costs. We know we are being sold a lemon by this government.</para>
<para>Anis Chowdhury, former director of the UN Economic and Social Commission for Asia and the Pacific, notes that most TPP partner countries already have trade agreements with one another. Thus, additional trade from the Trans-Pacific Partnership agreement will be modest. Even the World Bank admits that the Trans-Pacific Partnership would boost Australia's economy by just 0.7 per cent by the year 2030 and at a real cost. The Tufts University report shows that Australia is likely to lose some 39,000 jobs in energy products, primary commodities, manufacturing and services industries. We could stop this today. We could say, 'No ISDS.' We could say no to putting the rights of corporations above people. All we need is the Labor Party to stop their reckless devotion to neoliberalism. You will very likely be the next government in this place, but, if you pass this legislation today, you will prove to millions of Australians who don't want the TPP forced down their throats that you are not listening, that you don't care and that you will always put your big business mates first.</para>
<para>The Trans-Pacific Partnership is a fraud. It is all about benefiting big multinational corporations and the wealthy one per cent. Thousands of jobs will be destroyed only to benefit the big end of town, yet we are told that we must support it for the greater good. What a sick joke! It is a sellout of Australian workers, it is a sellout of our precious environment and it is a sellout of our public services. I stand with trade unions, I stand with the community, and I stand with activists against this toxic deal. The real question is: why isn't the Labor Party? I'm deeply appalled that the Labor Party is joining with the Liberals when they know what this bill will do. The Australian people are sick of the two big parties selling them out time and time again in secret deals like this. Once the Liberals and Labor have signed and sealed this deal, it will be incredibly difficult to get out of. We know that big business will want more and more and more. If you can't stand up to them today, how will you do it tomorrow? Let's act to save our universal health care, our environment, our climate and our workers' rights. Let's stop this today.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>18:09</time.stamp>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>This week could be a very dark week for many struggling families in Australia, because it looks like they are about to be sold out once again by the people they voted for to represent them. It looks like we will soon be witnessing one of the greatest betrayals of the Australian worker that this country has ever seen. It looks like the coalition and Labor have finally found some common ground in their shared love of the deeply flawed Trans-Pacific Partnership. The coalition has always been quick to put the interests of their Nationals mates ahead of Australian workers, but it is utterly shameful to see that the Labor Party is about to roll over and wave through this piecemeal trade deal. It seems that Labor's hypocrisy knows no bounds. They have betrayed the trust of their voters and the workers they so often claim to champion. They have happily taken union money and now they are laughing all the way to the bank as they sell them out. Honestly, after Labor politicians take their places in parliament, they treat rank-and-file union members like complete mugs. Let me quote what Senator Doug Cameron said on Wednesday, 26 September 2018:</para>
<quote><para class="block">Well I have had concerns about these so called free trade agreements for a number of years. They are not really free trade agreements. Technically they are bilateral preferential trade agreements, so people trade off bits and pieces and it's not true free trade and I have always been concerned that workers need to be considered, the social impact needs to be considered as well as the economic impact.</para></quote>
<para>If you listen to Senator Doug Cameron now, you won't hear those words. The Labor Party are going against the core principles that they claim to stand for. I quote from the ALP National Platform:</para>
<quote><para class="block">Labor will oppose low-quality piecemeal trade agreements in favour of fair and transparent multilateral agreements. When multilateral trade negotiations are not making satisfactory progress, Labor will consider high-quality regional or bilateral trade agreements that are in Australia's national interest and that support the multilateral trading system. Trade agreements must be consistent with Australia's social and economic values, be based on widespread consultation, provide for appropriate minimum and enforceable labour and environmental standards, take account of social and economic impacts and allow sovereign governments to make decisions and implement policies in the interests of their citizens.</para></quote>
<para>That doesn't sound anything like what Labor are doing in this parliament if they're going to support the TPP. I will say it again: the Labor Party are voting against their core principles. When you look at a party that does not stand by its core principles, what you see is a party of no principle. No Labor Party of my parents' generation would have allowed this trade deal to pass, but I suppose that should come as no surprise, because Bill Shorten's Labor Party is not the Labor Party we used to know.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Senator Hanson, I remind you to refer to others in the other place by their correct titles.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
  </talker>
  <para>I suppose that should come as no surprise, because the Labor Party that the opposition leader, Bill Shorten, is head of is not the Labor Party we used to know. Labor's proposal to fix this thorn in their side is a complete stunt and absolute farce. Even if we were to pass it here in the Senate, the coalition will block it in the lower house. It is a slap in the face of their supporters. If the TPP will cause Australians to lose their jobs then don't vote for it. Instead of fighting for the workers of Australia, the Labor Party is rolling over for opposition leader Mr Shorten's billionaire mates. This is despite the fact that he knows that the TPP will have a devastating impact on Australian jobs and workers. The Labor Party knows that the TPP will allow virtually unlimited access for workers from Canada, Mexico, Chile, Japan, Malaysia and Vietnam to flood the Australian job market.</para>
<para>These labour market concessions to foreign workers will be on top of the 5,000 workers from China we agreed to as part of the China free trade deal and the 5,000 workers that will come as a result of the Indonesian free trade deal, which Labor will probably wave through as well. On top of this we have skilled labour and holiday visa-holders who are able to work, as well as foreign students, all placing pressure on the Australian job market.</para>
<para>The Labor Party knows that this agreement will allow employers to overlook local workers. So if you are one of the millions of Australians who works, or would like to work, as a mechanic, a construction worker, a chef, a nurse, an electrician, a carpenter, a bricklayer or a tiler—to name just a few occupations—you should know that the Labor Party is about to sell you out. We know that this problem with the TPP undercutting the jobs market will be even worse in rural and regional areas, where youth unemployment is through the roof. But it seems that the major political parties in this place couldn't care less about these people, because they already have their jobs in this place and they seem to think that keeping their jobs in this place means doing the bidding of their multinational mates. We know that this trade deal will hurt Australian workers and Australian jobs—still Labor waves the white flag. If I were in the Labor Party, I would be absolutely ashamed. I am certain that, behind closed doors, many Labor politicians will be hanging their heads in shame.</para>
<para>This brings me to the coalition's part in this debacle. In their support of the TPP, the very worst aspects of the coalition are brought to light. They don't care about the negative impact this will have on Australian workers or Australian sovereignty. They know that this trade deal will open up the Australian government to legal challenges from foreign multinationals and will make it even harder than it is today to hold them to account. Let me take you back to 1998, when I spoke in the parliament about the multilateral agreement on investment which they were going to sign. That was about multinational companies actually being able to sue us for loss of profits. No-one knew about it. It was never debated on the floor of the parliament—until I spoke to a former member of the Canadian parliament who said we have every right to discuss this. He said it was discussed on the floor of the parliament in America and also in Canada. But no, the coalition kept it as a secret deal—until the other politicians found out what was going on, after I exposed it for what it was. And then it was actually shut down. That is the deal that is in this TPP. That has happened in America. A petroleum company sued for loss of profits. Off the top of my head, it was for in excess of $300 million. Are we are signing up to that? These are taxpayers' dollars.</para>
<para>Let me go to the free trade agreement with America that was signed here in this parliament in 2004, and was supported by the Labor Party as well. It came into effect in 2005. Under that free trade agreement, who got rid of their tariffs from day one? All Australia's tariffs were gone from day one, yet America kept their tariffs on for between 11 and 18 years on wool, horticultural products, steel, wine, beef—you name it. The coalition didn't do the deal for our country; they did the deal for the other countries. America still put quotas on the system; they kept their tariffs on. The Chinese free trade agreement is another one. What have you done? You have signed away our tariffs here, but China still has its tariffs on for four years—and they are going to look at the negotiations again after four years.</para>
<para>I don't see the politicians in this place working for the people of this country; I see them selling us out. And it is quite evident in this agreement. They are going to put ISDS into this agreement. It is nothing short of a multilateral agreement on investment, to allow multilateral companies to come in here and start controlling us and having their say. On 10 September 2018, Anthony Albanese said—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Senator Hanson, I remind you again to refer to those in the other place by their correct titles.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
  </talker>
  <para>Mr Anthony Albanese said: 'The LNP should explain why they believe free trade agreements should include investor-state dispute settlement provisions, which undermine Australia's national sovereignty and the right of this parliament to determine the way that health policy and other policies operate here in this nation.' That is what Mr Albanese said. I cannot believe the Labor Party are determined to support this. They say: 'Let's just sign it. We'll get it through the parliament and we'll deal with it later. We can renegotiate it and do something.' I understand that the New Zealand Prime Minister didn't do that. She actually dealt with it now. She said, 'No, that's not good for our country.' She is prepared to deal with it. Besides, I don't trust any one of them to actually change it once it's passed here in this parliament. I don't believe that they're prepared to stand up for the Australian workers or against this ISDS that's in the agreement.</para>
<para>I will go to some of the comments from some of the unions. They're not supportive of the Labor Party wanting to sign this, I can tell you. This is the statement from the former ACTU president, and current Labor MP, Ms Ged Kearney:</para>
<quote><para class="block">The Turnbull Government's blind pursuit of the troubled Trans Pacific Partnership agreement will sacrifice workers and Australia's sovereignty for the profits of multinational corporations.</para></quote>
<quote><para class="block">Steve Ciobo has said that the deal is "18 free trade agreements". The Australian people haven't seen the text of one agreement, let alone 18. This process is a mess and makes a mockery of our democratic principles.</para></quote>
<para>Ms Cathy O'Toole, another Labor member in the lower house, said:</para>
<quote><para class="block">The current LNP TPP waives labour market testing and includes clauses that allow foreign companies to sue the Australian government. These clauses are known as ISDS provisions. To waive labour market testing does not put Australian workers first and, quite frankly, is absolutely nonsensical.</para></quote>
<para>That's another Labor quote.</para>
<para>Let's go to the unions. The ACTU's president, Michele O'Neil, said:</para>
<quote><para class="block">We should have a trade agenda that puts working people and fairness at its core. But the Turnbull Government has only ever looked after big business in its trade negotiations.</para></quote>
<para>Well, Labor is right beside you this time.</para>
<quote><para class="block">The TPP is a bad deal that hands more power to big business. It's bad for working people, it's bad for people who rely on affordable medicine, and it's bad for our sovereignty. The only winners are corporations.</para></quote>
<quote><para class="block">We urge parliament to oppose unfettered corporate greed by voting against this deal, and to adopt a trade agenda that will deliver real benefits for working people.</para></quote>
<para>On 13 September this year, the Australian Council of Trade Unions national secretary, Sally McManus, said in <inline font-style="italic">The Sydney Morning Herald</inline>that the ACTU and union movement:</para>
<quote><para class="block">… are disappointed by the ALP's decision to vote for the TPP enabling legislation.</para></quote>
<para>This one here is a real beauty. I love this one. The ETU's national secretary, Allen Hicks, said that the ALP 'blindly support the deeply flawed' TPP. He said:</para>
<quote><para class="block">This dodgy deal is opposed by the majority of the Senate crossbench—</para></quote>
<para>he got that right—</para>
<quote><para class="block">meaning it can only pass through the parliament if Labor gives it the green light … The opposition not only has an unprecedented ability to demand a better deal, failing to do so will see them forced to accept responsibility for the significant failings of this agreement. The TPP is all about looking after the big end of town, maximising profits for multinational corporations at the expense of what is best for the Australian public.</para></quote>
<para>There are a couple more quotes here, but it's not just the Labor Party. These bills have been put up by the coalition and supported by the Nationals.</para>
<para>The Nationals claim to support Australian rural communities, but once again we have these bills that will rip the guts out from the jobs market and devastate many rural and regional communities, and the Nationals are waving them through. The Nationals know this trade deal will kill jobs in rural and regional Australia. The Nationals know that the TPP-11 puts the interests of multinational businesses ahead of working Australians, yet they still wave it through. As for the Nationals—wow!—what have they done? Over the years since my time in parliament, I've seen the destruction of the dairy industry. It's still happening. In Queensland, I've seen that we've gone from 1,500 dairy farms down to 385. We are not supporting them. We can't even give them a decent farm-gate price for their milk. They are not even working to actually make that come about.</para>
<para>I have seen the sugar industry on its knees. Who got the code of conduct for them? It was I and One Nation in this parliament. We did that to give them a reprieve from being shut down by a multinational company that was waved through to take over the mills in North Queensland, and it's still happening. What about the citrus growers? Many years ago, the trees burnt, bringing in free trade from overseas. What about the pork industry? That was another one that died. 'Oh, yes, a free trade agreement—absolutely wonderful. Let's take off the tariffs in this country and then destroy our own industries here'! I love hearing the government side. The government said, 'But it's going to bring in $15 billion by 2030.' I tell you what, the way we're going, we won't have any industries left here at all, because we will have either sold them to foreign interests or destroyed them, like the sugar industry and the dairy industry. All of these farming sectors are going under. It's like 'get big or get out'.</para>
<para>No longer do we have a way of life in this country where people can have a farm and know that they can look after their families. That's why the average farmer is 54 years of age and telling their kids to get off the land because there's no future for them. That's where we're headed, and that's all because of government policies. The National Party's supposed to be standing up and fighting for these people? I don't damn well see it. I wouldn't worry about how we're going to be in 2030; the farmers are shutting down now because they can't irrigate anymore, due to the cost of electricity. They are being absolutely devastated. I don't see any help for them whatsoever. You're talking about free trade agreements. Once our farming sector is gone, open up the floodgates, because we'll have all this product coming into Australia. A lot of it is absolutely rubbish. It's grown in human faeces and sewage. We talk about biosecurity in this country, where we force our farmers to have a decent standard of food production, yet we don't know what we're importing into Australia or what we are eating, and we don't protect our own farming sector. Biosecurity is going to be the next big problem here.</para>
<para>The unions are screaming at the Labor Party for actually going ahead and passing the TPP agreement, because they know it's not good for the workers. They are so right. The Labor Party, once they get in here and get their union fees and money from hardworking Australians—who can ill afford to pay the enormous costs of union fees on a weekly basis—come into this place and use the same old rhetoric. They think they're standing up for the workers of this nation; I don't see that whatsoever. These free trade agreements that they'll be passing here will lead to the destruction of hard workers. One Nation will keep fighting for them. I will ensure that there is a place for Australian workers. What have you done about the 457 visa holders coming into this nation? They were at their highest levels under the Labor Party, up to 130,000. All the coalition is doing is moving the goalposts around. The maritime engineers union, who are just about on their knees, can't get jobs for their own Australian workers, and are about to close down their training schemes in Newcastle and Fremantle. You can't support them, because we've got that many foreign workers on the ships here in Australia. You've got a lot to answer for.</para>
<para>The people don't know what to do. They put their trust into major political parties that they think are out there to look after them. If you pass this and you think that you're going to change it, you're lying to the Australian people, because you won't change it. You're going to be farcical and say, 'We're going to change it; we're going to put the amendments through,' but you know damn well your amendments will not get up in the lower house. Then you'll say, 'Well, we tried, but we didn't get it through.' Don't put it that way. Vote against it here on the floor of parliament. Show the Australian people, your supporters, the ones who voted for you and who trust and believe in you to make the right decisions for them. Don't support the TPP until you get it right. Make deals that are right for the Australian people first and foremost—not foreigners and not other people around the world—to ensure they have jobs and a decent standard of living. Look after your own people here, because they are screaming out for someone to stand up and speak for them.</para>
<para>Sitting suspended from 18: 29 to 19 :30</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>19:30</time.stamp>
    <name role="metadata">Senator GRIFF</name>
    <name.id>76760</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I rise today to briefly speak on the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and a related bill and on the issues which need to be addressed before the TPP comes into force. As my colleague and I mentioned previously in this chamber, the Centre Alliance is not opposed to free trade agreements; however, we cannot support this implementation of the TPP. There are legitimate interests which need to be balanced against free trade. More importantly the sovereignty and integrity of our democracy cannot be delegated lightly. Chapter 9 of the TPP agreement, which deals with investor-state disputes, is of particular concern. I cannot support legislation that allows foreign investors to affect the ability of the Australian government to regulate on matters of public interest. If the agreement proceeds in its current form, it is only a matter of time before we will be liable for actions brought through ISDS provisions. We need only quickly look back to the Philip Morris case for an example of how a trade agreement can affect Australia. Even though the Philip Morris case was dismissed at a preliminary stage, the process was time-consuming and very costly. More importantly, this case arose from plain-packaging laws, which were so overwhelmingly supported by the public.</para>
<para>Whilst this may well have been the first case brought against Australia due to a trade agreement—in this instance due to an obscure Hong Kong-Australia investment treaty—we shouldn't get too comfortable in believing that, because this case was dismissed, the chances of a successful ISDS case against Australia are low. We need to assume and be prepared that, if the ISDS provisions are there, they will be used. Despite statements from TPP advocates that there are many safeguards in TPP-11, the fact that foreign investors can sue for compensation in international tribunals and totally bypass our own courts shows how biased against Australia this treaty would be.</para>
<para>Worldwide there are currently 855 known treaty based investor-state arbitrations involving public interest laws. Many of these are health related. During the joint standing committee's inquiry, Dr Deborah Gleeson of the Public Health Association of Australia stated:</para>
<quote><para class="block">We know that there is potential for corporations to use the threat of an investor-state dispute settlement case to deter governments from going down the path of introducing strong new public health measures, and that is a major concern.</para></quote>
<para>One such potential issue is alcohol labelling. TPP-12 and TPP-11 both have provisions that any alcohol label from another country would not have to be changed if Australia implemented a requirement for health labelling. Instead the supplier would need only a supplementary label, which would not have the same prominence and, as some health experts have stated, could well deter governments from even considering implementing health warnings. Investment chapter article 9.16 contains five words—'otherwise consistent with this chapter'—which undermine what appears to be a safeguard and potentially give grounds for a dispute in a tribunal. Investment chapter annex 9-B, article 3(b), covering non-discriminatory regulatory actions, has the four-word get-out clause 'except in rare circumstances', which provides an incredible loophole for corporations to argue that their circumstances are indeed rare. These provisions have been used elsewhere, so it is highly likely that they will be used here in the future.</para>
<para>Another concern with the TPP is the provisions waiving labour market testing for contractual service suppliers. I simply could not support something that—in the midst of high rates of unemployment and low wages in Australia—would see jobs being filled by workers from overseas before first being offered to Australians. Labour market testing must occur in relation to contractual service suppliers entering or proposing to enter Australia, and these issues must be addressed before the TPP comes into force. We cannot rely on a promise that things will be fixed by the Labor Party after the fact. They must be addressed today.</para>
<para>Before I end this short contribution, I must make mention of the many—somewhat offending—suspended items in TPP-11, particularly those relating to patents. Why suspend? Why not remove them? Suspension means they can be re-enabled in the future with minimal effort and minimal consultation, something the overwhelming majority of us would not want to see happen.</para>
<para>To Labor, we will be supporting your amendment even though it means very little. It is obviously there to ease your conscience. If you truly care about the provisions you have flagged, now is the best opportunity to make them happen. Like us, oppose the bill until such time as these sensible changes are implemented.</para>
</speech>
<speech>
  <talker>
    <time.stamp>19:36</time.stamp>
    <name role="metadata">Senator WATERS</name>
    <name.id>192970</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I rise to speak tonight on the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and the related bill. It's kind of like a parallel universe, because here we are debating a deal that has already been signed and that already has appalling provisions in it, including these investor-state dispute relation clauses, or ISDS clauses, as they are known. We have already seen quite a bit of discussion about them in the chamber and for good reason: it's effectively a corporate takeover of democracy.</para>
<para>ISDS provisions will allow foreign governments whose profits are restricted by any laws that this parliament might then pass—whether those laws increase health outcomes for the community, whether they protect the natural environment or whether they guarantee cheaper medicine—any of those decisions that might affect the profit bottom line of foreign companies will then be able to be challenged by those companies. The sovereignty of our very parliament will be at risk from these ISDS clauses and we will see foreign companies and multinational companies with a greater ability to control the laws that this parliament makes than we will have ourselves. You could not find a more ludicrous example of law-making. You could not find a clearer example of a corporate takeover of democracy.</para>
<para>It's repulsive, and yet both sides of parliament have taken this hook, line and sinker. They are both completely fine to continue on with these ISDS provisions. Labor have previously made some remarks that, 'Jeez, we are not that keen on these ISDS clauses.' Well, where are you now? It is very, very disappointing to see that you, most of all, have rolled over on this. I don't buy it. I don't think anybody else buys that Mr Bill Shorten thinks he can unilaterally fix this. It is too late. The deal has already been signed. We are discussing this bill tonight. It will be too late to fix. He is not God. He cannot rewrite stuff just because he says he wants to. It doesn't work that way.</para>
<para>It is a great disappointment to us that Labor have backflipped on this. They are letting down Australian workers, who will be adversely affected by this TPP deal. They are letting down the natural environment, because there will be a chilling effect on bringing in any new laws that in any way lift our environmental standards and protect this very planet that sustains all life. And it will have a chilling effect on any other regulation that might restrict corporate profits. It's so offensive that we are now letting foreign multinational companies dictate our public policy. That is really not what the Australian people expect of us.</para>
<para>I want to talk about the fact that other countries have backed away from including these ISDS provisions for precisely the reasons that I've just outlined, and yet Australia somehow does not have the wisdom to do that, or at least the major parties don't have the wisdom to do that. People know, and it was even mentioned by the government earlier, that we have already been sued using these clauses under other free trade agreements. The Philip Morris case is an excellent example. They were suing us over the plain packaging laws that this country wanted to bring in. The only reason that we didn't lose that case was due to a jurisdictional quirk. It turns out they changed where the headquarters where, and suddenly the relevant free trade agreement didn't apply anymore. The Australian government got off on a technicality. It doesn't change the fact we were being sued by a cigarette company for trying to restrict them advertising to kill more customers, and we would have lost were it not for some quirk of them changing where their headquarters were based.</para>
<para>These provisions are dangerous, and that's exactly why the European Court of Justice has found that ISDS is 'fundamentally incompatible with national sovereignty'—which is exactly why the EU have said that they're not going to include these sorts of clauses in their free trade agreements. I don't know why the EU gets it and Australia doesn't. What's so confusing about the fact that we should be in charge of the laws that we make for the good of our citizens, not foreign multinationals and their profit bottom lines? I don't find it confusing at all. And I am a lawyer. I don't have great expertise in this area, but it's pretty clear to me that that is a dodgy deal for Australians.</para>
<para>I talked a little bit about labour market testing. My concern is that the TPP-11 will simply override any sort of local labour market testing that we might otherwise like to have. I think this deal really sells out Australian workers, and I share the disappointment of the union movement that the Labor Party has completely rolled over, once again—just folded to this government in this bizarre, small-target strategy that they somehow think will win them support at the election. Well, I've got a newsflash for you: the Australian people want conviction. They don't want this small-target strategy that signs up to whatever neoliberal agenda the government is trotting out from its dinosaur backbench; they actually want some vision and some policies that improve people's lives and that protect the environment. But it's up to you. You're meant to be the opposition, so maybe you should start opposing something sometimes.</para>
<para>The other thing I want to mention tonight in just a brief contribution is the effect on agriculture. I've just been out to Felton Valley in the beautiful, rich Darling Downs region of my state of Queensland, and this issue of the free trade agreement came up. These were mostly grain exporters that I was speaking with. They were concerned about the impacts of the free trade agreement, and they were concerned that their bottom lines, which are already being hit hard, might be further restricted—and they've got very good cause for that concern. I want to mention some statistics from some modelling commissioned by the folk that the government would perhaps normally listen to, including the Minerals Council, the Business Council and the Australian Chamber of Commerce and Industry—some of the larger businesses that this government might normally take its marching orders from. That modelling has found that, in fact, agriculture stands to make zero gains in exports under the TPP-11. Our grain exports would not change at all, and all other agricultural exports could actually decline. How is this meant to be a good deal for our farmers? What are the National Party doing about that? Not much, by the sound of it.</para>
<para>And manufacturing will shrink by two per cent under the TPP-11. Any increased exports would be completely offset by increased imports. In fact, there will be less than half a per cent of GDP added in a decade's time as a result of this deal. That's about 1½ days worth of income for the Australian economy after a decade. And wages, after a decade, would grow by only a miniscule amount—0.46 per cent, or about $10 a year in 2030. I don't know who's benefiting from this deal, but it's certainly not Australian workers, it's not agriculture and it's not the environment. And it's not the sovereignty of this parliament to make decisions about the future of our country and our citizens. So why did the Labor Party agree to just follow on the coat-tails of the government on this one? And why do they think people will buy the lie that they can fix it after it's already been signed? How thick do they think we are?</para>
<para>This is a dodgy deal, and I stand by the comments of our spokesperson on this issue, Senator Sarah Hanson-Young, who spoke in a very impassioned way on this topic earlier. It's a dodgy deal. It benefits no-one except foreign corporations and big business—the very same groups of folk that make generous donations to both major parties, and also to the National Party. One wonders whether that's why we're in this position. This is a deal that benefits big business. Big business then goes on to contribute generously to the re-election coffers of the other political parties in this joint and—hey, presto!—they're all happy; everyone wins except you, dear public.</para>
</speech>
<speech>
  <talker>
    <time.stamp>19:44</time.stamp>
    <name role="metadata">Senator GEORGIOU</name>
    <name.id>269583</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I rise to speak on the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and the related bill. Although there may be benefits for Australia and Australian produce in the long term, there will definitely be issues with the introduction of the TPP.</para>
<para>Lower tariffs for Australian exports enable our products to become cheaper and more competitive in overseas markets. We are competing with the United States in the Japanese market with our beef, for example. Japan is Australia's largest export market for beef, accounting for one-third of all export sales generally. Although we may get cheaper products from overseas, we must always be mindful when importing any agricultural produce from other countries to ensure the strictest of our biosecurity rules are in place to protect the unique Australian environment. We are proud that Australia's produce and agricultural products are clean and free of disease. This remains the major selling point for our agricultural products in overseas markets.</para>
<para>As an example, under the Japan-Australia Economic Partnership Agreement, JAEPA, Australia will continue to face high tariffs and limited quotas on Japanese-sensitive products. Under JAEPA, dairy products face ad valorem tariffs ranging up to 40 per cent and further specific tariffs. Beef tariffs, which are significantly reduced under JAEPA, could still be as high as 23.5 per cent after 15 years, down from 38.5 per cent. Other tariffs are still applied on wheat, barley, rice and sugar, and a range of tariffs also remain on other Australian interests in horticulture and seafood. My question, therefore, is: how could the TPP bring down tariffs for our producers and is it actually worthwhile?</para>
<para>I am further concerned about job losses where employers would be able to hire temporary migrants from six additional partner countries without first advertising these jobs to Australian workers. This is what the Labor and Liberal parties are supporting. TPP-11 will allow temporary workers from Canada, Chile, Japan, Malaysia, Mexico and Vietnam to work in Australia. These workers will be tied to one employer and be more vulnerable because they can be deported if these lose their jobs. We repeatedly witness exploitation of temporary migrant workers—in particular, those from non-English-speaking countries.</para>
<para>Other major issues include the investor-state dispute settlement—or ISDS—clauses. In the TPP-11 they'll allow foreign investors to sue the Australian government if they incur a loss of profits due to changes in domestic laws, such as labour regulations. Recent ISDS cases included cases against health, the environment and other public interest legislation. On public health, the Swiss pharmaceutical company Novartis sued the Colombian government over plans to reduce the price of a patented medicine to treat leukaemia. On workers' wages, a French company, Veolia, is suing the Egyptian government over a contract dispute in which they are claiming compensation for a rise in the minimum wage. On privatisation, Mexican transport company ADO has threatened Portugal with a 42 million euro ISDS case after it cancelled plans to privatise part of Lisbon's public transport network. Although tobacco control regulations are excluded from the TPP-11, ISDS could be used by other foreign investors to sue the Australian government over health, environment, labour and other public interest laws.</para>
<para>I am also asking the government why they are so reluctant to accept the Productivity Commissioner's offer to perform an economic analysis of the TPP's effect. According to the CBA, a report released by the World Bank in January 2016 analysed the effects of the TPP and said that other members of the TPP stood to gain a lot more than Australia, stating that Vietnam's economy would be 10 per cent bigger by 2030, Malaysia's would be eight per cent bigger, New Zealand's would be three per cent bigger and Singapore's would be three per cent bigger. Australia's economy was forecast to grow a mere 0.7 per cent by the year 2030. This is a very dodgy deal and this is why One Nation will not be supporting this bill.</para>
</speech>
<speech>
  <talker>
    <time.stamp>19:49</time.stamp>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I rise to make a contribution to this debate on these particular bills, the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and the Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018. It's not the first time that I've spoken on the failures of the TPP or against the TPP. Given the danger that it poses to this country's sovereignty, the danger that it poses for our labour workforce and labour market, and the very real danger that it poses to our environment and our economy, we do not support this legislation.</para>
<para>I come from a background—it's now getting on for quite a while ago—of the environment movement, where we fought long and hard to get better environmental regulation in this country. But under this process you can kiss some of that good environmental legislation and regulation goodbye. We've just had the most severe warning that we've ever had about the impacts of climate change on this planet. We are basically cooking this planet. So, if Australia in the future actually brings in much more effective legislation to protect our planet and to deal with climate change, such as an emissions trading scheme, better emission controls or a carbon price—or even legislation on land clearing if that were going to hold up a development, for example—that may be of interest to one of those multinational corporations. We don't even actually need to be taken to court, because what will happen is there'll be a chilling effect on the regulatory process in this country: the regulators and the government of the day will be too scared to make regulation change because they may be taken to court through the ISDS processes.</para>
<para>What this legislation does, and what the TPP does, is hand over control not to consumers or to workers, because they lose out, but to multinationals. Unelected, faceless multinationals will be making decisions that affect every single one of us in this country. That will put a chill on regulation. It will put a chill on any actions this country wants to take around climate change. I know a number of my colleagues have mentioned this, but the EU is no longer supporting ISDS mechanisms. New Zealand has had the guts to do side letters so there's an agreement that they won't be affected by these ISDS provisions.</para>
<para>Oh, but it's okay; if Labor gets into government they're going to save us from it! Anybody who believes that they'll do that has rocks in their head, because they'll find they won't be able to do that. I'm not accusing them of not having the intent or of not wanting to do it, but why support this flawed legislation with those provisions not in there and with those ISDS provisions still standing? Why would you support the legislation and not fix it now? It is because they don't want to have a cigarette tissue's difference between themselves and the government on this particular issue; they don't have the guts to stand up for protection for our environment and for our medical and pharmaceutical processes here in this country. They'd rather not be seen to be any different from the government on this particular issue.</para>
<para>We continue to have very serious concerns around what those provisions will mean for our environment and also for our labour market testing and our labour market in this country. This TPP commits Australia to accepting unlimited numbers of temporary workers from Canada, Chile, Japan, Malaysia, Mexico and Vietnam. These workers will be spread across a wide range of professional, technical and skilled trades occupations. And it doesn't require that there be any labour market testing to establish whether there are local workers available first. The government are saying on the one hand, 'There are too many unemployed people in this country, and they need to get out there and find work, and we'll punish you if you don't,' but on the other hand they are saying: 'It's okay to bring in all these temporary workers without doing any labour market testing beforehand.' This weakens our domestic labour market and is more than likely leading to exploitation of temporary workers. That seems like a lose-lose to me. Migrant temporary workers will remain tied to one employer for the course of their time in Australia and face deportation if they lose their jobs for any reason. Australia has benefited greatly from the contribution of migrant temporary workers, and they perform a vital role, but we have a right to expect that migrant workers will not be brought to Australia to fill roles that unemployed Australians could fill, without even trying to see if that is a possibility—particularly if Australians who already have those skills and experience are living in the same area and looking and ready for work.</para>
<para>The Fair Work Ombudsman reported that temporary visa holders accounted for one in 10 complaints to the agency in 2015. These risks of exploitation are not hypothetical; they are happening right now. I have relatives who work in the building industry who tell me endless accounts of that very exploitation and the work that unions do to ensure temporary workers truly get the money they are due. Modelling since the US withdrew from the TPP negotiations is very thin on the ground, but modelling prior to their withdrawal shows a very thin increase of 0.6 per cent in Australia's GDP after 30 years. This represents growth of between zero and 0.1 per cent a year—somewhere between nothing and a rounding error.</para>
<para>A separate study of the TPP-12 by academics at Tufts University in the US found that job losses in Australia would total 39,000 over 10 years. According to September 2018 economic modelling commissioned by Australian big business—including the Minerals Council, the Business Council, the Food and Grocery Council, the Australian Industry Group, the National Farmers' Federation and others—Australia's agriculture stands to make zero gains in exports under TPP-11. As my colleagues Senator Waters and Senator Hanson-Young have pointed out, grain exports would not change at all under TPP-11, and all other agriculture could actually decline under TPP-11. So it's great for agriculture—not! Durable manufacturing will shrink in Australia by two per cent under TPP-11. Any increase in exports could be completely offset by an increase in imports. TPP-11 will add less than 0.5 per cent to GDP in a decade's time, or around 1½ days worth of income to the Australian economy. On wages, the report is brief, but it states that wages would only grow, after decades, by the minuscule amount of 0.46 per cent a year, or less than $10 a year, to 2030 when we already have an appallingly low growth rate in our wages in this country.</para>
<para>The economic benefits are not there, and we would basically have multinationals put in charge of this country. If we pass regulation they don't like, what we're saying to them is that it's okay to take us to the cleaners as a country, as a nation. As I was saying earlier, we just won't regulate for these extremely important issues—and that's given that this country actually had leadership from the two old parties on climate change where we would see real legislation being put in place. I know I'm making a huge assumption there, but I'm always optimistic that we will in fact achieve good climate policy in this country. Our workers lose out, our farmers lose out, our economy loses out, consumers lose out and the environment loses out. It seems to me that this is a dud, it's not worth supporting, it shouldn't be supported and it should be thrown out and not passed by this chamber. We will not be supporting this legislation.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:00</time.stamp>
    <name role="metadata">Senator LEYONHJELM</name>
    <name.id>111206</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I rise to speak in support of two bills, the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and the Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018, that will implement Australia's obligations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, known as the TPP-11 for short. It's a free-trade treaty involving 11 countries. The treaty was originally negotiated when it included America. When President Trump decided to withdraw, probably because he'd been listening to the Greens, it left 11 members: Brunei Darussalam, Canada, Chile, Japan, Malaysia, Mexico, Peru, New Zealand, Singapore and Vietnam, along with Australia. Despite America's withdrawal, the treaty is largely unchanged. The TPP-11 will enter into force 60 days after the date on which at least six, or 50 per cent of the number of signatories, ratify it. It has already been ratified by Japan, Mexico and Singapore. More are expected to ratify by the end of the year or close to it. It will soon take effect.</para>
<para>Many countries are aware of the benefits of free trade agreements. A number are already showing an interest in joining the TPP-11. Even China is thinking about it as a possible counter to increasing trade barriers with America. The TPP-11 is a step towards realising the long-term vision of a free trade area in the Asia-Pacific. It is absolutely in the interest of Australians for more countries to join and for Australia to ratify the agreement. Free trade is an unqualified good. There are no circumstances in which it is not. Restrictions on trade hurt both sides of the trade equation, sellers and buyers. In the end, trade occurs only when it's voluntary and mutually beneficial. Ideally, free trade would occur without agreements. Australia's barriers to free trade hurt only Australians.</para>
<para>Since the world seems to think there has to be an agreement between countries before something that benefits both of them is allowed to occur, free trade agreements are increasingly common. Bilateral free trade agreements are okay as far as they go—better than nothing, perhaps—but multilateral trade agreements are far superior. They establish a broader base of trade in which multiple countries are all operating by the same rules. Australia has existing free trade agreements with some of the TPP-11 parties, but they've not fully addressed the barriers and restrictions in those markets and they limit the extent to which our goods and services exports can expand.</para>
<para>In addition, Australia does not have FTAs with Canada or Mexico, and our exporters are disadvantaged due to existing FTAs between these countries and our competitors. Canada and Mexico in particular provide significant new opportunities, because Australia has underdeveloped economic relationships with both of these G20 economies. The TPP-11 presents an opportunity to address both these issues. Through the FTA with Japan, Australia has secured increased access for many products already, but it continues to face high tariffs on, and quota limited access to, Japan's sensitive products. In dairy, products face tariffs of up to 40 per cent. Beef tariffs, while reduced, are still quite high, at up to 23.5 per cent after 15 years. Wheat and barley face tariffs. Rice is subject to a big tariff. Sugar, similarly, faces a high levy. A range of tariffs also remain on other Australian interests in horticulture and seafood.</para>
<para>Australia has two existing FTAs with Malaysia, the ASEAN-Australia-New Zealand Free Trade Agreement and the Malaysia-Australia FTA. Nonetheless, Australia still faces tariffs and quota-limited access into Malaysia on beer, wine and other alcoholic beverages. Pork faces tariffs of 25 per cent or 50 per cent. Liquid milk has tariffs of 20 per cent and 50 per cent. Australia has an existing FTA with Vietnam. However, that agreement did not eliminate Vietnamese tariffs on a range of products of interest to Australia, which include petroleum, which faces a tariff of 20 per cent; iron and steel products, on which tariffs are as high as 40 per cent; beer, where the tariff is at 47 per cent; wine, at 56 to 59 per cent; and spirits, at 55 per cent.</para>
<para>With regard to China and Canada, Australia faces a wide range of tariff barriers. We have no FTA agreement with either of those countries, as I mentioned. Access into the Canadian dairy market is currently significantly limited by quotas and high tariff arrangements. That's something, in fact, that provoked President Trump to threaten to pull out of the NAFTA agreement. Canada has agreed to renegotiate that, with America agreeing to re-sign it because Canada has reduced some of those barriers. Tariffs on dairy products range up to 369 per cent. There are also tariffs of 94 per cent for barley and tariffs of 20 per cent on wine, industrial products and so on. Those tariffs are largely eliminated for Canada's other FTA partners, of which Australia obviously is not one.</para>
<para>To finish this point: Mexico has tariffs of up to 67 per cent on wheat, 115 per cent on barley, 125 per cent on dairy, 25 per cent on beef and 20 per cent on wine. On industrial products, Mexico's tariffs can range from 15 to 30 per cent for automotive parts or mining equipment. They are key barriers faced by Australian services exporters and investors in TPP-11 countries as well. Service exports and investors are reduced as a consequence. Once the TPP-11 takes effect, most of these tariffs, quotas and barriers will either be removed or become negligible over time. Of course, Australia has very few remaining tariffs. However, to the extent that they remain, they will also be removed. This will be good for Australians, who will pay lower prices on imported goods and services.</para>
<para>The Liberal Democrats support free trade—that is, we support the free movement of goods, services and capital. Our support is without qualifications, apart from legitimate biosecurity precautions. I do mean legitimate concerns, not the confected concerns of those trying to keep out competition. In principle, we also support the free movement of labour, but, as the great libertarian Milton Friedman famously pointed out, you can't have unrestricted immigration while you have a welfare state, so we acknowledge a need for limits on it. What we don't support is so-called 'fair trade', unless we get to decide what 'fair' means. If anyone else decides, it won't be fair. What we might mean by fair is maximum choice in terms of quality and price for the benefit of consumers. It does not mean propping up businesses that can't compete; that's what others think fair trade means. Australia's suppliers of goods and services are generally world class and internationally competitive. Those that aren't, do not deserve to be protected. It is not the business of the government to keep uncompetitive businesses in business.</para>
<para>Finally, on the ISDS issue, I do not accept that this is a problem. In fact, it is Australian businesses that will benefit the most. Some countries simply don't have the legal structure to enforce contracts. The ISDS process ensures there is a rules based system that they can use. Australia does have a rules based system; it has independent and properly functioning courts. It's unlikely that it will ever be called upon within Australia but, for Australian exporters, the ISDS process provides them with commercial certainty. These two bills should pass. The TPP-11 is a good thing for Australia, and there should be more of it.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:10</time.stamp>
    <name role="metadata">Senator RICE</name>
    <name.id>155410</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I'm very pleased to be able to rise to speak to oppose these two TPP bills, the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and the Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018. This legislation is appalling. It is atrocious. It is so damaging to Australia on so many grounds. We have been debating Trans-Pacific Partnership legislation for many years. We haven't yet signed off on a TPP agreement. It's no surprise, because it has been hugely controversial for many years. This latest iteration of the TPP agreement is just as bad as those that we have been debating over years and years.</para>
<para>This is fundamentally bad legislation. On the grounds that this is going to be a wonderful economic bonanza, we are being asked to trash too many things that Australians hold dear. Australians are having the wool pulled over their eyes, because they do not know what is in this legislation. It is a bad deal for ordinary Australians right across the country. It's a bad deal for workers. It's an appalling deal for our environment and for our future. But, of course, it's a good deal for the big multinational corporations, who are already taking Australia for a ride. That's the nub of it. That's why this legislation is being moved through this parliament. That shows who has the power. It's not the ordinary Australians, it's not the workers and it's not our environment or our future. It's the profits of these big multinational corporations that are dictating this legislation to the government and, very sadly, to the Labor Party. The really sad thing is, when you look at the evidence about the supposed economic benefits that are going to flow through to us, they are actually totally illusory: it's not even good for our economy. We've come to expect such bad legislation from this right-wing government that we've had to put up with for the last five years. We've come to expect that this right-wing government is in the pockets of these big multinational corporations. But it is very sad and it is very disappointing to see that the Labor Party have kowtowed to these same interests.</para>
<para>This legislation is also being supported by Labor. But, as we know, it's actually only being supported by part of Labor. We know that there are many ALP members, including senators in this place, who have vehemently protested about this legislation, who know the damage it's going to cause to the country and who are vehemently against this deal—but they've lost. They've lost in the Labor caucus. That's because of the numbers in the Labor Party and those people in the Labor Party who are also in the pockets of the same big corporations—who benefit from the same revolving doors; who do the bidding of the coal, gas and oil lobby; who do the bidding of the big pharmaceutical companies; and who do the bidding of the big agribusinesses. Sadly, those people in the Labor Party have won, and that shows you the state of the Labor Party today. You cannot rely on them to be doing what they say they're going to do—standing up for workers, standing up for our environment or standing up for the interests of ordinary Australians. No, they are happy to sell them out because of the pressure from those big multinational corporations and their shareholders.</para>
<para>The Greens support trade. We are an island nation. We cannot put up the shutters to the rest of the world. We rely on trade. The Greens support the exporting and importing of goods. But it needs to be fair trade. We don't have to tie ourselves to every trade agreement that comes along without proper scrutiny and without fierce negotiation—and on this trade agreement the negotiators have failed. This agreement is not in the interests of Australia.</para>
<para>Let's talk through its problems. Trade can sound very complicated. In fact, I know that the average Australian, when you start talking about trade deals, when you start talking about investor-state dispute settlement provisions, turns off. They think: 'Oh no, it's too complicated. We'll just leave it to the government to sort it out.' But they can't do that. Today the big news, which I heard just as I was coming in here, was that the Duke and Duchess of Sussex are expecting a baby. That was in the headlines and the notifications from <inline font-style="italic">The Guardian</inline> and <inline font-style="italic">The Age</inline> that came through on my phone. That's the sort of stuff this government is hoping will pique the interests of ordinary Australians. But let's not get them thinking about the TPP! Let's not get them thinking about what is going on in this chamber tonight! Trade can sound complicated, but what people need to realise is that it impacts on everyday decisions, on everyday activities, on the everyday wellbeing of ordinary Australians—much more than whether the Duke and Duchess of Sussex are having a baby.</para>
<para>There are two reasons, fundamentally, that this is bad legislation—two big areas where it fails. One is the inclusion of the ISDS provisions. The second is the lack of labour market testing. Let's talk about the ISDS provisions. Fundamentally, why we have been debating the TPP over many years is because of how appalling a deal it is for Australia to have ISDS provisions. These ISDS provisions strike at the heart of our democracy, of our ability to make decisions about what's in the interests of Australia, our environment and our future. ISDS provisions expand the right of multinational corporations based on legal concepts that are not recognised in our national system, and they offer advantages that are not available to domestic investors. That means that, where you've got ISDS provisions within a trade deal like this, those big multinational corporations—which I know are not making decisions based on what's in the interests of ordinary Australians; they are making decisions on what's in the interests of their shareholders and their owners—can sue governments who are making decisions that they have decided are in the best interests of their citizens and their environment.</para>
<para>It's not just the Greens scaremongering and saying, 'This is a problem.' There is already so much evidence in the public domain—hard evidence, hard examples—where ISDS provisions have been used by corporations to sue governments.</para>
<interjection>
  <talker>
    <name role="metadata">Senator Birmingham</name>
    <name.id>H6X</name.id>
  </talker>
  <para>Name one, here in Australia.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator RICE</name>
    <name.id>155410</name.id>
  </talker>
  <para>Yes—Australia, with Philip Morris. We battled in the four years under ISDS provisions over plain packaging laws.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Birmingham</name>
    <name.id>H6X</name.id>
  </talker>
  <para>A successful one.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator RICE</name>
    <name.id>155410</name.id>
  </talker>
  <para>Yes, that case resolved in favour of Australia. It was only because the tribunal ruled that it had no jurisdiction to hear the case. And a huge amount of money was spent fighting that. The tribunal didn't say, 'No, the corporation hasn't got the right to do that.' No. It ruled that it had no jurisdiction to hear the case, not that the corporation was told that it didn't have the right to do it.</para>
<para>So, that was the Australian example, but there are so many other examples, and I know that my colleagues have already been through many of them tonight. But it's worth going through some of them. In 2016 the Swiss pharmaceutical company Novartis filed an ISDS dispute against the Colombian government over the government's plans to reduce prices on a patented treatment for leukaemia. Then there are the examples of 2017, where the Canadian Bear Creek Mining Company was awarded $26 million from the Peruvian government because it cancelled a mining licence when it realised that the company had failed to obtain informed consent from Indigenous landowners. So it followed through on its requirements to get that consent and to make good, quality decisions in the interests of the Peruvian people, and they were sued by a Canadian company to the tune of $26 million. And they had to fight that case as well. They had to spend millions of dollars to fight that case in the international courts. And we know there was a case in 2015 where a US company won millions because its application for a quarry development was refused for environmental reasons. It won millions of dollars because those environmental controls and that legislation went against the interests of that multinational corporation.</para>
<para>That's the problem with ISDS provisions, which is why they are extremely controversial and why the European Court of Justice made decisions in 2017 and 2018 finding that ISDS was fundamentally incompatible with national sovereignty. Consequently, in any trade deals that the European Union are making, they are not proposing any form of ISDS. We know that New Zealand doesn't support ISDS provisions in its trade deals, and Australia should not support those provisions. We've got the Labor Party saying, 'We don't support them either, and we're going to negotiate after we've signed the deal to get rid of them.' Come on! They're in cloud-cuckoo-land. They are not going to be able to do that. If the Labor Party are serious about not wanting ISDS provisions in the TPP, then they have to vote against this legislation. Otherwise they are trying to fool the Australian public and pull the wool over their eyes.</para>
<para>We know that you don't even have to go down the track of actually being taken to court. Just having the ISDS provisions hanging over the heads of governments—including Australian governments—creates that regulatory chill. It causes governments to delay or reconsider regulations and legislation, particularly environmental legislation, labour legislation, and health and safety regulations. It actually makes governments step back and say, 'Oh, I don't think we can change that because we might be sued under ISDS provisions.' Think about some of the legislation that needs to be changed in Australia, and the fact that having ISDS provisions would put us at risk of being sued. Think about the huge issue of the climate emergency that we are facing, in relation to which the IPCC said last week we need to take drastic action: that we need to reduce our carbon emissions to keep the planet to only half a degree warmer than it is now, and that we need to have drastic controls to rapidly get out of fossil fuels and rapidly increase the use of renewable energy. But, if we were to take the type of actions that are required, such as a price on carbon, an export tariff on coal, extra provisions to support the rapid take-up of 100 per cent renewable energy or an expansion of the Renewable Energy Target—the whole suite of policy measures that the Greens support that are going to be needed for Australia to play its role in reaching a zero-carbon economy—all of those actions would put us in the position of potentially being sued for changing our legislation.</para>
<para>If we think about our mining industry, we know that there is huge domination by multinational corporations of our mining activities in Australia. The Senate environment committee is about to report on our inquiry into rehabilitation of mining sites. I won't pre-empt what our report says before we table it this Wednesday, but I can tell you that it recommends some changes to the way mining operations happen in Australia. We need to have more controls. We need to make sure that mining companies are much better regulated, so we don't end up with the huge legacy problems of environmental disasters from abandoned mine sites, such as have occurred in the past.</para>
<para>These measures that legislation could put in place, following the recommendations of our Senate committee, are just the sort about which international mining companies, just like that Peruvian mining company, could say: 'Oh, no, we don't like the fact you're doing that. You are making life that much harder for us. You are going to be reducing our profits because we are going to have to spend more money in order to put more environmental controls into place.' We know that we would be opening ourselves up to extra litigation and to being sued. This is the fundamental and really dangerous road that we are going down by signing off on this Trans-Pacific Partnership with these ISDS provisions.</para>
<para>The second area of work is the fact that this legislation that we are being asked to support doesn't include provisions for any labour market testing and that the TPP-11 commits Australia to accepting unlimited numbers of temporary workers from Canada, Chile, Japan, Malaysia, Mexico and Vietnam. Again, although the Labor Party might say, 'We'll change that afterwards,' they will not be able to. They are kidding themselves and the Australian people if they think they're going to be able to change and renegotiate this after it's signed. These workers will be spread across a wide range of professional, technical and skilled trades occupations. The agreement does not require that there be any labour market testing to establish whether there are local workers available first. It will weaken our domestic labour market and exploit temporary workers at the same time. We know the problems with having a lot of temporary workers coming in and being tied to one employer. I was on the Senate inquiry that looked at temporary work visas. We know that it opens things up for exploitation of those very workers as well as denying Australian workers jobs. Those migrant workers remain tied to one employer for the course of their time in Australia and they face deportation if they lose their job for any reason.</para>
<para>Again, we are not against having migrants coming to this country and migrants working in this country, but there needs to be controls over it. We do not need to have a situation where there are unlimited numbers of temporary workers who would be available and able to come to Australia to fill these jobs without any labour market testing first. The Fair Work Ombudsman reported that temporary visa holders accounted for one in 10 complaints to the agency in 2015. These risks of exploitation are not hypothetical; they are happening right now. If, by signing this agreement, we open the door to vastly more numbers of temporary workers, that exploitation is going to continue to occur because it's structural. Where you have a temporary worker coming in and being tied to one employer, that employer has incredible power over that worker. That employer can say: 'You've got to do that, even though you think it's unsafe. You are going to work longer hours. You are going to be working in unsafe conditions.' If the worker dares to complain then he or she are out on their ear. The power imbalance means this is an inevitable aspect of having temporary workers coming in under these sorts of arrangements.</para>
<para>Finally, we have these huge problems, so why are we doing it? Supposedly it's because there will be huge economic benefits. I know my colleagues have gone through the complete lack of evidence as to what the economic benefits are going to be. If we sign up to this, after 15 years we're going to have an increase in our GDP of 0.6 per cent. That represents growth between zero and 0.1 per cent per year. That is absolutely less than a rounding error. It's somewhere between nothing and a rounding error. Then, as my colleague Senator Siewert has told us, the modelling shows job losses in Australia would total 39,000 after 10 years.</para>
<para>This is a shocking agreement. It's a shocking agreement that the government is putting up and it's shocking that the Labor Party are trying to ram it through as well. It's one of the most shocking agreements in a generation, and it's one so bad that there are many Labor MPs who think it's a terrible idea. It shows that the Labor Party, as well as the government, cannot be trusted to stay true to their values. The Labor Party say they will remain true to workers and then they sell them out to do a deal with the government over the TPP. The Labor Party say they care about the environment but then they refuse to condemn the climate bomb that's Adani. The Labor Party say they support refugees but then they are happy to keep on working with the government to lock children up in overseas detention. Right now, we have a situation where the big corporations are dominating and dictating to the government and also to the Labor Party what's happening. So, right now, the community needs more Greens in the Senate to keep both of these parties to account. We will not let the government and the Labor Party do what they want. <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>20:30</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I am very pleased to rise to speak on the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018, which amend the Customs Act 1901 to implement elements of Australia's obligations under the Comprehensive and Progressive Agreement for Trans-Pacific Partnership 11, the CPTPP. I rise to speak noting that my colleague Senator Reynolds, who handles customs matters, will rightly conclude the debate. I also rise following the contribution by Senator Rice. Senator Rice could have done well to have (a) read the legislation before, (b) looked more closely at the terms of the TPP-11, (c) looked at the history of the benefits that have flowed from more open trade and access arrangements around the world or (d) listened to the opinions of Australia's farmers, businesses and others. But she, of course, is not alone in terms of the types of errant and incorrect contributions we've heard from the crossbench in the debate.</para>
<para>What I would like to do today is speak to the two bills in front of us but also, more broadly, the benefits of the TPP-11. The TPP-11 is one of the most comprehensive trade deals ever concluded, and, in doing so, it will eliminate more than 98 per cent of tariffs in a trade zone spanning parts of the Americas and Asia, with a combined GDP worth $13.8 trillion. Australians farmers, manufacturers and services exporters will benefit from new market access in terms of opportunities and economies with nearly 500 million consumers. It will provide better access for farm exporters, including beef and sheepmeat producers, dairy producers, cane growers and sugars millers as well as cereal and grains exporters. There will be new opportunities for our rice, cotton and wool growers, horticultural producers and wine exporters. That's why we have seen groups such as GrainGrowers, the Export Council of Australia, the Red Meat Advisory Council, the Winemakers' Federation of Australia and the National Farmers Federation all come out in support of the timely passage of these bills this week. They can see the benefits of Australia's involvement in this landmark agreement. They are the voices who, if those on the crossbench don't wish to listen to the government, the crossbench ought to be listening to.</para>
<para>The crossbench should also to be looking at modelling undertaken by economists from Brandeis International Business School and Johns Hopkins University, who quantified the benefits and showed that Australia is forecast to see some $15.6 billion in net annual benefit to our national income by 2030—annual benefits! This follows earlier modelling by the Peterson Institute for International Economics, which found the TPP-11 will boost Australia's national income by 0.5 and boost exports by four per cent. These gains are real gains; they are gains on top of what is already an incredibly strong economy. And they're boosts to our nation's economy and our income, which means there will be more jobs, higher wages and greater investment into further areas of business and jobs growth.</para>
<para>Let me give an example of how the TPP-11 will give our farm exporters an advantage over some of our toughest competitors. Within two years, Australian beef exporters under the TPP-11 will face tariffs 13 percentage points lower than the United States' competitors into the multibillion dollar Japanese market. That's a tariff advantage that will continue to widen over subsequent years. Our manufacturers also benefit from the elimination of tariffs on industrial goods. Our services exporters will have access to liberalise and improve regulatory regimes for investment, notably in mining and resources, telecommunications, and financial services.</para>
<para>TPP-11 is a comprehensive and truly next-generation trade agreement. For the first time in a trade agreement, TPP-11 countries will guarantee the free flow of data across borders, for service suppliers and investors, as part of their business activity. This movement of information or data flow is relevant to all kinds of Australian businesses—from hotels relying on an international airline reservation system to a telecommunications company providing data management services to businesses across a number of different TPP-11 markets. It's important to note in that context, though, that TPP-11 governments retain the ability to maintain and amend regulations related to data flows but have undertaken to do so in a way that does not create barriers to trade. This is the type of sensible balance that we seek to create in a world of free flowing of data to make sure that the protections that governments rightly put in place to protect the privacy of individuals or businesses are safe, strong and sound but that, equally, they don't inhibit the operation of businesses across borders or indeed the business opportunities created by such data flow.</para>
<para>TPP-11 also creates Australia's first free trade agreement with Canada and Mexico, giving Australian exporters preferential access to two of the world's top 20 economies for the first time. In 2016-17 nearly one-quarter of Australia's total exports, worth nearly $92 billion in 2017 terms, went to TPP-11 countries. The forthcoming entry into force of the TPP-11, we hope, will be a significant moment for open markets, free trade and the rules based international system. This is not just significant in terms of the opportunities that it provides in direct terms to Australia's farmers and businesses but also significant at this time, when the value of our longstanding international rules based approach to trade is being questioned. We see in the headlines, on a regular basis now, talk of trade wars and trade conflict. We see circumstances in which some countries appear to be rolling back the opportunities for goods to be sold to each other at lowest cost and the economic benefits that flow from that.</para>
<para>Our approach here in Australia has had—and in the passage of this legislation continues to have—bipartisan support. The TPP-11 is another demonstration of Australia supporting open, liberalised markets in the Asia-Pacific and around the world more generally. It's another example of Australia's support for rules based international trade that provides businesses and consumers with certainty and provides an environment in which we can see strong economic growth as we have seen to date.</para>
<para>It's important to note that the achievement of the final TPP-11 deal was far from guaranteed. When the United States withdrew from the original TPP in early 2017, the prospects of the groundbreaking deal being realised were far from certain. For Australia and its TPP partners, it was a test of resolve and judgement. There were those, including some here in Australia, who called loudly for everybody to give up. There was certainly no guarantee of success. Had we retreated, as some had called for, there would have been no new historic access to the Canadian market for our grain, refined sugar and beef exporters and no new access to the Mexican markers for our pork, wheat, sugar, barley and horticultural producers, or for our education service providers. There would have been no improved access to the Japanese market for our beef, wheat, barley and dairy exporters, and no improved access for our wine producers in the Vietnamese, Canadian, Mexican and Malaysian markets.</para>
<para>Thankfully, the Australian government—our Liberal-Nationals government—and our trading partners, led in particular by Japan, pressed ahead. I pay particular tribute to former Prime Minister Malcolm Turnbull and former trade minister Steven Ciobo for their work in ensuring that Australia remained resolute in working with those partners and in showing leadership, with Japan, to get to this outcome. As a consequence, our global trading system will be stronger with the coming into force of TPP-11 than would have been the case in the environment of uncertainty elsewhere in the world.</para>
<para>We are creating a beacon for nations who want to work within a rules based framework that is complementary to the global architecture provided by the World Trade Organization. We want the TPP-11 to grow in membership and we welcome other nations who wish to engage in discussions to join this trade agreement—nations who come to the table with the same principles of ambition and the same aspiration for a comprehensive agreement, which the TPP-11 is. We don't want the TPP-11 to be an exclusive, inward-looking bloc. We welcome the interest in TPP-11 shown by nations within and outside the Asia-Pacific. Given the significant contribution the TPP-11 will make to our trading future, it is important that Australia and its TPP partners reap the benefits of the deal as soon as possible.</para>
<para>The TPP-11 will enter into force 60 days after the first six member countries complete all necessary ratification procedures. To date, three nations—Mexico, Japan and Singapore—have ratified the agreement, and a number of other countries, including New Zealand, Peru and Canada, have indicated that they will ratify in coming months. The passage of this legislation positions us to be amongst the first to benefit from this trade agreement, and our government will be progressing this agreement through to ratification as quickly as possible. If Australia and five other countries can complete ratification before the end of October, then the TPP-11 will enter into force before 31 December this year. There's a particular benefit to that. It means that there will be two opportunities for tariff reduction in quick succession, the first occurring on entry into force and the second occurring, then, on 1 January 2019.</para>
<para>But, just as there are significant opportunities stemming from the ratification of this agreement, there are risks in the event the agreement cannot be ratified by Australia quickly enough. If TPP-11 were to enter into force this year without Australia, then our exporters would be at a significant competitive disadvantage. For example, New Zealand and Canada would gain superior access to the Japanese beef and dairy markets, better access to the Japanese cheese market and improved access to wine markets in Mexico. Now is not the time to stall or delay this landmark agreement. We would be doing Australian farmers and businesses a serious disservice if we did not lock in the benefits of this trade deal and did not ensure that they got the double benefit of ratification this year, and we would be denying the nation the estimated $15.6 billion in net annual benefits to national income by 2030.</para>
<para>While there are real upsides to ratifying the TPP-11, there are potentially even greater downsides to it not being ratified quickly enough, as competitors would get that advantage over our farmers and businesses in those key markets.</para>
<para>The TPP-11 offers significant advantage for our exporters, but these would become risks if our efforts were to be stalled in this place by naive amendments that would potentially block ratification. The risks are not limited just to agriculture. Australian businesses operating in a regional supply chain that includes TPP-11 countries will see their competitors gain a competitive advantage that comes with the early elimination of tariffs. Those who want to play an isolationist card by delaying, blocking or unpicking this agreement should listen to the farming and business representatives who are, instead, urging its swift ratification. Proposals for sunset clauses or delays would have placed the Australian government at a point of noncompliance with the TPP-11 and would unnecessarily delay the entry into force for Australia, with all of the detrimental consequences that I've just outlined. While some may put this forward as a favourable proposition, I doubt very much they would have the same attitude if another state tried to impose the same change of terms upon us. No state can faithfully claim to be in compliance with an international treaty if the implementing legislation requires further negotiations which seek to alter the terms of those agreements.</para>
<para>I want to quickly turn to a couple of the louder complaints made about the TPP-11—indeed, about trade agreements generally. Contrary to some claims here today, the investor-state dispute settlement mechanism in the TPP-11 will provide valuable protection to Australian investors overseas and will still safeguard our government or future governments' ability to regulate in the public interest and to pursue legitimate welfare objectives. Nothing in the TPP-11 prevents the government from regulating or reregulating services. There are provisions in the agreement that give the government flexibility in relation to the way in which it may regulate or reregulate public services, including exceptions for Australia to undertake the regulation of services in relation to health, education or environmental matters, in accordance with our own national interests. When you listen to the Greens speak, or to the Left speak generally, in relation to ISDS provisions, they are both misleading and inconsistent in their arguments. Misleading, because, as was exposed in relation to Senator Rice's contribution just before, these provisions have never been used successfully against Australia, not in the more than 30 years of history of operation across a range of different investment agreements that Australia has entered into. Their practical effect is far more to provide certainty for Australian investors operating in overseas markets than it necessarily is to provide certainty for investors in Australia, because we already have such a proven, robust and reliable legal system in place.</para>
<para>The Greens' arguments are inconsistent in the extreme. In every other sphere of public policy, it seems as if the Greens and the left argue for the internationalisation of courts and tribunals, for the adherence to international law and for the referral of powers to international treaties. The only entities, it seems, to whom the Greens wish to deny the right to test their case before any type of international fora are businesses, those evil businesses that the Greens demonise at every possible opportunity, notwithstanding that it is those businesses that create jobs for Australians and for others around the world. It is those businesses that create income, those businesses that generate the wealth that our taxes are collected from and our services are delivered through, and those businesses that provide the opportunities that have in many ways transformed our world, a point that I will return to shortly.</para>
<para>In terms of matters of the labour market, the government has been very clear that Australia did not make any commitments in the TPP-11 that would require any changes to the skills, assessment, licensing or registration processes for workers from overseas who are seeking to work in Australia. Many of the matters raised in this debate today are in domestic settings, separate to the pieces of legislation before us, which, as I said at the outset, are customs bills.</para>
<para>I do, however, want to acknowledge—across this legislation and all of the TPP negotiations—the constructive conversations that I have had with the shadow minister for trade and the shadow minister for foreign affairs respectively. I welcome the Labor Party's continuation of the long-held practice where we work constructively together, as parties of government, on foreign policy and trade policy. This constructive approach ensures that the risks of delay, which I spoke about before, should not be realised.</para>
<para>I recognise that for Labor this may not be the agreement that they ultimately would have signed. I recognise that if they were to be successful at the next election—and I certainly hope that is not the case—they may look to amending aspects of the agreement with TPP partners down the track. That would be a matter for a future government and those nations. Again, I do acknowledge that constructive approach that we have had to date. However, I would urge the Labor Party to maintain that approach on future trade discussions as well, to not pursue policies that would make it harder to enter into trade agreements and to disavow and step away from the extreme positions created by those of the left. I ask the Labor Party to think long and hard about that and to reconsider some of the positions they are increasingly taking.</para>
<para>Ultimately, open markets provide benefits. Trade is not just the shipping of widgets from one nation to another; trade opens up the flow of information, culture and knowledge. It provides benefits that are widely on display in our country and many others today. We ought to celebrate the fact that we live in a world with a vastly greater population than any could have conceived 100 years ago and yet the proportion of those in circumstances of extreme poverty or malnutrition is so much lower than it was 100-plus years ago. That is, of course, a testament to technology, health and a range of services, many of which are helped by growth in economies and by the exchange of knowledge and information that comes from open trading arrangements.</para>
<para>The deal that was signed on 8 March 2018 is one that fundamentally serves Australia's national interests, will create new opportunities and greater certainty for our businesses and will encourage job-creating foreign investment. It will make Australian exports more competitive so that our farmers can sell more produce, our professionals can provide more services and our manufacturers can make and sell more goods. Our involvement in the negotiation of this deal means that Australia played a key role in setting 21st century rules for commerce across the world's fastest growing region. This will help us and enable us to tackle new trade and investment barriers as they arise, helping our businesses to weather the increasingly challenging global trading environment.</para>
<para>These bills, as I said at the outset, will see the elimination of 98 per cent of tariffs from TPP-11 countries in a regional free trade zone that already accounts for over one-fifth of Australia's total two-way trade. They will effect a cost-saving impact on imported goods for Australian households and businesses and deliver material gains for our exporters. These bills and the TPP agreement have been through thorough parliamentary proceedings to date. I urge the Senate to support the passage of this legislation unamended. I want Australia to remain a leader among trading nations, one who is not afraid to show our trading partners through concrete actions that we support the principle that open and free trade creates circumstances for businesses, economies, national income and wealth to grow and, through that, for the prosperity of people to grow in respect of their incomes and the services their governments are able to provide them. I commend the bills to the Senate.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:50</time.stamp>
    <name role="metadata">Senator KITCHING</name>
    <name.id>247512</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I'm pleased to have this opportunity to speak on the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and a related bill. The purpose of this bill is to amend the Customs Act to introduce new rules of origin for goods imported into Australia from a party to the Trans-Pacific Partnership, now called the TPP-11. The TPP-11 is a new treaty that incorporates the provisions of the original Trans-Pacific Partnership, which was signed in February 2016. That treaty was rendered inoperative by President Trump's decision to withdraw the United States from the agreement. The remaining 11 signatories to the new treaty are Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, Peru, New Zealand, Singapore and Vietnam. These countries will implement the TPP between them, with the exception of a limited number of provisions, which will be suspended. Suspensions will remain in place until the parties agree to end them by consensus.</para>
<para>The amendments contained in this bill will enable eligible goods that satisfy the new rules of origin to enter Australia at preferential rates of customs duty. The amendments will also impose obligations on exporters of eligible goods to a party to the TPP-11 for which a preferential rate of customs duty is claimed and on manufacturers who produce such goods. The related bill makes complementary amendments to the Customs Tariff Act 1995 to give effect to the preferential treatment of customs duty in accordance with the TPP-11.</para>
<para>Last month Labor announced that we would be supporting this bill. It's no secret that this announcement was preceded by a lively debate in the Labor caucus and in the wider Labor movement about whether we should support or oppose the TPP-11 as it now stands. It's no secret that many people have argued strongly that we should oppose this bill, including some prominent figures in the trade union movement. In this Senate the Greens and the Centre Alliance have said that they will oppose the bill, so I think it is important that we on this side give a clear explanation of our position on this question. I take this opportunity to acknowledge the leadership of our shadow trade minister, the Hon. Jason Clare MP, in developing our position. He has had the responsibility of addressing the many and various points of view that have been put forward and of formulating our policy.</para>
<para>Ever since Federation—and indeed before—one of the fundamental cleavages in Australian politics has been free trade versus protectionism. Before 1910 we had Free Trade and Protectionist parties in the parliament. Within the Labor Party were both free trade and protectionist tendencies. Broadly speaking, from the First World War until the 1970s, Labor was a protectionist, high-tariff party. This was one of the many sacred cows slaughtered by Gough Whitlam. In 1973 the Whitlam government cut all tariffs by 25 per cent, the first major move towards free trade after decades of bipartisan protectionism. This breakthrough was followed by the reforms of the Hawke and Keating governments, working in close cooperation with the union movement under the leadership of Bill Kelty. These reforms opened up our economy, further reduced tariffs and, along with the many other reforms of the Hawke-Keating years, are one of the reasons we now have had 26 years without a recession.</para>
<para>Since the 1970s Labor has accepted the view held by almost all serious economists that free trade creates jobs and leads to increased wages. Labor has learned the lesson of the Great Depression, which is that the ideology of protectionism is fundamentally wrong. Protectionism does not protect industry, and it does not protect jobs. High tariffs and beggar-thy-neighbour trade wars throttle economic growth and put people out of work. I might quote our shadow Assistant Treasurer, Dr Andrew Leigh MP, who said:</para>
<quote><para class="block">We had this debate when Whitlam cut tariffs and again when Hawke and Keating did. We can't go ahead with our broad-based Asia plans by opposing trade liberalisation.</para></quote>
<para>Sadly, this is a lesson which some current world leaders seem to have forgotten, and I fear that they will relearn it through higher unemployment, lower growth, lower incomes and more business failures.</para>
<para>According to the Centre for International Economics, one in five Australian jobs are linked to trade. That means 2.2 million Australians work in a trade related job. Sixty-seven per cent of mining jobs and 41 per cent of manufacturing jobs are trade related. The evidence shows that increasing exports leads to an increase in jobs. Increasing exports also increases wages. The work by the Centre for International Economics shows that the action undertaken by the Hawke and Keating governments to cut tariffs has put almost $8,500 in the pocket of every Australian family that those families would otherwise not have.</para>
<para>I spent last week up in the Pilbara, looking at mining operations and LNG plants, inter alia. The ships leaving the ports up there are ceaseless. Thousands of jobs depend on that trade. Our economy does well because of that trade. The latest move towards free trade comes at a perilous time. The United States and China are lurching towards a mutually destructive trade war. A trade war in the Asia-Pacific region poses huge risks to Australia and to all of our neighbours. This makes it all the more important that Australia moves to secure access to a broad range of markets to protect and grow export jobs. Free trade is, in fact, the best form of protectionism, and this is why Labor supports the TPP. It will increase market access for our farmers, steel manufacturers, universities and miners. Independent modelling commissioned by the Victorian Labor government indicates that this agreement will deliver modest economic benefits in the short term and more significant economic benefits in the longer term, if more countries sign up to this agreement. We want exporters to be able to take advantage of these opportunities, because that means more jobs for Australians.</para>
<para>The withdrawal of the US from the TPP is something we should greatly regret. It is my belief that the world is indeed a poorer place if America is isolated. But it does have the positive effect of increasing export opportunities for Australia in the other TPP signatories' markets—markets from which the US is partly excluding itself by putting itself outside the TPP.</para>
<para>I recently had the opportunity of visiting two such countries, Mexico and Peru, as part of a parliamentary delegation of which Senator Leyonhjelm was also a member. These are both fast-growing and increasingly prosperous countries, with increasing appetites for high-quality agricultural and manufactured goods, such as those we export so successfully. Mexico is already one of the world's top 20 economies. Signing up to the TPP-11 will give us better access to both these emerging markets, and will make us more competitive at a time when the US is impeding its own exports by erecting trade barriers. As an example, having more students seeking education services here in Australia would enable our tertiary sector to have greater diversity in its fee-paying students, and that may be important.</para>
<para>None of this is to say that the TPP-11 as it currently exists is perfect. It is not. It has significant flaws. There are aspects of the agreement which are in conflict with Labor policy. But we do not accept the assertion that, because of these flaws, we should reject the whole agreement. There are many times in politics when we have to choose between alternatives that are less than perfect. This is one of those occasions. We cannot allow the perfect to be the enemy of the good. That is why we have agreed to support this bill, while at the same time making a commitment to renegotiate some aspects of the TPP-11 agreement if we are able to form government after the coming election. The Greens political party and others have asserted that this is impossible—that, once we have signed up to the TPP-11, its terms will be set in stone forever. This is simply not true. In government, we will follow the example of Jacinda Ardern's Labour government in New Zealand, which has successfully negotiated side letters with other TPP signatories to gain exemptions from certain objectionable aspects of the TPP. If New Zealand can do this I am sure Australia can as well.</para>
<para>There are two major aspects of the TPP-11 agreement which do not conform to Labor Party policy and which Labor, in government, will be seeking to change in so much as they apply to Australia. These are the investor-state dispute settlement mechanism, or the ISDS clauses, and labour market testing. ISDS is a mechanism which allows foreign companies to sue the Australian government for policy changes which they believe commercially disadvantage them. Labor does not support the inclusion of ISDS clauses in trade agreements. We oppose ISDS clauses, because these provisions provide foreign corporations with increased legal rights and can be used to sue governments for legitimate policy decisions.</para>
<para>It should be understood, however, that ISDS clauses are not a novelty which are being introduced for the first time by the TPP agreement. They are contained in 20 investor agreements and eight trade agreements to which Australia is already a signatory and has been, in some cases, for 30 years. During that time, only one case has been brought against Australia and that case was unsuccessful. In fact, under the TPP-11 agreement ISDS only applies to one additional country, namely Canada. Australia already has ISDS with the other signatory countries as a result of other agreements. The ISDS provisions in the TPP-11 agreement are narrower than those that were in the original TPP. Under this agreement, ISDS can't be used in cases where a company has a contract with the government or where it had an Australian government approval, which was subsequently withdrawn.</para>
<para>Contrary to some assertions the agreement does not stop the Australian government from changing policy or regulations in line with government health and education policy. Annex II of the agreement gives Australia the explicit right to adopt or maintain any measure for public services. The text explicitly mentions health, child care, public utilities, public transport, social welfare and public housing. ISDS, therefore, cannot be used in these circumstances.</para>
<para>Nevertheless, we remain opposed to the ISDS provisions in the agreement as the current government has negotiated them. In government we will follow the example of New Zealand, which has successfully negotiated side letters to remove ISDS clauses with four countries in the TPP. To do this we will set up a negotiating team whose job will be to remove ISDS clauses from this and, if necessary, from other agreements.</para>
<para>On the issue of labour market testing we will take the same approach. We do not support the right of employers to bring in workers from other countries without first testing the Australian labour market to determine whether there are Australian workers available to fill job vacancies. In government, we will work to reinstate labour market testing for contractual service suppliers with the countries where the current Liberal government has agreed to waive it.</para>
<para>Labor has also made a firm commitment to change the rules about the way future trade agreements are negotiated. A Shorten Labor government will fix the way we do trade deals to give Australian business and Australian workers a real say in that process and to be more open and more honest. We will act to prohibit future governments from waiving labour market testing and including ISDS clauses in trade agreements. We will also end the shroud of secrecy under which trade agreements are currently negotiated by strengthening the role of the parliament.</para>
<para>We will require governments to provide the Joint Standing Committee on Treaties with a statement of objectives for assessment prior to negotiations and a briefing after each round of negotiation. We will establish an accredited advisers' program, which will give stakeholders, including business, trade unions and civil society organisations real-time access to trade agreements. We will require governments to provide public updates on each round of negotiations and to release draft texts during negotiations where this is feasible. We will require governments to subject all new trade agreements to an independent national interest assessment examining economic, strategic and social impacts.</para>
<para>Labor has had challenges with this agreement. We had to choose between accepting a less-than-perfect agreement, which we had no say in negotiating and which contains major flaws, and rejecting an agreement which offers greater access for our exporters to some of the world's most important new markets, which will generate many jobs for Australian workers. We have decided to support the agreement, despite its flaws, while making firm commitments to rectify some of the agreement's flaws and also to reform the way in which we negotiate future treaties. I think this was the right choice. I recommend the bill to the Senate and I look forward to Labor returning to this agreement in government.</para>
</speech>
<speech>
  <talker>
    <time.stamp>21:05</time.stamp>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I too rise to speak on the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 and the related bill. But, before I do, I'd like to address a number of the issues that have been raised by my colleagues in this debate today. I would note up-front that the majority of evidence didn't actually go to the specific provisions of the bill itself. Instead, much of the debate from those opposite, particularly from my Greens colleagues, raised matters that have been dealt with by five previous parliamentary inquiries into this matter, as did the speeches here today. Senator Carr acknowledged that these are Customs amendment bills, but then he did go on, for a substantial period of his speech, in reprosecuting some of the case.</para>
<para>I have to hand it to Senator Hanson-Young and her colleagues here today: I didn't think we'd hear so many Greens ideological buzzwords. It was almost 'buzzwords bingo' between the four of them here today. There was a lot of discussion about chilling effects, neoliberalism and economic rationalism. But, as the minister has just said, it was very clear from the debate today—as Senator Kitching has just acknowledged—that they haven't read the bill, and the debate would have been significantly enhanced had they actually addressed the detail of the bill.</para>
<para>There are four issues that I would like to briefly cover that were raised in the debate today. The first is the issue of modelling. Some of the speakers mentioned that they wanted more modelling to be done. But I do note the significant amount of modelling that has been done, which has been mentioned before in this place. Just because you don't like the outcome of the modelling doesn't invalidate it. We have heard from Senator Kitching on the Victorian government modelling which clearly showed there were significant short-term benefits and even more benefits in the longer term, so I think that's a real furphy and I'm glad my Labor colleagues have made that very clear.</para>
<para>The second issue that has been raised in the debate is consultation. Both Labor and Greens colleagues indicated that they didn't think there had been enough consultation. I can advise senators that there were 1,000 briefings with 485 stakeholders, so I'm at a loss to understand who wasn't actually consulted. In these 1,000 briefings with 485 stakeholders, all the states and territories were consulted, as were all federal government departments, all relevant peak bodies, and hundreds of companies, academics, unions and civil society groups. I'm not sure what more consultation those opposite would like to have seen.</para>
<para>The third issue that's been discussed at some length in this debate is labour market testing. It is very clear from the debate from both us and the opposition—while they have ideological views—that, as I think Senator Kitching acknowledged, this is not new and it is a reciprocal requirement. We can hardly ask people to do something we're not willing to do ourselves. Again, the evidence does not support what my Greens colleagues and some from the Labor Party have been saying about labour market testing. The evidence is very clear. Listening to those opposite, you'd think that, under our free trade agreements with China, Japan and Korea, 457 visas and other visas would have skyrocketed. In fact, for those three countries the experience has been that 457 visas have actually dropped by 10 per cent since those treaties were negotiated. Again, it is not new. It is something we have done for a long time, and there is absolutely no evidence to show that it would be any different under this agreement.</para>
<para>The fourth issue I'd like to briefly mention is this issue of ISDS. It is a complete and utter furphy. As Senator Kitching has just reminded us, it's actually a very good thing and it's something that's been very longstanding in a wide range of treaties that we have entered into. It is simply a Labor union ideological policy issue. There is no loss of sovereignty. Despite all the huffing and puffing from the Greens senators this afternoon, there is no loss of sovereignty, as the minister has very clearly said. I will foreshadow that, for those reasons I've just outlined, the government will not be supporting the three foreshadowed second reading amendments.</para>
<para>Moving on to the legislation itself, the Customs Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018 amends the Customs Act 1901 to implement Australia's obligations under the TPP-11. These amendments are complementary to those contained in the Customs Tariff Amendment (Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation) Bill 2018. I'd like to take this opportunity to speak to the two bills that are in front of us here today, as they are very much related.</para>
<para>I'm very pleased to have this opportunity to conclude the debate on this important agreement. There is absolutely no doubt that the TPP-11 is one of the most comprehensive trade deals ever concluded by Australia. It will eliminate more than 98 per cent of tariffs in a trade zone that spans the Americas and Asia, with a combined GDP worth $13.7 trillion. Despite the arguments or the rhetoric from those opposite, particularly the Greens, Australian farmers, manufacturers and services exporters will benefit from new market access opportunities in economies with nearly 500 million consumers. It will provide better access for farm exporters, including for beef and sheepmeat producers, dairy producers, canegrowers and sugar millers as well as cereal and grain exporters. There will be new opportunities for our rice growers, cotton growers, woolgrowers, horticultural producers and great wine exporters. One manufacturer will benefit from the elimination of tariffs, for example, on industrial goods. Our services exporters will have access to liberalised and improved regulatory regimes for investment, notably in the mining and resource sectors, telecommunications and financial services.</para>
<para>TPP-11 is truly a next-generation trade agreement. For the first time in a trade agreement, TPP-11 countries will guarantee the free flow of data across borders for services, suppliers and investors as part of their business activity. I know from feedback from industry that that is a great thing for them. This movement of information, or data flow, is relevant to all kinds of businesses.</para>
<para>If Australia and five other countries can complete ratification before 31 December this year, there will be two opportunities for tariff reductions—the first on entry into force and the second on 1 January 2018. But, on the other hand, if—as those opposite and on the crossbench suggest—it is entered into this year without Australia, our exporters would absolutely and unequivocally be placed at a significant competitive disadvantage. That will benefit no Australian business and it certainly will not benefit Australian workers. For example, New Zealand and Canada would have superior access to the Japanese beef and dairy market, better access to the Japanese cheese market and better access to wine markets in Mexico. Why would we knowingly and willingly give our market competitors a leg-up over us?</para>
<para>The deal signed on 8 March 2018 is one that fundamentally serves Australia's national interest. Its scope and level of ambition cannot be underestimated. It will create new opportunities and greater certainty for our businesses and encourage job-creating foreign investment. That is very clear and, despite what those opposite have said, that will occur. It will make Australian exports more competitive, so our farmers can sell more produce, our professionals can provide more services and our manufacturers can make and sell more goods.</para>
<para>Our involvement in the negotiation of this deal means Australia plays a key role in setting 21st century rules for commerce across the world's fastest-growing region. This will enable us to tackle new trade and investment barriers as they arise, helping our businesses weather the increasingly challenging global trading environment. Here in Australia, this agreement has undergone a level of scrutiny that I suspect is almost unprecedented compared with any other free trade agreement. It has been the subject of five parliamentary committee inquiries, and, after the TPP-11 was tabled in the House of Representatives on 26 March this year, it was examined by the Joint Standing Committee on Treaties. On 22 August, the committee recommended that Australia take binding treaty actions in respect of the TPP-11.</para>
<para>For all of these reasons, I urge the parliament to support the swift passage of the TPP-11 implementation legislation because I and this government want Australia to remain leaders amongst trading nations—a country that is not afraid to show our trading partners by concrete actions that we are committed to a future of liberalised trade and investment. This is what these TPP-11 implementation bills represent. Our early ratification of the TPP-11 demonstrates Australia's leadership in pursuing liberalised trade globally, and I believe it embodies the government's strong commitment to maximising trading opportunities for Australian businesses, both large and small.</para>
<para>The TPP-11 outcome is a feature of an ambitious and confident trade policy—one that didn't turn back at the first hurdle. It is an audacious but pragmatic and successful approach. That, in my view, has been the hallmark of this government's trade and investment policy. I have great pleasure in commending these bills to the Senate.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The question is that the second reading amendment moved by Senator Carr be agreed to.</para>
</interjection>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The Senate divided. [21:21]<br />(The President—Senator Ryan)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>18</num.votes>
                <title>AYES</title>
                <names>
                  <name>Bilyk, CL</name>
                  <name>Collins, JMA</name>
                  <name>Dodson, P</name>
                  <name>Farrell, D</name>
                  <name>Gallacher, AM</name>
                  <name>Griff, S</name>
                  <name>Keneally, KK</name>
                  <name>Ketter, CR</name>
                  <name>Kitching, K</name>
                  <name>Lines, S</name>
                  <name>McAllister, J</name>
                  <name>Moore, CM</name>
                  <name>O'Neill, DM</name>
                  <name>Patrick, RL</name>
                  <name>Pratt, LC</name>
                  <name>Singh, LM</name>
                  <name>Smith, DPB</name>
                  <name>Watt, M (teller)</name>
                </names>
              </ayes>
              <noes>
                <num.votes>38</num.votes>
                <title>NOES</title>
                <names>
                  <name>Abetz, E</name>
                  <name>Bernardi, C</name>
                  <name>Birmingham, SJ</name>
                  <name>Brockman, S</name>
                  <name>Burston, B</name>
                  <name>Bushby, DC</name>
                  <name>Canavan, MJ</name>
                  <name>Cash, MC</name>
                  <name>Di Natale, R</name>
                  <name>Duniam, J</name>
                  <name>Faruqi, M</name>
                  <name>Fierravanti-Wells, C</name>
                  <name>Fifield, MP</name>
                  <name>Georgiou, P</name>
                  <name>Gichuhi, LM</name>
                  <name>Hanson, P</name>
                  <name>Hanson-Young, SC</name>
                  <name>Hinch, D</name>
                  <name>Hume, J</name>
                  <name>Leyonhjelm, DE</name>
                  <name>McGrath, J</name>
                  <name>McKim, NJ</name>
                  <name>Molan, AJ</name>
                  <name>O'Sullivan, B</name>
                  <name>Payne, MA</name>
                  <name>Reynolds, L</name>
                  <name>Rice, J</name>
                  <name>Ruston, A</name>
                  <name>Ryan, SM</name>
                  <name>Scullion, NG</name>
                  <name>Seselja, Z</name>
                  <name>Siewert, R</name>
                  <name>Smith, DA (teller)</name>
                  <name>Stoker, AJ</name>
                  <name>Storer, TR</name>
                  <name>Waters, LJ</name>
                  <name>Whish-Wilson, PS</name>
                  <name>Williams, JR</name>
                </names>
              </noes>
              <pairs>
                <num.votes>9</num.votes>
                <title>PAIRS</title>
                <names>
                  <name>Cameron, DN</name>
                  <name>Martin, S.L</name>
                  <name>Carr, KJ</name>
                  <name>Macdonald, ID</name>
                  <name>Chisholm, A</name>
                  <name>McKenzie, B</name>
                  <name>Marshall, GM</name>
                  <name>Paterson, J</name>
                  <name>McCarthy, M</name>
                  <name>Colbeck, R</name>
                  <name>Polley, H</name>
                  <name>Sinodinos, A</name>
                  <name>Sterle, G</name>
                  <name>Fawcett, DJ</name>
                  <name>Urquhart, AE</name>
                  <name>Steele-John, J</name>
                  <name>Wong, P</name>
                  <name>Cormann, </name>
                </names>
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question negatived.</p>
              </body>
            </division.result>
          </division><speech>
  <talker>
    <time.stamp>21:23</time.stamp>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
    <electorate></electorate>
  </talker>
  <para>Senators, other divisions are imminent, so I will ring the bells for one minute. The next matter is the second reading amendment to be moved by Senator Hanson-Young. Senator Hanson-Young, I understand you need to move your second reading amendment, but it will be put without debate as the minister has closed debate.</para>
</speech>
<speech>
  <talker>
    <time.stamp>21:23</time.stamp>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I move the Greens amendment on sheet 8527:</para>
<quote><para class="block">Omit all words after "that", insert:</para></quote>
<quote><para class="block">", further consideration of the bills be postponed until the Senate passes a resolution that it is of the opinion that each of the following conditions has been met:</para></quote>
<quote><para class="block">(a) the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Implementation has been re-negotiated to include improved protections for labour rights and the environment;</para></quote>
<quote><para class="block">(b) the Parliament has legislated a prohibition on including investor-state dispute settlement provisions in future trade agreements; and</para></quote>
<quote><para class="block">(c) Australia has a settled climate and energy policy."</para></quote>
<para>I did foreshadow this in my speech.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The question is that the second reading amendment moved by Senator Hanson-Young be agreed to.</para>
</interjection>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The Senate divided. [21:25]<br />(The President—Senator Ryan)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>8</num.votes>
                <title>AYES</title>
                <names>
                  <name>Di Natale, R</name>
                  <name>Faruqi, M</name>
                  <name>Hanson-Young, SC</name>
                  <name>McKim, NJ</name>
                  <name>Rice, J</name>
                  <name>Siewert, R (teller)</name>
                  <name>Waters, LJ</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </ayes>
              <noes>
                <num.votes>48</num.votes>
                <title>NOES</title>
                <names>
                  <name>Bilyk, CL</name>
                  <name>Birmingham, SJ</name>
                  <name>Brockman, S</name>
                  <name>Burston, B</name>
                  <name>Bushby, DC</name>
                  <name>Canavan, MJ</name>
                  <name>Carr, KJ</name>
                  <name>Cash, MC</name>
                  <name>Collins, JMA</name>
                  <name>Dodson, P</name>
                  <name>Duniam, J</name>
                  <name>Farrell, D</name>
                  <name>Fierravanti-Wells, C</name>
                  <name>Fifield, MP</name>
                  <name>Gallacher, AM</name>
                  <name>Georgiou, P</name>
                  <name>Gichuhi, LM</name>
                  <name>Griff, S</name>
                  <name>Hanson, P</name>
                  <name>Hinch, D</name>
                  <name>Hume, J</name>
                  <name>Keneally, KK</name>
                  <name>Ketter, CR</name>
                  <name>Kitching, K</name>
                  <name>Leyonhjelm, DE</name>
                  <name>Lines, S</name>
                  <name>McAllister, J</name>
                  <name>McGrath, J</name>
                  <name>Molan, AJ</name>
                  <name>Moore, CM</name>
                  <name>O'Neill, DM</name>
                  <name>O'Sullivan, B</name>
                  <name>Patrick, RL</name>
                  <name>Payne, MA</name>
                  <name>Pratt, LC</name>
                  <name>Reynolds, L</name>
                  <name>Ruston, A</name>
                  <name>Ryan, SM</name>
                  <name>Scullion, NG</name>
                  <name>Seselja, Z</name>
                  <name>Singh, LM</name>
                  <name>Smith, DA</name>
                  <name>Smith, DPB</name>
                  <name>Steele-John, J</name>
                  <name>Stoker, AJ</name>
                  <name>Storer, TR</name>
                  <name>Watt, M (teller)</name>
                  <name>Williams, JR</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names></names>
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question negatived.</p>
              </body>
            </division.result>
          </division><speech>
  <talker>
    <time.stamp>21:28</time.stamp>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
    <electorate></electorate>
  </talker>
  <para>Another second reading amendment was foreshadowed, but the senator is not present to move the motion.</para>
<para>The question is that these bills be read a second time.</para>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The Senate divided. [21:29]<br />(The President—Senator Ryan)]</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>36</num.votes>
                <title>AYES</title>
                <names>
                  <name>Abetz, E</name>
                  <name>Bilyk, CL</name>
                  <name>Birmingham, SJ</name>
                  <name>Brockman, S</name>
                  <name>Burston, B</name>
                  <name>Bushby, DC</name>
                  <name>Canavan, MJ</name>
                  <name>Cash, MC</name>
                  <name>Collins, JMA</name>
                  <name>Dodson, P</name>
                  <name>Duniam, J</name>
                  <name>Farrell, D</name>
                  <name>Gallacher, AM</name>
                  <name>Gichuhi, LM</name>
                  <name>Hinch, D</name>
                  <name>Hume, J</name>
                  <name>Keneally, KK</name>
                  <name>Kitching, K</name>
                  <name>Leyonhjelm, DE</name>
                  <name>McGrath, J</name>
                  <name>Molan, AJ</name>
                  <name>Moore, CM</name>
                  <name>O'Neill, DM</name>
                  <name>O'Sullivan, B</name>
                  <name>Payne, MA</name>
                  <name>Pratt, LC</name>
                  <name>Reynolds, L</name>
                  <name>Ruston, A</name>
                  <name>Ryan, SM</name>
                  <name>Scullion, NG</name>
                  <name>Seselja, Z</name>
                  <name>Singh, LM</name>
                  <name>Smith, DA (teller)</name>
                  <name>Smith, DPB</name>
                  <name>Stoker, AJ</name>
                  <name>Williams, JR</name>
                </names>
              </ayes>
              <noes>
                <num.votes>13</num.votes>
                <title>NOES</title>
                <names>
                  <name>Di Natale, R</name>
                  <name>Faruqi, M</name>
                  <name>Georgiou, P</name>
                  <name>Griff, S</name>
                  <name>Hanson, P</name>
                  <name>Hanson-Young, SC</name>
                  <name>McKim, NJ</name>
                  <name>Patrick, RL</name>
                  <name>Rice, J</name>
                  <name>Siewert, R (teller)</name>
                  <name>Storer, TR</name>
                  <name>Waters, LJ</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names></names>
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to.<br />Bills read a second time.</p>
              </body>
            </division.result>
          </division></subdebate.2><subdebate.2><subdebateinfo>
            <title>In Committee</title>
            <page.no>110</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>21:33</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">(1) Clause 2, page 2 (cell at table item 2, column 2), omit the cell, substitute:</para></quote>
<quote><para class="block"> <inline font-style="italic">[commencement]</inline></para></quote>
<para>The objective of this amendment is to prevent the enabling legislation commencing until bilateral side letters have been exchanged between Australia and each other party to the agreement, agreeing, firstly, that chapter 9 of the agreement, which deals with investor-state disputes, does not apply in relation to an investment in Australia, and, secondly, that labour market testing must occur in relation to contractual service suppliers entering, or proposing to enter, Australia from the other party. Centre Alliance is of the view that these issues need to be addressed before the TPP comes into force, not after.</para>
<para>I urge Labor to support this amendment. After all, it's your policy. Your private member's bill is a fraud to your union colleagues and your constituents. It will go nowhere. You arrogantly presume that you will be successful at the next election. Even if you are, it is unlikely that you will change the agreement ex post facto. You will talk about it. You'll be captured by the bureaucrats. They will tell you that it's not possible, and it simply won't happen.</para>
<para>If you are not successful at the next election you will almost certainly regret not supporting Centre Alliance's amendments tonight. As the saying goes: never put off to tomorrow what you can do today. In the event that Labor, as a party, does not support Centre Alliance's amendments I invite Labor senators to cross the floor in support of their own conviction. You can do so with the safety that you will be protected by the fact that you are supporting the Labor Party national platform. I urge you to support this amendment.</para>
</speech>
<speech>
  <talker>
    <time.stamp>21:35</time.stamp>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I hate to disappoint you, Senator Patrick, but Labor will not support this amendment, because it is not in the national interest. Senator Patrick apparently has not done his homework, as I have found is so often the case. If he had, he would know that he risks jobs and opportunities by doing what he proposes. This amendment is an irresponsible stunt. I will repeat that: this amendment is an irresponsible stunt.</para>
<para>By being part of the first six countries who ratify this agreement Australian industry stands to benefit from the immediate tariff eliminations: firstly, on Australian iron and steel products and aluminium exported to Canada; secondly, on Australian sheepmeat exports to nine countries; thirdly, on raw wool; fourthly, on Mexico's 20 per cent pork tariff; fifthly, on cotton; and, sixthly, and not insignificantly to your own state, Senator Patrick, on Australian wine, seafood, horticulture, cereal and grains to Canada—</para>
<para class="italic">Senator Birmingham interjecting—</para>
<continue>
  <talker>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
  </talker>
  <para>Thank you, Senator Birmingham, I need that assistance. Senator Patrick risk gains for the South Australian wine industry, something I know a little bit about—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Birmingham</name>
    <name.id>H6X</name.id>
  </talker>
  <para>Shame!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
  </talker>
  <para>Yes, it is shameful, Senator Birmingham. You're dead right there. He may not want to defend South Australia's world-class winemakers but Labor wants to see them keep their competitive edge against New Zealand. We produce much better wine than New Zealand and we want to keep our competitive edge. It's better wine at a better price and we want to keep that advantage. But if this amendment is allowed to be passed we would lose. We would lose that edge, because New Zealand could benefit from tariff reductions that Australia would not. All our exports would miss out on an initial round of tariff cuts.</para>
<para>For the Japanese markets our exporters would miss a second tariff cut on 1 April 2019. That would give Canada and New Zealand an 11 per cent tariff cut on beef, making their rate lower than Australia's and hurting our beef producers. Our cheddar cheese producers would lose out to New Zealand, who would have a tariff rate four per cent lower than Australia's. Canadian wheat growers would be able to export more than 40,000 tonnes of wheat to Japan and Australian farmers would get no additional quota. That's not fair and it's not in our national interest.</para>
<para>Labor will not allow an opportunistic stunt to cost exporters and reduce our opportunities to grow industry. Labor will not support this stunt. It's not in the national interest to weaken Australia's bargaining position in negotiations with other countries. It's not in our interests—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Whish-Wilson</name>
    <name.id>195565</name.id>
  </talker>
  <para>What about the workers?</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
  </talker>
  <para>Yes. We're looking after the workers. Something that you would know nothing about. You've never looked after a worker in your life. This is the—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The TEMPORARY CHAIR</name>
    <name.id>247512</name.id>
  </talker>
  <para>Senator Farrell and Senator Whish-Wilson, perhaps through the chair.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
  </talker>
  <para>Thank you for that protection, Madam Chair. It's not in the national interest to weaken Australia's bargaining position in negotiations with other countries. It's not in the national interest to threaten certainty for business. And it's certainly not in the national interest to threaten the jobs of steelworkers, people working in the South Australian wine industry or the livelihoods of farmers, all of whom would benefit from this agreement. That is precisely what this amendment would do. It would weaken Australia's bargaining position, threaten certainty and threaten jobs. That's what—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Patrick</name>
    <name.id>144292</name.id>
  </talker>
  <para>You don't really think that.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
  </talker>
  <para>Yes, I do. I wholeheartedly support this legislation and I wholeheartedly reject your amendment. That's why Labor will not vote for it. It would prevent a trade minister in a Shorten Labor government, which one day we hope to achieve, from achieving the outcomes Centre Alliance says it wants to see: the removal of the ISDS and the reinstatement of labour market testing. Senator Patrick would impose an artificial deadline on negotiations with six countries. Perversely, Senator Patrick would give countries an incentive to walk away from the bargaining table. Countries that want access to the gains that Australia has made for our farmers, our manufacturers, our universities and our steel producers would use Senator Patrick's artificial deadline to push Australia out of the CPTPP so they can get those gains for themselves. He would see Australia weakened. He would see gains lost and jobs threatened. A future Shorten Labor government would take these gains and increase protections for Australian workers.</para>
<para>The shameful part of the Centre Alliance's stunt is that they would pretend to be a friend of the workers. Centre Alliance is committing a fraud against Australian workers.</para>
<para class="italic">Senator Hanson-Young interjecting—</para>
</continue>
<continue>
  <talker>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
  </talker>
  <para>You can laugh! But, when the Liberal government works to destroy the movement that is there to protect the workers, the Centre Alliance stands shoulder to shoulder with them. They are voting—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Patrick</name>
    <name.id>144292</name.id>
  </talker>
  <para>It's your policy.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
  </talker>
  <para>Yes, I know you don't like this, Senator Patrick. The Centre Alliance voted to allow the Australian Building and Construction Commission and voted to allow the Registered Organisations Commission. How did that protect Australian workers? I ask you that, Senator Patrick. The Centre Alliance are fairweather friends of workers at best. Australian workers cannot trust them. When the Centre Alliance have the opportunity to stand up for workers' rights, they do exactly the opposite. I know you're agreeing with me, Senator Hanson-Young! Senator Patrick's pretence otherwise is tantamount to the committing of fraud against Australian workers. This is nothing more than an opportunistic stunt that will see Australia weakened and will threaten jobs. Labor will not support it.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>21:42</time.stamp>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I rise to add the Greens' support to this amendment, but I wanted to put a few things on the record first. I will start off with pointing out what has just happened in this place: we have just had a vote on legislation to implement the TPP and, if it weren't for the Labor Party rolling over and selling out Australian workers, it would have been knocked off and would be dead and buried tonight. There were enough members on the crossbench who voted against the second reading vote, but we saw the Labor opposition cross the floor and cuddle up to the Morrison government. They were led by Senator Farrell, who has just spent the last 10 minutes trying to pretend that somehow he's still got some reputation for looking after the workers.</para>
<para>Of course, we know what is going on with this TPP. It is fundamentally undermining the rights of Australian workers right across the country and across professions. It is undermining rights across a number of different trades and industries. We have the Labor Party's supporting unions out begging them not to do this and not to support this legislation. But because of the sheer arrogance of the Labor Party in 2018, who think they are just going to roll on into government, they've said, 'Oh, well. It doesn't matter. Wink-wink, nudge-nudge—we'll try to fix it up later,' although they know that they can't.</para>
<para>No labour market testing is required in the TPP, despite the fact that six countries can bring unlimited numbers of foreign workers into Australia without even checking whether there is an Australian who could do the job. We know that there's very limited protection for those foreign workers, so they're going to be exploited. We know that will push down the conditions of Australian workers. We know that because we've seen it happen. The Labor Party knows that this happens because it is their own supporters and members within the union movement who have been pointing this out, over and over again. It has happened over and over again. Take the China–Australia Free Trade Agreement. Look at the construction industry. The electricians in this country are crying out for proper support from the Labor Party, and they're getting nothing. They get absolutely nothing. They get thrown under the bus by Senator Farrell, thrown under the bus by Mr Shorten—thrown under the bus by the Labor Party.</para>
<para>At least this amendment put forward today by Senator Patrick says that, at the very least, the Labor Party could do something that is—apparently—in their national platform, that is their policy. But we've just heard Senator Farrell say, 'It's not in the national interest.' What on earth is it doing in your national platform? What on earth is it doing in your platform if you think it's not in the national interest? You're talking out both sides of your mouth and you're caught out for it. Absolute, sheer hypocrisy!</para>
<interjection>
  <talker>
    <name role="metadata">Senator Birmingham</name>
    <name.id>H6X</name.id>
  </talker>
  <para>It's better than talking out of other things!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
  </talker>
  <para>I'll take that interjection, Minister. Not only are people talking out both sides of their mouths, but there's a lot of hot air going around in this place. Senator Farrell has stood here and pretended that he's doing this in the interests of Australian workers. Well, we know that is just not the case.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">Senator Farrell</name>
    <name.id>I0N</name.id>
  </talker>
  <para>South Australian workers!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
  </talker>
  <para>No, that is not the case; Senator Farrell, I'll take that interjection.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The TEMPORARY CHAIR</name>
    <name.id>247512</name.id>
  </talker>
  <para>Senator Hanson-Young, through the chair.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
  </talker>
  <para>Sorry, Chair. If South Australian workers have to rely on the work and the dedication and the support of Senator Farrell, God help them, because they've just been thrown under the bus—by Senator Farrell and by the Labor Party. Just like Senator Farrell didn't really stand up for workers in the retail industry and just like Senator Farrell continues to always look after his factional mates rather than the workers, he's now pretending that somehow, by voting in this chamber tonight with the Morrison government to introduce the TPP—to tick and flick it through—this is going to be in the interests of Australian workers. No-one's buying it.</para>
<para>This is a message to all workers across this country and all union members: don't listen to the guff coming out of the Labor Party on this issue. They know they're doing the wrong thing. That's why they didn't put up many speakers tonight. That's why we've got members of their own bench too embarrassed to be in here and to participate in this debate—because they know that the Labor Party have taken the wrong position. They're doing the work of big business, they're not doing the work of defending Australian workers. And they're certainly not doing things in the best interests of the Australian people. In this TPP deal, this dodgy deal, which has been negotiated by Senator Birmingham's colleague the former minister for trade, Mr Ciobo, and the Morrison government, Labor are selling out Australians, because they're undermining the very sovereignty of this parliament. They're undermining their own ability to regulate and implement laws in the best interests of the Australian people. They're doing the bidding of big business and big corporations.</para>
<para>Progress reported.</para>
</continue>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>ADJOURNMENT</title>
        <page.no>113</page.no>
        <type>ADJOURNMENT</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Domestic and Family Violence</title>
          <page.no>113</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>21:50</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Outside her Traralgon home, in my home state of Victoria, Gayle Potter was run over and killed by her husband. She leaves three children behind. Jacqueline Francis died of stab wounds, murdered by one of her male patients in Perth. She, too, leaves behind three children. Dannyll Goodsell's devastatingly injured body was found by firefighters at her home in Ballarat. A man known to her has been arrested and charged with her murder and her two young children are now motherless. Kristie Powell was killed in her Wollongong home, dying from extensive injuries. Police have charged a man known to her with murder. She had previously contacted the police, concerned by the death threats that he had messaged her. Kristie's five-month-old baby was found unharmed but just metres from her body. A 25-year-old unnamed woman from Palmerston was killed at the hands of a man who breached a domestic violence order. He has been charged with her murder, assaulting her to the point that her body could take no more and she died.</para>
<para>What connection do these women share? They were all murdered at the hands of men known to them in the three weeks since our parliament last sat. Just last Thursday, Erana Nahu's neighbours called the police after hearing screams echo through the night. When emergency services arrived, she was found stabbed to death in her bed. Her partner has been charged with her murder and her children face a future without parents. As her neighbour observed, 'It's not fair; two babies that have to grow up without their mum.' Well, Erana's neighbour is right: it isn't fair. It isn't fair that the perverse actions of these men have ended the lives of innocent women. It isn't fair that their sons and daughters will grow up motherless, with violence shadowing their youth. It isn't fair that their families and friends must gather at funerals to mourn their all too preventable loss. And it isn't fair that over the next few weeks this will all be repeated.</para>
<para>Last year, 48 women were murdered. Over 93 per cent of these were at the hands of men and over 70 per cent were from domestic violence. In addition, 17 children were murdered. Since this January alone, 54 women have been murdered, with close to 90 per cent of these cases being perpetrated by men. Now, these statistics shock us to the core. I want to make it clear that I am not promoting a message of 'all men'—not in the slightest. We know that women also commit these crimes, and we know that it is a minority of men who perpetrate violent crimes against women. Yet, whether we wish to admit it or not, there exists a clear issue of gendered violence. Violence against women is now the leading cause of death, disability and injury for women between the ages of 18 and 44. It is violence against women—not cancer, not car crashes and not workplace injuries. It is violence from a man who purported to love her.</para>
<para>For Gayle, Jacqueline, Dannyll, Kristie, Erana and the nameless others, there is nothing we can do but fight to seek justice. There are, however, hundreds of future victims whom we can seek to protect and for whom we can fight right now. Awareness is crucial, but even more so is action. Earlier this year I met with an incredible group of people seeking to address the epidemic of family violence in the eastern region of Melbourne. Their organisation, the Eastern Domestic Violence Service—or EDVOS, as it is more commonly known—processes upwards of 700 cases referred to it by Victoria Police each month. They are making phenomenal inroads. Since their partnership with the Victoria Police they've tracked a 108 per cent increase in self-reporting. That is a crucial statistic because it speaks to the power of preventive action, bringing at-risk women and their families into contact with help before instances of public or emergency reporting are required. This is mirrored in a notable decrease in the 000 emergency calls made in the municipalities that EDVOS covers, which is at odds with the statewide trend.</para>
<para>The primary Prevention of Violence Against Women Strategy was rolled out in 2016, providing EDVOS with a unique opportunity to work across the continuum of family violence, from primary intervention to early intervention and response. They are developing innovative and effective ways of meeting the needs of women and families in violent or at-risk environments. An example of this is the rollout of something called the HaiR program, modelled on the successful CUT IT OUT Program in the US. EDVOS is partners with hairdressers across the state to train them in identifying the signs of domestic violence in their clients. It gives hairdressers, some of the most trusted and confided-in professionals, the ability to point those in need of help to organisations and bodies that can offer them the range of services they require, from emergency relocation to financial aid.</para>
<para>Jenny Jackson, the executive director of EDVOS, raised with me the all-too-important fact that 89 per cent of abuse victims also experience financial control and manipulation. Domestic and family violence is the leading cause of homelessness for women and their children, largely due to the fact that women in these situations are forced to leave the family home. They don't have access to funds, or the ability to assert ownership and control over family assets. One of the greatest preventive measures being advocated by organisations like EDVOS is the need for female financial independence. Women who have financial security have far greater autonomy. This doesn't necessarily mean being the main breadwinner in the family, although I am very proud of the fact that female participation in the workforce is at a record high under this government. The issue is far more about financial capability—the knowledge, the understanding and the control of household finances. 'Control' is the key word here. All forms of abuse are in fact about control. Emotional or physical abuse depletes resilience, but financial abuse reduces confidence and capacity. It is financial capability and the empowerment that comes with it that can either prevent violence at the start of a relationship or enhance the ability to leave a relationship.</para>
<para>There are thousands of volunteers and workers across our country who are meeting the challenges associated with domestic violence, and I wish to thank them all for their selflessness. I say thank you to those who fight day in and day out to defend those who cannot defend themselves. The fight to prevent domestic violence doesn't end with lowering the death toll. Battles are being fought on the frontiers of emotional and sexual abuse, respect for women, and equality of opportunity. There is so much yet to be done.</para>
<para>Tonight in this chamber I would like to remember the lives of Gayle Potter, Jacqueline Francis, Dannyll Goodsell, Kristie Powell, Erana Nahu and an unnamed 25-year-old. It is my sincerest hope that justice is delivered in each and every circumstance. Statistically, another Australian woman, most likely a mother of young children, will be murdered this week by her partner. As we sit in this chamber, we should be keenly aware of her life hanging in the balance. We don't know yet who she is, but we do know that she will, senselessly, die at the hands of someone who should have cherished her. There is no one fix for the prevalence of domestic violence in our communities, but at a bare minimum we must acknowledge that we can do better and we must do better now. Originally, this was where my speech was going to end but, this afternoon, as I was putting in the final full stop and the ink was drying, I learnt of a 22-year-old woman from Mapoon in Queensland who has also been killed. A man known to her has been charged with the assault that led to her death.</para>
<para>Indeed, we must all do better.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Golf</title>
          <page.no>114</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>21:59</time.stamp>
    <name role="metadata">Senator GALLACHER</name>
    <name.id>204953</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>The benefits of sport in Australia are widely understood. The benefits of participating in sporting activity are unquestioned in Australia. One of the greatest things that are probably unremarked and, in some cases, unreported is the benefit of sport to older Australians. I want to talk particularly about the great sport of golf. According to AusPlay figures released in 2018, there are 980,000 people, or approximately five per cent of the population, participating in golf in any 12-month period. More than 50 per cent of the players are 55 years and older. A recent study by the Deakin Health Economics team identified that, if there were a 20 per cent increase in regular older golfers, there would be an estimated drop in new cases of physical inactivity related diseases of 670, deaths would significantly reduce and the effect of disability on end-of-life years would be vastly reduced.</para>
<para>Australia has nine golf courses ranked in the top 100 according to the US <inline font-style="italic">Golf</inline><inline font-style="italic">Digest</inline> magazine. I know Senator Colbeck's probably familiar with Barnbougle Dunes, a great drawcard in Tasmania. According to a 2015 study from the Australian Golf Industry Council, more than 1.6 million golf trips are taken annually, so, in addition to the obvious discernible health benefits, the impact on both domestic and international tourism is abundantly clear. In 2013, there were 174,000 international tourists who played golf when visiting Australia, some 3.2 per cent of all international visitors. The total number of international golf visitors to Australia has grown by 41 per cent in a recent measured period. The average length of stay for golfers is almost twice as long as that of the average tourist. The average consumer spend on international golf trips is $7,380. The expenditure on golf tourism in Australia, where golf is the primary motivation for travel, is estimated to range between $820 million and $1.09 billion. International golf tourism equates to 20 per cent of this total value. It's worth considering making golf—I can't say compulsory—more visible and more attractive for older Australians to participate. It comes back in a multitude of ways in both domestic tourism and better health outcomes. We have clear and unequivocal evidence pointing in the obvious direction, that the measurable health outcomes and the measurable effects on the economy are sufficient. Tourism Research Australia reports that 1.575 million golf trips were undertaken in Australia in a single year. This has generated a significant number of nights accommodation at golfing resorts.</para>
<para>The real point is that golf participation is incredibly valuable to the individual. It is physical activity in the later years of your life and improves your physical and mental health outcomes. It's clear that it increases muscle strength, general fitness and the ability to reduce minor trips, slips and falls. Being physically active will also slow the onset and progression of certain dementias, reduce depression and manage anxiety. It generates up to five years more of disability-free life and increases the likelihood of people living independently. This is a critically important thing. We cannot just leave sport to the young. People need to learn sport when they're young. They need to continue to play sport and be active in a reasonable way for eight or nine hours per week for all the days of their lives if they're going to avoid the onset of early disability; take up the advantage of living an independent, free life; and avoid the necessity for in-home care until later years.</para>
<para>A graphic example of the benefits of golf is a study by Karolinska Institutet in Sweden in the <inline font-style="italic">Scandinavian Journal of Medicine & Science in Sports</inline>, which found the death rate amongst golfers to be 40 per cent lower than in the rest of the population. That equates to five years of increased life expectancy. The data was based on a study of 300,000 Swedish golfers. It's clear, unequivocal and unsurprising evidence; it's basically common sense.</para>
<para>I belong to a golf club, as you may well have gathered from my contribution here tonight. The people I look up to are the ones in their 80s who are playing two or three rounds of golf a week. They are articulating all of the things that make their lives go reasonably well. They have a carriage, muscle strength and fitness level which would put a lot of younger people to shame. This investment, if you like, of eight hours physical activity a week pays back tenfold. Australia would do well to put a bit more emphasis on participation by the older category. There is not enough money in any state or federal health budget to take care of people who are basically inactive and don't take responsibility for themselves by investing in their own wellbeing and health.</para>
<para>Golf is one of those ways to do that in a fairly sociable manner conducive to a real outcome. You have camaraderie across all sectors. Golf courses are beautiful places. Whether they're cold and wet or sunny and green makes no difference. You meet good people. There are good outcomes. Australia would do well to put a lot more funding into these areas, which take more mature active people and contribute to a much better health outcome and a greater economic benefit. There is absolutely no downside to supporting this area of the Australian way of life. There is no more beautiful place in the whole of Australia than a new golf course. I commend golf to each and every senator and to anyone else who may be listening.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Warragamba Dam</title>
          <page.no>115</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>22:07</time.stamp>
    <name role="metadata">Senator FARUQI</name>
    <name.id>250362</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Right now in the parliament of my home state of New South Wales sits a bill that would devastate national parks. The New South Wales government is proposing to raise the Warragamba Dam wall by 14 metres, which would inundate up to 4,700 hectares of national parks and 65 kilometres of wild rivers. This will cause irreversible damage to the Greater Blue Mountains World Heritage Area. At least 25 threatened species are known or are likely to occur within the area that is at risk of inundation. The environment has intrinsic and inherent value, but the Liberals and Nationals just see it as an inconvenience getting in the way of their mates at the big end of town.</para>
<para>Many Aboriginal cultural heritage areas belonging to the Gundungurra people of the southern Blue Mountains will be destroyed and submerged, including cave art, scarred eucalypt trees, dreaming waterholes and marker sites. This disrespect to Aboriginal cultural heritage is appalling and unacceptable. These sites are not disposable. Thoughtless proposals like this trample on the rights of Aboriginal people to their culture and their connection to the land. To strip an area of its legal protection before an environmental impact assessment has even been done shows what we all suspect: that this is a foregone conclusion, that community consultation will be completely worthless and that an EIS will be prepared to justify a predetermined outcome. What a complete farce!</para>
<para>The Blue Mountains National Park is World Heritage listed. This is no small thing. It was listed for having an outstanding diversity of habitats and plant communities that support its globally significant species and ecosystem diversity. A significant proportion of the Australian continent's biodiversity occurs in this area. Why is the New South Wales Liberal-National government putting all this at risk? Why do they do anything? There is only one reason and it's always the same: money and greed. Their plan to raise the dam wall isn't about safety and flood management; it's all about opening up more land in our flood plains for inappropriate development. It is about taxpayers potentially spending billions to subsidise the risk of flood for property developers. Flood mitigation and risk management are important, but we can do it without destroying the environment.</para>
<para>Australian National University Associate Professor Jamie Pittock has said there are alternatives to raising the dam wall, including management of the existing storage of Warragamba Dam, improvement to flood evacuation routes, increased flood-forecasting capacity and adopting international best practice flood-plain development controls. He states:</para>
<quote><para class="block">Dams do not stop the most severe floods. Wivenhoe Dam did not save Brisbane from flooding in 2011. Flood control dams lead to downstream development on the floodplain that increases risk.</para></quote>
<para>As a civil and environmental engineer I completely concur with this analysis.</para>
<para>Make no mistake, this is just another of the New South Wales Liberals' attacks on the environment, and on our national parks in particular—like their devastating land-clearing laws, which were put in to placate their corporate donors in mining, big agribusiness and property development. They are pushing species to the brink and setting off a climate-change time bomb. And where is our federal Minister for the Environment? She's meant to be protecting our World Heritage. She is missing in action, just as she was when the Liberals in New South Wales treated our World Heritage listed Opera House as a cheap billboard. The environment can't afford an environment minister who is not willing to do her job to protect our precious environment from destruction by the Liberal and National environment vandals.</para>
<para>The raising of Warragamba Dam will drown thousands of hectares of World Heritage national park, destroy Aboriginal cultural and spiritual sites, and damage our internationally recognised wild rivers. This has nothing to do with preventing flooding and everything to do with enabling more and more inappropriate property development in the flood plain. It is all about destroying the environment because it stands in the way of big money. Even before doing an environmental impact statement or a business case, they want to remove environmental protections from our Blue Mountains National Park, the most visited park in the country. What arrogance! It's time for the Minister for the Environment to step up, take seriously her role to protect our World Heritage sites and block this proposal once and for all.</para>
<para>Senate adjourned at 22:12</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>116</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Tabling</title>
          <page.no>116</page.no>
        </subdebateinfo></subdebate.1><subdebate.1><subdebateinfo>
          <title>Tabling</title>
          <page.no>121</page.no>
        </subdebateinfo></subdebate.1></debate>
  </chamber.xscript>
</hansard>