The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
My Health Records Amendment (Strengthening Privacy) Bill 2018
(1) Schedule 1, item 6, page 4 (line 16), omit "or 69A".
(2) Schedule 1, item 7, page 4 (lines 20 and 21), omit the item.
(3) Schedule 1, item 12, page 5 (line 9) to page 8 (line 19), to be opposed.
(4) Schedule 1, item 16, page 8 (line 32) to page 9 (line 3), omit all the words from and including "sufficient certainty" to the end of subsection 70(3A), substitute "sufficient certainty to initiate consideration of the matter or concerns".
(1) Clause 2, page 2 (table), omit the table (including the note), substitute:
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Schedule 1, page 3 (before line 4), before item 1, insert:
1AA Section 3
After "national", insert "public".
1AB Section 4
After "system is a", insert "national public".
(3) Schedule 1, page 3 (after line 5), after item 1, insert:
1A Section 5
Insert:
national system employer has the same meaning as in theFair Work Act 2009 , disregarding sections 30D and 30N of that Act.
prohibited purpose has the meaning given by section 70A.
1B After subsection 6 ( 1 )
Insert:
(1A) Despite subsection (1), a person who has parental responsibility for a healthcare recipient aged under 18 is not the authorised representative of the healthcare recipient if the System Operator is satisfied that:
(a) under a court order or a law of the Commonwealth or a State or Territory, the person must be supervised while spending time with the healthcare recipient; or
(b) the life, health or safety of the healthcare recipient or another person would be put at risk if the person were the authorised representative of the healthcare recipient.
1C Subsection 6 ( 2 )
After "If there is no person who the System Operator is satisfied has parental responsibility for a healthcare recipient aged under 18,", insert "or the only such persons are covered by subsection (1A),".
1D At the end of subsection 7 ( 2 )
Add:
Note: Despite this subsection, a nominated representative must not use information for a prohibited purpose within the meaning of section 70A (even though a healthcare recipient may do so): see subsections 59A(2), 70B(2), 71A(4) and 71B(3).
1E After section 15
Insert:
16 Research or public health purposes
The System Operator's function under paragraph 15(ma) does not include providing de‑identified data to a private health insurer (within the meaning of the Private Health Insurance Act 2007 ) or any other insurer.
(4) Schedule 1, item 6, page 4 (after line 19), after subsection 17(4), insert:
(5) To avoid doubt, if the System Operator is required under subsection (3) to destroy a record that includes health information, the System Operator must also destroy the following:
(a) any copy of the record;
(b) any previous version of the record;
(c) any back‑up version of the record.
(5) Schedule 1, page 4 (after line 19), after item 6, insert:
6A Subsection 59 ( 3 ) (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
6B Subsection 59 ( 4 ) (penalty)
Repeal the penalty, substitute:
Civil penalty: 1,500 penalty units.
6C After section 59
Insert:
59A Unauthorised use of information included in a healthcare recipient ' s My Health Record for prohibited purpose
(1) A person must not use health information included in a healthcare recipient's My Health Record for a prohibited purpose, if the person obtained the information by using or gaining access to the My Health Record system.
Note: For prohibited purpose , see section 70A.
Civil penalty: 1,500 penalty units.
(2) Subsection (1) does not apply if the person is the healthcare recipient, but does apply if the person is the nominated representative of the healthcare recipient (despite subsection 7(2)).
6D Subsection 60 ( 3 ) (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
6E Subsection 60 ( 4 ) (penalty)
Repeal the penalty, substitute:
Civil penalty: 1,500 penalty units.
(6) Schedule 1, page 9 (after line 3), after item 16, insert:
16A At the end of Division 2 of Part 4
Add:
Subdivision C—Unauthorised use of information included in a healthcare recipient ' s My Health Record for prohibited purpose
70A Definition of prohibited purpose
(1) Information included in a healthcare recipient's My Health Record is used for a prohibited purpose if the person who uses the information does so for any one or more of the following purposes:
(a) the purpose of:
(i) underwriting a contract of insurance that covers the healthcare recipient; or
(ii) determining whether to enter into a contract of insurance that covers the healthcare recipient (whether alone or as a member of a class); or
(iii) determining whether a contract of insurance covers the healthcare recipient in relation to a particular event; or
(iv) a national system employer employing, or continuing or ceasing to employ, the healthcare recipient;
(b) a purpose prescribed by the regulations.
(2) If the person uses information for purposes that include, or for a purpose that includes, a purpose mentioned in subsection (1), the person is taken to be using the information for a prohibited purpose.
(3) To avoid doubt, use of information is not for a prohibited purpose if the use is solely for:
(a) the purpose of providing healthcare to the healthcare recipient; or
(b) purposes relating to the provision of indemnity cover for a healthcare provider.
(4) If a fault element applies to an element of an offence or civil penalty provision involving a prohibited purpose within the meaning of subparagraph (1)(a)(iv), absolute liability applies to the element that the employer is a national system employer.
(5) References in paragraph (1)(a) to insurance do not include State insurance that does not extend beyond the limits of the State concerned.
70B Use for prohibited purpose is unauthorised
(1) Despite Subdivisions A and B, a person is not authorised under this Division to use health information included in a registered healthcare recipient's My Health Record for a prohibited purpose.
(2) Subsection (1) does not apply if the person is the healthcare recipient, but does apply if the person is the nominated representative of the healthcare recipient (despite subsection 7(2)).
16B After Division 3 of Part 4
Insert:
Division 3A—Offences and penalties in relation to use of My Health Record ‑derived information for prohibited purpose
71A Offence for use of My Health Record ‑derived information for prohibited purpose
(1) A person commits an offence if:
(a) the person uses information; and
(b) the person does so for a prohibited purpose, and the person knows or is reckless as to that fact; and
(c) the information is health information; and
(d) the information is or was included in a healthcare recipient's My Health Record; and
(e) the person is not the healthcare recipient.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
(2) Subsection (1) does not apply if the information was not collected from, and is not derived from a disclosure that was made by, a person who obtained the information by using or gaining access to the My Health Record system. For this purpose, it does not matter whether or not any collection or disclosure of the information was authorised under this Act or any other law.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2): see subsection 13.3(3) of the Criminal Code .
(3) Strict liability applies to paragraphs (1)(d) and (e).
Note: For strict liability, see section 6.1 of the Criminal Code .
(4) Despite paragraph (1)(e) and subsection 7(2), subsection (1) of this section applies to a person who is the nominated representative of the healthcare recipient.
71B Civil penalty for use of My Health Record ‑derived information for prohibited purpose
(1) A person must not use health information that is or was included in a healthcare recipient's My Health Record for a prohibited purpose.
Civil penalty: 1,500 penalty units.
(2) Subsection (1) does not apply if the information was not collected from, and is not derived from a disclosure that was made by, a person who obtained the information by using or gaining access to the My Health Record system. For this purpose, it does not matter whether or not any collection or disclosure of the information was authorised under this Act or any other law.
Note: A person bears an evidential burden in relation to the matter in subsection (2): see section 96 of the Regulatory Powers (Standard Provisions) Act 2014 .
(3) Subsection (1) does not apply if the person is the healthcare recipient, but does apply if the person is the nominated representative of the healthcare recipient (despite subsection 7(2)).
16C Subsection 75 ( 2 ) (penalty)
Repeal the penalty, substitute:
Civil penalty: 1,500 penalty units.
16D Section 76 (penalty)
Repeal the penalty, substitute:
Civil penalty: 1,500 penalty units.
16E Subsection 77(2A) (penalty)
Repeal the penalty, substitute:
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
16F Subsection 77(2B) (penalty)
Repeal the penalty, substitute:
Civil penalty: 1,500 penalty units.
16G After subsection 97 ( 2 )
Insert:
(2A) However, the System Operator is not required to give notice of the decision to a person if the System Operator is satisfied that doing so would put at risk the life, health or safety of a person.
16H Paragraph 98 ( 1 ) (b)
Omit "Medicare;", substitute "Medicare.".
16J Paragraph 98 ( 1 ) (c)
Repeal the paragraph.
16K Subsection 105 ( 3 )
After "disclosure of" (wherever occurring), insert "de‑identified data or".
16L After paragraph 105 ( 3 ) (b)
Insert:
(ba) in connection with insurance, other than State insurance that does not extend beyond the limits of the State concerned; or
16M Subsection 105 ( 4 )
After "disclosure of", insert "de‑identified data or".
(7) Schedule 1, item 17, page 9 (after line 12), at the end of the item, add:
(3) The amendments made by items 6C, 16A and 16B of this Schedule apply in relation to the use of information after this Schedule commences, regardless of whether the information was collected before or after that commencement.
(8) Page 9 (after line 12), at the end of the Bill, add:
Schedule 2—Amendments commencing on Proclamation
My Health Records Act 2012
1 Section 5
Insert:
data custodian means the Australian Institute of Health and Welfare.
2 Paragraph 15(ma)
Repeal the paragraph, substitute:
(ma) in accordance with the guidance and direction of the Board established under section 82, to prepare and provide de‑identified data, and, with the consent of the healthcare recipient, health information, for research or public health purposes;
3 Section 16
After "de‑identified data", insert "or health information".
4 Part 5 (heading)
After "Other", insert "offences and".
5 After section 77
Insert:
77A Enforceable requirements in My Health Records Rules must not be contravened: offence
(1) An entity commits an offence if:
(a) the entity does an act or omits to do an act; and
(b) the result is that the entity contravenes a requirement imposed on the entity by My Health Records Rules made for the purposes of subsection 109(7A) and the entity is reckless as to that result; and
(c) the My Health Records Rules provide that the requirement is enforceable for the purposes of this paragraph; and
(d) the entity is not the System Operator, the Data Governance Board established by section 82 or the data custodian.
Penalty: 100 penalty units.
(2) Strict liability applies to paragraphs (1)(c) and (d).
Note: For strict liability, see section 6.1 of the Criminal Code .
6 Section 78 (at the end of the heading)
Add ": civil penalty".
7 Section 78
Before "A person", insert "(1)".
8 At the end of section 78
Add:
(2) An entity (other than the System Operator, the Data Governance Board established by section 82 or the data custodian) must not contravene a requirement imposed on the entity by My Health Records Rules made for the purposes of subsection 109(7A), if the My Health Records Rules provide that the requirement is enforceable for the purposes of this subsection.
Civil penalty: 100 penalty units.
9 After Part 6
Insert:
Part 7—Data Governance Board
Division 1—Establishment and functions
82 Data Governance Board
The Data Governance Board is established by this section.
83 Functions of the Board
(1) The functions of the Data Governance Board are:
(a) to oversee the operation of the framework prescribed by My Health Records Rules made for the purposes of subsection 109(7A), including by:
(i) assessing applications for the collection, use or disclosure of de‑identified data and health information for research or public health purposes; and
(ii) guiding and directing the System Operator in the performance of its function under paragraph 15(ma) (preparing and providing de‑identified data and health information); and
(iii) taking steps to ensure the ongoing protection of de‑identified data and health information used by, or disclosed to, persons for research or public health purposes and that the data and information is being used and disclosed only for those purposes; and
(b) any other functions conferred on the Board by this Act or the My Health Records Rules.
(2) The Board does not have any functions, and must not perform any role, in relation to the day‑to‑day operation of the My Health Record system.
Division 2—Membership
84 Membership
The Data Governance Board consists of the following members:
(a) the Chair of the Data Governance Board;
(b) the Deputy Chair of the Data Governance Board;
(c) at least 7, and no more than 10, other members.
85 Appointment of members
(1) Members are to be appointed by the Minister by written instrument, on a part‑time basis.
(2) The Minister must appoint one member to be the Chair and another member to be the Deputy Chair.
86 Qualifications and experience
(1) The Minister must appoint the following as members:
(a) a person who represents the System Operator;
(b) a person who represents the data custodian;
(c) a person who is an Aboriginal person or a Torres Strait Islander.
(2) A person (including a person appointed in accordance with subsection (1)) is not eligible for appointment as a member of the Data Governance Board unless the person has skills or experience in, or knowledge of, one or more of the following fields:
(a) population health and epidemiology;
(b) medical or health research;
(c) health services delivery;
(d) technology;
(e) data science;
(f) data governance;
(g) privacy;
(h) consumer advocacy.
87 Acting appointments
(1) The Minister may, by written instrument, appoint a person to act as the Chair:
(a) during a vacancy in the office of Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
(2) The Minister may, by written instrument, appoint a person to act as the Deputy Chair:
(a) during a vacancy in the office of Deputy Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Deputy Chair:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
88 Term of appointment and other terms and conditions
(1) A member of the Data Governance Board holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
(2) A member of the Data Governance Board holds office on the terms and conditions (if any) in relation to matters not covered by this Part that are determined by the Minister.
89 Remuneration
(1) A member of the Data Governance Board is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed by an instrument made under subsection (4).
(2) A member is to be paid the allowances that are prescribed by an instrument made under subsection (4).
(3) This section has effect subject to the Remuneration Tribunal Act 1973 .
(4) The Minister may, by legislative instrument, prescribe:
(a) remuneration for the purposes of subsection (1); and
(b) allowances for the purposes of subsection (2).
90 Resignation
(1) A member of the Data Governance Board may resign the member's appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
91 Termination of appointment
(1) The Minister may terminate the appointment of a member of the Data Governance Board:
(a) for misbehaviour; or
(b) if the member is unable to perform the duties of the member's office because of physical or mental incapacity.
(2) The Minister may terminate the appointment of a member of the Data Governance Board if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the member's creditors; or
(iv) makes an assignment of the member's remuneration for the benefit of the member's creditors; or
(b) the member is absent, except on leave of absence, from 3 consecutive meetings of the Board; or
(c) the member engages in paid work (within the meaning of section 93) that, in the Minister's opinion, conflicts or could conflict with the proper performance of the member's duties (see section 93); or
(d) the member fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
92 Leave of absence
The Minister may grant leave of absence to anymember of the Data Governance Board on the terms and conditions that the Minister determines.
93 Other paid work
(1) A member of the Data Governance Board must not engage in any paid work that, in the Minister's opinion, conflicts or could conflict with the proper performance of the member's duties.
(2) In subsection (1):
paid work means work for financial gain or reward (whether as an employee, a self‑employed person or otherwise).
Division 3—Meetings of the Data Governance Board
94 Convening meetings
(1) The Data Governance Board must hold such meetings as are necessary for the efficient performance of its functions.
(2) The Chair of the Data Governance Board:
(a) may convene a meeting at any time; and
(b) must convene a meeting within 30 days after receiving a written request to do so from another member of the Board.
95 Presiding at meetings
(1) The Chairof theData Governance Boardmust preside at all meetings at which the Chair is present.
(2) If the Chairis not present at a meeting at which the Deputy Chair is present, the Deputy Chair must preside.
(3) If neither the Chair nor the Deputy Chair is present at a meeting, the other members present must appoint one of themselves to preside.
96 Quorum
(1) At a meeting of the Data Governance Board, a quorum is constituted by a majority of members of the Board.
(2) However, if:
(a) a member of the Board is required by rules made for the purposes of section 29 of the Public Governance, Performance and Accountability Act 2013 not to be present during the deliberations, or to take part in any decision, of the Board with respect to a particular matter; and
(b) when the member leaves the meeting concerned there is no longer a quorum present;
the remaining members at the meeting constitute a quorum for the purpose of any deliberation or decision at that meeting with respect to that matter.
96A Voting at meetings
(1) A question arising at a meeting of the Data Governance Board is to be determined by a majority of the votes of the members of the Board present and voting.
(2) The person presiding at a meeting of the Board has a deliberative vote and, if the votes are equal, a casting vote.
96B Conduct of meetings
The Data Governance Board may, subject to this Division, regulate proceedings at its meetings as it considers appropriate.
Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members of the Board may participate in meetings.
96C Minutes
The Data Governance Board must keep minutes of its meetings.
96D Decisions without meetings
(1) The Data Governance Board is taken to have made a decision at a meeting if:
(a) without meeting, a majority of the members of the Board entitled to vote on the proposed decision indicate agreement with the decision; and
(b) that agreement is indicated in accordance with the method determined by the Board under subsection (2); and
(c) all the memberswere informed of the proposed decision, or reasonable efforts were made to inform all the members of the proposed decision.
(2) Subsection (1) applies only if the Board:
(a) has determined that it may make decisions of that kind without meeting; and
(b) has determined the method by which members are to indicate agreement with proposed decisions.
(3) For the purposes of paragraph (1)(a), a memberis not entitled to vote on a proposed decision if the member would not have been entitled to vote on that proposal if the matter had been considered at a meeting of the Board.
(4) The Board must keep a record of decisions made in accordance with this section.
Note: Section 33B of the Acts Interpretation Act 1901 contains further information about the ways in which members of the Board may participate in meetings.
Division 4—Other matters relating to the Data Governance Board
96E Relationship between System Operator and Data Governance Board in relation to data for research or public health purposes
(1) In performing the function mentioned in paragraph 15(ma), the System Operator must comply with a direction from, and follow the guidance of, the Data Governance Board.
(2) If rules made for the purposes of subsection 109(7A) require the Data Governance Board to take steps to ensure that de‑identified data and health information disclosed to persons for research or public health purposes is being used only for those purposes, the System Operator must not take any steps of its own to ensure that the data and information is being used only for those purposes.
(3) Subsection (2) does not imply that the System Operator has a duty to take steps in relation to use of data and information at a time when there are no rules of the kind mentioned in subsection (2).
96F Board committees
(1) The Data Governance Board may establish a committee or committees to assist in carrying out the functions of the Board.
(2) The Board may dissolve a committee at any time.
(3) The functions of a committee are as determined by the Board.
(4) In performing its functions, a committee must comply with any directions given to the committee by the Board.
(5) A question arising at a meeting of a committee is to be determined by a majority of the votes of committee members present.
(6) A committee must inform the other members of the Board of its decisions.
(7) A committee may regulate proceedings at its meetings as it considers appropriate.
(8) A committee must ensure that minutes of its meetings are kept.
96G Delegation of functions
(1) If the Secretary of the Department consents to the Data Governance Board delegating functions to APS employees in the Department, the Board may delegate any or all of its functions to such an APS employee.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) If the chief executive officer (however described) of the data custodian consents to the Board delegating functions to members of the staff mentioned in subsection 19(1) of the Australian Institute of Health and Welfare Act 1987 , the Board may delegate all or any of its functions to such a member of staff.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(3) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Board.
(4) The delegation continues in force despite a change in the membership of the Board.
(5) The delegation may be varied or revoked by the Board (whether or not there has been a change in the membership of the Board).
96H Annual report
(1) As soon as practicable after the end of each financial year, the Data Governance Board must prepare and give a report to the Minister, for presentation to the Parliament, on the Board's activities during the financial year.
Note: See also section 34C of the Acts Interpretation Act 1901 , which contains extra rules about annual reports.
(2) A report on the Department's activities given under section 46 of the Public Governance, Performance and Accountability Act 2013 does not need to include a report on the activities of the Board.
96J Board is part of the Department
For the purposes of paragraph (a) of the definition of Department of State in section 8 of thePublic Governance, Performance and Accountability Act 2013 , the Data Governance Board is prescribed in relation to the Department.
10 Subsection 105 ( 2 )
After "System Operator", insert ", Data Governance Board and data custodian".
11 After paragraph 105 ( 6 ) (a)
Insert:
(aa) the Data Governance Board;
(ab) the data custodian;
12 Subsection 109(7A)
Repeal the subsection, substitute:
My Health Records Rules may relate to research or public health purposes
(7A) The My Health Records Rules may, in accordance with section 109A, prescribe a framework to guide the collection, use and disclosure of de‑identified data and, with the consent of healthcare recipients, health information, for research or public health purposes.
13 Subsection 109 ( 9 )
Omit "the My Health Records Rules", substitute "My Health Records Rules made for purposes other than subsection (7A)".
14 After section 109
Insert:
109A My Health Records Rules relating to data for research or public health purposes
Examples of what the rules may do
(1) Without limiting subsection 109(7A), My Health Records Rules made for the purposes of that subsection (the rules ) may do any or all of the following:
(a) impose requirements on the System Operator, the Data Governance Board established by section 82, the data custodian and other entities, including procedures that must be followed, in relation to preparing, providing, collecting, accessing, using and disclosing health information and de‑identified data;
(b) provide that any or all such requirements are enforceable for the purposes of paragraph 77A(1)(c) or subsection 78(2);
(c) make provision in relation to the performance of the Board's functions set out in paragraph 83(1)(a);
(d) authorise the Board to make written policies and guidelines to be followed by other entities for the purposes of giving effect to the prescribed framework.
Functions of data custodian
(2) The data custodian has the following functions, and the rules may make provision in relation to the performance of those functions:
(a) under the direction of the Data Governance Board and in accordance with this Act—helping to implement the prescribed framework by:
(i) receiving de‑identified data and health information from the My Health Record system; and
(ii) as necessary—de‑identifying health information; and
(iii) as necessary—providing data linkage services (within the meaning of the rules); and
(iv) preparing and providing de‑identified data and health information to users of data and information whose use has been approved by the Data Governance Board; and
(v) ensuring that users of de‑identified data and health information are subject to conditions of use;
(b) any other functions conferred on the data custodian by this Act or the rules.
Limits on rules
(3) The rules:
(a) must not allow the health information of a healthcare recipient to be collected, used or disclosed otherwise than with the consent of the healthcare recipient; and
(b) must not allow de‑identified data or health information to be provided to a private health insurer (within the meaning of the Private Health Insurance Act 2007 ) or any other insurer (with or without the consent of the healthcare recipient); and
(c) must not provide that any of the following is enforceable for the purposes of paragraph 77A(1)(c) or subsection 78(2):
(i) a provision of a policy, guideline or other instrument made under the rules;
(ii) a provision of the rules that requires an entity to comply with such a policy, guideline or instrument.
Constitutional limits on rules
(4) If the rules make provision for the disclosure of de‑identified data or health information obtained by using or gaining access to the My Health Record system, the rules must have the effect that the data or information is to be disclosed only:
(a) by means of a postal, telegraphic, telephonic or other like service; or
(b) by or to a corporation to which paragraph 51(xx) of the Constitution applies; or
(c) by or to a person within a Territory or a place acquired by the Commonwealth for a public purpose; or
(d) by or to the Commonwealth or an authority of the Commonwealth.
(5) The rules may make other provision in relation to de‑identified data or health information only:
(a) to ensure that collection, use and disclosure of data or information does not result in an interference with privacy of the kind the Commonwealth has international obligations to protect against, including under the International Covenant on Civil and Political Rights (in particular Article 17 of the Covenant); or
Note: The text of the Covenant is set out in Australian Treaty Series 1980 No. 23 ([1980] ATS 23). In 2018, a text of a Covenant in the Australian Treaties Series was accessible through the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
(b) for purposes related to collecting, preparing, analysing or publishing statistics; or
(c) by providing for data or information to be collected from or by, used by or disclosed by or to, any of the following:
(i) a corporation to which paragraph 51(xx) of the Constitution applies;
(ii) a person within a Territory or a place acquired by the Commonwealth for a public purpose;
(iii) the Commonwealth or an authority of the Commonwealth.
(1) Amendment (3), item 1A, omit the definition of national system employer .
(2) Amendment (6), item 16A, subparagraph 70A(1)(a)(iv), omit "a national system employer", substitute "an employer".
(3) Amendment (6), item 16A, omit subsection 70A(4).
(4) Amendment (6), item 16A, at the end of section 70A, add:
(6) For the purposes of this section, using information for a purpose includes requesting or requiring the information for that purpose.
(5) Amendment (6), item 16B, before section 71A, insert:
71AA Definitions
In this Division:
My Health Record of a healthcare recipient includes a My Health Record of the healthcare recipient that has been cancelled or suspended.
use information for a purpose includes request or require the information for that purpose.
That this bill be now read a third time.
Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017
At the end of the motion, add:
", but the Senate:
(a) supports increased transparency throughout our political system,
(b) notes the current threshold for disclosure of political donations is too high, at $10,000 (indexed to inflation); and
(c) believes the threshold for disclosure of political donations should be set at $1,000, not indexed to inflation."
Foreign nationals can still, under this bill, make enormous and influential donations to political parties, if it is done through a permanent resident or a foreign-owned corporation or a subsidiary that is incorporated in Australia.
Leave out all words after "that", insert:
"the bill be withdrawn because the Senate is of the opinion that:
(a) the bill ignores corporate influence over politics and disproportionately targets the not-for-profit sector, which is an attack on public interest advocacy;
(b) the bill is likely to discourage charities from engaging in issue-based advocacy in furtherance of their charitable purposes, because of uncertainty in the definition of 'electoral matter';
(c) there is no public interest benefit to the proposed added layer of regulation for the charitable sector, because the existing regulatory framework for not-for-profit organisations under the Charities Act 2013 is sufficient to prevent charitable organisations from engaging in partisan political activities; and
(d) the Commonwealth Electoral Act 1918 should be amended to introduce caps on campaign expenditure by political parties, candidates and associated entities, which are indexed to inflation and subject to periodic review."
Selection Of Bills Committee
REPORT NO. 13 OF 2018
1. The committee met in private session on Wednesday, 14 November 2018 at 7.12 pm.
2. The committee recommends that—
(a) the provisions of the Migration Amendment (Strengthening the Character Test) Bill 2018 be referred immediatel y to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 18 January 2019 (see appendix 1 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
4. The committee deferred consideration of the following bills to its next meeting:
Customs Tariff Amendment (Peru-Australia Free Trade Agreement Implementation) Bill 2018
Appendix 1
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Migration Amendment (Strengthening the Character Test) Bill 2018
Reasons for referral/principal issues for consideration:
To provide further scrutiny on the impact of this bill on the Australian community
Possible submissions or evidence from:
Department of Home Affairs
New Zealand High Commission and relevant parties
Law Council of Australia and relevant legal representative bodies
Refugee Council of Australia and relevant refugee representative bodies
Other related organisations
Committee to which bill is to be referred:
Senate Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
Friday, 18 January 201 9
Appendix 2
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Migration Amendment (Strengthening the Character Test) Bill 2018
Reasons for referral/principal issues for consideration:
This will lower an already low bar for refusing or cancelling the visas of non-citizens, for reasons such as sharing intimate images, verbally threatening someone, associating with members of a gang, or holding a rock in a threatening way.
Possible submissions or evidence from:
Law Council of Australia, Human Rights Law Centre, Civil Liberties Australia, Kaldor Centre for International Refugee Law, Refugee Advice and Casework Service, Immigration and Advice and Rights Centre, and Refugee and Immigration Legal Service.
Committee to which bill is to be referred:
Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
December 12-13, 2018
Possible reporting date:
First sitting week of 2019
That the report be adopted.
That—
(a) government business orders of the day as shown on today's order of business be considered from 12.45 pm today; and
(b) government business be called on after consideration of the bills listed in paragraph (a) and considered till not later than 2 pm today.
Non-controversial government business—
No. 7 Aviation Transport Security Amendment Bill 2018
No. 8 Maritime Legislation Amendment Bill 2018
No. 9 National Housing Finance and Investment Corporation Amendment Bill 2018
No. 10 Shipping Registration Amendment Bill 2018
No. 11 Treasury Laws Amendment (Black Economy Taskforce Measures No. 2) Bill 2018
Excise Tariff Amendment (Collecting Tobacco Duties at Manufacture) Bill 2018
No. 12 Treasury Laws Amendment (Financial Sector Regulation) Bill 2018
That the order of general business for consideration today be as follows:
(a) general business order of the day no. 96 (Australian Broadcasting Corporation Amendment (Appointment of Directors) Bill 2018); and
(b) orders of the day relating to documents.
That Senators Canavan, Payne and Ruston be granted leave of absence for today, on account of parliamentary business.
That Senators Marshall and Dodson be granted leave of absence for today, on account of parliamentary business.
That so much of the standing orders be suspended as would prevent me moving a motion to provide for the consideration of a matter, namely a motion to provide that a motion relating to the routine of business for today, may be moved immediately and determined without amendment or debate.
The Senate divided. [12:22]
(The President—Senator Ryan)
That a motion relating to the routine of business for today may be moved immediately and determined without amendment or debate.
That the question be now put.
The Senate divided. [12:29]
(The President—Senator Ryan)
The Senate divided. [12:35]
(The President—Senator Ryan)
(c) after consideration of the bill has concluded, the routine of business shall be consideration of general business order of the day no. 96 (Australian Broadcasting Corporation Amendment (Appointment of Directors) Bill 2018) for not more than 90 minutes and then the Senate shall return to its routine of business.
The Senate divided. [12:39]
(The President—Senator Ryan)
Australian Research Council Amendment (Ensuring Research Independence) Bill 2018
That the following bill be introduced: A Bill for an Act to amend the Australian Research Council Act 2001, and for related purposes.
Question agreed to.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
This Bill amends the Australian Research Council Act 2001 (ARC Act) . The intent of the Bill is to remove Ministerial discretion from approving or rejecting research grants recommended and administered by the Australian Research Council (ARC). The ARC is established as an independent Commonwealth body under theARC Act .
Currently, the Act gives the Minister the power approve or reject research grants that have been recommended by the ARC, including powers relating to the approval of expenditure on research programs, primarily sections 51–53 of the ARC Act (in Division 1 of Part 7). This Bill amends various provisions in the Act to remove the Minister's discretion to approve or reject a research proposal recommended by the ARC by providing that the Minister must approve a research proposal and the associated expenditure recommended by the ARC.
It is not remotely novel to suggest that academic research grant funding in Australia should be completely independent of the Government of the day. That is why today, I am introducing a Greens bill to amend the ARC Act to remove political interference from research.
This would mean that research projects, recommended by experts at the Australian Research Council, after a thorough vetting and peer review by the ARC, will be free from political and ideological interference.
No Minister should be able to dictate which research projects get funded and which ones don't. The true test of academic freedom is that it must be free from political interference, no matter who is in Government. It should be based only on an independent rigorous assessment process.
We know that this isn't currently true. It has been recently revealed that under this Government, former Education Minister, Senator Birmingham, vetoed eleven grants worth $4.2 million.
The reality is that it is entirely possible under the current system for the Minister to reject a research grant, which has been approved by the ARC, on almost any ground including disagreement with the subject matter or even the political leanings of the researcher. It is not hard to imagine that if we continue down this road, any number of research areas could be vetoed. If the Minister is a climate denier, defund all climate work. If the Minister is a coal hugger, defund all renewables work. If the Minister hates non-Western culture, bam there it goes.
We need to trust the research process. I was an academic for many years; I know getting an ARC grant is no easy thing. In 2017, the ARC approved only 18% of discovery grant applications and 17% of Discovery Early Career Researcher Awards. In 2018, only 20% of Future Fellowships applications were awarded.
Academics have a right to be supported in developing and maintaining their pursuit of research with freedom and trusting the centuries old tried and tested process. Funding should not be tied to ideological leanings of Ministers.
This approach is not without precedent, there are other similar bodies which have grant-making responsibilities but operate without Ministerial involvement in funding approval decisions. The National Health and Medical Research Council (NHMRC) reports to the Health Minister, who does not have any formal role in the grant approval process.
There's no need for a Minister to be involved in which research projects get approved and funded. It may assist the Senate to be reminded of the rigour with which applications for funding through ARC are assessed.
To begin with, the Grant Guidelines are developed in consultation with the research community in Eligible Organisations. Every Application is checked by the ARC against the eligibility criteria set out in the relevant scheme Grant Guidelines. This is done initially by General Assessors, who are distinguished academic researchers drawn from the ARC College of Experts. Detailed Assessors who are experts in the subject matter, drawn from the ARC Assessor Community, then review the project. The applications are then ranked and brought to a Selection Advisory Committee who make a recommendation to the Minister.
This is a highly organised and strategic process based on the age old process of peer review. The Minister simply isn't qualified to make these decisions. It doesn't even seem like the then Minister for Education Senator Birmingham bothered to find out more about any of the projects or contact the researchers before striking his red pen through it.
We as a country are poorer when political interference tampers with academic research.
For individual researchers it devalues their work and their time. Brett Hutchins, Professor of Media and Communications Studies at Monash University and Libby Lester, Professor of Journalism, Media and Communications at University of Tasmania had their research on environmentalism knocked back by the Minister for no reason. They said "We can live with rejection – it is a professional by-product of producing research. However, the rules through which funding decisions are reached should be transparent and the reasons for rejection should be communicated clearly to researchers and their universities. Neither has occurred on this occasion".
Academic Mark Stevens was another academic who had his research vetoed. After political interference from Minister Birmingham to veto his successful grant, he was forced to move overseas and now lectures at the University of Essex in the United Kingdom. He said that the veto had "very real, human effects" and his family had been put through hardship by having to move overseas to find work. "Securing that grant would have been a way of staying in Australia, where [my wife and I] were born, raised, educated, and where we worked".
For the research community it undermines confidence and job security. The universities themselves have come out strongly against political interference. Universities Australia chief executive Catriona Jackson said "You don't expect the federal sports minister to choose Australia's Olympic team. Our world-leading researchers depend on an impartial system that funds research on the basis of merit – this is why we rely on the competitive peer-review system to fund the highest quality applications."
This is just one of a litany of attacks on universities by the Liberal-National Government. The contempt for higher education from this Government is really troubling. The funding cut of $2.2 billion, effectively reintroduced a cap on a sector still reeling from billions cut from their budgets under the Gillard Labor Government. We have attacks on freedom of protest at universities by the Government and we have this ridiculous proposal for a national interest test for research grants.
And just when you think the Morrison Government is beginning to end its war on universities and students by lifting the cap on places at regional universities, we find out they are robbing Peter to pay Paul by cutting research grants to fund this.
There is no end to their attack on higher education.
The Government and the opposition response has been weak. Merely publishing the reasons for the veto is not good enough. It is already too late. There is no justification for the veto and it has to go. No Minister, no matter which party they are from, should be able to undermine the rigorous approval process of academic research grants.
I commend the Bill to the Senate.
Aviation Transport Security Amendment Bill 2018
That this bill be now read a third time.
Maritime Legislation Amendment Bill 2018
That this bill be now read a third time.
National Housing Finance and Investment Corporation Amendment Bill 2018
I rise to speak on the National Housing Finance and Investment Corporation Amendment Bill 2018 and I am pleased to indicate that Labor will be supporting the Bill.
The legislation which first established the National Housing Finance and Investment Corporation (NHFIC) was passed by the Parliament at the end of the Winter Parliamentary Sittings on 28 June 2018, also with Labor's support.
However, at that time there was no opportunity for the House of Representatives to consider any amendments to the Bill that might be forward by the Senate prior to the NHFIC's proposed establishment date of 1 July 2018.
In order to prevent any undue delay in the NHFIC's establishment, and to facilitate its board being put in place in a timely fashion, Labor reached an agreement with the Government to withdraw our amendments and allow for that Bill's unamended passage.
This support was contingent on the Government providing an undertaking to introduce, and support, new legislation containing Labor's amendments in these Spring parliamentary sittings.
We received that written undertaking from then Treasurer Scott Morrison, and this Bill honours that commitment from Government.
Labor are very pleased to have seen the NHFIC set-up, as the establishment of a bond aggregator to assist the community housing sector was a key part of Labor's Plan for Housing Affordability & Jobs released in April 2017.
The Bill itself contains 3 amendments to the original legislation - including Labor's sensible and measured amendments.
These include a requirement that at least one director on the Board of the National Housing Finance and Investment Corporation has relevant skills and experience in social and affordable housing gained in the community.
This proposal was put forward by a number of community housing providers during the Senate Inquiry into the NHFIC, including St George Community Housing Limited who stated - and I quote:
A further amendment will bring forward the review of operation of this Act to as soon as possible after the period of 2 years beginning when this Act commences.
This review is to allow for key issues surrounding the loan cap, funding for capacity building, and the use of the National Housing Infrastructure Facility (NHIF) to be canvassed.
The remaining amendment proposed by the Government contained in Schedule 1 establishes a $1 billion special account for the purpose of the Affordable Housing Bond Aggregator (AHBA).
This amendment will allow the NHFIC to draw down on a $1 billion line of credit to support the AHBA. The existing $150 million appropriated for the AHBA is to be credited to the special account.
Funding gap
Labor sees considerable benefit in a bond aggregator however, it is regrettable that the Coalition Government in its more than 5 years in office has ignored the other key issues holding back the Australian community housing sector from delivering affordable rental housing at the scale.
And that scale of need is significant. Research released just today by the Australian Housing and Urban Research Institute (AHURI) has identified that the current unmet need for social housing across the country is more than 430,000 dwellings.
Yet the Government, contrary to all expert advice, have failed to address the so-called 'yield' or 'funding' gap.
We know that policies to address the yield gap are necessary to complement the work of a bond aggregator, and such policies are key features of successful aggregators operating overseas.
When last in Government, Labor took decisive steps to address the funding gap via the National Rental Affordability Scheme (NRAS).
The NRAS scheme has delivered more than 36,000 new dwellings, with more than 2/3rds owned or managed by community housing providers.
That scheme has delivered real relief to its tenants that were experiencing rental and housing stress. The Department of Social Services annual report indicates that NRAS has increased the availability of affordable rental housing to low and moderate income households and has reduced the rent for dwellings in the scheme.
Importantly, NRAS reduced the proportion of NRAS households in rental stress by more than 20 percentage points and 60,000 people have benefited from the Scheme, including more than half of tenants with household incomes of less than $40,000.
Regrettably, the Coalition axed the expansion of the NRAS scheme to 50,000 dwellings.
Since that time Labor has been consistent in its calls for the Government to develop, as a matter of urgency, a policy and funding framework that bridges the yield gap.
Yet it has become abundantly clear that the Coalition Government has no intention of addressing this issue, or having any meaningful policy to address the broader issues of housing affordability and supply.
Only a Labor Government will tackle the housing affordability crisis. We have announced a comprehensive series of policies to this end, and will have more to say in the lead up to the next election.
I commend the Bill to the House.
That this bill be now read a third time.
Shipping Registration Amendment Bill 2018
That this bill be now read a third time.
Treasury Laws Amendment (Black Economy Taskforce Measures No. 2) Bill 2018
Excise Tariff Amendment (Collecting Tobacco Duties at Manufacture) Bill 2018
That this bill be now read a third time.
Treasury Laws Amendment (Financial Sector Regulation) Bill 2018
That this bill be now read a third time.
Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017
Universities Australia welcomes the proposed amendments to the Bill, and believes they effectively resolve the concerns that the university sector had with the original Bill.
Universities Australia strongly supports the amendments proffered by the Government to resolve the university sector's concerns with the original Bill. Additionally, we believe the amendments will provide greater clarity to the disclosure requirements in the Commonwealth Electoral Act, which will be warmly welcomed by universities and other organisations in the research sector.
Universities Australia urges the Parliament to adopt the proposed amendments to the Bill prior to its passage. We believe that the amendments represent a sound response to the Committee's advisory report on the Bill …
We welcome the manner in which the Australian Government has responded to the recommendations of the previous JSCEM Inquiry into the Bill.
… … …
We also recognise the work of the members of JSCEM and their clear commitment to ensuring that any Bill which is passed is fit-for-purpose …
… there will be no impact on our members—
and the health promotion work they undertake. Furthermore, the greater clarity given to the academic exemption also provides an additional reassurance that the work of medical researchers would not fall under the remit of this legislation.
… encourage the committee and the Parliament to support these amendments being made to the Bill.
This proposed law adopts a far more sensible approach to regulating election communications while ensuring charities and other community groups are free to speak up about their work.
… … …
We welcome the major improvements to this bill and thank MPs across the parties for their constructive engagement on this issue.
Given the narrowed scope of the new defined term 'electoral matters', universities will not be subjected to onerous political campaigner reporting requirements. Importantly, philanthropic donations will not be captured, thus enabling the university to continue to receive these vital funds to advance its academic activities. … … …
… the University welcomes and supports the proposed changes to the Bill, and thanks the Australian Government for addressing the concerns raised by the sector.
The proposed amendments are sensible and well targeted and have therefore been welcomed by various stakeholders across the not-for-profit sector.
The government should be commended for listening to the widespread and serious concerns raised about the bill from a diverse range of stakeholders, and for responding so comprehensively to both these concerns and the various recommendations made by the JSCEM when it first examined the bill earlier this year.
… … …
It’s reasonable to expect that where charities do undertake electioneering activities, they should meet some basic transparency requirements regarding how much they spend on these activities and whether they received any larger donations to fund this spending. And charities are already required to do that anyway under the existing law.
… … …
… it’s a hard argument to make that charities should receive a special exemption.
We welcome the way in which the Australian Government has responded to the recommendations of the previous JSCEM Inquiry into the Bill.
The IPA therefore welcomes these amendments, insofar as they achieve the government's objective without casting a net that is unduly and unreasonably wide.
… … …
… the government's amendments represent a substantial improvement on the bill in its original form.
… acknowledges his decision … was an error of judgement, made in desperation to hold onto predecessor Malcolm Turnbull's seat, Wentworth.
… proactive. They must be alert and they must call this out in their communities …
At this point I cannot pinpoint.
That the Senate take note of the explanation.
There is a clear need for the stakeholder group to be better informed on Aboriginal issues in the NT …
This has been demonstrated by recent NT media on NT land claims which has attracted negative, uninformed comment from members of the recreational fishing community.
That the Senate take note of the answers given by ministers to questions without notice asked by Opposition senators today.
That the Senate take note of the answer given by the Minister for Finance and the Public Service (Senator Cormann) to a question without notice asked by Senator Di Natale today relating to the Muslim community.
That the Senate take note of the report.
The unreasonable sales goals at Wells Fargo took a huge toll on workers like myself. Like many retail banks here in Australia, the branch where I worked was structured in such a way that we had to meet a sales quota every day. If I did not meet my sales goals, I could be written up for discipline and risk being fired.
This kind of pressure means that bank employees must always prioritise selling product rather than just focusing on serving customers or what best matches their needs. I had a quota of approximately 10 to 20 sales products a day. That means between two and three new accounts and between two and three new credit cards, loans and daily referrals to insurance and mortgage products. While working as a personal banker I was being trained and working hard to be promoted to a business banker. My supervisor encouraged me to take on both roles in order to get promoted. This resulted in having two sets of sales goals that I had to meet, not only to show my manager that I was qualified for this promotion but also to earn my commission and continue to earn a living wage.
Our members believe that improving the standing of their industry requires a change in the culture of target-driven performance management and cost control introduced and perpetrated by management. We have today heard from a former Wells Fargo worker who spoke of a system that encouraged and turned a blind eye to mis-selling of products that resulted in two million bank accounts reportedly being opened either fraudulently or without the customer's consent. A culture like this exists in Australia's banking and financial services sector. It manifests in the remuneration models and structure that are fixated on revenue and financial measures rather than on developing and promoting a professional approach to the provision of financial services and products based on customer needs rather than rewarding product pushing or denying legitimate claims.
The culture and conduct of the banks was driven by, and was reflected in, their remuneration practices and policies.
The conduct that is at the heart of the Commission's work is inextricably connected with remuneration practices, with deficiencies in governance and risk management and with the culture of the entities concerned.
… … …
At least until very recently, the central tenet of the remuneration policies of not only the four largest banks but other banks as well (apart from the mutuals) has been to reward what the organisation treats as important: sales and profit. If there were exceptions to this approach, they were immaterial.
The conduct identified and criticised in this report was driven by the pursuit of profit – the entity's revenue and profit and the individual actor's profit. Employees of banks learned to treat sales, or revenue and profit, as the measure of their success.
… … …
… almost every piece of conduct identified and criticised in this report can be connected directly to the relevant actor gaining some monetary benefit from engaging in the conduct.
… we think there are areas of current industry practice that could and should be reviewed, in particular around some of the types of conflicted remuneration involving bonuses and soft dollar commissions that are paid. It is also the case that we would say that some of the other powers that we were talking about earlier would help to ensure that you get the right sorts of outcomes in this sector. Responsible lending is a very important legislative regime and it is one that we think does its job overall, but it is important to supplement it with some of those other powers that we were talking about earlier in relation to product intervention …
Is it desirable to prescribe that some or all of those who are not employees of banks, but deal with bank customers, must act in the interests, or the best interests, of the client? In particular, what duty, if any, should a mortgage broker owe to the prospective borrower? Is value based commission, paid to the broker by the lender, consonant with that duty? Should a mortgage aggregator owe any duty to the borrower? Again, are the remuneration arrangements for aggregators consonant with that duty?
Recommendation 1
5.34 The committee recommends that the Commonwealth Government give the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry an extension of time to report—
Recommendation 2
5.38 The committee recommends that the Commonwealth Government provide a response to the Parliamentary Joint Committee on Corporations and Financial Services' inquiry into the impairment of customer loans—
Recommendation 3
5.40 The committee recommends that the Commonwealth Government consider increased funding for community legal and financial counselling services dealing with victims of financial misconduct.
That the Senate take note of the report.
AUSTRALIAN GOVERNMENT RESPONSE TO THE SENATE ECONOMIC REFERENCES COMMITTEE REPORT INTO THE SITE SELECTION PROCESS FOR A NATIONAL RADIOACTIVE WASTE MANAGEMENT FACILITY
INTRODUCTION
The Australian Government welcomes the opportunity to respond to the findings and recommendations of the Senate Economic References Committee report into the site selection process for a National Radioactive Waste Management Facility (the Facility), and agrees to the Committee's recommendations, either in full or in-principle.
The process undertaken by the Minister for Resources and Northern Australia and the department, including seeking nominations and making a decision on a site, is consistent with the requirements set out in the National Radioactive Waste Management Act 2012 (the Act). In addition to those requirements the department engaged in a comprehensive community consultation process resulting in the communities being empowered to make an informed decision.
Consultation and engagement with the Aboriginal communities has been and remains respectful and comprehensive; consistent with broader community engagement undertaken over the nomination period. Importantly, independent of an individual's view regarding the project, the process has facilitated aboriginal community members participating in heritage discussions, visiting ANSTO, nominating for committees and where possible engaging in the site characterisation activities. The Government welcomes the recommendation relating to Indigenous engagement, which aligns with the department's existing and future plans.
What constitutes broad support in each community will necessarily vary depending on the different interest groups involved in a particular site. Setting a mandated threshold does not provide comfort that all voices in the community who wish to be heard will be heard. It may also disenfranchise minority elements of the community or result in a minority group having an automatic veto or dictating power over the majority.
The Minister's ability to exercise judgement to determine whether there is broad community support, based on the circumstances relevant to each nomination, is consistent with his absolute discretion under the Act.
The Government does not support the recommendations proposed in the dissenting statements by the Australian Greens or Centre Alliance which it believes would hinder rather than progress this important national project. However, it will continue to engage with all parties in taking forward the process to select a site and establish the Facility.
AUSTRALIAN GOVERNMENT RESPONSE TO THE SENATE ECONOMIC REFERENCES COMMITTEE REPORT INTO THE SITE SELECTION PROCESS FOR A NATIONAL RADIOACTIVE WASTE MANAGEMENT FACILITY
AUSTRALIAN GOVERNMENT RESPONSE TO THE SELECT COMMITTEE ON RED TAPE REPORT:
EFFECT OF RED TAPE ON OCCUPATIONAL LICENSING
Interim report
November 2018
The Australian Government notes the recommendations made in the interim report of the Select Committee on Red Tape in respect of occupational licensing.
In the submission provided to the Committee, the Department of Education and Training outlined the use of mutual recognition in Australia. Mutual recognition is a method through which the regulatory burden from occupational licensing can be reduced for individuals who are moving and operating between states in a licensed occupation.
While the Australian Government administers the legislation for mutual recognition (the Mutual Recognition Act 1992 ), its actual use and application sits with the states and territories. State and territory governments have responsibility for and administer their own occupational registrations.
The recommendations made by the Select Committee will need to be considered and responded to by the state and territory governments with the inclusion of the Council for the Australian Federation as appropriate. As a result, the Australian Government has no comment on the recommendations that have been made.
Recommendation 1
The committee recommends the Council for the Australian Federation, in close consultation with relevant stakeholders, renew its efforts toward occupational licensing reform, with a starting presumption against licensing.
The Australian Government notes that it has no role in the Council for the Australian Federation and that occupational licensing is a matter for state and territory governments.
Recommendation 2
Subject to its retention, the committee recommends that occupational licensing be based on specific, measurable outcomes and the identification of best practice models for occupations throughout Australia.
The Australian Government notes that occupational licensing is a matter for state and territory governments.
Recommendation 3
The committee recommends the expansion of automatic mutual recognition based on the objective of increasing labour force mobility.
The Australian Government notes that occupational licensing is a matter for state and territory governments.
Recommendation 4
The committee recommends the Council for the Australian Federation commission a study into the health and safety benefits of occupational licensing, to strengthen efforts toward reform.
The Australian Government notes that it has no role in the Council for the Australian Federation.
That the Senate take note of the document.
AUSTRALIAN GOVERNMENT RESPONSE TO THE SELECT COMMITTEE ON RED TAPE:
EFFECT OF RED TAPE ON CHILD CARE (INTERIM REPORT) AUGUST 2018
November 2018
Introduction
The Australian Government welcomes the interim report on the effect of red tape on child care by the Senate Select Committee on Red Tape (the Committee), which was tabled on 15 August 2018. The report makes seven recommendations. Additional comments were made by Coalition Senators and a dissenting report, without recommendation, was made by Labor Senators. This response addresses the recommendations of the Committee.
Overview
The Australian Government and state and territory governments have different roles and responsibilities in the early learning and child care sector. The primary role of the Australian Government within the sector is to provide families with financial assistance to help cover the cost of child care and to encourage workforce participation. The Australian Government is investing record sums to support Australian families to access quality child care and has recently introduced the most significant reforms to the early childhood and care system in 40 years.
State and territory regulatory authorities are responsible for the approval, monitoring and quality assessment of early learning and child care services in their jurisdiction. They are also responsible for making the necessary regulatory decisions to ensure families have confidence that their child is receiving quality education and care in a safe environment. They are supported in this role by regular review mechanisms built into the governance of the National Quality Framework (NQF) through the Council of Australian Governments (COAG) Education Council.
While predominantly the responsibility of state and territory regulatory authorities, the Australian Government recognises the need to reduce unnecessary red tape and administrative burden for child care services, so that educators can focus their efforts on providing quality early learning and child care for children. However, regulation of the early learning and child care sector is essential to ensuring the safety, health and well-being of children, and this is the absolute priority for families and the Australian Government.
The new child care package, which was fully implemented on 2 July 2018, seeks to reduce regulation where possible. The centrepiece of the new package, the Child Care Subsidy, replaces the previous Child Care Benefit and Child Care Rebate and is paid directly to service providers to pass on to families as a fee reduction, reducing complexity for both families and providers. It also allows services to offer flexible operating times that better suit their children and families, as well as their business needs.
Critically, the child care package is targeted to support those who work the most and earn the least and provides a generous safety net for children who may suffer disadvantage. This requires appropriate regulation to ensure financial assistance goes where it is needed to achieve better outcomes for Australian children and encourages parent workforce participation. The Australian Government must also ensure the integrity of child care fee assistance payments and takes non-compliance and fraud very seriously and is determined to track, detect and take strong action against dishonest individuals and organisations.
Recommendation 1
The committee recommends the Australian Government, through the Council of Australian Governments, expeditiously work toward reducing the regulatory burden in the Family Day Care sector, including by removing limits on the number of educators in each service.
Recommendation 2
The committee recommends that the Australian Government, through the Council of Australian Governments, promote and/or develop an evidence-base for staffing ratios and staffing qualifications in early childhood education and care, as a quality component of the National Quality Framework.
Recommendation 3
The committee recommends that, following establishment of the evidence-base for staffing ratios and staffing qualifications in early childhood education and care, the principles of the National Quality Framework be reviewed to ensure they appropriately reflect the evidence-base.
Recommendation 4
The committee recommends that, in reviewing the principles of the National Quality Framework, Australian, state and territory governments recognise that formal qualifications are not the only prerequisite for the provision of high quality child care, as this can also be provided by parents.
The Australian Government notes Recommendations 1 to 4.
The NQF is the result of an agreement between all Australian governments and provides a national approach to regulation, assessment and quality improvement for early childhood education and care services and outside school hours care services across Australia.
The objectives of the NQF include ensuring the safety, health and wellbeing of children and improving the educational and developmental outcomes for children attending education and care services, and promoting continuous improvement in the provision of quality education and care services.
Quality education and care provided by services is important to families and governments. This means families can go to work, study, and/or volunteer confident in the knowledge their children's care and development are in good hands. The NQF was introduced in 2012 and is now a mature regulatory system.
State and territory governments are responsible for making and administering the legislation that gives effect to the NQF for early childhood education and care.
Given any change to the NQF requires the consensus of all Australian governments, these matters are best considered through the COAG Education Council, including the Early Childhood Policy Group. The Australian Government, through the Education Council, will continue to work with state and territory governments and the ACECQA as appropriate to achieve better outcomes for children.
As a national body, ACECQA works with all governments to provide guidance, resources and services to support the sector to improve outcomes for children. ACECQA is an independent statutory body, with their functions, powers and governance arrangements regulated under the legislation underpinning the NQF.
All Australian governments and the ACECQA are committed to look for efficient ways to implement elements of the NQF. The Australian Government also notes the need to continuously gather evidence and collect data to inform policy setting and government decision making.
In 2014, the Australian Government initiated and led a review of the NQF, in collaboration with state and territory governments. The purpose of the review was to ensure the goal of improving quality was being met in the most efficient and effective way, to identify opportunities to streamline requirements and to reduce unnecessary administrative burden.
This review was finalised in January 2017, and on 1 October 2017, recommended changes, which streamline and reduce regulatory burden for services, were implemented (by 1 October 2018 in Western Australia). On 1 February 2018, a revised National Quality Standard was introduced in all states and territories. The revised NQS provides greater clarity, uses clearer language and removes conceptual overlap between elements and standards. The number of standards has been reduced from 18 to 15, and the elements from 58 to 40.
Another review of the NQF is expected to be undertaken in 2019. The details, scope and governance of this proposed review are yet to be established by the Education Council.
Recommendation 5
The committee recommends that the Department of Education and Training provide a detailed annual report to the Department of Jobs and Small Business, to provide greater transparency about red tape reductions in early childhood education and care.
The Australian Government does not consider there is a need for Department of Education and Training to provide a detailed annual report to Department of Jobs and Small Business.
The Government has committed to ongoing review and evaluation of the new child care package to ensure its implementation and impact are understood. External evaluators have been engaged by the Department of Education and Training to conduct an independent evaluation by June 2021, as well as provide advice on ongoing evaluation activities that may be required between 2021 and 2023.
The scope of this impact evaluation does not include evaluating the regulations imposed on child care providers and services under the Education and Care Services National Law Act 2010 (National Law). Reporting arrangements for red tape reduction in National Law is a consideration for the COAG Education Council, noting there are regular statutory reviews of the National Law.
Recommendation 6
The committee recommends that the Department of Education and Training and the Department of Jobs and Small Business report in greater detail on the regulatory effect of implementing the Child Care Subsidy, including in relation to Activity Test.
Recommendation 7
The committee recommends that the Australian Government review the objectives of fee assistance to ensure that it is actually targeting maternal workforce participation and children from disadvantaged backgrounds.
The Australian Government notes Recommendations 6 and 7.
The independent evaluation of the child care package will consider the impact of the child care package on families, providers and services, including in relation to the Child Care Subsidy and the Activity Test.
That the Senate take note of the document.
That the Senate take note of the document.
That the Senate take note of the document.
November 2018
Introduction
On 29 November 2016, the Senate established the Select Committee into Funding for Research into Cancers with Low Survival Rates (the committee) to inquire and report by 28 November 2017 on:
a. the current National Health and Medical Research Council (NHMRC) funding model, which favours funding for types of cancer that attract more non- government funding, and the need to ensure the funding model enables the provision of funding research into brain cancers and other low survival rate cancers;
b. the obstacles to running clinical trials for brain cancers and other cancers with relatively lower rates of incidence, with regard to:
i. funding models that could better support much-needed clinical trials, and
ii. funding support for campaigns designed to raise awareness of the need for further research, including clinical trials;
c. the low survival rate for brain cancers, lack of significant improvement in survival rates, and strategies that could be implemented to improve survival rates; and
d. other relevant matters.
The committee tabled the report Funding for Research into Cancers with Low Survival Rates in Parliament on 28 November 2017 making 24 recommendations. The Australian Government notes the recommendations made in the report and provides a response to these recommendations in this document. Many of the report's recommendations address issues most appropriately dealt with at a state and territory level, particularly those related to education and early intervention programs.
Development of the Australian Government Response
This response is a whole of government response including activity within a number of Australian Government departments and agencies including
The Government acknowledges the significant contribution that state and territory governments make in the provision of research efforts.
Current Australian Government Efforts
The Australian Government provides funding and other support for a range of services and programs for research into cancers with low survival rates. These include those outlined below:
Medical Research Future Fund (MRFF)
Clinical Trial Activity
The current focus of the MRFF clinical trial investment program is rare cancer, rare diseases and unmet need and provides $219 million over six years to stimulate efforts to find cures and transformative new drugs and treatments for those impacted by devastating conditions, including low survival cancers. This investment in activity also serves to build capacity to position Australia as a preferred destination for clinical trials.
To date $36.6 million has been announced for clinical trial activity under the MRFF addressing rare cancers, rare diseases and unmet need. This includes $10 million specifically for clinical trials targeting cancers and diseases with low survival rates.
Applications for the recent $33 million grant round are being assessed and outcomes will be announced in due course.
Brain Cancer Mission
On 29 October 2017, the Australian Government announced a $100 million fund for the Australian Brain Cancer Mission, which has since grown to $105 million and is encouraging more generous contributions from the philanthropic, state government and private sector. The MRFF contribution to this Mission is $55 million. The Mission's aim is to double the survival rates and improve the quality of life of patients with brain cancer over the next 10 years to 2027, with the longer term aim of defeating the disease. Cancer Australia is administering the Mission on behalf of the Australian Government supported by a strategic advisory group.
National Health and Medical Research Council
The Australian Government, through the NHMRC is the premier funder of cancer research in Australia, accounting for 56 per cent of all funding nationwide. In the period 2000 to 2017, NHMRC provided over $2.33 billion to support cancer research – 22 per cent of NHMRC's research funding.
Cancer Australia
Cancer Australia was established by the Australian Government in 2006 to benefit all Australians affected by cancer, and their families and carers. Cancer Australia's purpose is to minimise the impact of cancer, address disparities, and improve the health outcomes of people affected by cancer in Australia by providing national leadership in cancer control.
Cancer Australia leads a national and collaborative approach to supporting cancer research including in low survival and low incidence cancers through the Priority- driven Collaborative Cancer Research Scheme (PdCCRS) and Support for Cancer Clinical Trials program.
The PdCCRS provides a dedicated and coordinated pool of funding for cancer research from government and other funders to maximise the number of cancer research grants funded in Australia. PdCCRS is priority driven, using an evidence- based approach to determine research. These priorities include the provision of funding for research focused on populations with poorer cancer outcomes – such as those diagnosed with low survival rate cancers. Under the PdCCRS 2007-2017 funding rounds, more than $25 million has been awarded to 72 research projects for cancers with low survival rates. The 2018 and 2019 rounds of the PdCCRS include a dedicated funding stream for children's cancers of low survival that will provide up to $3.26 million to support research.
The Support for Cancer Clinical Trials program leads a national and collaborative approach to growing Australia's capacity to develop industry-independent cancer clinical trials protocols. Since 2008, Cancer Australia has provided more than $80 million in funding to Australia's 14 multi-site Collaborative Cancer Clinical Trials Groups and a further $13.7 million to six National Technical Services to support the Collaborative Clinical Trials Groups in the development of new industry independent trial protocols including for cancers with low survival rates.
In addition, in 2013 Cancer Australia established and funded the Genomic Cancer Clinical Trial Initiative. The initiative recognises the importance of genomics and enables the collaborative development of mutation-specific clinical trial protocols for mutations that are common across several tumour types. The initiative has supported the development of 20 new clinical trials concepts, including concepts for trials in cancers of low survival rates.
In the 2017-18 Budget under the Investing in Medical Research – Fighting childhood cancer initiative, Cancer Australia received $5.8 million over four years to increase Australia's research capacity to advance diagnosis, treatment, management and analysis of childhood cancer, and improve data and awareness of childhood cancer. The measure also saw the establishment of a specific funding stream for low survival childhood cancers through the PdCCRS. Of the $5.8 million, $1.4 million is to fast track international collaborations for research into paediatric brain cancer in Australia, including the Access to Innovative Molecular diagnostic Profiling for paediatric brain tumours (AIM-BRAIN) initiative. Through this funding, Cancer Australia is also supporting participation of Australian children with brain cancer in the Low Grade Glioma (LGG) Avastin international Phase II clinical trial.
The Australian Governmen t's Response to Recommendations
Recommendation 1
Response:
This recommendation is noted.
NHMRC's strategic priorities, as set out in the Corporate Plan, are based on health system needs, evidence gaps, advice from the Council of NHMRC and government policies, including the National Health Priority Areas (NHPAs) and the Australian Government's Science and Research Priorities.
Major Health Issues such as Low Survival Rate Cancers will be taken into consideration in the development of NHMRC's annual work plan as part of the Corporate Plan.
Recommendation 2
2.164 The committee recommends that the National Health and Medical Research Council introduces the option for extensions to the duration of funding to recipients of research grants, provided that these recipients satisfy certain performance criteria.
Response:
This recommendation is noted.
The NHMRC has reviewed the structure of its research funding as part of the Structural Review of NHMRC's Grant Program and based on feedback sought from the research sector developed a new grant program that is currently being implemented. Applications for funding under NHMRC's new grant program will open in late 2018-early 2019 for peer review in 2019, and funding commencing in 2020.
In the new grant program all Investigator Grants will be for five years duration and include a research support package which allows for longer term projects and more research funding than was previously provided. Synergy Grants will also be for five years and Ideas Grants will be for up to five years. Collectively these three funding schemes will account for about 70 per cent of NHMRC's research expenditure.
NHMRC is considering its peer review processes in 2018 and the option to extend grant funding or streamline new applications that are linked to an existing grant may be considered as part of this process.
Recommendation 3
Response:
This recommendation is supported in principle.
The Australian Government recently announced a Helping Our Health awareness campaign to raise the profile of the role and value of clinical trials.
AustralianClinicalTrials.gov.au is a central reference for trusted information in the campaign for information on clinical trials.
The clinical trial information provided on AustralianClincialTrials.gov.au is sourced from the Australian New Zealand Clinical Trials Registry (ANZCTR), a critical piece of national research infrastructure. ANZCTR lists trials being conducted in Australia and New Zealand and also includes trials registered on the United States registry ClinicalTrials.gov that have a trial site in Australia.
The ANZCTR is also part of the worldwide initiative to make public all clinical trials being conducted. Trial registration through ANZCTR has the potential to improve research transparency, facilitate trial participation, avoid research duplication, identify research gaps, and promote collaboration. Improving information on ANZCTR would directly benefit consumers searching for trials on AustralianClincialTrials.gov.au.
NHMRC is actively working with ANZCTR, the Department of Health, the Department of Industry, Innovation and Science and key stakeholders such as the states and territories, researchers and the pharmaceutical industry to improve the quality and timeliness of the information provided to ANZCTR.
The Department of Health recently commissioned a review of ANZCTR as part of a program of work being progressed by all jurisdictions through the Council of Australian Governments (COAG) Health Council. The review includes an assessment of current performance and the extent to which the ANZCTR meets the needs of stakeholders, aligns to contemporary best practice, and will consider options to inform a potential next generation clinical trials registry. The outcomes of the ANZCTR Review will be considered as part of a spectrum of related initiatives underway to improve the environment for clinical trials in Australia, which includes a focus on improving ease of navigation and patient access to trials.
Recommendation 4
3.91 The committee recommends that state and territory governments consider:
Response:
As noted in the Report, patient travel subsidy schemes are the responsibility of state and territory governments.
Recommendation 5
3.93 The committee recommends that Australian governments improve access to international clinical trials for people with low survival rate cancers, including by:
Response:
This recommendation is supported in principle, noting that not all responsibilities for the conduct of clinical trials rest with governments. In particular, costs associated with specific clinical trials are a matter for sites and sponsors.
The Australian Government has committed $261 million over the six years from 2016-17 under the MRFF to support new clinical trial activity with a focus on rare and low survival cancers and diseases, and international collaboration. A total of $36.6 million in funding has already been announced, with $10 million specifically targeting low survival cancers and diseases. These clinical trials will be undertaken in Australia.
Australia has a reputation for excellence in clinical trial research, internationally recognised researchers and medical experts, quality infrastructure and high standards of healthcare. In Australia, clinical trials are conducted within a strong regulatory framework determined by the International Conference on Harmonisation (ICH) and Good Clinical Practice (GCP).
In addition, the Encouraging More Clinical Trials in Australia initiative will provide $7 million nationally over four years from 2017-18 to incentivise streamlining of state-based operating systems for trials. The aim is to establish state-based central hubs or coordinating units to fast track trial recruitment and start up. These hubs/units will make it easier for domestic and international sponsors and researchers to establish and run trials and for patients to participate. The initiative is supported by the COAG Health Council's revitalised clinical trials agenda that recognises that patients are at the centre of clinical trials and clinical trials are essential health system activities.
In recognition of the importance of international collaboration, the Government has committed a total of $42 million over five years specifically to support international clinical trial collaborations. This investment will allow Australian researchers to expand trial activity overseas and bring new trial arms to Australia to benefit patients.
The Australian Government will continue its efforts to fund the best quality clinical trials and foster international collaborations to increase access to emerging therapies of potential for Australians, including those with low survival cancer.
Recommendation 6
3.129 The committee recommends that Australian governments, as a priority, further streamline ethics and governance approval processes for clinical trials, particularly where those processes differ between states and territories, and public and private research institutions.
Response:
This recommendation is supported in principle, noting that not all responsibilities associated with streamlining clinical trial approval processes rest with the Australian and state and territory governments.
In Australia, clinical trials are conducted within a strong regulatory framework determined by the International Conference on Harmonisation (ICH) and Good Clinical Practice (GCP), enabled by the following processes:
The Australian Government is already working collaboratively with all jurisdictions to progress important clinical trial reform. The $7 million Encouraging More Clinical Trials in Australia initiative (refer Recommendation 5) is a demonstration of this joint government effort.
In partnership with jurisdictions, the Commonwealth is also leading the development of a National Clinical Trials Governance Framework through the Australian Commission on Safety and Quality in Health Care. The outcome will be an important first step towards nationally consistent accreditation of health services undertaking clinical trials in Australia. National consultations on a draft Governance Framework are planned for late 2018 and early 2019. The sector is highly supportive of this initiative, which has the potential to significantly improve the environment for conducting clinical trials in Australia, and to further streamline approval processes.
Significant work has already been completed to improve ethics and governance approval processes under the NHMRC's National Certification Scheme of Institutional Processes related to the Ethical Review of Multi-centre research , which provides a level of assurance that an institution's ethics review processes conform to nationally consistent standards. In 2018, NHMRC will revise a number of key documents and processes underpinning the National Certification Scheme, with the aim of further streamlining and refining the scheme.
In addition under the Government's Expediting Clinical Trial Reform in Australia (2013-14 Budget) and Simplified and Consistent Health and Medical Research initiative (2014-15 Budget), the following resources have also been developed:
National Mutual Acceptance (NMA) is a national system for mutual acceptance of scientific and ethical review of multi-centre human research projects conducted in publicly funded health services across jurisdictions. Single ethical and scientific review for a multi-centre human research project can now be provided across the six participating states/territories (Australian Capital Territory, New South Wales, Queensland, South Australia, Victoria and Western Australia). The scope of NMA includes any form of human research as defined in the National Statement on Ethical Conduct in Human Research for which an application must be made to a HREC. All jurisdictions are working towards participation, and NHMRC is working with other agencies to identify opportunities for the Commonwealth to become a formal party to the scheme.
Recommendation 7
3.132 The committee recommends that the National Health and Medical Research Council develops a standard template and associated guidelines, including timeframes, for ethics and other governance approvals for consideration and possible adoption by each state and territory.
Response:
This recommendation is partially supported, noting that complementary work is already underway.
NHMRC has developed a number of templates, guidelines and other resources and is working to encourage their wide-spread adoption by the sector as part of the National Certification Scheme. Over 200 Human Research Ethics Committees (HRECs) are registered with NHMRC, 48 of which are also ‘certified' under the National Certification Scheme. NHMRC conducts annual monitoring of all registered HRECs and has adopted timely approval processes as part of its certification standard, namely, 60 calendar days for the ethics review of an application.
Responsibilities for the governance of clinical trials rest with sites, with state and territory governments having a role for trials that occur in public hospitals. Separate work to develop a Clinical Trials Governance Framework is currently underway in collaboration with all jurisdictions. When complete, the Governance Framework will be an important first step towards nationally consistent accreditation of health services undertaking clinical trials in Australia.
Recommendation 8
4.33 The committee recommends that, through the Council of Australian Governments Health Council, the Australian government leads a process to ensure that arrangements for transitioning children and young people from paediatric to adult oncology services occurs in a consistent and co-ordinated way that preserves continuity and quality of care in the best interests of each individual patient.
Response:
The responsibility of transitioning young people from paediatric to adult oncology services rests with state and territory government health services.
Recommendation 9
Response:
This recommendation is supported in principle.
The Australian Government supports a number of initiatives that aim to provide information and raise awareness of cancers including low survival rate cancers.
Cancer Australia promotes cancer awareness and provides evidence-based cancer information, resources and data for consumers and the community.
Cancer Australia uses a range of channels and approaches to present information and raise awareness of cancer, including low survival rate cancers. These include:
Through the National Cancer Expert Reference Group (NCERG), the Australian Government is also supporting the promotion of Optimal Cancer Care Pathways to clinicians, consumers and policy makers.
Recommendation 10
5.25 The committee recommends that the Australian government works in collaboration with the Royal Australian College of General Practitioners and the Australian Medical Association to improve awareness of low survival rate cancers amongst general practitioners, including through continuing professional development.
Response:
The Australian Government supports this recommendation in principle, noting that extensive and broad-ranging collaboration already occurs with the Royal Australian College of General Practitioners (RACGP) and the Australian Medical Association (AMA) to improve awareness and professional development of general practitioners.
Cancer Australia works in collaboration with the RACGP and the AMA across a number of areas, including gaining their input and endorsement of clinical practice projects and guidance; and membership of Cancer Australia working groups and expert reference groups. In addition, Cancer Australia works with practitioners to:
Cancer Australia also engages its Intercollegiate Advisory Group (ICAG), to inform national approaches to reducing variations in cancer outcomes, promote the use of best available evidence to achieve effective cancer care, identify collaborative approaches to address cancer control challenges and provide advice on emerging issues nationally and internationally to inform Cancer Australia's work. ICAG includes representation from relevant colleges and cancer organisations, including the RACGP.
Recommendation 11
5.59 The committee recommends that the Australian Government, in collaboration with state and territory governments:
Response:
This recommendation is supported.
The Australian Institute of Health and Welfare (AIHW) works in collaboration with states and territories to produce the Australian Cancer Database (ACD), which is a collection of all notifiable primary cancers (malignant tumours) diagnosed in Australia. This information is collected by state and territory cancer registries and provided to the AIHW to produce the ACD. Common non-melanoma skin cancers (basal and squamous cell carcinomas of the skin) are the only cancers that are not notifiable diseases and therefore not required by legislation to be reported to state and territory cancer registries.
Non-malignant tumours of the brain and other central nervous system are notifiable diseases in Victoria, Queensland, Western Australia and Tasmania so these states can provide data on these tumours to the AIHW to include in the ACD. The AIHW published these data in the report Brain and other central nervous system cancers in October 2017. However, these benign tumours are not currently notifiable diseases in other states and territories so data are not available to these cancer registries or for national data.
The AIHW has a Cancer Monitoring Advisory Committee that includes medical researchers, and will seek their advice on the clinical and lifestyle data requirements that might be included for the benefit of oncology research. This work is now underway within AIHW to enhance the ACD to include key treatment and health services data sets will capture information on the treatments and health services provided to all people diagnosed with cancer, which may fill some of the current gaps in relation to clinical data.
Commonwealth, state and territory stakeholders currently work together to identify barriers to cancer data collection and ways in which cancer data collection can be improved across Australia, in both public and private health settings. The AIHW will continue to take a leading role in improving these cancer data.
Cancer Australia also undertakes a variety of initiatives to enhance the collection and reporting of national cancer control data in Australia to improve outcomes for people with cancer, including low survival rate cancers. This includes addressing national data gaps, through the cancer data on Stage, Treatment and Recurrence (STaR) initiative. Through this initiative, the first of its kind in Australia, Cancer Australia is progressing and implementing methods for collecting, collating and reporting national cancer data on stage, treatment and recurrence through routinely-collected data.
Cancer Australia collaborated with state and territory population-based cancer registries to develop and test business rules for the collection of cancer stage at diagnosis for five cancers, female breast, prostate, melanoma, colorectal and lung cancer. The data is published on the Cancer Australia National Cancer Control Indicators (NCCI) website and will help explore the relationship between cancer stage at diagnosis and survival outcomes and the role of public health initiatives, early detection and awareness campaigns.
Through the Fighting Childhood Cancer initiative, Cancer Australia is working to enhance childhood cancer data by collecting multi-year national cancer stage at diagnosis data for 16 paediatric cancer types. These data enable reporting of childhood cancer incidence by stage on Cancer Australia's childhood cancer website and NCCI website.
In addition, Cancer Australia's NCCI website provides a resource for monitoring national cancer trends and benchmarking internationally across the cancer control continuum. The website provides high quality data which allows for monitoring and reporting of national data trends across seven cancer control domains of prevention, screening, diagnosis, treatment, psychosocial care, research and outcomes. The data reported on the NCCI website encompasses multiple tumour types, including cancers of low survival and low incidence and will help improve data availability and access for low survival cancers.
Recommendation 12
5.62 The committee recommends that the Australian government gives serious consideration to implementing a national network medical and population biobank that includes tumour samples and relevant clinical and lifestyle data associated with each tumour sample.
Response:
This recommendation is noted.
Limited support for specific biobanks is currently provided through the Australian Government's investment in the National Collaborative Research Infrastructure Strategy.
The Research Infrastructure Investment Plan, announced in the May 2018 Budget, has provided funding for a scoping study that will look to maximise the broad range of biobanks across individual, institutional, state and Commonwealth collections. This aims to provide significant improvement in research effectiveness across a range of medical, agricultural and biodiversity research.
Recommendation 13
5.98 The committee recommends that the Australian government ensures ongoing funding for genomic research into low survival rate cancers.
Response:
This recommendation is supported, noting that the Australian Government has committed $500 million towards a landmark ten year commitment to the Genomics Health Futures Mission.
The Mission will help Australians to live longer and better through access to genomics knowledge and technology, and accelerating precision diagnosis and treatment. Anticipated first priorities for the Mission are rare cancers (including low survival) and rare diseases as these conditions are thought to be more receptive to applied genomics. This Mission is supported by the National Health Genomics Policy Framework 2018-2021 agreed by all governments with the purpose of creating a shared direction and commitment to consistently and strategically integrating genomics into the health system.
The investment in the Genomics Health Futures Mission is additional to the following significant commitments to harnessing the power of genomics in cancer treatment and cure:
Recommendation 14
5.99 The committee recommends that the Australian government implements any recommendation from the Medical Services Advisory Committee to list genetic tests for low survival rate cancer patients on the Medicare Benefits Schedule so that these tests are routinely available to these patients and reimbursed.
Response:
This recommendation is noted.
The Medical Services Advisory Committee (MSAC) has been working with industry since 2014 to develop streamlined arrangements to assess the clinical utility of germline genetic (or genomic) testing to help manage specific disease areas, such as cancer, cardiovascular disease or mental illness. This approach is to be used to inform consideration of the circumstances under which germline genomic testing for these diseases could be publicly funded. Clinical utility refers to the ability of a test to significantly affect clinical management and patient outcomes. Each assessment covers all elements relevant for assessing risks, benefits and costs of a proposed genomic test.
Genomic testing of the BCRA1 and BRCA2 genes for breast and ovarian cancer, which was listed on the MBS from 1 November 2017, was the first example of such an assessment. Applications for genomic testing for Alport syndrome and childhood syndromes were assessed by MSAC in March 2018 and July 2018 respectively. MSAC supported MBS funding of genetic testing for Alport syndrome. At this point in time, MSAC could not support public funding for childhood syndromes, given the breadth of testing, limited evidence on changes in clinical management, and equity and ethical issues. MSAC is engaging with all relevant stakeholders to develop a way forward. Applications for colorectal and endometrial cancers are currently in the process of being considered by MSAC.
Recommendation 15
5.102 The committee recommends that the Therapeutic Goods Administration, if necessary following the medicines and medical devices review, and the Pharmaceutical Benefits Advisory Committee:
Response:
This recommendation is supported in principle.
The Australian Government agrees that improving and streamlining existing regulatory and assessment processes for new medicines are key strategies that will offer the best prospects of maintaining Australia's record of supporting timely access to cost-effective cancer medicines that deliver proven health gains. The Government understands that a strong partnership between industry, prescribers and consumers is vital for this process and is actively working with stakeholders in this area.
Each cancer drug is approved for marketing by the Therapeutic Goods Administration (TGA), and thus demonstrated to have acceptable quality, safety and efficacy, in a limited range of cancer settings only. It is possible for sponsors to make submissions to the Pharmaceutical Benefits Advisory Committee (PBAC) requesting the Pharmaceutical Benefits Scheme (PBS) listing of medicines to treat rare conditions or cancers with low survival rates. In such cases, the PBAC can assess the sponsor's claims of the medicine's comparative effectiveness, even in small numbers of patients, and can advise on a range of tools to manage uncertainty such as special pricing and risk sharing arrangements.
There are currently three immunotherapies medicines subsidised on the PBS for five different tumor types: melanoma, kidney cancer, lung cancer, Hodgkin's lymphoma and head and neck cancer. Subsidy has recently been recommended by the PBAC for two further tumor types: Merkel cell cancer and urothelial cancer. The Government will continue to engage constructively with all stakeholders to expand the indications for this important breakthrough in cancer treatment.
In October 2016, the PBAC finalised the revision of its Guidelines to ensure that the Health Technology Assessment (HTA) methodologies used are consistent, transparent and incorporate international best practice. The revision provided an opportunity to address matters such as clinical evidence needs, handling the consequences of allowing cross-over in cancer medicine trials and the use of surrogate outcomes to estimate the overall effectiveness of new medicines. The revised Guidelines have enhanced assessment processes for cancer medicines for timely inclusion on the PBS.
The Australian Government and Medicines Australia signed a Strategic Agreement in April 2017 under which they undertook to work together to improve timeliness, transparency and efficiency in PBS listing processes. This work will assist in improving PBS listing times for innovative cancer medicines recommended by the PBAC.
In response to the recommendations of the Review of Medicines and Medical Device Regulation (MMDR Review) and as part of ongoing business improvements, the TGA has recently delivered several reforms which are likely to contribute to the timely registration of medicines for low survival rate cancers.
On 1 July 2017, the TGA implemented a Priority review pathway for the registration of prescription medicines. The Priority review pathway involves faster assessment of vital and life-saving prescription medicines. The target timeframe of 150 working days is up to three months shorter than the standard prescription medicines registration process which is 220 days. As at 15 October 2018, seventeen prescription medicines have received priority determination since launch of the pathway, of which eleven were for use in oncology.
Changes to the Orphan Drug Program also commenced on 1 July 2017. The Orphan Drug Program provides an incentive to lodge an application for registration of eligible medicines by waiving the associated fees. One of the new eligibility criteria provides a more generous orphan disease prevalence threshold (fewer than five in 10,000), potentially allowing additional conditions to classify as Orphan on the basis that they are recognised as distinct conditions. Since the change five medicines for use in oncology have been designated as orphan through this scheme.
On 20th March 2018, a provisional registration pathway was implemented to allow sponsors to seek time-limited provisional registration of certain prescription medicines on the basis of preliminary clinical data. This pathway allows medicines to be registered on the Australian Register of Therapeutic Goods (ARTG) up to two years earlier than under the standard prescription medicines registration process but are evaluated under the same milestones and evaluation time as for standard prescription medicines of 220 working days. Provisional registration of prescription medicines is limited to two years but up to two extensions of two years can be applied for by the sponsor resulting in provisional registration for a maximum of six years. As at 15 October 2018, five prescription medicines had received provisional determination since launch of the new pathway, of which five are for use in oncology.
Recommendation 16
5.126 The committee recommends that the Australian government ensures funding is available to researchers investigating whether existing drugs may be suitable for treating low survival rate cancers.
Response:
This recommendation is supported, noting that the Australian Government has a number of existing research funding schemes via the NHMRC, Cancer Australia and the MRFF that provide opportunities for research into repurposed drugs to tackle low survival cancer.
Recommendation 17
5.128 The committee recommends that the Australian government works with industry to consider a mechanism to repurpose drugs.
Response:
This recommendation is supported in principle, noting that through the $1.3 billion National Health and Medical Industry Growth Plan the Australian Government is seeking to collaborate with industry on a number of fronts, including exploring opportunities to access libraries of drugs for further research.
The TGA does have various mechanisms to encourage sponsors to make timely applications for low survival cancers by making the registration process faster and/or easier such as: the expedited pathways, Orphan drug program, literature based submissions and the Comparable Overseas Regulator report-based process.
However, the TGA is not able to compel a company to apply to register a medicine in Australia, and approval for marketing in Australia cannot be given in the absence of an application. In the past, the TGA has occasionally approached sponsors to request that an application to extend the indications of a registered medicine be lodged with the TGA to address known off-label use. For example, the TGA worked with a sponsor to facilitate an application and subsequently approval of tamoxifen for primary reduction of breast cancer risk in women who are in the moderate or high risk category.
Recommendation 18
5.131 The committee recommends that the Australian government considers a mechanism to permit access to and properly supervise use of off-label drugs for low survival rate cancer patients without further treatment options, on compassionate grounds.
Response:
This recommendation is noted.
Prescribing a registered medicine for indications other than the approved indications is what is commonly referred to as off-label prescribing. Off-label prescribing is a clinical decision made between the prescriber and their patient based on the risks and benefits of the use of the medicine in those individual circumstances. Off-label use should always occur in the setting of informed consent. TGA does not regulate clinical practice.
In the case of prescribing unapproved medicines, the TGA administers a number of schemes to enable prescribers to access these for their patients. These include the Special Access Scheme and Authorised Prescriber Scheme. Doctors who access unapproved medicines through these pathways must do so in the setting of informed consent and in accordance with the Medical Board of Australia's code of conduct, Good Medical Practice.
Recommendation 19
5.133 The committee recommends that the Therapeutic Goods Administration and Pharmaceutical Benefits Advisory Committee examine the appropriateness of their approval and assessment processes for existing drugs repurposed for use in low survival rate cancers.
Response:
This recommendation is supported.
In 2017, the Minister for Health requested the PBAC Chair to find options within the Committee's scope (as per current legislation) for mechanisms to consider medicines to treat rare conditions. The PBAC Chair is currently progressing this request with the Department and other key stakeholders. As part of this consideration, the committee has requested further work be conducted, and this work is continuing. The advice from the PBAC on this matter will also feed into the broader reforms to PBAC processes being developed with the pharmaceutical industry in response to commitments given in the Australian Government's Strategic Agreement with Medicines Australia.
As noted in the responses to Recommendations 15 and 17 above, the new expedited pathways and Orphan drug program reforms, literature-based submissions and the use of reports from comparable overseas regulators are likely to contribute towards more timely assessment and approval of medicines repurposed for use in low survival rate cancers.
Recommendation 20
5.136 The committee recommends that the Australian government considers whether the Medical Services Advisory Committee and Pharmaceutical Benefits Advisory Committee processes can be streamlined where a diagnostic test and treatment for a low survival rate cancer are co-dependent.
Response:
This recommendation is supported.
The Department, together with MSAC and the PBAC, has developed an assessment process for ensuring integrated and streamlined consideration of co-dependent applications, including where a pathology test and a medicinal treatment are co- dependent. This type of application allows MSAC to consider the test and the PBAC to consider the medicine through a parallel assessment process, to maximise alignment of timelines and outcomes. This uses a time schedule that results in coordinated advice being provided to the Minister for Health by the two committees within three weeks of each other.
Since 2011, about 30 co-dependent technology applications have been assessed through this coordinated assessment approach involving MSAC and the PBAC. In addition, through a coordinated process, the 2016 PBAC Guidelines and 2016 MSAC Investigative Guidelines updated the published guidance on these arrangements. The Department operates in an environment of continuous improvement, and a planned review of the MSAC Guidelines (and associated co-dependent processes) is anticipated to commence in 2019. The emphasis will be on process efficiencies for applicants, and timely access to treatments for Australian patients.
Recommendation 21
5.176 The committee recommends that the Australian government, in conjunction with its state and territory counterparts, works to improve access to specialist cancer care co-ordinators or nurses for low survival rate cancer patients in every state and territory.
Response:
This recommendation is noted.
State and territory governments have primary responsibility for the employment of nurses and care coordinators.
The Australian Government's Integrated Team Care (ITC) program does provide funding for Care Coordinators. Funding is currently being provided through the Northern Territory Primary Health Network to train a number of Care Coordinators in the Northern Territory in cancer care. The ITC program, funded under the Indigenous Australians' Health Program, aims to improve access to coordinated and multidisciplinary care for eligible Aboriginal and Torres Strait Islander people with chronic disease, including cancer.
Recommendation 22
5.179 The committee recommends that the Australian government asks the Medical Services Advisory Committee to review the criteria for reimbursement of ongoing diagnostic testing for low survival rate cancer patients.
Response:
This recommendation is noted.
The MSAC considers applications for public funding of medical services, including ongoing diagnostic tests such as magnetic resonance imaging (MRI) and genomic testing. Applications are currently being assessed for MRI for the diagnosis of prostate cancer, colorectal cancer and breast cancer. An application is currently in process using MSAC's Clinical Utility Card Proforma for genomic testing in the context of colorectal cancer and endometrial cancer.
Recommendation 23
5.181 The committee recommends that the Australian government further simplifies and streamlines the application process for low survival rate cancer patients and their carers when seeking to access the Disability Support Pension, or carer allowance or payment.
Response:
This recommendation is noted.
The Australian Government considers the current Disability Support Pension (DSP) application process for people with low survival rate cancers is already sufficiently streamlined. Similarly, the current application process for carer payments (Carer Payment and Carer Allowance) provides an abridged and more simplified process for those who are caring for someone with a terminal illness.
In certain circumstances a claim for DSP can be granted manifestly. This means that on the basis of medical evidence alone the person is considered eligible for DSP without the need for a Job Capacity Assessment (JCA) or a Disability Medical Assessment, subject to meeting all other eligibility criteria. Of particular relevance for people with cancer, DSP may be granted manifestly where a person has a terminal illness with a life expectancy of less than two years or a condition requiring a nursing home level of care. Manifest qualification is accepted if medical evidence indicates the claimant's current medical condition is chronic and debilitating with a prognosis that the condition is terminal, the average life expectancy of a patient with this condition is 24 months or less, and there is a significant reduction in work capacity within this period.
A claimant who has evidence that they are a long term patient of a hospital or nursing home, or require nursing home level care (or equivalent) because of illness or infirmity and are unlikely to be discharged in the foreseeable future, is accepted as manifestly qualified for DSP. The medical evidence needs to provide details of: the nature of the impairment and reason for long term hospitalisation; the likelihood of discharge; and ability to perform activities of daily living.
Two lists of conditions are available in the Guide to Social Security Law to help Centrelink decision makers determine manifest eligibility for DSP on the grounds of terminal illness, nursing home level care requirements, and/or intellectual disability. It is important to note that the lists supplement, rather than replace manifest guidelines. Therefore manifest grants can still be made for claimants with conditions that are not listed, that is any condition, including cancer, that meets the terminal illness or people requiring a nursing home level of care categories detailed above.
List 1 catalogues conditions which are accepted as manifest (clearly and obviously meet all the DSP qualification criteria) on diagnosis alone. If the condition listed in the DSP claimant's medical evidence is on this list eligibility will be established without the need for a JCA allowing more timely granting of payment.
The second list of conditions includes those which may upon some further investigation, be manifest on the grounds of terminal illness, nursing home level care requirements, or intellectual disability. The Centrelink decision maker will obtain on the spot advice about the condition, treatment regime and likely prognosis by contacting the treating doctor and/or the Centrelink Heath Professional Advisory Unit (HPAU). The treating doctor or the HPAU may be able to confirm the expected prognosis, including whether terminal, or would necessitate nursing home level care, or indicates a manifest intellectual disability, and thereby expedite the claim as manifest without a JCA.
To receive Carer Payment and/or Carer Allowance, carers of an adult (over 16 years) are assessed under the Adult Disability Assessment Tool (ADAT), while carers of children (under 16 years) have their care assessed under the Disability Care Load Assessment (DCLA). Both tools contain provisions that streamline the claim process for carers of an adult or child who has a terminal illness, although the provisions differ between adult and child qualification. As the payments target assistance to carers it is necessary to establish the level of care provided to determine payment qualification, and the questions on the claim forms are designed to assess care provision across a broad range of medical conditions and disabilities, including those with a terminal illness such as cancer.
For carers of an adult where the treating health professional indicates the care receiver is in the final stage of a terminal illness and is not expected to survive for more than 3 months, the medical component of the Carer Payment or Carer Allowance claim form is significantly abridged. The carer is required to complete the carer questionnaire to determine that a qualifying level of care is being provided.
Qualification for Carer Allowance for a child diagnosed with a terminal condition may be fast tracked through the List of Recognised Disabilities – a List that includes certain disabilities or conditions that are consistently severe enough to qualify the parent or carer for the allowance automatically. If the child's disability or condition is not on the List the DCLA is used to determine payment eligibility, and the carer must complete the care needs assessment form to establish qualification.
An abridged process exists for carers of a child with a terminal condition when claiming Carer Payment. If the medical practitioner certifies that the average life expectancy for a child with the same or similar condition is not substantially longer than 24 months, and the child will need personal care for a significant period every day for the duration of the condition, the carer qualifies for payment without completing the care needs assessment form. Carer Allowance is also automatically granted. These terminal child provisions also allow the carer to remain qualified for payment until the child turns 18, rather than having to apply for Carer Payment and/or Carer Allowance under the adult assessment process.'
Recommendation 24
5.223 The committee recommends that the federal, state and territory governments develop and implement a comprehensive Australia-wide strategy to increase 5-year survival rates for low survival rate cancers to above 50 per cent by 2027:
Recommendation 25
5.225 The committee recommends that annual progress reports on the development and implementation of an Australian strategy to improve survival rates for low survival rate cancers are provided to the Council of Australian Governments Health Council and made publicly available.
Response:
Recommendation 24 and 25 are noted.
The Minister for Health will continue to work collaboratively and productively with jurisdictions via the COAG Health Council on the range of initiatives important to the sector and to improve health outcomes for all Australians.
That the Senate take note of the document.
PRIME MINISTER
Dear Mr President
I write with regard to questions I took on notice from Senator Bilyk during Question Time on Wednesday, 14 November 2018 on the matter of the employment of the Prime Minister as Director of the New Zealand Office of Tourism and Sport.
I can confirm that the Prime Minister was Director of the New Zealand Office of Tourism and Sport from 1998 to 2000. This included a period serving in the role following the election of the Clark Labour Government where he agreed to remain on following discussions with then Tourism Minister Mark Burton, with whom he had a very positive and productive relationship, until deciding to return home to Australia to take up an opportunity in the private sector.
I can confirm that the Auditor-General report to which Senator Bilyk referred was an inquiry into the appointments of, payments to, and resignations of, members of the New Zealand Tourism Board.
I can confirm that the New Zealand Office of Tourism and Sport was responsible to the Minister of Tourism and was a semi-autonomous body within the Department of Internal Affairs. The New Zealand Tourism Board was a Crown entity separately accountable to the Minister of Tourism.
I can further confirm that all organisations, government and non-government, including those led by the Prime Minister, which are required to make financial statements are audited on a regular basis as part of their usual obligations.
I have copied this letter to the Prime Minister and Senator Bilyk.
Kind regards
Mathias Cormann
Minister for Finance and the Public Service
15 November 2018
INDIGENOUS HOUSING
Dear Mr President
I write with regard to questions I took on notice from Senator McCarthy during Question Time on Wednesday, 14 November 2018 on the matter of the Government's plan to provide housing infrastructure in Borroloola, which will provide immediate relief to families and children living in some of the worst housing conditions in the country before the wet season.
I can advise the Senate that the decision to provide Borroloola with immediate housing relief was a decision of Government made in the normal way and with the full knowledge of the Prime Minister. Furthermore, representatives from the Department of the Prime Minister and Cabinet, as well as the Australian Army and the Northern Territory (NT) Government met with the community on 7 and 8 November 2018, to discuss options for addressing the urgent need for housing.
I can further advise that the commitment to delivering housing in Borroloola is in addition to the $14.6 million committed to Borroloola under the National Partnership Agreement on Remote Indigenous Housing. The commitment also follows the decision by the Government to provide the NT Government with additional assistance worth $259.6 million to deliver essential services, including to remote communities.
The use of former Royal Australian Air Force houses was discussed with the community as a solution which could be immediately rolled out, noting these were existing older stock. All dwellings in Borroloola must be certified, which means they must be appropriate for the cyclone areas and adhere to the building code of Australia. I can confirm that dwellings will not be installed with asbestos.
Following these discussions and further assessment of the options, no former Royal Australian Air Force houses have been purchased. The Government is not pursuing the purchase of any former Royal Australian Air Force houses for use in Borroloola.
The Government will continue to consult with the NT Government, the Northern Land Council and communities as it works towards a solution for the housing issues in Borroloola.
I have copied this letter to the Minister for Indigenous Affairs, the Special Envoy for Indigenous Affairs and Senator McCarthy.
Kind regards
Mathias Cormann
Minister for Finance and the Public Service
15 November 2018
Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017
The Senate divided. [16:40]
(The President—Senator Ryan)
Leave out all words after "that", insert:
"the bill be withdrawn because the Senate is of the opinion that:
(a) the bill ignores corporate influence over politics and disproportionately targets the not-for-profit sector, which is an attack on public interest advocacy;
(b) the bill is likely to discourage charities from engaging in issue-based advocacy in furtherance of their charitable purposes, because of uncertainty in the definition of 'electoral matter';
(c) there is no public interest benefit to the proposed added layer of regulation for the charitable sector, because the existing regulatory framework for not-for-profit organisations under the Charities Act 2013 is sufficient to prevent charitable organisations from engaging in partisan political activities; and
(d) the Commonwealth Electoral Act 1918 should be amended to introduce caps on campaign expenditure by political parties, candidates and associated entities, which are indexed to inflation and subject to periodic review."
The Senate divided. [16:45]
(The President—Senator Ryan)
(1) Clause 2, page 2 (table items 2 and 3), omit the table items, substitute:
(2) Schedule 1, heading to Part 1, page 3 (lines 3 and 4), omit ", third party campaigners and associated entities", substitute "and associated entities and the Transparency Register".
(3) Schedule 1, page 3 (after line 10), after item 1, insert:
Insert:
election and ballot matters means matters relating to Parliamentary elections, elections, ballots under theFair Work Act 2009 or theFair Work (Registered Organisations) Act 2009 , and referendums.
1B Subsection 4 ( 1 ) (definition of electoral matter )
Repeal the definition, substitute:
electoral matter has the meaning given by section 4AA.
1C Subsection 4 ( 1 )
Insert:
political entity means any of the following:
(a) a registered political party;
(b) a State branch (within the meaning of Part XX) of a registered political party;
(c) a candidate (within the meaning of that Part) in an election (including a by-election);
(d) a member of a group (within the meaning of that Part).
Note: For candidates and groups, see subsection 287(9).
1D Subsection 4 ( 9 )
Repeal the subsection.
1E After section 4
Insert:
4AA Meaning of electoral matter
(1) Electoral matter means matter communicated or intended to be communicated for the dominant purpose of influencing the way electors vote in an election (afederal election ) of a member of the House of Representatives or of Senators for a State or Territory, including by promoting or opposing:
(a) a political entity, to the extent that the matter relates to a federal election; or
(b) a member of the House of Representatives or a Senator.
Note: Communications whose dominant purpose is to educate their audience on a public policy issue, or to raise awareness of, or encourage debate on, a public policy issue, are not for the dominant purpose of influencing the way electors vote in an election (as there can be only one dominant purpose for any given communication).
(2) For the purposes of subsection (1), each creation, recreation, communication or recommunication of matter is to be treated separately for the purposes of determining whether matter is electoral matter.
Note: For example, matter that is covered by an exception under subsection (5) when originally communicated may become electoral matter if recommunicated for the dominant purpose referred to in subsection (1).
Rebuttable presumption for matter that expressly promotes or opposes political entities etc.
(3) Without limiting subsection (1), the dominant purpose of the communication or intended communication of matter that expressly promotes or opposes:
(a) a political entity, to the extent that the matter relates to a federal election; or
(b) a member of the House of Representatives or a Senator, to the extent that the matter relates to a federal election;
is presumed to be the purpose referred to in subsection (1), unless the contrary is proved.
Matters to be taken into account
(4) Without limiting subsection (1), the following matters must be taken into account in determining the dominant purpose of the communication or intended communication of matter:
(a) whether the communication or intended communication is or would be to the public or a section of the public;
(b) whether the communication or intended communication is or would be by a political entity or political campaigner (within the meaning of Part XX);
(c) whether the matter contains an express or implicit comment on a political entity, a member of the House of Representatives or a Senator;
(d) whether the communication or intended communication is or would be received by electors near a polling place;
(e) how soon a federal election is to be held after the creation or communication of the matter;
(f) whether the communication or intended communication is or would be unsolicited.
Exceptions
(5) Despite subsections (1) and (3), matter is not electoral matter if the communication or intended communication of the matter:
(a) forms or would form part of the reporting of news, the presenting of current affairs or any genuine editorial content in news media; or
(b) is or would be by a person for a dominant purpose that is a satirical, academic, educative or artistic purpose, taking into account any relevant consideration including the dominant purpose of any other communication of matter by the person; or
(c) is or would be a private communication by a person to another person who is known to the first person; or
(d) is or would be by or to a person who is a Commonwealth public official (within the meaning of the Criminal Code ) in that person's capacity as such an official; or
(e) is or would be a private communication to a political entity (who is not a Commonwealth public official) in relation to public policy or public administration; or
(f) occurs or would occur in the House of Representatives or the Senate, or is or would be to a parliamentary committee.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
1F Section 5 (definition of electoral matters )
Repeal the definition.
1G Paragraph 7 ( 1 ) (b)
Omit "electoral matters" (wherever occurring), substitute "election and ballot matters".
1H Paragraph 7 ( 1 ) (c)
Omit "electoral and Parliamentary matters", substitute "election and ballot matters, and Parliamentary matters,".
1J Paragraphs 7 ( 1 ) (d) and (e)
Omit "electoral matters", substitute "election and ballot matters".
1K Paragraphs 91A(1A)(aa) and ( 2 ) (aa)
Omit "electoral matters", substitute "election and ballot matters".
1L Subsection 120 ( 2 ) (at the end of the table)
Add:
14 A decision under section 287S or 302H (anti-avoidance) to give a notice to a person or entity.
1M Section 125
Omit "The Electoral Commission shall", substitute "(1) The Electoral Commissioner must".
1N At the end of section 125
Add:
(2) The Register may be included on the Transparency Register under section 287N.
1P Paragraphs 189B ( 4 ) (b) and ( 5 ) (b)
Omit "electoral matters", substitute "election and ballot matters".
1Q Subsection 193 ( 4 ) (definition of Commonwealth country )
Omit "political entity" (wherever occurring), substitute "body politic".
(5) Schedule 1, item 4, page 4 (after line 4), after the definition of Australian resident in subsection 287(1), insert:
candidate has a meaning affected by subsection (9).
(6) Schedule 1, item 4, page 4 (line 12), omit "$13,500", substitute "$13,800".
(7) Schedule 1, item 4, page 4 (after line 13), after the definition of disclosure threshold , insert:
electoral expenditure has the meaning given by section 287AB.
foreign donor has the meaning given by section 287AA.
(8) Schedule 1, page 4 (after line 21), after item 6, insert:
6A Subsection 287 ( 1 ) (at the end of the definition of group )
Add:
Note: The meaning of group is affected by subsection (9).
(9) Schedule 1, item 7, page 5 (lines 9 and 10), omit "political campaigners and third party campaigners", substitute "entities".
(10) Schedule 1, item 7, page 5 (lines 13 to 17), omit the definition of political entity in subsection287(1).
(11) Schedule 1, item 7, page 5 (lines 18 to 23), omit the definition of political expenditure in subsection 287(1).
(12) Schedule 1, item 7, page 5 (line 24) to page 6 (line 12), omit the definition of political purpose in subsection 287(1).
(13) Schedule 1, item 7, page 6 (lines 13 and 14), omit the definition of Register of Associated Entities in subsection 287(1).
(14) Schedule 1, item 7, page 6 (lines 15 and 16), omit the definition of Register of Political Campaigners in subsection 287(1).
(15) Schedule 1, item 7, page 6 (lines 17 and 18), omit the definition of Register of T hird Party Campaigners in subsection 287(1).
(16) Schedule 1, item 7, page 6 (lines 19 to 24), omit the definition of senior staff in subsection 287(1).
(17) Schedule 1, item 7, page 6 (lines 25 to 30), omit the definition of third party campaigner in subsection 287(1), substitute:
scheme (except in section 287E) means:
(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
(b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
third party : a person or entity (except a political entity or a member of the House of Representatives or the Senate) is athird party during a financial year if:
(a) the amount of electoral expenditure incurred by or with the authority of the person or entity during the financial year is more than the disclosure threshold; and
(b) the person or entity is not required to be, and is not, registered as a political campaigner under section 287F for the year.
Note: See also subsection (8) and section 287C (entities that have branches or are not incorporated).
Transparency Register means the Register of that name established and maintained under section 287N.
(18) Schedule 1, page 6 (after line 30), after item 7, insert:
7A Subsection 287 ( 7 )
Repeal the subsection.
(19) Schedule 1, item 8, page 7 (line 1), omit " third party campaigners ", substitute "third parties ".
(20) Schedule 1, item 8, page 7 (line 2), omit "third party campaigner", substitute "third party".
(21) Schedule 1, item 8, page 7 (line 4), omit "third party campaigner", substitute "third party".
(22) Schedule 1, item 8, page 7 (lines 5 and 6), omit "political campaigners and third party campaigners", substitute "entities".
(23) Schedule 1, item 8, page 7 (lines 7 to 24), omit subsection 287(9), substitute:
When a person is a candidate or part of a group
(9) For the purposes of this Part:
(a) a person who is a candidate in an election is taken to begin to be a candidate on the earlier of the following days:
(i) the day the person announced that the person would be a candidate in the election;
(ii) the day the person nominated as a candidate in the election; and
(b) a group is taken to begin to be a group in an election on the day the members of the group make a request under section 168 for their names to be grouped in the ballot papers for the election;
and the candidate or group ceases to be a candidate or group at the end of 30 days after the polling day in the election.
(24) Schedule 1, item 9, page 7 (line 31) to page 8 (line 28), omit section 287AA, substitute:
287AA Meaning of foreign donor
Each of the following is a foreign donor :
(a) a body politic of a foreign country;
(b) a body politic of a part of a foreign country;
(c) a part of a body politic mentioned in paragraph (a) or (b);
(d) a foreign public enterprise;
(e) an entity (whether or not incorporated) that does not meet any of the following conditions:
(i) the entity is incorporated in Australia;
(ii) the entity's head office is in Australia;
(iii) the entity's principal place of activity is, or is in, Australia;
(f) an individual who is none of the following:
(i) an elector;
(ii) an Australian citizen;
(iii) an Australian resident;
(iv) a New Zealand citizen who holds a Subclass 444 (Special Category) visa under the Migration Act 1958 (or if that Subclass ceases to exist, the kind of visa that replaces that Subclass).
287AB Meaning of electoral expenditure
Dominant purpose of creating or communicating electoral matter
(1) Electoral expenditure means expenditure incurred for the dominant purpose of creating or communicating electoral matter, except to the extent that:
(a) the expenditure is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister; or
(b) the expenditure is incurred by a person or entity (the service provider ):
(i) in providing a communication service or communication platform that is used to create or communicate electoral matter; or
(ii) in providing a service for another person or entity that engaged the service provider, on a commercial basis, to create or communicate electoral matter.
Note 1: For example, expenditure incurred in relation to the communication of electoral matter for which particulars are required to be notified under section 321D is electoral expenditure.
Note 2: Expenditure by a person who creates matter that is covered by an exception under subsection 4AA(5) is not electoral expenditure. However, as each creation or communication of matter is treated as separate matter under subsection 4AA(2), expenditure incurred by another person who communicates the same matter for the dominant purpose referred to in subsection 4AA(1) may be electoral expenditure.
Note 3: For deemed electoral expenditure for political campaigners, see section 287J.
(2) Expenditure may be electoral expenditure whether the expenditure is incurred for the dominant purpose of creating or communicating particular electoral matter or electoral matter generally.
Expenditure in relation to an election
(3) In addition, any expenditure incurred by or with the authority of a political entity, a member of the House of Representatives or a Senator in relation to an election is electoral expenditure , except to the extent that the expenditure is, or is to be, paid or reimbursed by the Commonwealth (except under Division 3 (election funding)) to or in relation to a person who is or was a member of the House of Representatives, a Senator or a Minister, because that person is or was such a member, Senator or Minister.
287AC Implied freedom of political communication
This Part does not apply to a person or entity to the extent that any constitutional doctrine of implied freedom of political communication would be infringed if this Part were to apply to the person or entity.
(25) Schedule 1, item 10, page 9 (line 1), omit "Political campaigners and third party campaigners", substitute "Entities".
(26) Schedule 1, item 10, page 9 (lines 10 to 13), omit paragraph 287C(b), substitute:
(b) a contravention of:
(i) section 287F (requirement to register as a political campaigner) that would otherwise have been committed by an entity that is not a legal person; or
(ii) any other provision of this Part that would otherwise have been committed by a political campaigner that is not a legal person;
is taken to have been committed by the financial controller of the entity or campaigner; and
(c) a contravention of a provision of this Part that would otherwise have been committed by an entity (except a political entity or a political campaigner) that is not a legal person is taken to have been committed by each member, agent or officer (however described) of the entity who, acting in that person's actual or apparent authority, engaged in any conduct or made any omission contributing to the contravention.
(27) Schedule 1, item 10, page 9 (lines 14 and 15), omit "third party campaigners", substitute "third parties".
(28) Schedule 1, item 11, page 9 (lines 18 and 19), omit ", third party campaigners and associated entities", substitute "andassociated entities and the Transparency Register".
(29) Schedule 1, item 11, page 9 (line 21) to page 10 (line 6), omit section 287D, substitute:
287D Simplified outline of this Division
(30) Schedule 1, item 11, page 10 (line 10), after "in elections", insert ", and to provide for the Transparency Register,".
(31) Schedule 1, item 11, page 10 (line 19), omit ", third party campaigner".
(32) Schedule 1, item 11, page 10 (line 22) to page 11 (line 6), omit subsection 287F(1), substitute:
(1) A person or entity (except a political entity, a member of the House of Representatives or a Senator) must be registered for a financial year as a political campaigner, in accordance with subsection (2), if:
(a) the amount of electoral expenditure incurred by or with the authority of the person or entity during that or any one of the previous 3 financial years is $500,000 or more; or
(b) the amount of electoral expenditure incurred by or with the authority of the person or entity:
(i) during that financial year is $100,000 or more; and
(ii) during the previous financial year was at least two‑thirds of the revenue of the person or entity for that year.
Note: A person or entity might be taken to have incurred electoral expenditure in a financial year if the person or entity was required to be registered as a political campaigner for a previous financial year but was not so registered (see section 287J).
(33) Schedule 1, item 11, page 11 (line 7), omit "28 days", substitute "90 days".
(34) Schedule 1, item 11, page 11 (lines 10 and 11), omit "political expenditure", substitute "electoral expenditure".
(35) Schedule 1, item 11, page 11 (line 15), omit the penalty, substitute:
Civil penalty:
The higher of the following amounts:
(a) 200 penalty units;
(b) if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of electoral expenditure incurred in contravention of this subsection—3 times that amount.
(36) Schedule 1, item 11, page 11 (lines 16 to 23), omit subsection 287F(4).
(38) Schedule 1, item 11, page 12 (lines 25 and 26), omit "except a registered political party or a State branch of a registered political party", substitute "except a political entity".
(39) Schedule 1, item 11, page 12 (lines 32 and 33), omit "(see also subsection (5))".
(40) Schedule 1, item 11, page 13 (line 6), omit "28 days", substitute "90 days".
(41) Schedule 1, item 11, page 13 (line 9), omit "political expenditure", substitute "electoral expenditure".
(42) Schedule 1, item 11, page 13 (line 12), omit "The financial controller", substitute "A member, agent or officer".
(43) Schedule 1, item 11, page 13 (line 14), omit the penalty, substitute:
Civil penalty:
The higher of the following amounts:
(a) 200 penalty units;
(b) if the court can determine the amount, or an estimate of the amount, of electoral expenditure incurred in contravention of this subsection—3 times that amount.
(44) Schedule 1, item 11, page 13 (line 15) to page 14 (line 19), omit subsections 287H(4) and (5).
(45) Schedule 1, item 11, page 14 (line 23), omit "political expenditure", substitute "electoral expenditure".
(46) Schedule 1, item 11, page 14 (lines 25 and 26), omit "political expenditure", substitute "electoral expenditure".
(47) Schedule 1, item 11, page 14 (line 27), omit "political expenditure", substitute "electoral expenditure".
(48) Schedule 1, item 11, page 14 (line 29), omit "or third party campaigner".
(49) Schedule 1, item 11, page 14 (line 34), omit "or 287G and the 28‑day period", substitute "and the 90‑day period".
(50) Schedule 1, item 11, page 15 (line 2), omit "political expenditure", substitute "electoral expenditure".
(51) Schedule 1, item 11, page 15 (lines 3 and 4), omit "or third party campaigner".
(52) Schedule 1, item 11, page 15 (line 9), omit paragraph 287K(1)(b).
(53) Schedule 1, item 11, page 15 (lines 20 to 27), omit subsection 287L(1), substitute:
(1) The Electoral Commissioner must, subject to subsection (4), register a person or entity in accordance with the person or entity's application under section 287K if the application complies with subsection 287K(2). The Electoral Commissioner must register the person or entity as soon as practicable after receiving the application.
(54) Schedule 1, item 11, page 15 (lines 28 and 29), omit "(subject to paragraph (1)(b))".
(55) Schedule 1, item 11, page 15 (line 31), omit "any of sections 287F to", substitute "section 287F or".
(56) Schedule 1, item 11, page 16 (lines 1 to 7), omit subsection 287L(3).
(57) Schedule 1, item 11, page 16 (line 14), omit ", the third party campaigner".
(58) Schedule 1, item 11, page 16 (line 20), omit ", "third party campaigner"".
(59) Schedule 1, item 11, page 16 (lines 23 and 24), omit ", "third party campaigner"".
(60) Schedule 1, item 11, page 16 (line 34), omit ", third party campaigner".
(61) Schedule 1, item 11, page 17 (lines 2 and 3), omit ", a third party campaigner".
(62) Schedule 1, item 11, page 17 (lines 7 and 8), omit ", a third party campaigner".
(63) Schedule 1, item 11, page 17 (lines 9 to 11), omit "Register of Political Campaigners, Register of Third Party Campaigners and Register of Associated Entities", substitute "Transparency Register".
(64) Schedule 1, item 11, page 17 (line 12) to page 18 (line 31), omit section 287N, substitute:
287N Transparency Register
(1) The Electoral Commissioner must establish and maintain a Transparency Register.
Content of Transparency Register
(2) The Transparency Register must include the following information:
(a) the name of:
(i) each person or entity registered as a political campaigner under section 287L; and
(ii) each entity registered as an associated entity under section 287L; and
(iii) each person or entity that has provided a return under section 314AEB (annual returns by third parties) for that or any of the previous 3 financial years; and
(iv) each political entity;
(b) for political campaigners and associated entities—the name of the financial controller of the person or entity;
(c) for associated entities—the name of any registered political parties with which the person or entity is associated;
(d) any determination, notice or return published under section 320;
(e) any enforceable undertaking published under subsection 384A(2A).
Note: The Transparency Register may include the Register of Political Parties (see section 125).
(3) The Electoral Commissioner must keep the Transparency Register up‑to‑date.
(4) Subsection (3) does not prevent historical data from being included in the Transparency Register.
(65) Schedule 1, item 11, page 19 (line 2), omit "register", substitute "Transparency Register".
(66) Schedule 1, item 11, page 19 (lines 3 to 7), omit subsection 287P(1), substitute:
(1) A person or entity (except a political entity) whose name is on the Transparency Register must notify the Electoral Commissioner, in an approved form, if information on the Transparency Register relating to the person or entity ceases to be correct or complete.
Note: For who is responsible for notifying the Electoral Commissioner in relation to certain entities that are not legal persons, see section 287C.
(67) Schedule 1, item 11, page 19 (line 9), omit "28 days", substitute "90 days".
(68) Schedule 1, item 11, page 19 (lines 11 and 12), omit the note.
(69) Schedule 1, item 11, page 19, (after line 13), at the end of section 287P, add:
(3) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) of this section.
(70) Schedule 1, item 11, page 19 (line 14), omit "Registers", substitute "Transparency Register".
(71) Schedule 1, item 11, page 19 (lines 15 and 16), omit "Register of Political Campaigners, the Register of Third Party Campaigners and the Register of Associated Entities", substitute "Transparency Register".
(72) Schedule 1, item 11, page 19 (line 18), omit "Each of the Registers", substitute "The Transparency Register".
(73) Schedule 1, item 11, page 19 (line 19), omit "Registers", substitute "Transparency Register".
(74) Schedule 1, item 11, page 19 (lines 20 and 21), omit "Register of Political Campaigners, the Register of Third Party Campaigners or the Register of Associated Entities", substitute "Transparency Register".
(75) Schedule 1, item 11, page 19 (after line 22), at the end of Division 1A, add:
Subdivision D—Anti- avoidance
287S Anti - avoidance
(1) The Electoral Commissioner may give a person or entity (the relevant person ) a written notice if:
(a) one or more persons or entities (whether or not including the relevant person) enter into, begin to carry out or carry out a scheme; and
(b) there are reasonable grounds to conclude that the person or entity, or any of the persons or entities, who entered into, began to carry out or carried out the scheme or any part of the scheme did so for the sole or dominant purpose of avoiding the requirement to register the relevant person under section 287F or 287H (requirement to register as a political campaigner or associated entity) for a financial year; and
(c) as a result of the scheme or part of the scheme:
(i) the amount of electoral expenditure incurred by or with the authority of the relevant person during the financial year is reduced below the amount specified in paragraph 287F(1)(a) or subparagraph 287F(1)(b)(i); or
(ii) the amount of revenue of the relevant person during the previous financial year is increased; or
(iii) the amount of electoral expenditure incurred by or with the authority of the relevant person during the previous financial year is reduced; or
(iv) the relevant person is controlled by another person or entity that is not a registered political party but the other person or entity is controlled by, or controls, a registered political party; or
(v) the relevant person operates wholly, or to a significant extent, for the benefit of another person or entity that is not a registered political party but the other person or entity is controlled by, or controls, a registered political party; and
(d) as a result of the scheme or part, the relevant person is not required to be registered under section 287F or 287H for the financial year.
Note 1: A decision to give a notice is a reviewable decision (see section 120).
Note 2: For the definition of scheme , see subsection 287(1).
(2) The notice must specify that, for the purposes of this Act, the relevant person is taken, from the day specified in the notice, to be required to be registered for the financial year as a political campaigner or associated entity (as the case requires), and the notice has effect accordingly.
(3) The day specified in the notice must not be earlier than the day the notice is given to the relevant person.
(4) This section applies whether or not the scheme is entered into, begun to be carried out or carried out:
(a) in Australia; or
(b) outside Australia; or
(c) partly in Australia and partly outside Australia.
(76) Schedule 1, page 19 (before line 23), before item 12, insert:
11A Section 308
Repeal the section.
(77) Schedule 1, Division 1, page 19 (after line 24), at the end of the Division, add:
12A Paragraphs 321D ( 4 ) (a) and (b)
Repeal the paragraphs.
(78) Schedule 1, item 13, page 19 (after line 29), at the end of subitem (1), add:
Note: The effect of subitem (1) is that a person or entity may be required to be registered as a political campaigner or associated entity before the end of 90 days after the commencement of this item (see subsections 287F(2) and 287H(2) of the Commonwealth Electoral Act 1918 ).
(79) Schedule 1, item 13, page 20 (lines 1 to 19), omit subitems (2) and (3), substitute:
(2) For the purposes of determining whether a person or entity:
(a) is required to be registered under section 287F of the Commonwealth Electoral Act 1918 , as inserted by this Part; or
(b) is a third party (within the meaning of subsection 287(1) of that Act);
a reference in section 287F, or in the definition of third party in subsection 287(1), of that Act to electoral expenditure incurred by or with the authority of a person or entity is, in relation to the period beginning on 1 July 2015 and ending immediately before the commencement of this item, taken to be a reference to:
(c) for section 287F—expenditure disclosed by the person or entity in accordance with section 314AEB of that Act for the financial years beginning on 1 July 2015 and ending on 30 June 2018; and
(d) in any case—expenditure covered by section 314AEB of that Act incurred or authorised by the person or entity during the period beginning on 1 July 2018 and ending immediately before that commencement.
Transitional registration of associated entities
(3) For the purposes of the Commonwealth Electoral Act 1918 , an entity in relation to which a return is provided under section 314AEA (annual returns by associated entities) of that Act for the 2017‑2018 financial year is taken, on and after the commencement of this item, to be registered as an associated entity under section 287L of that Act for the 2018‑2019 financial year (whether the return is provided before or after that commencement).
(4) However, if the entity is not required to be registered as an associated entity for the 2018‑2019 financial year, the entity must notify the Electoral Commissioner that the entity is not required to be so registered within 90 days of:
(a) the commencement of this item; or
(b) if the entity did not provide a return for the 2017‑2018 financial year until after that commencement—the day the entity provided the return.
(5) To avoid doubt, subitems (3) and (4) do not limit the effect of section 287H or 287P of the Commonwealth Electoral Act 1918 .
Application of Transparency Register
(6) Sections 287N (Transparency Register) and 287Q (Transparency Register to be made public etc.) of the Commonwealth Electoral Act 1918 , as inserted by this Part, apply as soon as practicable, and no later than 90 days, after the commencement of this item.
(7) Section 287P (obligation to notify Electoral Commissioner of changes to information on Transparency Register) of the Commonwealth Electoral Act 1918 , as inserted by this Part, applies:
(a) on and after the day the Transparency Register first becomes available to the public under section 287Q of that Act; and
(b) in relation to information that ceased to be correct or complete before that day—as if the reference in subsection 287P(2) to the information ceasing to be correct or complete were a reference to that day.
(80) Schedule 1, item 15, page 21 (line 10) to page 22 (line 18), omit section 286A, substitute:
286A Simplified outline of this Part
(81) Schedule 1, item 16, page 22 (lines 19 to 21), omit the item, substitute:
16 Subsection 287 ( 1 ) (definitions of designated federal party ,disclosure period, eligible vote andentitlement )
Repeal the definitions.
16A Subsection 287 ( 1 )
Insert:
federal party means a registered political party that has:
(a) a federal branch; and
(b) 2 or more State branches that are registered political parties.
(82) Schedule 1, page 22 (after line 27), after item 18, insert:
18A Subsection 287 ( 1 ) (definition of Liberal Party )
Repeal the definition.
18B Subsection 287 ( 1 )
Insert:
State or Territory electoral law means a law of a State or Territory that deals with electoral matters (within the ordinary meaning of the expression).
State or Territory electoral purpose means a purpose relating to a State, Territory or local government election (and, to avoid doubt, does not include the purpose of incurring electoral expenditure or creating or communicating electoral matter).
18C Section 287B
Repeal the section.
(83) Schedule 1, item 20, page 23 (lines 5 to 16), omit section 287V, substitute:
287V Simplified outline of this Division
(84) Schedule 1, item 26, page 25 (lines 8 and 9), omit ", third party campaigners".
(85) Schedule 1, item 26, page 25 (line 10), omit ", third party campaigner".
(86) Schedule 1, item 26, page 25 (line 13), omit ", third party campaigner".
(87) Schedule 1, item 26, page 25 (line 16), omit ", third party campaigner".
(88) Schedule 1, item 26, page 26 (line 4), omit ", third party campaigner".
(89) Schedule 1, item 26, page 26 (lines 24 and 25), omit ", third party campaigner".
(90) Schedule 1, item 27, page 27 (line 3), omit "However, a claim must be made for election funding to be paid.", substitute "Election funding of $10,000 (as indexed) is paid as soon as practicable after 20 days after the polling day for the election or elections. However, a claim must be made for election funding of more than that amount to be paid.".
(91) Schedule 1, item 27, page 27 (line 6), after "However,", insert "for an amount of election funding that is more than $10,000 (as indexed),".
(92) Schedule 1, item 27, page 27 (line 24), omit "the election funding", substitute "election funding of more than $10,000".
(93) Schedule 1, item 27, page 27 (line 26) to page 28 (line 12), omit subsection 293(2), substitute:
(2) The amount of election funding that is payable in relation to the party is:
(a) the total of the following:
(i) $2.73454 for each formal first preference vote given for a candidate in relation to whom paragraph (1)(a) is satisfied;
(ii) $2.73454 for each formal first preference group vote in respect of a group in relation to which paragraph (1)(b) is satisfied;
based on formal first preference votes and formal first preference group votes counted as at the day mentioned in subsection (3); or
(b) if the amount worked out under paragraph (a) is more than $10,000—the lesser of:
(i) the amount worked out under that paragraph; and
(ii) the amount of electoral expenditure that is claimed in respect of the registered political party for all elections held that day, and accepted by the Electoral Commission under section 298C.
Note: The amounts in subparagraphs (2)(a)(i) and (ii) and paragraph (b) are indexed under section 321.
(3) The amount worked out under paragraph (2)(a) is based on formal first preference votes and formal first preference group votes counted as at the day:
(a) if the amount is to be paid under Subdivision BA—that is 20 days after the polling day for the election or elections; or
(b) if the amount is to be paid under Subdivision C—a determination on the party's interim claim or final claim (as the case requires) for election funding is made by the Electoral Commission.
(94) Schedule 1, item 27, page 28 (line 23), omit "the election funding", substitute "election funding of more than $10,000".
(95) Schedule 1, item 27, page 28 (line 25) to page 29 (line 1), omit subsection 294(2), substitute:
(2) The amount of election funding that is payable in relation to the candidate is:
(a) $2.73454 for each formal first preference vote given for the candidate in the election, based on formal first preference votes counted as at the day mentioned in subsection (3); or
(b) if the amount worked out under paragraph (a) is more than $10,000—the lesser of:
(i) the amount worked out under paragraph (a); and
(ii) the amount of electoral expenditure that is claimed in respect of the candidate for the election, and accepted by the Electoral Commission under section 298C.
Note: The amounts in paragraphs (2)(a) and (b) are indexed under section 321.
(3) The amount worked out under paragraph (2)(a) is based on formal first preference votes counted as at the day:
(a) if the amount is to be paid under Subdivision BA—that is 20 days after the polling day for the election; or
(b) if the amount is to be paid under Subdivision C—a determination on the candidate's interim claim or final claim (as the case requires) for election funding is made by the Electoral Commission.
(96) Schedule 1, item 27, page 29 (line 10), omit "the election funding", substitute "election funding of more than $10,000".
(97) Schedule 1, item 27, page 29 (lines 12 to 25), omit subsection 295(2), substitute:
(2) The amount of election funding that is payable in relation to the group is:
(a) $2.73454 for each formal first preference group vote in the Senate election, based on formal first preference votes and formal first preference group votes counted as at the day mentioned in subsection (3); or
(b) if the amount worked out under paragraph (a) is more than $10,000—the lesser of:
(i) the amount worked out under paragraph (a); and
(ii) the amount of electoral expenditure that is claimed in respect of the group for the Senate election, and accepted by the Electoral Commission under section 298C.
Note: The amounts in paragraphs (2)(a) and (b) are indexed under section 321.
(3) The amount worked out under paragraph (2)(a) is based on formal first preference votes and formal first preference group votes counted as at the day:
(a) if the amount is to be paid under Subdivision BA—that is 20 days after the polling day for the Senate election; or
(b) if the amount is to be paid under Subdivision C—a determination on the group's interim claim or final claim (as the case requires) for election funding is made by the Electoral Commission.
(98) Schedule 1, item 27, page 29 (after line 25), after Subdivision B, insert:
Subdivision BA—Automatic payment of election funding of $10,000
296 Automatic payment of election funding of $10,000
(1) As soon as practicable after 20 days after the polling day for an election or elections, the Electoral Commission must pay $10,000 in relation to each registered political party, candidate, or group in a Senate election, that is entitled to claim, and wishes to receive, an amount under subsection 293(2), 294(2) or 295(2).
Note 1: The amount of $10,000 is indexed under section 321.
Note 2: A registered political party may state under paragraph 126(2)(d) that it does not wish to receive election funding.
(2) The amount must be paid to:
(a) for a registered political party:
(i) that is a State branch of a federal party; and
(ii) that the agent of the federal party has agreed may receive the amount;
the agent of the State branch; or
(b) for a registered political party:
(i) that is a State branch of a federal party; and
(ii) that the agent of the federal party has not agreed may receive the amount;
the agent of the federal party; or
(c) for any other registered political party—the agent of the registered political party; or
(d) for a candidate or group—the agent of the candidate or group.
(99) Schedule 1, item 27, page 29 (line 26), at the end of the heading to Subdivision C, add "of more than $10,000".
(100) Schedule 1, item 27, page 29 (line 27), at the end of the heading to section 297, add "for election funding of more than $10,000".
(101) Schedule 1, item 27, page 29 (line 28), omit "an amount of election funding", substitute "election funding of more than $10,000".
(102) Schedule 1, item 27, page 29 (line 30), omit paragraph 297(1)(a), substitute:
(a) for a registered political party:
(i) that is a State branch of a federal party; and
(ii) that the agent of the federal party has agreed may receive the election funding;
the agent of the State branch; or
(aa) for a registered political party:
(i) that is a State branch of a federal party; and
(ii) that the agent of the federal party has not agreed may receive the election funding;
the agent of the federal party; or
(ab) for any other registered political party—the agent of the registered political party; or
(103) Schedule 1, item 27, page 29 (after line 31), at the end of subsection 297(1), add:
Note: The amount of $10,000 is indexed under section 321.
(104) Schedule 1, item 27, page 30 (lines 4 to 6), omit subsection 297(3), substitute:
(3) A final claim must specify all electoral expenditure for which election funding is sought, even if:
(a) some of the election funding sought has already been paid under Subdivision BA; or
(b) some or all of the electoral expenditure has been specified in an interim claim.
(105) Schedule 1, item 27, page 30 (lines 11 to 15), omit subsection 298(1), substitute:
(1) A claim made by the agent of a registered political party must specify, in relation to all elections held on the same day, electoral expenditure covered by subsection (1A) for which election funding is sought.
(1A) The electoral expenditure must have been incurred, in relation to the elections, by:
(a) for a claim made by the agent of a registered political party under paragraph 297(1)(a) or (ab):
(i) the party; or
(ii) a candidate endorsed by the party; or
(b) for a claim made by the agent of a federal party under paragraph 297(1)(aa) in relation to a State branch of the federal party:
(i) the State branch; or
(ii) a candidate endorsed by the State branch or by the federal party; or
(iii) the federal party.
(106) Schedule 1, item 27, page 32 (lines 24 to 28), omit subsection 298D(2) (not including the notes), substitute:
(2) Within 20 days of the Electoral Commission receiving the claim, the Electoral Commission must pay 95% of the amount:
(a) payable in relation to the party, candidate or group under subsection 293(2), 294(2) or 295(2); and
(b) reduced by any amount that has been paid in relation to the party, candidate or group in accordance with section 296.
The amount must be paid in accordance with paragraphs 298A(c) and (d).
(107) Schedule 1, item 27, page 33 (lines 5 to 10), omit subsection 298E(2) (not including the notes), substitute:
(2) Within 20 days of the Electoral Commission receiving the claim, the Electoral Commission must pay the amount:
(a) payable in relation to the party, candidate or group under subsection 293(2), 294(2) or 295(2); and
(b) reduced by any amount that has been paid in relation to the party, candidate or group in accordance with section 296 or 298D.
The amount must be paid in accordance with paragraphs 298A(c) and (d).
(108) Schedule 1, item 33, page 37 (lines 5 to 27), omit section 302A, substitute:
302A Simplified outline of this Division
(109) Schedule 1, item 33, page 38 (line 1), omit the heading to section 302B, substitute:
302B Definitions
(110) Schedule 1, item 33, page 38 (line 2), omit "(1) In", substitute "In".
(111) Schedule 1, item 33, page 38 (lines 14 to 21), omit subsection 302B(2).
(112) Schedule 1, item 33, page 38 (after line 29), at the end of Subdivision A, add:
302CA Relationship with State and Territory electoral laws
Giving, receiving or retaining gifts
(1) Despite any State or Territory electoral law, a person or entity may:
(a) give a gift to, or for the benefit of, a political entity, a political campaigner or a third party (a gift recipient ); or
(b) if the person or entity is a gift recipient—receive or retain a gift; or
(c) on behalf of a gift recipient, receive or retain a gift;
if:
(d) this Division does not prohibit the giving, receiving or retaining of the gift; and
(e) the gift, or part of the gift, is required to be, or may be, used for the purposes of incurring electoral expenditure, or creating or communicating electoral matter, in accordance with subsection (2).
(2) A gift, or part of a gift, is required to be, or may be, used for a purpose of incurring electoral expenditure, or creating or communicating electoral matter, if:
(a) any terms set by the person or entity providing the gift explicitly require or allow the gift or part to be used for that purpose (whether or not those terms are enforceable); or
(b) the person or entity providing the gift does not set terms relating to the purpose for which the gift or part can be used.
Gifts made or retained for State or Territory electoral purposes
(3) Without limiting when subsection (1) does not apply, that subsection does not apply in relation to all or part of a gift if:
(a) any terms set by the person or entity providing the gift explicitly require the gift or part to be used only for a State or Territory electoral purpose (whether or not those terms are enforceable); or
(b) either:
(i) the effect of a State or Territory electoral law is to require the gift or part to be kept or identified separately (or to require the gift or part to be kept or identified separately in order to be entitled to a benefit under that law); or
(ii) the gift recipient keeps or identifies the gift or part separately;
in order to be used only for a State or Territory electoral purpose.
Note: For the purposes of subparagraph (3)(b)(ii), a gift recipient may identify the electoral purpose for which a gift is to be used at any time prior to using that gift. A person who gives, receives or retains a gift that is used for a State or Territory electoral purpose in contravention of a State or Territory electoral law may be liable to a penalty under the State or Territory electoral law.
Example: A gift is given without expressing an intended purpose, and ultimately is used for a State or Territory electoral purpose. The giving, receipt, retention and use of that gift must comply with the State or Territory electoral law.
Using gifts
(4) Despite any State or Territory electoral law, a gift recipient may use, or authorise the use of, a gift for the purposes of incurring electoral expenditure, or creating or communicating electoral matter, if this Division does not prohibit the use of the gift.
(5) Without limiting when subsection (4) does not apply, that subsection does not apply in relation to all or part of a gift if the effect of the State or Territory electoral law is to require the gift or part to be kept or identified separately (or to require the gift or part to be kept or identified separately in order to be entitled to a benefit under that law) in order to be used only for a State or Territory electoral purpose.
When gifts are kept or identified separately
(6) Without limiting paragraph (3)(b) or subsection (5), an amount that is all or part of a gift of money is kept or identified separately in order to be used only for a State or Territory electoral purpose if:
(a) the amount is kept in an account where:
(i) the only amounts deposited into the account are amounts to be used only for a State or Territory electoral purpose; and
(ii) the only amounts paid out of the account are amounts incurred for a State or Territory electoral purpose; or
(b) the amount is designated as an amount that must be used only for a State or Territory electoral purpose.
(113) Schedule 1, item 33, page 39 (line 4), at the end of the heading to section 302D, add "by foreign donors".
(114) Schedule 1, item 33, page 39 (line 13), omit "not an allowable donor", substitute "a foreign donor".
(115) Schedule 1, item 33, page 39 (lines 14 to 25), omit paragraphs 302D(1)(e) to (g), substitute:
(e) at the time the gift is made, the amount or value of the gift is at least $1,000; and
(f) acceptable action has not been taken in relation to the gift before the end of 6 weeks after the gift is made.
(116) Schedule 1, item 33, page 39 (lines 26 to 28), omit note 1.
(117) Schedule 1, item 33, page 39 (after line 32), after subsection 302D(1), insert:
Exception—obtaining information about foreign donor status
(1A) Subsection (1) does not apply in relation to a gift made by a person (the donor ) if:
(a) before the end of 6 weeks after the gift was made, the donor affirmed in writing to the agent or financial controller, or to the political entity or political campaigner, that the donor was not a foreign donor; and
(b) for a gift whose amount or value was, at the time the gift was made, at least equal to the disclosure threshold—before the end of 6 weeks after the gift was made:
(i) the agent or financial controller obtained appropriate donor information in accordance with section 302P establishing that the donor was not a foreign donor; or
(ii) the agent or financial controller took reasonable steps to verify that the donor was not a foreign donor; and
(c) in any case—the agent or financial controller did not, at any time during that 6‑week period, know, or have reasonable grounds to believe, that the donor was a foreign donor.
Note 1: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of theRegulatory Powers Act ).
Note 2: A person who makes a false affirmation or provides false donor information for the purposes of paragraph (a) or subparagraph (b)(i) of this subsection may be liable to a penalty (see section 302G).
Exception—private capacity
(1B) Subsection (1) does not apply if the gift was made in a private capacity to the gift recipient for the gift recipient's personal use.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of theRegulatory Powers Act ).
Exception—donations given on terms inconsistent with incurring electoral expenditure etc.
(1C) Subsection (1) does not apply if using the gift for the purposes of incurring electoral expenditure, or creating or communicating electoral matter, would be inconsistent with the terms of the gift.
Note: A person who wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act).
(118) Schedule 1, item 33, page 40 (line 4), omit the penalty, substitute:
Penalty:200 penalty units.
(119) Schedule 1, item 33, page 40 (line 8), omit the penalty, substitute:
Civil penalty:
The higher of the following amounts:
(a) 200 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift at the time the gift is made—3 times that amount or value.
(120) Schedule 1, item 33, page 40 (line 11), omit "Section 93", substitute "Subsection 93(2)".
(121) Schedule 1, item 33, page 40 (lines 14 and 15), omit "party campaigners and certain political campaigners", substitute "partiesby foreign donors".
(122) Schedule 1, item 33, page 40 (line 16) to page 41 (line 22), omit subsections 302E(1) and (2), substitute:
(1) A person or entity (the gift recipient ) contravenes this subsection if:
(a) the gift recipient is a third party; and
(b) a gift is made to, or for the benefit of, the gift recipient during a financial year; and
(c) the gift is made by, or on behalf of, a person or entity (the donor ); and
(d) the donor is a foreign donor; and
(e) at the time the gift is made, the amount or value of the gift is at least equal to the disclosure threshold; and
(f) the gift recipient uses the gift:
(i) for the purposes of incurring electoral expenditure; or
(ii) for the dominant purpose of creating or communicating electoral matter; and
(g) acceptable action has not been taken in relation to the gift before the end of 6 weeks after the gift is made.
Note 1: The amount or value of the gift might be a debt due to the Commonwealth under section 302Q.
Note 2: The physical elements of an offence against subsection (3) are set out in this subsection (see section 302R).
Exception—obtaining information about foreign donor status
(2) Subsection (1) does not apply if:
(a) before the end of 6 weeks after the gift was made, the donor affirmed in writing to the gift recipient that the donor was not a foreign donor; and
(b) before the end of 6 weeks after the gift was made:
(i) the gift recipient obtained appropriate donor information in accordance with section 302P establishing that the donor was not a foreign donor; or
(ii) the gift recipient took reasonable steps to verify that the donor was not a foreign donor; and
(c) in any case—the gift recipient did not, at any time during that 6‑week period, know, or have reasonable grounds to believe, that the donor was a foreign donor.
Note 1: A person or entity that wishes to rely on this subsection bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code and section 96 of theRegulatory Powers Act ).
Note 2: A person who makes a false affirmation or provides false donor information for the purposes of paragraph (a) or subparagraph (b)(i) of this subsection may be liable to a penalty (see section 302G).
(123) Schedule 1, item 33, page 41 (line 24), omit "person commits an offence if the person", insert "person or entity commits an offence if the person or entity".
(124) Schedule 1, item 33, page 41 (line 26), omit the penalty, substitute:
Penalty:50 penalty units.
(125) Schedule 1, item 33, page 41 (line 28), omit "person is liable to a civil penalty if the person", insert "person or entity is liable to a civil penalty if the person or entity".
(126) Schedule 1, item 33, page 41 (line 30), omit the penalty, substitute:
Civil penalty:
The higher of the following amounts:
(a) 100 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift at the time the gift is made—3 times that amount or value.
(127) Schedule 1, item 33, page 42 (line 3), omit "Section 93", substitute "Subsection 93(2)".
(128) Schedule 1, item 33, page 42 (line 6) to page 46 (line 10), omit sections 302F to 302J, substitute:
302F Gifts provided for the purposes of incurring electoral expenditure etc.
Offence by gift recipient etc.
(1) A person or entity (the relevant person ) contravenes this subsection if:
(a) the relevant person is:
(i) the agent of a political entity; or
(ii) the financial controller of a political campaigner; or
(iii) a third party; and
(b) a gift is made to, or for the benefit of, the political entity, political campaigner or third party by a foreign donor; and
(c) the relevant person knows that the donor is a foreign donor; and
(d) the amount or value of the gift is at least $100; and
(e) either of the following applies:
(i) the relevant person knows that the foreign donor intends the gift to be used for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter;
(ii) the relevant person accepted the gift intending to use the gift for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; and
(f) acceptable action has not been taken in relation to the gift before the end of 6 weeks after the gift is made.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 302R).
Offence by foreign donor
(2) A person or entity (the donor ) contravenes this subsection if:
(a) the donor is a foreign donor; and
(b) the donor makes a gift to, or for the benefit of, another person or entity; and
(c) the other person or entity is:
(i) a political entity; or
(ii) a political campaigner; or
(iii) a third party; and
(d) if the other person or entity is a third party:
(i) the donor intends the gift to be used for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; or
(ii) the donor knows that the other person or entity accepts the gift intending to use the gift for the purposes of incurring electoral expenditure, or for the dominant purpose of creating or communicating electoral matter; and
(e) in any case—acceptable action has not been taken in relation to the gift before the end of 6 weeks after the gift is made.
Note: The physical elements of an offence against subsection (3) are set out in this subsection (see section 302R).
Offence
(3) A person or entity commits an offence if the person or entity contravenes subsection (1) or (2).
Penalty:
(a) for a contravention of subsection (1) by a third party—50 penalty units; or
(b) otherwise—100 penalty units.
(4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (3).
Civil penalty
(5) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1) or (2).
Civil penalty:
The higher of the following amounts:
(a) either:
(i) for a contravention of subsection (1) by a third party—100 penalty units; or
(ii) otherwise—200 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift at the time the gift is made—3 times that amount or value.
(6) Subsection (5) applies:
(a) whether or not the conduct constituting the contravention of subsection (1) or (2) occurs in Australia; and
(b) whether or not a result of the conduct constituting the alleged contravention of subsection (1) or (2) occurs in Australia.
302G False affirmation or information that donor is not a foreign donor
(1) A person contravenes this subsection if:
(a) the person makes an affirmation or provides appropriate donor information in relation to a gift; and
(b) the affirmation or information is for the purposes of paragraph 302D(1A)(a) or 302E(2)(a) or subparagraph 302D(1A)(b)(i) or 302E(2)(b)(i); and
(c) the person knows that the affirmation or information is false.
Note: The physical elements of an offence against subsection (2) are set out in this subsection (see section 302R).
Offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty:100 penalty units.
(3) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (2).
Civil penalty
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty:
The higher of the following amounts:
(a) 200 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift—3 times that amount or value.
(5) Subsection (4) applies:
(a) whether or not the conduct constituting the contravention of subsection (1) occurs in Australia; and
(b) whether or not a result of the conduct constituting the alleged contravention of subsection (1) occurs in Australia.
302H Anti - avoidance
(1) The Electoral Commissioner may give a person or entity (the relevant person ) a written notice if:
(a) the relevant person, whether alone or together with one or more other persons or entities, enters into, begins to carry out or carries out a scheme; and
(b) there are reasonable grounds to conclude that the relevant person did so for the sole or dominant purpose of avoiding section 302D, 302E or 302F prohibiting, in particular circumstances:
(i) a gift being made to or for the benefit of a political entity, political campaigner or third party (whether or not the relevant person) by or on behalf of a foreign donor; or
(ii) a gift made by or on behalf of a foreign donor being received, retained or used by or on behalf of a political entity, political campaigner or third party (whether or not the relevant person); and
(c) as a result of the scheme or part of the scheme:
(i) the foreign donor engages in a course of conduct of giving the gift, and one or more other gifts, to or for the benefit of the political entity, political campaigner or third party in those circumstances, where the amount or value of each of those gifts is below the amount specified in the provision but the total amount or value of the gifts is more than that amount; or
(ii) the foreign donor forms, or participates in the formation of, a body corporate in Australia; or
(iii) the making of the gift to or for the benefit of the political entity, political campaigner or third party by or on behalf of the foreign donor in those circumstances is otherwise facilitated; and
(d) as a result of the scheme or part, the provision does not prohibit the making, receipt, retention or use of the gift in those circumstances.
Note 1: A decision to give a notice is a reviewable decision (see section 120).
Note 2: For the definition of scheme , see subsection 287(1).
(2) The notice must:
(a) specify the conduct constituting the scheme; and
(b) require the relevant person:
(i) not to enter into the scheme; or
(ii) not to begin to carry out the scheme; or
(iii) not to continue to carry out the scheme.
Offence
(3) A person or entity commits an offence if:
(a) the person or entity is given a notice under subsection (1); and
(b) the person or entity engages in conduct; and
(c) the conduct contravenes the notice.
Penalty:200 penalty units.
(4) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (3).
Civil penalty
(5) A person or entity is liable to a civil penalty if:
(a) the person or entity is given a notice under subsection (1); and
(b) the person or entity engages in conduct; and
(c) the conduct contravenes the notice.
Civil penalty:
The higher of the following amounts:
(a) 200 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift—3 times that amount or value.
(6) Subsection (5) applies:
(a) whether or not the conduct constituting the contravention of subsection (1) occurs in Australia; and
(b) whether or not a result of the conduct constituting the alleged contravention of subsection (1) occurs in Australia.
(130) Schedule 1, item 33, page 49 (line 6), omit "Exceptions and other", substitute "Other".
(132) Schedule 1, item 33, page 50 (lines 1 to 17), omit section 302P, substitute:
302P Information relating to foreign donor status
(1) A person or entity (the first person ) obtainsappropriate donor information in relation to a person or entity (thedonor ) making a gift, or on whose behalf a gift is made, establishing that the donor is not a foreign donor if the first person obtains information or a document specified in column 2 of the applicable item in the following table:
Note 1: A person or entity who obtains appropriate donor information may not commit an offence or contravene a civil penalty provision in this Division (see subsections 302D(1A) and 302E(2)).
Note 2: In 2018, trust deeds or other governing documents of entities registered under the Australian Charities and Not - for - profits Commission Act 2012 were generally available on the Australian Charities and Not-for-profits Register as a governing document (see https://www.acnc.gov.au).
(2) For the purposes of paragraph (a) of item 3 of the table, each of the minutes or other official documents must evidence a different kind of decision.
(3) For the purposes of item 3 of the table, information may be omitted, redacted or deleted from the minutes, documents or information.
(133) Schedule 1, item 33, page 50 (lines 23 and 24), omit "302L (except section 302J)", substitute "302F".
(134) Schedule 1, item 34, page 51 (line 10), omit "during the disclosure period for the election".
(135) Schedule 1, item 34, page 51 (line 20), omit "Commission", substitute "Commissioner, on the Transparency Register,".
(136) Schedule 1, page 52 (after line 2), after item 36, insert:
36A Subsection 304 ( 2 )
Omit "during the disclosure period for the election", substitute "while the person was a candidate in the election or by-election".
(137) Schedule 1, item 37, page 52 (lines 5 to 7), omit the note and the penalty, substitute:
Civil penalty:
The higher of the following:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of gifts not disclosed—3 times that amount or value.
(138) Schedule 1, page 52 (after line 9), after item 38, insert:
38A Subsection 304 ( 3 )
Omit "during the disclosure period for the election", substitute "while the group was a group in the election".
(139) Schedule 1, item 39, page 52 (lines 12 to 14), omit the note and the penalty, substitute:
Civil penalty:
The higher of the following:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of gifts not disclosed—3 times that amount or value.
(141) Schedule 1, page 53 (after line 10), after item 45, insert:
45A At the end of section 304
Add:
(9) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) or (3) of this section.
(142) Schedule 1, item 46, page 53 (lines 11 and 12), omit the item, substitute:
45B Subsection 305A ( 1 )
After "A person", insert "or entity".
46 Paragraph 305A ( 1 ) (a)
Repeal the paragraph, substitute:
(a) the person or entity makes a gift or gifts to any candidate or member of a group in an election or by-election; and
(143) Schedule 1, item 48, page 53 (lines 15 to 18), omit the item, substitute:
48 Paragraph 305A ( 1 ) (c)
Repeal the paragraph, substitute:
(c) at the time the person or entity makes the gift or gifts, the person or entity is not a political entity or an associated entity.
(144) Schedule 1, item 50, page 53 (lines 21 and 22), omit the item, substitute:
49A Subsection 305A(1A)
After "A person", insert "or entity".
50 Paragraph 305A(1A)(a)
Repeal the paragraph, substitute:
(a) the person or entity makes a gift or gifts:
(i) during the period, relating to an election or by-election, specified by legislative instrument by the Electoral Commissioner; and
(ii) to any person or entity (whether incorporated or not) specified by the instrument; and
(145) Schedule 1, item 52, page 53 (line 25) to page 54 (line 2), omit the item, substitute:
52 Paragraph 305A(1A)(c)
Repeal the paragraph, substitute:
(c) at the time the person or entity makes the gift or gifts, the person or entity is not a political entity or associated entity.
(146) Schedule 1, item 54, page 54 (lines 5 and 6), omit the item, substitute:
54 Subsection 305A ( 2 )
Omit "The person must", substitute "The person or entity must, in accordance with this section,".
54A Paragraph 305A ( 2 ) (a)
Omit "made during the disclosure period".
(147) Schedule 1, item 55, page 54 (lines 7 and 8), omit the item, substitute:
55 Paragraph 305A ( 2 ) (b)
Repeal the paragraph, substitute:
(b) all gifts of more than the disclosure threshold, received by the person or entity at any time, that the person or entity used (either wholly or partly):
(i) to enable the person or entity to make the gifts mentioned in paragraph (a) of this subsection; or
(ii) to reimburse the person or entity for making such gifts.
(148) Schedule 1, item 56, page 54 (lines 11 to 13), omit the note and the penalty, substitute:
Civil penalty:
The higher of the following:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of gifts not disclosed—3 times that amount or value.
(149) Schedule 1, item 57, page 54 (lines 14 and 15), omit the item, substitute:
57 Subsection 305A(2A)
Repeal the subsection, substitute:
(2A) For the purposes of subsection (2), 2 or more gifts made by a person or entity are taken to be one gift if:
(a) the gifts are made to the same candidate or group in an election or by-election; or
(b) the gifts are made to the same person or entity during the period specified by legislative instrument under paragraph (1A)(a).
(150) Schedule 1, item 59, page 54 (lines 18 and 19), omit the item, substitute:
58A Paragraph 305A ( 4 ) (c)
Omit "organisation", substitute "entity".
59 Subsection 305A ( 5 )
Repeal the subsection, substitute:
(5) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) of this section.
(151) Schedule 1, item 61, page 54 (line 23) to page 55 (line 15), omit the item, substitute:
61 Subsections 305B ( 1 ) and ( 2 )
Repeal the subsections, substitute:
(1) If, in a financial year, a person or entity makes gifts totalling more than the disclosure threshold to:
(a) the same registered political party; or
(b) the same State branch of a registered political party; or
(c) the same political campaigner;
the person or entity must, in accordance with this section, provide a return to the Electoral Commission within 20 weeks after the end of the financial year, covering all the gifts that the person or entity made to that political party, branch or campaigner during the financial year.
Civil penalty:
The higher of the following:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of gifts not disclosed—3 times that amount or value.
(2) For the purposes of subsection (1), a person or entity who makes a gift to any other person or entity with the intention of benefiting a particular registered political party, State branch of a registered political party, or political campaigner, is taken to have made that gift directly to that party, branch or campaigner.
(152) Schedule 1, item 63, page 55 (line 21), after "person", insert "or entity".
(153) Schedule 1, page 55 (after line 28), after item 63, insert:
63A Paragraph 305B(3B)(e)
After "person", insert "or entity".
(154) Schedule 1, item 64, page 55 (after line 32), at the end of section 305B, add:
(6) In addition, this section does not apply in relation to a gift if:
(a) the gift was received by, or on behalf of, a person or organisation that was registered under the Australian Charities and Not ‑for ‑profits Commission Act 2012 ; and
(b) no part of the gift was used during the financial year by the person or organisation:
(i) to enable the person or organisation to incur electoral expenditure, or create or communicate electoral matter; or
(ii) to reimburse the person or organisation for incurring electoral expenditure, or creating or communicating electoral matter.
(7) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.
(155) Schedule 1, item 70, page 57 (lines 7 and 8), omit the item, substitute:
70 Subsections 306A ( 4 ) and ( 5 )
Repeal the subsections.
(156) Schedule 1, item 73, page 57 (line 29), omit "gift; and", substitute "gift.".
(157) Schedule 1, item 73, page 57 (line 30) to page 58 (line 3), omit paragraph 306B(1)(c).
(158) Schedule 1, item 74, page 59 (line 2), omit "Commission", substitute "Commissioner, on the Transparency Register,".
(160) Schedule 1, item 78, page 59 (lines 14 to 16), omit the note and the penalty, substitute:
Civil penalty:
The higher of the following:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of electoral expenditure not disclosed—3 times that amount.
(161) Schedule 1, item 80, page 59 (lines 21 to 23), omit the note and the penalty, substitute:
Civil penalty:
The higher of the following:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, of electoral expenditure not disclosed—3 times that amount.
(162) Schedule 1, item 81, page 59 (line 24) to page 60 (line 10), omit the item, substitute:
81 At the end of section 309
Add:
(4) A return provided under subsection (2) or (3) must also include details of any discretionary benefits (however described) received by, or on behalf of, the person or any of the members of the group from the Commonwealth, a State or a Territory during the period of 12 months before polling day in the election.
(163) Schedule 1, item 81, page 60 (after line 10), at the end of section 309, add:
(5) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (2) or (3) of this section.
(164) Schedule 1, item 84, page 60 (line 22), omit ", and the senior staff of,".
(165) Schedule 1, item 84, page 60 (line 23), omit "Third party campaigners", substitute "Third parties".
(166) Schedule 1, item 84, page 60 (line 24), omit "political expenditure", substitute "electoral expenditure".
(167) Schedule 1, item 84, page 60 (line 25), omit ", and the senior staff of, the campaigners", substitute "the third parties".
(168) Schedule 1, item 84, page 60 (line 28), omit "Commission", substitute "Commissioner, on the Transparency Register,".
(169) Schedule 1, item 86, page 61 (lines 4 and 5), omit ", third party campaigner or associated entity", substitute "or third party".
(170) Schedule 1, item 87, page 61 (lines 20 to 22), omit the note and the penalty, substitute:
Civil penalty:
The higher of the following:
(a) 120 penalty units;
(b) if an amount is not disclosed under paragraph (2)(a) or subparagraph (2)(b)(ii) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed—3 times that amount.
(171) Schedule 1, item 87, page 61 (line 33), omit "314AE; and", substitute "314AE;".
(172) Schedule 1, item 87, page 61 (after line 33), at the end of paragraph 314AB(2)(a), add:
(iv) for political campaigners—the total amount of electoral expenditure incurred by or with the authority of the campaigner; and
(173) Schedule 1, item 87, page 62 (lines 1 to 10), omit paragraph 314AB(2)(b), substitute:
(b) include details of any discretionary benefits (however described) received by, or on behalf of, the party, branch or campaigner from the Commonwealth, a State or a Territory during the financial year; and
(174) Schedule 1, item 87, page 62 (lines 11 and 12), omit paragraph 314AB(2)(c).
(175) Schedule 1, item 87, page 62 (lines 13 to 20), omit paragraph 314AB(2)(d).
(176) Schedule 1, item 87, page 62 (line 21), omit "in any case—".
(177) Schedule 1, item 87, page 62 (line 22), omit the note.
(178) Schedule 1, item 87, page 62 (line 24), omit "political expenditure", substitute "electoral expenditure".
(179) Schedule 1, item 87, page 62 (after line 30), at the end of section 314AB, add:
(4) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.
(181) Schedule 1, item 89, page 64 (lines 15 and 16), omit the item, substitute:
89 Subsection 314AC ( 1 )
Omit "$10,000, the return must", substitute "the disclosure threshold, the return must (subject to subsection (4))".
(182) Schedule 1, page 64 (after line 23), after item 92, insert:
92A At the end of section 314AC
Add:
(4) This section does not apply in relation to an amount if:
(a) the amount was received by, or on behalf of, a person or organisation that was registered under the Australian Charities and Not ‑for ‑profits Commission Act 2012 ; and
(b) no part of the amount was used during the financial year by the person or organisation:
(i) to enable the person or organisation to incur electoral expenditure, or create or communicate electoral matter; or
(ii) to reimburse the person or organisation for incurring electoral expenditure, or creating or communicating electoral matter.
(183) Schedule 1, item 97, page 65 (lines 6 to 19), omit the item, substitute:
97 At the end of subsection 314AEA ( 1 )
Add:
; and (d) in any case—details of any discretionary benefits (however described) received by, or on behalf of, the entity from the Commonwealth, a State or a Territory during the financial year.
Civil penalty:
The higher of the following:
(a) 60 penalty units;
(b) if there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed in accordance with subsection (1)—3 times that amount.
(184) Schedule 1, item 99, page 65 (after line 31), at the end of section 314AEA, add:
(7) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.
(185) Schedule 1, item 100, page 66 (line 3), omit "third partycampaigners", substitute "third parties".
(186) Schedule 1, item 101, page 66 (lines 6 to 19), omit subsection 314AEB(1), substitute:
(1) A person or entity must provide a return for a financial year in accordance with this section if the person or entity is a third party during the year.
(187) Schedule 1, item 101, page 66 (lines 20 to 22), omit the note and the penalty, substitute:
Civil penalty:
The higher of the following:
(a) 60 penalty units;
(b) if an amount is not disclosed under paragraph (2)(a) and there is sufficient evidence for the court to determine the amount, or an estimate of the amount, not disclosed under that paragraph—3 times that amount.
(188) Schedule 1, item 101, page 66 (line 23) to page 67 (line 7), omit subsection 314AEB(2), substitute:
(2) The third party must provide to the Electoral Commission a return for the financial year:
(a) setting out details of the electoral expenditure incurred by or with the authority of the third party during the financial year; and
(b) including a statement that the third party complied with section 302E (donations to third parties by foreign donors) during the financial year, signed by the members, agents or officers (however described) of the third party who have responsibility for ensuring that the third party complies with this Division.
(189) Schedule 1, item 102, page 67 (line 10), omit "campaigner", substitute "third party".
(190) Schedule 1, item 103, page 67 (lines 12 to 21), omit the item, substitute:
103 At the end of section 314AEB
Add:
(4) Subsection 93(2) of the Regulatory Powers Act does not apply in relation to a contravention of subsection (1) of this section.
(191) Schedule 1, item 104, page 67 (lines 24 and 25), omit "third party campaigners for political expenditure", substitute "third parties forelectoral expenditure".
(192) Schedule 1, item 104, page 67 (lines 29 and 30), omit "third party campaigners", substitute "third parties".
(193) Schedule 1, item 104, page 68 (lines 1 to 4), omit subparagraphs 314AEC(1)(b)(i) and (ii), substitute:
(i) to enable the person or entity to incur electoral expenditure; or
(ii) to reimburse the person or entity for incurring electoral expenditure; and
(194) Schedule 1, item 106, page 69 (after line 13), after section 314A, insert:
314B Relationship with State and Territory laws
Information on amounts provided or received
(1) Despite any State or Territory electoral law, a person or entity is not required to disclose under the law an amount, or information relating to an amount, (including a gift or loan) if:
(a) the amount is provided to or for the benefit of a political entity, political campaigner, third party or associated entity (the gift recipient ); and
(b) the person or entity is:
(i) the gift recipient; or
(ii) the person or entity providing the amount; or
(iii) another person acting on behalf of the person or entity referred to in subparagraph (i) or (ii); and
(c) either:
(i) the amount is required to be used by or with the authority of the gift recipient for the purposes of incurring electoral expenditure, or creating or communicating electoral matter, in accordance with subsection (2); or
(ii) the amount may be used by or with the authority of the gift recipient for the purposes of incurring electoral expenditure, or creating or communicating electoral matter, in accordance with subsection (2), and has not been used for a State or Territory electoral purpose before the end of the period during which the amount is required to be disclosed under the State or Territory electoral law.
Note: If an amount was used for State or Territory electoral purposes during the applicable State or Territory disclosure period, State or Territory electoral laws apply to the amount. A person who does not disclose, under a State or Territory electoral law, an amount used for a State or Territory electoral purpose before the end of that period may be liable to a penalty under the State or Territory electoral law.
(2) An amount is required to be, or may be, used for a purpose of incurring electoral expenditure, or creating or communicating electoral matter, if:
(a) any terms set by the person or entity providing the amount explicitly require or allow the amount to be used for that purpose (whether or not those terms are enforceable); or
(b) the person or entity providing the amount does not set terms relating to the purpose for which the amount can be used.
Information on expenditure and debts
(3) Despite any State or Territory electoral law, a person or entity (the debtor ) is not required to disclose under the law an amount, or information relating to an amount, of expenditure or a debt (except a debt incurred as a result of a loan) if:
(a) the debtor is a political entity, political campaigner, third party or associated entity; and
(b) either of the following apply:
(i) the expenditure is electoral expenditure;
(ii) the debt was incurred for the purposes of incurring electoral expenditure, or creating or communicating electoral matter.
Interpretation
(4) To avoid doubt, despite any State or Territory electoral law, a person is not required to disclose under the law an amount, or information relating to an amount, whether:
(a) the amount or information is required to be included in a return provided under this Part; or
(b) the amount or information is not required to be included in a return provided under this Part.
(5) Despite any State or Territory electoral law, if, under this section, an amount, or information relating to an amount, is not required to be disclosed under the law, then a total amount, or information relating to a total amount, that is required to be disclosed under the law is not required to include the amount.
Amounts made or retained for State or Territory electoral purposes
(6) Without limiting when subsection (1) does not apply, that subsection does not apply in relation to an amount of a gift if:
(a) any terms set by the person or entity providing the amount explicitly require the amount to be used only for a State or Territory electoral purpose (whether or not those terms are enforceable); or
(b) either:
(i) the effect of a State or Territory electoral law is to require the amount to be kept or identified separately (or to require the amount to be kept or identified separately in order to be entitled to a benefit under that law); or
(ii) the gift recipient keeps or identifies the amount separately;
in order to be used only for a State or Territory electoral purpose.
(7) Without limiting paragraph (6)(b), an amount is kept or identified separately in order to be used only for a State or Territory electoral purpose if:
(a) the amount is kept in an account where:
(i) the only amounts deposited into the account are amounts to be used only for a State or Territory electoral purpose; and
(ii) the only amounts paid out of the account are amounts incurred for a State or Territory electoral purpose; or
(b) the amount is designated as an amount that must be used only for a State or Territory electoral purpose.
(195) Schedule 1, item 109, page 70 (lines 5 to 9), omit item 109, substitute:
109 Subsection 316(2A)
Omit "for the purpose of finding out whether a prescribed person, the financial controller of an associated entity or the agent of a registered political party has complied with this Part, by notice served personally or by post on:", substitute:
for the purpose of:
(aaa) finding out whether:
(i) a person to whom section 305B (gifts to political parties and political campaigners) applies or may apply; or
(ii) a prescribed person; or
(iii) the agent of a registered political party, candidate or group; or
(iv) the financial controller of a political campaigner or associated entity; or
(v) a third party;
has complied with this Part, or the Criminal Code to the extent that it relates to this Part; or
(aab) determining whether to give a notice under section 287S or 302H (anti-avoidance);
by noticed served personally or by post on:
(196) Schedule 1, item 110, page 70 (lines 14 and 15), omit "third party campaigner", substitute "third party".
(197) Schedule 1, item 110, page 70 (line 16), omit "third party campaigner", substitute "third party".
(198) Schedule 1, item 111, page 70 (lines 20 and 21), omit "(2A)(a) requires an officer of a political party, political campaigner, third party campaigner", substitute "(2A)(a) or (aa) requires an officer of a political party, political campaigner, third party".
(199) Schedule 1, item 111, page 70 (line 23), omit "campaigner or entity", substitute "political campaigner, third party or associated entity".
(200) Schedule 1, item 111, page 70 (line 25), omit "campaigner or entity", substitute "political campaigner, third party or associated entity".
(201) Schedule 1, item 113, page 71 (line 7), omit "third party campaigner", substitute "third party".
(202) Schedule 1, item 114, page 71 (line 9), omit "campaigner", substitute "political campaigner, third party".
(203) Schedule 1, item 117, page 71 (line 30), omit the penalty, substitute:
Civil penalty:200 penalty units.
(204) Schedule 1, items 121 to 123, page 72 (line 24) to page 73 (line 5), omit the items, substitute:
120A Subsection 319A ( 2 )
Omit "lodged a claim or".
120B Subsection 319A ( 2 )
Omit "the claim or", substitute "the".
121 Subsection 319A(2A)
Repeal the subsection, substitute:
(2A) If the return was furnished by:
(a) the agent of a registered political party; or
(b) the financial controller of a political campaigner or associated entity; or
(c) a third party;
the request under subsection (2) may be made by:
(d) the person who furnished the return; or
(e) the person who is currently registered as the agent or nominated as a financial controller; or
(f) for a third party—any person who is a member, agent or officer (however described) of the third party who, acting in the person's actual or apparent authority, has authority to furnish a return.
122 Subsection 319A ( 4 )
Omit "claim or" (wherever occurring).
123 Subsection 319A ( 9 )
Repeal the subsection, substitute:
(9) The amendment of a return under this section does not affect whether a civil penalty order may be made against a person because of a contravention of a civil penalty provision in this Part arising out of the furnishing of the return.
(205) Schedule 1, item 124, page 73 (line 9), omit "Commission must publish the following", substitute "Commissioner must publish the following on the Transparency Register".
(206) Schedule 1, item 124, page 73 (line 11) (table heading), omit "Commission", substitute "Commissioner".
(207) Schedule 1, item 125, page 74 (line 6), omit paragraph (b) of the definition of relevant amount in subsection 321(1), substitute:
(b) paragraphs 293(2)(b), 294(2)(a) and (b) and 295(2)(a) and (b).
(208) Schedule 1, item 129, page 74 (lines 18 to 20), omit the item, substitute:
129 Subsection 321A ( 2 )
Omit "mentioned in the provision", substitute "mentioned in the definition".
129A Subsection 321A ( 3 )
Repeal the subsection, substitute:
(3) For the purposes of sections 304 and 305A, the dollar amount mentioned in the definition for an indexation year is not replaced if the indexation period begins:
(a) while a person is a candidate or member of a group in an election or by-election; or
(b) during the period specified by legislative instrument under paragraph 305A(1A)(a).
(209) Schedule 1, page 74 (after line 24), after item 130, insert:
130A Section 321B (after paragraph (a) of the definition of disclosure entity )
Insert:
(aa) a political campaigner (within the meaning of Part XX);
(ab) a third party (within the meaning of Part XX);
(210) Schedule 1, item 131, page 74 (line 28), after "person", insert "or entity".
(211) Schedule 1, item 131, page 75 (lines 1 to 7), omit subparagraphs (g)(i) and (ii), substitute:
(i) is or will be required to provide a return under section 305A or 305B for the financial year in which the time occurs; or
(ii) based on conduct in previous financial years, may be required to provide a return under section 305A or 305B for the financial year in which the time occurs;
(212) Schedule 1, item 131, page 75 (lines 8 and 9), omit "political expenditure", substitute "electoral expenditure".
(213) Schedule 1, item 132, page 75 (lines 12 to 15), omit the item, substitute:
132 Section 321B (note at the end of the definition of disclosure entity )
Repeal the note, substitute:
Note: Sections 305A and 305B require returns relating to gifts to candidates, political parties and political campaigners.
(214) Schedule 1, page 75 (after line 15), after item 132, insert:
132A Section 321B (definition of relevant town or city )
Repeal the definition, substitute:
relevant town or city of an entity or natural person (theauthoriser ) that authorised the communication of electoral matter means:
(a) if the authoriser has a principal office—the town or city in which the office is located; or
(b) if the authoriser does not have a principal office, but does have premises from which the authoriser operates—the town or city in which the premises are located; or
(c) otherwise—the town or city in which:
(i) the authoriser lives; or
(ii) if the authoriser is an entity—the natural person who was responsible for giving effect to the authorisation lives.
132B After paragraph 321D ( 3 ) (a)
Insert:
(aa) if the matter forms part of any other promotional item (such as a balloon, pen, mug, tote bag or marquee, but not a sticker or fridge magnet) and contains only the name, logo or other identifying feature of the notifying entity; or
132C At the end of subsection 321D ( 4 )
Add:
; or (i) a letter or card that contains the name and address of the notifying entity.
132D Subsection 321D ( 5 ) (table items 4 and 8)
Omit "the town or city in which the person lives", substitute "the relevant town or city of the person".
(215) Schedule 1, item 138, page 76 (before line 3), before subsection 384A(3), insert:
Commissioner may publish enforceable undertakings
(2A) The Electoral Commissioner may publish on the Transparency Register an undertaking given in relation to a civil penalty provision of this Act.
(216) Schedule 1, page 76 (after line 11), after item 138, insert:
138A Section 387 (heading)
Omit "Electoral matters", substitute "Electoral papers".
(217) Schedule 1, item 139, page 76 (line 16), after "person", insert "or entity".
(218) Schedule 1, item 139, page 76 (lines 17 to 22), omit subparagraphs (c)(i) and (ii), substitute:
(i) is or will be required to provide a return under section 305A or 305B of that Act for the financial year in which the time occurs; or
(ii) based on conduct in previous financial years, may be required to provide a return under section 305A or 305B of that Act for the financial year in which the time occurs;
(219) Schedule 1, item 139, page 76 (lines 23 and 24), omit "political expenditure", substitute "electoral expenditure".
(220) Schedule 1, item 141, page 77 (lines 4 and 5), omit the note, substitute:
Note: Sections 305A and 305B of the Commonwealth Electoral Act 1918 require returns relating to gifts to candidates, political parties and political campaigners.
(221) Schedule 1, item 143, page 77 (line 27) to page 78 (line 23), omit subitems (3) to (6), substitute:
Gifts and loans
(3) Division 3A, and the amendments of Division 4 (except section 305B), of Part XX of the Commonwealth Electoral Act 1918 , as inserted or made by this Part, apply in relation to gifts and loans made after the commencement of this item.
Annual returns
(4) The amendments of section 305B, and Division 5A of Part XX, of the Commonwealth Electoral Act 1918 apply in relation to the financial year in which this item commences and later financial years.
(5) If the commencement of this item occurs on a day other than 1 July, the amendments of section 305B, and Division 5A of Part XX, of the Commonwealth Electoral Act 1918 apply in relation to the financial year in which that commencement occurs as if:
(a) the following obligations applied only from that commencement:
(i) the obligation to disclose gifts to political campaigners under section 305B of that Act;
(ii) the obligation to disclose discretionary benefits under paragraphs 314AB(2)(b) and 314AEA(1)(d) of that Act;
(iii) the obligation in paragraph 314AEA(2)(b) of that Act to confirm compliance with section 302E of that Act; and
(b) a reference in section 314AEB or 314AEC of that Act to electoral expenditure incurred or authorised by a person or entity, for the period beginning on 1 July in that financial year and ending immediately before that commencement, were a reference to expenditure covered by section 314AEB of that Act incurred or authorised by the person or entity during that period.
Note: For the application of the definition of third party in subsection 287(1) of theCommonwealth Electoral Act 1918 , see subitem 13(2) of this Schedule.
(222) Schedule 1, item 143, page 79 (lines 9 to 12), omit subitem (11), substitute:
Requirement to publish determinations, notices and returns
(10A) Section 320 of the Commonwealth Electoral Act 1918 , as inserted by this Part, applies from the time the Transparency Register first becomes available to the public under section 287Q of that Act, in relation to determinations made, notices given or returns provided after the commencement of this item.
(10B) The Electoral Commissioner may include on the Transparency Register any claim or return that was previously kept at the Electoral Commission's principal office in Canberra under section 320 of that Act before the repeal of that section by this Part.
(10C) Despite the repeal of section 320 of that Act, that section continues to apply, after the commencement of this item, in relation to claims or returns previously kept at the Electoral Commission's principal office in Canberra under that section that are not included on the Transparency Register under subitem (10B).
Indexation
(11) Section 321 of the Commonwealth Electoral Act 1918 , as amended by this Part, applies from 1 January 2019.
(12) Section 321A of the Commonwealth Electoral Act 1918 , as amended by this Part, applies from 1 July 2019.
Authorisation of certain electoral matter
(13) The amendments of section 321D of the Commonwealth Electoral Act 1918 made by this Part apply in relation to any communications made after the commencement of this item.
Amnesty
(14) No action, suit or proceeding lies against any person for failing to comply with section 314AEB or 314AEC of the Commonwealth Electoral Act 1918 in relation to any financial year that ends before the commencement of this item.
Note: Section 314AEB dealt with annual returns relating to political expenditure. Section 314AEC dealt with annual returns relating to gifts received for political expenditure.
(4) Schedule 1, item 2, page 3 (lines 11 to 21), to be opposed.
(37) Schedule 1, item 11, page 11 (line 24) to page 12 (line 23), section 287G to be opposed.
(129) Schedule 1, item 33, page 46 (line 11) to page 49 (line 5), Subdivision C to be opposed.
(131) Schedule 1, item 33, page 49 (lines 8 to 32), sections 302M and 302N to be opposed.
(140) Schedule 1, item 40, page 52 (lines 15 to 28), to be opposed.
(159) Schedule 1, items 75 and 76, page 59 (lines 3 to 9), to be opposed.
(180) Schedule 1, item 87, page 62 (line 31) to page 64 (line 11), section 314ABA to be opposed.
Amendment (3), item 1E, at the end of subsection 4AA(5), add:
; or (g) is or would be made for a charitable purpose.
… a gift recipient may identify the electoral process for which a gift is to be used at any time prior to using that gift.
(1) Clause 2, page 2 (table items 2 and 3), omit the table items, substitute:
(2) Schedule 1, page 3 (before line 7), before item 1, insert:
1AA At the end of Part I
Add:
4E Concurrent operation of State and Territory laws
This Act is not intended to exclude or limit the operation of a law of a State or Territory that is capable of operating concurrently with this Act.
(3) Schedule 1, item 4, page 4 (line 12), omit "$13,500", substitute "$1,000".
(4) Schedule 1, items 5 and 6, page 4 (lines 16 to 21), omit the items, substitute:
5 Subsection 287(1) (definition of gift )
Repeal the definition, substitute:
gift means any disposition of property made by a person to another person, being a disposition made without consideration in money or money's worth or with inadequate consideration, and includes:
(a) the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration; and
(b) an annual subscription paid to a political party, to a State branch of a political party or to a division of a State branch of a political party by a person in respect of the person's membership of the party, branch or division; and
(c) a payment in respect of attendance at a fundraiser or similar event held by, or for the benefit of, a political entity;
but does not include:
(d) a payment under Division 3; or
(e) any visit, experience or activity provided for the purposes of a political exchange program.
(9) Schedule 1, page 55 (after line 32), after item 64, insert:
64A After section 305B
Insert:
305C Real ‑time disclosure of gifts
(1) If a person or entity makes a gift to:
(a) a registered political party; or
(b) a State branch of a registered political party;
the person or entity must, in accordance with this section, notify the Electoral Commission of the gift.
Note 1: A contravention of this civil penalty provision may be a continuing contravention (see section 93 of the Regulatory Powers Act).
Note 2: A restricted donor is not permitted to make gifts to political entities. See section 302EA.
Note 3: Persons and entities other than restricted donors are not permitted to make gifts that exceed the disclosure threshold to political entities. See section 302EB.
Civil penalty: 60 penalty units.
(2) For the purposes of subsection (1), a person or entity who makes a gift to any person or body with the intention of benefiting a particular registered political party or a State branch of a registered political party is taken to have made that gift directly to that party or branch.
(3) The notification must be made as soon as practicable after the gift is received.
(4) The notification must set out the following:
(a) the amount or value of the gift;
(b) the date on which it was made;
(c) the name and address of the registered political party or branch.
(5) The notification must be in the approved form.
(6) The Electoral Commission must publish the notification on its website, in a readily accessible format, as soon as practicable after receiving the notification.
The committee divided. [17:47]
(The Temporary Chair—Senator Dean Smith)
(5) Schedule 1, item 7, page 6 (before line 19), before the definition of senior staff , insert:
restricted donor means:
(a) a person or entity that carries on:
(i) a property development business; or
(ii) a mining business; or
(iii) a business manufacturing tobacco products; or
(iv) a business manufacturing alcoholic products; or
(v) a business providing gambling services; or
(vi) a business providing banking services; or
(vii) a business manufacturing pharmaceutical products; or
(viii) a business manufacturing defence products; or
(b) an associate (within the meaning of the Corporations Act 2001 ) of such a person or entity.
(6) Schedule 1, item 33, page 42 (after line 5), after section 302E, insert:
302EA Donations to political entities by restricted donors
(1) A person or entity (the donor ) contravenes this subsection if:
(a) the donor is a restricted donor; and
(b) the donor makes a gift to, or for the benefit of, a political entity.
Note: The physical elements of an offence against subsection (2) are set out in this subsection (see section 302R).
Offence
(2) A person or entity commits an offence if the person or entity contravenes subsection (1).
Penalty: 2 years imprisonment or 800 penalty units.
(3) Section 15 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (2).
Civil penalty
(4) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1).
Civil penalty:
The higher of the following:
(a) 800 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift at the time the gift is made—3 times that amount or value.
(5) Subsection (4) applies:
(a) whether or not the conduct constituting the contravention of subsection (1) occurs in Australia; and
(b) whether or not a result of the conduct constituting the alleged contravention of subsection (1) occurs in Australia.
The committee divided. [18:01]
(The Chair—Senator Lines)
(7) Schedule 1, item 33, page 42 (before line 6), before section 302F, insert:
302EB Donations to political entities by donors other than restricted donors
(1) A person or entity (the donor ) contravenes this subsection if:
(a) the donor is not a restricted donor; and
(b) the donor makes, in a financial year, gifts totalling more than the disclosure threshold to, or for the benefit of, a political entity.
Note: The physical elements of an offence against subsection (2) are set out in this subsection (see section 302R).
Offence
(2) A person or entity commits an offence if the person or entity contravenes subsection (1).
Penalty: 2 years imprisonment or 800 penalty units.
(3) Section 15 of the Criminal Code (extended geographical jurisdiction—category D) applies to an offence against subsection (2).
Civil penalty
(4) A person or entity is liable to a civil penalty if the person or entity contravenes subsection (1).
Civil penalty:
The higher of the following:
(a) 800 penalty units;
(b) if there is sufficient evidence for the court to determine the amount or value, or an estimate of the amount or value, of the gift at the time the gift is made—3 times that amount or value.
(5) Subsection (4) applies:
(a) whether or not the conduct constituting the contravention of subsection (1) occurs in Australia; and
(b) whether or not a result of the conduct constituting the alleged contravention of subsection (1) occurs in Australia.
The committee divided. [18:12]
(The Chair—Senator Lines)
(1) Schedule 1, page 51 (after line 31), after item 35, insert:
35A After section 303
Insert:
303A Live disclosure of gifts
(1) This section applies if a political entity or political campaigner is required under this Division, at any time, to make a disclosure in relation to a gift received by the entity or campaigner, as the case may be.
(2) Within 14 days of receiving the gift, the recipient must:
(a) publish on its website; and
(b) disclose to the Electoral Commission, in the approved form;
the following information:
(c) the amount or value of the gift;
(d) the identity of the person or entity who made the gift.
(1) Schedule 1, page 53 (before line 11), before item 46, insert:
45AA After section 304
Insert:
304A Monthly disclosure of gifts and loans
Gifts
(1) If, in a calendar month, a political entity or a political campaigner receives one or more gifts, the recipient must notify the Electoral Commission, in the approved form, of the total value of those gifts within 10 days of the end of the calendar month.
(2) If, in a calendar month, a political entity or a political campaigner receives a gift whose value exceeds the disclosure threshold, the recipient must notify the Electoral Commission, in the approved form, of the following within 10 days of the end of the calendar month:
(a) the value of the gift;
(b) the name and address of the person who made the gift.
Loans
(3) If, in a calendar month, a political entity or a political campaigner receives one or more loans, the recipient must notify the Electoral Commission, in the approved form, of the total amount of those loans within 10 days of the end of the calendar month.
(4) If, in a calendar month, a political entity or a political campaigner receives a loan the amount of which exceeds the disclosure threshold, the recipient must notify the Electoral Commission, in the approved form, of the following within 10 days of the end of the calendar month:
(a) the amount of the loan;
(b) the name and address of the person who made the loan.
(1) Clause 2, page 2 (at the end of the table), add:
(2) Page 79 (after line 18), at the end of the Bill, add:
Schedule 2—Further amendments
Commonwealth Electoral Act 1918
1 Paragraph 126(2)(d)
Repeal the paragraph.
2 Subsection 133(2)
Repeal the subsection.
3 Part XX (heading)
Repeal the heading, substitute:
Part XX—Election financial disclosure
4 Division 3 of Part XX
Repeal the Division.
Australian Broadcasting Corporation Amendment (Appointment of Directors) Bill 2018
(c) having had experience in connection with the provision of broadcasting services or in communications or management; or
(d) having expertise in financial or technical matters; or
(e) having cultural or other interests relevant to the oversight of a public organisation engaged in the provision of broadcasting services.
While the government is establishing a Nomination Panel for the appointment process, at the end of the day the scope remains for the minister and the Prime Minister to ignore Panel nominations and appoint whoever they like.
They—
hate her.
We are tarred with her brush. I think it’s simple. Get rid of her. We need to save the ABC—not Emma. There is no guarantee they—
will lose the next election.
Labor congratulates Justin Milne on his appointment as the new Chairman of the ABC. Mr Milne is certainly qualified for the role given his extensive experience in, and knowledge of, the media industry.
TRIOLI: …the inquiry found no justification for the view that either the then Prime Minister Malcolm Turnbull or other Government Ministers tried to secure the sacking of those ABC journalists.
ROWLAND: Well we knew that, and we knew that because both the Minister had stated that, and the former Prime Minister had stated that.
TRIOLI: So, so that's dealt with then?
ROWLAND: That is dealt with …
That senators be discharged from and appointed to committees as follows:
Fair Dinkum Power—Select Committee—
Appointed—
Senators Hanson-Young and Storer
Participating members: Senators Di Natale, Faruqi, McKim, Siewert, Steele-John, Waters and Whish-Wilson
Legal and Constitutional Affairs References Committee—
Appointed—
Substitute member: Senator Fierravanti-Wells to replace Senator Molan for the committee's inquiry into discrimination by faith-based educational institutions
Participating member: Senator Molan
The international order in which Australia has operated since the Second World War is being disrupted.
It's offensive that the government believes that … women aren't trying to do what they can to increase the welfare of themselves and their child—
I have reported income in the last 6 months. I'm working at least 20 hours a week yet I'm still being harassed about the program. I don't need it or want it and I don't fit the eligibility so why do I have to do it?
I believe, very sincerely, that any woman entering the public arena must be prepared to work as men work; she must justify herself not as a woman, but as a citizen; she must attack the same problems, and be prepared to shoulder the same burdens.
Fortunately, the experience of DIGI members and the use of their platforms in Australia, to date there is no evidence to suggest that election manipulation has been a widespread problem in Australia as it has been in the U.S.
During the 2016 election, we were not made aware of any activity related to the suppression or interference with the exercise of voting rights in Australia.
… sharing information about the Liberal Governments, State and Federal, their deception, lies and misinformation to the Australian Public.
We focus on developing machine learning tools that identify and act on networks of spammy or automated accounts automatically by tracking account behaviour. This lets us tackle attempts to manipulate conversations on Twitter at scale, across languages, and different time zones.
Moscow will apply lessons learned from its Putin-ordered campaign aimed at the US presidential election to future influence efforts worldwide, including against US allies and their election processes.
I am a 51yo transwoman who was effectively forced into resignation by a Catholic Diocese. This happened in July 2018.
In Dec 2017 I asked for support to stay in my job as I transition. I was placed on paid leave immediately, I was excluded from teaching, and it was announced at my school that I had left, and would never return.
I was repeatedly told that I was contrary to church teaching, yet no detail was ever offered. As far as I know, there is no defensible theology against trans people.
… … …
I was eventually told that I would not be returning to the classroom, and that I would not be welcome in ANY school in the entire Diocese.
I remained a supportive believer, but religious exemptions to anti-discrimination law were used to pressure me into resigning.
… … …
My resignation was accepted, and some payout was made,
What I am now faced with is that I am a 51yo woman with 5 dependents looking for a job that is completely different. It's now November and I haven't even had one interview.
I am now terrified that my savings will disappear and my chance of ever getting gender confirming surgery will disappear as well.
I firmly believe that a religious exemption was used against me when in fact I simply disturbed their conservative sensibilities.