The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 12:00, read prayers and made an acknowledgement of country.
Defence Amendment (Call Out of the Australian Defence Force) Bill 2018
The Senate divided. [12:13]
(The Deputy President—Senator Lines)
The Senate divided. [12:16]
(The Deputy President—Senator Lines)
Peaceful protests, industrial action or civil disobedience would not fall within the definition of 'domestic violence'.
(1) What was the nature of the Governor-General's participation in the national counter-terrorism exercise known as Mercury 04?
(2) Did the Governor-General's participation in the Mercury 04 exercise relate to procedures for calling out of the Australian Defence Force?
The Governor-General participated in exercise Mercury 04 through simulated Executive Council meetings. The purpose of these meetings was for the Governor-General, acting on the advice of senior ministers, to consider applications for call out of the Australian Defence Force in support of state and territory civilian authorities, in accordance with arrangements set out under the National Counter-Terrorism Plan.
That this bill be now read a third time.
The Senate divided. [13:10]
(Acting Deputy President—Senator Leyonhjelm)
Road Vehicle Standards Bill 2018
Road Vehicle Standards (Consequential and Transitional Provisions) Bill 2018
Road Vehicle Standards Charges (Imposition—General) Bill 2018
Road Vehicle Standards Charges (Imposition—Customs) Bill 2018
Road Vehicle Standards Charges (Imposition—Excise) Bill 2018
At the end of the motion, add:
", but the Senate notes that:
(a) the Ministerial Forum on Vehicle Emissions was established in October 2015 to address emissions from motor vehicles;
(b) the Draft Regulation Impact Statement on Vehicle emissions standards for cleaner air released by the Ministerial Forum notes that:
(i) Australia is estimated to have experienced a 68 per cent increase in deaths attributable to air pollution during the period 2005 to 2010, with total of 1,483 deaths in 2010; and
(ii) it is suggested that, in OECD countries, road transport accounts for approximately half of the cost of the health impact of air pollution (including these preventable deaths);
(c) while the Prime Minister insists that we will meet our Paris targets 'in a canter', the transport sector is now responsible for 19 per cent of Australian greenhouse gas emissions and has continued to grow in emissions year on year since 2001;
(d) despite two discussion papers, three draft regulation impact statements, two additional reports and over three years of work, there has been no substantive government action to reduce emissions from motor vehicles; and
(e) the Government has proven itself completely unable to deliver meaningful reductions in vehicle emissions and therefore cannot be trusted to reduce deaths from vehicle pollution or meet our international climate change obligations."
At the end of the motion, add:
", but the Senate:
(a) notes that, as part of its inquiry into Australia's Automotive Manufacturing Industry, the Productivity Commission recommended that the Government should progressively relax the restrictions on the importation of second-hand passenger and light commercial vehicles; and
(b) calls on the Government to relax import restrictions on second-hand cars to allow widespread wholesale importation of late model second-hand vehicles from countries such as Japan."
Deregulating the used import trade has the potential to unlock considerable economic net benefits. The economic analysis shows that the benefits outweigh the costs of deregulating the used import trade by … (up to) $1,943 million in NPV terms.
Whether the biggest impact is to increase the fleet size, to substitute for new car sales or increase the scrappage rate of old cars, the benefits outweigh the costs.
This result holds under all scenarios that we have modelled.
The Senate divided. [13:58]
(The President—Senator Ryan)
At the end of the motion, add:
", but the Senate:
(a) notes that, as part of its inquiry into Australia's Automotive Manufacturing Industry, the Productivity Commission recommended that the Government should progressively relax the restrictions on the importation of second-hand passenger and light commercial vehicles; and
(b) calls on the Government to relax import restrictions on second-hand cars to allow widespread wholesale importation of late model second-hand vehicles from countries such as Japan."
The Senate divided. [14:01]
(The President—Senator Ryan)
The f***ing place is falling apart.
… establish a long-term, stable regulatory framework that will support private-sector investment in generating capacity.
There will be no carbon tax under a government I lead.
… I am not going to play the rule out game.
Great Australian Bight Environment Protection Bill 2016
That the Senate take note of the answers given by the Minister for Finance and the Public Service (Senator Cormann) and the Minister for Foreign Affairs (Senator Payne) to questions without notice asked by Opposition senators today.
That the Senate take note of the answer given by Senator Cormann to a question without notice asked today relating to the Prime Minister.
That leave of absence be granted to Senators Brown, Marshall and Sterle for today, 27 November, for personal reasons.
That there be laid on the table by the Minister representing the Minister for Industry, Science and Technology, by 9.30 am on 29 November 2018: all documents regarding the application, and decision to award, and withdrawal of funding to Gretals Australia Pty Ltd for 'Combating resistance: novel and natural compounds for use in animal health' under the Global Connections Fund Bridging Grants, announced in August 2017.
That so much of standing orders be suspended as would prevent me from moving a motion to provide for the consideration of general business notice of motion No. 1231.
That Senator Di Natale be suspended from the Senate.
The Senate divided. [15:57]
(The President—Senator Ryan)
(1) The Senate notes that:
(a) Menindee Lakes are the water source for irrigators, graziers, riparian land owners and communities in the lower Darling River valley;
(b) Menindee Lakes are culturally imperative to Aboriginal people, including the Barkandji as native title owners;
(c) water levels in Menindee Lakes have a direct financial relationship with property values and businesses in the lower Darling River valley;
(d) Menindee Lakes were at full capacity in 2014 and late 2016;
(e) releases from Menindee Lakes in the 2013-14 and 2016-17 water years by the Murray-Darling Basin Authority have emptied the Lakes twice in 3 years;
(f) environmental water was released from Menindee Lakes in the 2016-17 water year; and
(g) Menindee Lakes are currently at 7% storage capacity.
(2) That there be laid on the table by the Minister representing the Minister for Agriculture and Water Resources, by 30 November 2018, all documents and correspondence, including meeting minutes, relating to:
(a) releases from Menindee Lakes between 1 May 2013 and 28 February 2014; and 1 December 2016 and 31 December 2017; and
(b) environmental watering releases from Menindee Lakes between 1 December 2016 and 31 December 2017.
Australian Cannabis Agency Bill 2018
That the following bill be introduced: A Bill for an Act to establish the Australian Cannabis Agency, and for related purposes. Australian Cannabis Agency Bill 2018 .
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
2RS— Australian Cannabis Agency Bill 2018
The war on drugs is a war on people.
The approach to illicit drug use in this country has been an unmitigated disaster, and it is time our political leaders had some courage and recognised that we need to start treating the issue of drug use as a health issue, not as a law-and-order issue. We need to reform our laws and introduce the right regulatory framework to make that vision a reality.
The current approach to the prohibition of cannabis causes a great deal more harm than it prevents. Around the world we are seeing governments recognise this and start to change their laws on this issue. Recreational cannabis is now legal in some states in the United States, Canada and some South American countries. Only last week Congressman Joe Kennedy said in an opinion piece that the United States should legalise cannabis on a federal level. He was previously a sceptic, but is now advocating for federal legalisation in the United States because recreational cannabis use should be treated as a health issue, not a criminal one. He recognises, as we implore the Australian Government to do with this bill, that a regulated recreational cannabis market is the best way to achieve this.
Nearly seven million Australians, well over a third of Australians, have used cannabis at some point in their life. This drug is being used widely, despite the current illegality of it.
Cannabis has potential harms associated with its use—there is no question of this. It's a drug like many other drugs, be they legal or illegal, and therefore has a range of effects on human physiology. We know that the young developing brain should not be exposed to cannabis, in the same way as it shouldn't be exposed to alcohol.
While cannabis is not a harmless drug; neither is paracetamol. The more interesting question is how harmful it is relative to other substances. There is no doubt in my mind, and in the view of many health professionals, that cannabis is a much safer drug than alcohol, a drug that is currently legal; indeed, many would say our society is awash with alcohol.
You can't overdose when it comes to cannabis. You can overdose when it comes to other drugs. Indeed, you can become very unwell and die from alcohol toxicity. People who consume vast quantities of alcohol can aspirate it, and aspiration is a common cause of death amongst young people. That simply doesn't happen when it comes to cannabis. We know that alcohol has a whole range of other effects on people's livers; it can be a cause of liver failure and liver cancer. We know that that's simply not the case when it comes to cannabis. Alcohol has a whole range of effects on the gastrointestinal system—things that aren't seen with cannabis consumption. The reality is that if we are applying the standard of cannabis being a harmful drug, then, by that same standard, we should make alcohol illegal. We don't, because we accept that the use of alcohol also comes with a range of benefits to the community. People continue to use it; they do it because they enjoy it, and they'll continue to do it regardless of what policymakers suggest.
But, beyond the relative harm of cannabis compared to alcohol, the more important question is: what are the harms happening right now under our current system? We know those harms are significant. We know that many people are exposed to drugs of unknown quality and purity. They are being driven to purchase their drugs through a network of criminal dealers. And what we see is a current system that props up criminality and that redirects resources away from where they're needed, to prosecute these laws which are having no effect deterring people from using the drug. They divert a huge amount of taxpayer money into areas that aren't working, when we could be investing in a whole range of areas that we know do work.
Let's be very clear about what we need to do when it comes to cannabis. We need to ensure that our laws reduce harm and reflect the fact that cannabis is actually less harmful than some currently available, and legal, drugs.
The bill that I am introducing today, the Australian Cannabis Agency Bill 2018 creates a regulated legal market for cannabis, with a new federal government agency—the Australian Cannabis Agency—as the sole buyer and wholesaler of recreational cannabis. This will be achieved through the Agency issuing licences for the production of cannabis and the sale of cannabis.
Any Australian will be eligible to apply for a production licence, and the Agency will grant these licences subject to conditions set by the Agency in conjunction with the board. These conditions will include: that the licence holder cannot distribute recreational cannabis other than by selling it to the Agency; and that the licence holder must permit the Agency to inspect the premises at which cannabis is being produced.
Similarly, any Australian will be eligible to apply for a distribution licence. These licences will have a number of more specific conditions on them. These conditions will mean that recreational cannabis can: only be sold to people over 18 years of age, and only that which is sold by the Agency. This cannabis will be sold in plain packaging with any warnings determined by the Agency at the time of distribution. People who are licensed to distribute it will be trained in mental health first aid and the responsible distribution of it. Finally, all licences will be granted with the condition that the premises at which cannabis is sold could be, at any time, inspected by the Agency.
In effect, this will mean that- rather than being purchased through a criminal dealer, who has no interest in the welfare of the user, cannabis would be regulated in the same way that tobacco is.
The training that the bill requires people who sell cannabis to have will help ensure that anybody identified as having a problem with cannabis use is redirected into treatment.
In our plan there would be no advertising or sponsorship for cannabis. We don't want to make the same mistakes that were made in the alcohol industry. We'd be promoting small-scale production and ensuring that people are getting access to a regulated product.
The Agency will be governed by a Board which will have members from every State and Territory Government and experts from the areas of harm reduction, clinical expertise, mental health, user advocates and law enforcement.
The Agency will be required to carry out a program of monitoring and a review of the scheme after the first two years of its establishment. The bill requires that this review is provided to the Minister, and that the Minister must respond in writing within six months of the review. Both the review and the response must be tabled in both houses of Parliament. This public accountability will ensure that there is ongoing public scrutiny of the scheme and how it is operating.
This bill will support Australians to grow cannabis at home for personal use. Some states and territories already allow this to happen, but under this bill it will start to be harmonised so that people can grow up to seven plants in their backyard, providing it's for their own personal use. Those people wouldn't be able to sell what they have grown, because we want to ensure we have a regulated market in the same way as we have for other markets, but those people would be free to grow and produce their own product.
Our plan would impose strict penalties on the sale of unlicenced or black market cannabis. If people are going to access a regulated product of known quality and purity from a known grower, we have to ensure the market has clear regulations associated with it.
Importantly, the bill provides exceptions for the production and distribution of medicinal cannabis and applies only to recreational cannabis. The Australian Greens are supportive of medicinal cannabis being regulated in a separate way, and are continuing our efforts to ensure that all Australians have equitable access to cannabis to help their medical conditions. We will continue working to ensure that these pathways are simple and affordable.
This bill is limited by a number of Constitutional requirements, which—when it is passed—we will seek to overcome. The bill applies only in the Australian Capital Territory and the Northern Territory. However, the scheme could apply nationally if all states were to refer their powers to regulate cannabis under paragraph 51 (xxxvii) of the Constitution. When this bill passes, we will work with our colleagues in state governments to have them sign up to the scheme. This will ensure that we have a consistent national scheme, which will reduce confusion and ensure that people are not able to access regulated cannabis in one state, but only able to access it via the black market in another.
Similarly, the Constitution provides that a law imposing taxation must not originate in the Senate and section 55 provides that a law imposing taxation must deal only with the imposition of taxation. When this bill passes, we will work with our colleagues in the other place to ensure that over time all elements of the scheme we propose will be legislated and implemented.
After this is passed, we will also work to reduce some of the existing criminal penalties associated with the use of cannabis. However, it is important to have a regulated scheme in place before that happens—to ensure drug dealers don't simply get a free pass with reduced penalties prior to having a well thought through, regulated scheme in place.
That the Senate—
(a) notes that:
(i) National Agriculture Day (AgDay) was celebrated on 21 November 2018,
(ii) the theme of the day was #GrowforGood which highlights the positive contribution that farming and the agribusiness sector makes to Australia, putting food on our tables and clothing our families,
(iii) Australian farm production is forecast to be $60 billion for this financial year, with an aspiration for the farm sector to be a $100 billion industry by 2030, and
(iv) the food and fibre sector is the largest employer in most Australian rural and regional communities; and
That the time for the presentation of the report of the Select Committee into the Obesity Epidemic in Australia be extended to 4 December 2018.
That the Senate—
(a) notes that:
(i) since the last Senate sitting period, there have been 3 women killed by violence in Australia, bringing the total of women killed by violence to 63 in 2018, as reported by Counting Dead Women Australia from Destroy The Joint,
(ii) on average, one woman a week is murdered by her current or former partner,
(iii) 1 in 3 Australian women have experienced physical violence since the age of 15,
(iv) 1 in 5 Australian women has experienced sexual violence,
(v) 1 in 6 Australian women has experienced physical or sexual violence by a current or former partner,
(vi) 1 in 4 Australian women has experienced emotional abuse by a current or former partner,
(vii) Australian women are nearly three times more likely than men to experience violence from an intimate partner,
(viii) there is growing evidence that women with disabilities are more likely to experience violence,
(ix) Aboriginal and Torres Strait Islander women report experiencing violence in the previous 12 months at 3.1 times the rate of non-Indigenous women, and
(x) in 2014-15, Indigenous women were 32 times as likely to be hospitalised due to family violence as non-Indigenous women; and
(b) calls on the Federal Government to:
(i) recognise domestic violence against women as a national security crisis,
(ii) adequately fund frontline domestic violence and crisis housing services to ensure that all women seeking safety can access these services when and where they need them,
(iii) legislate for 10 days paid domestic violence leave so that women do not have to choose between paying the bills and seeking safety, and
(iv) implement all 25 recommendations of the report of the Finance and Public Administration References Committee into domestic violence in Australia, tabled on 20 August 2015.
That the Senate—
(a) notes that:
(i) according to research published by the Australian Centre for Gambling Studies in 2015, it was estimated that 574,000 Australian adults regularly wagered on sports,
(ii) 41% of all regular sports bettors – 234,000 adults – experienced one or more gambling problems in 2015,
(iii) in a typical month, 46 cents in every dollar spent on sports betting by regular sports bettors came from a person with moderate to severe gambling problems who continue to gamble despite the dire impact it may have on their lives,
(iv) Australians lose a combined $4.3 billion betting on sports and racing each year,
(v) online wagering is the fastest-growing form of gambling, with 15% growth each year,
(vi) the current patchwork approach to online sports betting regulation is failing consumers and requires a strong national approach, and
(vii) the United Kingdom Gambling Commission, in 2018, introduced a Social Responsibility Code as part of its licensing regime, which includes provisions to combat problem gambling – many of the same licensees are licensed in Australia, and Financial Counselling Australia is calling for the same provisions to be introduced in Australia; and
(b) calls on the Federal Government to:
(i) introduce legislation to implement an Online Gambling Consumer Protection Framework, as a matter of urgency,
(ii) introduce legislation to establish a National Self-Exclusion register, as a matter of urgency,
(iii) within the Interactive Gambling Act 2001 , include a positive duty on online gambling industry providers to ensure their services are provided responsibly, by way of a Social Responsibility Code akin to the United Kingdom provisions, and
(iv) appoint a National Online Wagering Regulator.
That the Senate—
(a) notes that:
(i) the Schooling Resource Standard (SRS) is an estimate of how much total public funding a school needs to meet the educational needs of its students, as recommended by the 2011 Gonski Review of Funding for Schooling, and
(ii) under current policy settings, 87% of public schools will still be underfunded in 2023; and
(b) calls on all parties to commit to 100% SRS funding for public schools.
Postponed general business notice of motion no. 1238 standing in her name for today, proposing an order for the production of documents by the Minister representing the Minister for Agriculture and Water Resources, till the next day of sitting.
That so much of the standing orders be suspended as would prevent Senator Waters moving a motion to provide for the consideration of motion No. 1240.
Extreme heatwave conditions are affecting far north Queensland this week—from Cooktown and Cairns to Townsville, Mackay and Rockhampton. Maximum temperatures today have been well above average, with records already broken …
That the Senate—
(a) notes that:
(i) 58% of Queensland is drought declared,
(ii) the Adani Carmichael mine has applied to extract 12.5 billion litres of water from the Suttor River every year, nearly as much as all other local users combined,
(iii) the China Stone coal mine, which is now one step closer to approval, is expected to extract another 12.5 billion litres of water, from the very same river system,
(iv) the Queensland Government has granted the Adani Carmichael mine an unlimited groundwater extraction licence for 60 years,
(v) it is expected that the China Stone mine will draw a similar volume of groundwater as the Adani Carmichael mine,
(vi) polling conducted by ReachTel shows voters are concerned about water extraction by Adani, and 70% agreed the groundwater extraction licence should be revoked to safeguard water for farmers, and
(vii) the Queensland Coordinator General has asked for MacMines' China Stone mine to provide extra revised groundwater impact assessment, as well as an associated water licence before the mine could be approved; and
(b) calls on the Minister for the Environment to require MacMines Austasia to conduct a cumulative water environmental assessment for coal mines in the Galilee Basin before any decision is made whether to approve the China Stone coal mine project.
The Senate divided. [16:51]
(The President—Senator Ryan)
That the Senate—
(a) notes the importance of the tourism industry to the Queensland economy, the key role that the North Queensland region plays in attracting tourists to the Sunshine State, and recognises the Liberal National Coalition Government's $5 million tourism funding package to support areas adversely affected by Tropical Cyclone Debbie;
(b) notes with sympathy the tragic shark attack in North Queensland that took place on 5 November 2018, the third in the region since September;
(c) condemns the Queensland Labor Government's bureaucratic indecisiveness that has resulted in yet another review but no real action, thus continuing to prioritise the lives of sharks over humans; and
(d) calls on the Queensland Labor Government to immediately consider any and all means, including options such as drum lines, nets or a shark cull, so as to protect both human lives and the reputation of Queensland—and its beaches—as a safe tourist destination for families.
The Senate divided. [16:59]
(The President—Senator Ryan)
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 Steele-John today relating to the School Strike 4 Climate Action.
That the motion be put.
That the Senate—
(a) notes that:
(i) this Friday, 30 November 2018, students from the movement 'School Strike 4 Climate Action' will hold a national school strike, and
(ii) young people will live with the effects of climate change for the longest time and that, therefore, their voices and their concerns must be heard in the debate;
(b) commends all students across Australia for their commitment to action on climate change; and
(c) calls on the Federal Government to put in place a national climate and energy policy.
The Senate divided. [17:11]
(The President—Senator Ryan)
That general business notice of motion No. 1243, standing in the name of Senator Siewert, relating to the Jacaranda Community Centre, be postponed till the next day of sitting.
That the Senate—
(a) notes with concern that the socialist-left Queensland Government has passed a bill to legalise late-term abortion, allowing for termination long after a developing child would be able to be born and live to adulthood; and
(b) condemns the Queensland Government for its new abortion laws, and calls on the Liberal-National Party Opposition to commit to repeal them when elected to office.
(1) Any person who, when a female is about to be delivered of a child, prevents the child from being born alive by any act or omission of such a nature that, if the child had been born alive and had then died, the person would be deemed to have unlawfully killed the child, is guilty of a crime, and is liable to imprisonment for life.
(2) Any person who unlawfully assaults a female pregnant with a child and destroys the life of, or does grievous bodily harm to, or transmits a serious disease to, the child before its birth, commits a crime.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The increasing attacks on Australia's traditional freedoms.
This committee has not been established to undertake an examination of the substantial issues raised by this question in good faith. It has been hurried in a way that exposes its true purpose: to provide a platform for some Labor and Greens Senators to project their pre-determined views onto a larger stage, for their own political advantage. Those involved should be condemned for doing so.
The committee recommends that consideration be given to inserting in law a positive affirmation and protection of religious freedom in Australia that is appropriately balanced with other rights.
We hear a lot about 'minorities' in politics, but the smallest minority in any society is the individual. One Nation is committed to defending the rights of the individual. We believe in judging people by their personal character and work ethic, by their contribution to Australia and Australian values. We believe in talking honestly about these issues, free from the suffocating PC-censorship of the identity-Left.
One Nation strongly opposes the Left's attack on personal freedom, its attempt to control society by controlling our language, feelings and behaviour.
Reforming human rights law … requires a fundamental rethink of human rights law at State and Federal level. New policies are needed to bring Australians together and restore fairness to our public and civic life.
That the Senate take note of the report.
That the Senate take note of the report.
Australian Government response to the Senate Standing Committee on Rural and Regional Affairs and Transport report:
Regulatory requirements that impact on the safe use of Remotely Piloted Aircraft Systems, Unmanned Aerial Systems and associated systems.
Executive Summary
Like elsewhere in the world, Australia has experienced rapid growth in commercial and recreational Remotely Piloted Aircraft Systems (RPAS) use in recent years. The potential of RPAS to change the way in which Australians approach everyday tasks is significant, as they can reduce the cost and risk associated with hazardous, difficult or time-consuming work. There has already been a significant uptake in industries such as the media, emergency services, agriculture, mining and scientific research.
The Government recognises the importance of regulating the RPAS industry to ensure the safety of the public, RPAS pilots and other airspace users. However, this regulatory approach must be proportionate to risk and encourage growth in the sector now and into the future. If regulated appropriately, the emerging RPAS sector will contribute significant productivity and efficiency gains to the Australian economy.
On 31 July 2018, the Senate Rural and Regional Affairs and Transport References Committee (the Committee) tabled the Report into the Current and future regulatory requirements that impact on the safe commercial and recreational use of RPAS, Unmanned Aerial Systems and associated systems (the Report).
The Government notes Recommendations 1, 3 and 5, and will review its position on these matters as RPAS technologies advance.
The Government agrees with Recommendations 2 and 10, and has identified measures by which the recommendations can be put into action.
The Government agrees in principle with Recommendations 4, 6, 8 and 9, and will progress work relating to these recommendations as identified.
The Government does not agree with Recommendation 7, specifically the need to develop import controls for Remotely Piloted Aircraft Systems.
The Civil Aviation Safety Authority (CASA) is responsible for implementing Recommendations 1, 2, 3, 5, 6 and 10.
Airservices Australia (Airservices) is responsible for working with CASA, the Australian Transport Safety Bureau (ATSB) and the Bureau of Infrastructure, Transport and Regional Economics (BITRE) to implement Recommendation 9.
The Department of Home Affairs is responsible for Recommendation 7.
The Australian Federal Police, in concert with CASA, is responsible for Recommendation 4.
The Department of Infrastructure, Regional Development and Cities is responsible for Recommendation 8 relating to the whole of government policy coordination mechanisms.
The Attorney-General's Department (AGD) and the Department of Infrastructure, Regional Development and Cities are responsible for the privacy related aspects of Recommendation 8.
Recommendation 1
The committee recommends that the Civil Aviation Safety Authority draw on the growing body of international empirical research and collision testing on remotely piloted aircraft systems below 2kg to immediately reform Part 101 of the Civil Aviation Safety Regulations 1998.
The Government notes this recommendation.
CASA continues to draw on international research to develop and refine the regulations relating to RPAS.
At this stage, the Government does not consider that the current international research supports the need for an immediate redraft of the Civil Aviation Safety Regulations Part 101 relating to RPAS below 2kg. The introduction of CASA's legislative instrument ( Direction — operation of certain unmanned aircraft) in October 2017 has already provided stronger, clearer and tightened safety rules for recreational RPAS users. The new rules include a requirement that operators must not fly their RPAS over or near areas affecting public safety or where emergency operations are underway, and not within 5.5 kilometres of a controlled aerodrome.
All RPAS users, unless approved otherwise, must adhere to the prescribed standard operating conditions, including not flying above 400 feet, not flying within 30 metres of people and operating within line of sight to the RPAS. For those operating in the 'excluded category' (commercial operations under 2kgs), they must notify CASA five days before they fly and operate within the rules applicable to the excluded category.
The Government notes that despite the proliferation of RPAS, the ATSB have no confirmed reports of a collision between RPAS and conventionally piloted aircraft in Australia.
The Government supports CASA's continued monitoring of RPAS operations below 2kg, set to be bolstered by the Government's RPAS policy and data frameworks to be established in response to Recommendations 8 and 9 (refer). CASA will continue to follow international developments in RPAS regulatory frameworks and will amend Part 101 if appropriate.
Recommendation 2
The committee recommends that the Australian Government introduce a mandatory registration regime for all remotely piloted aircraft systems (RPAS) weighing more than 250 grams. As part of registration requirements, RPAS operators should be required to successfully complete a basic competence test regarding the safe use of RPAS, and demonstrate an understanding of the penalties for non-compliance with the rules.
The Government agrees with this recommendation.
This recommendation is consistent with the views reflected in the CASA's Review of aviation safety regulation of remotely piloted aircraft systems (CASA's Review), published May 2018.
The Government supports the implementation of an appropriate mandatory testing regime as part of the registration process, under which recreational and other drone users in the excluded category must successfully demonstrate an understanding of the safe and lawful use of RPAS.
CASA has begun to develop options for an effective and efficient registration scheme. The scope and form of that scheme will have regard to the Committee's concern that any such scheme should be both cost-effective and sustainable.
Recommendation 3
The committee recommends that the Australian Government develop a tiered education program whereby remotely piloted aircraft system (RPAS) users progressively unlock RPAS capabilities upon completion of each level of training. Three tiers are proposed as follows:
The Government notes this recommendation.
The Government supports a broader education scheme and mandatory registration and CASA, as the aviation safety education provider, will progress implementation.
CASA is developing an appropriate education package for the safe use of RPAS across the usage tiers. In developing an education program, the Government would involve appropriate law enforcement agencies, to ensure that knowledge of compliance requirements is not limited to safety issues alone, but also includes threats to national security.
CASA will work carefully to ensure that any changes to RPAS education do not impose unnecessary requirements that discourage participation from RPAS users and manufacturers, are cost effective and sustainable.
The full implementation of this recommendation would require technological capabilities to be implemented by all RPAS manufacturers. While the technology to limit or restrict operations is advancing, linking this to completion of training is currently not feasible given the breadth of sources from which RPAS can be acquired.
Recommendation 4
The committee recommends that the Civil Aviation Safety Authority, in cooperation with the Australian Federal Police and other relevant authorities, prohibit the use of remotely piloted aircraft systems in the airspace above significant public buildings, critical infrastructure and other vulnerable areas.
The Government agrees in principle with this recommendation.
CASA will continue to work with the Australian Federal Police (AFP), state and territory law enforcement authorities and other agencies of federal, state and territory governments to develop advanced processes to limit and restrict the operation of drones in certain locations. The Government expects security agencies to continue to assess the threat concerning significant public buildings, critical infrastructure and other vulnerable areas and advise on any necessary restrictions utilising CASA's existing regulatory powers.
Mechanisms are already in place for an appropriate security agency to request CASA's Office of Airspace Regulation to designate certain airspace as prohibited, restricted or danger areas. However, each category of designation requires CASA to be satisfied of particular criteria and would be difficult to limit to RPAS without inadvertently affecting other airspace users.
There are other options available to restrict the use of RPAS in certain areas that may be more feasible. These include increased enforcement of the RPAS regulations, or states and territories could use the capability in their own legislation to enact restrictions and further consideration of utilising geo-fencing once that technology has advanced.
Recommendation 5
The committee recommends that the Department of Infrastructure, Regional Development and Cities, in cooperation with the Civil Aviation Safety Authority, work with manufacturers of remotely piloted aircraft systems (RPAS) to develop future solutions to RPAS safety, including the implementation of technical restrictions on altitude and distance for ' off-the-shelf ' RPAS.
The Government notes this recommendation.
CASA will continue to support manufacturer's efforts to utilise geo-fencing technology to prevent RPAS operations in areas where operations are not permitted, including at or near major airports and certain classes of restricted airspace.
CASA will continue to participate in relevant international forums to stay abreast of global trends and participate in trials of new technology, where feasible.
There are a multitude of RPAS manufacturers, predominantly based overseas, and hence achieving consistent technical restrictions would likely be unfeasible.
Recommendation 6
The committee recommends that the Department of Infrastructure, Regional Development and Cities, in cooperation with the Civil Aviation Safety Authority, develop appropriate airworthiness standards for remotely piloted aircraft of all sizes and operations. At a minimum, fail-safe functions such as ' return to home ' and safe landing functionality, and forced flight termination, should be mandated.
The Government agrees in principle with this recommendation.
While CASA sets aviation airworthiness standards, including those applicable to RPAS in Australia, it does not establish airworthiness standards for foreign aircraft. Instead, Australia holds technical arrangements reciprocating airworthiness certifications with certain international civil aviation safety regulators, which could be explored as a future option for RPAS airworthiness.
CASA is currently developing a long term strategy for safe RPAS operations in Australia, including the examination of airspace integration, risk and safety management, unmanned traffic management, operations near and to/from aerodromes and initial and continuing airworthiness and certification standards. This work will also assist in informing the work of the future whole of government RPAS policy, as outlined in the response to Recommendation 8.
CASAis actively engaged with the International Civil Aviation Organization body, the Joint Authorities for Rulemaking on Unmanned Systems, to develop an appropriate international airworthiness standard framework for RPAS.
The Government notes that adopting appropriate airworthiness standards is a long-term matter to allow for appropriate consideration for integration into Australian airspace.
Recommendation 7
The committee recommends that the Australian Government develop import controls to enforce airworthiness standards for foreign manufactured remotely piloted aircraft systems.
The Government does not agree with this recommendation.
An import control to enforce airworthiness standards for foreign manufactured remotely piloted aircraft systems would be difficult to establish and impractical to enforce. The Australian Border Force does not have the technical capability or the capacity to test, assess or determine airworthiness standards of foreign manufactured remotely piloted aircraft systems at the border. This recommendation, if adopted, would have a significant impact on the ABF's resources and ability to enforce other border controls, including the detection and interception of illicit firearms, weapons and drugs.
The Government, instead, supports CASA's participation in the Joint Authorities for Rulemaking on Unmanned Systems, to develop appropriate international airworthiness standards for all RPAS.
Recommendation 8
The committee recommends that the Department of Infrastructure, Regional Development and Cities, in collaboration with the Civil Aviation Safety Authority, develop a whole of government policy for remotely piloted aircraft safety in Australia, and establish appropriate coordination and implementation mechanisms with relevant departments and agencies to implement the policy.
As part of a whole of government policy approach, the committee further recommends that the Australian Government explore cost-effective models to develop and administer new regulatory initiatives for remotely piloted aircraft systems, including a mandatory registration regime and tiered education program. The harmonisation of state and territory privacy laws should also be considered.
The Government agreesin principle with this recommendation.
In March 2018, the Department of Infrastructure, Regional Development and Cities (DIRDC) established the RPAS Network to coordinate policy work on RPAS. As at October 2018, the RPAS Network comprised of representatives from fifteen Portfolios with varied interests in RPAS. In some instances, these members also represent the many agencies within their own Portfolios who engage with RPAS technology either directly or from a policy perspective.
DIRDC will continue to work closely with CASA and other relevant departments and agencies on a coordinated whole of government approach to ensure the appropriate operation of RPAS in Australia.
The Civil Aviation Safety Authority is responsible for determining funding arrangements for the RPAS safety regulatory framework and is currently considering new initiatives. With regards to a mandatory registration system and a tiered education program, refer respectively to the Government response to Recommendations 2 and 3.
The Government notes the Committee's recommendation that the harmonisation of state and territory privacy laws should be considered. State and territory privacy laws are a matter for state and territory Governments. The Government, via the Attorney-General's Department and the Department of Infrastructure, Regional Development and Cities, will engage with state and territory governments to consider national harmonisation of privacy laws as they apply to RPAS operators.
Recommendation 9
The committee recommends that, as part of a whole of government approach to remotely piloted aircraft systems (RPAS) safety, the Civil Aviation Safety Authority work with Airservices Australia and other relevant agencies to implement a comprehensive research and data gathering regime. Information should be collated and centralised in a way that allows for the examination of RPAS registrations, operations, trends and incidents, to provide an evidence base on which to assess the efficacy of current regulations, and to inform the development of future policy and regulations.
The Government agreesin principle with this recommendation.
Airservices collaborates with industry to collect data of sightings of authorised and unauthorised RPAS. This information is shared with CASA and the ATSB enabling further analysis of the evolving operations of RPAS. Airservices also periodically examines this data to determine a risk picture for the organisation.
Airservices is in discussions with several providers who have RPAS detection solutions. These products may provide real-time statistical activity information in and around airports, supplementing Airservices current reporting capabilities. Airservices intends to conduct a trial with a provider during the 2018-19 financial year, with an aim to gather data and develop knowledge on how this technology might be integrated and to better understand the current limitations of the technology. The outcomes of the trial are expected to align with the intent of Recommendation 9 while providing Airservices with a better understanding of current capabilities.
It is also useful to note that for manned aviation undertaken in Australian registered aircraft, BITRE currently compiles statistics on the hours flown by aircraft and the associated number of landings, classified by the type of activity being undertaken, the type of aircraft being flown and the state or territory where the aircraft are based.
BITRE will now undertake a similar arrangement to compile statistics for RPAS, noting however that a complete list of all RPAS owners or operators would need to exist in order to identify participants in any future survey. For this reason, the implementation of Recommendation 2 (mandatory registration of RPAS) is an important prerequisite before BITRE can undertake this work.
Recommendation 10
The committee recommends that, following the development of a whole of government policy approach to RPAS safety, including the establishment of a national registration system, the Civil Aviation Safety Authority (CASA) work with state and territory enforcement bodies to implement a nationally consistent enforcement regime for remotely piloted aircraft systems. Under this regime, enforcement bodies would be delegated powers to provide on-the-spot fines and report infringements of the regulations directly to CASA.
The Government agrees with this recommendation.
CASA continues to engage regularly and constructively with federal, state and territory law enforcement authorities, with a view to enhancing the enforcement of rules governing the safe and lawful use of drones.
In the development of the whole of Government policy on drones, the Government will consider and address the most appropriate regulatory regime for RPAS noting the need for greater responsiveness to drone issues and the management of state and territory based issues, including privacy, environmental concerns and public safety.
Aged Care Quality and Safety Commission Bill 2018
Road Vehicle Standards Bill 2018
Road Vehicle Standards (Consequential and Transitional Provisions) Bill 2018
Road Vehicle Standards Charges (Imposition—General) Bill 2018
Road Vehicle Standards Charges (Imposition—Customs) Bill 2018
Road Vehicle Standards Charges (Imposition—Excise) Bill 2018
That these bills be now read a third time.
Migration Amendment (Family Violence and Other Measures) Bill 2016
Such measures could lead to claims that the Australian Government is arbitrarily interfering with families, in breach of its international obligations. It could also lead to claims that the Australian government is interfering with relationships between Australian and their overseas partners in a way it would not interfere in a relationship between two Australians.
… because of concerns about Australia's international obligations, as well as procedural fairness and privacy, sponsorship requirements should not be altered.
We acknowledge that the provisions are intended to prevent people from entering into relationships where there is a risk of family violence. However, we submit that such decisions ought to be made by the individuals themselves, rather than by the government.
There is no equivalent law that requires partners who are either citizens or permanent residents to have their partner's criminal and personal history assessed before they are granted the right to live together.
While the proposed five-year visa is described as temporary, it is also renewable, so parents could end up living out the rest of their lives in Australia on a series of temporary visas. They would be, for all intents and purposes, permanent residents, without any of the rights of permanent status, remaining outside the welfare safety net and wholly reliant on family for care and assistance. They would be living in a democracy but denied political representation and the right to vote.
FECCA believes that a pathway to permanent residence is crucial in the implementation of the temporary sponsored parent visa. Without this pathway, individuals may find themselves in an ongoing 'limbo' of temporary visas without certainty about their future …
The Senate divided. [19:06]
(The Acting Deputy President—Senator O'Sullivan)
(1) Clause 2, page 2 (table item 2), omit the table item, substitute:
(2) Schedule 1, item 39, page 8 (before line 13), before paragraph 140HA(2A) (a), insert:
(aa) paying prescribed medical, hospital, aged care or other health‑related expenses incurred by a visa holder or a former visa holder;
(3) Schedule 1, item 41, page 8 (lines 27 and 28), to be opposed.
(4) Schedule 1, item 58, page 10 (lines 10 and 11), to be opposed.
These debt recovery functions are currently only intended to apply to sponsors of parent visa holders and are unlikely to be extended to sponsors of partner or child visa holders.
The committee divided. [19:18]
(The Chair—Senator Lines)
The whole situation made my mental illness worse than it has ever been before, and pretty much killed my chance of ever really working from how much it has heavily worsened agoraphobia with panic disorder. The system is corrupt.
The system is completely broken and nobody has a clue what they're doing: This morning I was sent a message that I was suspended as I did not hand in my job search paperwork … I have not dealt with anyone on a one-to-one basis and have just been dealing with the receptionists manning the front desk … bad luck if I needed to speak with somebody privately. They've offered no funds for training and done absolutely nothing … The whole system is a complete joke.
When I was with Max [Employment] in my late 40s they tried to tell me how to do a resume. Hello! I've been updating it for the last 30 plus years. They also sent me on a week-long course to help me work out the right kind of work for me which lo' and behold was exactly the kind of work I have over 3 decades of experience in. They then tried to force me to go to a job interview which was a work from home call center type role and when I said I couldn't do those hours as after school care closes at 6 they told me to lie and tell them that I was available and to just not answer any calls while I made the mad dash to pick up my son.
I had a phone appointment … on Friday at 11.15 am. I asked her previously if I was to call her or if she would call me. She claimed I would call her, which I did at exactly 11.15. She wasn't available and I left a message. I now find that my payment has been suspended for not attending the appointment! … I am 57 years old. I am trying to get on my feet by working for myself and using my skills as a potter to get off centrelink payments … I do everything that is required of me and I do not deserve to be treated like this. No one does.
… an extended, in-depth, collaborative project known as the PYP exhibition.
… the heli-use required to facilitate up to 30 guiding packages per year is in the vicinity of 60-120 return heli-trips.
The proponent does not address the fundamental concern that the proposal is for a development with several buildings, not a 'standing camp' …
… without adequate consideration, precedents will be set that will degrade the World Heritage Values of the TWWHA.
NPWAC does not support this project progressing at this time and reiterates that contentious projects such as this should not be considered until there is an agreed framework to guide assessment.