The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
It is far better that positive attention is attracted by our words and contributions to debate. On several occasions in recent times, this has not been the case.
Migration Amendment (Family Violence and Other Measures) Bill 2016
That this bill be now read a third time.
Aboriginal and Torres Strait Islander Amendment (Indigenous Land Corporation) Bill 2018
That this bill be now read a third time.
Aboriginal and Torres Strait Islander Land and Sea Future Fund Bill 2018
Aboriginal and Torres Strait Islander Land and Sea Future Fund (Consequential Amendments) Bill 2018
There needs to be certainty that reports will be available at regular intervals that illustrate the performance of the ATSILSFF, rather than reliance placed on the Minister for Finance to request such reports.
That these bills be now read a third time.
Copyright Amendment (Online Infringement) Bill 2018
Recommendation 1
2.48 The committee recommends that the government review the effectiveness of the measures contained in the bill two years after its enactment.
Recommendation 2
2.49 The committee recommends that the Senate pass the bill.
The legal framework of copyright is necessary to ensure the income generated by arts, culture and heritage is fairly distributed between the creators and the institutions and entrepreneurs who make it available. A successful copyright framework will support the education, arts, culture, and heritage of Australia by:
(a) the flagrancy of the infringement, or the flagrancy of the facilitation of the infringement …
… … …
(c) whether the owner or operator of the online location demonstrates a disregard for copyright generally;
(d) whether access to the online location has been disabled by orders from any court of another country or territory on the ground of or related to copyright infringement;
(e) whether disabling access to the online location is a proportionate response in the circumstances;
(f) the impact on any person, or class of persons, likely to be affected by the grant of the injunction;
(g) whether it is in the public interest to disable access to the online location;
… … …
(k) any other relevant matter.
That this bill be now read a third time.
Modern Slavery Bill 2018
Three years since the UK Act's enactment, only approximately half of the 9,000-11,000 organisations that the UK Government estimates are required to report, have produced a 'slavery and human trafficking statement'.
In order to make any difference to the lives of workers in Australia and abroad, the Modern Slavery Act must act as a serious motivator for companies to start acting upon the values expressed in their statements and guidelines and provide an effective deterrent for those who fall short of their obligations.
Ordinarily it is not the role of business to inquire into the private lives of its employees, contractors or suppliers (or employees of its contractors) in order to identify practices such as forced marriage. If we liken the practice of forced marriage to that of family violence, corporate responsibility lies with supporting the wellbeing of individuals impacted by violence, not in identification and reporting on violence.
… the issue of modern slavery is not addressed by one Government department alone … There are at least six government departments whose engagement and action will be required to implement the Act effectively … An Independent Commissioner would be able to work with these departments in a more effective manner than an interdepartmental mechanism led by one department.
The UK Anti-Slavery Commissioner Mr Hyland has, according to many UK organisations, been central to raising the profile of these issues within the UK and improving inter-agency cooperation, leading for example to increased numbers of prosecutions and convictions for modern slavery in the UK … Mr Hyland argued that the independence of the Office has been central to its success, enabling him to be a "critical friend" to government agencies, businesses and other stakeholders alike.
At the end of the motion, add:
", but the Senate is of the opinion that, every three years, the Modern Slavery Act 2018 should be subject to a review conducted by an independent statutory Anti-Slavery Commissioner."
As outlined in our submission, we think that there could be some minor improvements to this bill, but I'd like to say first and foremost that we think it's a very good bill, we support this bill and we would like to see it passed as soon as practicable—before the end of the year if possible.
You might be surprised, Chair—
that I'm here to support the government's legislation in large part, and that's because I think they got it right.
I haven't found a really good name, but I think of it as an advocacy or advisory role—
At the end of the motion, add:
", but the Senate:
(a) notes that the Legal and Constitutional Affairs Legislation Committee and the Joint Standing Committee on Foreign Affairs, Defence and Trade both recommended that an independent statutory officer be appointed to support the operation of the Modern Slavery Act; and
(b) calls on the Government to appoint an Independent Anti-Slavery Commissioner to support the operation of the Modern Slavery Act and coordinate Australia's broader response to modern slavery".
It's much more than a populist whinge. It's about our values as a nation and whether we want to sell out so completely to economic rationalism that we lose sight of the fact that we owe each other and every one of our fellow citizens our support and love.
It will take one more generation for social acceptance, but the fear factor is gone. I'm enjoying my life as a free citizen now.
For more than four terrible years the tumultuous flames of war have lit the sky with death … History has no parallel to the destruction that has been occasioned. The toll demanded of life and limb; the price paid in anguish of spirit and bafflement of high hope; the tears; the suffering; the terrific mortality of actual combatants; the actual and potential devitalising of civilisation itself, is too vast a computation for living men to make … Tomorrow must assuredly be a better and fairer day.
Adopting a durable cross-party framework would be much better than surrendering to political dysfunction and trying to bind future governments to hastily drafted contracts for controversial projects.
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Payne) to a question without notice asked by Senator McCarthy today relating to the Member for Chisholm (Ms Banks).
Yesterday the Minister for Defence warned the now Independent member for Chisholm, Julia Banks, that she would 'face the consequences of her actions'.
Will the minister rule out retaliations against the now Independent member for Chisholm?
I'm not aware of those statements.
The gift of time and reflection has provided some clarity regarding the brutal blow against the leadership. Led by members of the reactionary right wing, the coup was aided by many MPs trading their vote for a leadership change in exchange for their individual promotion, preselection endorsements or silence. Their actions were undeniably for themselves—for their position in the party, their power, their personal ambition—not for the Australian people who we represent; not for what people voted for in the 2016 election; not for stability, and disregarding that teamwork and unity deliver success.
He said she would have to "take the opprobrium"—
associated with her decision and "bear the consequences of her decision".
My sensible, centrist values, belief in economic responsibility and focus on always putting the people first and acting in the nation's interest have not changed. The Liberal Party has changed, largely due to the actions of the reactionary and regressive right wing, who talk about and to themselves rather than listening to the people.
Unacceptable workplace practices are the responsibility of us all to identify, to stop it, to fix it.
I've seen and witnessed some appalling behaviour that in a law firm I would never have accepted, but in parliament, it's the norm.
… a much broader debate about workplace culture. This includes allegations of bullying, harassment and coercion and the unequal treatment of women …
That the Senate take note of the answer given by the Minister for Small and Family Business, Skills and Vocational Education (Senator Cash) to a question without notice asked by Senator McKim today relating to asylum seekers.
That the report be adopted.
That, in accordance with subsection 10B(2) of the Health Insurance Act 1973 , the Senate approves the Health Insurance (Extended Medicare Safety Net) Determination 2019 made under subsection 10B(1) of the Act on 17 October 2018.
(1) That the Senate notes that:
(a) the Department of Social Services recently completed the tender process for grants for the Financial Wellbeing and Capability activity, and began notifying applicants of the results in October and November 2018;
(b) the tender decisions resulted in a number of organisations receiving real cuts to their funding;
(c) these cuts were scheduled to take effect in a matter of weeks; and
(d) over the last fortnight, the Minister for Families and Social Services has back flipped and extended selected organisations' existing funding.
(2) That there be laid on the table by the Minister representing the Minister for Families and Social Services, by no later than 3.30 pm on 4 December 2018, any documents containing the following information:
(a) the list of applicants who were successful in the 2018 tenders for each of the grant programs within the Financial Wellbeing and Capability activity, including the amount of funding received and the service area to which it relates;
(b) any variations or amendments to the tender outcome;
(c) the list of existing grant holders who were unsuccessful or received real cuts in funding in the 2018 tenders for each of the grant programs within the Financial Wellbeing and Capability activity, including the amount of funding lost and the service area to which it related;
(d) the list of organisations who were offered extensions of their existing funding after the conclusion of the 2018 tenders for the Financial Wellbeing and Capability grants, including the amount of funding received, the length of the funding extension, and the service area and grant program to which it relates; and
(e) any correspondence between the Department and the Minister's office relating to paragraphs (a to (d) above.
That the Senate—
(a) acknowledges:
(i) the work that the Jacaranda Community Centre does through their Aboriginal Family Support and School Inclusion Program, including supporting First Nations families through early childhood development, care education and school readiness programs; providing support and referrals for external counselling and health services, such as alcohol and substance abuse assistance; supporting families in court, schools and hospitals; and undertaking outreach and home visits and liaising with local Elders,
(ii) that the Jacaranda Community Centre's Aboriginal Family Support and School Inclusion Program was funded under the Indigenous Advancement Strategy, managed by the Department of the Prime Minister and Cabinet, since 2017;
(b) notes that:
(i) the Jacaranda Community Centre has run this program for over 9 years, under various funding arrangements and, most recently, under the Indigenous Advancement Strategy, employs First Nations people under the program, and is currently supporting over 50 First Nations children and their families,
(ii) on 21 November 2018, the Jacaranda Community Centre was given 5 weeks notice from the Department of the Prime Minister and Cabinet that their funding would not be continuing without providing justification and with no transition plan for the families currently being assisted and the First Nations peoples employed, and
(iii) the Federal Government approved grants of $150,000 to the Northern Territory Seafood Council, $170,000 to the Amateur Fishermen's Association of the Northern Territory, and $165,000 to the Northern Territory Cattlemen's Association out of the Indigenous Advancement Strategy funding; and
(c) calls on the Minister for Indigenous Affairs to reinstate funding for this important program.
That the time for the presentation of the report of the Joint Standing Committee on Electoral Matters on the Commonwealth Electoral Amendment (Lowering Voting Age and Increasing Voter Participation) Bill 2018 be extended to 29 March 2019.
Halal Certification Transitional Authority Bill 2018
That the following bill be introduced: A Bill for an Act to establish the Halal Certification Transitional Authority, and for related purposes.
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 is introduced to arrest the Coalition Government's Halal Inaction Clock.
The Australian Conservative Party maintains the clock on its website and on l December it will tick over to 3 whole years of inaction on the Senate Economic References Committee's 2015 inquiry into Third Party Certification of Food ("the 2015 inquiry").
This Bill remedies the Parliament's inaction by taking reasonable and proportionate measures to address the concerns expressed by the 2015 inquiry about the halal certification industry.
The submissions to the 2015 inquiry and its findings demonstrated the widespread fraud and misrepresentation to consumers within the halal certification industry.
The fraud in this sector is not a new phenomenon. In September 1982 a federal Royal Commission report into the infamous meat substitution scandal also found there had been fraud within the meat export industry regarding halal certification. As a result, the Australian Government took a role in certifying red meat as halal for export purposes. The Royal Commission report included Appendix H which remained withheld from publication for 30 years, due to the recommendation that the cases in Appendix H be investigated for prosecution.
Case 17 from Victoria related to Halal Slaughter and Certification. Therein, Woodward Jstated:
"I have referred in the body of my report to various types of malpractice associated with halal slaughter and certification: forging of AFIC certificates, obtaining of AFIC certificates by falsely representing to AFIC that animals had been slaughtered according to Islamic rights when they had not, corruption of Muslim slaughtermen and forging of consular seals and signatures … One large meatworks operator obtained halal certificates from AFIC for millions of dollars worth of meat by presenting interim certificates signed by a registered slaughterman who in fact had not slaughtered the animals which we the subject of those interim certificates. The size of the operation can be gauged from the fact that, when found out, some $2m worth of meat certified in this way was still held in cold-storage. The operator had paid a registered AFIC slaughterman to provide false certificates at a rate of 20c per carton certified. It had paid him more than $38,000 in the space of just over ten months. The slaughterman presented his false certificates to the state Islamic Council office which issued final certificates without question. The matter came to light only by chance when an employee at the state Islamic Council tried to ring the man at work only to be told he did not work there."
It must be observed that in 1980, $38,000 was a significant figure - close to $150,000 in today's money. Another unnamed export company sent chilled meat to the Middle East and forged the signature of a diplomat from another Arabic nation to speed up its operation.
The 2015 inquiry made a number of findings, and Recommendation 6 is most relevant to the Bill I am tabling today:
Recommendation 6
The committee recommends that the halal certification industry consider establishing a single halal certification authority and a single national registered certified trademark.
This, along with all of the other recommendations, was handballed across to the Council of Australian Governments (COAG) and, in turn, a subgroup of consumer affairs ministers. Theoretically, a State Government or one of their ministers would lead 'action' on the issue, but the topic has vanished from COAG communiques.
After three years of inaction, it is clearly time for the Parliament to act.
In fact, over 15,000 Australians agree. I tabled their signatures to a petition in the Senate in August, demanding action on the 2015 inquiry's recommendations.
This Bill adopts what the industry has determined not to do itself, and that is to establish a single, transitional halal certification authority.
This Bill targets halal alone because that is what Recommendation 6 directed.
The Committee did not see fit to recommend action in other fields of food certification as it was not satisfied there was an evidentiary basis to do so.
I have not ventured into the certified trademark element of the 2015 inquiry' s recommendations, though I have looked into the matter. I intend for colleagues to focus on this central reform. A certified trademark is something an Authority created by this Bill could lead action on.
By creating a transitional certification authority, the Government will be acting in an instance of market failure. By having a transitional body - subject to a sunset provision in the Bill - the industry can pick up and run the body when it concludes, or establish its own alternate body instead.
In establishing an authority to address matters not presently being addressed by any level of government adequately, with the powers necessary to be effective, the Bill runs to dozens of pages. There are no nasty surprises in the provisions. The provisions ought to be familiar to honourable Senators who have reviewed Bills such as the Export Control Bill 2017 or the Aged Care Quality and Safety Commission Bill 2018. Objections to these operative provisions are in effect objections to provisions in those regimes that have already passed the Senate as Government Bills.
The simple proposition of this Bill is about the long overdue need to act due to:
As a conservative, and in particular a fiscal conservative, I feel it is prudent to take two steps.
Firstly, the Bill contains a sunset provision for the transitional authority - governments should only step into the private sector for so long as market failure persists, and be preparing from day one for the day when it can step away again.
Secondly, this regime must function on a full cost recovery basis. There should be no cost to general revenue, or direct charge on the taxpayer, for this regime. Those relying on the certification arrangements in the industry ought to contribute to the cost of its operations. Whether they absorb that cost or pass it on to their consumers is entirely a matter for them - and for consumers to respond to accordingly.
The Bill has a positive impact for all concerned.
For the halal certification industry, it provides a pathway to certainty and improvement of the public standing of its image. It gives the industry a timeline for improvement and eventual self-regulation. It gives license to ethical and genuine operators in the industry to weed out those acting improperly in their midst, aided by an independent arbiter free from whatever historical or cultural impediments that for decades have stood in the way of effective selfregulation.
For consumers, it provides confidence that certification is occurring in an environment free of fraud, misrepresentation and corruption. It provides confidence for consumers that money raised from halal certification is being properly applied for certification purposes and not diverted for unrelated purposes.
For the Government and the Parliament, it resolves a problem for which they have not, thus far, been able to propose a solution, notwithstanding the 2015 inquiry recommendation I have built this Bill upon today.
I commend the Bill to the Senate.
That the Senate—
(a) notes that:
(i) the sharpest ever drop recorded in Australia's greenhouse pollution occurred during the two-year period of the carbon pricing mechanism, and
(ii) during the carbon price, inflation was contained, the economy grew by 4.7% as emissions dropped by 8.2%, compared to the two-year period before the carbon price; and
(b) supports the widely held position of economists, industry and environment groups that an economy-wide carbon price is the lowest cost, most effective way to reduce pollution and encourage investment in the industries of the future.
The Senate divided. [15:50]
(The President—Senator Ryan)
That the Senate—
(a) notes:
(i) that MacMines Austasia 20,000-hectare China Stone thermal coal project in the Galilee Basin is one step closer to approval,
(ii) that this mine is expected to export 38 million tonnes of coal annually,
(iii) that this single Galilee Basin project is estimated to produce 128.4 metric tonnes of CO2 per year, which is equivalent to 23% of Australia's total domestic emissions in 2017, or about ten years' worth of Australia's domestic emissions over the lifetime of the mine,
(iv) that, this week, large parts of north and far north Queensland are in a severe heatwave with indication that the heatwave will spread west to the Northern Territory border,
(v) that temperature records for many Queensland towns have been broken,
(vi) that about 1500 people have been displaced, up to 600 evacuated and at least four houses lost, as unprecedented bushfires continue to burn in the Deepwater National Park region, south of Gladstone,
(vii) the emotional trauma and financial hardship that these sorts of extreme weather events can inflict on our communities,
(viii) that the work of emergency services and volunteers is to be commended,
(ix) that the Galilee Basin has 9 mega coal mines proposed, including the Adani Carmichael mine, China Stone mine, Alpha Coal Project, Kevin's Corner Project, Degulla Coal, Alpha West, Alpha North, Galilee (China First) Coal Project and South Galilee Coal Mine,
(x) that there is undeniable evidence that CO2 emissions are driving dangerous global warming which is causing extreme weather conditions unlike any we have ever seen before, and
(xi) that unless we take urgent action to stop global warming, bushfires, flooding, drought, heat waves will become more frequent and increasingly severe; and
(b) calls on the Minister for the Environment to:
(i) urgently take proactive measures against global warming,
(ii) refuse federal environmental approval for MacMines' China Stone thermal coal mine, and
(iii) not approve any coal mines in the Galilee Basin.
The Senate divided. [15:55]
(The President—Senator Ryan)
That the Senate orders that—
(a) the Minister representing the Minister for Home Affairs be required to attend the Senate on 29 November 2018, prior to government business being called on, to make a statement responding to the matters raised in the Legal and Constitutional Affairs References Committee report, Allegations concerning the inappropriate exercise of ministerial powers, with respect to the visa status of au pairs, and related matters;
(b) at the conclusion of the statement, any senator may move a motion to take note of the minister's statement;
(c) any such motion may be debated for no longer than one hour and shall have precedence over all government business until determined; and
(d) a senator may speak to the motion for no more ten minutes.
The Senate divided. [16:04]
(The President—Senator Ryan)
That the following documents be laid on the table by the Minister representing the Minister for Agriculture and Water Resources, no later than 9.50 pm on 3 December 2018:
(a) any draft versions of the 'Review of the Regulatory Capability and Culture of the Department of Agriculture and Water Resources in the Regulation of Live Animal Exports' provided to the Department of Agriculture and Water Resources or the Minister for Agriculture and Water Resources; and
(b) any correspondence between any or all of the following regarding this report or draft versions of the report: the Minister for Agriculture and Water Resources, the Department of Agriculture and Water Resources, and Mr Philip Moss, AM.
The Senate divided. [16:09]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) Canberra school children will not attend school on 28 November 2018 and instead attend Parliament House to protest the 'climate emergency', reportedly with the consent of the ACT Education Directorate,
(ii) the most recent Programme for International Student Assessment (PISA), that compares OECD student achievement data, showed a significant decline in reading literacy in the ACT and declines in Mathematical and Scientific literacy in the ACT,
(iii) in March 2018, UNICEF declared that the proportion of Australian children achieving at least minimum proficiency in reading or mathematics by 2030 will not be met, and
(iv) in June 2017, UNICEF also found Australia to be 39th out of 41 high and middle income countries achieving a quality education; and
(b) calls upon the Minister for Education, the ACT Government, the ACT Minister for Education and Early Childhood Development, Education Directorate and school parents, and Education Ministers across the country to prioritise and encourage school attendance to address literacy and numeracy emergencies.
That—
(a) on Monday, 3 December 2018, a matter of public importance or urgency motion not be proceeded with and, instead, general business notice of motion no. 1227 standing in my name, proposing a temporary order relating to formal motions, be called on and considered for not more than 1 hour;
(b) senators may speak to the motion for not more than 10 minutes; and
(c) if the question on the unresolved motion is not concluded before the expiration of time allotted in paragraph (a), the question shall be put.
That the Senate—
(a) expresses its strong commitment to ensure that Australian military veterans who have served this nation overseas receive their full entitlements;
(b) notes with concern that, for decades, the 9000 Australian Defence Force members who served in Malaysia during the counter-insurgency war in that country, as part of Rifle Company Butterworth (RCB), have been denied their rightful entitlements due to the government refusing to recognise their service as warlike;
(c) notes that this refusal was based upon a wartime propaganda deception, as shown by an Australian Defence Committee secret minute of 11 January 1973, which stated that this warlike deployment could be publicly portrayed as being for training purposes;
(d) condemns the refusal of successive Australian governments to admit the truth regarding this deployment, and to pay RCB members their just entitlements; and
(e) calls on the Federal Government not to wait until all RCB veterans have died to recognise their sacrifice on behalf of Australia, and to immediately recognise their service as warlike without further obfuscation.
The Senate divided. [16:17 ]
(The President—Senator Ryan)
That the Senate—
(a) notes:
(i) Lady Phyllis Cilento's long and dedicated career as an obstetrician, paediatrician, author, columnist, ABC broadcaster and women's activist,
(ii) her lifelong passion for women and children's health,
(iii) her pioneering work around mother and child care and nutrition, and
(iv) the Queensland Labor Government's shameful decision to rename the Lady Cilento Children's Hospital;
(b) further notes:
(i) 32% of Emergency Department patients at the Lady Cilento Children's Hospital are not seen on time,
(ii) 12% of ambulance patients are ramped at the Lady Cilento Children's Hospital for more than 30 minutes, meaning ambulances are tied up and cannot attend emergency calls during this time,
(iii) 17% of elective surgeries at the Lady Cilento Children's Hospital are not done on time, with a median wait time of 68 days – almost double the state-wide average, and
(iv) the cost to taxpayers of the politically-motivated decision to rename the Lady Cilento Children's Hospital is expected to be at least $500,000;
(c) condemns:
(i) the Queensland Labor Government's failed consultation process, noting that the State Labor Government deregistered the name Lady Cilento Children's Hospital six months before it flagged any intention to change the hospital's name,
(ii) the Queensland Labor Government's use of an online survey to justify a decision made six months previously, and
(iii) the decision by the Queensland Labor Government to subsequently rort the survey responses, with nearly 18,000 'Yes' votes coming from the same 74 IP addresses; and
(d) calls on the Queensland Labor Government to halt its shameful campaign against Lady Cilento's good name, keep the name Lady Cilento Children's Hospital, and to instead spend taxpayer funds on fixing hospital wait times and improving the quality of care at the Lady Cilento Children's Hospital.
The Senate divided. [16:25]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) the Pastoralists and Graziers Association of Western Australia (PGA of WA) has represented the interest of agricultural producers in WA since 1907,
(ii) the PGA of WA's mission statement is 'To ensure the prosperity and long term viability of members, the agricultural and associated industries, by providing an effective voice state-wide and federally through a financially sound, efficient, free enterprise organisation with strong leadership',
(iii) the PGA of WA has a proud tradition of advocating reform, even when not always popular or easy to do so, and
(iv) the PGA of WA successes include: the deregulation of the wheat industry, the deregulation of the price controls in the wool industry, ending lamb quotas and price controls in WA, advocating for property rights, and defending the live export trade;
(b) congratulates Mr Tony Seabrook, recipient of the 2018 National Agriculture Day Award, for his long-standing contribution to agriculture, including his campaign against the WA State Labor Government's funding cuts to the School of Air; and
(c) further congratulates all former and current members of the PGA of WA for the remarkable contribution of the organisation for over 100 years.
That the Senate—
(a) notes that, according to reports:
(i) there have been more than 50 breaches of the National Firearm Agreement across Australian states and territories since it was implemented in 1996,
(ii) corporate members of the gun lobby group, the Shooting Industry Foundation of Australia (SIFA), include suppliers and manufacturers of weapons, such as Nioa, Raytrade, Outdoor Sporting Agencies, Winchester and Baretta, who stand to benefit from relaxed gun laws, and
(iii) SIFA is becoming increasingly active in election campaigns with a clear strategy to weaken gun laws – the gun lobby group contributed $220,000 to a political campaign in Queensland last year, and is contributing at least $165,000 to a political campaign in Victoria this year; and
(b) calls on the Federal Government to:
(i) show leadership so that the National Firearm Agreement is complied with in all Australian states and territories, and
(ii) resist moves to weaken Australia's gun control laws.
The Senate divided. [16:37]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) silicosis is an incurable form of lung disease caused by exposure to toxic dust by breathing in unsafe levels of silica dust,
(ii) diseases due to silica exposure are serious and potentially lethal but totally preventable with the usage of correct safety provisions, and
(iii) there is growing concern about new cases of silicosis; and
(b) calls on the Federal Government to:
(i) review industry standards, and
(ii) create a national dust disease register for workers, and more awareness in training institutions and workplaces.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
'Providing cheaper, cleaner energy, including investment in renewable energy; ending the power privatisation mess; better regulating power prices and gas exports; supporting the installation of more household battery systems; and backing the development of renewables projects in local communities'
… the reduction we had over the 2016-17 year, if we continued that and that was our current settings then we would do that.
We have never ever in this state been in this situation before. We've not had a catastrophic level before.
Emissions reductions are the least of our problems …
Australia hasn't a moment to lose now that we have a comprehensive, independent blueprint to restore the security, reliability and affordability of our electricity system.
I rise to speak to the tabling of the Parliamentary Joint Committee on Human Rights' Human Rights Scrutiny Report 12 of 2018 .
Of the new bills examined in Chapter 1 of this report, 15 have been assessed as not raising human rights concerns as they promote, permissibly limit, or do not engage, human rights. The committee has also requested further information in relation to the human rights compatibility of 2 bills, and has considered 3 bills on an 'advice only' basis. Chapter 2 of the report contains the committee's concluded examination of a number of pieces of legislation.
Of the bills assessed as not raising human rights concerns, I would like to highlight the statement of compatibility accompanying the Agricultural and Veterinary Chemicals Legislation Amendment (Streamlining Regulation) Bill 2018. This bill amends a number of acts relating to the regulation of agricultural and veterinary chemical products in a manner that engages and limits a number of human rights, including the right to privacy, freedom of expression and criminal process rights. The statement of compatibility comprehensively sets out each of the rights that were engaged and limited by the measures in the bill, which allowed for an assessment that the measures, in context, were permissible limitations on human rights. The statement of compatibility accompanying this bill is an example of how, when human rights issues are fully addressed in the statement, the committee is able to conclude its analysis without needing to seek further information from legislation proponents.
In this regard, statements of compatibility are the primary document that sets out the legislation proponent's assessment of the human rights compatibility of legislation, and are a key starting point for the committee's technical examination of the human rights compatibility of legislation. The committee has, in recent months, been undertaking a project to improve statements of compatibility including by engaging with legislation proponents and providing training. The aim is to improve the quality of statements of compatibility by explaining the committee's expectations, underpinned by the legal requirements, as to the content of the statements of compatibility and information as to how the statement of compatibility could be improved.
I encourage my fellow Senators and others to examine the committee's latest scrutiny report to better inform their consideration of proposed legislation.
With these comments, I commend the committee's Report 12 of 2018 to the Senate.
That the Senate adopt the recommendation contained in the progress report to extend the time for the presentation of the report of the committee to the first sitting Wednesday of 2019.
That the Senate take note of the report.
Mr President,
I am pleased today to table the text of the World Trade Organization Agreement on Government Procurement (GPA), the terms of Australia's accession, along with the accompanying National Interest Analysis, for consideration by the Parliament.
Pursuing high-quality trade deals that support Australia's national interest is a central part of our government's economic plan. This government backs Australian businesses at home and abroad.
In 2015, the Liberal National Government launched negotiations to accede to the GPA. After three years of negotiations, Australia was formally invited to join the GPA on 17 October 2018. This Agreement will create significant opportunities for our high value, highly skilled services industries to secure more contracts that support more Australian jobs.
The consultation process has shown there is strong support within the Australian business community for Australia's GPA accession, including architectural, engineering, agricultural, construction, and professional service providers. States and territory governments have each agreed to support Australia's accession.
Accession to the GPA also reinforces Australia's support for the multilateral trading system and the importance of trade rules. Australia's accession to the GPA demonstrates the commercially meaningful outcomes that the multilateral system can provide for our exporters.
The GPA has 47 current members including the European Union, the United States, Japan, Canada, Korea and Singapore. The estimated procurement market of current members is $1.7 trillion a year.
Joining the GM will mean Australian businesses will have legally bound access to these 47 markets and will be able to participate on an equal footing with local competitors in these countries. Australian businesses and service providers will be able to access new opportunities in the European Union, Canada, European Free Trade Association states, Ukraine, and Chinese Taipei, and improved access over and above some of our existing free trade agreements.
Australian businesses will be even more competitive in winning government procurement contracts overseas including in areas of export strength.
This includes new opportunities in some member markets for:
And construction services across all 47 GPA member markets.
Australian suppliers will also gain new opportunities to bid for government procurement goods contracts, including:
The details of these opportunities and many others are set out in detail in an attachment to the National Interest Analysis, which I also table today.
By joining the GPA now, Australia will have a greater opportunity to influence the terms of new GPA parties' accession in support of our national interests.
There are nine countries, including China and Russia, currently seeking to join the GPA. Approval of new members requires them to open their government procurement market to suppliers of other parties in accordance with the GPA's principles of transparency and non-discrimination. When that happens Australia will also have new market access opportunities in those countries. China's government procurement market alone is estimated to be worth up to US$2.5 trillion annually, with expected GPA coverage of up to US$783 billion.
The Australian Government's procurement framework is already based on principles of value for money, nondiscrimination and open competition. Australia's procurement markets are already open to all foreign suppliers, not just those with whom we have FTAs. No additional changes to the Government's procurement system will be required in order to comply with the GPA.
We have ensured our terms of accession to the GPA include a range of exceptions that provide flexibility to ensure Australia can continue to make necessary policy decisions and implement important nation-building programs.
These include broad exceptions in areas including health, welfare and disability services. The GPA also provides the same flexibilities as Australia's existing trade agreements to enable the Government to continue its strong support for small and medium enterprises (SMEs) to participate in procurement opportunities. This is an important outcome as SMEs are the engine room of the Australian economy — accounting for more than 99 per cent of Australian businesses. And around 30 per cent of SMEs (more than 700,000) are located in regional Australia.
Importantly, the GPA supports the continuation of the Coalition Government's landmark Indigenous Procurement Policy (IPP). In the first two years since the Indigenous Procurement Policy commenced, the Commonwealth has awarded 4,880 contracts with a total value of $594 million to 956 Indigenous-owned businesses. This is a 95-fold increase on Indigenous businesses winning Commonwealth contracts prior to the IPP.
Necessary security procurements are also exempt, such as defence materiel, systems and equipment. The GPA also has no impact on the Australian Industry Capability Program, which provides opportunities for Australian businesses and Australian workers to help grow Australia's Defence industry.
The states and territories are supportive of Australia's accession, and have all included exceptions to allow them to address specific sensitivities and largely continue with existing procurement arrangements, such as health and education services, and motor vehicle exceptions for South Australia, Victoria, New South Wales, Queensland and the Australian Capital Territory.
Accession to the GPA is a further demonstration of the Liberal National Government's proven record in initiating and delivering trade and economic outcomes for Australian businesses, exporters and service providers. This is in stark contrast to the protectionist policies of the Opposition that aim to undo the hard fought market access gains we've secured for Australian businesses and consumers.
I welcome the consideration of these opportunities by the Joint Standing Committee on Treaties (JSCOT) so that Australia can start to reap the benefits of greater market access.
I hereby table the World Trade Organization Agreement on Government Procurement, the terms of Australia's accession, along with its National Interest Analysis, and commend them to the Senate.
Dear Mr President
I write with regard to three questions I took on notice from Senator Griff during Question Time on Tuesday 27 November 2018.
1. Will the Government consider referring all device approvals via the clinician based Prosthesis List Advisory Committee?
Ican advise the Senate that the Government will not consider referring all device approvals via the clinician based Prosthesis List Advisory Committee.
The role of the Prostheses List Advisory Committee (PLAC) is to provide advice to the Minister for Health on the benefits that private health insurers must rebate for implantable medical devices listed on the Prostheses List. The PLAC remit does not include regulatory assessment of safety, quality and performance.
The TGA has a number of in-house clinicians from a range of specialties who are employed to review clinical evidence submitted to establish the safety, quality and performance of medical devices, including implantable medical devices.
The TGA's Advisory Committee on Medical Devices has a current membership of 16 drawn from a broad range of clinical specialists and is a key advisory mechanism that meets formally seven times each year to consider and provide advice to the TGA on both pre market device assessment and post market device monitoring. Additional out-of-session meetings and teleconferences are also convened as required.
The TGA regularly invites relevant clinicians as expert assessors from the Clinical Advisory Groups (under PLAC) and other clinical specialists within Australia to assist with specific medical device assessments or reviews or who contribute to advisory groups as needed. The TGA has an expert panel of clinical experts that are also available as needed.
2. Can you provide on notice how many of these non-approved FDA export only devices are currently in circulation in Australia and the average adverse event rate compared to the FDA fully approved devices?
I can advise the Senate there is no mechanism for the TGA to:
cross reference with the US FDA device list to identify devices in the Australian Register of Therapeutic Goods that are included as export only in the USA;
identify the numbers of devices supplied unless a request to each sponsor is sent under the powers of the TGA Act; or
The TGA will shortly commence consultation on scoping the feasibility of adopting a Unique Medical Device Identifier (UDI) system in Australia. The UDI system could provide a single, globally harmonised system for identification of medical devices within healthcare supply chains and clinical care systems. Introduction of a UDI will require both legislative and regulatory amendments but aims to improve the monitoring of the performance of medical devices and reporting across jurisdictions, overcoming current barriers due to confusion created by the use of differing trade names, model numbers, etc.
It is important to note that a device's USFDA status as export only does not mean that an application to include the device for sale within the USA was rejected by the
USFDA. Further all devices seeking approval for supply in Australia must be assessed and approved by the TGA, regardless of their status with the USFDA.
3. Minister, the TGA, and would surprise a lot of people, only uses a paper based assessment for these devices and does not have an expert clinical committee to review the suitability of devices in Australian public hospitals.
I advise the Senate that the TGA only accepts electronic applications for conformity assessment and inclusion in the Australian Register of Therapeutic Goods. The preferred method of receiving evidence submitted in support of those applications is in an electronic format, but TGA has no legislative mechanism available to reject evidence provided on paper and will assess information provided in this form.
I further advise the Senate that each application for medium and high risk devices are reviewed by a multi-disciplinary team of assessors including medical officers, engineers and biomedical scientists (the team composition depends on the device type). In addition, the TGA has a fully equipped laboratory employing over 100staff that undertakes testing of medical devices.
The TGA does not evaluate the suitability of a device for use in any health facilities. Public hospital procurement activities fall within the remit of state and territory health departments.
I have copied this letter to the Minister for Health, the Hon Greg Hunt MP and the Senator for South Australia, Stirling Griff,
Yours sincerely
NIGEL SCULLION
That Senator Hinch be appointed as a member of the Select Committee into Fair Dinkum Power.
Social Services and Other Legislation Amendment (Promoting Sustainable Welfare) 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.
This Bill contains three measures that will improve the sustainability of the welfare payments system by encouraging greater self-reliance where it is fair and reasonable to do so and better targeting support to those who need it most.
These measures were previously introduced into the Parliament in:
The Government has incorporated these measures into this single Bill.
The Government has also made a number of changes to these measures that are reflected in this Bill. These changes are made for a number of reasons including responding to the Senate Standing Committee on Community Affairs' recommendation that the Encouraging Self‑sufficiency for Newly Arrived Migrants Bill and the Maintaining Income Thresholds Bill not be passed in their original form.
Together, the measures in this Bill deliver on the Government's ongoing commitment to a welfare payments system that is fair, targeted and sustainable both now and into the future.
Encouraging Self-Sufficiency for Newly Arrived Migrants
This Bill gives effect to changes to promote financial independence and self‑sufficiency for newly arrived migrants.
Australia is a prosperous country with strong social and economic foundations. Migrants seeking to settle in Australia are attracted to our way of life, our successful multicultural society and the opportunities our economy offers.
To maintain this, we need to make fiscally responsible decisions to keep spending under control for the benefit of current and future generations.
A key part of this is ensuring that our welfare payments system provides the best possible encouragement for people to support themselves and contribute socially and economically to this nation, including new migrants.
Waiting periods for new migrants already exist for a number of welfare payments. Known as the Newly Arrived Resident's Waiting Period, these waiting periods are designed to encourage people who settle permanently in Australia to provide for their own support during their initial settlement period.
The changes in this Bill will extend these existing waiting periods and apply new waiting periods to a number of other payments.
These changes will apply only to skilled and family migrants – those who are well-placed to support themselves through their existing resources, through work or through support from family members already in Australia.
Changes to waiting periods for working age income support payments
Currently a two year Newly Arrived Resident's Waiting Period applies to working age income support payments, including Newstart Allowance, Youth Allowance, Special Benefit and the Farm Household Allowance, as well as concession cards such as the low‑income Health Care Card.
A waiting period was first introduced in 1993 and extended to two years in 1997. It has not been changed since then even though welfare expenditure has grown, placing increasing pressure on the Budget and efforts to return to surplus.
This Bill will extend the length of the existing waiting period for these working age payments and concession cards to four years. This reflects that those who come to Australia to work or be with family should have the capacity to support themselves for longer and should not need to rely on working age payments.
This Bill will also introduce a four year waiting period for Parenting Payment and Bereavement Allowance which currently have a two year qualifying residence period. This will apply consistent rules across similar payments.
The extension of the existing waiting periods will not apply to Carer Payment. This payment will continue to have a two year waiting period in recognition that people with caring responsibilities for a person with disability may be less able to support themselves over a longer initial period. The existing exemptions for carer visa holders will be maintained under this measure.
The full range of existing exemptions will be maintained for all waiting periods, providing important protections for potentially vulnerable migrants.
Introduction of new waiting periods for Carer Allowance and family payments
Currently, no waiting period applies to Carer Allowance, Family Tax Benefit, Parental Leave Pay or Dad and Partner Pay. This means that these payments are available to new permanent residents immediately on arriving in Australia.
Under the changes in this Bill, a Newly Arrived Resident's Waiting Period will now be applied to these payments.
It is reasonable to expect that skilled and family migrants with caring responsibilities for a dependent child or person with disability should support the costs associated with those responsibilities for an initial period when they first settle in Australia.
The Government has responded to concerns raised during the Senate Committee inquiry process into the original Encouraging Self-sufficiency for Newly Arrived Migrants Bill and has adjusted the length of the new waiting period for these payments.
The new waiting period will be two years for Parental Leave Pay and Dad and Partner Pay and one year for Carer Allowance and Family Tax Benefit Part A.
These arrangements reflect that these payments support particular needs and costs for eligible individuals and families and provide a proportionate increase for payments which are having a waiting period introduced for the first time.
There will be no waiting period for Family Tax Benefit Part B. This recognises the role that this payment plays in supporting single parent families or those who have one main income earner to balance work and caring responsibilities, particularly when their children are younger.
Families serving a waiting period for Family Tax Benefit Part A will still be able to claim a low-income Health Care Card, provided they meet the income test. This will provide low‑income families with access to concessional benefits under Medicare and the Pharmaceutical Benefits Scheme.
Transitional arrangements will also be put in place so that people who may already be pregnant and have planned their leave arrangements are not disadvantaged. New migrants who have a baby born or adopted in the first six months after commencement, and are otherwise eligible for Parental Leave Pay or Dad and Partner Pay, will still be able to access these payments for that birth.
In addition, families subject to a waiting period for Family Tax Benefit Part A or paid parental leave will continue to have access to broader Government‑funded services to support their children's integration and wellbeing, including health care services, education and schools and child care subsidies where eligible.
Who will be impacted
The changes in this Bill will only apply to people granted a permanent skilled or family visa on or after commencement of the Bill (1 January 2019).
Information on the changes is already available through department websites and this will be supplemented by broader materials, once the Bill is passed. This will enable prospective migrants to make informed decisions and plans for supporting themselves during the waiting period.
Migrants granted permanent residency before the commencement date will not be affected. They will continue to have a two year waiting period for working age payments and no waiting period for family payments or Carer Allowance.
Exemptions and safeguards
There are a number of exemptions from the existing and new waiting periods which will provide a safety net, including for potentially vulnerable individuals and families, and people who have had a change of circumstances.
Humanitarian entrants and their families will continue to be exempt from all waiting periods. This exemption acknowledges that refugees settling here under the Humanitarian Program are particularly vulnerable. These migrants generally have no other means of support and are not usually in a position to make plans to support themselves before applying for a humanitarian visa. Maintaining immediate access to welfare payments will support the successful long-term settlement of these humanitarian entrants and their families.
While most temporary visa holders do not have access to welfare payments, holders of certain temporary visas, including Temporary Protection Visas and Safe Haven Enterprise Visas, currently have immediate access to Family Tax Benefit, Parental Leave Pay and Dad and Partner Pay as well as Special Benefit.
These temporary visa holders will be exempt from the new waiting periods for Family Tax Benefit, Parental Leave Pay and Dad and Partner Pay and will also continue to be exempt from the existing waiting period for Special Benefit. This exemption is consistent with the exemption for humanitarian entrants.
If these temporary visa holders are later granted a permanent visa, they will continue to be exempt from the waiting period. This means that they will not lose access to these benefits if they decide to settle in Australia permanently.
Most permanent migrants will be able to be self-reliant during their initial settlement period. The Government understands that some migrants will experience a change of circumstances that means they may no longer be able to support themselves as they had originally planned. For this reason, there are some key exemptions for migrants in this situation.
Migrants who become a lone parent after becoming an Australian resident will continue to be exempt from the waiting period for Parenting Payment, Newstart Allowance, Youth Allowance and Farm Household Allowance.
Migrants who experience a substantial change of circumstances will continue to be exempt from the waiting period for Special Benefit. This payment provides a safety net for people in hardship who are not eligible for other payments.
The Bill as originally introduced contained amendments that would have clarified and refined when a substantial change of circumstances could count for the exemption. To address concerns raised through the Senate Committee inquiry process, the Government has not proceeded with these amendments.
There will be no change to the substantial change in circumstances exemption. The existing exemption will remain in place and will continue to provide protections for those in Australia – including, for example, where a person has applied for a temporary partner visa – who experience a substantial change in circumstances through access to special benefit payments. This provides certainty that there are no detrimental changes included in the legislation to the substantial change in circumstances exemption for special benefit.
People who are receiving an income support payment, for example, because they have been granted one of the previously outlined exemptions will also be exempt from the waiting period for Family Tax Benefit, Parental Leave Pay, Dad and Partner Pay and Carer Allowance if they have not already completed it. This will apply a consistent exemption across payments.
In addition, New Zealand citizens on Special Category Visas will be exempt from the waiting periods for Family Tax Benefit, Parental Leave Pay and Dad and Partner Pay. These visa holders will also be excluded from the extension of the waiting period for the low-income Health Care Card. This means that New Zealanders will retain the same access and entitlements they currently have in recognition of the unique arrangements between Australia and New Zealand under our Trans-Tasman Travel Arrangement.
Orphan Relative and Remaining Relative visa holders will be excluded from all changes in the Bill. This responds to concerns raised during the Senate Committee inquiry that these visa holders are often vulnerable young people who may be disproportionately disadvantaged by an increased waiting period.
The waiting period arrangements provided for in this Bill, including the comprehensive range of exemptions, strike the right balance between promoting self‑reliance for newly arrived migrants and providing appropriate safeguards for those that may need them.
Consistent Income Taper Rates for Higher Income Families
This Bill introduces a consistent income test taper rate for Family Tax Benefit Part A for families with income above the higher income free area.
Presently, there are two different approaches to income testing for higher income families receiving Family Tax Benefit Part A. When working out a family's entitlement, the test that results in the higher rate paid is applied. This means that families with the same income can be treated differently.
The first test, known as the maximum rate income test, reduces the maximum rate of Family Tax Benefit Part A by 20 cents for each dollar over both the lower income free area (currently $53,728) and the higher income free area (currently $94,316).
The second test, known as the basic rate income test, reduces the basic rate of Family Tax Benefit Part A by 30 cents for each dollar over the higher income free area.
This means that families with the same income can have different amounts of their payment reduced due to income testing. This adds to both complexity and confusion for families.
From 1 July 2019, a consistent 30 cents in the dollar taper will apply to income above the higher income free area. This change means that all families will be treated equally once their income exceeds the higher income free area.
The maximum rate income test taper will remain at 20 cents in the dollar for income between the lower income free area and the higher income free area.
In response to concerns about the impact of this change raised during the Senate Committee inquiry process, this amended Bill also includes a one-off increase to the Family Tax Benefit Part A higher income free area, bringing this amount from the current $94,316 to $98,988 from 1 July 2019.
This will balance the importance of applying a consistent approach to income testing arrangements while making sure only families with sufficient income experience the higher taper rate.
Together, these two measures will create a simpler and fairer system. The changes balance the objectives of providing support for families while making sure that this support is well-targeted and sustainable in the long-term.
Maintaining Income Thresholds
Finally, the Bill will extend the existing indexation pauses on higher income limits for Family Tax Benefit and Paid Parental Leave for one further year. Under these changes, from 1 July 2020:
Annual indexation of these thresholds will recommence on 1 July 2021.
Maintaining these thresholds at their current levels will target Government assistance to families that need it most.
Families with lower incomes will not be affected by these indexation pauses to these thresholds.
The indexation pauses that are included in this Bill will contribute to the sustainability of the family and paid parental leave payments without impacting lower income families, meaning we can continue to help those that need it most both now and into the future.
Conclusion
This Government is committed to creating a welfare payments system that is fair, well-targeted and encourages self-reliance for those who are able.
In line with the Government's broader fiscal strategy, this Bill will contribute to a sustainable welfare payments system and an economically strong future for Australia.
Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2018
Social Services Legislation Amendment (Maintaining Income Thresholds) Bill 2018
Modern Slavery Bill 2018
(1) Clause 11, page 10 (after line 13), at the end of the clause, add:
The Minister may request an explanation from an entity about the entity's failure to comply with a requirement in relation to modern slavery statements, and may also request that the entity undertake remedial action in relation to that requirement. If the entity fails to comply with the request, the Minister may publish information about the failure to comply on the register or elsewhere, including the identity of the entity.
(2) Page 13 (after line 27), at the end of Part 2, add:
16A Explanations for failure to comply etc.
Request for explanation or remedial action
(1) If the Minister is reasonably satisfied that an entity has failed to comply with a requirement under section 13 or 14 (which deal with requirements to give modern slavery statements), the Minister may give a written request to the entity to do either or both of the following:
(a) provide an explanation for the failure to comply within a specified period of 28 days or longer after the request is given;
(b) undertake specified remedial action in relation to that requirement in accordance with the request within a specified period of 28 days or longer after the request is given.
Example: For a request relating to a failure to give a modern slavery statement to the Minister within the period required by section 13, remedial action specified under paragraph (b) of this subsection may be to give a modern slavery statement to the Minister within a further period specified in the request.
(2) The Minister may extend, or further extend, a period specified in a request under subsection (1) by written notice given to the entity. The extension may be given before or after the end of the specified period (or that period as previously extended).
(3) A request under subsection (1) must include a statement of the effect of subsections (2) and (4) to (6).
Publication of information about failure to comply with request
(4) If the Minister is reasonably satisfied that an entity has failed to comply with a request under subsection (1), the Minister may publish the following information on the register, or in any other way the Minister considers appropriate:
(a) the identity of the entity;
(b) if the request relates to the entity's failure to comply with subsection 14(2) (joint modern slavery statements) in relation to a modern slavery statement—the identities of the reporting entities covered by the statement;
(c) the date the request was given, and details of any extension given under subsection (2);
(d) details of the explanation or remedial action requested, and the period or periods specified in the request;
(e) the reasons why the Minister is satisfied that the entity has failed to comply with the request.
(5) An entity fails to comply with a request if, and only if:
(a) no explanation is given in response to the request within the period specified in the request under paragraph (1) (a) (as extended, if at all, under subsection (2)); or
(b) no remedial action is undertaken in response to the request within the period specified in the request under paragraph (1) (b) (as extended, if at all, under subsection (2)).
Review of decisions
(6) Applications may be made to the Administrative Appeals Tribunal for review of the Minister's decision under subsection (4) to publish information about an entity's failure to comply with a request under subsection (1).
(3) Clause 19, page 14 (line 22), omit "under section 13 or 14", substitute "for the purposes of compliance with section 13 or 14 (including a statement given in response to a request under section 16A)".
(4) Clause 21, page 16 (line 8), omit paragraph (c), substitute:
(ba) annual reports about the implementation of this Act;
(c) the 3‑year review of this Act;
(5) Page 16 (after line 24), after clause 23, insert:
23A Annual reports about implementation
(1) The Minister must cause a report to be prepared for each calendar year (including the year in which this section commences) about the implementation of this Act during the year, including the following (without limitation):
(a) an overview of compliance by entities with this Act during the year;
(b) the identification of best practice modern slavery reporting under this Act during the year.
(2) The report must be:
(a) started as soon as practicable after the end of the calendar year for which it is prepared; and
(b) completed before the end of the calendar year in which it is started.
(3) The Minister must cause copies of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the completion of the report.
(6) Heading to clause 24, page 16 (line 25), omit the heading, substitute:
24 Three ‑year review
(7) Clause 24, page 17 (after line 2), after paragraph (1) (a), insert:
(aa) compliance with this Act and any rules over that period; and
(ab) whether additional measures to improve compliance with this Act and any rules are necessary or desirable, such as civil penalties for failure to comply with the requirements of this Act; and
(ac) whether a further review of this Act and any rules should be undertaken, and if so, when; and
(ad) whether it is necessary or desirable to do anything else to improve the operation of this Act and any rules; and
(8) Clause 24, page 17 (line 3), at the end of paragraph (1) (b), add "to implement review recommendations".
(1) Clause 4, page 4 (line 15), after " Criminal Code ", insert ", other than an offence against section 270.7B of theCriminal Code (forced marriage offences)".
(2) Clause 4, page 4 (line 17), after "Divisions", insert "(other than an offence against section 270.7B)".
There is risk that requiring entities to assess risk of this practice may lead to unintended negative consequences, including racial and/or religious profiling of some staff.
There is a likelihood that the reporting requirement may function as a barrier to prevention.
The committee divided. [18:40]
(The Chair—Senator Lines)
(3) Clause 11, page 10 (lines 3 to 13), omit the clause, substitute:
11 Simplified outline of this Part
This Part requires modern slavery statements to be given annually to the Minister, describing the risks of modern slavery in the operations and supply chains of reporting entities and entities owned or controlled by those entities.
The statements must also include information about actions taken to address those risks.
Joint modern slavery statements may be given on behalf of one or more reporting entities.
There are civil penalties for reporting entities that fail to comply with these requirements.
The Minister must prepare an annual modern slavery statement on behalf of all non‑corporate Commonwealth entities.
The Minister must report annually to the Parliament about compliance by reporting entities with this Act.
(4) Page 13 (after line 27), at the end of Part 2, add:
16A Civil penalty for failure to give or prepare modern slavery statement
Compliance within the first 2 years of this Act
(1) An entity is liable to a civil penalty if:
(a) a modern slavery statement that covers the entity, for a reporting period, is required to be given or prepared within the 2 year period starting on the day this section commences; and
(b) a modern slavery statement that covers the entity for that reporting period is not given or prepared under any of sections 13 to 15 (whether or not the entity giving or preparing the statement complies with the requirements of subsection 13(2), 14(2) or 15(2)).
Civil penalty: 1,000 penalty units.
Compliance from 2 years onwards
(2) An entity is liable to a civil penalty if:
(a) a modern slavery statement that covers the entity, for a reporting period, is required to be given or prepared after the end of the 2 year period starting on the day this section commences; and
(b) a modern slavery statement that covers the entity for that reporting period is not given or prepared in accordance with any of sections 13 to 15.
Civil penalty: 1,000 penalty units.
(3) Subsection 93(2) of the Regulatory Powers (Standard Provisions) Act 2014 does not apply in relation to a contravention of subsection (2) of this section.
16B Annual report by Minister on compliance with Act
(1) As soon as practicable after the end of each financial year, the Minister must cause to be prepared a report on compliance by reporting entities with their obligations under this Act during the financial year.
(2) Without limiting subsection (1), the report must include:
(a) a list of each entity that is a reporting entity at any time during the financial year; and
(b) a list of each entity that has failed, at any time during the financial year, to comply with a requirement to give a modern slavery statement.
(3) The Minister must cause the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is prepared.
(5) Clause 21, page 16 (lines 3 to 9), omit the clause, substitute:
21 Simplified outline of this Part
This Part deals with the following miscellaneous matters:
(a) things done by an unincorporated entity;
(b) civil penalties;
(c) the Minister's capacity to delegate powers and functions under this Act;
(d) review of this Act;
(e) the power to make rules.
(6) Page 16 (after line 14), after clause 22, insert:
22A Civil penalty provisions
Enforceable civil penalty provisions
(1) Subsections 16A(1) and (2) of this Act are each enforceable under Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 .
Note: Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 allows a civil penalty provision to be enforced by obtaining an order for a person to pay a pecuniary penalty for the contravention of the provision.
Authorised applicant
(2) For the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , the Secretary of the Department is an authorised applicant in relation to subsection 16A(1) or (2) of this Act.
Relevant court
(3) For the purposes of Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , each of the following courts is a relevant court in relation to subsection 16A(1) or (2) of this Act:
(a) the Federal Court of Australia;
(b) the Federal Circuit Court of Australia;
(c) a court of a State or Territory that has jurisdiction in relation to the matter.
Extension to external Territories etc.
(4) Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , as it applies in relation to subsection 16A(1) or (2) of this Act, extends to:
(a) every external Territory; and
(b) acts, omissions, matters and things outside Australia.
Liability of Crown
(5) Part 4 of the Regulatory Powers (Standard Provisions) Act 2014 , as it applies in relation to subsection 16A(1) or (2) of this Act, does not make the Crown liable to a pecuniary penalty.
In order to make any difference to the lives of workers in Australia and abroad, the Modern Slavery Act must act as a serious motivator for companies to start acting upon the values expressed in their statements and guidelines and provide an effective deterrent for those who fall short of their obligations.
Hence, any Australian legislation enacted should include a strong enforcement mechanism imposing penalties on companies that do not comply with due diligence and reporting requirements.
The committee divided. [18:53]
(The Chair—Senator Lines)
That this bill be now read a third time.
Telecommunications Legislation Amendment Bill 2018
(2) Schedule 2, item 2, page 17 (line 4) to page 18 (line 6), paragraphs 6 (5)(d) to (f) of schedule 3, TO BE OPPOSED.
The committee divided. [19:08]
(The Temporary Chair—Senator Ketter)
(1) Schedule 2, item 1, page 15 (lines 6 to 17), omit the definition of high-demand holiday period in clause 2 of Schedule 3.
(3) Schedule 2, item 3, page 18 (lines 16 to 20), omit subclause 6(5B) of Schedule 3.
(4) Schedule 2, item 3, page 18 (line 21), omit "paragraphs (5) (b), (c), (d), (e) and (f)", substitute "paragraphs (5) (b) and (c)".
(5) Schedule 2, item 5, page 19 (lines 23 to 32), omit subclauses 8A(3) and (4) of Schedule 3.
(6) Schedule 2, item 5, page 20 (line 15) to page 21 (line 2), omit clauses 8B and 8C of Schedule 3.
(7) Schedule 2, item 7, page 21 (line 13), omit ", (d), (e), (f)".
(10) Schedule 2, item 7, page 21 (line 28), omit ", (d), (e), (f)".
(8) Schedule 2, item 7, page 21 (line 16), after "restored", insert ", to the satisfaction of the owner of the land,".
(9) Schedule 2, item 7, page 21 (line 25), after "restored", insert ", to the satisfaction of the owner of the land,".
When the house has ordered the Serjeant to execute a warrant, the house sustains his authority, and punishes those who resist.
Both houses consider every branch of the civil government as bound to assist, when required, in executing their warrants and orders, and have repeatedly required such assistance.
… all mayors, sheriffs, under-sheriffs, bailiffs, constables, headboroughs, and officers of the house are required to be aiding and assisting in the execution—
… the journals abound with cases in which witnesses have been punished … for pre-varicating or giving false testimony, or suppressing the truth; for refusing to answer questions, or to produce documents in their possession.