The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 10:00, read prayers and made an acknowledgement of country.
Marine Safety (Domestic Commercial Vessel) National Law Amendment (Improving Safety) Bill 2019
If police had been notified that the deceased was missing at the time the vessel returned to the Fremantle Fishing Boat Harbour, at approximately 4.00 pm, Sergeant Wear indicated that the Water Police would have tasked helicopters to run the route taken by the charter boat from Fremantle Harbour back to Parakeet Bay as an immediate starting point.
They would also have got vessels to run that route, breaking up the route into sections for them to search, with the knowledge that he couldn't have drifted far from the track line in that space of time. The timing of the notification is important in that regard, as the closer in time the search and rescue can begin, the more confined the area that is required to be searched.
In that regard, as well as getting assets immediately on to the scene, police officers would have attended the charter boat to interview the crew and other passengers to try and ascertain the last time the deceased had been seen and any unusual events that had occurred, in order to narrow the search area and increase the probability of finding the deceased. Police officers would also have spoken to the deceased's family to try to find out information about the deceased, such as his swimming ability, general health and medications, and even any known demeanour in a fight or flight situation to ascertain a timeframe of survival. Experts such as Dr Luckin would also assist in that regard.
Based upon his own experience, Sergeant Wear expressed the opinion that notification at 4.00 pm, or even 4.30 pm—
would still have given the Water Police a fairly high chance that they would have found the deceased, and found him alive. Expressed another way, Sergeant Wear stated that it was "highly likely" a Search and Rescue team would have found the deceased if they had been notified when the charter boat returned to the harbour.
I would like to get the answers as to why my husband never returned home after spending the day on charter vessel Ten Sixty Six and what the Australian Maritime Safety Authority did in investigating the circumstances surrounding Damien's death.
This was a particularly tragic case, involving the death of a hardworking father of a young family who went out for a simple day of socialising and networking as part of his business and never returned home.
If that had been done in this case, the deceased might still be alive today
The Coroner noted that there was evidence that the deceased's death may have been preventable if his disappearance had been identified sooner.
The Coroner concluded the evidence underscored the need for simple processes, such as performing careful and orderly headcounts and supervising passengers properly while on board, which should be undertaken by the crew of a charter boat to ensure the safety of their passengers.
The Coroner found the deceased died on or about 31 October 2014 in the Indian Ocean approximately three nautical miles off Leighton Beach in circumstances consistent with immersion and found death was by way of accident.
The Coroner did not make any recommendations but made the observation the Court had been informed by AMSA that they have understood the safety issues raised by the death of the deceased and it was AMSA's intention that steps will be taken to promote headcounts as a safety measure. The Coroner urged AMSA to ensure that safety systems be implemented and are duly carried out by operators with care and diligence.
This was a particularly tragic case, involving the death of a hardworking father of a young family who went out for a simple day of socialising and networking as part of his business and never returned home. While his death was an accident, there was evidence that it may have been preventable if his disappearance had been identified sooner. The evidence underscored the need for simple processes, such as performing careful and orderly headcounts and supervising passengers properly while on board, to be undertaken by the crew of charter boats to ensure the safety of their passengers. If that had been done in this case, the deceased might still be alive today.
With the transition to a new national regulatory body, it is difficult to make any meaningful recommendations. However, I am informed by AMSA, who participated actively in the inquest, that they have understood the safety issues raise by the death of the deceased and it is AMSA's intention that steps will be taken, within the National Law framework, to promote headcounts as a safety measure. It is also important that AMSA do its best to ensure that safety systems implemented are duly carried out by operators with care and diligence. The knowledge gained from the tragic outcome of this case must form part of the safety message for the future, with the aim of ensuring that similar deaths are prevented.
FEDERAL SHADOW MINISTRY 10 February 2020
Shadow Cabinet Ministers are shown in bold type.
I don't know if climate change is man made.
As to whether it is human-induced climate change, my mind is open.
Further details on the change room and swimming facilities fund will be released later in 2019.
Some people just want to get on and help themselves and that becomes difficult when there's always a form to fill out, a process to go through, a number to ring, a meeting to attend—so I think that definitely adds to the frustration.
… people staying at the Howard Springs Accommodation Facility were unlikely to become infectious and their health would be closely monitored.
It is important people living in and around Howard Springs know the novel coronavirus can only be transmitted by close contact with an infectious person and cannot be spread through the air.
… I am confident the security and public health measures put in place will prevent any risk to the community’s health.
We haven't seen a positive response to that business case.
That the Senate take note of the answer given by the Minister for Youth and Sport (Senator Colbeck) to the question without notice asked by Senator Farrell relating to the Community Sport Infrastructure Grant Program.
The principal objective of that is to ensure that there are changing facilities and other facilities to support more girls and women’s participation in sport all around the country.
Marine Safety (Domestic Commercial Vessel) National Law Amendment (Improving Safety) Bill 2019
That the question be now put.
The Senate divided. [16:04]
(The President—Senator Ryan)
The Senate divided. [16:08]
(The President—Senator Ryan)
That this bill be now read a third time.
Telecommunications Amendment (Repairing Assistance and Access) Bill 2019
Our police, our agencies need these powers now and I would like to see them passed. In fact, I would insist on seeing them passed before the end of the next sitting fortnight.
I also confirm that the government has agreed to facilitate consideration of these amendments in the New Year in government business time. Finally, I also confirm that the government supports, in principle, all amendments that are consistent with the Parliamentary Joint Committee on Intelligence and Security recommendations in relation to this bill. This will facilitate this bill becoming law without amendment, and I do support it on that basis.
This legislation is out of step with surveillance and privacy legislation in Europe and other countries that have strong national security concerns. Several critical issues remain unaddressed in this legislation, most significantly the prospect of introducing systemic weaknesses that could put Australians' data security at risk.
We've got to recognise this law threatens jobs … The fact is that the jobs of the future—these high paying jobs, export dollars that we bring to Australia, largely in technology—are at risk …
Encryption had put the communications of terrorists and criminals beyond the reach of law agencies, but they are now using the measures under the Assistance and Access Act to target and disrupt threats to the Australian community.
There's probably thousands of people we are likely to deal with—
I haven't got a clue how to implement it. There should have been a lot more consultation …
These amendments outlined in this Bill are a good starting point, but far from a full solution. Tinkering at the edges of badly designed legislation is not going to solve the underlying problem – that the powers being handed out to law enforcement are poorly designed and infringe on individuals’ privacy and the security of the Australian digital economy and society.
… may undermine your ability to qualify for an executive agreement under the CLOUD Act.
That the Senate take note of the minister's response.
There was … bias in the award of grant funding—
was not consistent with the assessed merit of applications.
… having been involved in a similar situation, I find the fact that Gaetjens' report apparently ignored these fundamental considerations of good government and ministerial conduct inconceivable. In my view the Gaetjens' report reflects poorly on its author.
It would seem on the evidence that Gaetjens has produced a report whose only purpose was to get the Government off a political hook.
It is accepted that deliberations of the Executive Council and of the cabinet should be able to be conducted in secrecy so as to preserve the freedom of deliberation of those bodies. This ground, however, relates only to disclosure of deliberations. There has been a tendency for governments to claim that anything with a connection to cabinet is confidential. A claim that a document is a cabinet document should not be accepted; as has been made clear in relation to such claims in court proceedings, it has to be established that disclosure of the document would reveal cabinet deliberations. The claim cannot be made simply because a document has the word "cabinet" in or on it.
If an attachment or supporting document has been brought into existence for the dominant purpose of submission for consideration by the Cabinet, then the attachment or supporting document must clearly state this. This ensures each document is appropriately identified as a Cabinet document and handled in line with the security requirements for Cabinet material.
… it is clear that there is no absolute bar against the compulsory disclosure or tender into evidence of even the most core cabinet documents, such as those recording the secret deliberations of its members.
The High Court has no difficulty with the courts carrying out a balancing process when the administration of justice is the public interest competing against the public interest in cabinet secrecy. It is ridiculous to suppose that the Senate could not carry out a corresponding exercise when the public interest in responsible government through accountability to a parliamentary chamber is involved.
… entrusted with a position of authority, to acquire illicit benefit or abuse of power for one's private gain. Corruption may include many activities including bribery and embezzlement, though it may also involve practices that are legal in many countries. Political corruption occurs when an office-holder or other governmental employee acts in an official capacity for personal gain—
(1) That the Senate notes that:
(a) under the guidelines for the use of special purpose aircraft, the Minister for Defence is responsible for tabling the schedule of special purpose flights " ...in June (for the six months ending the previous 31 December) and December (for the six months ending the previous 30 June)";
(b) regrettably, under the Abbott-Turnbull-Morrison Government, the schedule has routinely been tabled late, in one case over eight months late;
(c) the most recent schedule published at https://www.defence.gov.au/Publications/Parliament/ is for the six months ending 30 June 2017;
(d) consistent with the guidelines, previous governments tabled schedules on the last sitting day of June and December each year; and
(e) the most recently tabled schedule for the six months ending 31 December 2018 was not tabled until 28 August 2019.
(2) That there be laid on the table by the Minister for Defence, by no later than 9.30 am on 13 February 2020, the schedule of special purpose flights for the period 1 January to 30 June 2019. (general business notice of motion no. 432)
That the Senate—
(a) notes that 27 January 2020 marked International Holocaust Remembrance Day, a day where we remember the atrocities committed by the Nazi regime and its collaborators, and reaffirm our promise to 'never forget' the 6 million Jews and 11 million others who were exterminated during the Holocaust;
(b) acknowledges the importance of International Holocaust Remembrance Day in honouring the memory of all Holocaust victims, and the ongoing efforts of the International Holocaust Remembrance Alliance to advance and promote Holocaust education to ensure the history and stories of its victims are passed on to successive generations;
(c) notes that Australia officially became the 33rd member of the International Holocaust Remembrance Alliance at the Mondorf-les-Bains Plenary meeting on 4 June 2019;
(d) notes this year's annual observance also marked the 75th anniversary of the liberation of Auschwitz, the largest and most notorious concentration camp operated by the Nazi regime, located approximately 60 km west of Krakow, Poland;
(e) further acknowledges that more than 1.1 million people were killed at the Auschwitz complex alone, including nearly 1 million Jews, and that on the day of liberation only 7,000 people were saved; and
(f) further notes that during the 1940s, tens of thousands of European Jews emigrated to Australia, and that Australia has the largest per-capita Holocaust survivor population outside Israel. (general business notice of motion no. 413)
That the Senate—
(a) notes that:
(i) Aged Care Assessment Teams ('ACATs') are teams of medical professionals which run clinical and psychological checks on older Australians who have applied for home or residential aged care,
(ii) based in hospitals across the country, ACATs are ultimately responsible for assessing which older Australians should receive government-funded care,
(iii) an ACAT team usually includes a nurse, plus another healthcare worker such as a physiotherapist, occupational therapist or social worker,
(iv) the Morrison Government has announced that it will privatise the ACAT workforce from April 2021, when a tender will be put out for organisations to deliver this vital assessment,
(v) on 14 January 2020, the chair of the Royal Commission into Aged Care Quality and Safety, the Honourable Gaetano Pagone QC, issued a statement saying the commission's interim report "did not endorse the government's stated position" on privatising the ACATs;
(b) supports the retention of ACATs as a publicly provided service; and
(c) commends the Health Services Union and other unions for their continued advocacy on behalf of working people in healthcare across Australia, in particular in the aged care sector. (general business notice of motion no. 414)
That the Senate—
(a) notes that members of the Naval Shipbuilding Advisory Board are officers for the purposes of standing order 26(5); and
(b) requires members of the Naval Shipbuilding Advisory Board including, but not limited to, the Chair of the Board to appear before the Foreign Affairs, Defence and Trade Legislation Committee when it meets to consider the 2019-20 additional estimates, at 9 am on 4 March 2020. (general business notice of motion no. 415)
That the Senate—
(a) notes that:
(i) the Morrison Government told the United Nations in Madrid that technology improvements are central to their plan to reduce Australia's emissions, and praised the work of the Australian Renewable Energy Agency (ARENA),
(ii) ARENA has driven the acceleration and uptake of home-grown emissions reductions technologies with $1.4 billion funding 478 projects, leveraging $2.83 of private investment for each dollar committed to generate a total $5.5 billion in projects, and
(iii) the evidence provided by ARENA during Senate estimates hearings indicate that they expect to run out of money by the middle of this year; ARENA has 60 expressions of interest and 94 full applications still before them; and
(b) calls on the Minister for Energy and Emissions Reduction, Mr Taylor, who has issued 32 media releases promoting the work of ARENA, to ensure that the Agency will receive more legislated funding in the 2020-21 budget and continue their important work in the fields of hydrogen, bioenergy and clean technologies that are central to our future prosperity and driving new employment in Australia's regions. (general business notice of motion no. 418)
That the Senate—
(a) notes that building new high-efficiency low-emission coal fired power stations will create jobs, lower power prices, increase competition and increase reliability in the energy system; and
(b) supports projects, like the Collinsville clean coal-fired power project, which will provide stable reliable baseload power and help lower power prices. (general business notice of motion no. 419)
That the Senate—
(a) affirms its commitment to a complete moratorium on nuclear energy, as expressed in the Australian Radiation Protection and Nuclear Safety Act 1998 and the Environment Protection and Biodiversity Conservation Act 1999;
(b) notes the devastating and lasting impacts of the nuclear disasters in Fukushima, Chernobyl and Three Mile Island; and
(c) call on all Ministers to commit to Australia being a nuclear-free zone. (general business notice of motion no. 420)
The Senate—
(a) notes with deep concern United States President Donald Trump's so-called "peace" proposal for Israel and Palestine, which:
(i) further entrenches injustice and conflict in the Middle East,
(ii) rewards breaches of international law like the Israeli Government's flagrant settlement building,
(iii) enables and encourages illegal annexation in the West Bank, and
(iv) forces Palestinians to live on scraps of territory without a genuine state of their own;
(b) further notes that Palestinians were not involved in the process of developing the proposal; and
(c) calls on the Federal Government to publicly reject this biased, unfair and dangerous proposal. (general business notice of motion no. 421)
That the Senate endorses Senator Cormann's statement to the Senate on 10 February 2020, that climate change is human induced, and welcomes his confirmation that the Morrison Government accepts this fact. (general business notice of motion no. 422)
That the Senate—
(a) notes that the Government is in discussions with the big four banks, major retailers and EFTPOS around a possible national rollout of the cashless debit card (CDC);
(b) recognises that compulsory income management disadvantages people on low incomes by limiting their ability to shop around and make savings where purchases can be made through cash;
(c) acknowledges that rolling out compulsory income management to people on income support payments would remove the choice and control they have over the financial products and services they use;
(d) further notes that the Australian National Audit Office found that there was no evidence that there has been a reduction in social harm following the introduction of the CDC;
(e) urges the big four banks, EFTPOS and major retailers not to facilitate any national rollout of compulsory income management, including the CDC; and
(f) calls on the Federal Government to be honest and transparent about its plans to rollout compulsory income management to income support recipients across Australia. (general business notice of motion no. 423)
That the Senate—
(a) notes:
(i) that the Morrison Government committed to implement a Commonwealth Integrity Commission (CIC) on 13 December 2018,
(ii) that it has been 424 days since that commitment and the Morrison Government has still failed to introduce legislation to establish the body, and
(iii) reports that the Member for Wide Bay, Mr Llew O'Brien, has called for the proposed federal anti-corruption body to be given "more strenuous, stronger" powers;
(b) calls on the Attorney-General, Mr Porter, to revise his proposed anti-corruption commission to give it the powers, independence and transparency it needs to effectively combat corruption in the federal sphere; and
(c) calls on the Federal Government to introduce legislation on the CIC as a matter of priority. (general business notice of motion no. 424)
The Senate—
(a) notes with deep concern:
(i) the ongoing lockdown in Kashmir since the revocation of Kashmir's special status by the Indian Government in August 2019,
(ii) the ongoing internet and communications blockade, with all communications in and out of the valley still tightly controlled and journalists being intimidated,
(iii) the ongoing denial of freedom of movement and freedom to protest to the people of Kashmir, who face ongoing curfews in large parts of the valley, and
(iv) the militarisation of Kashmir;
(b) expresses solidarity with the many Australian Kashmiris who remain deeply concerned about their loved ones in Kashmir;
(c) further notes that Kashmiris have an unequivocal right to self-determination, as recognised by the United Nations; and
(d) calls on the Australian Government to urge the Indian Government to respect the human rights of the people in Kashmir and their right to self-determination, withdraw military forces, and end the mass lockdown. (general business notice of motion no. 425)
That the Senate—
(a) notes:
(i) reports that, in December 2017, the National Aerial Firefighting Centre (NAFC) submitted a business case to the Government requesting a permanent increase in funding of $11 million to its annual budget,
(ii) evidence from the Department of Home Affairs that, as at 6 December 2019, the Government was still considering the business case, and
(iii) that when asked about the business case on 4 January 2020, the Commissioner of the New South Wales Rural Fire Service, Mr Shane Fitzsimmons, said that "We haven't seen a positive response to that business case"; and
(b) recognises that, given the Government's failure to respond to the NAFC business case for at least 2 years, more could have been done to ensure adequate aerial firefighting capability during the 2019 bushfire season. (general business notice of motion no. 426)
That the Senate—
(a) notes that:
(i) global estimates indicate more than 600 children have died from ingesting button batteries,
(ii) up to 20 children each week present to emergency departments after swallowing button batteries, and
(iii) two and a half years after the introduction of a voluntary industry code in Australia, a high level of unsafe button battery products remain available in the Australian market, and a meaningful decrease in the rate of button battery exposures or injuries is not yet apparent; and
(b) calls on the Federal Government to implement a mandatory code to protect children from being exposed to button batteries in Australia and to prevent the sale of dangerous products. (general business notice of motion no. 427)
That the Senate—
(a) notes that 11 February 2019 is Safer Internet Day, a worldwide event that raises awareness about online safety and encourages everyone to help create a better internet;
(b) expresses concern that online dating sites provide a 'fertile landscape' for predators including cases where:
(i) paedophiles are using dating sites to find single women with children,
(ii) adolescent girls and boys are using dating sites and being targeted by paedophiles, and
(iii) women are being sexually assaulted by known sex offenders;
(c) acknowledges that sexual assault victims and their advocates are calling for better coordination between law enforcement and tech companies to stop sexual predators repeatedly using dating sites to lure victims;
(d) further notes that, in the United States, a congressional investigation is underway by the subcommittee on Economic and Consumer Policy of the Committee on Oversight and Reform into how the major dating site companies have allegedly allowed sex offenders to use their services; and
(e) calls on the Federal Government to engage with online dating sites, as a matter of urgency, to develop memorandums of understanding to facilitate easier access and information sharing between law enforcement agencies and dating sites. (general business notice of motion no. 428)
That the Senate—
(a) notes that:
(i) Australia's aged care system receives over $21 billion of taxpayer money each year,
(ii) despite receiving large government subsidies, there is a significant lack of transparency in aged care, and
(iii) aged care providers are not required to publish details on how government subsidies are spent including on food, medical products, accommodation, staffing and staff training;
(b) recognises that the aged care sector requires robust financial transparency in order to make clear how much facilities actually spend on delivering care;
(c) acknowledges that families relying on the aged care sector to care for loved ones deserve access to information to assist them in making informed decisions about aged care for family members; and
(d) calls on the Federal Government to legislate for financial transparency in aged care, as a matter of urgency. (general business notice of motion no. 429)
(1) That there be laid on the table by the Minister for Youth and Sport by no later than midday on Thursday,13 February 2020:
(a) all communications between the Department of Health (the Department) and the Minister for Youth and Sport (the Minister) or the Minister's office in relation to the Community Sport Infrastructure – Female Facilities and Water Safety program (FFWSP);
(b) all communications between the Minister or the Minister's office and the Prime Minister or the office of the Prime Minister in relation to the FFWSP;
(c) all communications between the Minister and the Minister for Infrastructure, Transport and Regional Development in relation to the FFWSP;
(d) any incoming Ministerial brief prepared for the Minister in relation to the FFWSP;
(e) any guidelines or program arrangements applying to the FFWSP;
(f) any advice on the content of guidelines or program arrangements, or drafts of same, prepared by the Department for the Minister in relation to the FFWSP;
(g) any advice prepared by or for the Department for the Minister regarding the need for guidelines for the FFWSP;
(h) any advice prepared for the Minister regarding eligibility for the FFWSP or the process for determining the list of organisations invited to apply for funding;
(i) a list of all projects invited to seek funding under the FFWSP, and any documents pertaining to the basis on which they were selected; and
(j) a list of all projects funded under the FFWSP.
(2) In the event the Minister fails to table the documents requested in paragraph (1), the Senate requires the Minister to attend the Senate at 3:30 pm on 13 February 2020 to provide an explanation, of no more than 10 minutes, of the Government's failure to table the documents requested in paragraph (1).
(3) Any senator may move to take note of the explanation required by paragraph (2).
(4) Any motion under paragraph (3) shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes each. (general business notice of motion no. 430)
(1) That there be laid on the table by the Minister representing the Minister for Infrastructure, Transport and Regional Development by no later than midday on 13 February 2020:
(a) all communications between the Department of Infrastructure, Transport and Regional Development (the Department) and the Minister for Infrastructure, Transport and Regional Development (the Minister) or the Minister's office in relation to the Community Sport Infrastructure – Female Facilities and Water Safety program (FFWSP);
(b) all communications between the Minister or Minister's office and the Prime Minister or the office of the Prime Minister in relation to the FFWSP;
(c) all communications between the Minister and the incoming Minister for Youth and Sports in relation to the FFWSP following the federal election;
(d) any advice prepared for the Department, the Minister or the Prime Minister regarding the need for guidelines for the FFWSP;
(e) any advice on the content of guidelines or program arrangements, or drafts of same, prepared by the Department for the Minister or Prime Minister in relation to the FFWSP;
(f) any advice prepared by or for the Department for the Minister or Prime Minister regarding eligibility for the FFWSP or the process for determining the list of organisations invited to apply for funding;
(g) a list of all projects invited to seek funding under the FFWSP, and documents pertaining to the basis on which they were selected; and
(h) a list of all projects funded under the FFWS Program.
(2) In the event the Minister fails to table the documents requested in paragraph (1), the Senate requires the Minister representing the Minister for Infrastructure, Transport and Regional Development in the Senate to attend the Senate at 3:30 pm on 13 February 2020 to provide an explanation, of no more than 10 minutes, of the Government's failure to table the documents requested in paragraph (1).
(3) Any senator may move to take note of the explanation required by paragraph (2).
(4) Any motion under paragraph (3) shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes each. (general business notice of motion no. 431)
That leave of absence be granted to Senator Lines for today, for personal reasons.
That the Senate—
(a) notes that:
(i) there are over 3 million people in Australia living in poverty including over 700,000 children,
(ii) Newstart and Youth Allowance have not had an increase in real terms for over 25 years,
(iii) the Government's continued failure to act has meant that those trying to survive on Newstart are falling even further behind, prompting the Australian Council of Social Service to call for an urgent $95 increase in Newstart, and
(iv) the Government's position on Newstart is out of step with community expectations; and
(b) calls on the Federal Government to make it a priority to help address poverty in Australia by immediately significantly increasing Newstart and Youth Allowance.
That the Senate—
(a) notes that:
(i) the issue of per- and poly-fluoroalkyl substances (PFAS) contamination has caused significant mental, emotional and financial stress for communities where PFAS have contaminated land and water, including the communities around the RAAF bases in Williamtown and Richmond in New South Wales, the Oakey Army Aviation Centre in Queensland, and RAAF Base Tindal at Katherine in the Northern Territory,
(ii) it has been more than 14 months since the Joint Standing Committee on Foreign Affairs, Defence and Trade tabled its report, Inquiry into the management of PFAS contamination in and around Defence bases, and the Federal Government has still not issued its response, and
(iii) communities are waiting anxiously on the Government's response to the key recommendations of the Committee, such as that the Federal Government appoint a Coordinator-General to coordinate the national response to the PFAS contamination issue; undertake measures to improve participation in the voluntary blood testing program for PFAS; and assist property owners and businesses in affected areas for demonstrated, quantifiable financial losses associated with PFAS contamination, including the possibility of buybacks; and
(b) calls on the Federal Government to immediately release its response to the report of the Joint Standing Committee on Foreign Affairs, Defence and Trade report into management of PFAS contamination in and around Defence bases.
That the Senate—
(a) notes that:
(i) unprecedented bushfires across Australia have burnt at least 10 million hectares of land, primarily in New South Wales (NSW), Victoria and South Australia,
(ii) an estimated 800 million animals have been killed in NSW, with national impact to more than 1 billion animals, including kangaroos, koalas, bats and reptiles, and
(iii) wildlife carers have been on the frontline, rescuing and caring for injured animals, often at great emotional, financial, physical and emotional cost and sacrifice; and
(b) thanks wildlife carers for their work in saving animals during the recent horrific bushfires.
That the Senate—
(a) notes:
(i) the overall national toll for women killed by violence since the start of 2020 already stands at 7, as reported by Counting Dead Women Australia from Destroy The Joint,
(ii) there is no national government reporting program to record the ongoing toll of women killed by violence in real time,
(iii) on average, one woman is murdered every week by her current or former partner,
(iv) according to the Australian Bureau of Statistics Personal Safety Survey 201:
(A) more than 370,000 Australian women are subjected to violence from men each year,
(B) 1 in 3 Australian women has experienced physical violence,
(C) 1 in 5 Australian women has experienced sexual violence,
(D) 1 in 6 Australian women has experienced physical or sexual violence by a current or former partner,
(E) 1 in 4 Australian women has experienced emotional abuse by a current or former partner,
(F) Australian women are nearly three times more likely than men to experience violence from an intimate partner, and
(G) Australian women are 2 times more likely to be hospitalised for assault injuries arising from family and domestic violence than men, with hospitalisation rates rising by 23% since 2014-15;
(v) in 2017, young women aged 15-34 accounted for more than half of reported sexual assaults,
(vi) there is growing evidence that women with disabilities are more likely to experience violence,
(vii) Aboriginal and Torres Strait Islander women report experiencing violence at 3 times the rate of non-Indigenous women,
(viii) in 2016-17, Indigenous women were 32 times as likely to be hospitalised due to family violence as non-Indigenous women,
(ix) the Fourth Action Plan of the National Plan to Reduce Violence against Women and their Children 2010-22 states that the overall prevalence of violence against women will only start to decrease in the very long term as gender roles change,
(x) the Fourth Action Plan recognises that demand for domestic and family violence services has increased, and will continue to increase; and
(b) calls on the Federal Government to:
(i) recognise domestic violence against women as a national security crisis,
(ii) adequately fund frontline domestic, family and sexual 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 and family violence leave so that women don't have to choose between paying the bills and seeking safety,
(iv) ensure that all government funded counselling services for domestic and family violence are delivered by expert family violence service providers in accordance with the National Outcome Standards for Perpetrator Interventions,
(v) implement all 25 recommendations of the 2015 Senate Standing Committee on Finance and Public Administration report, Domestic Violence in Australia, tabled 20 on August 2015; and
(vi) maintain and publish an official real-time national toll of women killed by violence in Australia.
That the Senate—
(a) notes that:
(i) the 2020 City of Wanneroo Australia Day Awards were announced on 26 January 2020 at Wanneroo Showgrounds, Wanneroo, Western Australia, and
(ii) the City of Wanneroo Australia Day Awards have three categories, including the Charles Searson Australia Day Youth Award, which honours people under 25 who have made an significant contribution to their community;
(b) acknowledges:
(i) the winner of the 2020 Charles Searson Australia Day Youth Award, Miss Jayda Feifar of Girrawheen Senior High School, Girrawheen, Western Australia, for being a dynamic member of her school community and demonstrating effective leadership skills,
(ii) the following winners of the 2020 City of Wanneroo Australia Day Awards:
(A) 2020 Australia Day Individual Award, Daniel McEvoy of the Achievers Club WA, Girrawheen, Western Australia, for his dedication towards supporting students of lower socio-economic backgrounds with their studies, and
(B) 2020 City of Wanneroo Community Award, BAPS Shri Swaminarayan Mandir, Wangara, Western Australia, for its commitment to enhancing the community by providing support through a suite of outreach programs.
That the Senate—
(a) notes that 26 January 2020 was marked by added sorrow for many First Nations peoples due to the damage that has been done to country and sacred places from drought and bushfires;
(b) recognises that First Nations peoples have a long and deep history of looking after country;
(c) further notes that it is time to listen with respect as we learn from First Nations peoples about traditional burning practices, land management practices and regeneration of vegetation; and
(d) calls on the Federal Government to ensure First Nations peoples have a leading role in the fire and drought recovery process.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
There is a clear link between the burning of fossil fuels and worsening bushfires, and the Government must put in place a plan to eliminate climate pollution, including a phase out of thermal coal mining.
… no studies explicitly attributing the Australian increase in fire weather to climate change have been performed at this time.
To protect Australians from worsening bushfire conditions and natural disaster risks, Australia must accelerate and increase measures to tackle the root cause, climate change.
There's no question you can have a smelter run by batteries and renewables: wind and solar—
But you'd be bankrupt, you can't make money from it.
… it's a plant that operates very stably, it is a good technology, it just happens to be one of the most highest energy price markets on the planet.
I am not going to lie to anybody here, at this point in time it is a very, very challenging situation, and we are in discussions with the federal government and the state government and our utility providers ... in order to see ways to ensure the long term viability of those assets.
Our action though, is a balanced and responsible emissions reduction plan to reduce emissions by 26 per cent through to 2030.
That the Senate—
(a) notes that:
(i) Adani Mining has received a criminal conviction in relation to giving false and misleading information to the regulator in relation to unlawful clearing activities, and
(ii) criminal convictions are a trigger under section 145 of the Environment Protection and Biodiversity Conservation Act 1999 for review and revocation of approvals granted under that Act; and
(b) calls on the Federal Government to revoke Adani's environmental approvals related to its Carmichael Coal mine.
The Senate divided. [19:37]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) Asset Energy has announced that it will not proceed with plans for seismic testing in the Petroleum Exploration Permit 11 zone, which was originally planned for thousands of square kilometres of ocean from Newcastle through the Central Coast to Manly in New South Wales,
(ii) while this is welcome news for ocean life, exploration through drilling could occur soon causing irreversible damage to the marine environment, and
(iii) there is a climate emergency and further coal, gas or oil reserves should not be developed if we have any chance of preventing more than 1 degrees of warming; and
(b) calls on the Federal Government to cancel Petroleum Exploration Permit 11.
The Senate divided. [19:43]
(The President—Senator Ryan)
That the following bill be introduced: A Bill for an Act to amend the Australian Curriculum, Assessment and Reporting Authority Act 2008 and theAustralian Education Act 2013 , and for related purposes—Australian Education Legislation Amendment (Prohibiting the Indoctrination of Children) Bill 2020.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The purpose of this legislation is to give parents the legal right to protect their children from indoctrination at school.
Educators argue there is no need for legislation to protect children from indoctrination, because school children can use their critical thinking skills. That is a cop out, because students are no match for an adult using their positional power to instruct.
Parents have the responsibility to decide how their children will be educated, provided it is in the best interests of the children. Parents want their children educated, not indoctrinated.
Firstly the Bill seeks to prevent indoctrination by placing an obligation on the Australian Curriculum, Assessment and Reporting Authority to develop a balanced curriculum for States and Territories to adopt. This is currently not the case in many subject areas, including climate.
The current climate curriculum (ACSES092) states as fact that near surface temperatures are increasing, sea levels are rising and mountain glaciers are melting. Further, the Australian Curriculum says most agree that human activity is responsible for the majority of measured global warming. Climate science is far from settled however, with no one knowing the climate's sensitivity to increasing carbon dioxide in the atmosphere.
Secondly, the Bill seeks to tie federal education funding to the existence of State and Territory legislation which prohibits indoctrination in schools. Gender fluidity theory is widely taught in schools even though it is a medical and scientific fact that inheritance from your father of a Y chromosome makes you a biological male, and inheritance of an X chromosome from your father makes you a biological female.
Most parents do not support the promotion of gender fluidity theory being taught in schools and they are quite right because it is dangerous.
Parents can move their children to another school or home school them, but they ought to have the right to challenge indoctrination wherever it occurs.
I am going to use climate studies and gender studies as two examples of why we need the laws proposed in this Bill.
In 2007, Mr Stewart Dimmock challenged the way climate studies was being taught in English secondary schools where the government held beliefs identical to the ones now being taught to our children.
The court had the power to look at Mr Dimmock's concerns, because sections 406 and 407 in theUK Education Act 1996 dealt with indoctrination in schools.
The case concerned teaching materials described as the 'English Secondary Schools Climate Pack' which included Al Gore's film An Inconvenient Truth .
Two graphs presented in the film relate to a 650,000-year, time period. One graph shows increasing CO2 and the other increasing temperature. Al Gore says the two graphs provide evidence that increasing CO2 has caused increasing global temperature.
The Judge did not agree, finding the two graphs simply showed increasing CO2 and increasing temperature had occurred over the same time period.
The two graphs equally support the two opposing theories at the centre of the climate debate. Firstly, increasing CO2 is causing an increase in global temperature and secondlyincreasing global temperature is causing increasing CO2 .
Either Gore made an interpretative mistake or like the writers of the Australian Curriculum decided to support one of the theories about global warming.
Al Gore is a climate crusader, under no obligation to present both sides of the debate. In the UK, teachers and schools are obliged to present verifiable facts and provide a balanced presentation of theories which explain those facts. Unfortunately Australian teachers and schools are not under the same legal obligation.
The British Government gave an undertaking to the court to correct all the factual errors in the film, including Al Gore's interpretative mistake.
Three years after the Inconvenient Truth case finished and the judgement had been written , the United Nations Intergovernmental Panel on Climate Change (IPCC) owned up to a shocking scientific fraud concerning the melting of the Himalayan glaciers.
If the Judge had known that a media release from an activist group was the source of the scientific claim that the Himalayan glaciers were melting, he would not have relied on the IPCC documents tendered to the court as evidence. Sadly, Australian teachers and schools are still relying on IPCC reports which make claims that are not supported by science.
The IPCC is a repeat victim of dodgy scientists and dodgy science, meaning that the IPCC can no longer be considered an authoritative source on climate.
The Australian climate curriculum would benefit from the study of the Inconvenient Truth case, Glaciergate and Climategate scandals because students need to be open to the possibility they will be misled and lied to by scientists.
So how did teachers and teacher unions in the United Kingdom respond to the findings of the High Court of England? They were outraged that the Teacher Guidance Notes were re-written to include references to all the errors in the film. They were further outraged that the court found teachers were not experts in climate studies and would be required to warn pupils that there were other scientific opinions on global warming, and that students should not necessarily accept the views in Al Gore's film.
The largest teachers union in Wales questioned the right of any Judge to say what should be taught in schools and how.
I expect this attitude is widespread here in Australia, because educators feel they know better than parents.
The growing lack of quality education provided means that some students are worried about the future of planet earth. These indoctrinated young people believe the severity of the current bush fire season is attributable to man-made global warming, but like Al Gore they lack the necessary critical thinking and research skills to discover the real reason.
The real reason for the tragic loss of life and property in the past few months is the direct result of the government's failure to reduce fuel on the floor of national parks, and the government's failure to allow land-owners to clear their properties.
Exaggeration about global warming comes from groups, like Extinction Rebellion, who want to replace capitalism with socialism. Their environmental interests are just a means to that end.
I now want to turn to gender theory indoctrination in schools. It involves some teachers and schools pushing the idea that a child's biological sex does not determine whether you are male or female.
It is based on the theory of gender fluidity pioneered by Alfred Kinsey who believed children were sexual from birth and that the age of consent should be lowered to 7. The fathers of transgender theory, Dr Harry Benjamin and Dr John Money, liked Dr Alfred Kinsey's theory of gender fluidity and his ideas. They ruined the lives of an unknown number of children, including the Reimer twins, but still some teachers and schools in Australia are attempting to encourage gender confusion among children.
These teachers and schools have had some success because gender confusion is increasing among young children and teenagers. Even the Australian Medical Association is worried about the dramatic increase in children seeking hormone and surgical treatment for gender confusion. In Queensland it has been reported that the number of children and teenagers seeking hormone treatment has increased by 330% in the past five years.
The preoccupation with gender identity by some teachers and schools is correlated with an increase in children identifying as transgender, which is why I say these educators are transgendering our children.
So, how do educators create gender confusion at school?
In Queensland some teachers are reading stories like the Gender Fairy to 4 and 5-year-old children. The Gender Fairy shows young children that they can choose their gender, because their body parts don't make them a boy, or a girl.
In Western Australia some 8-year-olds are spending learning time dressing up as the opposite sex, using a government-supplied box of dress up clothes. By the time these students are in year 9 they will have a new vocabulary based on gender diversity theory, and they will have been taught the art of sex-texting and advanced sexual techniques.
In Queensland, the government has decided that parents cannot be allowed to know whether the 'Safe Schools' program is being taught in a school their child attends. The Safe Schools Coalition has labelled Queensland parents 'homophobic and transphobic' and says the government's decision to keep the program secret from parents is justified. I do not agree.
Advocates for the Safe Schools program say this program and others like it promote equality of opportunity and combat bullying at school. In practice nothing could be further from the truth, because girls are being bullied into losing their rights.
Students who do not show the required level of enthusiasm for the radical LGBTQI agenda, including materials like the Genderbread Person, are humiliated and embarrassed by teachers, according to reports from parents.
School policies in every State and Territory are based on the belief it would be discriminatory to separate biological males from girls with whom they share the same gender identity.
Transgender policies in the education system mirror policies underpinning the laws in Australia where biological sex has been redefined to include chosen gender identity. These policies provide a small number of transgender people with rights at the expense of the majority, particularly girls and women.
The following recent case came before a Canadian court, but could just as easily have come before the Human Rights Commission in Australia: Jessica Yariv now identifies as a transgender woman. Jessica has also sought relationships with underage girls.
In 2018 Jessica complained to the British Columbia Human Rights Tribunal, because several women in beauty salons had declined to provide waxing and other beautician services to Jessica's male genitals. Jessica argued that the women were guilty of transphobic discrimination.
The case was lost in 2019, in part because the court found Jessica was motivated by money and revenge on South East Asian women who held ideas hostile to LGBTQ people.
The point I want to make is that the re-definition of a person's biological sex as gender identity in law will be abused.
Policy makers say they want to protect minorities. There is nothing wrong with that, but when educators protect the rights of a minority by stripping girls of their rights then something is wrong. We all see that in the decision of education bureaucrats to provide unisex toilets at the Fortitude Valley State Secondary College.
I understand the school, which opened in 2020, has now changed its unisex toilet policy and returned to segregated toilets. This decision followed angry protests from parents and students, but that does not end the matter.
The Queensland Government needs to explain why boys and girls aged 12 and 13 had to give up their right to dignity, safety and privacy. Is it to accommodate the needs of one transgender child who may attend the school?
If the school suggests that all they are doing is creating the same situation as the children have at home, I can tell them that explanation met with outrage at another school.
The decision to force children to use unisex toilets is just part of larger plan to get children preoccupied with gender issues.
Other policies which aid gender preoccupation include gender neutral uniforms, library policies to buy gender theory affirming books, and teachers putting gender theory stories on reading lists.
How did we get to the situation where schools are preoccupied with gender theory issues?
It begins with a belief that our experience is rooted in our membership of gender group, and that membership of that gender group makes it more likely we will suffer discrimination and oppression. These left leaning elites see life as one long battle of identity groups for social justice.
Identity politics causes division and undermines democracy, which is precisely what socialists and progressives want because it undermines our democracy, which is based on common interests. We need to stop that kind of indoctrination at schools where it starts.
In 2017 President Trump rolled back the transgender rights put in place by Obama. We should do the same.
Our children deserve an education that will allow them to reach their potential and will, as the late Roger Scruton stated, provide society with a store of knowledge to be passed from one generation to another.
We want our children educated for life and not indoctrinated so they can be controlled by others, and we need laws to guarantee parents' rights to challenge indoctrination.
Australian 15-year-olds are falling behind their counterparts on global tests of literacy and numeracy. The curriculum is over-crowded. I suggest teachers and schools focus on the basics, so our children don't leave school with skill levels three years behind their global counterparts.
In my view parents should be required to give their consent to their child's participation in the teaching of LGBTQI+ theory. Parents do not have that right, but they can move their child to another school or home school them.
By now I would have hoped the Liberal Government would have acted to protect our children from indoctrination, but they have not which leaves it to One Nation to draw attention to this problem and offer up a solution.
That the Senate—
(a) notes that the Government cut the access of Australian users to CapTel through the National Relay Service (NRS) on 1 February 2020;
(b) welcomes the actions of Ultratech, a US-based company, to establish an interim CapTel service for Australian users;
(c) notes the statement by the Ultratech CEO, Mr Rob Engelke, on 1 February 2020:
"I have been genuinely moved by the outpouring of heartfelt messages from Australians who are clearly distressed and frightened about living without CapTel. CapTel has been available for over ten years in Australia and I believe it is not acceptable to leave CapTel users without access to family, friends, employment, emergency services and the myriad ways that all of us use the telephone".
"Therefore, as a temporary measure, I have instructed our American captioning centers to support existing Australian CapTel handsets so that they will continue to operate with captions while, we investigate long-term options based in Australia".
(d) further notes that:
(i) cutting access to CapTel through the NRS has created distress for senior deaf and hearing impaired Australians, and a permanent loss of service would negatively affect their quality of life and sense of security and safety at home,
(ii) while the Government has been prepared to protect a Cabinet Minister whose administration of the $100 million community sports grant program has been criticised by the Auditor-General, they have not been prepared to protect the dignity and wellbeing of senior deaf Australians, and
(iii) the Minister for Communications, Cyber Safety and the Arts, has now attempted to blame the 2013 Labor Government, the public service, the previous relay provider, and recently the US technology licensee, for the Government's own decision to cut funding and services;
(e) condemns the Government for its lack of consultation with CapTel users, or their concerned family members, before imposing a decision that would affect their welfare; and
(f) calls on the Minister for Communications, Cyber Safety and the Arts to stop the misinformation and buck passing, and move urgently to reach an agreement to secure ongoing access to CapTel.
The Senate divided. [19:53]
(The President—Senator Ryan)
(1) That the Senate notes that:
(a) the Senate passed the Australian Greens' National Integrity Commission Bill 2018 (No. 2) on 9 September 2019 to establish a federal corruption watchdog with broad remit to investigate allegations of corruption and misconduct, and to ensure strong, independent oversight of the actions of parliamentarians; and
(b) public consultation on the Commonwealth Integrity Commission model proposed by the Government ended more than one year ago, but the Government has yet to introduce legislation to establish an integrity commission,
(2) That the Senate calls on the Federal Government to bring on the Australian Greens' National Integrity Commission Bill 2018 (No. 2) in the House of Representatives for a vote in the February 2020 sittings.
(3) That this resolution be sent to the House of Representatives for concurrence.
The Senate divided. [19:58]
(The President—Senator Ryan)
The Senate divided. [20:09]
(The President—Senator Ryan)
That the Senate take note of the document.
As National Children's Commissioner, I want to see that all Australia's children grow up loved, safe and respected, are heard, and have every opportunity to realise their full potential.
Dear Mr President
I write with regard to a question I took on notice from Senator Kitching during Question Time on Thursday 6 February 2020 on the matter of the report prepared by Secretary Gaetjens.
I can advise that Secretary Gaetjens was asked by the Prime Minister to prepare the advice on the adherence to the Statement of Ministerial Standards by Senator McKenzie and it was considered by the Governance Committee of Cabinet.
It is longstanding practice, and stated in the Cabinet Handbook, not to disclose information about the operation and business of Cabinet, as to do so could potentially reveal the deliberations of the Cabinet, which are confidential.
The Secretary has discussed the report with Senator McKenzie.
I have copied this letter to the Prime Minister and Senator Kitching.
Kind regards
Mathias Cormann
Minister for Finance
10 February 2020
Australian Business Growth Fund Bill 2019
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 introduces new legislation that authorises the Commonwealth Government to participate in forming, and acquiring shares in or debentures of, the Australian Business Growth Fund (BGF), and appropriates $100 million for that purpose.
The Australian BGF's purpose will be to offer growing, established companies and entrepreneurs patient capital and strategic support, to assist them to reach their growth potential.
With better access to more competitive finance, SME's will be able to grow, fulfil their potential and continue to underpin Australian economic growth and employment.
Small and Medium Enterprises (SMEs) are a key driver of activity and growth in the Australian economy. SMEs generate employment, drive innovation and boost competition in markets. In 2016-17, there were over 2.2 million SMEs (those employing up to 199 employees) in Australia, accounting for around 68 per cent of private sector employment. Furthermore, a culture of innovation in business is a key factor in boosting Australia's productivity over the medium- to long-term.
A challenge for SMEs seeking to grow can be access to capital. In 2018, the Reserve Bank of Australia released a report outlining the difficulties Australian SMEs face in accessing finance.
Australia currently lacks a patient capital market for SMEs. Patient capital can provide entrepreneurs the finance needed to expand without relinquishing control of their business. Patient capital equity funds established in the UK and Canada have shown that there is a demand for this type of finance and that patient capital investment can be profitable for investors.
The Australian BGF has been modelled on the established UK and Canadian equivalents where a company collectively owned by financial institutions provides long term capital and business guidance to small and medium businesses.
The Australian BGF will provide long-term patient capital to a number of small and medium businesses each year. Small businesses will have to demonstrate three years of revenue
Established Australian businesses will be eligible for long-term equity capital investments growth and profitability and a clear growth vision in order to be eligible to receive capital from the BGF. Business seeking support can be from across Australia (from metropolitan areas to regional Australia). Support offered will be both financial (investment) and non-financial (provision of strategic advice, mentoring, talent management and network referrals for small businesses to access). between $5 million and $15 million, where they can demonstrate three years of revenue growth and profitability and a clear growth vision.
The BGF's investment stake will be between 10 and
40 per cent, allowing small business owners to maintain controlling interest, while also allowing the BGF to have sufficient influence to encourage business growth.
To facilitate sufficient support for the small business market and using international precedent as a guide, the BGF's initial fund size is anticipated to be around $500 million, with potential to grow to around $1 billion. Its size however will be dependent on the number of financial institutions that participate and the amount they invest, and will be subject to further analysis of market opportunity and demand.
Last week, I announced that the Government had agreed key terms with NAB, CBA, Westpac and ANZ where each of us will invest $100 million and HSBC and Macquarie Group $20 million each. If the Parliament passes this legislation, it will allow the Government to invest in the Australian Business Growth Fund which will see $540 million invest in Australian small and medium businesses allowing these businesses to reach their full potential. I would like to thank NAB for leading their work in leading the working group that has bought the parties to this point.
Full details of the measure are contained in the Explanatory Memorandum.
Trade Support Loans Amendment (Improving Administration) Bill 2019
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Today I am introducing the Trade Support Loans Amendment Bill. This Bill will improve the administration of the Trade Support Loans (TSL) program by providing another avenue for Australian Apprentices to pay overpayment debts. During the 2018-19 financial year, the Trade Support Loans Program provided financial support to 55,998 Australian Apprentices to assist with everyday costs whilst completing their apprenticeship.
The measure proposed by this Bill will allow TSL overpayments to be managed with minimum administrative burden on Australian Apprentices.
An example of when an overpayment might occur is where an Australian Apprentice temporarily ceases their apprenticeship and an instalment of TSL is made before the Department is notified of the apprenticeship ceasing. In such circumstances, instead of the Australian Apprentice being invoiced to repay the amount back to the Commonwealth, under this Bill the delegate can reduce the amount of future payable instalments, effectively offsetting the overpayment against those instalments.
This Bill will provide legislative footing for offsetting as a way of recovering overpayment debts.
The Bill also aligns the TSL written notification periods to allow for more flexibility:
continue to support Australian Apprentices whilst undertaking their apprenticeship. This Bill is part of Government's ongoing commitment to reducing red tape and safeguarding the integrity and reputation of its income contingent loan programs.
I commend the Bill.
Treasury Laws Amendment (Research and Development Tax Incentive) Bill 2019
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Government is committed to backing R&D in Australia and the economic opportunities and jobs it creates.
In 2019-20 the Government's total support for R&D is estimated to be around $9.6 billion. This includes almost $400 million for our Medical Research Future Fund and record funding of over $860 million for Australia's national science agency — the CSIRO.
Today the Government is reintroducing legislation to reform the Research and Development Tax Incentive — reforms that will ensure that the tax incentive remains an effective and sustainable part of Australia's overall support for R&D.
The reforms, announced in the 2018-19 Budget, are a response to the 6 month '3-Fs' review into the incentive - chaired by the former Treasury Secretary, John Fraser, then Chair of Innovation Australia, Bill Ferris, and Australia's Chief Scientist, Alan Finkel.
That Review found that the incentive is falling short of meeting its objectives of supporting additional R&D activities that generate broader benefits for the Australian economy.
The measures contained in this Bill respond to these findings.
The key reforms to the incentive are contained in Schedule 1 to the Bill.
Firstly, the existing flat premium available to companies above an annual turnover of $20 million is being changed to one that increases as a company's R&D intensity increases. This will provide an incentive for companies to increase their R&D expenditure.
Relative to the Bill introduced in the previous Parliament, the intensity test has also been simplified with a three tier test replacing the previous four tier system.
Secondly, the maximum amount of R&D expenditure eligible for concessional R&D tax offsets will increase from $100 million to $150 million per annum. This gives the largest investors in R&D an incentive to keep their R&D activities in Australia.
Importantly, the start date of the measure has been deferred by 12 months so that the Smaller companies, with an annual turnover below $20 million, will continue to be supported by the Government through fixed R&D support of 13.5 percentage points above their company tax rate. To ensure the sustainability of the regime, they will have their annual cash refunds capped at $4 million, twice the amount recommended in the Review. Clinical trials are exempt from this cap.
changes apply from income years commencing on or after 1 July 2019.
Schedule 2 of this Bill will introduce a number of amendments into the income tax law to bolster the integrity of the incentive. These changes will ensure that the concessional treatment available under the incentive is only claimed by those companies undertaking genuine Research and Development.
Schedule 3 of this Bill makes a number of changes to the tax incentive regime to improve public accountability and transparency.
This includes the public disclosure of claimant details and the R&D expenditure they have claimed. Furthermore, the Board of Innovation and Science Australia will have the ability to make public determinations and binding decisions about R&D eligibility, providing greater clarity to claimants as to what is eligible.
In better targeting and improving the integrity and sustainability of the Research and Development Tax Incentive, the reforms in this Bill will ensure that the Incentive remains an important part of the Government's overall support for Research and Development in Australia.
Full details of these measures are contained in the explanatory memorandum.
Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Bill 2019
Treasury Laws Amendment (Combating Illegal Phoenixing) Bill 2019
Treasury Laws Amendment (2018 Measures No. 2) Bill 2019
Under paragraph 327(1)(i) of the Credit Act, decisions made by ASIC are only subject to AAT review if the regulations specifically provide for this. As such, to ensure consistency across the application of the Corporations and Credit Acts to the regulatory sandbox, the Government intents that the regulations would specifically provide for AAT review for ASIC decisions relating to exemptions from the ACL requirements.
In order to facilitate the development of new Fintech products, ASIC's 'regulatory sandbox' allows new products to be tested in the Australian market for 12 months without requiring financial advisers or dealers of the product to first obtain an Australian Financial Services Licence (AFSL) or Australian Credit Licence (ACL).
The licensing exemption is limited to those providing financial advice on the relevant products…
… financial advisers or dealers of the product to first obtain an Australian Financial Services Licence—
It is not available to issuers of the product—
… limited to those providing financial advice on the relevant products or those dealing in the products. It is not available to issuers of the product.
New funds … market on providing values alignment with members by investing in ethical, green, sustainable and tech related options. Fees on these new products are well above the industry average …
(1) Schedule 1, item 2, page 4 (lines 16 to 21), omit subsection 926B(3), substitute:
FinTech sandbox exemption
(3) A FinTech sandbox exemption may apply unconditionally or subject to specified conditions.
(3A) A FinTech sandbox exemption does not apply in relation to a person and a financial service unless:
(a) the person has lodged a notification in relation to the service with ASIC that complies with subsection (3B); and
(b) the 30-day period starting on the day the notification was so lodged has ended without ASIC giving the provider written notice of a decision under subsection (3C) relating to the notification.
(3B) For the purposes of paragraph (3A) (a), the person must lodge a notification with ASIC that includes the following:
(a) a description of each financial service (including of any related kind of financial product) for which the person is proposing to use the exemption;
(b) a justification of why exempting each of those financial services will result, or be likely to result, in a benefit to the public that will outweigh the detriment to the public that will result, or be likely to result, from exempting that service;
(c) any other information required by regulations made for the purposes of this paragraph.
(3C) ASIC may, after considering the notification referred to in paragraph (3A) (a), decide it is not satisfied of one or more of the following:
(a) that the financial service:
(i) is new; or
(ii) is a new adaptation, or new improvement, of another financial service;
(b) that exempting the financial service will result, or be likely to result, in a benefit to the public that will outweigh the detriment to the public that will result, or be likely to result, from exempting that service;
(c) that any other condition prescribed by regulation s made for the purposes of this paragraph is met.
(2) Schedule 1, item 2, page 4 (line 22), omit "an exemption", substitute "a FinTech sandbox exemption".
(3) Schedule 1, item 2, page 4 (line 26), omit "An exemption described in subsection (3)", substitute "A FinTech sandbox exemption".
(4) Schedule 1, item 2, page 4 (after line 28), at the end of section 926B, add:
(6) In this section:
FinTech sandbox exemption means an exemption that:
(a) is made for the for purposes of paragraph (1) (a); and
(b) exempts a person or class of persons from subsection 911A(1) to enable testing of particular financial services.
(5) Schedule 1, item 5, page 5 (lines 10 to 14), omit subsection 110(2), substitute:
FinTech sandbox exemption
(2) A FinTech sandbox exemption may apply unconditionally or subject to specified conditions.
(2A) A FinTech sandbox exemption does not apply in relation to a person and a credit activity unless:
(a) the person has lodged a notification in relation to the activity with ASIC that complies with subsection (2B); and
(b) the 30-day period starting on the day the notification was so lodged has ended without ASIC giving the provider written notice of a decision under subsection (2C) relating to the notification.
(2B) For the purposes of paragraph (2A) (a), the person must lodge a notification with ASIC that includes the following:
(a) a description of each credit activity (including of any related kind of credit activity) for which the person is proposing to use the exemption;
(b) a justification of why exempting each of those credit activities will result, or be likely to result, in a benefit to the public that will outweigh the detriment to the public that will result, or be likely to result, from exempting that activity;
(c) any other information required by regulations made for the purposes of this paragraph.
(2C) ASIC may, after considering the notification referred to in paragraph (2A) (a), decide it is not satisfied of one or more of the following:
(a) that the credit activity:
(i) is new; or
(ii) is a new adaptation, or new improvement, of another credit activity;
(b) that exempting the credit activity will result, or be likely to result, in a benefit to the public that will outweigh the detriment to the public that will result, or be likely to result, from exempting that activity;
(c) that any other condition prescribed by regulations made for the purposes of this paragraph is met.
(6) Schedule 1, item 5, page 5 (line 15), omit "an exemption", substitute "a FinTech sandbox exemption".
(7) Schedule 1, item 5, page 5 (line 19), omit "An exemption described in subsection (2)", substitute "A FinTech sandbox exemption".
(8) Schedule 1, item 5, page 5 (after line 21), at the end of section 110, add:
(5) In this section:
FinTech sandbox exemption means an exemption that:
(a) is made for the for purposes of paragraph (1) (a); and
(b) exempts a person or class of persons from subsection 29(1) to enable testing of particular credit activities.
The Senate divided. [21:48]
(The Temporary Chair—Senator Walsh)
That this bill be now read a third time.
During my mother's too-frequent absences in hospital he would cook for me, dress me, read to me until late at night and look after me generally. It must have been difficult for a man approaching—and reaching—the age of 80 with severe diabetes to cope with an active infant and a sometimes very sick wife, yet all I remember is happiness.
I had lived at home with doting parents who treated me like a little prince. Christ Church was mainly for farmers' children, with whom I had nothing in common. I got bad advice that if anyone bullied me, ignore them. That got me bullied worse. Finally I threw a boy out of a second-storey window and the bullying stopped.
We are here to protect the Fitzroy and Margaret River from development. It's important to all of us Aboriginal and non-Aboriginal people who enjoy this river for fishing and for taking children swimming, camping and learning about the environment. It's important for everyone to support us the Traditional Owners and Elders and all the groups who live off this River.
We're here to protect the Fitzroy River. We're asking the Government to protect our River, our catchment.
We are not going to allow people to take the water out of this River. We don't want to see dead fish like the Murray Darling. We've got to stand up for the Fitzroy.
We want to protect those sawfish, Biyal Biyal we call them. We don't want anything happening to this Fitzroy River, we're telling Premier McGowan, we want this River to be like it was 40,000 years ago and from the Dreamtime, Boogadigadda, as it was passed down from our ancestors.
This is about all of us standing for the River - we are all connected to one living River system. This River has a right to life and we as people must stand and defend the Rivers right to life.
Nyikina Mangala people are downstream and we are the ones who will be most impacted by what happens upstream. We must stand united. We need to ALL stand together united, we need 'One Mind and One voice', for the whole River.