The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Bill 2020
Are the universities mere technical schools, or have they as one of their functions the preservation of pure learning, bringing in its train not merely riches for the imagination but a comparative sense for the mind, and leading to what we need so badly—the recognition of values which are other than pecuniary?
Our great function when we approach the problem of education is to equalise opportunity to see that every boy and girl has a chance to develop whatever faculties he or she may have, because this will be a tremendous contribution to the good life for the nation.
Maybe I could try a hypothetical on you. Let's suppose a university is one science student below its quota, its cap. Then adding one science student takes it up to its cap. A university could instead add 15 humanities students to take it up to the cap. Now the science student is going to net you $24,000 or $25,000. Fifteen humanities students will net you around $235,000. There's the potential for universities to be driven by that factor…
Students lead complex lives. Within CQUniversity's student profile, most are working, and many are supporting partners and parents, and as such this aspect of the proposed legislation is potentially extremely limiting and inequitable for them.
This is particularly prevalent—
for those students who come from underrepresented or disadvantaged backgrounds, including low socioeconomic, regional, rural and remote and Indigenous students. Given one intent of the Job Ready Graduates package is to increase Indigenous student participation rates in Higher Education through the introduction of a demand-driven funding allocation, this amendment seems counterproductive and detrimental to their overall success.
Should this Bill be passed, the direct result will be the under-resourcing of commonwealth supported students by public universities already under substantial financial pressures due to the COVID-19 crisis, with sector losses currently projected to be around $16b over the next 3 years and 21,000 full time equivalent (FTE) job losses.
At present universities are applying their vague codes of conduct on top of academic freedom of speech—this means academics have to be 'respectful' and 'collegiate'.
Senator Hanson and Senator Roberts … since they entered this parliament, line up with the LNP to pass legislation …
… One Nation candidates out there masquerading as the people who are standing up for battlers in our community.
Senator Hanson and her party … come down to Canberra and they vote with the Liberal and National parties …
… (1) employers, through having a more productive, innovative and multidisciplinary workforce; (2) the broader community, through better informed citizens and a better understanding of our place in the world; (3) graduates, through increasing their lifetime earnings by increasing wages and job prospects; and (4) our society, through the contributions of Humanities research to improved social outcomes.
A large financial burden is being shifted to these future workers who will fill important professional roles required by industry.
… the package has clearly been rushed out to achieve savings that the government has been seeking since 2014, but has been unable to secure; it's more marketing than substance—
it's riddled with mistakes; and arguments enunciated for it do not withstand scrutiny.
The position of some stakeholders in the higher education sector is inexplicable. They've argued that the package should be supported to bring certainty to the sector. It will do the opposite. Regional universities will be subject to this uncertainty, and they bear a disproportionate share of it …
… the answer is simply Justice Ginsburg. As a litigator and then as a judge she changed the face of American antidiscrimination law.
That the Senate take note of the statement.
That the Senate take note of the answers given by the Minister for Finance (Senator Cormann) and the Minister for Families and Social Services (Senator Ruston) to questions without notice asked today.
… here, I mean you have been critical about too much debt being racked up and yet at the same time you want the government to spend more on JobKeeper as you've pointed out, JobSeeker - aged care, social housing, universities, child care. Can you just clear up, do you want the government to spend more or less?
That the Senate take note of the response given by the Minister for Finance (Senator Cormann) to a question without notice asked by Senator Waters today relating to the budget.
That the Senate records its deep sorrow at the death, on 12 September 2020, of the Honourable John Joseph Fahey AC, former Minister for Finance and Administration and former Member for Macarthur, places on record its gratitude for his service to the Parliament and the nation, and tenders its profound sympathy to his family in their bereavement.
They also taught me to think for myself and that is why I am a member of the Liberal Party. I have never voted Labor, as some scribes have written. The Liberal Party stands for all Australians, not any vested interest group such as the unions, and it supports reward for effort. Nothing is more Australian.
The simple fact of the matter is that the fiscal responsibility of recent times has without the slightest doubt given Australia a far better future than it could ever have hoped to have had.
We deserve this one. We got it and now we're going to put on a fantastic games. I remember jumping probably higher than I've ever jumped in my life before.
He inspired loyalty and his patience, kindness and above all, his willingness to chat with everyone created an army of people willing to go the extra mile. More than one staff member despaired of his schedule as he genially derailed meetings with questions about rugby, family and life in general. It was a mark of the man that his interest was as deep and genuine in the humblest worker as the most senior person in the room.
That leave of absence be granted to Senator Pratt for Wednesday 7 October 2020, for personal reasons.
That—
(1) To ensure appropriate consideration of time critical bills by Senate committees, the provisions of all bills introduced into the House of Representatives after 8 October 2020 and up to and including 29 October 2020 that contain substantive provisions commencing on or before 1 January 2021 (together with the provisions of any related bill) are referred to committees for inquiry and report by 26 November 2020.
(2) The committee to which each bill is referred shall be determined in accordance with the order of 13 February 2020, as amended, allocating departments and agencies to standing committees.
(3) A committee to which a bill has been referred may determine, by unanimous decision, that there are no substantive matters that require examination and report that fact to the Senate.
(4) This order does not apply in relation to bills which contain:
(a) no provisions other than provisions appropriating revenue or moneys (appropriation bills); and
(b) commencement clauses providing only for the legislation to commence on Royal Assent.
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Services Australia—Proposed fit-out of new leased premises at 52-62 King William Street, Adelaide.
That the Senate—
(a) notes that:
(i) 3 September is Merchant Navy Day, and
(ii) the Merchant Navy was comprised of mostly civilian crews and was responsible for ensuring that valuable cargo reached the personnel who needed it most; the merchant navy ships and their crew – merchant mariners – often served in very challenging and dangerous circumstances – many did so without defences as they were often unarmed, and merchant vessels were attacked in distant waters and within sight of the Australian coastline, while crossing common trade routes;
(b) acknowledges the invaluable role the Merchant Navy has played in the more than 100 years since it first served our nation, especially in both world wars; and
(c) pays tribute to the bravery and sacrifices of our merchant mariners, who have served our nation with distinction.
That the Senate—
(a) acknowledges that Rotary Australia will celebrate its centenary anniversary and first 100 years of service in 2021; and
(b) notes that:
(i) the first Australian Rotary Clubs were founded in Melbourne and Sydney back in 1921,
(ii) there are approximately 30,000 members who belong to one of the 1,100 charter Rotary Clubs established throughout Australia, and
(iii) Australian Rotary Clubs are part of a larger international network of business, professional and community leaders who seek to make the world a better place through practical efforts at the local level.
That the Senate notes that:
(a) 25 August 2020 marked three years since over 700,000 Rohingya, including more than 400,000 children, fled from targeted violence in Myanmar's Rakhine State, to Bangladesh;
(b) the camps in Bangladesh now host over 850,000 refugees in crowded conditions; which is also impacting the lives of over 400,000 local Bangladeshis;
(c) an estimated 600,000 Rohingya remain in Rakhine State;
(d) since 2017, the Australian Government has provided over $260 million in lifesaving humanitarian assistance for displaced and conflict-affected communities in Bangladesh and Myanmar, working through UN agencies; international and national NGOs such as BRAC, Save the Children, CARE, World Vision, Plan and Oxfam and their local partners to deliver food, shelter; water and sanitation, health and education services; and targeted support for women and girls to help combat risks including gender-based violence and trafficking;
(e) annual monsoons and cyclones have brought additional risks and the COVID-19 virus has now arrived with 270 confirmed cases to date in the Cox's Bazar camps and over 1800 active cases in Rakhine; and
(f) Australia remains committed to supporting Myanmar to create conditions on the ground conducive to voluntary, safe, dignified and sustainable returns for all displaced people.
That the Senate—
(a) notes:
(i) recent research by the Australian National University which confirms that non-smokers who vape are three times more likely, on average, to take up tobacco smoking, and
(ii) that researchers observed that, for people trying to quit tobacco smoking, e-cigarettes tend to result in prolonged use of nicotine, rather than cessation;
(b) further notes that:
(i) the Therapeutic Goods Administration has not approved e-cigarettes as smoking cessation aids,
(ii) nicotine e-liquid is not commercially available within Australia and is meant to be imported with a prescription for personal use, though there is currently little stopping people buying these liquids online and importing them without prescription, and
(iii) the Government is consulting on proposed new rules that will, from next year, close this loophole by making a prescription a legal requirement for personal purchase of nicotine e-liquid, through domestic pharmacies or online sellers;
(c) acknowledges the concern of the Royal Australian College of Physicians that the proposed Senate select committee inquiry on 'tobacco harm reduction' is unnecessary, and that the safest option for the community is to not use tobacco or e-cigarettes; and
(d) calls on the Government to resist any attempts to weaken the laws surrounding vaping and nicotine e-liquids.
That the Senate—
(a) notes that:
(i) prior to 2012, the koala was not protected under Commonwealth law,
(ii) on 22 September 2011, the Senate Environment and Communications References Committee tabled the report of its inquiry into the status, health and sustainability of Australia's koala population which, among other things, unanimously recommended that the Minister for the Environment consider listing the koala as a vulnerable species under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act),
(iii) on 2 May 2012 the Minister for the Environment listed koala populations in New South Wales, Queensland and the Australian Capital Territory as a vulnerable species under the EPBC Act, and
(iv) one-third of New South Wales' koala population is estimated to have been killed in the 2019-20 bushfires; and
(b) welcomes and supports the New South Wales Government's State Environmental Planning Policy (Koala Habitat Protection) 2019 instrument as being consistent with the koala's status under the EPBC Act and as a significant measure aimed at further protection of vulnerable and threatened New South Wales koala populations.
That the Senate—
(a) notes that:
(i) 15 October 2020 marks International Pregnancy and Infant Loss Remembrance Day,
(ii) on 15 October 2020, parents, families and friends will memorialise babies lost through miscarriage, stillbirth and infant death, and
(iii) this day is an opportunity to officially acknowledge the loss experienced by parents and families across Australia;
(b) acknowledges that in Australia:
(i) approximately one in four pregnancies result in miscarriage – 103,000 every year,
(ii) in 2018, 2,419 lives were lost due to stillbirth or newborn death,
(iii) despite medical advancements, stillbirth rates have not changed in two decades,
(iv) the rate of stillbirth and newborn death is higher in Aboriginal and Torres Strait Islander peoples, and
(v) the bipartisan Senate Select Committee on Stillbirth Research and Education tabled its report with 16 recommendations on 4 December 2018;
(c) extends condolences and sympathies to the families who have suffered a miscarriage, a stillbirth or infant death;
(d) acknowledges that social distancing restrictions – necessary during COVID-19 – have compounded the grief and sorrow for families mourning their stillborn babies; and
(e) commends every person who has supported parents and families through their journey from the loss of a baby.
That items 1 to 3 of Schedule 1 and item 4 of Schedule 2 of the Social Security (Coronavirus Economic Response—2020 Measures No. 14) Determination 2020, made under the Coronavirus Economic Response Package Omnibus Act 2020 and theSocial Security Act 1991 , be disallowed [F2020L01093].
That the Senate opposes bringing forward the start date of the already legislated personal income tax cuts.
The Senate divided. [16:57]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) the Government's climate-wrecking 'gas-led recovery' plan includes coal seam gas drilling in Narrabri and a gas-fired power plant in the Hunter region of New South Wales (NSW),
(ii) on 30 September 2020, the NSW planning commission approved the Santos Narrabri coal seam gas project despite more than 20,000 submissions opposing it,
(iii) greenhouse gas emissions from the Narrabri gas project are estimated to be 128 million tonnes over the life of the project,
(iv) the gas industry creates just 0.3 jobs for every million dollars spent, and
(v) coal seam gas drilling in Narrabri will increase carbon emissions, worsen the climate crisis, endanger farmers' livelihoods and jeopardise precious natural habitats, Aboriginal heritage sites, farmland and food and water security; and
(b) calls on the Federal Government to abandon their so-called 'gas-led recovery' plan, and commit to phasing out coal and gas and making Australia a 100% renewable energy superpower by 2030.
The Senate divided. [17:02]
(The President—Senator Ryan)
That Part 1 of Schedule 2 of the Social Security (Coronavirus Economic Response—2020 Measures No. 14) Determination 2020, made under the Coronavirus Economic Response Package Omnibus Act 2020 and theSocial Security Act 1991 , be disallowed [F2020L01093].
The Senate divided. [17:09]
(The President—Senator Ryan)
That—
(a) the Senate notes that:
(i) when the Federal Circuit and Family Court of Australia Bill 2019 and a related bill were referred to the Legal and Constitutional Affairs Legislation Committee in December 2019, it was done so on the basis that the Legislation Committee would report after the Joint Select Committee on Australia's Family Law System had reported on 7 October 2020,
(ii) on 31 August 2020 both Houses of Parliament agreed to extend the reporting date for the Joint Select Committee to the last sitting day in February 2021 due to COVID-19, and
(iii) a new date of 31 March 2021 for the Legislation Committee to report would allow the committee one month to consider the final report of the Joint Select Committee and finalise its own report; and
(b) the time for the presentation of the report of the Legal and Constitutional Affairs Legislation Committee on the provisions of the Federal Circuit and Family Court of Australia Bill 2019 and the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Bill 2019 be extended to 31 March 2021.
The Senate divided. [17:17]
(The President—Senator Ryan)
That there be laid on the table by the Minister representing the Attorney-General, by no later than 3.30 pm on 8 October 2020, the unclassified version of the report by Dennis Richardson AC titled Comprehensive review of the legal framework governing the national intelligence community .
That the Senate—
(a) notes that:
(i) mining giant Rio Tinto has been lobbying the Morrison Government to transfer environmental approval powers to the Western Australian Government since at least August 2019, freedom of information documents reveal,
(ii) Rio Tinto is responsible for the devastating destruction of 46,000-year-old sacred site Juukan Gorge.
(iii) the Government has proposed amendments to Australia's environment laws before the completion of a 10-year review into the Environment Protection and Biodiversity (EPBC) Act, that will devolve environmental approval powers to the states as Rio Tinto has urged, and
(iv) the Government's EPBC amendment bill will make it easier for Rio Tinto to blow up cultural heritage sites and for mining companies to get approval for projects that damage the environment under weaker state laws; and
(b) calls on the Government to:
(i) stop doing the bidding of fossil fuel companies like Rio Tinto; and
(ii) put environmental and cultural heritage protection ahead of corporate profits of mining companies.
The Senate divided. [17:25]
(The President—Senator Ryan)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The Morrison Government's budget for millionaires is a disaster for our climate and for economic equality, driving the expansion of dirty gas and giving billions in corporate handouts
The Morrison government's budget for millionaires is a disaster for our climate and for economic equality, driving the expansion of dirty gas and giving billions in corporate handouts.
That the Senate take note of the document.
That the Senate take note of the report.
Climate change was the driver of the record-breaking extreme weather conditions that led to the catastrophic bushfires. Any remaining doubt on the clear causal linkages between climate change and worsening bushfire seasons driven by extreme weather needs to be comprehensively refuted in the Inquiry Report.
…that, as a matter of priority, the Commonwealth Government release funding for mitigation projects through the Emergency Response Fund.
Recommendation 4
2.141 The committee recommends that the Commonwealth Government review, with a view to increase, the rate of the Australian Government Disaster Recovery Payment and the Disaster Recovery Allowance as a matter of priority.
Recommendation 7
4.95 The committee recommends that the Commonwealth Government make the Better Access Bushfire Recovery initiative and the Better Access Bushfire Recovery Telehealth initiative permanent mental health support services, with both initiatives properly funded over the forward estimates.
Recommendation 8
6.59 The committee recommends that the Commonwealth Government develop a business case to progress the establishment of a permanent, sovereign aerial firefighting fleet, …
Updated Australian Government Response
Environment and Communications References Committee Inquiry Interim Report:
Australia's Faunal Extinction Crisis
October 2020
Introduction
On 27 June 2018, the Senate referred the following matter to Environment and Communications References Committee (the committee) for inquiry and report by 4 December 2018.
Australia's faunal extinction crisis, including:
a. the ongoing decline in the population and conservation status of Australia's nearly 500 threatened fauna species;
b. the wider ecological impact of fauna/ extinction;
c. the international and domestic obligations of the Commonwealth Government in conserving threatened fauna;
d. the adequacy of Commonwealth environment laws, including but not limited to the Environment Protection and Biodiversity Conservation Act 1999, in providing sufficient protections for threatened fauna and against key threatening processes;
e. the adequacy and effectiveness of protections for critical habitat for threatened fauna under the Environment Protection and Biodiversity Conservation Act 1999;
f the adequacy of the management and extent of the National Reserve System, stewardship arrangements, covenants and connectivity through wildlife corridors in conserving threatened fauna;
g. the use of traditional knowledge and management for threatened species recovery and other outcomes as well as opportunities to expand the use of traditional knowledge and management for conservation;
h. the adequacy of existing funding streams for implementing threatened species recovery plans and preventing threatened fauna loss in general;
i. the adequacy of existing monitoring practices in relation to the threatened fauna assessment and adaptive management responses;
j. the adequacy of existing assessment processes for identifying threatened fauna conservation status;
k. the adequacy of existing compliance mechanisms for enforcing Commonwealth environment law; and
l . any related matters.
The reporting date for the inquiry was subsequently extended to the second sitting Wednesday of 2021.
The Australian Government has considered the recommendations of the Committee's Interim Report and has provided the response below.
Recommendation 1
The committee recommends that to limit the drivers of faunal extinction, the Commonwealth develop new environmental legislation to replace the Environment Protection and Biodiversity Conservation Act 1999.
Response to Recommendation 1
Noted.
The Government welcomes the opportunity to improve the effectiveness of environment protections under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). An independent review of the Act is currently underway, and the interim report of the review has been published.
In the interim report, Professor Graeme Samuel AC proposes a number of key reform directions to improve the effectiveness of the Act. Professor Samuel will now consult on the interim report before submitting a final report to Government in October 2020.
In response to Professor Samuel's interim report, the Australian Government has announced that it will commit to a number of priority areas for reform, including:
Work is already underway on a national digital transformation program commencing with an initial partnership with the West Australian Government. This will mean access to one online portal to submit an application through both tiers of Government and access to a single database of biodiversity studies that can, in turn, be rolled out nationally.
The biodiversity database will provide better access to information such as wildlife surveys, allow faster and more comprehensive data for project assessments, and provide a baseline that can be used by Government to better measure conservation outcomes.
The Australian Government has in place several important measures to safeguard Australia's fauna. This includes protection under the Act, policies such as the Strategy for Nature and the Threatened Species Strategy (lead by the Threatened Species Commissioner), investment in research through the National Environmental Science Program, and programs to support
on-ground activities including through the $1 billion National Landcare Program, the Environment Restoration Fund, the Communities Environment Program, and more recently through the Wildlife and Habitat Bushfire Recovery package.
The Australian Government looks forward to the Final Report from the committee.
Recommendation 2
The committee recommends that the Commonwealth establish an independent Environment Protection Agency (EPA), with sufficient powers and funding to oversee compliance with Australia's environmental laws.
Response to Recommendati on 2
Not agreed.
In response to the interim report of the independent review of the Act, the Australian Government has announced that it will take steps to strengthen compliance functions and ensure that all bilateral agreements with States and Territories are subject to rigorous assurance monitoring.
That the Senate take note of the document.
That senators be discharged from and appointed to committees as follows:
Rural and Regional Affairs and Transport References Committee
Appointed—
Substitute member: Senator Waters to replace Senator Whish-Wilson for the committee's inquiry into the identification of leading practices in ensuring evidence-based regulation of farm practices that impact water quality outcomes in the Great Barrier Reef
Participating member: Senator Whish-Wilson
Tobacco Harm Reduction—Select Committee
Appointed—
Senators Canavan, Henderson and Hughes
Participating members: Senators Abetz, Antic, Askew, Bragg, Brockman, Chandler, Davey, Fawcett, Fierravanti-Wells, Hanson, McDonald, McGrath, McKenzie, McLachlan, McMahon, Molan, O'Sullivan, Paterson, Rennick, Scarr, Siewert, Dean Smith, Stoker and Van.
Biosecurity Amendment (Traveller Declarations and Other Measures) 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.
This Bill is about protecting Australian agriculture. Australia is a marvellous country—we produce the best agricultural products in the world. We have some of the most diverse and pristine natural wonders in the world. And we love visitors from all over the world coming to see what a great place Australia is.
But we need to be vigilant to protect Australia from an ever-increasing number of pests and diseases that threaten our industries, our country, and our way of life. Biosecurity is critical to Australia. Pests such as the brown marmorated stink bug, which has the potential to decimate our crops and do untold damage to our natural environment, pose a continual threat. Diseases such as African swine fever—some strains kill almost every pig infected—would cripple our $1.2 billion pork industry, as well as threaten our trade, environment and economy.
We are investing millions of dollars into preventing these pests and diseases entering Australia but we need everyone to do their bit when they come to Australia.
Despite our information campaigns, our videos shown on incoming flights and our information at the airport, not everyone is doing their bit. We ask people entering Australia to accurately and carefully declare what they have in their bags. It's not much to ask, and it's really not very hard. JUST DECLARE IT.
We have biosecurity officers at the airport to inspect what travellers have in their luggage and assess any biosecurity risk.
These same biosecurity officers continually see serious risk products not being declared on the incoming passenger card. We have seen a passenger arrive at Brisbane Airport with one kilogram of limes and another brought dried citrus peel with them. All of the products tested positive for the citrus canker pathogen. This pathogen would have a devastating impact on our multi-million-dollar citrus industry.
Yula, one of the biosecurity detector dogs at Sydney Airport, detected the equivalent of a small shopping trolley's worth of undeclared goods in a passenger's baggage: 3.5 kg of pork, 4 .5 kg of millet, nearly a kilogram of dried fruit, almost 10kg of rice and an assortment of fruit, vegetables and spices weighing about 2kg. None of these goods were declared by the passenger. Pork can transmit African swine fever and foot and mouth disease, and rice can introduce khapra beetle—all of which would be devastating to Australian agriculture.
This Bill will enable infringement notices with a higher value to be issued for goods that have not been declared on an incoming passenger card and that pose a high biosecurity risk. This is a response to travellers—whether they be Australian citizens, residents or international visitors—continuing to enter Australia with high biosecurity risk items, such those detected by Yula, and not declaring them.
We've made it as simple as possible: if in doubt just declare it. Having a biosecurity officer check your declared goods takes just a few minutes, and this doesn't necessarily mean you won't be able to bring your goods into Australia. Declaring doesn't always mean having the goods confiscated. It just enables the biosecurity officers to have a look and assess whether there is a biosecurity risk that needs to be managed. And it doesn't cost you to declare something.
The Director of Biosecurity will determine, using scientific evidence and risk analysis, what goods pose a high biosecurity risk and can therefore be subject to a higher infringement notice amount than currently applies. The goods will be listed in a legislative instrument. Before listing goods that have a high biosecurity risk, the Director of Biosecurity must be reasonably satisfied that there is a high level of biosecurity risk associated with the goods or the class of goods.
This tiered approach will highlight to incoming travellers how serious biosecurity is to Australia. This Bill introduces sensible changes to help us protect Australia from biosecurity pests and diseases—all we ask of travellers coming to our country is that they take a few minutes to just declare it.
That Part 3 of Schedule 1 of the Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 8) 2020, made under the Coronavirus Economic Response Package (Payments and Benefits) Act 2020, be disallowed [F2020L01165].
The Senate divided. [19:12]
(The President—Senator Ryan)
Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Bill 2020
In his first speech as an MP he waxed lyrical about his deep local roots, quoting Tennyson that he was 'part of all I have met' growing up in Logan City.
In a racist society, it is not enough to be non-racist, we must be anti-racist.
Proud Boys, stand back and stand by. But I'll tell you what … somebody's got to do something about antifa and the left because this is not a right-wing problem. This is a left-wing problem.