The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
That so much of the standing orders be suspended as would prevent me moving a motion to provide for the consideration of a matter, namely a motion to provide that a motion relating to the consideration of the National Integrity (Parliamentary Standards) Bill 2019 be moved immediately and determined without amendment or debate.
The Senate divided. [10:09]
(The President—Senator Ryan)
National Disability Insurance Scheme Amendment (Strengthening Banning Orders) Bill 2020
At the end of the motion, add: ", but the Senate:
(a) notes that despite the NDIS Quality and Safeguards Commission gaining 100 more staff and $92.9 million in funding over four years to expand its compliance and investigative capacity, only six of these new staff members will be dedicated investigators; and
(b) calls on the Government and the NDIS Quality and Safeguards Commission to immediately increase the number of investigators on the ground in each state and territory, including in South Australia".
"We're pleased to see the first step towards improving the safeguards for people with disability that use the NDIS. The recent death of Ann-Marie Smith, and other abuse of people with disability, have exposed the many gaps that exist in the current system."
"The next step needs to be ensuring that the NDIS Quality and Safeguards Commission has the powers and resources to proactively investigate and conduct random spot-checks on disability support providers.
"I think giving the Commission a way to ban a provider or to ban an individual is not a bad thing and the question comes back to what is the metric that will be used …
… ADA Australia provides aged care and advocacy services, and we do see people who are sacked from one sector, and then they turn up in the other because they have been sacked.
"The devil is in the detail, how they determine who should be banned, what consultation will they have with people with disability and the sector about where the threshold should be."
I want to make sure that money doesn't sit in a bank account offsetting the Commonwealth's budget, which is what it's doing. I want to see it improving the lives of people.
At least one of the extra pair of eyes seeing what is going on should come from proper supervision of support workers by the service provider agency, and ensuring that more than one support worker is involved, even if the participant only wants a single person whom they trust and respect.
… to develop a nationally consistent approach to managing quality and safeguards for people with disability receiving supports or services …
The Senate divided. [11:22]
(The President—Senator Ryan)
At the end of the motion, add: ", but the Senate:
(a) notes the recommendations made by the Hon Alan Robertson SC in the 'Independent review of the adequacy of the regulation of the supports and services provided to Ms Ann-Marie Smith, an NDIS participant, who died on 6 April 2020', from abuse and neglect; and
(b) calls on the Government to implement the recommendations in consultation with the disability sector including the introduction of a national community visitor scheme.
The Senate divided. [11:26]
(The President—Senator Ryan)
At the end of the motion, add:
", but the Senate calls on the Government to immediately accept and take the necessary steps to implement recommendations 7 and 8 of the Independent review of the adequacy of the regulation of the supports and services provided to Ms Ann-Marie Smith, an NDIS participant, who died on 6 April 2020 conducted by the Hon Alan Robertson SC".
The Senate divided. [11:30]
(The President—Senator Ryan)
That this bill be now read a third time.
Services Australia Governance Amendment Bill 2020
At the end of the motion, add ", but the Senate calls on the Government to:
(a) abolish the "ASL offset rule", which has the effect of capping average staffing levels within Services Australia;
(b) stop the excessive use of consultancy firms and contractors to outsource important government services including Centrelink; and
(c) recognise that the staffing cap is a false economy that undermines the quality of government services, especially those delivered by Services Australia".
That there be laid on the table by the Minister representing the Minister for the Environment, by 3 pm on 1 December 2020, the final report of the Samuel Review into the Environment Protection and Biodiversity Conservation Act 1999 .
That the Senate—
(a) notes that, during a hearing of the Foreign Affairs, Defence and Trade References Committee's inquiry into issues affecting diaspora communities in Australia on 14 October 2020, Senator Abetz demanded that witnesses of Chinese heritage 'unconditionally condemn the Chinese Communist Party dictatorship' in what those targeted have described as 'a jarring experience';
(b) affirms that:
(i) social cohesion in Australian society is the basis of our sovereignty,
(ii) statements and conduct that target Australians based on their cultural background or ethnicity risk driving division and undermining our social cohesion and sovereignty, and
(iii) all Australians have a right to enjoy equal rights and be treated with equal respect regardless of race, colour, creed or origin; and
(c) calls on all senators to ensure their conduct recognises these principles
That the Senate—
(a) notes that the biggest threat to endangered koala populations is habitat loss, degradation and fragmentation; and
(b) calls on the Government to implement a moratorium on the clearing and destruction of koala habitat
That consideration of the business before the Senate on Wednesday, 2 December 2020 be interrupted at approximately 5 pm, but not so as to interrupt a senator speaking, to enable Senator Thorpe to make her first speech without any question before the chair.
(1) That there be laid on the table by the Minister for Youth and Sport, by no later than 2 pm on 8 December 2020:
(a) a copy of the talking points prepared by the former Minister for Sport's office concerning funding for the Community Sports Infrastructure Grants program, ahead of her meeting with the Prime Minister on 28 November 2018;
(b) any records of that 28 November 2018 meeting; and
(c) the exchange of letters referring to that meeting as a basis for expanding funding for the Community Sport Infrastructure Grants program.
(2) In the event the Minister fails to table all the documents requested in paragraph (1), the Senate requires the Minister for Youth and Sport to attend the Senate by no later than 9.30 am on 9 December 2020 to provide an explanation, of no more than 10 minutes, of the Government's failure to table the documents.
(3) Any senator may move to take note of the explanation required by paragraph (2).
(4) Any motion under paragraph (3) may be debated for no longer than 30 minutes, shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes each
That the Senate—
(a) notes that:
(i) the Australian Government is responsible for borders, quarantine, and assisting Australians in jeopardy and stranded overseas,
(ii) since the Prime Minister capped international passenger arrivals on 13 July 2020, the number of stranded Australians overseas has risen dramatically to more than 35,700,
(iii) Amnesty International Australia has reported that the 'arbitrary cap needs to be significantly increased or removed' and quarantine 'needs to be significantly expanded',
(iv) on 10 November 2020, the Senate called on the Government to take urgent steps to help every stranded Australian return home by:
(A) increasing the number of permitted arrivals under international flight caps through using Commonwealth resources to increase quarantine capacity,
(B) stopping price gouging by airlines flying into Australia, and
(C) putting all options on the table to return stranded Australians, especially from places like the United Kingdom, India, the Philippines and Lebanon—including charter flights, and
(v) the Morrison Government did not announce any funding or initiative as part of the 2020-21 Federal Budget to respond to the Senate's motion, and has no plan to help every stranded Australian return home; and
(b) calls on the Morrison Government to bring our stranded Australians home by Christmas as the Prime Minister promised he would do.
(1) That the Senate—
(a) notes that:
(i) recent media discussion has again drawn attention to poor standards of integrity and general behaviour in Parliament and the lack of enforcement action in response to complaints, and
(ii) ACTU President Michele O'Neil has described Parliament House as a 'high-risk workplace' for employees
(b) calls on the Government to introduce a Code of Conduct requiring all parliamentarians to:
(i) put the public interest ahead of their personal interests,
(ii) exercise reasonable care and diligence in performing their duties,
(iii) treat everyone with respect,
(iv) not engage in bullying or harassment,
(v) avoid conflicts of interest,
(vi) manage confidential information appropriately,
(vii) follow all rules regarding use of public funds,
(viii) act ethically, reasonably and in good faith in their public duties,
(ix) not take improper advantage of their office, and
(x) not bring discredit upon the Parliament; and
(c) Further calls on the Government to implement a robust, independent complaints process that gives employees the confidence that complaints regarding parliamentarians will be treated seriously, they do not need to fear reprisal, and MPs found to have breached the Code can face a range of consequences.
(2) That this resolution be sent to the House of Representatives for concurrence
That the Senate—
(a) notes:
(i) evidence provided by the Bureau of Meteorology at Senate Estimates that the global temperature is on track to rise by 3.4 degrees celsius by the end of the century,
(ii) the enormous risks and challenges nations in the Global South, particularly in the Pacific region, face as a result of the climate catastrophe, including rising sea levels, severe storms, and loss of arable land and drinking water, and
(iii) that the Global North, including Australia, is responsible for the overwhelming majority of excess carbon emissions causing the climate crisis, and has a greater responsibility for addressing it;
(b) acknowledges the urgent need for climate change mitigation and adaptation to prevent the worst of the climate catastrophe that our neighbours face; and
(c) calls on the Government to:
(i) significantly increase the Official Development Assistance budget and commit to providing funding to support action on climate change and climate resilience for our neighbours in the Pacific, and
(ii) seriously commit to reducing Australia's carbon emissions to avoid the worst of the climate catastrophe
That the Senate—
(a) notes that:
(i) 145 of the 512 participants who participated in the first independent assessments trial completed the opt-in survey about their experiences in the trial, representing only 28% of the cohort,
(ii) no baseline data was collected about the experiences of the 512 trial participants of the National Disability Insurance Scheme (NDIS) prior to their participation in the trial, meaning there is no specific data available for comparison,
(iii) no data about the number of NDIS participants who declined to be a part of any independent assessment trial has been made publicly available,
(iv) Australia's peak disability organisations, including People With Disability Australia, Women With Disability Australia, Every Australian Counts and Children and Young People with Disability, are opposed to independent assessments and have spoken out against them on behalf of the people they represent, and
(v) disabled people, their families and their advocates are the most qualified people to be making decisions about the kinds of supports they need, and the medical practitioners they work with; and
(b) calls on the Government to:
(i) immediately halt the second independent assessments trial until,
(A) data from the first trial is made public in full, and
(B) genuine consultation is undertaken with disabled people, their advocates and peak organisations to ensure that this process is one that is supported by disabled people, not just bureaucrats,
(ii) ensure that comprehensive data from all participants is collected and made public in any further independent assessment trials, and
(iii) commit to abandoning independent assessments if further trials do not garner widespread support from disabled people, their advocates and peak organisations.
That the Senate—
(a) notes that the:
(i) Tasmanian smooth handfish ( Sympterichthys unipennis ) is the world's first marine bony fish to be declared extinct by the International Union for Conservation of Nature,
(ii) remaining Tasmanian handfish are now the most threatened marine fish in the world,
(iii) recent hatching, raising and release of 42 juvenile red handfish into the wild likely doubles the number of red handfish in remaining populations near Hobart,
(iv) invasive long-spined sea urchin ( Centrostephanus rogersii ) is a key factor in the decline of handfish populations,
(v) spread of the invasive long-spined sea urchin is threatening the biodiversity of Tasmanian reefs, and
(vi) barrens that the long-spined sea urchin create are directly linked to warming waters along the east coast of Tasmania; and
(b) acknowledges and thanks:
(i) researchers at the Institute for Marine and Antarctic Studies,
(ii) researchers at Commonwealth Scientific and Industrial Research Organisation, and
(iii) all scientists and researchers at the Handfish Conservation Project for their work on this critical conservation project.
That there be laid on the table by the Minister representing the Minister for the Environment, by 3 pm on 1 December 2020, the final report of the Samuel Review into the Environment Protection and Biodiversity Conservation Act 1999 .
Selection of Bills Committee
REPORT NO. 10 OF 2020
1. The committee met in private session on Wednesday, 11 November 2020 at 7.13pm.
2. The committee recommends that—
(a) the provisions of the Aged Care Amendment (Aged Care Recipient Classification) Bill 2020 bereferred immediately to the Community Affairs Legislation Committee for inquiry and report by 2 December 2020 (see appendix 1 for a statement of reasons for referral);
(b) the Aged Care Legislation Amendment (Improved Home Care Payment Administration No. 1) Bill 2020 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 27 November 2020 (see appendix 2 for a statement of reasons for referral);
(c) the provisions of the Aged Care Legislation Amendment (Improved Home Care Payment Administration No. 2) Bill 2020 bereferred immediately to the Community Affairs Legislation Committee for inquiry and report by 27 November 2020 (see appendix 3 for a statement of reasons for referral);
(d) the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 be referred immediately to the Environment and Communications Legislation Committee but was unable to reach agreement on a reporting date (see appendix 4 for a statement of reasons for referral);
(e) the provisions of the Health Insurance Amendment (Compliance Administration) Bill 2020 bereferred immediately to the Community Affairs Legislation Committee for inquiry and report by 2 December 2020 (see appendix 5 for a statement of reasons for referral);
(f) the provisions of the Immigration (Education) Amendment (Expanding Access to English Tuition) Bill 2020 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 27 November 2020see appendix 6 for a statement of reasons for referral); and
(g) contingent upon introduction in the House of Representatives, the provisions of the Social Services and Other Legislation Amendment (Extension of Coronavirus Support) Bill 2020 bereferred immediately to the Community Affairs Legislation Committee for inquiry and report by 27 November 2020 (see appendix 7 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
Bankruptcy (Estate Charges) Amendment (Norfolk Island) Bill 2020.
4. The committee deferred consideration of the following bills to its next meeting:
Corporations (Fees) Amendment (Hayne Royal Commission Response) Bill 2020
(Dean Smith)
Chair
12 November 2020
That the report be adopted.
"but, in respect of the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020, the Environment and Communications Legislation Committee report by 3 February 2021."
The Senate divided. [11:55]
(The President—Senator Ryan)
That—
(a) government business orders of the day as shown on today's Order of Business be considered from 12.45 pm today;
(b) government business be called on after consideration of the bills listed in paragraph (a) and considered till not later than 2 pm today; and
(c) general business notice of motion no. 863 be considered during general business today.
VET Student Payment Arrangements (Miscellaneous Amendments) Bill 2020
That the following bill be introduced: A Bill for an Act to amend the law relating to vocational education and training, and for related purposes. VET Student Payment Arrangements (Miscellaneous Amendments) 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 VET Student Payment Arrangements (Miscellaneous Amendments) Bill 2020 will assist the Commonwealth resolve outstanding matters under the former VET FEE‑HELP scheme and will further facilitate the closure of the scheme. The Bill also amends the VET Student Loans Act 2016 to improve the administration of the VET student loans program.
The Bill formally revokes the approval of remaining vocational education and training providers that operated under the VET FEE‑HELP scheme, but provides for the continuing application of the law for the purposes of dealing with any matters that arose while a body was approved under the VET FEE‑HELP scheme.
The Commonwealth's obligation to pay amounts of VET FEE-HELP assistance to VET providers in respect of older student data will cease. No student has an entitlement to VET FEE‑HELP assistance in relation to units with a census date after 31 December 2018, however a small number of providers continue to lodge old claims dating back a number of years. Therefore, the Commonwealth will continue to make payments to VET providers only if the providers report certain information by specified deadlines. The deadline for reporting information for units with census dates before 1 January 2018 is 1 July 2021, while the deadline for all other units is 1 January 2022.
This will prevent unsuspecting students from incurring VET FEE‑HELP debts indefinitely in relation to study they undertook many years ago, potentially dating back as far as 2009. Those students will also be protected by a measure which will discharge their liability to pay to VET providers any amounts relating to tuition fees not reported before the specified deadlines.
Many VET providers are also higher education providers receiving amounts of FEE-HELP assistance under the Higher Education Support Act 2003 , or approved course providers receiving VET student loans payments under theVET Student Loans Act 2016 . To facilitate the collection of debts owed by VET providers to the Commonwealth under the VET FEE-HELP scheme, the Bill enables the Commonwealth to offset those debts against VET student loans and FEE‑HELP amounts payable by the Commonwealth to those providers. This means the Commonwealth will be able to pay a net amount to a provider, rather than make a VET student loans or FEE‑HELP payment, and separately invoice a debt under the VET FEE-HELP scheme. This will be both simpler and cheaper, saving the processing of invoices and payments, for providers and the Commonwealth.
The Bill also provides for further circumstances in which the Secretary is not required to pay a VET student loan amount to an approved course provider under the VET Student Loans Act 2016 . These circumstances reflect existing provisions in that Act under which a student's HELP balance can be re-credited. This measure makes clear that the Secretary is not required to pay an approved course provider a loan amount in circumstances where the student would then become eligible for a re-credit, and the provider would be required to re-pay the amount paid to the Commonwealth.
Finally, the Bill also contains a measure providing for the automatic revocation of a course provider's approval under the VET Student Loans Act 2016 if it ceases to be a registered training organisation. This measure is appropriate having regard to the requirement that an approved course provider for VET student loans must be an RTO.
The measures in this Bill will make for a fairer, more efficient student loans regime, helping to deliver a skilled and educated workforce to support Australia's economic recovery from the COVID-19 recession.
That the Senate—
(a) notes that:
(i) three children have died since 2013 and 20 children are hospitalised each week in Australia after swallowing button batteries,
(ii) the Australian Football League issued an urgent product safety recall following the 2020 Grand Final for 31,000 LED wristbands powered by button butteries that were not properly secured, representing a significant risk of harm,
(iii) mandatory safety standards only exist for around 44 product types in Australia and none exists which covers button batteries,
(iv) the Australian Competition and Consumer Commission is notified of about 650 consumer product recalls annually but only half of the affected products are returned, amounting to 1.7 million potentially hazardous recalled products remaining in homes, and
(v) estimates show there are around 780 deaths and 52,000 injuries per year from unsafe consumer products in Australia, costing at least $5 billion to the economy;
(b) acknowledges the Australian Consumer Law (ACL) is reactive in the absence of a general product safety provision;
(c) recognises a general product safety provision in the ACL would place a clear onus on sellers to ensure the safety of products they sell to Australians; and
(d) calls on the Federal Government to introduce a general product safety provision in the ACL.
Social Security (Administration) Amendment (Protecting Consumers from Predatory Leasing Practices) Bill 2020
That the following bill be introduced: A Bill for an Act to amend the Social Security (Administration) Act 1999 , and for related purposes.Social Security (Administration) Amendment (Protecting Consumers from Predatory Leasing Practices) .
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 the Social Security (Administration) Amendment (Protecting Consumers from Predatory Leasing Practices) Bill 2020 is to amend the Social Security (Administration) Act 1999 to provide that the department secretary may not make any deductions requested by a person from their social security payments if the deductions relate to goods hired under a consumer lease entered into by the person.
Labor has consistently advocated for greater protections for consumers in this area in response to consistent concerns about improper behaviour by consumer lease providers and payday lenders.
Labor will not stand by whilst low income, vulnerable Australians are exploited.
The Bill is needed to remove the potential for clients in receipt of social security payments from Services Australia to suffer financial harm as a result of entering into one or more consumer leases for household goods for which Centrepay deductions are available.
The main provisions of the Bill remove the power for the department secretary to enable deductions from a person's social security payments in order to pay for a consumer lease.
The service known as Centrepay was established in 1998 as a budgeting and financial capability tool to assist Centrelink (now known as Services Australia) clients by paying rent and utility bills through automatic deductions from their welfare payments.
More than 600,000 people use Centrepay to pay bills, rent and ongoing expenses.
The proliferation of consumer leasing businesses as approved Centrepay service providers is contrary to the policy rationale for Centrepay to enable people to budget and ensure that regular bills and essential living expenses are paid directly from their welfare payment or pension payment.
It indicates that Centrepay is being used for the benefit of commercial interests, rather than the interests of Centrelink clients making the payments.
Centrepay has been open to access by businesses whose products, particularly consumer leases, disadvantage consumers and have the potential to cause financial harm.
Further, the consumer leasing industry actively uses Centrepay to prey on the financially vulnerable.
Far from helping Centrelink recipients to budget, Centrepay deductions for consumer leases can impact an individual's ability to pay for essential goods.
The impact is particularly severe on marginalised groups: Remote Aboriginal communities have been targeted by payday lending and consumer lease companies through the use of Centrelink's Centrepay system.
This Bill follows significant campaigns by non-government organisations and consumer advocates, who have formed the Stop the Debt Trap Alliance and are calling for further action on payday loans and consumer leases, as well as investigation by Senate committees into this issue.
The 2019 report of the Senate Economics References Committee inquiry into Credit and financial services targeted at Australians at risk of financial hardship found that the benefit to consumer lease providers of being registered through Centrelink is clear: automatic deductions reduce the default rate for companies, while also allowing them to continue to charge the consumer for products well above the cost of the product.
The benefits to recipients are less clear.
Centrelink clients are subjected to exorbitant interest charges – in some cases of over 800 per cent – and the Australian Securities and Investments Commission (ASIC) has found the cost of household goods leased from rent-to-buy businesses can cost nearly nine times the retail price of the same goods.
ASIC also found that lessors often charge higher amounts to Centrelink recipients than they advertised to other customers, and at the end of the lease and after all that expense, the consumer does not own the goods.
Despite this, Services Australia has refused to enforce its own Centrepay policy, which is supposed to prohibit products that are financially exploitative and continues to allow the worst consumer lease providers to access vulnerable customers via Centrepay.
This Bill will ensure that Centrepay is prospectively closed to consumer leasing companies, for the same reasons it is closed to payday lenders.
It will apply prospectively, meaning no individual who has entered into a consumer lease agreement using Centrepay will be required to terminate that lease as a result of this legislation.
If this legislation is enacted, there are safer payment options that would still be available to people wanting to purchase household goods.
Senator Doug Cameron first introduced legislation to remove consumer leases from Centrepay in 2015.
The Government has consistently refused to act administratively to address this problem and prevent harm.
As a consequence, Labor is again taking the initiative to ensure this service cannot be used by consumer lease providers to exploit Australians on low incomes.
That the Senate notes that:
(a) 19 October 2020 is the date the Birth of Baha'u'llah is observed;
(b) this week, the Birth of Baha'u'llah was observed, and a celebration of the Centenary of the Australian Baha'i community commemorated the 100 years of the Baha'i community in Australia; and
(c) we are delighted to celebrate the Birth of Baha'u'llah, and to commemorate 100 years of the Baha'i community in Australia.
That—
(1) The Senate notes that the Prime Minister has made a commitment to the Australian public to ensure that stranded Australians will be home to celebrate Christmas with their families and loved ones, and that regular and timely information should be reported to the Senate and the Australian people to provide oversight and transparency on activities relating to the work to bring stranded Australians home.
(2) There be laid on the table by the Minister for Foreign Affairs, by not later than 7 days after, the Saturday of each calendar week until 31 January 2021, a weekly update which must include:
(a) the total number of stranded Australians that returned to Australia during the identified week;
(b) the total number of stranded Australians that remain overseas, along with the total number per country in which they are stranded and broken down by;
(i) age,
(ii) gender, and
(iii) Australian state or territory of usual residence;
(c) the total number of non-Australian citizens that entered Australia during the identified week broken down by visa class and nationality.
(3) In respect of paragraphs (2)(a) and (b), the update must include a weekly and cumulative total and separate total for the number of at-risk Australians.
(4) For the purposes of the update, stranded Australians , means Australian citizens registered with the Department of Foreign Affairs and Trade who are wishing to return home.
(5) If the Senate is not sitting when a weekly update is ready for presentation, the statement is to be presented to the President under standing order 166.
The Senate divided. [12:09]
(The President—Senator Ryan)
That the Senate agrees that:
(a) Australia is a multicultural, multilingual society in which hundreds of languages are spoken;
(b) at least 250 Indigenous languages were spoken on this continent long before colonisation, and many continue to be spoken today;
(c) the Australian citizenship booklet 'Our common bond' contains claims that English is Australia's national language, which have been repeated by the acting Immigration Minister in advocating for onerous new English language proficiency requirements for partner visa applicants and permanent resident sponsors; and
(d) Australia has no national language.
Omit paragraph (d), substitute:
(d) English is the de facto national language but Australians speak many languages at home and at work.
The Senate divided. [12:13]
(The President—Senator Ryan)
That the Senate—
(a) notes that:
(i) 470,000 jobs have been lost since the COVID-19 outbreak began,
(ii) 30,000 jobs were lost in the fortnight to 17 October 2020, the first full fortnight after JobKeeper payments were cut, and
(iii) 160,000 more jobs are predicted to be lost before Christmas;
(b) further notes that the Government's decisions to exclude Australians from support and cut JobKeeper could lead to higher unemployment for longer; and
(c) calls on the Government to:
(i) revitalise Australian manufacturing,
(ii) guarantee apprenticeships on Federal major projects,
(iii) address the skills crisis by reinvesting in TAFE,
(iv) recharge the workforce participation of women,
(v) power our recovery with clean energy projects, and
(vi) deliver a plan for good secure jobs.
The Senate divided. [12:18]
(The President—Senator Ryan)
That paragraph (a) of the temporary order agreed to on 18 June 2020 relating to the consideration of formal motions be varied to provide that:
(a) minor party and independent senators are entitled to six motions per day;
(b) senators can make (or have made on their behalf) more than one request for formality in any sitting week;
(c) orders for the production of documents are excluded from the restrictions under the temporary order; and
(d) motions not determined on the day that they are listed for consideration will be re-listed on the next sitting day.
For information, the amended order would read as follows:
(a) at the end of standing order 66, add:
(5) The following additional requirements apply to the consideration of general business notices of motion as formal motions:
(a) no more than 14 motions may be dealt with as formal motions on any sitting day, comprising no more than four proposed by government senators, four proposed by opposition senators, and six proposed by minor party and independent senators;
(b) the motions to be considered shall be notified to the President;
(c) the allocation of motions to be taken as formal amongst minor party and independent senators each day shall be determined by the President and, across the course of a sitting week, be nearly as practicable proportional to the numbers of those minor party and independent senators in the Senate; and
(d) motions not determined on the day they are listed for consideration shall be re-listed for consideration the next day of sitting (in addition to the motions allocated for that day).
(6) The restrictions in paragraph (5) do not apply in respect of motions for the consideration of legislation (including the introduction of bills), orders for the production of documents or the conduct of Senate or committee business (including the appointment of a select committee).
The Senate divided. [12:21]
(The President—Senator Ryan)
That there be laid on the table by the Minister representing the Minister for Population, Cities and Urban Infrastructure, by no later than 5.30 pm on 18 November 2020, the 10 written briefings on the acquisition of the Leppington Triangle land between the period November 2015 to November 2019 (including any annotations of decision makers), which are referenced in paragraph 4.1 on page 57 of the Auditor-General's report no.9 of 2020-21, Purchase of the 'Leppington Triangle' land for the future development of Western Sydney Airport, as follows, 'The ANAO examined the 10 written briefings on the acquisition of the Leppington Triangle that were submitted to the head of the Western Sydney Unit, to senior officials elsewhere in the department (the 'decision-makers') and/or to portfolio Ministers. The Department of Infrastructure, Transport, Regional Development and Communications ('Department of Infrastructure' or 'the department') confirmed to the ANAO that these constituted the total population of briefings on the topic. The briefings spanned a four-year period from November 2015 to November 2019'.
Anti-Money Laundering and Counter-Terrorism Financing and Other Legislation Amendment 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 Morrison Government is strongly committed to combatting transnational, serious and organised crime. Organised criminal groups systematically target the health, prosperity and safety of Australians, and in the process erode public trust in institutions. The cost to Australia's economy alone is estimated to be up to $47 billion each year.
The realisation of profit is the primary motivation underlying transnational, serious and organised crime. These groups mercilessly pursue profit, having no regard to the harms caused. As a result of this, money laundering has become one of the key enablers of the criminal business model, allowing the profits of crime to be realised, concealed and reinvested in further criminal activity or used to fund lavish lifestyles.
Criminal and terrorist threats are not static. Methods to launder dirty money and finance terrorism – by their very nature – evolve to exploit opportunities, with criminals and terrorists constantly working to find new ways to circumvent controls and avoid detection.
Accordingly, our legal and policy settings must also continue to evolve to ensure law enforcement agencies can effectively combat and disrupt money laundering, terrorism financing and other serious crimes.
The Anti-Money Laundering and Counter ‑Terrorism Financing and Other Legislation Amendment Bill 2019, which I introduce today, is another example of our commitment to dismantling the criminal business model. The Bill is the next phase of the Government's reforms to bolster our Anti-Money Laundering and Counter-Terrorism Financing or AML/CTF regime, to prevent criminals from enjoying the profits of their illegal activities, and to stop funds falling into the hands of terrorists. This regime is centred on hardening the financial sector against these threats.
The Bill will also improve Australia's compliance with the international standards for combating money laundering and terrorism financing set by the Financial Action Task Force.
I will now outline the specific amendments contained in the Bill.
The first reform is to Customer Due Diligence requirements.
A key pillar of the AML/CTF regime is the requirement for regulated businesses to identify their customers and verify their identity. This enables regulated businesses to identify, and efficiently manage, any money laundering or terrorism financing risks posed by customers and the services provided.
The Bill will broaden the circumstances in which the approximately 14,000 regulated businesses may enter into an arrangement with another regulated entity to rely on checks already conducted.
These amendments are expected to reduce the cost of customer verification for businesses, delivering a substantial saving of up to $3.1 billion over ten years. This amendment furthers the Government's agenda of reducing unnecessary regulatory burden and improving the customer experience.
The Bill also amends correspondent banking obligations.
Correspondent banking relationships are essential in the global payment system and vital to international trade and the global economy as a whole. They allow one bank to provide services on behalf of another, while relying on the other bank to carry out the verification procedures such as identifying the customer, determining the real owners, and monitoring such transactions for risks.
However, these banking relationships can pose significant money laundering and terrorism financing risks. This is particularly true with cross-border correspondent banking relationships.
The Bill will impose more stringent obligations on Australian banks by requiring them to conduct appropriate due diligence on correspondent banking relationships to ensure that its correspondent banks are not doing business with shell banks and have robust AML/CTF systems and controls. This represents international best practice.
Third, this Bill reforms cross border reporting requirements.
The movement of cash and other valuable items across borders is a common money laundering and terrorism financing method. Criminals move cash and valuables across borders to launder funds, pay for illicit goods, use illicit funds to purchase assets, and to hide proceeds of crime from authorities.
Currently, travellers into and out of Australia must declare all cross-border movements of physical currency of $10,000 or more. The Bill expands this requirement so that, in addition to physical currency, bearer negotiable instruments, such as travellers' cheques, must also be declared at the border where the combined amount is $10,000 or more.
The Bill also increases the penalties for failing to comply with cross-border declaration requirements to further deter bulk cash smuggling.
These changes will bring Australia's regime into alignment with other comparable regimes across the world.
The Bill also modernises secrecy and access provisions.
In the global fight against organised crime and terrorism, it is crucial that our national security, law enforcement and revenue protection agencies can efficiently and effectively access and use valuable financial intelligence in performing their functions.
AUSTRAC information often plays a crucial role in the work of these agencies. For example, in the 2017-18 financial year, AUSTRAC data contributed to:
The Bill will make important changes to the 'secrecy and access' provisions in the AML/CTF Act which establish a framework for the access, disclosure and use of financial information held by AUSTRAC.
The proposed reforms will put in place a simplified and streamlined regime to ensure the secrecy obligations are more clearly and readily understood, and the potential for inconsistency and ambiguity between provisions is minimised. These changes will enhance the Government's ability to deepen collaborative approaches to investigating money laundering, terrorism financing and other serious crime.
These reforms will also ensure the regime for sharing AUSTRAC information keeps pace with new, more collaborative approaches to investigating these crimes, for example, in partnership with the private sector and through multiagency taskforces.
The reforms in the Bill are accompanied by appropriate safeguards and protections around the handling of sensitive information held by AUSTRAC. This includes a new power to set conditions on the access, disclosure and use of AUSTRAC information to reflect particular sensitivities of the information.
Criminal enterprises are not confined by national borders and exploit differences between jurisdictions to prevent detection. Recognising this, the Bill seeks to better equip reporting entities operating in a globalised environment to manage their exposure to transnational crime risks. It does this by enabling them to share information about money laundering and terrorism financing risks in relation to customers with appropriately regulated foreign members of a corporate group and designated business group.
This will enable businesses to more effectively manage money laundering and terrorism financing risks within their business structure and across jurisdictions in relation to risks posed by shared customers.
To ensure that the privacy of customers is protected, the Bill also imposes additional safeguards that ensure the confidentiality of sensitive information is maintained and that the information will only be used for the purpose for which it is provided.
The Government is also seeking to strengthen money laundering offences in the Criminal Code.
It is well known that police use undercover operations to investigate serious offending, such as large-scale money laundering syndicates.
Currently, where police supply cash to a money laundering syndicate as part of an authorised undercover operation, the would-be money launderers cannot be prosecuted because, technically, the money laundered is not the proceeds of crime, despite what the would-be money launderer may have believed.
This technicality should not be the reason why criminals escape prosecution. The Bill rectifies this anomaly through changes to the Criminal Code to clarify that cash used in undercover operations is considered "proceeds of crime" for the purpose of Commonwealth money laundering offences.
The final measure in the Bill amends the Australian Federal Police Act to make it an offence for a person to dishonestly represent that a police award has been conferred on them.
It is important to recognise and celebrate the bravery and heroism of police officers who put their lives on the line every single day.
The introduction of this offence will preserve the significant honour associated with receiving a police award and recognise the outstanding contribution these individuals make to their country. We must not let this contribution be devalued by imposters.
I urge Senators to support the passage of this important legislation, which will further harden our financial sector against money laundering and terrorism financing and empower our law enforcement agencies to better detect it and prosecute those responsible.
Further, this Bill represents an important next step in the Morrison Government's commitment to reducing the burden of red tape on our economy.
I commend the Bill to the Chamber.
Native Title Legislation Amendment 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 speech read as follows—The Native Title Legislation Amendment Bill 2020 will amend the Native Title Act 1993 and theCorporations (Aboriginal and Torres Strait Islander) Act 2006 – known as the CATSI Act – to better support the resolution of native title claims and agreement-making around the use of native title land, and to promote the autonomy of native title groups to make decisions about their land and to resolve internal disputes.
Developed through extensive consultation with key stakeholders, the Bill will implement practical and pragmatic improvements to ensure the ongoing effectiveness of the native title system.
The Bill will also build on the amendments made by the Native Title Amendment (Indigenous Land Use Agreements) Act 2017 toprovide certainty around the status of important mining and exploration-related native title agreements affected by the Full Federal Court of Australia's decision in the matter ofMcGlade v Native Title Registrar & Ors .
Background
It has now been over 25 years since the High Court of Australia's historic decision in Mabo v Queensland (No 2) [1992] HCA 23 and the passage of theNative Title Act 1993 . The native title system has entered a period of maturity, with most legal issues relating to determination of native title claims settled and native title agreement-making now a recognised and normal part of "doing business on land" in Australia.
Through the collective efforts of all parties in the native title system, significant progress has been made in resolving claims for the recognition of native title. There are now more native title determinations than active claims on foot – as of June 2019, the National Native Title Tribunal's website reports there have been 465 determinations of native title compared to 268 claim applications on foot. The status of native title has been determined over approximately 42.3% of Australia's land mass, with another 22.3% subject to a native title claim.
As at June 2019, according to the Office of the Registrar of Indigenous Corporations, known as ORIC, there are 202 registered native title bodies corporate – or RNTBCs – being the Indigenous corporations that hold native title once it has been determined, operating across Australia.
While these statistics indicate the native title legislative framework is broadly operating well, there are a number of challenges this Bill seeks to address. In particular, the Bill seeks to ensure the ongoing effectiveness of native title claims resolution and agreement-making, and to support the sustainable management of native title land post-determination.
The Bill also supports other Australian Government objectives around native title, including the aspiration to resolve all native title claims existing at June 2015 by 2025 and initiatives to activate the economic potential of land rights under the ' Our North, Our Future: White Paper on Developing Northern Australia '.
The Bill will implement a number of recommendations from recent reviews of native title, including:
The content of the Bill is also informed by feedback from stakeholders, following consultation on an options paper for native title reform released from November 2017 to February 2018. The Government received over 50 submissions on the options paper and conducted over 40 stakeholder meetings across the country. Exposure draft legislation, released for public comment on 29 October 2018, was carefully developed in consultation with stakeholders across the native title system. That draft legislation received a further 36 submissions from stakeholders.
An Expert Technical Advisory Group convened by the Government and comprised of nominees from the National Native Title Council, National Native Title Tribunal, Federal Court of Australia, government and industry has also provided valuable technical assistance throughout the process of developing this Bill.
Key objectives
The Bill will improve the native title system for all parties, including by:
The Bill will also as a matter of urgency confirm the validity of agreements made under section 31 of the Native Title Act in light of the Full Federal Court of Australia's decision in McGlade . Section 31 agreements are a particular kind of native title agreement which relate to the grant of mining and exploration rights over land which may be subject to native title, and the compulsory acquisition of native title.
While the Government took decisive action to ensure the validity of Indigenous Land Use Agreements through the amendments in 2017 , there is a significant risk that the issue raised by theMcGlade decision similarly affects section 31 agreements.
The validity of section 31 agreements was not confirmed as part of the 2017 amendments because stakeholders wanted more time to consider this issue and its potential impact. Following the process of extensive consultation on this Bill, there is widespread native title sector support for the validation of these agreements, and the proposed validation mechanism in this Bill.
In particular, Schedule 9 of the Bill will seek to confirm the validity of section 31 agreements where not all members of the native title party (also known as the 'applicant') have entered into the agreement. McGlade held that it is necessary for all members of this group to enter into an agreement, even if a single member was unwilling or unable to sign the agreement (including because the person was deceased).
Under the proposed amendments, section 31 agreements entered into prior to the commencement of this amending Bill will be validated, provided that at least one member of each relevant native title party is a party to the agreement. These amendments will provide certainty to Indigenous and non‑Indigenous parties who have already concluded these agreements, including by protecting any resulting benefits and interests agreed to by the parties.
Response to the Senate Legal and Constitutional Affairs Legislation Committee Report on the Native Title Legislation Amendment Bill 2019
The Senate Legal and Constitutional Affairs Legislation Committeeundertook a comprehensive inquiry into the provisions of the Bill, commencing its inquiry on 17 October 2019 and tabling its report on 19 August 2020. The Committee's Report recommended that the Senate pass the Bill.
The Committee's Report included a Minority Report from Labor Senators which, while supporting the objective of the Bill, made five recommendations.
Recommendations 1, 3, and 4 of the Minority Report are directed to the Government commissioning or undertaking further review and reform to the Native Title Act.
In response to Recommendation 1 of the Minority Report, the Government will request the Aboriginal and Torres Strait Islander Social Justice Commissioner conduct a review of the operation of the Native Title Act and its impact on native title holders, following the completion of stage two of the Wiyi Yani U Thangani (Women's Voices) report and any associated work.
In response to Recommendation 4 of the Minority Report, the Bill inserts new section 209A, which will require an evaluation of the amendments progressed through the Bill to be conducted within five years of the commencement of key measures in the Bill.
Further overhaul of the native title system, including so that native title holders can better leverage their land and sea assets as recommended by Recommendation 3 of the Minority Report, would need to be considered in light of the Aboriginal and Torres Strait Islander Social Justice Commissioner's review and the results of the formal evaluation mechanism included in the Bill.
Recommendation 2 of the Minority Report calls on the Government to provide a comprehensive response to the 30 recommendations for reform in the Australian Law Reform Commission's 2015 report on Connection to Country: Review of the Native Title Act . This Bill represents the Government's response to the ALRC's report.
The Bill implements a number of recommendations made by the ALRC which received broad stakeholder support through consultation on the development of the Bill, in particular measures relating to the role of the applicant in Schedule 1 of the Bill. In deciding which recommendations of the ALRC to progress, the Government also took into account the ongoing development of native title case law and the broader native title system. A number of ALRC recommendations were also not progressed as a result of stakeholder feedback during consultation on the options paper for native title reform.
The Senate Committee's Report into the Bill also included a Dissenting Report from Australian Greens' Senators. This Dissenting Report recommended that the Bill not proceed until a number of matters are addressed. These matters include the potential retrospective application of certain provisions, ILUAs that are affected by fraud, the interaction between the proposed section 47C and the NSW Aboriginal Land Rights Act 1983, the Commonwealth's role as intervener, and the expansion of the powers of ORIC.
The Government has provided further explanatory material in the form of addenda to the Explanatory Memorandum to the Bill that responds to issues raised in the Dissenting Report. This further explanatory material clarifies:
The amendments will not enable retrospective application of certain provisions of the Bill, as is suggested in the Dissenting Report. The amendments to sections 24CD, 24CL, 24DE and 251A of the Native Title Act 1993 will only apply to ILUAs where the application for registration is made after commencement of the relevant provisions in the amending Act, and section 31 agreements which are made after commencement of the relevant provisions in the amending Act. The amendments to sections 87 and 87A will only apply in relation to any proposed determination filed after commencement of the provisions in the amending Act. New section 62C will apply in relation to anything done after commencement of the amending Act.
Schedule 3 of the Bill will enable native title parties and the relevant government party to agree to disregard the historical extinguishment of native title over an area that has been set aside or vested to preserve the natural environment, such as national, state and territory parks.
In their Dissenting report, the Greens' Senators raised concerns in relation to this provision and its interaction with statutory land rights in New South Wales under the NSW Aboriginal Land Rights Act 1983. The drafting of this provision includes a number of safeguards to ensure the recognition and protection of third party interests – including NSW Aboriginal Land Councils. These safeguards include:
Importantly, this measure will only operate where native title and government parties agree, and will be subject to any conditions required by the government party. This measure has been designed to allow the relevant government and native title parties to work together to ensure the use of this provision complements existing rights and interests, including those of NSW Aboriginal Land Councils.
Measures in the Bill
Supporting the capacity of native title holders through greater flexibility around internal decision ‑making
Under the Native Title Act, the applicant is the person or group of people authorised by a native title claim group to make and manage a claim on their behalf. The applicant can also enter into native title agreements on behalf of the group where authorised to do so. The process of authorisation recognises the communal character of traditional law and custom which grounds native title, and ensures that claims are not lodged without the consent of the broader native title claim group.
The amendments in Schedule 1 to the Bill will implement recommendations made by the Australian Law Reform Commission report and COAG Investigation to give native title holders the option of greater flexibility around setting their internal decision ‑making processes, to support robust decision-making structures, and to ensure the applicant is accountable to the broader claim group.
The amendments will allow the claim group to impose conditions on the authority of the applicant, if they wish to, which might include, for example, a condition to require the applicant to get approval from the claim group before agreeing to a consent determination or discontinuing a claim. This will allow the claim group to retain control over the management of their claim, and increase the applicant ' s accountability as the group ' s appointed representative.
The amendments will allow a majority of the applicant to make decisions in relation to the management of a native title claim or entering into native title agreements, rather than requiring all members of the applicant to act together, unless the claim group requires unanimity. These amendments extend the changes to the process for entering into Indigenous Land Use Agreements made by the 2017 amendments to all things the applicant can do under the Native Title Act, consistent with recommendations made by the Law Reform Commission's report.
Finally, the amendments will make it simpler for the claim group to replace individual members of the applicant if the member becomes too ill to perform their duties, or has passed away, including through pre ‑agreed succession-planning arrangements. This is intended to both streamline the process of replacing members of the applicant, while also supporting native title claim groups to develop their own governance structures early on in the life of a native title claim.
Streamlining claims resolution and agreement-making processes
As more native title claims are determined, the focus of the system will shift to the ways in which native title holders can make agreements with other parties about the use of land and waters subject to native title. The efficient and effective operation of the Native Title Act's agreement‑making processes is also critical to native title claimants and holders obtaining economic benefit from native title. The amendments in Schedules 2 and 4 to the Bill will implement a number of technical recommendations by the COAG Investigation to improve the claims resolution and agreement-making processes under the Act.
This includes amendments to expand the scope of the agreement‑making and claims resolution provisions for native title corporations. 'Body Corporate Indigenous Land Use Agreements' will now be able to include areas where native title has not been recognised that are within a larger determination of native title – until now, these circumstances have required parties to use an 'area Indigenous Land Use Agreement', which can be more costly and time‑consuming for all parties to enter into. Enabling a wider and more flexible use of 'Body Corporate Indigenous Land Use Agreements' will accordingly reduce transaction costs and timeframes for all parties.
The circumstances under which a native title corporation can bring a claim for compensation for extinguishment of native title will also be expanded. This will provide native title compensation claim groups with a wider range of options for bringing those proceedings.
Schedules 5 and 6 of the Bill will make further minor procedural amendments to clarify processes around claims resolution, including around the power of the Federal Court to make consent determinations, as well as objections to activities which affect native title, also known as 'future acts'.
Schedule 6 also includes an amendment to require the Native Title Registrar to keep a public record of section 31 agreements. This measure responds to stakeholder feedback received through consultation on the Bill for there to be greater transparency around the making of these agreements. Currently, parties to a section 31 agreement are required to give a copy of the agreement to the National Native Title Tribunal, but the Tribunal has no power to do anything with it.
This measure would require the Registrar to keep a public record with certain details about section 31 agreements – including who the parties are and what area the agreement covers – but an agreement does not need to appear on the record for it have legally binding effect. The content of section 31 agreements themselves will also remain confidential, respecting the commercial-in-confidence nature of such agreements.
Disregarding historical extinguishment of areas of national, state or territory parks
Schedule 3 to the Bill will amend the Native Title Act to enable parties to agree to disregard the historical extinguishment of native title over an area that has been set aside or vested to preserve the natural environment, such as areas of national, state and territory parks.
The proposed measure will only operate by agreement between the parties and will ensure that any existing third party interests are appropriately recognised.
The purpose of this amendment is to provide parties with more flexibility to disregard historical extinguishment, and will allow for more opportunities for native title to be recognised over areas where important connection to country exists for traditional owners.
Increasing the transparency and accountability of prescribed bodies corporate to the native title holders
Native title corporations manage native title rights on behalf of the native title holders. This role is an important one for the community and for land management generally. Unlike other corporations, these bodies have obligations to the native title holders, who may or may not be members of the corporation.
The amendments in Schedule 8 to the Bill include measures to improve the transparency, accountability and governance around the decisions that native title corporations make, with a particular focus on membership.
The amendments will remove the discretion of directors to refuse membership where an applicant meets the eligibility requirements and has applied for membership in the required manner, and will require native title corporations to align their membership criteria with the native title determination. The reforms also limit the grounds for cancelling membership to those provided for under the CATSI Act. These measures will assist to prevent the corporations from arbitrarily acting to exclude native title holders from membership and to ensure that all native title holders may be represented in a corporation, directly or indirectly.
Improving pathways for dispute resolution following a determination of native title
According to statistics held by ORIC, native title corporations are subject to a relatively large number of disputes about how the corporation is managing the native title. This is not surprising given the early stage of development of many of the corporations, and the responsibilities of PBCs under both Australian and traditional law.
Native title disputes, in particular between native title corporations and native title holders, impact on corporation governance and the ability of the corporations to fulfil their obligations. Disputes also impact the ability of native title holders to exercise their native title rights. This package of reforms aims to improve the way disputes are handled in future.
The amendments in Schedule 8 to the Bill require native title corporations to include a process in their rule books for resolving disputes with native title holders. Currently rule books are only required to include a dispute resolution clause relating to the internal operation of the corporation. This reform ensures corporations have procedures to address disputes with native title holders, whether or not they are members of the corporation, and aims to resolve disputes early and internally, before the corporation needs to obtain costly legal advice or the dispute escalates. The process would be designed by the corporation to meet their needs and circumstances.
The amendments clarify that the Registrar of Indigenous Corporations may place a native title corporation under special administration where it has seriously or repeatedly failed to comply with its obligations under native title legislation. Examples of this conduct may include failing to consult with and obtain the consent of native title holders for certain decisions, or failing to act in accordance with the directions of native title holders where there is a significant consequence for native title holders.
To further support dispute resolution pathways, the Bill introduces a new requirement that certain matters arising under the CATSI Act that relate to native title corporations must be instituted in the Federal Court. This reform recognises the specialist expertise of the Federal Court to resolve disputes relating to native title.
In addition, Schedule 7 to the Bill will provide the National Native Title Tribunal with a new function to provide direct assistance to native title corporations and native title holders to promote agreement about native title-related issues. Under the current law, the Tribunal can only provide assistance in relation to intra-Indigenous disputes when invited by a native title representative body or service provider to do so. The function is designed to provide the Tribunal with flexibility in how it is performed, but is broad enough to allow the Tribunal to provide assistance to native title corporations and holders around the establishment of governance processes, the mediation of disputes and to facilitate collaboration between native title corporations.
Conclusion
Stakeholders across the native title system agree that, despite significant progress, there is scope for reforming the native title system to improve the recognition and management of native title rights and traditional lands.
These amendments demonstrate the Australian Government ' s commitment to ensuring that the native title system meets the current needs of all native title stakeholders. Taken together, these amendments will improve the native title system for all parties, promoting effective native title claims resolution and agreement ‑making, and the management of native title land post ‑determination.
Services Australia Governance Amendment Bill 2020
Social Services and Other Legislation Amendment (Omnibus) Bill 2020
That this bill be now read a third time.
Fair Work Amendment (Improving Unpaid Parental Leave for Parents of Stillborn Babies and Other Measures) Bill 2020
Parents of stillborn babies are parents too, and six weeks is not enough time to grieve the loss of their babies, let alone recover from all of the physical side effects of pregnancy and birth.
That this bill be now read a third time.
Broadcasting Services Amendment (Regional Commercial Radio and Other Measures) Bill 2020
That this bill be now read a third time.
Education Legislation Amendment (Up-front Payments Tuition Protection) Bill 2020
Higher Education (Up-front Payments Tuition Protection Levy) Bill 2020
That these bills be now read a third time.
Veterans' Affairs Legislation Amendment (Supporting the Wellbeing of Veterans and Their Families) Bill 2020
That this bill be now read a third time.
Health Insurance Amendment (Administration) Bill 2020
That this bill be now read a third time.
Services Australia Governance Amendment Bill 2020
The Senate divided. [13:40]
(The President—Senator Ryan)
That this bill be now read a third time.
Native Title Amendment (Infrastructure and Public Facilities) Bill 2020
The types of arrangements that would be prevented by the integrity provisions in the Act are varied but would include arrangements where an employer artificially inflates their employee headcount and/or payroll for a JobMaker period (for example, by terminating, or reducing the hours of, an existing older employee—
The types of arrangements that would be prevented by the integrity provisions in the Act are varied but would include arrangements where an employer artificially inflates their employee headcount and/or payroll—
During this time the Minister was also posting text messages on the office WhatsApp group that I felt were attacking and demeaning towards myself.
Due to the persistent rumours across the building, during my first week in the office I confidentially let Minister Cash know that I had a relationship with Alan that was now over, and that my loyalty was with her.
She was supportive and kind.
What happens if they go into liquidation, so the asset has to be sold off or the company is not able to operate?
… … …
The taxpayer now bears the cost. That's ultimately what you're saying is going to happen?
We won't be taking anything over. That's not our role.
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Payne) to a question without notice asked by Senator Ciccone today relating to JobMaker hiring credits.
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Payne) to a question without notice asked by Senator Rice today relating to climate change.
That the Senate take note of the report.
One of the greatest threats to the health of the Reef is rising sea temperatures and extreme marine heat waves caused by climate change … Present day temperatures are … 0.8 degrees Celsius warmer than … in 1900 …
In 2016, sea surface temperatures on the Great Barrier Reef were the hottest ever recorded for the months of February, March and April.
The committee heard extensive support for the scientific evidence-base that has shown land-based anthropogenic pollutants have an adverse impact on the Reef's ecosystem …
… community members and groups have raised with me their frustration at the lack of clarity when it comes to which authority (or authorities) is responsible for response and action.
The rules that govern flight paths and community consultation are written for businesses and operators, not for the communities that live with aircraft noise every day.
Airservices will need to ensure its evolving approach to community engagement allows flight paths and other airspace changes to be designed with a more internally integrated approach that involves community engagement from the beginning, and a more collaborative approach …
And in the distance, through the heat haze,
In convoys of silence the cattle graze.
That certain texture, that certain beat,
Brings forth the night time heat.
Out on the patio we'd sit,
And the humidity we'd breathe,
We'd watch the lightning crack over canefields
Laugh and think that this is Australia.
Australia's Foreign Relations (State and Territory Arrangements) Bill 2020
Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
AUSTRALIA'S FOREIGN RELATIONS (STATE AND TERRITORY ARRANGEMENTS) BILL 2020
Today, I am introducing Australia's Foreign Relations (State and Territory Arrangements) Bill 2020.
The Commonwealth Government has many important roles to play. But one of the most important is our exclusive responsibility for setting Australia's foreign policy, negotiating treaties and representing our nation internationally.
That is not, however, to undervalue the important contribution that State, Territory and local government entities make to advancing Australia's foreign policy.
The types of arrangements entered into at these levels of government vary from Strategic Partnership arrangements; Memoranda of Understanding to encourage investment or cultural exchange; through to industry-specific cooperation arrangements, for example on education, energy or agriculture.
Most of these arrangements are a useful and productive part of Australia's huge breadth of international engagement, and it is important that we continue to encourage these links.
The Commonwealth Government, however, does not currently have visibility of all the arrangements which State, Territory and local governments, and related entities including public universities, have made with foreign governments.
While the Commonwealth Government sets a foreign policy agenda to both protect and promote the national interest, there is no consistent practice or requirement for State, Territory and local government, as well as Australian public universities, to consult with the Commonwealth when entering into arrangements with foreign governments.
This process, or lack of process, creates two significant challenges.
The first is that without Commonwealth engagement, there is a very real and significant risk that arrangements may be entered into that are inconsistent with, and in some cases may even undermine, Australia's broader foreign policy objectives.
The second is that without this visibility, the nation is unable to leverage these relationships to further our national objectives in our international engagements.
This gap in Commonwealth oversight must be remedied, and this Bill will create a process where we all – federal, State, Territory and local governments – work effectively together to ensure arrangements are consistent with our national approach to foreign relations.
Creating a process
The Bill will enable the Minister for Foreign Affairs to assess arrangements between State, Territory or local governments or an Australian public university and a foreign government, and related entities, and determine whether they:
1. adversely affect Australia's foreign relations; or
2. are inconsistent with Australia's foreign policy.
The Bill will capture all written arrangements with all foreign governments. This includes, for example national level foreign governments and their departments or agencies, and sub-national foreign governments such as provinces, states or municipalities.
The Bill is country agnostic and arrangement agnostic – the intention is not to target one particular type of arrangement or country.
We recognise, however, that there will be divergence in the likely impact different types of arrangements have on Australia's foreign policy.
For this reason, the Bill takes a nuanced approach, with different requirements for 'core' and 'non-core' arrangements.
Core arrangements
'Core' arrangements are those between State and Territory governments and foreign national governments, reflecting that they are most likely to affect Australia's foreign policy and foreign relations.
The Bill provides that the State or Territory entity will require approval from the Minister for Foreign Affairs before commencing negotiations, or entering into, a core arrangement.
The Minister will be empowered not to approve the negotiation or the arrangement where it would either adversely affect Australia's foreign relations or would be inconsistent with Australia's foreign policy.
If the State or Territory proceeds without the requisite approval, then the arrangement will either be automatically invalidated or will be required to be terminated or varied.
Non-core arrangements
A broader range of arrangements will fall within the scope of 'non-core' arrangements, including:
State and Territory entities will only need to notify the Minister for Foreign Affairs if they propose to enter a non-core arrangements, with the Minister able to also make declarations concerning negotiations of such arrangements.
Where a negotiation or arrangement would adversely affect Australia's foreign relations or is inconsistent with our foreign policy, the Minister for Foreign Affairs will be empowered to prevent the negotiation or arrangement from proceeding.
Pre-existing arrangements
The Bill also empowers the Foreign Minister to review any existing or prospective arrangement between state, territory and local government entities – including Australian public universities – and foreign governments.
The scheme is intentionally comprehensive to ensure that the Commonwealth can fulfil its constitutionally-mandated role to conduct Australia's foreign affairs and represent Australia internationally.
We cannot do so without full knowledge of current and prospective arrangements across all levels of government.
Enforcement and rule-making
The Bill provides for enforcement of decisions made under the Bill through Court injunctions.
The Bill also includes a broad rule-making power to ensure the Minister for Foreign Affairs has the authority to make such rules as are necessary for the effective operation of the legislation. This includes exempting certain categories of State or Territory entity and foreign entity from the scope of the Bill, ensuring we can take a flexible approach and reduce any regulatory impost where possible.
Public Register
Finally, the Bill will require the Minister for Foreign Affairs to maintain a publicly-accessible register, to allow for transparency under the scheme, and to provide the public with information relating to foreign arrangements notified to the Minister and any decisions made by the Minister in relation to those arrangements.
Support to stakeholders
The Government acknowledges that the Bill is broad in scope, and deliberately so. To effectively manage Australia's foreign policy, the Commonwealth needs a comprehensive understanding of the arrangements being entered into at all levels of government.
We acknowledge that this process reflects a shift in approach for States, Territories, local government and Australian public universities, and we will support stakeholders to transition to the new requirements under the Bill.
Conclusion
In 1901 Alfred Deakin, who would later become Australia's second Prime Minister, wrote:
"It would be judicious and advantageous to provide by Act that the Commonwealth Executive shall administer all existing State laws in regard to…treaties and conventions, and all other external affairs. These should be entirely under the control of the Commonwealth. The whole scope and spirit of the Constitution require that save for the purposes of their domestic policies within their own domains the States shall be blended and absorbed into one political entity. They may still appear in some respects as a body of allied States, but to the Empire of which they form a part and to the world without it they have become and must remain a nation and a Commonwealth one and indivisible."a2a
As the Prime Minister has said, Australians have a right to expect that the Commonwealth Government they elect will set our nation's foreign policy. It is the Commonwealth Government's responsibility to ensure that our foreign policy both protects and promotes our national interest.
This Bill is designed to give the Australian public confidence that all levels of Australian government are coordinated, aligned and working effectively for their interests.
The Bill is necessary and it is proportionate.
It is necessary, because it ensures that the Commonwealth Government will have full visibility of all arrangements with foreign countries, and can support the States, Territories and local government and Australian public universities in undertaking effective, appropriate and informed international engagement overseas.
And it is proportionate to the complex global challenges and risks facing Australia today.
In the face of an increasingly complex and challenging global environment, in all international engagement, across every level of government and across every country, it is vital that Australia speaks as one nation, with one voice. This Bill will ensure that we do so.
AUSTRALIA'S FOREIGN RELATIONS (STATE AND TERRITORY ARRANGEMENTS) (CONSEQUENTIAL AMENDMENTS) BILL 2020
Today I am introducing the Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020 (the Consequential Amendments Bill).
The Bill gives effect to Australia's Foreign Relations (State and Territory Arrangements) Bill 2020 (the Foreign Relations Bill), which enables the Minister for Foreign Affairs to assess whether arrangements between State and Territory governments and foreign governments, and entities related to them, would adversely affect Australia's foreign relations or would be inconsistent with Australia's foreign policy or.
The Consequential Amendments Bill amends the Foreign Acquisitions and Takeovers Act 1975 to ensure information under that scheme can be shared for the purposes of the Foreign Relations Bill.
This amendment is important, because there may be occasions of intersection or overlap between arrangements subject to the regulatory frameworks in both the Foreign Relations Bill and the Foreign Acquisitions and Takeovers Act.
Effective and efficient information sharing between the Ministers and the Commonwealth entities administering these schemes will support a coordinated approach to managing arrangements between the States and Territories and foreign governments.
The Consequential Amendments Bill also amends the Administrative Decisions (Judicial Review) Act 197 7 to list the Foreign Relations Bill as a law to which that Act does not apply. This means that the Foreign Relations Bill will not be subject to review under the Administrative Decisions (Judicial Review) Act.
This is a necessary amendment, because decisions made under the Foreign Relations Bill will involve complex foreign policy considerations within the exclusive remit of the Commonwealth Government and the Minister for Foreign Affairs to determine and manage.
It is not appropriate for these decisions to be open to judicial review under the Administrative Decisions (Judicial Review) Act.
Decisions made under the Foreign Relations Bill will be assessed on the basis of Australia's foreign relations and foreign policy, and as such, the opportunity for such decisions to be subject to judicial review should be reduced to preserve the Commonwealth Government's prerogative – exercised through the Minister for Foreign Affairs – to determine Australia's foreign relations posture and foreign policy.
Individuals affected by a decision under the Foreign Relations Bill may still seek judicial review by the Federal Court and the Federal Circuit Court or by the High Court.
This will ensure that affected individuals have an avenue to challenge decisions that affect them.
The Consequential Amendments Bill makes important amendments to support the operation of the Foreign Relations Foreign Relations Bill.
Radiocommunications Legislation Amendment (Reform and Modernisation) Bill 2020
Radiocommunications (Receiver Licence Tax) Amendment Bill 2020
Radiocommunications (Transmitter Licence Tax) Amendment Bill 2020
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
RADIOCOMMUNICATIONS LEGISLATION AMENDMENT (REFORM AND MODERNISATION) BILL 2020
Radiofrequency spectrum is a vital resource which underpins many aspects of Australia's digital economy, such as the operation of fixed and mobile wireless communication networks. It is essential that the legislation governing the management of that spectrum is flexible and effective.
With markets and technology having changed markedly since the current legislative framework took effect, there is a clear need to update that framework.
The Radiocommunications Legislation Amendment (Reform and Modernisation) Bill 2020, which I introduce here today, will modernise the management of spectrum and radiocommunications in Australia.
A lot has changed since the Radiocommunications Act 1992 was first introduced. For example, when the Act was introduced in 1992, a typical equipment supply chain was from manufacturer, to retailer, to customer. Today, shopping on the internet means that modern supply chains are more diverse and complex making it more difficult to identify and place requirements on different parties in a supply chain and to hold those parties to account.
The processes in the Act for allocating and re-allocating spectrum, licensing and renewal can be significantly improved, meaning less red tape. Spectrum not being allocated quickly and easily imposes unnecessary costs on both industry and government. It slows the pace of innovation being driven by emerging technology and the enthusiasm of the sector to make better, more creative and productive use of the spectrum.
The Government's 2015 Spectrum Review highlighted the limitations of the current framework and looked to reform the way spectrum is managed. Consultation on an initial draft Bill was undertaken in in 2017. When I became Minister, I considered the outcomes of this consultation process, and I listened to the concerns of stakeholders around the costs of transition to a new Act to regulate spectrum. I concluded that the best way to achieve effective reform was through a series of targeted amendments. Following this, further stakeholder consultation occurred in June and July this year, with stakeholders indicating broad support for the Bill that I am introducing today. The proposed amendments in this Bill are in line with the original recommendations of the Spectrum Review and take into account the feedback received from stakeholders.
The amendments will clarify the object of the Act and streamline spectrum allocation and reallocation processes. They will remove unnecessary prescription and legislative barriers, add flexibility, and more clearly delineate the roles of the Minister and the regulator in spectrum allocation processes.
Amendments include:
I will now provide a brief overview of the proposed reforms of the Bill. In Schedule 1 of the Bill, the Object of the Act has been streamlined so that the intention of the Act is clear and the long-term public interest is promoted. In addition, issues such as public safety and defence have been made more prominent to further support the national interest.
Schedule 2 of the Bill introduces two new means for clarifying the roles and responsibilities of the Minister in setting government policy and the regulator in implementing that policy. These are Ministerial policy statements and the annual work program. Ministerial policy statements allow the Minister to provide ACMA with policy guidance or to convey government expectations and strategic priorities for ACMA's spectrum management functions. ACMA will be required to produce an annual work program, with the aim of giving more and better information to users and the market. Importantly, the annual work program will be prepared in consultation with stakeholders and ACMA will be required to report back on its performance in its annual report. This builds on the work that ACMA currently undertakes through the annual development and publication of its Five Year Spectrum Outlook.
Schedule 3 of the Bill is focussed on licencing and associated processes. Through this schedule the maximum licence terms for apparatus and spectrum licences is extended to 20 years. To provide greater assurance to licensees, renewal statements will be introduced for spectrum licence and complex apparatus licences. This will make clear the requirements for any further licence. This, in turn, will assist licensees to make long term planning decisions. Where a licence is proposed to be renewed for a period of 10 years or longer, ACMA must be satisfied that the issue of the licence is in the public interest. As part of the schedule, the scope of responsibility for ACMA in the allocation and re-allocation of spectrum is broadened, in line with the intention to devolve more responsibilities to ACMA while enabling the Minister to provide policy guidance. ACMA is granted the power to set allocation limits to promote competition and to make spectrum re‑allocation declarations to promote efficient planning and use of spectrum bands.
Schedule 4 enables ACMA to regulate equipment through statutory rules that prescribe technical standards, record keeping requirements and labelling obligations. These rules will be imposed from the point of supply, so an ordinary user can operate a radiocommunications device with confidence that the device complies with a spectrum authorisation or licence. The Bill will introduce civil penalties for breaches of equipment rules, as well as infringement notices for non-compliant users. The Schedule gives ACMA the power to make interim and permanent equipment bans backed up with significant criminal and civil penalties.
Schedule 5 expands the powers of accredited persons and is intended to provide ACMA the flexibility to broaden the scope of the existing accreditation powers. This would allow ACMA to devolve certain kinds of administrative or technical work to qualified individuals. This gives ACMA greater flexibility to align resources with priority outcomes.
Schedule 6 introduces a more simplified and streamlined set of compliance and enforcement powers. This means ACMA takes enforcement action that is proportionate to the seriousness of the breach. The amendments also include a new civil penalty provision that provides that a person must not engage in conduct that results in substantial interference, substantial disruption or substantial disturbance to radiocommunications within Australia (or between a place in Australia and a place outside Australia).
Schedule 7 provides targeted information gathering powers to enable ACMA to require persons to provide information about unlawful possession of devices or compliance or non-compliance with licence conditions. This is relevant to ACMA's administration of various parts of the Act, which have to do with planning, licensing (including re-issue and renewal), interference management and compliance.
Schedule 8 gives ACMA powers to grant certain activities or persons with exemption from compliance with parts of the Act and, amongst other measures, gives ACMA authority to use computer assisted decision making, particularly in the renewal of licences. These types of improvements will provide greater decision-making certainty to the sector and reduce unnecessary regulatory burden.
Schedule 9 of the Bill repeals the datacasting transmitter licence framework. This licencing framework has not been used to date. Schedule 10 repeals ACMA's power to hold a public inquiries about radiocommunications which has also not been used.
In summary, this Bill provides a clear reform pathway to modernise our spectrum management framework, which will deliver benefits to spectrum users by cutting red tape. It provides a more flexible framework, and allows a longer-term investment horizon, to allow industry to better adapt to future innovations and changing demand for spectrum, including the rollout of future generation wireless technology.
RADIOCOMMUNICATIONS (RECEIVER LICENCE TAX) AMENDMENT BILL 2020
As part of the Government's reform to spectrum management, today I am also introducing this Bill, the Radiocommunications (Receiver Licence Tax) Amendment Bill 2020.
This Bill is a companion Bill to the Radiocommunications Legislation Amendment (Reform and Modernisation) Bill 2020. That Bill extends the maximum licence terms for apparatus licences (including receiver licences) and spectrum licences to 20 years.
As a consequence of those amendments, this Bill seeks to align some of the arrangements for the payments licensees make for the value of the spectrum that they use under their licences. The arrangements for spectrum licensees include paying a spectrum access charge at a time specified by the Australian Communications and Media Authority. By comparison, the Radiocommunications (Receiver Licence Tax) Act 1983 provides the licensees of a receiver licence of more than 12 months duration with a choice in when tax is imposed – either a full amount on their licence being issued, or annual instalments.
Recognising that long-term, high-value receiver licences would become more available under the Government's reforms, the amendments in this Bill will enable ACMA to determine whether the holder of specified classes of receiver licences pay tax upfront or in annual instalments. This will include ACMA being able to specify that all licences for a particular use or of a particular duration need to pay upfront, consistent with general practice for spectrum licences, to avoid causing a distortion in the demand for different licence types.
These amendments will only apply to licences issued after commencement, and will not make changes to how the amount of tax that licensees pay for their licence will be calculated.
The amendments in this Bill will support the reforms of spectrum management proposed by the Radiocommunications Legislation Amendment (Reform and Modernisation) Bill 2020, which are designed to provide a more flexible regulatory framework to support the adoption of new technologies.
RADIOCOMMUNICATIONS (TRANSMITTER LICENCE TAX) AMENDMENT BILL 2020
Today I am pleased to be introducing this supporting bill, the Radiocommunications (Transmitter Licence Tax) Amendment Bill 2020, as part of the Government's spectrum management reforms.
This Bill is a companion Bill to the Radiocommunications Legislation Amendment (Reform and Modernisation) Bill 2020. That Bill extends the maximum licence terms for apparatus licences (including transmitter licences) and spectrum licences to 20 years.
As a consequence of those amendments, this Bill seeks to align some of the arrangements for the payments licensees make for the value of the spectrum that they use under their licences. The Radiocommunications (Transmitter Licence Tax) Act 1983 provides the licensees of a transmitter licence of more than 12 months duration with a choice in whether tax is imposed as a full amount on their licence being issued, or as annual instalment payments. In comparison, the arrangements for spectrum licensees include paying a spectrum access charge at a time specified by the Australian Communications and Media Authority.
Recognising that long-term, high-value transmitter licences would become more available under the Government's spectrum management reforms, the amendments in this Bill will enable ACMA to determine whether the holder of specified classes of transmitter licences pay tax upfront or in annual instalments. This will include ACMA being able to specify that all licences for a particular use or of a particular duration need to pay upfront, consistent with general practice for spectrum licences, to avoid causing a distortion in the demand for different licence types.
These amendments will only apply to licences issued after commencement, and will not make changes to how the amount of tax that licensees pay for their licence will be calculated.
The amendments in this Bill will support the reforms of spectrum management proposed by the Radiocommunications Legislation Amendment (Reform and Modernisation) Bill 2020, to provide for a more flexible framework for a longer-term investment horizon.
Appropriation Bill (No. 1) 2020-2021
Appropriation Bill (No. 2) 2020-2021
Appropriation (Parliamentary Departments) Bill (No. 1) 2020-2021
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
APPROPRIATION BILL (NO. 1) 2020-2021
In 2020, Australians have been tested like never before.
Flood, fires, drought, and a global pandemic.
So many Australians, through no fault of their own, are doing it tough.
Lives have been lost.
Businesses have closed.
Jobs have gone.
Our cherished way of life has been put on hold.
Our local heroes, the healthcare workers on the front-line, just as the volunteer firefighters did over summer, are showing us the way.
Their courage, commitment, and compassion show the very best of Australia.
Tonight, a grateful nation gives thanks.
These qualities are the invisible strength of Australia.
We are a resilient people, a proud nation and we will get through this together.
The Great Depression and two World Wars did not bring Australia to its knees, and neither will COVID-19.
Economic environment
COVID-19 has resulted in the most severe global economic crisis since the Great Depression.
Across the world the equivalent of 600 million jobs have been lost.
The global economy is expected to contract by 4.5 per cent this year compared to just 0.1 per cent during the GFC.
Australia has not been immune.
Our economy is being hit, and hit hard.
In the space of just one month, more than one million Australians have lost their job or saw their working hours reduced to zero. In my home State of Victoria, millions have been in lockdown.
In response, the Morrison Government has committed unprecedented support, saving lives, cushioning the blow and helping Australians remain in work.
Our measures were temporary, were targeted, and were proportionate.
JobKeeper is a $101 billion economic lifeline that is today supporting more than 3.5 million Australians.
The cash flow boost has already provided $28 billion, helping around 800,000 small and medium businesses stay afloat.
JobSeeker doubled the safety net.
Two $750 payments went to millions of pensioners, carers, and others on income support.
Together, our actions saved 700,000 jobs.
We could do this because we entered this crisis from a position of economic strength. We brought the Budget back to balance for the first time in 11 years and we maintained our AAA credit rating.
This gave us the fiscal firepower to respond when we needed it most.
Our economic response has come at a significant cost.
COVID-19 will see our deficit reach $213.7 billion this year, falling to $66.9 billion by 2023-24.
Net debt will increase to $703 billion or 36 per cent of GDP this year and peak at $966 billion or 44 per cent of GDP in June 2024.
This is a heavy burden, but a necessary one to responsibly deal with the greatest challenge of our time.
By comparison, Australia's net debt as a share of the economy will peak at half of that in the United Kingdom, around a third of that in the United States and around a quarter of that in Japan today.
Australia's economy contracted by seven per cent in the June quarter. By comparison, there were falls of around 12 per cent in New Zealand, 14 per cent in France, and around 20 per cent in the United Kingdom.
The Australian economy is now fighting back.
More than half of those who lost their job are now back at work.
There remains a monumental task ahead.
But there is hope, and Australia is up to the task.
Tonight, we embark as a nation on the next phase of the journey—a journey to rebuild our economy and secure Australia's future.
Our plan will grow the economy.
Our plan will create jobs.
Our plan will guarantee the essential services that Australians rely on.
And we will do this without increasing taxes.
Our plan is guided by our values.
Our circumstances may have changed, but our values endure: providing a helping hand to those who need it; personal responsibility; reward for effort; the power of aspiration.
We owe it to the next generation to ensure a strong economy so that their lives are filled with the same opportunities and possibilities that we have enjoyed.
Tonight, I lay out the Morrison government's economic recovery plan to steer Australia through this crisis and build a better future.
JobMaker Hiring Credit
There is no economic recovery without a jobs recovery. There is no budget recovery without a jobs recovery.
This Budget is all about jobs.
Starting tonight, there will be a new JobMaker hiring credit to encourage businesses to hire younger Australians.
The JobMaker hiring credit will be payable for up to 12 months and immediately available to employers who hire those on JobSeeker aged 16 to 35.
It will be paid at the rate of $200 per week for those aged under 30, and $100 per week for those aged 30-35.
New hires must work for at least 20 hours a week.
All businesses, other than the major banks, will be eligible.
Treasury estimates that this will support around 450,000 jobs for young people.
Having a job means more than having an income.
It means economic security.
It means independence.
It means opportunity.
And we can't let this COVID recession take that away.
Record investments in skills and training
Mr Speaker, this Budget is making a record investment in upskilling and reskilling Australians.
We have established the $1 billion JobTrainer fund to create up to 340,000 free or low cost training places for school leavers and job seekers.
We have also committed $2.8 billion to protect 180,000 apprenticeships and trainees.
Tonight, we go further.
We commit an additional $1.2 billion to create 100,000 new apprenticeships, with a 50 per cent wage subsidy for businesses who employ them.
In this Budget, to help Australians get a job we are funding:
We are investing in regions across Australia to connect job seekers to local employment opportunities.
Including in Darwin, Townsville and Cairns in our north, through to Gippsland, Hobart and Adelaide in the south; from Perth in the west, and the Hunter in the east.
Tonight, we are also making important changes to our tax system to further encourage businesses and employees to retrain.
In a modern economy, workers and businesses need to adapt.
So should our tax system.
Backing hard working Australians
Mr Speaker, in last year's Budget we promised the Australian people tax relief so that they could keep more of what they earn.
We delivered.
Putting more money into the pockets of hard working Australians strengthened our economy and our ability to respond to this economic crisis.
Tonight we go further again.
More than 11 million taxpayers will get a tax cut backdated to 1 July this year.
Australians will have more of their own money to spend on what matters to them, generating billions of dollars of economic activity and 50,000 new jobs.
It will help local businesses to keep their doors open and hire more staff.
Lower and middle income earners will this year receive tax relief of up to $2,745 for singles, and up to $5,490 for dual income families compared with 2017-18.
We will achieve this by bringing forward Stage Two of our legislated tax cuts by two years, lifting the 19 per cent threshold from $37,000 to $45,000, and lifting the 32.5 per cent threshold from $90,000 to $120,000.
We will also retain the Low and Middle Income Tax Offset for an additional year.
As a proportion of tax payable compared to 2017-18, the greatest benefits will flow to those on lower incomes—with those earning $40,000 paying 20 per cent less tax, and those on $80,000 paying around 11 per cent less tax this year.
Under our changes, more than seven million Australians receive tax relief of $2,000 or more this year.
These expanded tax cuts are part of a major structural reform to our tax system that will see around 95 per cent of taxpayers face a marginal tax rate of no more than 30 cents in the dollar in 2024-25.
Under the coalition taxes will always be lower.
Kick-starting investment
Mr Speaker, eight out of every 10 jobs in Australia are in the private sector.
It is the engine of the Australian economy.
It needs a kick-start.
Building on the successful expansion of the Instant Asset Write Off during the COVID crisis, tonight we go further, announcing the largest set of investment incentives any Australian government has ever provided.
From tonight, over 99 per cent of businesses will be able to write off the full value of any eligible asset they purchase for their business.
This will be available for small, medium and larger businesses with a turnover of up to $5 billion until June 2022.
It is a game changer.
It will unlock investment.
It will dramatically expand the productive capacity of the nation and create tens of thousands of jobs.
A trucking company will be able to upgrade its fleet, a farmer will be able to purchase a new harvester and a food manufacturing business will be able to expand its production line.
This will boost the order books of the nation.
Small businesses will buy, sell, deliver, install, and maintain these purchases.
Every sector of our economy, every corner of our country, will benefit.
This is how we will get Australians back to work.
Through no fault of their own, millions of small and medium sized businesses have faced lockdowns and restrictions that have severely impacted their ability to trade.
COVID-19 has turned fundamentally good businesses into loss-making businesses.
Normally, businesses would have to return to profit before they can use these losses.
But these are not normal times.
In order to keep their workers, these businesses need our help now.
They cannot wait years for the tax system to catch up.
They need our help now.
So tonight I am announcing companies that have been doing it tough throughout this crisis will be able to use their losses earlier.
Losses incurred to June 2022 can be offset against prior profits made in or after the 2018-19 financial year.
The combination of the immediate expensing and loss carry-back measures will create an additional 50,000 jobs across the country.
Together with our reforms to insolvency and the provision of credit, we are giving Australian businesses their best chance to succeed and keep more Australians in work.
Women ' s economic security statement
Mr Speaker, Australian women made up the majority of those who lost their jobs during this crisis.
As the health restrictions have eased, these jobs have started to come back, with 60 per cent of the 458,000 jobs created since May filled by women.
But challenges remain.
We are determined to see female workforce participation reach its pre-COVID-19 record high.
This Budget includes our second Women's Economic Security Statement, with $240 million in measures and programs to support:
The 2020 Women's Economic Security Statement will create more opportunities and choices for women, not just for this recovery but for generations ahead.
Strengthening our recovery and building our capability
Mr Speaker, COVID-19 has reinforced the importance of Australia's sovereign manufacturing capability.
Almost overnight, resourceful Australian businesses adapted.
A reconfigured supply chain tripled mask production at a factory in Shepparton.
Production lines for sleep apnoea devices were converted to make ventilators in Western Sydney.
Gin distilleries became manufacturers of hand sanitiser across Tasmania.
And, tonight, we build on these strengths with a plan to ensure Australian manufacturing plays an even greater role in our economic recovery.
Our $1.3 billion Modern Manufacturing plan will target six national manufacturing priorities:
This plan is built on the JobMaker platform of enabling our manufacturing businesses to be globally competitive through cheaper and more reliable energy. Better skills and training. Lower taxes. Less red tape and more flexible workplaces.
Mr Speaker, Research and Development, the adoption of digital technology, and affordable and reliable energy will be critical to Australia's future economic prosperity.
In this Budget, we are providing $2 billion in additional Research and Development incentives – removing the cap on refunds, lifting the rate and rewarding those businesses that invest the most.
We are also providing:
We are also helping to unlock five key gas basins starting with the Beetaloo Basin in the Northern Territory and the North Bowen and Galilee Basins in Queensland.
More gas at lower prices will support jobs in Australia's manufacturing sector.
Infrastructure investment to drive jobs
Mr Speaker, rebuilding our economy includes building more roads, more rail and more bridges.
In this Budget, we will expand our record 10 year infrastructure pipeline which is already supporting 100,000 jobs across worksites today.
Together with what we have announced since the start of this crisis, measures in this Budget will see $14 billion in new and accelerated infrastructure projects support a further 40,000 jobs.
This will boost productivity and deliver benefits to Australians.
This Budget will fund major projects across each state:
These and the many other projects we are funding will set Australia up for the future.
We know that building more infrastructure now means creating more jobs.
So tonight, we are also announcing a $2 billion investment in road safety upgrades to save Australian lives.
Funding for these shovel ready projects will be provided on a use it or lose it basis.
If a state drags its feet, another state will get the money.
We need works to start, not stall.
We are also expanding the Local Roads and Community Infrastructure program, investing an additional $1 billion to support local councils immediate upgrades of local roads, footpaths, and street lighting.
These investments in our local communities will support local jobs.
Supporting the recovery in our regions
Mr Speaker, our regions have endured the most widespread natural disasters in decades.
Tonight's Budget includes a package of measures to create jobs and back regional Australia's economic recovery:
Our regions cannot thrive without water.
This Government is building water infrastructure for the 21st Century to increase our water security, build resilience, deliver jobs and grow our agricultural sector.
We have already funded over 20 projects to supply billions of litres of water for productive use, with construction of the Emu Swamp dam currently underway.
In this Budget we have doubled our commitment to Wyangala and Dungowan dams with our investment totalling $567 million.
Tonight, we go further.
I announce $2 billion in new funding to build vital water infrastructure across the country as part of our national water grid, including dams, weirs, and pipelines.
This will support regional communities and regional jobs.
Protecting our environment
Mr Speaker, protecting our environment and this magnificent continent is our responsibility.
This Budget builds on the investments we made in last year's Budget with an additional $1.8 billion in funding for the environment.
Our investments reflect our commitments to help our wildlife recover from the Black Summer bushfires and to protect and enhance our unique natural environment.
We will undertake the biggest single investment in Australia's Commonwealth National Parks, injecting $233 million to upgrade facilities in Uluru, Kakadu, Christmas Island and Booderee National Park.
In this Budget we will also provide $67 million in further funding to protect our oceans by improving their health and restoring Australia's mangroves, tidal marshes, and sea grasses.
By recycling more waste we can also create jobs.
The Morrison Government is banning the export of plastic, paper, tyres, and glass waste.
In the words of the Prime Minister: 'it's our waste, it's our responsibility'.
This Budget will invest $250 million to modernise our recycling infrastructure, stop more than 600,000 tonnes of waste ending up in landfill and by doing so help to create a further 10,000 jobs.
Further investments to strengthen our resilience to natural disasters will be announced in our response to the Royal Commission into National Natural Disaster Arrangements.
Increasing home ownership & investing in affordable housing
Mr Speaker, tonight we help thousands more Australians achieve home ownership, and support thousands of jobs in the construction industry.
An additional 10,000 first home buyers will be able to purchase a new home sooner under our First Home Loan Deposit Scheme.
This builds on the 20,000 first home buyers we are helping to purchase a home this year with a deposit as low as 5 per cent under this Scheme.
In this Budget, we are also enabling an additional $1 billion of low cost finance to support the construction of affordable housing.
This takes the total concessional finance that has been made available to community housing providers to $3 billion.
It is in addition to the $4.6 billion a year we provide in rental assistance.
Tonight we are also investing $150 million in the Indigenous Home Ownership Program to construct new homes in regional areas, creating more jobs and helping hundreds of indigenous families buy their own home.
Guaranteeing the essential services
The COVID-19 crisis has confirmed how vital it is to have a strong economy that can continue to guarantee the delivery of essential services.
In this Budget, there is record funding for hospitals, schools, child care, aged care and disability services.
We are providing an additional $3.9 billion for the NDIS which is providing life-changing support to 400,000 Australians with a disability.
Every Australian can be confident that the NDIS will always be fully funded under a Coalition Government.
We have committed over $16 billion as part of the Government's ongoing health response to the COVID-19 crisis.
Securing millions of masks, gowns, goggles, and ventilators, we have worked with the States to significantly increase the capacity of Intensive Care Units across the country.
We have extended Medicare subsidised telehealth services, enabling more than 30 million consultations to occur since the crisis began.
We have secured access to more than 80 million doses of potential vaccines for COVID-19.
Mr Speaker, mental health and suicide prevention is a national priority.
My heart goes out to all those Australians - young and old - for whom COVID-19 has caused such pain.
My message tonight is that this House stands with you.
You are not alone.
Around 7 million Medicare subsidised mental health services have been delivered since March.
Tonight we are doubling the number of Medicare funded psychological services through the Better Access Initiative, from 10 to 20.
We are providing more funding for Lifeline, headspace, Beyond Blue and Kids Helpline.
We are providing support for more young Australians with a mental illness to help them participate in the workforce.
These initiatives bring our commitment to mental health support to $5.7 billion this year.
And this is not the last word.
In coming weeks, we will release the Productivity Commission's Mental Health final report and the interim report into suicide prevention commissioned by the Prime Minister.
These reports will guide our future actions, and working together with the states and the territories, we will save lives.
Mr Speaker, the Pharmaceutical Benefits Scheme (PBS) has provided access to critical medicines for all Australians.
We have delivered on our commitment to list all medicines recommended by the independent experts.
With more than 2,000 new and amended listings since we came to Government.
Tonight I am announcing the listing of Lynparza to help women with ovarian cancer.
Instead of costing more than $140,000 per course of treatment, patients will now have access to this medicine at $6.60 per script for concession card holders and around $41 per script for general patients.
This is what it means to have a strong economy. This is what it means to look after one's fellow Australians.
Mr Speaker, senior Australians have faced enormous challenges during COVID-19 including isolation and separation from their children, their grandchildren and their friends.
To support our Aged Pensioners, we provided $750 payments in April and July.
Tonight I announce that Aged Pensioners will receive an additional $250 payment from December and a further $250 payment from March next year.
Aged care is one of the greatest challenges that we face in delivering essential services to Australians.
During this crisis an additional $1.6 billion has already been provided to support the needs of Australians in aged care.
Next February, the Government will receive the final recommendations of the Royal Commission we established into Aged Care. In December of last year we committed an additional $537 million to immediately respond to the interim report.
The Government will provide a comprehensive response to the final recommendations following receipt of that report. This will involve significant additional investment.
But we will continue to take action now, as promised.
For senior Australians who want to keep living at home, tonight the Morrison Government announces our largest single increase of 23,000 additional home care packages, at a cost of $1.6 billion.
This brings the total to more than 180,000 places, three times the number of home care packages than when we came to Government. Ninety nine per cent of all those seeking an in-home aged care package now have access to some form of in-home support.
We're also investing more in this Budget to improve skills in the aged care workforce and provide additional dementia training and support.
But we know that there is more to be done.
Your future, your super
Mr Speaker, there is now $3 trillion in the superannuation accounts of Australians.
Too many Australians are paying too much in their superannuation fees.
At $30 billion a year, the superannuation fees Australians pay exceeds the cost of their household gas and electricity bills combined.
Australians today are paying $450 million a year in unnecessary fees as a result of 6 million multiple accounts.
Tonight I announce that new super accounts will no longer be automatically created every time a worker changes jobs.
Under our reforms, your super will now follow you.
Superannuation funds will be required to meet an annual performance test under the guidance of the prudential regulator.
Poor performing funds will have nowhere to hide and will be required to notify their members of their underperformance.
To help more Australians make an informed choice about who will manage their retirement savings, the Government will also establish an online comparison tool known as 'YourSuper'.
It will provide Australians with transparent and trusted information about fees and returns.
Over the next decade, the reforms announced tonight will reduce waste in the system and save Australian workers $17.9 billion – ensuring your super works better for you.
Keeping Australians safe
Mr Speaker, the coronavirus is a new and invisible enemy.
However, other threats to our security have not gone away.
Additional funding in this Budget will see a total $1.7 billion invested in our cyber-security plan to keep Australians safe and secure online.
A further $450 million is provided for our law enforcement and intelligence agencies to keep Australians safe from domestic and foreign threats.
We're also providing record funding for the Australian Defence Force as it continues to defend our interests abroad and come to our aid at home.
We saw them in action evacuating families stranded by the fires at Mallacoota, disposing of livestock that had fallen victim to flood in Julia Creek and conducting over 250,000 COVID tests across the country.
Our Defence Force is always there for us.
In this Budget we are bringing forward $1 billion in planned defence spending to support jobs as well as extending a range of health and employment programs for our veterans, helping them transition to civilian life.
Economic outlook
Mr Speaker, the global economic environment remains uncertain with the impact of this crisis to be felt for many years to come.
In Australia, the economy is forecast to fall by 3.75 per cent this calendar year and unemployment to peak at 8 per cent in the December quarter.
Next calendar year, the economy is forecast to grow by 4.25 per cent, and unemployment to fall to 6.5 per cent by the June Quarter 2022.
Our economic and fiscal strategy sets out the path to grow the economy, stabilise debt, and then reduce it over time.
It has two phases.
First, it focuses on boosting consumer and business confidence, growing the economy and creating jobs.
Once the recovery has taken hold and the unemployment rate is on a clear path back to pre-crisis levels, comfortably below 6 per cent, we will move to the second phase where there is a deliberate shift from providing temporary and targeted support to stabilising gross and net debt as a share of the economy.
We will then rebuild our fiscal buffers, so that we can be prepared for the next economic shock.
More people in jobs means a stronger Budget position.
Conclusion
Mr Speaker, this year, Australia's circumstances have changed dramatically.
But Australians have not.
We are a hard-working, resilient, resourceful, and compassionate people.
Across this country, people are digging deep, banding together, and getting on with it.
The road to recovery will be hard - but there is hope.
The Morrison Government's message to all Australians is that we have your back.
We have a plan to rebuild our economy and to create more jobs.
Our JobMaker hiring credit will support nearly half a million young Australians in work.
Our record investment in skills and training will strengthen Australia's workforce.
Our manufacturing plan will support the recovery and build our sovereign capability.
Tax incentives will unleash a wave of investment across the country.
And tax cuts will put more money into the pockets of 11 million hard-working Australians and their families.
We are building the infrastructure we need for the future.
We are guaranteeing healthcare and the essential services that Australians rely on.
We are doing this by growing the Australian economy, not increasing taxes.
Together Australia will come back.
Together we will rebuild the economy and secure Australia's future.
I commend this bill to the House.
APPROPRIATION BILL (NO. 2) 2020-21
Appropriation Bill (No. 2) 2020-2021 , along withAppropriation Bill (No. 1) 2020-2021 andAppropriation (Parliamentary Departments) Bill (No. 1) 2020-2021 , are the Budget Appropriation Bills for the remainder of this financial year.
This Bill seeks approval for appropriations from the Consolidated Revenue Fund of approximately $14.9 billion. This broadly represents five-twelfths of the estimated 2020-21 annual appropriations and new measures. Together with Supply Act (No. 2) 2020-2021 , this Bill provides a full year of appropriations for purposes that are non-ordinary annual services of Government for 2020-21, including capital works and services; payments for the States, Territories and local government authorities; and funding for new administered outcomes not previously endorsed by the Parliament.
This Bill also includes a revised Advance to the Finance Minister for $6 billion, as a part of the re-set ceiling of $10 billion between Bill 1 and 2. This is down from the total $40 billion that could be issued under previous AFM provisions and takes into consideration the evolving nature of the COVID‑19 pandemic, allocations that have been made to date and the uncertainty around what may be required over the balance of 2020-21.
I will now outline the significant items provided for in this Bill.
The Defence portfolio will receive nearly $8.5 billion to deliver on the Government's commitments to improve Defence capability, as set out in the 2016 Defence White Paper, as well as the 2020 Force Structure Plan and 2020 Strategic Update.
The Agriculture, Water and the Environment portfolio will receive approximately $2.5 billion including for concessional loans to primary producers and related small businesses through the Regional Investment Corporation as part of the measure 'Drought Response, Resilience and Preparedness Plan — further support for farmers and communities in drought'.
The Infrastructure, Transport, Regional Development and Communications portfolio will receive approximately $1.4 billion, including funding for local councils and the state and territory governments to maintain and deliver social infrastructure, improve road safety and bolster the resilience of our local road network.
Details of the proposed expenditure are set out in the Schedules to the Bill and the 2020-21 Portfolio Budget Statements.
APPROPRIATION (PARLIAMENTARY DEPARTMENTS) BILL (NO. 1) 2020‑2021
Appropriation (Parliamentary Departments) Bill (No. 1) 2020 ‑2021 provides appropriations for 2020-21 for the operations of:
Together with Supply (Parliamentary Departments) Act (No. 1) 2020 ‑2021 , this Bill provides appropriations for the expenditure of the Parliamentary Departments for the full year of 2020‑21.
The most significant item in this Bill is for the Department of Parliamentary Services, which will receive $83.4 million for the maintenance of the Australian Parliament House, and to support the functions of Parliament and parliamentarians through the provision of professional services, advice and facilities.
Details of the proposed expenditure are set out in the Schedule to the Bill and the 2020-21 Portfolio Budget Statements.
I commend this Bill to the chamber.
That the Senate—
(a) notes that the Reserve Bank of Australia's quarterly Statement on monetary policy highlighted:
(i) 'growth in employment is expected to be subdued over the next few months, as policy support measures, such as JobKeeper, are tapered',
(ii) 'the pace of improvement [in employment] has slowed since August',
(iii) 'employment remains well below its pre-pandemic level', and
(iv) 'there is a risk that business insolvencies will rise by more than expected as government support programs are tapered, slowing the recovery in activity, reducing investment and placing upward pressure on the unemployment rate';
(b) further notes the latest Australian Bureau of Statistics figures show a fall in jobs and wages in every state and territory in the first full fortnight after the Morrison Government cut JobKeeper prematurely;
(c) expresses disappointment in the Government's decisions to cut JobKeeper and the JobSeeker Coronavirus Supplement, and exclude 928,000 Australians from the new hiring credit;
(d) acknowledges these decisions will mean the recession will be deeper than necessary and the unemployment queues longer than they need to be; and
(e) calls on the Morrison Government to deliver a comprehensive economic plan for the recovery to prevent 1 trillion dollars of debt and higher unemployment for longer being the only lasting legacies of this recession.
Growth in employment is expected to be subdued over the next few months, as policy support measures, such as JobKeeper, are tapered.
There is a risk that business insolvencies will rise by more than expected as government support programs are tapered, slowing the recovery in activity, reducing investment …
… the government's strategy is the right one, through the combination of income transfers, incentives to the private sector and direct job creation—that together is going to get people into jobs …
… the government is on the right track …
Growth in employment is expected to be subdued over the next few months …
… as policy support measures, such as JobKeeper, are tapered.
Employment remains well below its pre-pandemic level …There is a risk that business insolvencies will rise by more than expected as government support programs are tapered, slowing the recovery in activity, reducing investment and placing upward pressure on the unemployment rate.
They were in grave danger all the time.
The Germans knew I was there somewhere.
They kept searching for me.
Cases against HDP—
politicians provide the starkest evidence that authorities bring criminal prosecution and use detention in bad faith and for poltical purposes.