
<hansard noNamespaceSchemaLocation="../../hansard.xsd" version="2.2">
  <session.header>
    <date>2021-08-09</date>
    <parliament.no>46</parliament.no>
    <session.no>1</session.no>
    <period.no>7</period.no>
    <chamber>Senate</chamber>
    <page.no>0</page.no>
    <proof>1</proof>
  </session.header>
  <chamber.xscript>
    <business.start>
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        <p class="HPS-SODJobDate" style="direction:ltr;unicode-bidi:normal;">
          <span class="HPS-SODJobDate">
            <span style="font-weight:bold;" />
            <a href="Chamber" type="">Monday, 9 August 2021</a>
          </span>
        </p>
        <p class="HPS-Normal" style="direction:ltr;unicode-bidi:normal;">
          <span class="HPS-Normal">
            <span style="font-weight:bold;">The PRESIDENT (Senator the Hon. </span>
            <span style="font-weight:bold;">Scott Ryan)</span> took the chair at 10:00, read prayers and made an acknowledgement of country.</span>
        </p>
      </body>
    </business.start>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>1</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Tabling</title>
          <page.no>1</page.no>
        </subdebateinfo></subdebate.1></debate>
    <debate><debateinfo>
        <title>COMMITTEES</title>
        <page.no>1</page.no>
        <type>COMMITTEES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Meeting</title>
          <page.no>1</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>10:01</time.stamp>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
    <electorate></electorate>
  </talker>
  <para>I remind senators that the question may be put on any proposal at the request of any senator.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>QUESTIONS WITHOUT NOTICE: ADDITIONAL ANSWERS</title>
        <page.no>1</page.no>
        <type>QUESTIONS WITHOUT NOTICE: ADDITIONAL ANSWERS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Closing the Gap</title>
          <page.no>1</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>10:01</time.stamp>
    <name role="metadata">Senator McKENZIE</name>
    <name.id>207825</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>by leave—In question time last week I inadvertently said in my response that $280 million was being provided to the city-to-country partnerships. The correct figure is $26 million.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>BUSINESS</title>
        <page.no>1</page.no>
        <type>BUSINESS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Consideration of Legislation</title>
          <page.no>1</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>10:01</time.stamp>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the following general business orders of the day be considered today at the time for private senators' bills:</para></quote>
<quote><para class="block">No. 42—Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019 and</para></quote>
<quote><para class="block">No. 65—Migration Amendment (New Maritime Crew Visas) Bill 2020.</para></quote>
<para>Question agreed to.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>BILLS</title>
        <page.no>1</page.no>
        <type>BILLS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019</title>
          <page.no>1</page.no>
        </subdebateinfo><subdebate.text>
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            <a href="s1242" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>Second Reading</title>
            <page.no>1</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>10:02</time.stamp>
    <name role="metadata">Senator KENEALLY</name>
    <name.id>LNW</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I rise to speak on the Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019. This bill, introduced by my colleague Senator Gallagher, forms another part of Labor's campaign to ensure that the actions of this government are subjected to the scrutiny that Australians expect and deserve but which this government tries so hard to shirk. This bill would improve accountability and transparency in government operations, specifically with regard to the granting of debt waivers and act of grace payments by the federal government.</para>
<para>Under the Public Governance, Performance and Accountability Act 2013—the PGPA Act—the government can provide discretionary financial assistance. This includes the finance minister waiving a debt owed to the Commonwealth, such as debts owed to the Australian Taxation Office or Centrelink. Debt waivers are granted where recovery of the debt would be inequitable or cause ongoing financial hardship, and where other debt treatment options, such as deferral of payment, are not appropriate. The act also provides the finance minister with the power to provide an act of grace payment to a person if they consider it appropriate to do so because of special circumstances. Like waivers of debt, the provision of an act of grace payment is discretionary. Each request is treated individually at the full discretion of the relevant decision-maker and does not create a precedent for future requests.</para>
<para>There is currently no mechanism for reporting to the public how many waivers of debt or act of grace payments have been made, what amount of debt has been waived, or what amount has been paid out in act of grace payments. This bill seeks to address this opacity and shine a light on an otherwise unscrutinised area of government discretion by requiring the Department of Finance to state in its annual report the number of waivers of debt granted and act of grace payments made, and the total dollar amount of debt waived and act of grace payments made. It would do so without infringing on the privacy of individuals and organisations. No names would be released. This is a simple and straightforward proposition to increase transparency and, through that, accountability.</para>
<para>The government knows this is good policy. Since Senator Gallagher began her call for reporting on these discretionary payments, the department suddenly started to release details on its website of the number of debt waivers and act of grace payments approved over five years. Labor will absolutely take credit for this increase in transparency. It has been our mission to hold this government to account. If this government needs to copy Labor policy, we will see that imitation as the sincerest form of flattery. But Labor wants the government to go further. A one-off drop of information is not enough. It is vitally important that mandatory reporting is enshrined in law, because transparency and accountability around the spending of taxpayers' money is always important, but even more so when decisions around granting payments or waiving debt are made in a totally discretionary fashion.</para>
<para>Of course, this isn't the only bill we have before this chamber that will improve accountability and transparency. Senator Gallagher also has an antirorting bill that's designed to increase the transparency around the awarding of funding from grants programs. We simply can't trust this government to award grants to those who are most deserving. Instead, this Liberal government is blatant in its rorting and pork-barrelling. It's quite simple really. Mr Morrison spends taxpayer money like it is Liberal Party money. How does the Prime Minister rort thee? Let me count the ways. First there were the sports rorts with the colour-coded spreadsheets, then the Safer Communities Fund rorts where political expediency outweighed community safety and then the Building Better Regions Fund rorts where once again the departmental recommendations were overruled. The most egregious of all—well, so far at least—has been the Commuter Car Park Fund rorts where $600 million of taxpayer money was handed out using a list by the Prime Minister entitled 'The top 20 marginal seats'.</para>
<para>Time and time again the Prime Minister has spent taxpayer money like it is Liberal Party money. At every stage the Prime Minister and his ministers have ducked, weaved and smugly avoided questions Australians deserve to have answered. That's why this bill calls for compulsory reporting. The Morrison government will not be honest and accountable unless we make them.</para>
<para>Another area the Prime Minister has tried to hide from the Australian people is the work of the national cabinet. We saw last week a decision from the Administrative Appeals Tribunal that finally acknowledged what we have all known for some time—that national cabinet is not a cabinet. Justice Richard White blew up Mr Morrison's fig leaf of an excuse to hide information from the Australian people. He found national cabinet documents were not eligible for a blanket exemption from freedom of information requests, because 'none of the subject documents are an official record of a committee of the cabinet'. This is very important in the context of the work of parliament and the work of the Senate in particular. The Morrison government has regularly failed to provide the Senate Select Committee on COVID-19 information that is vital to understanding how it has responded to the COVID-19 pandemic. The Senate is the house of review—it is our duty to the Australian people who elected us and it is what they expect—yet the Prime Minister, possibly knowing he would be found wanting, seems determined to hide. Even when ordered by the Senate to produce documents in the public interest the Morrison government has been flagrant in its disregard for the powers and responsibilities of the Senate and continues to avoid legitimate scrutiny.</para>
<para>The lack of transparency, accountability and, quite frankly, integrity has been breathtaking. In fact, the ever-growing list of scandals surrounding the Morrison government shows why Australia needs a powerful and independent anticorruption commission and why the Prime Minister and his colleagues will do everything they can to stop one from being established. The Liberals in particular deny that there is a problem, they make and list excuses and they have put forward a draft bill for a national integrity commission that's designed to be so weak, so secretive and so lacking in independence that, instead of exposing corruption, it would cover it up. Every state and territory in Australia has its own anticorruption commission, and Labor believes it is now long past time for a Commonwealth body to be established to tackle corruption in the federal Morrison government.</para>
<para>While we cannot yet make a national anticorruption commission a reality, what we can do is continue to argue for transparency and accountability measures, such as the one that Labor is proposing through this bill. Labor won't stop advocating for more transparency and for greater accountability, because we know the Prime Minister treats taxpayer money like it is Liberal Party money and because we know that the Prime Minister is not on your side.</para>
</speech>
<speech>
  <talker>
    <time.stamp>10:10</time.stamp>
    <name role="metadata">Senator CHANDLER</name>
    <name.id>264449</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I rise today to speak on the Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019. I will limit my comments today to actually referring to the content of the bill at hand. I must admit, I'm not entirely sure Senator Keneally did so in her contribution. There was certainly a lot of hyperbole about a few different things in that contribution that I don't think were necessarily factually accurate or relevant to the bill that we have in front of us today.</para>
<para>The act of grace and debt waiver powers exist under the Public Governance, Performance and Accountability Act 2013 to enable the resolution of matters that fall outside usual legislative frameworks, based on consideration of individual circumstances. These measures are intended to be exercised as a last resort, but they are incredibly important powers because they provide the flexibility for the Commonwealth to deal quickly and effectively with issues where special circumstances arise and where there is a moral but not necessarily a legal obligation to provide financial relief to an individual or to an entity. These powers are a necessary capability to respond to fast-moving events or unique individual circumstances where existing legislation may not be able to be used.</para>
<para>Over the last 18 months, almost two years, we've had many debates in this place about the unprecedented nature of everything that our country is experiencing at the moment: the COVID-19 health pandemic and the economic situation that followed from that. So, affording the government flexibility to be able to respond to these fast-changing events is incredibly important. Indeed, these powers were an important part of the government's response to COVID-19, enabling the waiver of certain levies in the fishing industry and the education sector at a time of economic strain. This type of assistance, which needs to be provided quickly, simply and efficiently, is a good example of why this framework is needed and is incorporated into the Public Governance, Performance and Accountability Act. Also, these powers were used by the coalition government to administer the waiving of Tasmania's historic housing debt in 2019, a policy decision which has provided the Tasmanian government with millions of extra dollars each year to spend on social and public housing. This is something that a number of my Tasmanian colleagues felt very strongly about, and we are certainly watching very closely what the state government is doing in this regard to ensure that Tasmania does have the social housing requirements that it needs.</para>
<para>In considering Senator Gallagher's private senators' bill today, it's important to note that there is already a robust system in place for the exercise of these powers. I note that Senator Keneally referenced in her contribution, in the part of it that was relevant to the bill, that the Department of Finance is providing this information. The department is consulting with applicants and impacted Commonwealth agencies to ensure that decision-makers have all the relevant information in considering each claim. Further, Public Governance, Performance and Accountability Rule 2014 stipulates that, before making an authorisation for waivers, set-offs or act of grace payments under the act for any amount over half a million dollars, the finance minister must establish an advisory committee consisting of the secretary of the infrastructure department, the finance secretary and the accountable authority of the Commonwealth entity to which the authorisation relates. That's an appropriate measure to ensure that those authorisations are being considered by senior public servants, to ensure that they are for an appropriate purpose, before any such payment is authorised.</para>
<para>The government agrees that there is merit in the public disclosure of some data where individual payments will not be identifiable and has taken steps to ensure that there is transparency around these payments. The drafting of this private senator's bill acknowledges that it would not necessarily be appropriate for full individualised details of recipients to be released. I will quote from the explanatory memorandum to the bill:</para>
<quote><para class="block">The bill would require the Department of Finance to state in its annual report the number of waivers of debt granted and act of grace payments made, and the total dollar amount of debt waived and act of grace payments made. There would be no personal information reported, given all that is sought is the publication of global figures.</para></quote>
<para>That understanding of the need for confidentiality and protection of privacy is reflected in the approach which the government is already taking to facilitate transparency in relation to these payments.</para>
<para>Last year, the government commenced disclosure of annual and five-year aggregate data in relation to act of grace payments and debt waivers under the Public Governance, Performance and Accountability Act, covering the 2019-20 financial year and the four years preceding that. There was a sufficient number of payments in all of those five years to avoid any concern about privacy. Obviously there was a sufficient amount of data such that it could be published without being necessarily identifiable. Therefore, that data was published in the second half of last year on the Department of Finance's website.</para>
<para>The government's approach allows flexibility, when the total in a given year is elevated, to add notes about significant one-off decisions that are already public knowledge. In regard to the 2019-20 data, the Finance report explains that the annual total was historically high, due to the waiver of GST debts relating to school funding; the reimbursement of certain education and training fees and charges; the waiver of the Tasmanian government's housing-related loans, which I referenced earlier in my contribution here; and the reimbursement of commercial fishing levies.</para>
<para>A large proportion of these discretionary payments are to individuals, small businesses or small organisations. Sometimes the value of a payment can pertain to sensitive information, such as the value of lost income. In some years there can be very few discretionary payments, and a risk can, therefore, arise if the value of an individual payment could be deduced.</para>
<para>This bill creates some risk in some years, where there are a small number of matters authorised, that the reporting mechanisms, as proposed by this bill, could identify the amount payable to a particular claimant. There are no safeguards in the proposed bill to protect against this possibility. Of course, the framework that exists around the waiver of debt and act of grace payments needs to have an element of transparency around it, but that transparency shouldn't come at the cost of easily identifiable personal information being made public in circumstances where that wouldn't be appropriate.</para>
<para>In addition to the reporting which is already taking place, the Department of Finance is in the process of revising the resource management guide. I'm advised that it provides direction to the Public Service about the annual reporting of aggregate data on discretionary payments. The government has also directed the Department of Finance to consult other agencies about the data they collect on a third category of discretionary decisions related to set-offs. The set-off decisions involve offsets between debts and amounts payable to persons seeking waivers, essentially garnishing payments to reduce debts.</para>
<para>Although set-off decisions are made very regularly by delegates in government departments, this private senator's bill from Senator Gallagher doesn't establish a mechanism for reporting those payments, as it does for debt waivers and act of grace payments. It would seem to be an oversight to establish a scheme mandating a particular format of reporting around two categories of payment while not requiring the reporting of offset payments as well. So that is another gap within the proposed bill that Senator Gallagher has in the chamber today.</para>
<para>The government strongly believes in transparency in government operations, and, as I've outlined here today, there are already a number of mechanisms in place to ensure that there is transparency around the government's waiver of debt and act of grace payments. That's why the government has already commenced regular annual publishing of data on act of grace payments and debt waivers on the website of the Department of Finance, as I have outlined here today. This is now being reported on an ongoing basis, and these reports include more information than Senator Gallagher proposes in her bill and highlight some significant decisions that, where it would not infringe on privacy considerations, are already in the public domain. I think that that is the important point we have to take note of here: of course we want government decision-making to be transparent, but that cannot come at the expense of the privacy of individuals, or indeed entities, where it may not necessarily be appropriate for that information to be made public.</para>
<para>While I appreciate the intent of the bill that we are debating here today, as brought to the Senate by Senator Gallagher, the government, as I've said, already has processes in place to ensure transparency around waiver of debt and act of grace payments where it is deemed appropriate.</para>
</speech>
<speech>
  <talker>
    <time.stamp>10:21</time.stamp>
    <name role="metadata">Senator CHISHOLM</name>
    <name.id>39801</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>It's such an opportune time to be discussing this private senator's bill, the Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019, because so much of what we see going on within this government is, to borrow a phrase coined by one of the old rugby league commentators, 'deja vu all over again'. We see it with the car park rorts that have been exposed over the last couple of months, again by an Australian National Audit Office review, which are similar to what we went through with sports rorts. All these memories are coming back to me—about targeting of marginal seats, about spreadsheets that identified which electorates these projects were to go in. It shows how the government were prepared to use the money of taxpayers—mums and dads who pay their taxes, and families who do the right thing—for their own political gain.</para>
<para>The government talk about integrity and accountability, but all they do is talk. They talk about how they support an integrity commission. They've now been in government for almost eight years. They still haven't done anything about actually bringing one in. When Labor puts forward a sensible idea like this, they again can't bring themselves to support it. We see it time and time again. You have to ask yourself why. The answer is that they actually don't want to be held accountable for their actions. They don't want to admit responsibility when they do the wrong thing.</para>
<para>The performances last week from the minister responsible for the car park rorts and from the Prime Minister were nothing short of disgusting. The minister scurried away from the media as quickly as that marathon runner in Japan yesterday. The performance from the Prime Minister on Friday evening, when he tried to say that this was a great outcome for Australians, was nothing short of a disgrace. How he could stand there with a straight face and say that is completely remarkable to me. It is so disappointing that, at a time when Australians are losing faith in politics and in politicians doing the right thing, this government sets such a bad example. They won't admit to their political decision, to help them get through an election, to spend taxpayers' money in marginal seats, which is exactly what they did in sports rorts and exactly what they have done in car park rorts, and then they come into this chamber and do everything they can to oppose more accountability and the opportunity to show integrity in government.</para>
<para>The Public Governance, Performance and Accountability Act was introduced by Labor in 2013, when Labor was last in government. It was a measure to replace the previous framework of legislation, some of which had been in place since the late 1990s. This legislation was designed to establish the processes and frameworks necessary for a modern public service. It is a key piece of legislation that underpins the financial framework and governance architecture of the Commonwealth. It is a strong Labor achievement, ensuring effective governance and Public Service accountability, from when we were last in government. All we are doing today is debating Labor's simple but important amendment bill, which would allow for improvements in accountability and transparency around the granting of debt waivers and act of grace payments by the federal government. The ability of the federal government to provide these forms of discretionary financial assistance arises from the Public Governance, Performance and Accountability Act 2013. However, currently there is no mechanism for reporting to the public how many waivers of debt and/or act of grace payments have been made, what amount of debt has been waived or what amount has been paid in act of grace payments.</para>
<para>This bill that Labor has put forward would require the Department of Finance to state in its annual report the number of waivers of debt granted and act of grace payments made, and the total dollar amount of debt waived and act of grace payments made. There would be no personal information reported, given that all that is sought is the publication of the global figures across the country. These debts that can be waived under section 63 of the PGPA Act are debts from non-corporate Commonwealth entities—so this would mean debts owed to the ATO or Centrelink. The amount would also look at the act of grace payments allowed under section 65 of the PGPA Act. Ministers can make these payments to people under special circumstances. The issue, however, is that many of these decisions are not clearly defined in the act. There are a number of examples that the Department of Finance uses, but these are all discretionary and each request is treated individually.</para>
<para>Labor's proposal is very simple and a step to making sure that there is increased transparency and accountability of government decision-making. Labor's bill would require the Department of Finance to publish in its annual report the number of debt waivers made during the period that the annual report covers, the total dollar amount that was waived as a result of those debt waivers, the number of act of grace payments made during the period the annual report covers and the total dollar amount that was paid as a result of those act of grace payments. It is important to note that the Labor bill would ensure that, in doing this, they would respect the privacy of individuals and organisations that these payments were made to.</para>
<para>While this data exists, it has fallen to senators to ask for this information previously, through measures like Senate estimates, but there was never an automatic mechanism for this information to be published publicly. In fact, the government thinks that publishing this data can be a good idea and has taken up Labor's suggestion and has now published data on the Department of Finance website, including the last five years of figures. This information includes the number of debt waivers and act of grace payments approved and the total dollar value of those waivers and payments.</para>
<para>So, whilst it is positive that the government has taken Labor's suggestion about publishing this information, what Labor is proposing today is not unreasonable. It's simple and, with this government, it's critical to ensure transparency is always enshrined in legislation. It is a fundamental principle of government that all spending of scant taxpayer dollars is accountable and transparent both to the parliament and to the general public, who, indeed, pay these taxes. This is particularly the case given the government's record when we look at those examples of car park rorts and sports rorts when it comes to discretionary spending.</para>
<para>It is proposed that these payment details continue to be published, particularly as, since 2017, there has been a large increase in waivers of Commonwealth debts and in act of grace payments. In 2019-20, there were 4,130 waivers approved, up from 1,475 in 2018-19, totalling $14.682 billion in 2019-20. There were some historical changes, which was why the figures were higher. In 2019-20, there were 1,860 act of grace payments, totalling $45 million, up from $11 million the previous year. Again, this was higher from COVID. And—while we are not talking about the outright rorting of taxpayers' money when it comes to act of grace payments or debt waivers—when ministers are able to provide the level of discretionary financial assistance they can through these mechanisms, it is only right and fair that we increase transparency as a result.</para>
<para>These figures highlight the need for these amounts to be published annually, to be able to compare what has happened previously and what decisions are being made by government. At the end of the day, we've seen numerous examples of this government being opposed to scrutiny, and there has been an increasing pattern of rorting by this government. Without transparency, we may never know what this government is up to. We've seen it, as I've said, with sports rorts; we've seen it with car park rorts. This is something that is a modest measure but is looking to ensure that the government is held accountable for its track record. It's why Labor has been calling for a national integrity commission, and we'll legislate one that is retrospective. It is why Labor has also introduced an antirorting bill—a bill designed to increase transparency around the award of funding from grants programs. And this bill today is important because we need more transparency and more accountability, and we need to ensure that it is enshrined in law to make sure that this government is held accountable for it.</para>
</speech>
<speech>
  <talker>
    <time.stamp>10:30</time.stamp>
    <name role="metadata">Senator SMALL</name>
    <name.id>291406</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Here we are: another day and another Labor stunt in the Senate. I note that today Senator Keneally managed to devote some seven minutes and 30 seconds to talking about matters completely unrelated to the important issues that my Senate colleague Senator Chandler raised. At the end of the day, the opposition's bill, the Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019, would amend the Public Governance, Performance and Accountability Act 2013—which, as Senator Chisholm rightly pointed out, is in fact Labor legislation—to mandate the publication of certain information about act of grace payments and waivers of debt. Somehow that seems to have escaped those opposite, who would seek to see this enacted in legislation, given the amount of time they have devoted to extraneous other issues and political partisan hyperbole. Indeed, Senator Keneally, by my count, managed to devote some 24 seconds to wholesome reflection on the content of this bill rather than everything else.</para>
<para>Let's run through what we're actually talking about here, and that's requiring the Department of Finance to include, in its annual reports, details of decisions made under the PGPA Act that authorise act of grace payments and waive debts owed to the Commonwealth. I will grant, as Senator Chisholm rightly raised, that privacy and confidentiality concerns are significant, so the bill proposes that only the total number of matters authorised and the total value of those authorisations be disclosed.</para>
<para>The issue is twofold. First, you can turn to www.transparency.gov.au and find the most recently available details on both of these matters, and in certain years you will see a very large number of waivers, amounting to a considerable sum of money. As my colleague Senator Chandler rightly raised, in 2019-20 there were some 4,130 waivers of Commonwealth debts, amounting to a very considerable sum of money: $14.85 billion. Arguably, privacy and confidentiality can be protected in a significant sum and a significant number of applications like that. However, one only needs to turn back to 2015-16, when there were 63 applications and $1.9 million was waived, or 2016-17, when there were just 48 applications and $4.5 million was waived, to understand that the government's position here is in fact balanced and reasonable. We will protect the privacy and confidentiality of those Australians who, rightly, under the discretion afforded to the minister in this case, have a waiver of debt applied to their case.</para>
<para>Equally, where the government takes a very significant decision—such as the waiver of 2,726 historical GST debts related to schools funding, worth $14.682 billion, which was identified in the 2019-20 year and released in the 2019-20 annual report of the Department of Education, Skills and Employment—it reflects that this is a government that also upholds its responsibilities to the Australian people in terms of accountability and transparency. Indeed, also on www.transparency.gov.au, one can clearly see that the waiver of the Tasmanian government's housing related loans, worth $157.6 million, which was announced by the Minister for Housing and Assistant Treasurer, the Hon. Michael Sukkar MP, on 8 September, is included in the figures. The government also used that waiver power to provide COVID-19 assistance measures, including releasing 776 commercial fishers from paying their Commonwealth fishing levies for 2020, as my colleague Senator Chandler rightly pointed out and as Senator Duniam shepherded through this place. Immediately under that, though, the Department of Finance makes clear that:</para>
<quote><para class="block">In keeping with obligations under the Privacy Act 1988 and Finance's Privacy Policy—</para></quote>
<para>which it helpfully provides the link to—</para>
<quote><para class="block">Finance is unable to comment on specific waiver of debt applications to protect the personal information of applicants.</para></quote>
<para>When we turn to act of grace payments, under section 65(1) of the act the Minister for Finance may, on behalf of the Commonwealth, authorise such a payment where it is considered appropriate because of the special circumstances of the case.</para>
<para>Again, a very small number of applications and a small quantum of money does apply in some years, highlighting the risk of identifying information being placed onto the public record. For instance, in 2015-16, 59 waivers were approved; in 2016-17, 65; and in 2017-18, 57 applications, worth just $758,000, were approved. That is, I guess, not consistent with the case that we saw in 2019-20, where 1,860 applications, for the grand total of $45.3 million, were approved. That largely relates to the reimbursement of fees and charges paid by 1,259 education and training providers. What we see is that this is a matter sensibly managed by this government, upholding privacy and confidentiality concerns of Australians at the same time as being accountable and transparent.</para>
<para>The act of grace and debt waiver provisions under Labor's PGPA Act exist for a very important reason, and that's that the resolution of matters that fall outside the usual legislative frameworks must be based on a consideration of individual circumstances. So, whilst they are intended to be exercised as a last resort, they are important powers that enable the Commonwealth to be flexible, to be agile and to do the right thing where special circumstances arise and there is a moral but not necessarily a legal obligation to provide financial relief to a particular Australian. That is in keeping, I would contend, with the expectations of all Australians out there.</para>
<para>So, whilst these powers were an important part of the government's response to COVID-19, equally at times they are an important part of ensuring that unintended consequences of legislation do not adversely impact an individual Australian who finds themselves in a sticky situation. The Department of Finance consults broadly an confidentially with any such applicant as well as the impacted Commonwealth agencies to ensure that the decision-maker has all relevant information relating to such a claim. So, where these powers are exercised or intended to be exercised for an amount of more than $500,000, an advisory committee comprising public servants with the relevant expertise must provide independent advice to the Minister for Finance.</para>
<para>So the contention from those opposite that somehow this is a piece of legislation of their own making that doesn't adequately include safeguards to protect value for money for the taxpayer at the same time as upholding the privacy and confidentiality concerns of Australians is frankly baseless. I think that's why those opposite have spent so much time today talking about unrelated matters, where all that Senator Keneally could muster was 24 seconds of consideration on a half-baked bill.</para>
</speech>
<speech>
  <talker>
    <time.stamp>10:39</time.stamp>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I rise today to speak on the Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019. This bill seeks to improve transparency and accountability in relation to the granting of debt waivers and act of grace payments of and by the federal government. The government's power to provide these forms of discretionary financial assistance arises from the Public Governance, Performance and Accountability Act 2013, otherwise known as the PGPA Act. The PGPA Act was introduced by Labor—by Senator Wong as finance minister—when we were last in government. It replaced legislation that had been in place since the 1990s, and it was designed to establish the framework necessary for a modern Public Service.</para>
<para>I would first like to go to the issue of debt waivers. Section 63 of the PGPA Act authorises the finance minister to waive a debt owing to the Commonwealth. A waiver extinguishes that debt, meaning that the Commonwealth cannot pursue it at a later date. These debts relate to non-corporate Commonwealth entities like the Australian Taxation Office and Centrelink. Waivers are granted where the decision-maker thinks that recovering the debt would be inequitable or cause ongoing financial hardship and that other debt treatment options are not appropriate. Finance officials can make decisions on debts below $100,000, while the minister decides on debts above $100,000. The finance department says financial hardship would exist where payment of the debt would leave someone unable to provide food, accommodation, clothing, medical treatment, education or other necessities for themselves, their families or other people for whom they are responsible.</para>
<para>In respect of the act of grace payments, the PGPA Act also provides the finance minister with the power to provide an act of grace payment. Section 65 of the act authorises the minister to make payments to a person if they consider it to be appropriate in special circumstances. These circumstances are not defined in the act, but the finance department cites examples such as where a non-corporate Commonwealth entity has taken action or failed to take action which has caused an unintended and inequitable result for someone or where the Commonwealth legislation or policy has an unintended anomalous, inequitable or otherwise unacceptable impact on someone. The provision of an act of grace payment is discretionary, as are waivers of debt.</para>
<para>So what will this bill do? The bill would require the Department of Finance to report in its annual report on the number of debt waivers made during the period the annual report covers; the total dollar amount that was waived as a result of the debt waivers; the number of act of grace payments made during an annual report period; and the total dollar amount that was paid as a result of those act of grace payments. Reporting would not include the names, so individuals' and organisations' privacies would continue to be protected.</para>
<para>There is currently no automatic mechanism for the reporting of this information. Last year, the government released a document, which is now available on the finance department website, showing, firstly, the number of debt waivers and act of grace payments approved and, secondly, the total dollar value of those waivers and payments for five financial years. The opposition would like to think that our constant and ongoing push for increased transparency and accountability might have helped push the government into releasing this information. We believe it's crucial to make this level of transparency a requirement that is set down in law. Why is it so important? Transparency and accountability around the spending of taxpayers' money is always important—of course, you wouldn't know it under this Morrison government—and it's particularly the case when decisions around granting act of grace payments or waiving debts are made in a totally discretionary fashion by a minister or their Public Service delegate. Now, more than ever before, these steps are crucial, given the Morrison government's appalling track record in accountability.</para>
<para>Senator Gallagher, who has introduced this bill, has also introduced an antirorting bill, which is designed to increase the transparency around grants programs. The Morrison government is addicted to rorting grants programs, Madam Acting Deputy President Brown, as I'm sure you know. You've seen it firsthand. There are so many examples that I don't have time to go through all of them, but there is an ever-growing lowlights list. I'd like to draw your attention to some of them. Sports rorts is one I am quite familiar with, of course—the colour-coded documents that flicked between the minister and the Prime Minister's office in the dying days of the last parliament. On that occasion, we saw industrial-scale rorting of public money, taxpayers' money.</para>
<para>An opposition senator interjecting—</para>
<continue>
  <talker>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
  </talker>
  <para>I'll take that intervention. Yes, it was shocking. It was a shocking use of public money, which was simply designed to re-elect a failing government. But that was not the end of it. We've seen the safer communities rorts, where something as important as community safety was seen to be secondary to the political needs of the government of the day. Then, of course, we've got the building better regions rorts, where a handpicked ministerial panel decided to award funding to hundreds of projects, overriding the recommendations of the relevant department. Of course that was very much a feature of the sports rorts program—well-established, well-thought-out proposals by the sports department that were overridden by the minister, and, I think, for certain the Prime Minister, overridden by the Prime Minister's office, and we've seen that with building better regions. But of course the pick of the crop is the Commuter Car Park Fund. Some $660 million was decided on the basis of projects being in the top 20 marginal seats list. That's how they decided to spend the $660 million. I don't think we have seen all of the spreadsheets from that particular round of rorts, but we do know that they were going in and out of the Prime Minister's office.</para>
<para>The ANAO is a terrific organisation. We've been talking about gold medals over the past few weeks. They should be given a gold medal for the work that they have done, particularly Mr Brian Boyd. He's done a terrific job in exposing all of these rorts. It's a gold medal performance, I would say. We've discovered all of these things because of the work that they have done. We don't have an ICAC in this country, but we do have an ANAO, and, for the moment, they are doing a wonderful job. I look forward to speaking on the antirorting bill at another time, but I mention it because this bill seeks to redress some of the same issues.</para>
<para>We need stronger transparency and accountability measures, because under this government rorts are through the roof and commonplace. You might say to yourself, 'How did the government get itself in this situation?' There is a simple explanation for that: it was because they didn't expect to win the last election. They didn't expect to win it, so they never thought they were going to be held accountable for the way in which they spent this money. Of course, they have been caught out, but things haven't gone far enough. This bill will push things further, increase transparency, increase accountability and make sure Australians know exactly what this government is up to. The Prime Minister thinks he can get away with this. He's got the cover of COVID, so there's no responsibility.</para>
<para>I'd like to flesh out some of these rorts and why we need this transparency and accountability. Let's go back to sports rorts. In relation to the sports rorts scandal we saw the spin, the denial and the blame-shifting. The Australian National Audit Office reported on the Community Sport Infrastructure Program, and I'll quote from their report:</para>
<quote><para class="block">The award of funding reflected the approach documented by the Minister's Office of focusing on 'marginal' electorates held by the Coalition as well as those electorates held by other parties or independent members that were to be 'targeted' by the Coalition at the 2019 Election.</para></quote>
<para>What does this mean? In simple terms, it means that the former minister, Minister McKenzie, rejected applications to the program that scored as high as 98 out of 100 in Sport Australia's independent merit assessments. Many of those very worthy applications came from regional communities where sporting clubs are often the hub of the town. You'd be familiar with them down in Tasmania, where you come from, Madam Acting Deputy President Brown. Many were for modest amounts needed just to provide safe and usable facilities. But, instead of awarding grants to those clubs, the minister outright rejected them. The ANAO told the Senate inquiry into sports rorts that there was, broadly, a shift from applications located in safe and fairly safe coalition electorates to applications located in marginal coalition electorates and targeted electorates held by the ALP and the Independents. This is the very definition of industrial-scale pork-barrelling. Even to this point in time—Madam Acting Deputy President, I know you'll find this amazing—the government has still failed to apologise to and compensate the communities that lost out on these sports grants. It's two years into this scandal, and the government continues to refuse to knowledge the damage it did and compensate those communities. <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>10:54</time.stamp>
    <name role="metadata">Senator SHELDON</name>
    <name.id>168275</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I rise to speak on the Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019. This bill is put forward by Labor to bring some sorely needed transparency to this government. It seeks to improve the accountability and transparency of two types of discretionary government payments: debt waivers and act of grace payments, both of which are permitted under the Public Governance, Performance and Accountability Act, or the PGPA Act. Section 63 of the PGPA Act enables a finance minister to waive debts to non-corporate Commonwealth entities—debts to agencies such as Centrelink and the ATO. Debts may be waived in circumstances where recovering the debt would cause ongoing financial hardship and other debt treatment options are not deemed appropriate. When the debt is waived, it is extinguished so that the Commonwealth cannot pursue repayment of the debt at a later date. That provision protects people from a robodebt situation down the track, one of many shameful stains on this government's record.</para>
<para>The other payment within the scope of the act is an act of grace payment. Section 65 of the PGPA Act enables the finance minister to make a payment to a person if they consider it appropriate to do so because of special circumstances. Those circumstances are not defined within the act. The Department of Finance cites the following examples: where a non-corporate Commonwealth entity has taken action which has caused an unintended result for someone or where Commonwealth legislation or policy has had an 'unintended, anomalous, inequitable or otherwise unacceptable impact' on someone. There must be some limitations on that provision. Both debt waivers and act of grace payments are entirely discretionary and not required to be publicly reported. This is not necessarily cause for alarm, but these payments are intended to be used to support people who are in need or who have been wronged.</para>
<para>The track record of the Morrison government when it comes to rorting public money means that there must be more transparency over discretionary spending. We don't have a gold standard in this government when it comes to vaccine rollouts. We don't have a gold standard when it comes to quarantine. But when it comes to rorting—when it comes to pork-barrelling money into marginal seats and forking out public money to their mates—this government could take gold, silver and bronze. It's only Monday morning, but there's not enough time left in the sitting week for me to list all the government's disgusting abuses of public money. There was the $102 million sports rorts scandal. We had unelected Liberal candidates, nonmembers of parliament, handing out cheques for sports grants. An investigation by the Prime Minister's own department found the sports minister, Senator McKenzie, had breached ministerial standards. Of course, Senator McKenzie is now back in the cabinet, which shows just how seriously they take any of these sorts of accusations and responsibilities when they are found guilty of wrongdoing.</para>
<para>Then we had the safer communities rorts, when the Morrison government overruled the home affairs department's advice and redirected community safety funding to marginal seats. Then we had the disgraceful rorting of JobKeeper. A system established to support Australians desperately in need of income support has ended up as the biggest corporate-welfare fund in Australian history, yet the Morrison government is still fighting tooth and nail to stop anyone from knowing just how much money was paid out to highly profitable big businesses like Harvey Norman. What we are aware of is that Harvey Norman received $22 million in JobKeeper. It then turned around and reported a net profit of $462 million and paid out $78 million in dividends. The next time you hear the Morrison government complaining about having to fund the NDIS or the aged-care system, remember that Mr Morrison was very happy to give Gerry Harvey a $22 million payday.</para>
<para>Just last week, the Senate passed an amendment by Senator Patrick, with the support of Labor and the crossbench, that would require the tax commissioner to reveal every company with revenue over $10 million that received JobKeeper and the amount they received. This was a fantastic opportunity to increase transparency and accountability, as is this bill we are debating this morning. Unfortunately the government has rejected this amendment in the House, which means the Australian people still don't know which highly profitable companies have rorted the system. This begs the question: what is the Prime Minister hiding?</para>
<para>The truth is that the Morrison government has done nothing but hide. If they have nothing to hide, they have nothing to fear, so what skeletons are being hidden in Mr Morrison's JobKeeper closet? How many other billionaires like Gerry Harvey have been secretly stuffing their pockets with public money? That is why measures such as this bill are so important. Speaking of billionaires and multimillionaires rorting the Australian taxpayer with the blessing of Mr Morrison, we have Alan Joyce. We saw Qantas receive $2 million in bail-out money from the Morrison government to keep their workers connected with the company, and Alan Joyce turned around and illegally outsourced 2½ thousand of those jobs as an act of union busting. Even after the Federal Court ruled this was illegal, there was not a peep from the Morrison government about this misuse of public funding.</para>
<para>Most recently, we've had the commuter car park rorts, where $660 million in public money was handed out using a list of the top 20 marginal seats. Brian Boyd from the Australian National Audit Office told a Senate inquiry that the process for this scheme was to touch base with the top 20 marginal representatives to ask them what projects in their electorates were worthy of being put through this program. So $660 million of public money was being managed by a process that started and ended with asking marginal MPs and candidates what to blow the money on. Mr Boyd even said: 'I think there was one electorate they canvassed that we don't think even had a railway station in it.' That's right: the Morrison government spent time and money investigating whether to build a commuter car park in an area that didn't even have a train station. At a press conference last week, the Prime Minister refused to even answer any questions about whether it had seen the marginal seats list used in the car park rorts scandal.</para>
<para>This is a cynical government with no vision for Australia beyond keeping themselves in power. Australians have suffered through eight years of record low wage growth, a global pandemic, a plague of neglect in aged care and disability care and a housing affordability crisis, and, rather than address these issues, the Prime Minister's office has been figuring out how to announce a commuter car park in a marginal seat that doesn't even have a train station. That's why measures such as this bill are so important. The truth is that we are only just scratching the surface when it comes to the Morrison government rorts. Whether it's sports rorts, Safer Community rorts, building better roads rorts, JobKeeper rorts, or commuter car park rorts, sunlight is the best disinfectant when it comes to government corruption. That is why, since 2014, I've been calling for a federal corruption commission, and that is why Labor has committed to establishing a National Integrity Commission, while the government continually sits on its hands on this issue. After nearly eight years, endless promises and a watered-down attempt to look like they're doing a National Integrity Commission, we've found this government wanting yet again—no legislation, no teeth and no accountability.</para>
<para>Would you be surprised, in light of all the rorts that go on, that they don't want transparency? They don't want to make sure that there's accountability because accountability and transparency mean that more of these rorts will be exposed—improper use of funds by the government in the circumstances where they've turned around and rorted it for their own interests. The National Integrity Commission would operate as an ongoing royal commission into serious and systematic corruption in the federal government. Hardworking Australians do the right thing: contribute to the Australian economy and pay their taxes. They reasonably expect that, when we come to Canberra, their collective contributions are spent to improve their standards of living. While Labor is in government, this is exactly the return on investment that Australians receive, whether it's Medicare, tertiary education or the NDIS. Under the Morrison government, the only returns that Australia has seen are a botched vaccine rollout, record low wage growth and a trillion dollars of debt. We need a National Integrity Commission, but Labor are the only ones who will deliver that. In the meantime, we will improve transparency around debt waivers and acts of grace payments. This bill would require the Department of Finance to report, in its annual report, on the number and total of those payments. It would do so without infringing on the privacy of individuals and organisations.</para>
<para>Of course, this isn't the only bill Labor has put forward to improve government accountability and transparency. When we look at Gerry Harvey, with Harvey Norman, he received $78 million in dividends as he owns 31.4 per cent of the company that paid out $249 million in dividends, yet Harvey Norman received $22 million in JobKeeper. It is offensive abuse and misuse of public monies. Senator Gallagher has also introduced an antirorting bill to increase the transparency around the award of funding from grants programs. That bill might stop another sports rort, another Safer Communities Fund rort, another Building Better Regions Fund rort or another commuter car park rort from occurring. Unsurprisingly, the government is also staunchly opposed to that as well.</para>
<para>It's clear that, in the circumstances, the government have failed to take the most fundamental steps. If you look across the ditch to New Zealand, you will see the government publishes the amount of wage subsidy that was given to any company throughout the pandemic. Five per cent of the payments have been returned just by having transparency. In Australia, there's no transparency. Only 0.25 per cent of JobKeeper funds have been returned to the government. We have a circumstance now where we clearly have a lack of appropriate steps and actions by the government and we have a failure by the government to put in appropriate transparency arrangements, yet we're seeing again today their opposition to having more transparency of their accounts. This is a pandemic of rorting. They're addicted to it. They can't help themselves but implement it, they can't help themselves but rort it, and they can't help themselves but abuse it. To see these sorts of payments not being transparent, both those within this bill but also the other payments that I've mentioned, is an indication of the failure by this government to have appropriate accountability for the systems within this parliament. We need to make sure that we have that transparency so that the Australian public can have confidence in what their parliamentarians are doing and make sure that people have confidence in democracy, and there's not just pork-barrelling. One thing we can be sure of is that, when it comes to pork-barrelling, these guys have it all over everybody. They are the world-beaters.</para>
<para>As I mentioned, we can look to New Zealand, which had particularly appropriate arrangements regarding JobKeeper. It was particularly important for New Zealand, and they were able to get five per cent of the payments back. You could well imagine that, in the circumstances in Australia, hundreds of millions of dollars could potentially be returned to the Australian public if we had the same accountability and transparency. I don't like the accountability and transparency of this lot. They certainly don't want accountability and transparency for themselves. This bill is just one small step towards airing out the rot that Mr Morrison has welcomed into this building. It improves transparency and it improves accountability—everything this government stand against and what the Labor Party stand for. Thank you.</para>
</speech>
<speech>
  <talker>
    <time.stamp>11:09</time.stamp>
    <name role="metadata">Senator McALLISTER</name>
    <name.id>121628</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>( [by video link] I pass my greetings on to the colleagues that I can see in the chamber but also on the screen, and I thank the President for his decision to allow me to join today from hotel quarantine, which is perhaps not going to be the most enjoyable thing that I've endured but is far less serious than the privations endured by many other people as a consequence of the failings of this government.</para>
<para>This bill, the Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019, makes a series of technical changes to the regime that governs the delivery of debt waivers and act of grace payments by the federal government. It sounds quite technical—I understand that—but it actually goes to very important principles. It embodies the principles of accountability and transparency. Unfortunately, as we know, both of these principles are routinely ignored by members of the Morrison government. It's telling, in fact, that the act we are amending with Senator Gallagher's bill is an act that was introduced by Labor when we were last in government. The PGPA Act is an immensely important piece of work. It rationalises and reconciles several pieces of legislation and it forms the framework for much of the activity that's undertaken by the Department of Finance and, indeed, the other departments around it. It was introduced by Senator Wong, as Minister for Finance and Deregulation in the last Labor government. It was designed to establish a framework that's necessary for a modern public service.</para>
<para>If you think about it, it's almost unimaginable that this crowd, the Morrison government, would introduce any piece of legislation of this kind, a piece of legislation aimed at improving public governance and accountability. The Morrison government's approach to the Public Service is hostile at best, and their attitude towards governance and accountability is essentially contempt. Labor, in government, put in place the important modernising piece of legislation aimed at supporting accountability and transparency in government. It's now Labor, from opposition, that is doing the work to ensure that that legislation remains effective and up to date.</para>
<para>So, what does the bill do? The bill we're debating today improves the level of accountability and transparency around the granting of debt waivers and act of grace payments by the federal government. Debt waivers are essentially a mechanism by which the Minister for Finance, on behalf of the Commonwealth, can waive a debt that's owing to the Commonwealth, including debts owed to entities like the ATO, the tax office or to Centrelink. The discretionary ability of the government to waive debts of this kind is fundamentally important. It is about fairness. Debt waivers can be made where recovering the debt would be inequitable or cause ongoing hardship. We don't want to see onerous debt leaving someone unable to provide food, accommodation, clothing, medical treatment, education or other necessities for themselves, their family or the other people for whom they're responsible. It's an essential part of how the act works.</para>
<para>Act of grace payments are similar. The PGPA Act authorises the finance minister to make payments for a person if they consider it appropriate to do so because of special circumstances. These special circumstances are not defined in the act. It's a discretionary power. It requires the finance minister to consider the individual circumstances of a particular person. And the decisions that are made under this power do not create a precedent for future requests.</para>
<para>Both of these capabilities, these powers, are important. They provide the flexibility that's needed to ensure that the system doesn't create injustice and inequity through inflexibility. But that same flexibility is the reason that transparency and accountability around the making of these decisions is so important. The public deserve to be able to have confidence that these powers are being exercised in a way that is consistent with their expectations and reflect the fair and impartial application of public power. That is why Labor has introduced this amendment bill. This bill would require the Department of Finance to report, in its annual report, on the number of debt waivers made during the period that the annual report covers, the total dollar amount that was waived as a result of those debt waivers, the number of act of grace payments made during the period the annual report covers and the total dollar amount that was paid as a result of those act of grace payments. This information would all be anonymous. It wouldn't infringe on the privacy of individuals and organisations. No names would be released. It is a simple, straightforward proposition to increase transparency and, through that, accountability.</para>
<para>So why has it fallen on the opposition to bring forward this proposal? Taking a guess, would it be because the government, to date, has shown very little interest in transparency or accountability? In fact, the government's track record on both of these things is far from great. Its first appointment for Public Service Commissioner resigned after an investigation was started into whether he had breached the Public Service Act, a document it was actually his job to enforce. But the true mettle of the Morrison government is found in the consistent drip of scandals about the treatment of public money by senior ministers. One of the pieces of advice that is given to fiction writers is that one should show, rather than tell. Don't use words; rely on actions. The Morrison government has shown through its actions, time and time again, what it thinks of public officers and public resources. It has treated important public jobs as gifts to be handed out to friends and allies. It has treated public money as a slush fund to be spent on its own re-election attempts.</para>
<para>It is worth having a look at just some of the scandals that have been running in the news over the last few weeks. It was reported last week that the Australian National Audit Office recently told a Senate estimates committee that the Morrison government awarded funding under the commuter car parks scheme by preparing a list of the top 20 marginal seats and inviting the sitting MPs to nominate projects for funding. In fact, the relevant ANAO auditor said:</para>
<quote><para class="block">In some cases, the evidence shows the local member or duty senator was actually engaging with the (Prime Minister's office), who would then pass it onto the Minister's office.</para></quote>
<para>The Prime Minister has refused to confirm if his office has ever seen such a list. But the sting in the tail is that the Morrison government has not even been able to deliver on these promises. Just two of the promised 47 car parks have been built. As my colleague Senator Sheldon indicated just now, there is something simultaneously offensive and ludicrous about a PM's office that has time to scrutinise car parks in this way, for their own electoral benefit, but insufficient time or inclination to properly manage the pandemic, insufficient time to negotiate vaccines and insufficient time to establish national quarantine arrangements. These are not the sorts of things that the PM's office presently think is important but, over time, they have found evidently immense amounts of time for pork barrelling. But I digress.</para>
<para>I'll come back to the questions of transparency and accountability. The government's attempt to keep important documents relating to the handling of the pandemic secret has again, in the last week, been repudiated by the Federal Court. I congratulate my colleague Senator Patrick on this victory for common sense and transparency. The court found what my colleague in the other place Mr Albanese has been saying for some time: national cabinet is not a real cabinet. Just saying it is doesn't make it so. The court found that the national cabinet documents were not eligible for a blanket exemption from freedom-of-information requests because 'none of the subject documents is an official record of a committee of the cabinet'. The Federal Court went on to say:</para>
<quote><para class="block">The mere use of the name 'national cabinet' does not, of itself, have the effect of making a group of persons using the name a 'committee of the cabinet'. Nor does the mere labelling of a committee as a 'cabinet committee' have that effect.</para></quote>
<para>Spin can only get you so far. This was yet another disgraceful attempt to conceal decision-making and to oppose transparency at a time when trust in government is more important, arguably, than it has ever been before.</para>
<para>What else has been in the news? There are the legal costs, the cost of Clive Palmer's border challenge. A year on, the government still hasn't revealed how much Mr Morrison's decision to back Clive Palmer's legal challenge to the WA border closures has cost the taxpayer. The Morrison government and the then Attorney-General, Mr Porter, funded a team of barristers to force WA's borders open in the middle of a pandemic, before eventually conceding to common sense, or at least to the wisdom of the crowds in Western Australia, by backing out of the challenge. We still don't know how much this endeavour has cost.</para>
<para>Any of these scandals alone would have been enough to embarrass a government capable of shame. Sometimes people talk about a post-truth world. We're moving to a period where facts don't matter. The more accurate thing you could say of this government is that it is living in a post-shame world. The Morrison government and the key people who lead it have become used to operating under a cloud of ignominy and shame.</para>
<para>That's why I'm proud that Labor has announced that an Albanese government would establish a powerful, transparent and independent national anticorruption commission. The commission would operate as a standing royal commission into serious and systemic corruption in the federal government. It would have broad jurisdiction to investigate and hold to account Commonwealth ministers, public servants, statutory office holders, government agencies, parliamentarians, personal staff of parliamentarians and other Commonwealth officials. It would be able to follow the money, meaning it would also be able to investigate private individuals and companies involved in systemic and serious corruption.</para>
<para>The government's proposal, by contrast, is weak and conflicted. It would be unable to instigate its own independent inquiries into government corruption. It would be unable to hold public hearings when it comes to politicians or public servants. Crucially, it would be unable to investigate any of the multiple past scandals of the Morrison government. Worst of all, it is hypocritical. This government has had to be dragged, kicking and screaming, into making a commitment to even establish such a commission. Now that those opposite have made the commitment, they're dragging their heels on actually doing it. It's little wonder. They have a track record of scandal that has enveloped minister after minister after minister, and during their eight years of office they have failed to take any action to tackle corruption. They've made next to no progress, leaving the Commonwealth as the only Australian government without a body dedicated to tackling corruption by public officials. Their refusal to honour their election promise is allowing corruption to go unchecked, enabling ministers to avoid being held to account for their actions and undermining public confidence in the Australian government. An Albanese Labor government would put an end to the Morrison government's shameful inaction. We will establish a powerful, transparent and independent national anticorruption commission.</para>
<para>I want to finish by reflecting on why it all matters. The last two years have shown us why it is so important for a government to behave with integrity and in a manner which is respectful of the trust that has been placed in it by the Australian public. It is obviously and plainly important for ministers to behave with integrity, but there's a broader principle at play too. Every scandal erodes the faith that the public in a democratic society has in our leaders. We rely collectively on that faith to address collective challenges, like the ones we are facing during this pandemic. We draw on that faith when the Australian people are asked collectively and individually to make sacrifices for the common good, to get us through difficult periods like the one we are facing at the moment. That is why Labor will continue fighting to improve the institutions and laws that support and protect that trust. We will do it in small ways, like this bill today, and we will do it through larger proposals, like our proposal for a national anticorruption commission. It is time for a government that respects public trust and that the public can trust. <inline font-style="italic">(Time expired)</inline></para>
</speech>
<speech>
  <talker>
    <time.stamp>11:24</time.stamp>
    <name role="metadata">Senator WALSH</name>
    <name.id>252157</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>[by video link] I'm very pleased to join the chamber today to speak on the Public Governance, Performance and Accountability Amendment (Waiver of Debt and Act of Grace Payments) Bill 2019. This amendment is necessary for no other reason than we cannot trust this government when it comes to using public money. The Public Governance, Performance and Accountability Act was introduced by Labor because we understand the trust and responsibility that comes with government. We understand the trust and responsibility that is expected of those in government when using precious public money, public money that is hard earned by the people of Australia; public money that should be used to benefit all Australians to make their lives easier, healthier and safer; public money that should not be used for winning marginal seats and that should not be used for giving mates cushy jobs; public money that should not be used for boosting the private profits of multinationals in dodgy tenders. This amendment will improve the level of transparency and accountability when it comes to discretionary decisions by the finance minister on the granting of debt waivers and act of grace payments. Discretionary decisions made by the minister include waivers to the tax office or Centrelink for debts of over $100,000. These discretionary decisions are made when the finance minister considers that recovering the debt would be inequitable or cause ongoing financial hardship and that other debt treatment options are inappropriate. This will require the finance department to disclose these decisions in its annual report. Currently there is no such requirement to disclose these decisions at all.</para>
<para>This greater transparency has been proven necessary due to the actions of the Morrison government. The last eight years of this government have shown that it is addicted to rorting public money for its own benefit: the car park rorts, the sports rorts, the jobs for mates. It seems clear at this point that at the 2019 election the government never wanted the job of serving the people of Australia; they were focused on serving themselves and supporting their mates. You wonder if the finance minister would apply the same level of scrutiny and interrogation to the tax debt of a Liberal Party donor as they subjected thousands of ordinary people to under robodebt. We know the answer, especially when it comes to public money: it's one rule if you're a Liberal Party mate and another if you're an ordinary working person. We saw it in how they treated big businesses who were overpaid millions of in JobKeeper—but don't worry! It's okay! You can pay it back if you want to. Meanwhile, a single mother of false robodebt had to prove through a complex and hostile process that they were not overpaid. There was certainly no consideration of the inequity or financial hardship caused by the unlawful collection of over $720 million from over 400,000 victims of the robodebt scheme. We know that this government is not on the side of working people, and that's why we in the Labor Party must ensure every decision made by the government, especially when it comes to public money, is disclosed.</para>
<para>The car park rorts scandal showed that this government no longer even pretends to care about the rules. This was a grant process specifically designed only to benefit the top 20 marginal Liberal seats of local Liberal MPs and duty senators. There was over $600 million in public funds, with 87 per cent of it going to Liberal seats or seats that they wanted to win, and projects that did not meet the eligibility criteria were approved—overruled by the minister and funded. There was no fairness, there was no transparency and there was absolutely no shame from this government, and the Australian people are absolutely sick of it. They've lost all trust in this government, and that's why we need important rules for government to follow, like this private senators' bill that is being introduced today.</para>
<para>The Australian people are sick of the rorts. They deserve so much better from this government. They deserve a government that knows what it means when they're given the responsibility and the trust of spending public money, a government that knows that public money comes from the hard work of millions of Australians. It has been handed over in the trust that it will be used appropriately, that it will be used to build a fair and prosperous country for everyone, not just for people who the Liberal government wants to favour, not just for people who might be the beneficiary of a project, not just for people who live in a marginal seat that the Liberal Party wants to target at an election. This is money that should go to improving our schools; that should go to our hospitals; that should go into plans to grow good, secure jobs in our country—things that would change the lives of millions of Australians for the better.</para>
<para>Labor knows this and that's why we're introducing these changes. We know what is expected of us. This is why we are leaving absolutely no stone unturned. It's why we're making sure every decision by this government needs to be disclosed. They have shown over and over again that they do not deserve the trust of the Australian people and that's why we're here to hold them to account. We are here to make sure that their decisions are reviewed. We are here to make sure that their decisions are disclosed. We are here to make sure there is appropriate scrutiny on all of the decisions that this government makes with trusted public funds.</para>
<para>This bill is one of many steps that Labor is taking to improve transparency and accountability of this government. We have also introduced an anti-rorting bill designed to increase scrutiny around the awarding and funding of grants programs. Labor has also committed to establish a powerful, transparent and independent national anti-corruption commission. It is a complete disgrace that this government has not moved to establish a national anti-corruption commission. It is a complete disgrace that we are still waiting for the Morrison government to introduce—over 2½ years since they promised to do it and after eight years of government, government where we have seen that over and over again they have lost the trust of the public. They've lost the trust of the public when it comes to the spending of public money. They've lost the trust of the public when it comes to accountability. They've lost the trust of the public when it comes to transparency. We know that this government will look for any opportunity to use public money as if it were Liberal Party money. They have shown us that time and time again.</para>
<para>The Morrison government has lost the public's trust. It has to be held to account on all of its decisions. There has never been a more important time to increase scrutiny of this government's decisions. This bill will shine a light on the discretionary decisions of the finance minister on debt waivers and grace and favour payments, decisions that include debt waivers for individuals of over $100,000. When ministers are able to provide this level of discretionary financial assistance it's only right and it's only fair that the Australian people know when those decisions are being made. If our bill is successful these are decisions that will be required to be reported on. They will be reported on and there for all to see, reported on and there for all to see whether it meets the test of trust that the Australian people have, whether it meets the test known as the 'pub test' in this country. We know that this government has been failing to meet the pub test when it comes to the expenditure of public funds. Whether it's sports rorts, car park rorts or jobs for mates, this government requires a much higher level of scrutiny, transparency and accountability and that is what we are seeking to deliver today.</para>
<para>The people of Australia should be able to trust that when their public money is being spent it is being spent in their interests, not in the interests of a Liberal Party that wants to win a marginal seat, not on a project that the Liberal Party thinks will help them do better with a local community, with a local electorate. The Australian people deserve transparency. They deserve accountability. They deserve to be able to trust their government, but they can't, and that's why we need much stronger measures, like the measures proposed today. The people of Australia have to be able to trust that the hard-earned money that they hand over in their taxes is being spent for the public good, not in the interests of marginal-seat MPs, not in the interests of Liberal Party donors and not in the interests of the Prime Minister and his wishes to be re-elected.</para>
<para>The Morrison government have insulted the trust of the Australian people. They've shown time and time again in their decisions that they're not on the side of ordinary working people. They're not on the side of everyday Australians. They're not on the side of people who go out and work hard every day and pay their taxes. They are actually in it for themselves. That is the truth of what we have seen from the Morrison government. If there's public money available, they'll spend it on car park rorts. They'll spend it on sports rorts. They'll channel it into marginal-seat projects that they think give them electoral advantage but that are not for the community's advantage and not for the public good.</para>
<para>That is why we need to see measures like the measures proposed today—greater accountability and greater reporting. That is the scrutiny that now needs to be applied to the Morrison government. The government have turned their backs on the needs of ordinary Australians. They've blatantly used public money for their own political benefit, and they don't even seem mildly ashamed of this. Instead, they've spent the last eight years perfecting their technique, doing it better and better each time, first with the $100 million sports rorts scandal and then with the $660 million car parks scandal.</para>
<para>Labor will not let this waste of public money continue. It is said that sunlight is the best disinfectant, and this government really needs disinfectant applied to it. If sunlight is the best disinfectant, when it comes to the decisions of this grubby government, Labor will continue to shine a light on every single dodgy decision that this government makes. This is a government that has lost public trust. This is a government that has shown that it is prepared to use public funds and spend them in its own interest rather than in the broader interests of the community. That's why I commend this bill to the Senate.</para>
<interjection>
  <talker>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>264449</name.id>
  </talker>
  <para>The question is that the bill be read a second time.</para>
</interjection>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The Senate divided. [11:42]<br />(The Acting Deputy President—Senator Chandler)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>17</num.votes>
                <title>AYES</title>
                <names>
                  <name>Brown, CL</name>
                  <name>Carr, KJ</name>
                  <name>Chisholm, A (teller)</name>
                  <name>Farrell, D</name>
                  <name>Gallagher, KR</name>
                  <name>Hanson-Young, SC</name>
                  <name>Lines, S</name>
                  <name>McKim, NJ</name>
                  <name>O'Neill, D</name>
                  <name>Patrick, RL</name>
                  <name>Pratt, LC</name>
                  <name>Roberts, M</name>
                  <name>Siewert, R</name>
                  <name>Urquhart, AE</name>
                  <name>Waters, LJ</name>
                  <name>Watt, M</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </ayes>
              <noes>
                <num.votes>14</num.votes>
                <title>NOES</title>
                <names>
                  <name>Cash, MC</name>
                  <name>Chandler, C</name>
                  <name>Davey, P</name>
                  <name>Hughes, H</name>
                  <name>Hume, J</name>
                  <name>McGrath, J</name>
                  <name>McKenzie, B</name>
                  <name>Payne, MA</name>
                  <name>Rennick, G</name>
                  <name>Reynolds, L</name>
                  <name>Ruston, A</name>
                  <name>Scarr, P</name>
                  <name>Seselja, Z</name>
                  <name>Smith, DA (teller)</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names />
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to.<br />Bill read a second time.</p>
              </body>
            </division.result>
          </division></subdebate.2><subdebate.2><subdebateinfo>
            <title>Third Reading</title>
            <page.no>15</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>11:44</time.stamp>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>264449</name.id>
    <electorate></electorate>
  </talker>
  <para>No amendments have been circulated. Does any senator require a committee stage? If not, I call a senator to read that the bill be read a third time.</para>
</speech>
<speech>
  <talker>
    <time.stamp>11:44</time.stamp>
    <name role="metadata">Senator PRATT</name>
    <name.id>I0T</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That this bill be now read a third time.</para></quote>
<interjection>
  <talker>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>264449</name.id>
  </talker>
  <para>The question is that the bill be read a third time.</para>
</interjection>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The Senate divided. [11:49]<br />(The Acting Deputy President—Senator Chandler)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>17</num.votes>
                <title>AYES</title>
                <names>
                  <name>Brown, CL</name>
                  <name>Carr, KJ</name>
                  <name>Chisholm, A (teller)</name>
                  <name>Farrell, D</name>
                  <name>Gallagher, KR</name>
                  <name>Hanson-Young, SC</name>
                  <name>Lines, S</name>
                  <name>McKim, NJ</name>
                  <name>O'Neill, D</name>
                  <name>Patrick, RL</name>
                  <name>Pratt, LC</name>
                  <name>Roberts, M</name>
                  <name>Siewert, R</name>
                  <name>Urquhart, AE</name>
                  <name>Waters, LJ</name>
                  <name>Watt, M</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </ayes>
              <noes>
                <num.votes>14</num.votes>
                <title>NOES</title>
                <names>
                  <name>Cash, MC</name>
                  <name>Chandler, C</name>
                  <name>Davey, P</name>
                  <name>Hughes, H</name>
                  <name>Hume, J</name>
                  <name>McGrath, J</name>
                  <name>McKenzie, B</name>
                  <name>Payne, MA</name>
                  <name>Rennick, G</name>
                  <name>Reynolds, L</name>
                  <name>Ruston, A</name>
                  <name>Scarr, P</name>
                  <name>Seselja, Z</name>
                  <name>Smith, DA (teller)</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names />
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to.<br />Bill read a third time.</p>
              </body>
            </division.result>
          </division></subdebate.2></subdebate.1><subdebate.1><subdebateinfo>
          <title>Migration Amendment (New Maritime Crew Visas) Bill 2020</title>
          <page.no>16</page.no>
        </subdebateinfo><subdebate.text>
          <body background="" style="" xmlns:w="http://schemas.openxmlformats.org/wordprocessingml/2006/main" xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:v="urn:schemas-microsoft-com:vml" xmlns:WX="http://schemas.microsoft.com/office/word/2003/auxHint" xmlns:aml="http://schemas.microsoft.com/aml/2001/core" xmlns:pic="http://schemas.openxmlformats.org/drawingml/2006/picture" xmlns:w10="urn:schemas-microsoft-com:office:word" xmlns:wp="http://schemas.openxmlformats.org/drawingml/2006/wordprocessingDrawing" xmlns:r="http://schemas.openxmlformats.org/officeDocument/2006/relationships">
            <a href="s1277" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Migration Amendment (New Maritime Crew Visas) Bill 2020</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>Second Reading</title>
            <page.no>16</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>11:51</time.stamp>
    <name role="metadata">Senator CAROL BROWN</name>
    <name.id>F49</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I rise today to make a contribution on this important piece of legislation that was introduced by Senator Keneally, the Migration Amendment (New Maritime Crew Visas) Bill 2020. In doing so, I acknowledge, sadly, that this debate would not be necessary if the federal government were doing its job. For eight long years this government has refused to act and close one of the gaping holes in our national security regime. They have ignored advice from their own officials about the growing security risks posed by foreign crews working on flag-of-convenience vessels off Australian shores. What makes this situation even more deplorable is that, at the same time, this government is refusing to let our own citizens return to Australia. It refuses to let Australian citizens leave the country without permission, and it recently threatened to jail Australian citizens attempting to return home from India, but if you are a foreign crew member working on a flag-of-convenience vessel you are currently issued with a visa for entry into Australia within 24 hours, with no security checks. Compare this to the security checks that Australian seafarers and maritime workers are forced to endure, waiting for up to three months for their maritime security identification card, MSIC. The bill that we are debating here today is aimed at fixing the hole in our national security regime and protecting Australia's borders and the Australian people.</para>
<para>In 2018-19, authorities estimated that 72 per cent of cocaine, 83 per cent of cannabis and 72 per cent of amphetamines seized that year had come through our maritime ports, yet this government still refuses to conduct proper background security checks on foreign crew entering our ports. In July 2016, the International Transport Workers Federation alerted Australian Border Force officers to the berthing of a flag-of-convenience ship at the port of Gladstone. The vessel was crewed by Syrian nationals, but only one of them—only one—had a maritime crew visa, and that one visa had been issued for an earlier voyage. In other words, the ship had been permitted to dock without the necessary visas in place. After the ITF's intervention, all of the Syrian crew were issued with visas and the right to unescorted shore leave. Prior to the ship's arrival no-one knew who was on board or what, if any, security risk they posed.</para>
<para>This is not an isolated example. The ITF presented evidence to the Rural and Regional Affairs and Transport Committee of 10 vessels that had been in violation of Australia's temporary licensing arrangements. When officials from the department of infrastructure were asked about these breaches, they confirmed that they do not have officers on the ground to ensure that foreign flagged ships are complying with their temporary licence obligations. The department has also confirmed that they have detected only five breaches of temporary licences since they were introduced almost 10 years ago in 2012. This simply isn't good enough. It seems that the ITF is better at detecting breaches of the current licensing regime than government agencies. Counterterrorism and other agencies have continually identified the potential exploitation of people with access to the secure areas of our port as a risk, but the government has repeatedly failed to act.</para>
<para>In 2017, the Department of Immigration and Border Protection, as it was then, appeared before the Rural and Regional Affairs and Transport Committee and gave evidence that flag-of-convenience ships may have been used in a range of illegal activities including illegal exploitation of natural resources, illegal activity in protected areas, people-smuggling, and facilitating prohibited imports and exports. What did the government do when confronted with this evidence over four years ago? Nothing! This government did nothing. The departments also raised their concern about the impact of reduced transparency and secrecy surrounding complex financial and ownership arrangements of the flag-of-convenience vessels. A series of serious border security incidents and the repeated concerns from government departments and agencies should have rung alarm bells throughout the government and prompted swift action. That's what should have happened: it should have rung alarm bells and it should have prompted swift action. Instead, the government's only course of action to date has been to tighten up the requirements on hardworking Australian seafarers and maritime workers.</para>
<para>As the situation currently stands, foreign crew can apply online for a maritime crew visa about 24 hours prior to arriving in an Australian port. In fact, it is the usual practice for the ship's operator or a crewing agent to lodge a bulk application as the ship approaches Australia. There are no face-to-photo checks and no background checks and the visas are issued very quickly. We therefore have very little knowledge of these people arriving in Australia. In pre-COVID times, foreign crews would automatically be eligible for shore leave on arrival. This often involved the crew members being bussed from the bottom of the gangways to the entry gates of the port. They were then free to roam wherever they wished throughout Australia with no meaningful checks and no restrictions: 'Off you go.' As recently as during this year, two crew members from a Panama flagged ship escaped along the foreshore in Geelong. Earlier this year, Senator Seselja was forced to confirm that the Port of Geelong is a secure area and that all people in the zone are required to have an MSIC or be escorted by an MSIC holder. Yet, somehow, at 2 am on a Saturday morning, two sailors were able to creep down the gangway and set off and disappear into the night.</para>
<para>As far back as 2015, alarm bells should have been ringing throughout the government. It was that year that the case of Captain Salas came to the authorities' and the Senate's attention. Captain Salas was provided with a maritime crew visa in 2015 and again in 2016, despite the fact that he was being investigated by the New South Wales Coroner over three highly suspicious deaths as far back as 2012. Captain Salas had given sworn evidence that he had, at the very least, assaulted a crew member and that he facilitated the purchase of guns. Yet, with 24 hours notice, Captain Salas was able to be issued with a maritime crew visa and was free to enter Australian waters and Australian ports. Again, there were no background checks done as are required for Australian workers. I know that it sounds like it just could not be true that someone who had given sworn evidence that he had assaulted a crew member and had facilitated the purchase of guns would be able to be issued with a maritime crew visa and be free to enter Australia, but it is true. That's exactly what happened. There were no background checks.</para>
<para>Australian workers are required to undergo character tests and background tests, but none of that is required for foreign workers. No character tests and no criminal record checks were carried out. Captain Salas, who had given sworn evidence of committing a crime, was allowed access to our ports. These lax visa arrangements are also in place for crew carrying highly dangerous cargo into and out of Australia and around our coast. Goods like weapons-grade ammonia nitrate is carried into and out of Australian ports on flag of convenience vessels, crewed by workers who are granted visas with 24 hours notice.</para>
<para>If this government isn't satisfied by the Australian evidence of the risks and danger, there's plenty of international evidence it can look to. In the past, some 30,000 rocket grenades were found on a flag of convenience ship operated by a North Korean crew in Cambodian waters. Alarming as this is, there is nothing in the current regime that would stop this ship's crew from being granted a maritime crew visa and access to Australian ports. In 2002, Tonga shut down its use of flag of convenience vessels when it was discovered that one of the vessels was owned by al-Qaeda and that the vessels were being used for transporting weapons, ammunition and crew to Europe.</para>
<para>Current maritime crew visas aren't used solely for vessels carrying our imports and transporting our exports; they're also issued to crews of flag of convenience ships that move domestic cargo between Australian ports under temporary licence issued under the current Coastal Trading Act. In 2019, there were eight ships used by Rio Tinto to regularly trade in Queensland waters. Four of the vessels had Australian crew who were all required to have an MSIC. The other four vessels all had foreign crew with no extensive background and security checks. Instead, they were required to have the online maritime crew visas. So eight ships were conducting the same commercial work but with much more onerous security requirements on those using Australian crew as opposed to the requirements for the foreign crew.</para>
<para>The purpose of the bill before us today is to address that situation. This bill aims to ensure that foreign crew are subject to proper security checks and background checks. This bill will bring the background check requirement for foreign crews on ships with temporary licences to engage in Australian coastal shipping into line with the background checks required for Australian seafarers and maritime workers. Senator Keneally's bill addresses the gaping hole in the Morrison government's border security regime by creating two categories of maritime crew visas. The bill creates a transit visa for international seafarers entering Australia on a continuing international voyage. It also creates a maritime crew visa for international seafarers engaged on ships and authorised to undertake Australian coastal shipping under a temporary licence. This new visa will require more rigorous background and security checks before it can be issued.</para>
<para>It is estimated that 20,000 foreign flagged ships with 200,000 foreign crew enter Australia each year. Each and every one of these crew are granted an online visa with as little as 24 hours notice. As I've said earlier, in pre-COVID times, once their online visa was granted and they arrived in an Australian port, these 20,000 crews were free to wander in Australia on shore leave.</para>
<para>In addition to this lax visa arrangement, some of these crews arrive at ports where there are no X-ray machines, no metal detectors and no bag checks. The Department of Home Affairs has also confirmed that, in some cases, up to 20 foreign seafarers can be left to walk through highly sensitive areas of ports where the only supervision and precaution is the use of security cameras.</para>
<para>This government has had eight long years to plug these gaping holes in our national security system, yet still they refuse to act. The government recently passed a number of changes to the domestic Maritime Security Identification Card to extend the security checks carried out on Australian seafarers and maritime workers but has done nothing to tighten up their online visa process for foreign seafarers. I congratulate Senator Keneally on bringing forward this sensible solution to a national security problem, and I urge colleagues to support the bill.</para>
</speech>
<speech>
  <talker>
    <time.stamp>12:06</time.stamp>
    <name role="metadata">Senator SCARR</name>
    <name.id>282997</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>Can I make one point absolutely crystal clear at the start of this debate: if you are going into a security sensitive part of a port, you need a Maritime Security Identification Card. It does not matter if you are Australian or foreign; you need a Maritime Security Identification Card. The same rule applies to everyone going into security sensitive parts of our ports. There is no discrimination. There's no rule for Australians different from others going to the port. The same rule applies. That's a good thing, and it's a good thing that we've tightened up the requirements around the Maritime Security Identification Cards so that bearers are people of the right character who don't have a criminal history which would indicate that they shouldn't be in those highly security sensitive areas. It's fit and proper that we have those checks and balances and make sure we control who goes into security sensitive parts of our ports.</para>
<para>I'd like to make some preliminary comments in relation to the maritime industry as to this bill. My first point is: the wellbeing of our seafarers should be paramount, whether they are domestic or international. At this time of the COVID-19 pandemic, many seafarers are doing it tough—doing it extremely tough. This is particularly the case with respect to crew who haven't been able to change out of vessels. There are crews on international vessels who have been on those vessels for over 12 months—13 months, 14 months, 15 months. I think it's incumbent upon countries like Australia and other countries around the world to seek solutions to that, because that's unacceptable. It's unacceptable that seafarers should be in that position.</para>
<para>The second point I want to make is in relation to the <inline font-style="italic">Ships of shame</inline> inquiry that was made in 1992. I commend the chair of that inquiry, Peter Morris MHR MP—who was on the other side, I must say. That inquiry did absolutely vital work in terms of shining a bright light on some of the disgraceful conditions on the flags-of-convenience vessels that were referred to as 'ships of shame'. Examples of unseaworthy ships, poorly trained crews, beatings of sailors by ships' officers, sexual abuse of young sailors, crews being starved of food—terrible things—were uncovered in that <inline font-style="italic">Ships of shame</inline> inquiry.</para>
<para>And what do we see today? I call upon all members to have a look at the Australian Maritime Safety Authority's 'Focus areas for 2021-22', and you will find that 'Focus area 2' is on breaches of the Maritime Labour Convention. This is in 2021-22, after we had the <inline font-style="italic">Ships of shame</inline> inquiry back in 1992. Thirty years later, this is still an issue. I quote from AMSA's document:</para>
<quote><para class="block">Data suggests seafarer's welfare continues to be compromised with serious breaches of the MLC found on board vessels. In 2020, there was a 46% increase in MLC deficiencies issued during port state control inspections from the previous year.</para></quote>
<para>That's a 46 per cent increase in Maritime Labour Convention deficiencies on a year-on-year basis. Issue 2, which AMSA is looking at, is the maximum continuous service on board. It states:</para>
<quote><para class="block">Due to the COVID-19 pandemic, 2020 has been particularly challenging with the number of complaints relating to repatriation showing a substantial increase compared to previous years. While from early 2021 there has been a reduction in the number of seafarers serving on board vessels for more than 11 months, we will continue to monitor this situation and enforce the maximum continuous service on board limits in accordance with the convention.</para></quote>
<para>I really do commend AMSA's focus on this issue in relation to the Maritime Labour Convention.</para>
<para>I commend all those great Australians who are working in our missions providing support to seafarers. I can give you just one example from my home state of Queensland. The average number of seafarers coming into the port of Gladstone each year is approximately 60,000. Usually, 16,000 of those seafarers would seek assistance from the Gladstone Mission to Seafarers. At this time of COVID that has fallen to 6,000, but it doesn't mean the issues are any less serious. I spoke about the changing crew issue during these COVID times. The general manager of the Mission to Seafarers in Gladstone, Jessica Mulhall, said:</para>
<quote><para class="block">They're suffering extreme mental health [issues] and really difficult conditions for them to be in for 15 and 16 months at a time now.</para></quote>
<para>She is shining a bright light on the huge pressures that are on our international seafarers at this time. All governments, all over the world, need to work very hard in order to address those issues.</para>
<para>The second issue I wanted to touch on in relation to maritime matters—and I think it's important to provide context to this debate—is the state of Australia's maritime industry. When I was a very young lawyer working in the legal department of Mount Isa Mines Ltd I was proud to be involved in the construction of a vessel known as MV <inline font-style="italic">Aburri</inline>. This self-discharging and self-loading vessel was designed right here in Australia, in my home state of Queensland, and constructed in Cairns by NQEA. That vessel is still working up in the gulf, taking zinc-lead-silver concentrate from the McArthur River Mine out to a deep-sea anchorage point. That vessel was designed and constructed right here in Australia. I pay tribute to everyone who was involved in that, including my good friend and naval architect Stuart Ballantyne and Don Fry of NQEA.</para>
<para>The question we have to ask ourselves is, 'Why aren't we designing and constructing more ocean-going vessels in this country?' What are the impediments? Then we need to ask ourselves, 'Why don't we have more merchant vessels flying under Australian flags?' I listened to Senator Sheldon's contribution to this debate, and he made the point that over a period of 30 years the number of Australian flagged vessels has fallen from 100 to 13. That is a calamitous fall. I think it's incumbent upon all of us to reflect on that change in circumstances, especially at a geopolitical time when this country needs sovereign capacity and capability.</para>
<para>It's in that context that we are considering this private senator's bill. I am speaking against this bill, and there are, essentially, three reasons for that. The first reason is it seems to draw a link between this bill—this new class of visa—and the Transport Security Amendment (Serious Crime) Bill 2020, which has now been passed. I can understand that some of those opposite have concerns as to whether or not the Transport Security Amendment (Serious Crime) Bill provided sufficient protection with respect to workers who might be impacted by the added obligations and requirements for the maritime security identification card.</para>
<para>That is a matter upon which we can have a reasonable debate. I'm on the other side of that debate. I sit on the two scrutiny committees of this place. We looked at the regulations and the act, and I—and I won't speak for the rest of the committee—considered that the checks and balances in that act were appropriate and provided enough protection for people and their rights while at the same time provided the safeguards at our ports that are necessary to address the very fact that Senator Brown just pointed out in her contribution—that there is so much illegal trade occurring through our ports.</para>
<para>We have to make sure that the right people, after they've gone through character and criminal background checks, are in the security sensitive parts of our ports. That's what the Transport Security Amendment (Serious Crime) Bill was all about. I'm glad it was passed and it is now law. I query whether the argument put forward by those opposite is genuinely about visas or is really about trying to put hurdles in the way of the Transport Security Amendment (Serious Crime) Bill. It would assist this place if those opposite were more transparent with their real objective in terms of this bill.</para>
<para>The second issue I have with the bill—and I made this clear in my opening statement—is that every single person who goes unescorted into a security sensitive part of an Australian port must have a maritime security identification card. It does not matter if they're Australian or international, the same rule applies, as it should. The issue with what those opposite are presenting is that an international crew member who never goes into those security sensitive parts of our ports except when escorted—maybe on their way to shore leave—would be required to go through the same process. This would apply even if they were working in the galley or have some role that doesn't require them to go unescorted into those security sensitive parts of our ports. Why the duplication? Why the inefficiency? Where is the logic in that? That has not been explained adequately by those putting forward this private senator's bill.</para>
<para>We essentially have three reasons why this bill doesn't warrant support in this place. Firstly, there is the unnecessary duplication. Those international seafarers who need to have access to the security sensitive parts of our ports already need a maritime security identification card and go through a visa process as well. So there's absolutely no justification to duplicate the process and the system and require others to incur the costs involved in that.</para>
<para>Secondly, there is the inefficiency. We should be focusing our resources, our security checks and character tests on the most sensitive individuals who are going into our ports. We shouldn't be wasting time and money by duplicating procedures and focusing on those who aren't going into security sensitive parts of our ports.</para>
<para>Thirdly, this bill is all mixed up. It's connected with—and I would argue that this is the whole basis for it being put forward—the Transport Security Amendment (Serious Crime) Bill. This bill was proposed by those opposite to place a hurdle in front of the commencement of the other bill. The bill is not very long. I read the bill last night and I can tell you that the one paragraph that leaps out to you says that the Transport Security Amendment (Serious Crime) Bill can't commence unless this bill is passed. Those opposite know that this bill wouldn't get the support in the lower house, so this bill is all about putting a hurdle in the way of the Transport Security Amendment (Serious Crime) Bill.</para>
<para>As I said, it's fine to have a reasonable debate about the Transport Security Amendment (Serious Crime) Bill, but I think it demeans the whole process of having a private senator's bill when you come into this place and present a bill not on the basis of its own merits but with the not well hidden agenda of it being a hurdle to the implementation of another piece of legislation—in this case, the Transport Security Amendment (Serious Crime) Bill.</para>
<para>Debate interrupted.</para>
</speech>
</subdebate.2></subdebate.1><subdebate.1><subdebateinfo>
          <title>Treasury Laws Amendment (COVID-19 Economic Response No. 2) Bill 2021</title>
          <page.no>20</page.no>
        </subdebateinfo><subdebate.text>
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            <a href="r6745" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Treasury Laws Amendment (COVID-19 Economic Response No. 2) Bill 2021</span>
              </p>
            </a>
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        </subdebate.text><subdebate.2><subdebateinfo>
            <title>Consideration of House of Representatives Message</title>
            <page.no>20</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>12:21</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the committee does not insist on its amendment, to which the House of Representatives has disagreed.</para></quote>
</speech>
<speech>
  <talker>
    <time.stamp>12:21</time.stamp>
    <name role="metadata">Senator ROBERTS</name>
    <name.id>266524</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I serve the people of Queensland and Australia, and I'm very proud to be the people's servant. As part of my job, I believe it's important to scrutinise government spending of taxpayers' money. That's the ultimate accountability. What Senator Patrick's amendment does, which the government has rejected in the lower house, is enable public scrutiny. Public scrutiny is far more intense than any scrutiny this parliament can give it, because people working within the companies that are receiving money actually scrutinise the spending that taxpayer money. We need to be open about shovelling tens of billions—hundreds of billions—of dollars of taxpayer money into companies. The government shows, by its actions in the lower house and by its lack of support for Senator Patrick's amendment last week, that it is afraid of accountability and public scrutiny. Why? That's the question I ask. Why is this government afraid of accountability and public scrutiny? And, when push comes to shove, the Labor Party is the same. We've had almost eight decades of shoddy governance in this federal parliament.</para>
<para>Let's look at the COVID history and where hundreds of billions of dollars of taxpayer money is going. In March 2020, we looked at Italy, France, Spain and China and we saw thousands of people, reportedly, dying. We said to the government in March, when we had our first single-day sitting, 'We will support you.' We waved the JobSeeker measures through. Then, in April, we waved the JobKeeper measures through. We said: 'Get on with the job. But, in the face of uncertainty, we will expect you to come up with the data, we will expect you to come up with a plan for managing this virus and we will hold you accountable.' I started holding them accountable in May, gently at first. But look at the mess that has been and continues to be created in this country. There is a complete lack of leadership at state and federal level. These are the fruits of 80 years of shoddy governance, and now we see the federal government not willing to let the public scrutinise the spending of the public's own money.</para>
<para>Just last week we had two lawyers give their services in the High Court. The High Court ruled that the national cabinet is no such thing, and I commend Senator Patrick for initiating that. Why was the so-called national cabinet enacted? I told Senator Hanson right from the start that I believed there was a very strong and very clear reason for it. The government didn't know how to manage the virus. If the management of the virus went belly up, they'd be able to blame the national cabinet. If it succeeded, the Prime Minister would be able to take the credit. Remember: this Prime Minister was on his knees after the bushfire crisis. The only thing that saved him was the entry of COVID into this country. He was going downhill in the polls.</para>
<para>Last year, it was exposed that our country has been mismanaged for many, many decades. Our productive capacity is shot. We can't make basic essentials in this country. COVID exposed that. We are now dependent on other countries. The last 18 months has shone further light and shown the complete mismanagement of this virus. No state government has any idea what it's doing, with capricious lockdowns. There's a complete lack of leadership, and Labor have limped along. They're not a credible opposition. It is costing lives now and it will cost lives in the future.</para>
<para>I asked for the data and didn't get any from the government. I asked the Chief Medical Officer and the Department of Health secretary, and they said the mortality of this virus is low to moderate. It is not as severe, relatively, as past respiratory diseases. The transmissibility is high. But there's been no plan. There's been no segregation of the data and no detailed plan. We know some people, like Senator Patrick, don't even feel it. They don't even know they've got it, because they don't have symptoms. For other people, it is a mild cold. For other people it is a flu. Other people have lingering ailments. Other people can die. So we look at a plan. There are seven components in the plan, and I went through these in the Senate last week.</para>
<para>First of all, what we're seeing instead of a plan is state governments blaming each other, state governments contradicting themselves, state governments blaming the federal government, and the federal government blaming the state governments. All the while we, as taxpayers, are paying for that mismanagement. On the basic practice of lockdowns, even the UN World Health Organization—crooked, corrupt, incompetent, dishonest organisation that it is—now admits that lockdowns are not the answer. Lockdowns are a blunt instrument for use initially to get control, which tells us that the state governments and their benefactors—their funders, the federal government—are not in control of this virus.</para>
<para>Secondly, we've seen countries like Taiwan have effective testing, tracing and quarantining. They are not locking everyone down and destroying the economy. Their economy is bubbling along fine. They are quarantining the sick and the vulnerable. That's the way to do it. We have seen people like Governor DeSantis in Florida, which has a large proportion of elderly people, apologise to the people of Florida for locking his state down the first time. It's never happened again. Florida is doing much the same as the other states with the response to COVID. The states, like California, that have shut down and locked down are doing worse.</para>
<para>But our country can't come up with anything better than this mishmash. We now see injections with vaccines that have only provisional approval and have caused tens of thousands of deaths overseas. We see a government for the first time in human history injecting something into people and causing deaths. We see in this country provisional approval for a not fully tested vaccine. But at the same time we see ivermectin, a known treatment, a known cure and a known prophylactic. It has been approved in this country for use for other diseases since 2013. It has been proven over six decades around the world as safe. It's proven to be affordable. It's now been proven in South American countries, Asian countries, Indian states and some European countries, I believe, as successful at treating COVID. There are 40 to 50 medical and scientific papers verifying that. A doctor here in Australia in Sydney treated 24 very ill patients in quarantine with it. They all survived. They all got well quickly. The two people that weren't treated died. Ivermectin is known and proven, and yet, while we can get vaccines provisionally approved in no time when not fully tested, we can't get on in approving the safe, known drug ivermectin.</para>
<para>Where is the plan? There is no plan. The core question is: how can a government refuse Senator Patrick's amendment? It is an inoffensive measure. It is not going to cost much. It is going to save money, as it is doing in New Zealand. But the government runs away. The objective of this mishmash and mismanagement of COVID is not health. If it were, they would be approving ivermectin. If it were, they would be very seriously questioning lockdowns, because lockdowns are costing lives.</para>
<para>We now see that the objective is not health; we now see that the objective is more along the lines of control. Think about this: there is talk of a 'vaccine prison'. Those are my words for a vaccine passport, because it's not a passport; it is a prison. People can't go to the supermarket unless they have been vaccinated. There is talk of that. It's proposed in New York and other places; it's been considered in this country. People's work—their livelihood—is being jeopardised by the 'vaccine prison' threat. I understand there are construction workers now under that fear in Sydney. People want to go to the gyms to be healthy. There's talk about the 'vaccine prison' not giving them permission to do that. There would be lack of mobility through public transport. It may be denied through the 'vaccine prison'. Basic freedoms already affected are the freedom of thought, the freedom of speech, the freedom of expression, the freedom of association, the freedom of exchange, the freedom of travel and the freedom of mobility. These are basic freedoms in our country. The objective, as I said, is not health.</para>
<para>Then we see Pfizer's revenue in the last quarter was $19 billion. That's a pure profit of around $4 billion in just three months. Is this why the government are protecting them by banning the use of ivermectin for COVID? Things just do not add up. This is not about health, or, if it is, it's very shoddy, uncaring incompetence. This is about freedom and control and accountability. <inline font-style="italic">(Time expired)</inline></para>
</speech>
<speech>
  <talker>
    <time.stamp>12:31</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I rise to encourage the Senate to insist on the amendment. It is a very simple amendment. It's not offensive in any way. It requires the tax commissioner to publish the names of entities who receive JobKeeper, the number of individuals for whom the entity received the JobKeeper payment and the total amount that they received, with the option of also publishing information about how much the entity has paid back. For a company to profit from JobKeeper was never the intention of the fund. There are companies that have paid back JobKeeper because it is the right thing to do. It's a very simple amendment. It's really an amendment that was basically put together by looking at what happens on the New Zealand government website, where they basically display this information. Just to be very, very clear: it does not display any company information at all; it displays the amount of money that the taxpayer gave to the company to support them.</para>
<para>I heard Senator Birmingham on television this morning trying to justify the government's approach. It was a wet-lettuce-leaf attempt at a justification. Let everyone understand exactly what is happening here: after the taxpayer pays their tax, the money is taken and given to companies and some of them are funnelling that into dividends and into executive bonuses, and, sadly, Minister Birmingham thinks that is okay. He thinks that's all right. Don't worry; it is only taxpayers' money. I can tell you that the people of South Australia are really angry about this. It can be fixed by doing something that is relatively simple. It's what New Zealand has done, and it just involves the publication of the recipients and how much they received. This is what it's like to be in the Liberal Party: you have business mates and you get to support them at the expense of regular voters, regular Australians.</para>
<para>I introduced the motion and I thank the Senate for supporting it. It went to the other place and, unsurprisingly, because it is dominated by the Liberal-National coalition, they removed the amendment. The Senate has the ability to insist on the motion, and that's what we're being asked to do now. I'm happy for Senator Gallagher to stand up on a point of order and say I'm misleading the chamber, but unfortunately the Labor Party are not going to support it this time around. It's almost unimaginable. I've been contacted by a whole range of Labor supporters this morning that have indicated they will not be Labor supporters after this event here in the chamber. Basically, what's happened is the Labor Party were pretending to support a transparency measure. They were pretending to care about workers who pay tax. They were pretending to have high moral fibre and social integrity. And, of course, we now find out it was a ruse. There's no reasonable proposition or explanation you can have for the fact that over the weekend somehow the Labor Party has backflipped on this. I don't think they've backflipped; they just lack courage. They pretend that they support these things but in fact they don't.</para>
<para>Why are we seeing what's happening here? Why are we seeing Labor walking away from this measure? The answer's really simple: they don't want it to go back to the House and have the Prime Minister basically reject the bill. But they haven't even got the politics right. The reason this bill is necessary is that the Prime Minister failed Sydney. He failed through a lack of national quarantine and he failed because of the vaccine rollout, and that's left Sydney in lockdown. If the Labor Party think that Scott Morrison is going to reject a bill that helps Sydney get out of the mess that he created, then I say that they haven't thought this through. If there were ever a bill where the Labor Party could have said, 'You know what, we're going to stand our ground; we're going to stand up for the right thing to do,' it's this bill. What this tells the Australian public is that under no circumstances will the Labor Party stand up for Australians.</para>
<para>I think I said in the chamber last year that I was going to help you with your marketing. I'm going to buy you a dog. I am going to buy you a dog and it's going to be a dog that rolls over every time a Liberal Party member walks into the room, because that's exactly what you're doing here. I had a meeting with a senior coalition minister last year—it was about this time last year—and what this person said to me was, 'Rex, I love playing chicken with the Labor Party because they always swerve.' You have no courage. You need to stand up and actually support something that you believe in instead of getting worried about the politics. Instead of being incapable of explaining what's happening to your voters, to your supporters, you're simply saying, 'No, that's too hard.' It's much, much easier to reject the amendment, and the Australian taxpayer will suffer; the very workers that you claim are your constituents will suffer. It's not on, and the Australian public will hold you to account on this—certainly the crossbench will, but the Australian public are watching. I urge you, Senator Gallagher, to change position and support this amendment to insist that it stays in the bill.</para>
</speech>
<speech>
  <talker>
    <time.stamp>12:38</time.stamp>
    <name role="metadata">Senator ROBERTS</name>
    <name.id>266524</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I want to make a correction. The national cabinet decision was not a result from the High Court. It was made in the Administrative Appeals Tribunal by the Federal Court Justice Richard White. My apologies. I wanted the record corrected.</para>
</speech>
<speech>
  <talker>
    <time.stamp>12:38</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I can indicate that the Australian Greens maintain our support for Senator Patrick's amendment to the Treasury Laws Amendment (COVID-19 Economic Response No. 2) Bill 2021 and we very strongly believe that the Senate should insist on that amendment. I also want to make the point that I was waiting for someone from the Australian Labor Party to get up and put a position—I hope we are going to hear a position from the Labor Party in this debate and they're not just going to sit there in an attempt to let it get through to the keeper. What is clear is that the Australian Labor Party are not going to insist that this amendment remain. They are walking away from the position that they held last week.</para>
<para>This is a sad day for transparency in this country, and it's a sad day for accountability. But, most importantly, it's an extremely sad day for the long-suffering taxpayers of Australia, who've forked out many, many tens of billions of their hard-earned dollars, which this government has thrown to its mates the billionaires and the big corporations. The Senate today, by the looks of it, is not going to insist on a modicum of transparency in regard to the biggest stimulus package in this country's history. So once again we see the Liberal Party shovelling billions of dollars to big, profitable corporations, and the Australian Labor Party, having made a few flapping noises last week, are going to give them the green light to keep ripping off Australian taxpayers.</para>
<para>You don't have to look far for a different approach to this. In fact, you don't have to look any further than across the ditch to New Zealand, where we know who got the taxpayer dollars because the New Zealand government put it all online in a searchable database. There's only one reason why, in Australia, the government and now the Labor Party don't support this information going online in our country: it's because they want to cover up which big, profitable corporations trousered billions of dollars of taxpayers' money.</para>
<para class="italic">Senator Lambie interjecting—</para>
<continue>
  <talker>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
  </talker>
  <para>I'll take that interjection from Senator Lambie. She mentioned political donations—the institutionalised bribery and the institutionalised corruption that are political donations in this country.</para>
<para>But back to this program. We have seen the highest levels of waste in history, with only about one-quarter of the $60 billion directly benefiting workers. The government allowed big corporations to make off like bandits and send this money off into tax havens, while hundreds of thousands of students, single parents and jobseekers are excluded from this latest scheme. Eleven of Australia's billionaires were enriched by JobKeeper, while universities, the arts and far too many casual workers in precarious jobs didn't get a cent.</para>
<para>Let's not forget that the Morrison government had to be dragged kicking and screaming by experts, the union movement and the Australian Greens to implement JobKeeper in the first place. But when Mr Morrison and Mr Frydenberg put their own personal spin on it—as they had to because, of course, it wouldn't be Liberal Party policy in Australia if it didn't exclude the people doing it toughest, whilst handing out billions of dollars in public money to some of the biggest corporations in the country so they could deliver record profits to their shareholders—75 per cent of the $90 billion that was ultimately outlaid didn't make it to working Australians. That's $68 billion that didn't make it to working Australians; it went to shareholders. It could have gone to those who most need it, but instead it lined the pockets of CEOs and wealthy investors. In just the first 24 weeks, $25 billion went to businesses which ultimately didn't satisfy the eligibility requirements. In that same time, $9 billion was paid to over 150,000 firms that ultimately recorded increases in their revenue. Sixty-six big corporations on the ASX 300 received JobKeeper. Fifty-eight of them reported positive earnings and 34 of these companies reported increases in underlying profits relative to pre-pandemic levels. What an absolute rort this was, yet the parliament and this Senate are not even going to insist on basic transparency measures.</para>
<para>Just yesterday the <inline font-style="italic">SMH</inline> reported that Lachlan Murdoch's Nova received $10.6 million in JobKeeper payments while recording, of course, a net profit of $16.88 million. That takes the total of billionaires' companies that have been profitable, that have rorted JobKeeper and that have refused to pay it back to 11. That is 11 of Australia's billionaires—10 per cent of the billionaires in this country. That is Lachlan Murdoch, for his company Nova. That is Kerry Stokes, through Sevenwest. That is Gerry Harvey, through Harvey Norman. That is James Packer, through Crown casino. That is Len Ainsworth, through Aristocrat poker machines. That is John Gandel, through the Vicinity property group. That is Brett Blundy, through Lovisa. That is Mark Besen, through Home Consortium. That is Nick Politis, through Eagers Automotive. That is Raphael Geminder, through PACT Group. And that is Dale Elphinstone, through Engenco.</para>
<para>One of those, Gerry Harvey, has been absolutely chortling all the way to the bank, with Harvey Norman keeping $22 million in JobKeeper payments despite its profits doubling to $462 million, in the middle of a pandemic, while 1.1 million working Australians were ineligible for JobKeeper. Around half the businesses in the arts sector were ineligible. Universities and their staff were deliberately excluded. Casual staff who had been employed for less than six months were ineligible. Basically, any group that is unlikely to vote in numbers for the coalition got shafted. New businesses missed out. Many small businesses missed out. Over the first six months alone, they missed out on $20,000 per employee.</para>
<para>What should we be doing here, when we are faced with this rort of all rorts? The very least we should be doing is insisting on basic transparency measures—as the Labor Party have said time after time after time. Here's Mr Andrew Leigh on ABC News Radio on 28 January: 'The information is at the fingertips of the ATO. They simply need to disclose it to the Australian people.' Well, the Australian Greens could not agree more. The information's there. Put it out so that the Australian people can see how their money was actually spent by this government. But no: the Labor Party is not going to insist.</para>
<para>Just last week we saw Mr Leigh standing in the House of Representatives calling for a transparency scheme. Okay, the threshold he was proposing might have been a little bit different, but it was basically, in effect, the same scheme as the one Senator Patrick proposed, which is the same scheme that is contained in the legislation that was originally drafted by the Australian Greens and tabled by me on behalf of my Greens colleagues and which is currently at a Senate inquiry. I say this to the Labor Party: if the government chose to delay the passage of this bill because the Senate insisted on some entirely reasonable transparency provisions, that would be on the government; it wouldn't be on the Labor Party. You would find that if you would actually stand up, grow a spine and mount that argument then the Australian people would be with you on it, and they'd be against the government on it. But you'll never know, because you're folding—again—as you fold on refugee policy, as you fold on progressive taxation policy, as you fold on every single law that walks Australia down the dangerous road to a police state and a surveillance state and as you fold on so much more. <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>12:49</time.stamp>
    <name role="metadata">Senator GALLAGHER</name>
    <name.id>ING</name.id>
    <electorate>Australian Capital Territory</electorate>
  </talker>
  <para>We're here today because of the arrogance of the Morrison government. When faced with the will of the Senate, a vote last week, Mr Morrison ignores it, and that is how he constantly treats this place. Every non-government senator votes in support of transparency, a reasonable amendment. We send that view to the House of Representatives, and Mr Morrison gives the Senate, yet again, the proverbial finger.</para>
<para>Last week, the Senate passed an order for the production of documents seeking information from the Commissioner of Taxation, with the documents being due this week. That had a similar focus: the list of all employers with an annual turnover greater than $10 million that received a JobKeeper payment, the number of employees paid, the total amount paid and any amount returned. It will be interesting to see how the government responds to that order for the production of documents.</para>
<para>Mr Morrison is not a leader who works with others. We have seen the results of that with the failed national cabinet strategy, which never comes up with a national position. It is because he can't negotiate, he can't cooperate and he can't conciliate. Removing this amendment that the Senate passed last week is another example of that. We supported this amendment because it's good policy. It makes sense, and the Australian people, footing the bill for a $90 billion program, deserve to know where that money went and why. It has added billions of dollars in debt—debt for another generation—and still the government refuses a simple request for transparency.</para>
<para>We don't think it necessarily needed to be attached to this bill. We think the government should have done it when they brought in the JobKeeper program. We've been on the record about that. We don't think it should be secret. With the work that the PBO has done which highlighted—my colleague Andrew Leigh has been running this issue on the House side—that $13 billion of a $90 billion program went to firms that increased their profit, we think it is in the public interest to know that. It's also in the public interest to know when moneys have been repaid. We think that should have been part of the contract that exists between the taxpayers and the firms who were given a lifeline through the most devastating of circumstances.</para>
<para>So this response from the House of Representatives is classic Mr Morrison. When challenged, he has a pathological inability to resolve deadlocks. He's stubborn, he's arrogant and he's even prepared to let businesses and families in need of the support that is provided by this bill be collateral damage in a game of chicken between two houses of parliament. This government was too quick in cutting off JobKeeper and it was too late in giving businesses affected by lockdown, and the workers who rely on those businesses doing well, notice of appropriate support. Again, in classic Mr Morrison style, never taking responsibility for anything, he tried to make it the states' problem, claiming that the lockdown decisions were made by the states and therefore the states should manage those decisions and their financial consequences. The lockdowns that the states were putting in place were a direct result of his failure on national quarantine and the complete shambles that is the national vaccine rollout. Those were the things forcing states into lockdown. He then told them: 'Well, this is your decision. It's your problem. It's your budget that should fund the support.' Then there was an unseemly interaction between state premiers and Mr Morrison about who pays for what and what contribution the Commonwealth should make. That was the environment we were in that led to this bill</para>
<para>We know now that $400 million will be going to Victorian businesses and hundreds of millions of dollars will be going to New South Wales by the time their lockdown finishes. In fact, we don't know how much will go to those businesses in New South Wales, but it is safe to say it will be in the order of hundreds and hundreds and hundreds of millions of dollars. According to the Prime Minister, 460,000 companies and three million employees of those companies will be getting business support in New South Wales. But this support isn't coming because Mr Morrison wanted to provide it or even because Mr Morrison believed he should provide it; it was because he was shamed into it by state premiers.</para>
<para>So, yes, we supported this amendment. We continue to support the substantive component of this amendment. We will look at other ways to continue the pressure on the government to provide this information. It should be provided. It shouldn't require an amendment from Senator Patrick to put this arrangement in place. The government should have done it. If not at the beginning of JobKeeper, when things were unravelling very quickly, it should have done it when it reviewed JobKeeper. It should have done it when it had a look at where the money was going. It should have done it when it realised how many firms were profiting from JobKeeper. Shine a light on it. Provide that information to taxpayers who, for generations, will be paying this debt off. The government should have accepted this amendment.</para>
<para>I note the free advice from my colleagues on the crossbench, making it Labor's problem. This is the government's problem. It is their failure. They are in charge. It is their failure to put in place appropriate transparency measures here. But they have rejected the Senate's amendment, and the Prime Minister is prepared to make those businesses collateral damage in his stubborn engagement with this chamber.</para>
<interjection>
  <talker>
    <name role="metadata">Senator Kim Carr</name>
    <name.id>AW5</name.id>
  </talker>
  <para>It's vindictive.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator GALLAGHER</name>
    <name.id>ING</name.id>
  </talker>
  <para>Senator Carr is right: it is vindictive. And it is arrogant, and Labor will not create uncertainty for those businesses. Before I hear the squeals from the crossbench, I doubt very much that any one of them engaged on the weekend with any business or any employee that is currently locked down in these jurisdictions. I doubt very much that any one of them spoke to a business and said: 'Do you know what we're going to do? We're going to have a bit of fun with this. We're going to kick it around, and, in the meantime, you won't have certainty about the payments that you deserve under these arrangements that will allow to you keep workers employed.' That is what they are asking us to do.</para>
<para class="italic">Senator Lambie interjecting—</para>
</continue>
<continue>
  <talker>
    <name role="metadata">Senator GALLAGHER</name>
    <name.id>ING</name.id>
  </talker>
  <para>I've got a lot of time for you, Senator Lambie, but I doubt very much that you have spoken to one business, one worker or one family that is waiting for certainty about these payments. I doubt it very much. But I have spoken to MPs in the lockdown areas. I understand exactly their concern and their worry; they're dealing with businesses every day that do not know how to keep their door open. This is because of this Prime Minister's failure on the vaccine rollout and national quarantine. It is dire out there for these businesses. It is devastating. The last thing they need is a tick-tack between two houses of parliament on a transparency measure that we believe should absolutely be in place, but are we prepared to put the transparency measure above the needs of these businesses and these families who do not know how to make ends meet at the moment? No. That is the position we have come to.</para>
<para>We have consulted: we have reached out to MPs in south-west Sydney, in Western Sydney, in Sydney central, in Victoria and on the coast. We have spoken to those MPs, and what they are feeding back is that businesses are struggling, families are struggling and people are devastated by this virus. Yes, they would like a transparency register and we should keep fighting for it, and the order for the production of documents should come back on Thursday with all of that information. The government should bring a bill that puts in place a transparency register. Yes, we agree with that, but will we sit here and provide uncertainty to those businesses and those families relying on this parliament to do its job? No, we won't. We will take the criticism from the crossbench, who have the luxury of putting this position, because one vote doesn't matter here, but 26 votes do. We have consulted, and we have come to the right position. We do not resile from transparency. We will never resile. The government should do it. But these payments need to get to businesses and to the families and the workers who rely on them. <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>12:59</time.stamp>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I rise to contribute briefly to this discussion today on the Treasury Laws Amendment (COVID-19 Economic Response No. 2) Bill 2021. I think it is just absolutely appalling that the government are so stubborn—digging their heels in to refuse to allow what is a basic transparency measure to be implemented in this piece of legislation. This is the MO of our Prime Minister. Mr Morrison has to be dragged kicking and screaming to every solution. He has been dragged kicking and screaming to every solution during this COVID crisis and this pandemic, from the early days—when the Prime Minister told people it was fine to be shaking hands and going to the football, while the rest of the country was looking on in horror—to, of course, being dragged kicking and screaming to put in place JobKeeper and payments in the first place.</para>
<para>Now, after months and months of businesses and organisations across this country and workers struggling to deal with the fact that we're still in the midst of the pandemic, we see the Prime Minister dragged kicking and screaming again to put in place something. But, of course, it doesn't go anywhere near what is actually needed to ensure that we look after businesses—particularly small businesses, many of which, I might add, are part of the industries, such as the creative industries, the tourism industries and the hospitality industry, that have been hit the hardest in this country by the COVID lockdowns and the pandemic. But what happens when the Prime Minister gets caught out? His go-to playbook is 'dig in, be stubborn, be pig-headed, and say no'. Then, in a few months time, he'll flip and he'll pretend that that was his position all along. That is what this Prime Minister has done from day dot, and I put it to you that, in terms of the transparency measures we are debating here in this place today—which are basic, which are important and which put squarely at the feet of the government some sensible responsibility—the government's going to have to do this eventually anyway because they're going to have to fess up as to what has happened where and when, and how taxpayers' money has been spent and for what purpose. Meanwhile we have the Prime Minister acting in his usual pig-headed, stubborn manner. 'It's not my responsibility. I don't hold the hose and I certainly don't hold the chequebook,' seems to be his response, even though he is the Prime Minister of the country. In a few months time, we'll see something introduced or some small announcement where he pretends that this was his position the whole time.</para>
<para>The parliament is an important process of review, and, when the Senate chamber does its job properly, it needs to be respected. In this case, we saw an important piece of legislation come in. It wasn't everything we wanted, it doesn't deal with all of the workers who are missing out and it doesn't help all of the businesses that are struggling today, but it does something. In terms of the basic element of transparency of these payments, transparency of how the government is behaving and governing in this country is basic, and our job in the Senate is to make sure we do scrutinise legislation and fix it up where we can. Here, we fixed it; we actually made it better. We sent it down to the Prime Minister's chamber, and he got too stubborn, dug his heels in and said, 'No, bugger off!' This chamber has done its job, and it is about time that the Prime Minister and the government got off their high horse—because it's only a pony, anyway; it doesn't actually exist—and start understanding that, if you want proper governance in this country, you have to work with the people in this room. I am disappointed that Labor are going weak at the knees on this. I understand the argument, but it's disappointing. So thank goodness we have strong voices here in the Senate on the crossbench—the Independents and the Greens—standing for basic elements of accountability, because when you've got a prime minister who refuses to listen and who denies the truth and then pretends he does something totally different later on down the track, the only way you have any chance of holding this government to account is by making sure the crossbench has a long, strong and loud voice in this place. And that is why the Senate should be voting to insist on this amendment today.</para>
</speech>
<speech>
  <talker>
    <time.stamp>13:04</time.stamp>
    <name role="metadata">Senator LAMBIE</name>
    <name.id>250026</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I actually found what Senator Gallagher said about her small businesses quite offensive. Let me tell you what's going on in Canberra, because I believe that's your backyard, and let me tell you what's going on in Tasmania. Even though we aren't coming in and out of lockdown and all the rest, it's like a domino effect out there. If we're not getting those visitors and those business personnel down there, and if we're not getting others out there, guess what? It means nobody is renting rooms in our hotels or motels, nobody is drinking in the pubs and nobody is playing any music. All the retail shops and small businesses—all those small businesses—are feeling the pain right across this country.</para>
<para>Let me tell you something else that those small businesses want: transparency. They want to know why they're on their knees out there and big boys like Harvey are getting all the extra JobKeeper payments and all the rest. But you don't want transparency to show how much you've paid their shareholders. Think about that with your small businesses in Canberra, because that's what they are telling me. It's a whole domino effect here, and we're all feeling it, whether we're in Canberra or Tasmania. Just because we haven't gone into lockdown as many times—we've only done it once—it doesn't mean they are not feeling the pain, Senator Gallagher. They are feeling the pain. They're not getting business and they're also not getting any dividends. They want to know why some of your donors out there can't be honest and give that money back if they've made too much money. How do you think they're feeling? It is a right slap for them today. It's a right slap.</para>
<para>Please show some courage. If you think the little boys over here aren't going to bend over by end of play Thursday to get this through, you are kidding yourselves. You are supposed to be the opposition. God, you've been doing it for eight years! No wonder you're still there! Stand up to them, because I can tell you that they won't be giving in by Thursday afternoon. Goodness me! Here you are, both Liberal and Labor, with all these staff, yet it takes the Independents and the micros to come up through the lot of you and call you out. It takes one person to continually put in FOIs, when you've got all these staff in your own Labor Party. Call out what's national cabinet and what isn't. What is wrong with you people in the opposition? You are not getting the job done. Quite frankly, you do not deserve to win the next election at this rate, and no wonder why. Start acting like an opposition, because it's not just those repeatedly going into lockdown that are feeling the pain. It's a domino effect. It's everybody across this country—every small business.</para>
<para>Don't talk to me about small business. I am watching the west coast and one of those towns down there, where 70 per cent of their damn street is closed down. We're all feeling it. We all deserve transparency. Every small business deserves a bit of that money, not just the big boys giving it out to their shareholders. That's a slap in the face. At least have the courage to stand up against these animals over here. Have the courage to stand up and say: 'Let's be transparent about this. Let's see who's getting all the money and how much money they made.' Quite frankly, you are slapping the little person, and I thought Labor was better than that. You've definitely lost your way. You're going to be the bridesmaids. You have been for eight years, and that will continue, because you just don't have the courage to stand up to the little boys on the other side. It's shameful!</para>
<interjection>
  <talker>
    <name role="metadata">The TEMPORARY CHAIR</name>
    <name.id>217241</name.id>
  </talker>
  <para>The question is that the committee does not insist on its amendment to which the House of Representatives has disagreed.</para>
</interjection>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The committee divided. [13:13]<br />(The Temporary Chair—Senator McGrath)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>27</num.votes>
                <title>AYES</title>
                <names>
                  <name>Askew, W</name>
                  <name>Birmingham, SJ</name>
                  <name>Brockman, S (teller)</name>
                  <name>Canavan, MJ</name>
                  <name>Carr, KJ</name>
                  <name>Cash, MC</name>
                  <name>Chandler, C</name>
                  <name>Davey, P</name>
                  <name>Duniam, J</name>
                  <name>Gallagher, KR</name>
                  <name>Hughes, H</name>
                  <name>McGrath, J</name>
                  <name>McKenzie, B</name>
                  <name>O'Sullivan, MA</name>
                  <name>Paterson, J</name>
                  <name>Payne, MA</name>
                  <name>Rennick, G</name>
                  <name>Reynolds, L</name>
                  <name>Ruston, A</name>
                  <name>Scarr, P</name>
                  <name>Seselja, Z</name>
                  <name>Small, B</name>
                  <name>Smith, DA</name>
                  <name>Stoker, AJ</name>
                  <name>Urquhart, AE</name>
                  <name>Van, D</name>
                  <name>Watt, M</name>
                </names>
              </ayes>
              <noes>
                <num.votes>8</num.votes>
                <title>NOES</title>
                <names>
                  <name>Hanson-Young, SC</name>
                  <name>Lambie, J</name>
                  <name>McKim, NJ</name>
                  <name>Patrick, RL</name>
                  <name>Roberts, M</name>
                  <name>Siewert, R (teller)</name>
                  <name>Waters, LJ</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names />
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to.<br />Resolution reported; report adopted.</p>
              </body>
            </division.result>
          </division></subdebate.2></subdebate.1><subdebate.1><subdebateinfo>
          <title>Treasury Laws Amendment (2021 Measures No. 1) Bill 2021</title>
          <page.no>27</page.no>
        </subdebateinfo><subdebate.text>
          <body background="" style="" xmlns:w="http://schemas.openxmlformats.org/wordprocessingml/2006/main" xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:v="urn:schemas-microsoft-com:vml" xmlns:WX="http://schemas.microsoft.com/office/word/2003/auxHint" xmlns:aml="http://schemas.microsoft.com/aml/2001/core" xmlns:pic="http://schemas.openxmlformats.org/drawingml/2006/picture" xmlns:w10="urn:schemas-microsoft-com:office:word" xmlns:wp="http://schemas.openxmlformats.org/drawingml/2006/wordprocessingDrawing" xmlns:r="http://schemas.openxmlformats.org/officeDocument/2006/relationships">
            <a href="r6674" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Treasury Laws Amendment (2021 Measures No. 1) Bill 2021</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>Second Reading</title>
            <page.no>27</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>13:16</time.stamp>
    <name role="metadata">Senator GALLAGHER</name>
    <name.id>ING</name.id>
    <electorate>Australian Capital Territory</electorate>
  </talker>
  <para>The Treasury Laws Amendment (2021 Measures No. 1) Bill contains two measures, one that Labor will support and one that we strongly oppose. Schedule 1 of the bill allows companies to hold virtual annual general meetings and conduct a range of other governance activities using electronic means. This measure was originally put in place at the height of the pandemic last year. With millions of Australians currently in lockdown and the realisation that lockdowns are going to be around until we get vaccinations to a much higher level than currently, this measure is sensible and Labor will support it. The other measure in this bill is a completely different matter. Originally introduced, like the measure in schedule 1, at the height of the pandemic last year, what it does is permanently weaken the continuous disclosure laws.</para>
<para>Let's be clear about what the changes in schedule 2 are about. The continuous disclosure regime was put in place by the Howard government in 2001. It requires companies and directors to disclose publicly any information that was not generally available and that a reasonable person would expect to have a material effect on the price or value of a company's share price. If a company or company director failed to comply with these obligations, they could face a civil penalty action either by shareholders or by the corporate regulator, the Australian Securities and Investments Commission. However, a director was not liable for a civil penalty proceeding from breaching those obligations if he or she took all reasonable steps to ensure that the company complied with its disclosure obligations and, after taking those reasonable steps, believed that the company was complying with its obligations. As the Australian Shareholders Association put it, this regime meant that if there was any failure to keep the market informed, it was simple: 'Don't tell shareholders something material, and the company and its directors were liable.' This gave shareholders more power, because they generally lack 'insider or special interest knowledge'.</para>
<para>COVID has changed a lot of things. Unfortunately, one of the detrimental changes was a watering down of these continuous disclosure obligations. In May last year the Treasurer used—or, maybe more accurately, misused—emergency COVID-19 powers to temporarily weaken these rules. Note the contrast of the Treasurer using the emergency powers to do this but not using them to broaden JobKeeper to cover certain sectors that missed out. As a result of those temporary changes, shareholders who suffer a loss as a result of listed companies or company directors withholding information from them now have to prove that a company or company director had knowledge of, or was reckless or negligent in respect of, whether the information they did not disclose to shareholders would have had a material effect on the price or value of the company's shares. As the explanatory memorandum to the bill states:</para>
<quote><para class="block">Entities and officers will face reduced regulatory costs in complying with the continuous disclosure regime. This will be because they do not face the same level of financial risk where they allegedly fail to comply with the continuous disclosure rules, unless they do so with 'knowledge, recklessness or negligence'. This will reduce the amount of time entities and officers must spend on assurance that they have complied, as well as the legal fees associated with assuring compliance.</para></quote>
<para>In other words, the Treasurer's temporary changes make it easier for company directors to withhold important information from shareholders and harder for shareholders to take action against dodgy directors, and this bill would make that permanent.</para>
<para>This is a serious issue. The continuous disclosure regime protects shareholders, promotes market integrity and, by extension, makes it easier for Australian companies to raise capital. As ASIC has advised the Treasurer, the continuous disclosure regime is:</para>
<quote><para class="block">… a fundamental tenet of our markets and is particularly important during times of market uncertainty and volatility.</para></quote>
<para>It shouldn't be something that is messed around with or treated like an ideological plaything, but that's exactly what is happening here. It's a direct attack on the rights and interests of every shareholder in Australia. From mum-and-dad investors and self-funded retirees to large institutional investors, every single Australian shareholder should be concerned about these changes. Make no mistake: the government is choosing the interests of directors over the interests of shareholders in a company, and Labor won't stand for that.</para>
<para>We know the government backbenchers have been agitating for this change for some time, in some mistaken belief that there is somehow a whole bunch of invalid, vexatious claims being made via class actions. The phrase used is 'opportunistic class actions'. What are these so-called opportunistic or vexatious class actions? According to the large commercial law firm Allens, in 2019 there were 10 shareholder class actions filed in Australia. In 2018 there were about 20 shareholder class actions filed in Australia. In 2017 there were 15, and in 2016 there were fewer than five. These numbers are small, especially when you consider the many tens of thousands of cases that are filed in Australian courts each year. It couldn't be the number of class actions, and surely the government wouldn't be judging the quality of some of the class actions that have taken place under its watch. Surely it doesn't think that the property owners across Australia who got together to sue the government because the Department of Defence allegedly allowed PFAS to contaminate local environments are engaging in these types of class actions, or the victims of the Prime Minister's illegal robodebt scheme, who launched a class action to vindicate their rights, which led to a $1.8 billion settlement, in what Justice Bernard Murphy described as a 'massive failure'.</para>
<para>I'm sure those on the other side will say, 'This is supported by the business community, so why should'—</para>
<interjection>
  <talker>
    <name role="metadata">Senator Scarr</name>
    <name.id>282997</name.id>
  </talker>
  <para>Hear, hear!</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator GALLAGHER</name>
    <name.id>ING</name.id>
  </talker>
  <para>Exactly—a 'hear, hear!' from Senator Scarr, making my point. Big business, through the BCA, does support it, and the Australian Institute of Company Directors do as well—no surprises there. But we know that not all business organisations support it. A 2020 survey of 195 senior company executives, conducted by Mallesons, found that only 21.5 per cent thought the temporary changes should be made permanent. In other words, nearly 80 per cent thought the measure we're debating was a bad idea.</para>
<para>Another argument put forward is that the changes will result in a reduction in premiums paid for directors liability insurance, with the explanatory memorandum to the bill saying that would lead to 'significant savings on the cost of directors and officers insurance'. Evidence at the Senate inquiry into the bill suggested otherwise, with the Insurance Council of Australia saying that, in the industry's view, the statement about significant savings overstates the likely effect of this particular reform. No 'hear, hear!' there, Senator Scarr? Their submission goes on to say:</para>
<quote><para class="block">Industry's expectation is that on its own the proposed legislative change will:</para></quote>
<list>in the short to medium term at best stem the rate of increase in D&O premiums, but will quite likely have no discernible effect; and</list>
<list>in the medium to long term may lead to some reduction in D&O premiums, but quite likely will have no discernible effect.</list>
<para>While, admittedly, the Insurance Council does not say that the proposed changes are without merit, they do say that it's not the only thing that will change the premiums. Essentially, they blew a hole through one of the government's key arguments with that evidence.</para>
<para>The proposed changes in schedule 2 are lacking good evidence and broad support. That is why, when we get to the committee stage of the bill, we will be moving amendments to remove schedule 2 from the bill. I also move the second reading amendment that goes to the points that I've made about schedule 2 that has been circulated in my name:</para>
<quote><para class="block">At the end of the motion, add ", but the Senate:</para></quote>
<quote><para class="block">(a) notes that the Government's measures in Schedule 2 of the bill would strip shareholders of their rights to be adequately informed, damage Australia's corporate governance regime, and allow company directors to get away with failing to disclose important information; and</para></quote>
<quote><para class="block">(b) further notes these measures could damage Australian investment and hurt Australian investors and retirees".</para></quote>
<para>I note the government have moved some amendments to their own bill. We will have more to say about this in the committee stage, but I will flag now that putting in a review two years after these changes to the continuous disclosure obligations take effect will make no difference to what is happening here. Labor have been and will continue to be constructive through the pandemic and we will support good ideas when they are put forward, but we also won't stand by and let such a terrible idea as what is being proposed here with continuous disclosure obligations go through.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>13:24</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>This bill, the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021, contains the latest example of the government using a global pandemic as cover to wind back protections for consumers and workers for the benefit of big corporations and the superwealthy. They did it when they watered down workplace protections for casual workers earlier this year. They're trying to do it with the proposed repeal of responsible lending obligations and, with schedule 2 of this bill, the government are at it again. This time they're trying to water down the requirement for companies to continuously disclose information that is material to their valuation. It's a cynical ploy. If Australians want to understand why the government seem to find it so difficult to get on top of the pandemic then the likes of this bill help to explain why. Instead of a shoulders-to the-wheel effort to get the vaccine into peoples' arms, instead of properly managing our country's quarantine system to try and stop the virus coming in and spreading in the first place and instead of developing an off-the-shelf program of income support payments for the rolling series of lockdowns that government themselves predicted in the last budget, instead of doing those things which are absolutely critical to our management of the pandemic and to our economic recovery, the government have been focusing their efforts on using the pandemic as a cover to try to give their big corporate donors a bigger slice of the pie.</para>
<para>Markets are meant to work on the basis of equal access to information. I could barely credit that I have to give this lecture to the Liberal and National parties, but I do. Markets are meant to work on the basis of equal access to information. This is given effect in Australia by laws, amongst other things, requiring continuous disclosure of information that is material to the valuation of a company, good or bad.</para>
<para class="italic">Senator Scarr interjecting—</para>
<continue>
  <talker>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
  </talker>
  <para>I will take that interjection. A lot is changing. In theory, laws requiring continuous disclosure of information that's material to the valuation of a company creates a level playing field that benefits investors and businesses alike. I can barely credit having to give this lecture to the Liberal and National parties, but here we all are.</para>
<para>This is based on the principle, as I said, that markets work best when everyone has equal access to information. It's the kind of thing the Liberal Party was built on. That's how core this is to the Liberal and National parties. Free and fair markets are supposedly a foundational principle of the Liberal Party, and it's such a foundational principle of the Liberal Party this they've spent the best part of the last 40 years trying to convince themselves and the Australian people that markets are the answer to every problem.</para>
<para>Those of us in the Australian Greens understand that markets are not the answer to every problem. In fact, to go even further, we understand that markets have created many of the massive challenges that we are facing today, including the breakdown of our climate and including the destruction of biodiversity and nature. But, despite all their rhetoric, the Liberal and National parties have come in here today with a bill that is a direct assault on the integrity of the Australian equities market and the wealth of ordinary Australians, who depend on the fair and efficient functioning of that market. So keen is the government to cosy up to big finance and the forces of global capital that they are willing to sell out the mum and dad investors who bought in on John Howard's promise of Australia being 'The greatest shareholding democracy in the world.' How times have changed.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>217241</name.id>
  </talker>
  <para>Senator McKim, it being 1.30, the debate is interrupted. You will be in continuation. I shall now proceed to two-minute statements.</para>
</interjection>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>STATEMENTS</title>
        <page.no>30</page.no>
        <type>STATEMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Domestic and Family Violence</title>
          <page.no>30</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:30</time.stamp>
    <name role="metadata">Senator McALLISTER</name>
    <name.id>121628</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>At the end of July hundreds of family and domestic violence frontline workers, academics, policy experts and, most importantly, victim-survivors were due to meet in Canberra for a summit on women's safety. Unfortunately that summit has been delayed. It is another victim of the Morrison government's failure to prepare and plan for a possible next wave of the virus, and that's a shame because the government needs to listen to and meet with the brave, hardworking men and women who were due to speak at that summit.</para>
<para>In recent weeks my Labor colleagues and I have been meeting with those groups. We've been holding our own roundtables to listen to them. Their message to the government is very clear: it is time for a serious and comprehensive response to violence. We are done with attending vigils and thinking that that is enough. We are done with crisis responses for women in the throes of violence only to find that there is little economic or practical support once the immediate circumstances have passed. What is needed instead is a serious commitment to engage at every point in the cycle. The way the workers describe it is this: we need prevention, we need early intervention, we need responses and we need recovery. That is a model that is familiar to frontline emergency service workers. It's familiar to health workers. But it's not the model that is comprehensively in place to deal with violence against women and children, the violence in our families. It describes a service response that's comprehensive not patchy. It's what's desperately needed. The workers had a particular message for the Australian government: you have to take responsibility for fixing up your own backyard. Centrelink, the migration system, the welfare system, it's yours to— <inline font-style="italic">(Time expired)</inline></para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Agriculture Industry</title>
          <page.no>30</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:32</time.stamp>
    <name role="metadata">Senator BROCKMAN</name>
    <name.id>30484</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I grew up on a family farm in the south-west of Western Australia and so I know how much of life in rural and regional communities is shaped by the success of our food and agricultural sectors. The Morrison government has sought to proactively address challenges faced by this sector throughout the pandemic, measures such as the International Freight Adjustment Mechanism, which has worked outstandingly well. But there are still problems facing the agricultural sector and without doubt at the moment labour shortages remain the most significant challenge for our agricultural sectors.</para>
<para>It has been reported in the Western Australian media that the WA grains industry, for example, could face a loss of $300 million if labour shortages cannot be addressed before the harvest starts. I suspect that the ingenuity of the agricultural sector will ameliorate that number significantly, but that is why the Morrison government is putting in place a dedicated agricultural worker visa program across all parts of agricultural industries, including horticulture, but also meat processing, dairy, wool, grains, fisheries, aquaculture and forestry. We need a movement of labour into our country to address some of the serious skills challenges we face. In the grains sector we are talking about very skilled workers, from truck drivers to machinery operators, diesel mechanics and the like. These come from further afield than perhaps we think of when we think of migration coming for agricultural purposes—for example, from the USA and Canada.</para>
<para>We must always keep at the forefront of our minds that agriculture is an essential service. We need to feed ourselves. We need to help feed the world. We need to be good and reliable trading partners, particularly through this pandemic. <inline font-style="italic">(Time expired)</inline></para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>COVID-19: Arts and Entertainment Industry</title>
          <page.no>31</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:34</time.stamp>
    <name role="metadata">Senator HANSON-YOUNG</name>
    <name.id>I0U</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>As half the country was plunged back into lockdown over the weekend I was inundated with messages from artists and musicians from right across the country who are just devastated by another season of events and festivals, concerts and live performances that won't be able to go ahead anymore. The campaign Our Soundtrack Our Stories has been instigated by leading artist Jack River, backed by people like Jimmy Barnes, Cold Chisel, Midnight Oil, Vera Blue, Lime Cordiale and many more, as well as, of course, the industry's peak groups and leading organisations: APRA AMCOS, ARIA and so on and so forth. Thousands and thousands of Australian musicians and artists are crying out for more help, and what they're asking for is for Australian businesses and corporates to back Aussie music—to use it in their products, play the music in their businesses, back Australian artists in their advertising campaigns and do whatever they can to support this industry.</para>
<para>They're also asking for our Australian government to do more. The UK government late last week introduced a new insurance program for live events and music events, and we need something similar here too. I call on the Prime Minister and the arts minister to back Australian events, musicians and artists, and to reinstate a proper fund that can guarantee insurance, because our festivals, our concerts, our live events and the rest of our entertainment industry desperately need help. The insurance industry simply isn't there to help them, and, at a time like this, when there is a market failure, this is the moment for governments to step in and help out. Prime Minister, please help now.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Tokyo Olympic Games</title>
          <page.no>31</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:36</time.stamp>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I rise as Labor's shadow minister for sport to thank and congratulate Australia's Olympic team. The Tokyo Games will perhaps be remembered as the toughest ever, due to the challenges of COVID-19. Despite this, our Olympians have won 17 gold medals, equalling Australia's best haul, with an overall medal tally of 46—our third highest ever. I congratulate the 99 Australian athletes to bring home a medal, all 486 athletes to wear green and gold in Tokyo, and our support crew. Australia is extremely proud of you. You've entertained us, inspired us and brought us joy. You've brought us together in spirit when many of us cannot be face to face.</para>
<para>There are so many magic moments to celebrate on and in the water, including Emma McKeon becoming Australia's most successful Olympian; on the bikes; on the skateboards, surfboards and horses—with Keegan Palmer's skateboarding gold and Owen Wright's surfing bronze being Australia's first-ever Olympic medals in those sports; on the basketball, beach volleyball and tennis courts—another first, with our Boomers earning Australia's first Olympic medal in men's basketball; in the track and field, where Ashley Moloney won our first Olympic decathlon medal; and, of course, on the hockey pitch. And inspiring moments beyond the podium were many, from Peter Bol's magnificent 800-metres runs to Cedric Dubler's selfless spurring on of Ashley Moloney to decathlon bronze. I now look forward to the Paralympics, where our Australian team, I'm sure, will again do Australia proud, and to Brisbane 2032, an exciting opportunity for all Australian sports and the nation.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Water</title>
          <page.no>31</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:38</time.stamp>
    <name role="metadata">Senator ROBERTS</name>
    <name.id>266524</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>The humble veggie garden is about to become an unlikely place in the battle for freedom. Vegetable gardens are more than fresh vegetables, exercise, effort and reward. When we Australians tend our veggie garden, we're enjoying a freedom—a freedom about to be taken from us.</para>
<para>In the globalist world that the Greens, Labor, Liberals and Nationals promote, there's no place for veggie gardens. There's no family block of land in their policies. There is no landownership. Housing for everyday Australians will officially be a small box in a block of tiny units, as I've discussed before. Anyone who gets enjoyment from gardening will be herded into community gardens, allocated 10 square metres, allowed just 20 litres of water a week and told to 'have at it'. Anything a person grows will get shared with others in the garden, if it's not stolen. That's a metaphor for our Marxist future. Balcony gardens will be impossible to maintain. According to federal government planning measures, from 2030 onwards, each Australian will be allowed just 120 litres of water a day, barely enough to cook, clean, bathe and drink. The joy of getting our hands into good, clean dirt will be a memory. Immune system reinforcement from sunshine and exercise: denied. Australians will be forced to buy commercial produce from supermarkets who send significant dividends to foreign banks. Corporations win; Australians lose. That's why the Lib-Lab duopoly has not built any new dams. Creating water scarcity is a powerful control to dictate limits on each of us, to control where you live and how you live.</para>
<para>This government, the party of Menzies, supposedly the party of individual freedom and enterprise, no longer accepts the concept of freedom of choice. One Nation believe it's not up to Big Brother to control citizens; we believe it's up to citizens to make decisions for themselves. Our democracy is from the ground up, literally. We will not be divided and herded. We have one flag; we are one community; we are one nation.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>COVID-19: Income Support Payments</title>
          <page.no>32</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:40</time.stamp>
    <name role="metadata">Senator VAN</name>
    <name.id>283601</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I rise today to give voice to and support my fellow Victorians, who find themselves today in their sixth lockdown in over six months of lockdowns since the pandemic started. They are doing it tough, both those locked down and the businesses that they're locked out of. My neighbours sent me a photo of a business around the corner from my home that has permanently closed its doors. This is just intolerable for businesses. The Victorian government has, admittedly, put out some money. We're seeing $6 billion over the course of the pandemic, whereas the Commonwealth government has spent over $45 billion supporting Victorians. Last Friday, the Commonwealth and state governments announced that they were providing packages of $2,800 under the state's determined support package and that a further $5,000 to $20,000 would be made available to nearly 9,000 hospitality businesses.</para>
<para>This is in stark contrast to the way that the New South Wales government designed their support package, which the Commonwealth government, the Morrison government, is also supporting. It is equivalent to 40 per cent of the weekly payroll, with a minimum payment of $1,500 per week and a maximum payment of $100,000 per week. So I call on the Victorian state government to look at their packages, to lend more support to businesses like Stables Provedore, which has closed, and the many thousands of others. I will give them a bouquet, though, for today supporting and distributing the AstraZeneca vaccine through their state-run campaigns. It's finally good to see a Labor government supporting the AstraZeneca vaccine. Thank you.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Gambling</title>
          <page.no>32</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:42</time.stamp>
    <name role="metadata">Senator GRIFF</name>
    <name.id>76760</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>The royal commission into Melbourne's Crown casino heard damning evidence about Crown engaging in unlawful and criminal activities. The most serious claim is that the operator allowed the casino to be used for money laundering and that the Victorian regulator failed to prevent it from occurring. But Victoria is not the only state to be investigating Crown or where the state regulator has failed. Crown is also accused of allowing money laundering in its Sydney and Perth casinos. In both states the regulator either failed or was complicit. An inquiry in New South Wales has recommended that a new, more powerful regulator be established, and in Western Australia it was revealed a senior regulator had personal and financial links to a casino executive—links that meant the regulator was hopelessly compromised.</para>
<para>We have a social contract with casino operators. They are allowed to operate and generate profits. In exchange, the community receives tax revenue and the operator submits itself to regulations that protect the community. As three Crown inquiries have shown, casino operators will always seek to subvert and corrupt regulators, which means they are failing to comply with their social contract. It is time for government to act. One option is for the Commonwealth to assume responsibility for gaming regulation—a national regulator that is independent, effective and has the power to monitor, investigate and prosecute. The other option is that we accept casino operators can never act responsibly and permanently terminate their licences. I know which would be the most effective, but does this government have the guts to do the right thing?</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>COVID-19: Manufacturing</title>
          <page.no>32</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:44</time.stamp>
    <name role="metadata">Senator PRATT</name>
    <name.id>I0T</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>The COVID pandemic has revealed many things about our nation, but central and very important is that Australia can and should be a nation that makes things, from vaccines to medicines, from value-adding to our mineral exports to PPE, batteries and so many more things that are embedded in the things that our nation has the capacity to make. But, after nearly a decade of this government, the National-Liberal government has ripped apart our manufacturing sector and tanked the complexity of our exports. Australia is the eighth-richest economy per capita in the world, but we rank a very low 86th for export complexity. This is an unsustainable economic position that won't last. Under this government's watch, the deindustrialisation of Australia's regions and suburbs has had devastating social and economic consequences, squandering growth and hollowing out Australia's economic capability. We desperately need to rethink how our economy is structured, and manufacturing should sit at the heart of that discussion.</para>
<para>Labor has a commitment to rebuilding, modernising and diversifying Australian manufacturing, and it should sit at the heart of our national development. We need to ensure our supplies of vital goods like food, medicines, water, communications, energy and PPE and that, in a national crisis, we can do this for ourselves. We also need to change what we make to suit a changing world.</para>
<para>Labor in government will support the transition to modernising for cleaner forms of energy and for affordable and reliable energy for all Australians. This means things like wind turbines, batteries and solar panels, not sending those skills overseas.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Burnside, Mr Julian William Kennedy, AO, QC</title>
          <page.no>33</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:46</time.stamp>
    <name role="metadata">Senator HENDERSON</name>
    <name.id>ZN4</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I rise to condemn in the strongest possible terms the decision of the WA Bar Association to defend the right of Victorian barrister and former Greens candidate Julian Burnside to make anti-Semitic comments on the grounds of free speech. The position adopted by Bar Association President Martin Cuerden, a senior counsel in Perth, is both shocking and appalling.</para>
<para>Anti-Semitism is racist hate speech at its very worst. It comes in many guises, from calling for Jews to be killed through to comparing contemporary Israeli policy to the horrific enslavement and genocide committed by the Nazis. In his letter to me, Mr Cuerden admonished me for my decision to call out Mr Burnside's indefensible and offensive tweet which compared Israel's treatment of the Palestinians with the German treatment of the Jews during the Holocaust.</para>
<para>The rules which govern barristers, enforceable under the law, provide that they must not engage in conduct which is likely to diminish public confidence in the legal profession or to bring the legal profession into disrepute. It's for this reason that I wrote to the Victorian Bar Council requesting that Mr Burnside's conduct be investigated and referred to the Legal Services Commissioner. I'm pleased Mr Burnside has deleted his tweet and apologised, but, in raising my concerns, lodging my complaint and speaking out against any form of anti-Semitism, I was exercising and continue to exercise my free speech. It is abhorrent that the WA Bar Association did not seek to condemn anti-Semitism or the conduct of Mr Burnside. It did not recognise my free speech. Well, I say to the WA Bar and all those barristers who agree with their president: shame on you. This president is not fit to continue as president. And I will not be intimidated. I will continue to stand up every single day for what is right and just and to call out anti-Semitism for the ugliness that it is.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>National Cabinet</title>
          <page.no>33</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:48</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Last week, Federal Court Justice White ruled that the national cabinet is not a committee of the federal cabinet and is not protected by cabinet in confidence. The judgement was scathing of the Commonwealth. The decision will allow the Senate select committee on the government's COVID-19 response to insist on the handing over of all documents that ministers and bureaucrats have refused to hand over on the basis of cabinet confidentiality.</para>
<para>But the question is: how did we get into this position? Responsibility does not just rest with the Prime Minister. The then Attorney-General, Christian Porter, is also responsible. How did Mr Porter get this so wrong? How was this unlawful construct initiated and then operated?</para>
<para>Ironically, it isn't the first time that Mr Porter has put politics before the role of first law officer for the Commonwealth. A couple of years ago, he censored an Auditor-General's report being tabled in the parliament. I also had to go to the AAT to get that incompetent decision overturned. I remind the chamber of three other decisions where he's demonstrated poor judgement: allowing the DPP to prosecute Bernard Collaery and Witness K for revealing an abhorrent operation conducted by ASIS against East Timor; David McBride, who blew the whistle on some of the most appalling conduct of some of our soldiers in Afghanistan; and, of course, Richard Boyle, a hero who blew the whistle on abuse of power in the tax office.</para>
<para>The new Attorney-General must not play the politics that Christian Porter did. The A-G's office should be above that. A good start would be to review these prosecutions. As for the foreshadowed prospect of an appeal—and I'm glad the Assistant Minister to the Attorney-General is sitting here—it would be improper to initiate an appeal on this.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Australian Content Broadcasting</title>
          <page.no>33</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:50</time.stamp>
    <name role="metadata">Senator BILYK</name>
    <name.id>HZB</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] Australian stories told through feature films, documentaries and television series are a way of preserving and promoting Australia's culture, identity and history. From <inline font-style="italic">Underbelly</inline> to <inline font-style="italic">Rosehaven</inline> to <inline font-style="italic">Bluey</inline>, Australia produces some fantastic screen content. As well as being a means of cultural expression, Australian productions contribute to our local economy and provide work for local producers, directors, writers, film crews and many others in the screen industry.</para>
<para>As the government's media reform green paper points out, Australia's broadcast market is small, and local content is financially risky to produce. If we cannot rely on big media companies to serve the Australian market over their own commercial interests, then we need to compel them. But, instead of strengthening local content rules, the Morrison government has conducted an all-out assault against them.</para>
<para>The Minister for Communications, Urban Infrastructure, Cities and the Arts was recently criticised by the government's own senators for trying to cut in half the Australian content expenditure requirement for subscription TV services like Foxtel. Last year, the minister temporarily suspended local content rules for free-to-air broadcasters while the screen industry was struggling for survival through the pandemic. The subquotas for drama, documentary and children's content were reintroduced this year, but they're so watered-down that they're ineffective.</para>
<para>The government's savage cuts to the ABC over eight long years have also impacted on Australian screen production. While France, Germany, Canada and the EU are leading the charge on local content obligations for streaming services like Netflix, the Morrison government has promised action but, once again, failed to deliver. Because of the Morrison government's persistent attacks on local content rules, tens of thousands of jobs already threatened by the pandemic are at risk. Australia's film industry deserves better than this.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>COVID-19: Vaccination</title>
          <page.no>34</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:52</time.stamp>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>The delta variant is changing the way we think about COVID and children. It's transmitting to children more easily and making them sicker. As we've seen in Queensland and New South Wales, schools are a perfect vehicle for the transmission of the delta variant. The risk profile of schools has changed, and it's critical that the government keeps up.</para>
<para>Vaccination is an essential tool to protect young people from COVID. There are around five million children in Australia under the age of 16 who aren't eligible to be vaccinated, aside from a few groups that have been prioritised by ATAGI. Unfortunately, the government has fallen short by only including people aged 16 and above in its vaccination targets. Vaccinating 70 per cent of people aged 16 and over actually equates to a mere 56 per cent of the whole population. This will leave our kids vulnerable to COVID outbreaks.</para>
<para>Australian experts and Dr Anthony Fauci are urging us to start vaccinating children to protect them from catching and transmitting the virus. There are a considerable number of young people in the US and the UK who are infected and seriously ill from COVID. We must do everything we can to ensure our kids, teenagers and young people are protected from COVID at all costs.</para>
<para>I simply cannot understand why the government doesn't get the fact that we need to protect our children. If we do not include the whole population in our target, we will not reach a point where we have 80 per cent of the whole population vaccinated. That is critical. If we open up too soon there will be a vast increase in the number of people who are affected by COVID and our population will suffer increased deaths. We need to include children in our vaccination numbers and make sure that they have access to vaccines.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Brisbane Olympic Games: Netball</title>
          <page.no>34</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:54</time.stamp>
    <name role="metadata">Senator DAVEY</name>
    <name.id>281697</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>What an Olympics we've just seen, with some very interesting new sports: rock climbing, or sport climbing; three-on-three basketball; skateboarding—congratulations to Keegan Palmer; and surfing—congratulations to Owen Wright. But, as Chris Kenny asked last week on Sky, where is the netball? I agreed, and I also disclosed my role as a netball mum. Netball has been played at the Commonwealth Games since 1998. The INF Netball World Cup has been played every four years since 1963, and it now includes over 40 nations. In fact, netball is played by 20 million people in over 80 countries around the world. Far from being a girls' game, netball is now enjoyed by men and women alike. It can be played in mixed competition as well as social and competitive competitions. Domestically, 1.2 million Australians, of all ages, play netball. Our junior netball players dream of playing at the highest levels of the sport. And why shouldn't they dream of not just Commonwealth glory and world cup glory? Why can't they strive for Olympic glory?</para>
<para>Today I absolutely applaud Netball Australia in their move to lobby for netball to be included at the Brisbane 2032 Olympic Games. Netball Australia will work with the support of World Netball to see this fantastic sport—this exciting sport that is getting an increasing audience around the world—played at the highest level, under the five rings. I commend netball for the Olympic Games.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>COVID-19: Morrison Government</title>
          <page.no>34</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:56</time.stamp>
    <name role="metadata">Senator GREEN</name>
    <name.id>259819</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>[by video link]. Very disappointingly, I'm joining the Senate today from Cairns, which is in lockdown. We started a three-day lockdown yesterday at four o'clock. Although the community are doing everything they've been asked to do—they're out there getting tested, they're checking contact-tracing lists and they're staying home if they don't need to leave—they are also very angry. They're angry at the Morrison government because they know that they have been let down by this Prime Minister, who had two jobs: to vaccinate Australians and to quarantine effectively. Only 21 per cent of people in Cairns are vaccinated, and that is why we are headed into this lockdown. We also know that, in the surrounding Torres Strait and Cape region, where our vulnerable communities are, some of those communities haven't even been able to get a first dose of vaccine yet. No-one has been vaccinated in some of our most vulnerable communities around Cairns. Only 16 per cent of that region has been fully vaccinated.</para>
<para>When it comes to support for businesses and for workers, the Morrison government is completely missing. There is no support on the ground here in Cairns from the Morrison government. The tourism industry estimates that we are losing $10 million a day from this lockdown, but it was calling for support long before this three-day lockdown. People in Cairns are not yet eligible for disaster payments, so there isn't a cent from the Morrison government going into this community.</para>
<para>Far North Queensland has set a test for the Morrison government, and those opposite have catastrophically failed. The test is how long it takes for the Morrison government to vaccinate enough Australians to prevent lockdowns and to open the international border. That is incredibly important for a town like Cairns. This community needs support until that happens. The government is failing every test. <inline font-style="italic">(Time expired)</inline></para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Western Australia: Greek Community</title>
          <page.no>35</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>13:58</time.stamp>
    <name role="metadata">Senator DEAN SMITH</name>
    <name.id>241710</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>In the few moments that are available to me, I want to stand here with my other Western Australian colleagues, Senator Cash, Senator Brockman, Senator O'Sullivan and Senator Reynolds, and congratulate the Western Australian Greek community on the memorial service that was held yesterday for WA Greek settlers. The Greek community has been a cornerstone of Australia and of Western Australia's history. From early colonial settlers to those that came after the devastation of the Second World War, Greek Australians have helped rebuild our state and served in Australia's armed forces during times of crisis, and they have set themselves apart as business and community leaders. While the legacy of the Greeks who contributed to WA's history is well known and lives on in the thriving present-day Hellenic community, it is important to recognise those who were reposed between 1891 and 1914. In the words of a famous historian, Dr John Yiannakis, who was a Medal of the Order of Australia recipient, between 1891 and 1914 over two dozen Greeks, mostly males, perished in WA. <inline font-style="italic">(Time expired)</inline></para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>QUESTIONS WITHOUT NOTICE</title>
        <page.no>35</page.no>
        <type>QUESTIONS WITHOUT NOTICE</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>COVID-19</title>
          <page.no>35</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:00</time.stamp>
    <name role="metadata">Senator CHISHOLM</name>
    <name.id>39801</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>My question is to the Minister representing the Minister for Health and Aged Care, Senator Colbeck. When the parliament met in June the Prime Minister arrogantly boasted, 'There is not one person who is in an ICU in an Australian hospital as a result of falling victim to COVID.' How many Australians are in an ICU due to COVID today?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:00</time.stamp>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] I'm just looking for this morning's details. Mr President, I'll have to take that question on notice. I do not have in front of me the specific details of today's epi figures.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Chisholm, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:01</time.stamp>
    <name role="metadata">Senator CHISHOLM</name>
    <name.id>39801</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>In June the Minister for Health and Aged Care told the parliament that no-one catching COVID and dying in Australia in 2021 is 'one of Australia's great public health achievements'. How many Australians have tragically died as a result of COVID-19 in Australia this year?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:02</time.stamp>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] On the numbers I have, in Australia we have had 936 deaths in total from COVID across the entire pandemic.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong, on a point of order?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>It's on direct relevance. The question wasn't that; the question was this year.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>You've reminded the minister of the question. He has been speaking for 19 seconds. Senator Colbeck, have you concluded your answer?</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
  </talker>
  <para>As at the beginning of this year there had been 910 deaths, so that means that so far this year there have been 26 deaths.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Chisholm, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:03</time.stamp>
    <name role="metadata">Senator CHISHOLM</name>
    <name.id>39801</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>Does Mr Morrison take responsibility for the hospital admissions and tragic deaths that could have been avoided if he had established a national quarantine system and fixed his bungled vaccine rollout?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:03</time.stamp>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] The quarantine system in this country operates by agreement through national cabinet by the states, so every time the Labor Party criticise the national quarantine system they are, in fact, criticising their state colleagues, who under the national health agreement have agreed to conduct and manage hotel quarantine across the country. We continue, as I've said on a number of occasions, to build the number of points available for Australians to access the vaccine. We continue to do that. We continue to build the number of vaccines available to Australians. As at today, well in excess of 13 million vaccines have been administered to Australians across the country. <inline font-style="italic">(Time expired)</inline></para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Tokyo Olympic and Paralympic Games, Brisbane Olympic and Paralympic Games</title>
          <page.no>36</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:04</time.stamp>
    <name role="metadata">Senator McGRATH</name>
    <name.id>217241</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>My question is to the Minister for Sport, Senator Colbeck. Can the minister advise the Senate on the performance of Australia's Olympic team at the recently completed Tokyo Olympics?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:04</time.stamp>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] I thank Senator McGrath for his question. On behalf of all Australians, I extend my congratulations to our 486-strong Olympic team for their outstanding success and achievements over the last 16 days in Tokyo. They have allowed us to cheer on from the sidelines, had us on the edge of our seats and united us as a nation at a time when we have never needed it more.</para>
<para>Australian athletes are responsible for an all-time equal record haul of 17 gold medals, seven silver medals and 22 bronze medals. I pay tribute to all of our athletes and also recognise the absolutely enormous efforts of their coaches, support staff, families and friends who assisted them to get to Tokyo. I also pay tribute to the people of Tokyo and Japan, the Japanese government and TOCOG for organising the games. I pay tribute to the people of Tokyo and Japan for keeping their commitment to the athletes of the world to host what has been without question one of the most extraordinary games ever held.</para>
<para>Hosting the games is now something that Australians can look forward to, with the successful bid in the last couple of weeks for South-East Queensland in 2032. Now we all keenly await the Tokyo Paralympic Games, which begin on 24 August. I know our Paralympics team is equally well-prepared for those games.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator McGrath, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:06</time.stamp>
    <name role="metadata">Senator McGRATH</name>
    <name.id>217241</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>What is the significance of Queensland and Australia securing the 2032 Olympics and Paralympics?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:06</time.stamp>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] I'm truly proud to say that Australia will host the Olympics for the third time and the Paralympics for the second time, after Brisbane and South-East Queensland secured the 2032 games on 21 July following that historic vote by IOC members in Tokyo. The 2032 bid delegation represented all levels of government. The Premier of Queensland, the Lord Mayor of Brisbane and I provided the final presentation to the IOC membership, along with the Prime Minister, who participated virtually.</para>
<para>It is a fantastic vote of confidence in South-East Queensland and Australia by the IOC and world sport. We have a track record of hosting highly successful major international sporting events, and that record was critical in the bid for 2032. We know what the impact was for Sydney and for Melbourne, and we look forward to the opportunities for Brisbane and Queensland.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator McGrath, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:07</time.stamp>
    <name role="metadata">Senator McGRATH</name>
    <name.id>217241</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>What benefits will hosting the 2032 games provide to Queensland and to our nation?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:08</time.stamp>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] I'm very proud that the Morrison government backed this bid every single step of the way. We did so because we understood that the social and economic benefits for Queensland and the nation are substantial. An assessment by KPMG shows that the 2032 games will deliver a total benefit of $8.1 billion for Queensland and $17.6 billion for the rest of Australia. The considerable focus on sport will help us drive increased levels of participation in sport, improved health outcomes for our population and significant jobs across not only Queensland but also the rest of Australia as we build the infrastructure required to support the hosting of the games in 2032.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>COVID-19: Vaccination</title>
          <page.no>36</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:09</time.stamp>
    <name role="metadata">Senator GALLAGHER</name>
    <name.id>ING</name.id>
    <electorate>Australian Capital Territory</electorate>
  </talker>
  <para>My question is for the Minister representing the Minister for Health and Aged Care, Senator Colbeck. Mr Dutton has said, 'Anything to incentivise people to get vaccinated I'm in favour of.' Is Mr Dutton right?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:09</time.stamp>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] The government has indicated that it will consider targeted incentives at the appropriate time to encourage Australians to get vaccinated. But, at the current point in time, we have, as we can see in all states, strong demand by Australians to access a vaccine. We have state premiers who are asking for additional vaccine supplies. Mr Dutton is right: at the appropriate time, the government will consider targeted incentives to targeted groups in support of vaccination.</para>
<para>What we won't do is take the reckless across-the-board, more bubble than thought approach that was proposed by Mr Albanese last week. We will take, as we've done all the way through the development and the rollout of the vaccination process, appropriate measures to, at the appropriate time, encourage Australians to take up a vaccine. That's been indicated by the head of our COVID-19 vaccination task force and it's been indicated by a number of my colleagues. So we will continue to take a considered approach to this, not some reckless spend-billions-of-dollars exercise to encourage people who have already been vaccinated to take up a vaccine. Why would we do that? Why would the government spend taxpayers' money where people have already taken up the vaccine? We will continue to operate our rollout on a considered basis.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Gallagher, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:11</time.stamp>
    <name role="metadata">Senator GALLAGHER</name>
    <name.id>ING</name.id>
    <electorate>Australian Capital Territory</electorate>
  </talker>
  <para>Yes, I do have a supplementary question. When asked why he would not consider cash incentives, Mr Morrison has said, 'It's not a game show and I'm not going to pay them off.' Can the minister confirm that Mr Morrison approached gambling giant Tabcorp in July about the possibility of incentivising the national vaccination rollout with a lottery?</para>
<para>Opposition senators interjecting—</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order! I'm going to remind senators that, when people are participating remotely, we need additional, extra, compliance with the standing order requiring silence so that I can hear the answer.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:11</time.stamp>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] No, I can't confirm that.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Gallagher, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:12</time.stamp>
    <name role="metadata">Senator GALLAGHER</name>
    <name.id>ING</name.id>
    <electorate>Australian Capital Territory</electorate>
  </talker>
  <para>Not in the loop on the vaccination rollout; okay! Has the Morrison government now completely ruled out the use of financial incentives to incentivise the vaccine rollout?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:12</time.stamp>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] I thank the senator for her question. What we have ruled out are irresponsible measures, such as the one proposed by Mr Albanese. We've said that we will consider appropriately targeted measures in support of the vaccine rollout at appropriate times during the vaccine rollout. So we will continue, as I have said, to responsibly engage with the Australian people to provide them with the opportunity to take up a vaccine and to ensure that they all have that opportunity by the end of this calendar year. We are on target to do that, as we've said on a number of occasions. And we will, at the appropriate time, consider targeted measures in support of the vaccine rollout.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Closing the Gap</title>
          <page.no>37</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:13</time.stamp>
    <name role="metadata">Senator BROCKMAN</name>
    <name.id>30484</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>My question is to the Minister for Families and Social Services, Senator Ruston. Can the minister advise the Senate of the social services measures the Liberal and National government is implementing to support closing the gap?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:13</time.stamp>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I thank Senator Brockman for his question on this really, really important issue for all Australians. The release last week of the first implementation plan was a really important milestone towards closing the gap measures and targets as set out by the National Agreement on Closing the Gap. The plan highlights the real and practical actions that need to be taken across all governments, including, most importantly, across the social services portfolio area.</para>
<para>The social services package is a $98 million package across four particular initiatives that will have direct, positive and meaningful impacts on Aboriginal and Torres Strait Islander people. One of these measures is $49 million to support states and territories to review and redesign frontline services. The initiative brings together a range of professionals across a wide, wide cross-section of the community—workers such as social workers, mental health workers, medical professionals, drug and alcohol specialists, domestic violence support services, legal services, financial counsellors, child protection workers, disability support providers, teachers, childcare providers and police—to make sure that the support they're providing these families is integrated as best as it possibly can be. The social services package also includes $38.6 million towards the Outcomes and Evidence Fund to encourage incentive based and evidence based service delivery and deliver tangible and improved outcomes to support child and family safety.</para>
<para>The new Closing the Gap outcomes and targets together with the implementation plan support embedded cultural competency and trauma responsiveness training in the Indigenous and the non-Indigenous support sector. These new measures go to the heart of the new model of working together under the National Agreement on Closing the Gap and ensure that we work towards targets of accountability and genuine partnership.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Brockman, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:16</time.stamp>
    <name role="metadata">Senator BROCKMAN</name>
    <name.id>30484</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Thank you, Minister, for that answer. How is the government working with Aboriginal community controlled organisations to address the Closing the Gap targets in out-of-home care and family violence?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:16</time.stamp>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>The only way that we are going to close these gaps and make a difference is if we work together. That's why we are investing $3.2 million over the next two years to assess the needs, and increase the involvement, of Aboriginal community controlled organisations in the child and family support sector. By ensuring that these organisations play a central role in service provision, we'll improve cultural competency and make sure that it is embedded in all of our child and family services. Through the Outcomes and Evidence Fund, we will also be providing support proposals that have been identified by Aboriginal community controlled organisations that address the targets of both out-of-home care and family violence. This will involve a co-designed process between these organisations and the government. Not only will that improve support available for Aboriginal and Torres Strait Islander people but it demonstrates an absolute commitment to working together to solve this problem.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Brockman, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:17</time.stamp>
    <name role="metadata">Senator BROCKMAN</name>
    <name.id>30484</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>How is the government working with states and territories to improve the support available for families with complex needs?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:17</time.stamp>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>All governments share a responsibility in achieving the Closing the Gap outcomes and improving outcomes for Aboriginal and Torres Strait Islander families. That's why we, as a federal government, are investing $29 million to support states and territories to redesign their frontline services to address these two very important targets of out-of-home care and family violence. The redesigned service models will improve how practitioners work together to plan support for families, particularly those families that are at higher risk of interaction with state and territory child protection services. The focus here is on early intervention and ensuring that the right support is there for families in an integrated way. We also will be investing $7.7 million over the next three years to develop cultural competency and trauma responsiveness of both the Indigenous and non-Indigenous child and family workforce. These measures will ensure that Aboriginal and Torres Strait Islander families with complex needs have access to services.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Climate Change</title>
          <page.no>38</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:18</time.stamp>
    <name role="metadata">Senator WATERS</name>
    <name.id>192970</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>My question is to the Leader of the Government in the Senate, representing the Prime Minister. In a few hours, the premier global body on climate science, the IPCC, will warn us that, unless there are immediate, rapid and large-scale reductions in pollution from coal, oil and gas, limiting warming to even two degrees will be beyond reach and that we will reach dangerous climate tipping points this decade. Will the Morrison government accept the findings of the IPCC and change Australia's disastrous climate policy settings?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:19</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I thank Senator Waters for her question. It is correct, as I understand it, that, overnight Australian time, or thereabouts, the Intergovernmental Panel on Climate Change will release its <inline font-style="italic">Sixth assessment report</inline>, which will provide an update on the latest physical science on climate change, including rates, causes and likely future trajectories in relation to climate change. The report, I understand, will be released at 6 pm Australian time.</para>
<para>Australian scientists, as part of Commonwealth contributions, have made significant contributions to the science underpinning the report. Our government looks forward to receiving that report, to its public release and to its informing future deliberations, particularly those that will take place at the Glasgow Conference of the Parties later this year. The government of course continues to work on the pursuit of climate action that is effective and targeted, particularly targeted on developing the technologies that have enabled Australia to meet and exceed our Kyoto targets—our Kyoto 1 target, our Kyoto 2 target—and to put us on track to meet our Paris targets as well.</para>
<para>Investing in those technologies has enabled us to not see a tax based approach but to see a technology based approach which has Australia as a world-leading nation when it comes to the adoption of renewable technologies and has Australia as a world-leading nation when it comes to a track record of making commitments—and not just making those commitments but seeing them through. Seeing them through and delivering upon them is what is particularly important in that regard. That's what we're doing in relation to Paris, and that's what we will do in relation to all future commitments as well.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Waters, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:21</time.stamp>
    <name role="metadata">Senator WATERS</name>
    <name.id>192970</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>Will your government follow the science and at least double Australia's 2030 targets so that they are at levels aligned with the rest of the developed world? Or will you keep Australia on track for four degrees of warming and all the devastation that comes with that?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:21</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>The Australian Greens do like to, as always, talk down Australia, and they do that in terms of the targets that we commit to as a nation as well. The simple fact is that achieving our 2030 targets will see emissions per capita in Australia fall by almost half if we achieve those 2030 targets, as we are on track to do. Emissions per unit of GDP would fall by almost two-thirds under our commitment scenario.</para>
<para>Our commitments are significant, and they're significant as well because of our history of emissions reduction and of meeting those targets. Our emissions have fallen by 20 per cent since 2005. We beat our Kyoto-era targets by 459 million tonnes. Between 2005 and 2019 Australia reduced emissions faster than many other nations and will continue to do that through the technology based approach. <inline font-style="italic">(Time expired)</inline></para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Waters, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:22</time.stamp>
    <name role="metadata">Senator WATERS</name>
    <name.id>192970</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>How much in donations from the coal, oil and gas sector will the Liberal and National parties expect to be able to receive by the end of the decade if the Morrison government continues to refuse to lift its 2030 targets and to put the safety and prosperity of all Australians in peril?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:23</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>There comes the political question from the Greens, who try to present sincerity on these topics but then of course can't help but make them politicised agendas of the Greens. Political donations are published. They're there on the public record for all to see, and of course the hypocrisy that comes from the Greens in relation to their historical track record on political donations—happily accepting big donations themselves and so on—is equally there on the public record for all to see. So, we're not going to simply take that hypocrisy from the Greens. I'm going to take equally their attacks on the jobs of many Australians in their targeting of different industries and different sectors. What we're investing in are the stretch targets in different industry sectors that will enable Australia to transition in ways that protect Australian jobs, that get emissions down and that also protect the jobs of hardworking Australians across this country and generate new jobs for them in the future. <inline font-style="italic">(Time expired)</inline></para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Commuter Car Parks</title>
          <page.no>39</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:24</time.stamp>
    <name role="metadata">Senator McCARTHY</name>
    <name.id>122087</name.id>
    <electorate>Northern Territory</electorate>
  </talker>
  <para>[by video link] My question is to the Minister representing the Prime Minister, Senator Birmingham. Does Mr Morrison agree with Mr Fletcher when he asserts that decisions made in relation to the commuter car park program were made on the basis of departmental advice?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:24</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Mr President, I'm sure that the Prime Minister agrees with the statements made by Minister Fletcher. I'm not aware of the full context or direct quote that the senator's referring to, but I know that the Prime Minister has full confidence in relation to Minister Fletcher, his work and his statements. These projects that we committed to are all about providing additional support and assistance to Australians in terms of going about their daily lives. It's about making sure that infrastructure is there that people want. For example, I think it's important to look at what defines some of these projects. To quote:</para>
<quote><para class="block">Public transport isn't just about the train line or bus route itself. It's also about the surrounding infrastructure that makes it work for local residents.</para></quote>
<para>That's why we are committing to upgrading public parking facilities at Mango Hill station and at transport hubs across the country.</para>
<para class="italic">Senator Watt interjecting—</para>
<continue>
  <talker>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
  </talker>
  <para>I hear Senator Watt say that it's a marginal seat. Well, that quote was from the member for Grayndler. The member for Grayndler was actually making that quote when he was committing to provide funding for a commuter car park as part of the Labor Party's Commuter Car Park Program. So, those opposite spelt out the arguments as to why these are worthwhile projects; indeed, those opposite spelt out the fact that, under their model, the member for Grayndler and others were happy to wander around the country making commitments for these projects, So, yes, we are committed to deliver projects that are beneficial to people across Australia and our commitment is to get on with the delivery of those projects, as we have been doing, for the benefit of people across Australia.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator McCarthy, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:26</time.stamp>
    <name role="metadata">Senator McCARTHY</name>
    <name.id>122087</name.id>
    <electorate>Northern Territory</electorate>
  </talker>
  <para>[by video link] Yes. Did the Prime Minister or his office see the top 20 marginal seats list referred to by the Auditor-General in his report—yes or no?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:26</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>The Prime Minister's addressed those questions. I'm not aware of details around such things. I am aware of course that there are many projects that are currently underway as part of the Urban Congestion Fund.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order. Senator Wong on a point of order?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>A point of order on direct relevance. It was a very specific question. The Auditor-General has referred to a particular list. The Prime Minister has refused to answer that question. I would ask the minister to return to the question.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I do grant people who ask questions the opportunity to emphasise the point, but I don't think commentary about the context of the question is appropriate to go into. The minister, in my view, was answering the question. I can't instruct him how to answer it and I definitely, as I've said before, can't instruct the content of an answer to the precision of words the opposition would prefer or an asker would prefer. There are opportunities to debate the content of answers after question time. That's not a matter for points of order. Senator Birmingham.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
  </talker>
  <para>Thanks, Mr President. As the government's made clear, all decisions regarding commuter car parks were identified based on the demonstrated needs within the community. That was the focus of our government: to make sure we were meeting needs within the community. I am sure that's what all do in relation to commuter car park type projects: look at needs within the community. I'm sure—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order, Senator Birmingham. Senator Wong on a point of order?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>A point of order on direct relevance. The question goes to whether the Prime Minister or his office saw the list the Auditor-General referred to.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong, you've restated the question. I can't instruct a minister how to answer a question. If the minister—</para>
<para class="italic">Senator Wong interjecting—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I'm happy to take a submission, but I'd like to finish what I was saying before I take another submission. I can't instruct the minister how to answer a question. If the minister, as I believe he was then doing, was explaining an alternative rationale, I believe that is directly relevant. Senator Wong.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>Mr President, on your ruling, the question did not go to the program that he's now expanding the benefits of; the question went only to whether or not a list had been seen. In my respectful submission, I would ask you to reconsider your ruling given that a discussion of the program itself is directly relevant in accordance with the standing orders, when the only question he was asked, as the man representing the Prime Minister, is whether the list was seen.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The question referred to a list that was referred to by an Auditor-General's report, quite right. I believe, and I'm happy to review the <inline font-style="italic">Hansard </inline>and if I'm wrong I will come back, as I always do, or approach people individually, if the minister is explaining a rationale that is directly relevant to that question—</para>
<para>An honourable senator interjecting—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I was trying to listen to the minister. I intend to hear the next 17 seconds of his answer, because he wasn't making comments or observations about alternative policies or the opposition or anything I've previously ruled against.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>Mr President, if I could ask then, when you go away and reconsider <inline font-style="italic">Hansard</inline>, how it is possible that a discussion of the rationale about funding is directly relevant to a direct question as to whether or not a list has been sent. The opposition would be most grateful for that advice.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I am most happy to review that. Senator Birmingham, continue.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
  </talker>
  <para>Thanks, Mr President. They are rather touchy about any comparisons that come up on this program, aren't they? They're very, very touchy over there about the fact that they were pursuing—</para>
<para>An honourable senator interjecting—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order! Senator Wong.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator Wong</name>
    <name.id>00AOU</name.id>
  </talker>
  <para>Mr President, he is completely ignoring standing orders. This is a question about a list.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>And the question about the list referred to an Auditor-General's report, which, in my view, makes an answer about the context of an alternative rationale directly relevant. But I've said I will review it—</para>
<para>Honourable senators interjecting—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>There were interjections coming across the table. There were breaches of the standing orders going across the table as well. If there are no interjections then ministers can't be pulled up for talking about the opposition. But it is relatively common in this chamber for people to take disorderly interjections. They won't be taken if they're not made. Senator Birmingham.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
  </talker>
  <para> Thanks, Mr President. The ANAO report to the Senate about the Prime Minister's letter of 10 April—it is probably worth just emphasising that from our perspective there is nothing unusual about that 10 April correspondence—<inline font-style="italic">(Time expired)</inline></para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator McCarthy, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:31</time.stamp>
    <name role="metadata">Senator McCARTHY</name>
    <name.id>122087</name.id>
    <electorate>Northern Territory</electorate>
  </talker>
  <para>Why did the Morrison government vote against providing to the Senate the top 20 marginal seats list in spreadsheets shared between Mr Tudge's staff, the Prime Minister's office and the department?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:32</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Because we are not going to stand for the hypocrisy of those opposite. We are not going to indulge their political games and antics. That's why we voted in that regard in the chamber, because the hypocrisy is quite obvious. Take 2 July 2018 when Mr Shorten did a press conference near Gosford station to announce $15 million for commuter car parks. He was joined by the Labor candidate for Robertson and the Labor member for Dobell. I wonder how those projects were selected. Or 28 July when Mr Albanese was at Narangba station in Queensland with the then member for Longman, Susan Lamb, announcing $5 million. Guess what? That was the day before the Longman by-election. I wonder how that project was chosen by those opposite. Or 27 October 2018 when Mr Albanese teamed up with Labor Premier Dan Andrews to announce the Tarneit commuter car park in the lead-up to the 2018 Victorian state election.</para>
<para class="italic">Senator Wong interjecting—</para>
<interjection>
  <talker>
    <name role="metadata">Senator Birmingham</name>
    <name.id>H6X</name.id>
  </talker>
  <para>You don't like it, do you? You don't like the comparison. You don't like—</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Order! Senator Hanson, remotely.</para>
</interjection>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>JobKeeper Payment</title>
          <page.no>41</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:33</time.stamp>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>[by video link] Thank you very much, Mr President. My question is to Minister Birmingham representing the Treasurer. Minister, the Morrison government set up robodebt to pursue welfare recipients who had been overpaid. In May 2020 the scheme was scrapped and the PM apologised for the hurt, harm and hardship caused to people caught up in the automated debt assessment scheme. The total rolling issued debt sum was $1.2 billion. Minister, last week I questioned you about pursuing those companies and businesses who had been overpaid on JobKeeper claims. What investigation has the government undertaken to ensure taxpayers' moneys are accounted for?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:34</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I thank Senator Hanson for her question in relation to the JobKeeper program. In relation to the final component of Senator Hanson's question about the processes that the tax office undertakes, the tax office has a number of data-matching and other processes that it deploys to ensure that claims made are valid claims—in accordance with the operations and program guidelines of the JobKeeper scheme that they were administering at the time.</para>
<para>It's important to detach some of the public commentary that some have sought to peddle in relation to JobKeeper from what, actually, those rules and guidelines were. There's a perception that has been painted by some in their public commentary that suggests that any business that ultimately still made a positive financial return through the previous financial year was not eligible for JobKeeper. That's not true. There were different eligibility criteria, and the first phase of JobKeeper clearly outlined the eligibility criteria, built upon expectations of businesses at that time. At that time we were dealing with a nationwide lockdown approach, different businesses being forced to close their doors across the country and enormous fears that there could be massive levels of unemployment across the country. That's why JobKeeper was established, and it was established with easy-to-access criteria to deal with the concerns of business at that time. Over subsequent iterations, JobKeeper's criteria were tightened, and, of course, the ATO ensured that only those eligible against that tighter criteria received it. Now we have a different model, in terms of the COVID-19 disaster payment and the business-support models delivered with the states, which provides for even tighter program guidelines. But I can assure the Senate that the ATO enforced the rules at the relevant time. <inline font-style="italic">(Time expired)</inline></para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Hanson, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:36</time.stamp>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>[by video link] You said in your response to me last week:</para>
<quote><para class="block">The companies in question were not overpaid; they were eligible under the rules of the program as they operated at the time.</para></quote>
<para>Are you aware that companies withheld invoices to receive JobKeeper payments? A lot of companies, in doing so, paid directors bonuses and shareholders profits at the expense of the taxpayer. Will you investigate?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:36</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Anybody who has any evidence of any form of tax, program or grant fraud should obviously bring that forward. As I said in relation to the primary question, the Australian tax office used its range of powers and data and information to be able to determine eligibility at the different points of the JobKeeper scheme, which went through different stages as we tightened its eligibility criteria along the way.</para>
<para>In that first phase it was very much a program designed to be able to intervene, rapidly and quickly, across the Australian economy and to save jobs. According to the Reserve Bank's research, at least 700,000 jobs were saved just in the period of April to June last year, the period when the JobKeeper scheme was initially opened up and had the widest eligibility criteria to provide certainty in underpinning the Australian economy. It did that. It did that effectively, and it saved jobs as a result.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Hanson, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:37</time.stamp>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>[by video link] As I said, you were willing to go after destitute people—people on welfare payments, dependent on welfare—to the tune of $1.2 billion. Why won't you go after big business for what could amount to tens of billions of dollars? If not, the people may assume they are your donors or benefactors.</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:38</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I reject the insinuation at the end there and point out the fact that the Australian tax office does go after—to use your words, Senator Hanson—businesses on a routine basis and, indeed, any other taxpayers on a routine basis, where there is any evidence of fraud. The tax office undertakes routine audit and compliance activity as well, and all of those sorts of activities have the potential not just to look at tax fraud but also, in instances, to look at the administration of the JobKeeper program. I want to assure Senator Hanson that enormous effort does occur there. As a result of their compliance activities, the tax office recoups many billions of dollars for the Australian taxpayer and, of course, where necessary, takes legal action against those businesses—no matter how big they may be—to ensure their compliance with tax rules, grant rules and other things that the ATO administers.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Women's Economic Security</title>
          <page.no>42</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:39</time.stamp>
    <name role="metadata">Senator CHANDLER</name>
    <name.id>264449</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>My question is to the Minister for Women's Economic Security, Senator Hume. Can the minister advise the Senate how the Liberal-National government's plans are supporting Australian women to start their own businesses, getting more women into work and helping to secure their economic future, as part of our economic recovery from COVID-19?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:39</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I thank Senator Chandler for this very important question. Supporting Australian women to be entrepreneurs, to start a business and to take part in the workforce is a focus of this Morrison government. We know that getting more women into work gives women economic security in life and closes the gender pay gap. That's why the Morrison government recently announced it's providing $3.5 million to Grameen Australia.</para>
<para>Using its proven models that have worked so well overseas, Grameen will establish and deliver an innovative program to create entrepreneurial opportunities for unemployed women. The program invites participants to join small peer support groups and offers mentoring, training and access to loans and savings programs to support them as they establish their own small businesses. This initiative will create new self-employment opportunities. It will also boost financial literacy and workforce skills for Australian women. Micro-enterprise development allows women to become their own boss, offering flexibility and choice for women who have so much talent and skill to offer in the workforce. This program specifically will empower women, helping them to build their careers, but it will also provide flow-on benefits to the Australian economy. It's incredibly impressive to see Grameen using innovative measures to help women establish their businesses while providing wraparound services to ensure that women have the support available to take this very significant step in their working lives and in their careers. This very exciting new program will initially be delivered in my home state of Victoria in the suburb of Broadmeadows, before extending to other locations across Australia.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Chandler, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:41</time.stamp>
    <name role="metadata">Senator CHANDLER</name>
    <name.id>264449</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I thank the minister for her response. Minister, how many jobs is the program estimated to create, and how is women's employment tracking more broadly?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:41</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>The Morrison government's economic plan is clearly delivering, and that is especially so for Australian women. In June, the workforce figures highlighted that more women are in the workforce now than ever before. The women's workforce participation rate is the highest ever recorded in Australia, and the number of women employed has also increased to record levels, and that's now at 6.25 million Australian women. What's more, Grameen Australia estimate that this program will create approximately 6,000 new jobs for Australian women just during its first two years alone of operation. This is just one element of this government's women's budget statement, a $3.4 billion package that includes a range of measures designed to remove workforce disincentives for women and increase employment in key industries.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Chandler, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:42</time.stamp>
    <name role="metadata">Senator CHANDLER</name>
    <name.id>264449</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>Minister, what are the most recent gender pay gap figures, and how have they changed over time.</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:42</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Again, I thank Senator Chandler for this very important question. I'm extremely glad she asked about changes over time because, at present, the gender pay gap is at a record low. It's at the record low of 13.4 per cent. Australian women know that it is only coalition government policies that drive the gender pay gap lower. When the coalition left government in 2007, the gender pay gap was 15.4 per cent, and it was on its way down. However, when Labor came to government, they oversaw a rise in the gender pay gap. The gender pay gap actually widened as high as 17.4 per cent. That's right: the gender pay gap in Australia went up considerably under a Labor government, and it's taken a coalition government to get this figure back on the right trajectory, heading down once again. We won't stop here. In the 2021-22 budget we announced a targeted review of the Workplace Gender Equality Agency, with the aim to push the gender pay gap even lower. <inline font-style="italic">(Time expired)</inline></para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Prime Minister</title>
          <page.no>43</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:44</time.stamp>
    <name role="metadata">Senator WONG</name>
    <name.id>00AOU</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>My question is to the Minister representing the Prime Minister, Senator Birmingham. On at least 18 occasions Mr Morrison has refused to answer questions from the media and in the parliament about whether he tried to get Mr Brian Houston invited to an event hosted by President Trump at the White House. Why?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:44</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I believe those issues have been extensively canvassed in estimates and elsewhere and I don't have anything to add.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:44</time.stamp>
    <name role="metadata">Senator WONG</name>
    <name.id>00AOU</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Mr Morrison cited national security as a basis for not answering questions from the Senate about the seeking of this invitation. At the time he sought the invitation, was the Prime Minister aware of allegations that Mr Brian Houston concealed child sex offences committed by his father?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:45</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Not to my knowledge.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Wong, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:45</time.stamp>
    <name role="metadata">Senator WONG</name>
    <name.id>00AOU</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>When did Mr Morrison last communicate with Mr Brian Houston? Did Mr Morrison or any of his ministers have any contact with Mr Houston about his recent exemption enabling him to travel overseas?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:45</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>To my knowledge and understanding, that exemption was assessed against the defined criteria by the Australian Border Force through the Home Affairs processes.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Vocational Education and Training</title>
          <page.no>44</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:45</time.stamp>
    <name role="metadata">Senator RENNICK</name>
    <name.id>283596</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>My question is to the Minister representing the Minister for Employment, Workforce, Skills, Small and Family Business, Senator Cash. Can the minister advise the Senate how the Liberal and National government plan is supporting Australians to gain skills through vocational education and training as a part of our economic recovery from COVID-19?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:46</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I thank Senator Rennick for the question. A strong vocational education and training system is critical not only for Australia's long-term recovery from COVID-19 but also to support our future growth and our future prosperity. As a former skills minister myself, I'm always happy to hear about Australians taking up the opportunities that are presented by vocational education and training in this country. Without a doubt, certainly from the people I've spoken to, it's a rewarding pathway and it leads to rewarding careers. The Morrison government is committed to delivering a world-class vocational education and training system for all Australians. This is a system which will ensure that, as a country, we have the appropriate skills that we need, both now and into the future.</para>
<para>Last year, the Morrison government provided the biggest investment into skills funding, with almost $6 billion put into skills funding in Australia over the year. This included COVID-19 support measures like the Supporting Apprentices and Trainees wage subsidy, which, I'm pleased to advise, has helped keep around 140,000 apprentices and trainees in jobs across Australia. As we know, in an economic downturn, the first people to go are normally the apprentices and the trainees, but putting in place the Supporting Apprentices and Trainees wage subsidy has ensured that we've kept around 140,000 of them on the job, on the tools, where we need them to be. As you know, we also partnered with the states and territories, and we introduced measures including JobTrainer and the boosting apprentices and trainees wage subsidy. This measure is now helping Australians get the skills that they need, but it's also helping Australian employers take on into their businesses a new apprentice or trainee. Again, it's all about giving us the skills that we need.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Rennick, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:48</time.stamp>
    <name role="metadata">Senator RENNICK</name>
    <name.id>283596</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>How is the government's Boosting Apprenticeship Commencements wage subsidy working to deliver more apprentices and trainees for businesses across Australia?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:48</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>The Morrison government's Boosting Apprenticeship Commencements wage subsidy, which was introduced, as we know, last year, has already supported over 180,000 apprentices and trainees across Australia. That's 180,000 Australians who are now in apprenticeships or traineeships as a result of the wage subsidy that the Morrison government put in place. In terms of the wage subsidy itself, it's a 50 per cent wage subsidy, up to $7,000 per quarter, and a business is able to access this subsidy right up until March 2022—that is, March next year. They can take on a new apprentice or trainee, access the wage subsidy, and then they get that for a 12-month period. Again, this is all about putting in place those policies which enable employers who are seeking to bring on a new apprentice or trainee into their business to do just that.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Rennick, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:49</time.stamp>
    <name role="metadata">Senator RENNICK</name>
    <name.id>283596</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>How is the government's investment in the JobTrainer Fund helping Australians reskill and upskill into new opportunities?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:49</time.stamp>
    <name role="metadata">Senator CASH</name>
    <name.id>I0M</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Again, last year the Morrison government, as I've said, partnered with state and territory governments and we established the $1 billion JobTrainer Fund. The Commonwealth government provided $500 million and this was matched by contributions from state and territory governments. The initial investment will provide over 300,000 additional training places, and these are free or low fee. The key to the success of JobTrainer is that we worked with the states and territories to ensure that these places are in identified areas of labour market demand—for example, health, age care, disability care, IT and trades—for jobseekers and for young people, including school leavers. Then, as part of the 2021-22 budget, the Australian government announced it would commit a further $500 million, again to be matched by the states and territories, and we are now expanding the JobTrainer Fund by 163,000 places.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>COVID-19: Aged Care</title>
          <page.no>45</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:49</time.stamp>
    <name role="metadata">Senator O'NEILL</name>
    <name.id>140651</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>My question is to the Minister representing the Minister for Health and Aged Care, Senator Colbeck. How many residential aged-care workers have tested positive for COVID-19 this year? How many-aged care residents have been hospitalised with COVID-19 this year? And how many have tragically died?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:49</time.stamp>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] There were a number of elements to that question. I don't have the number of aged-care workers who were positive at the end of December last year to give you. I'm not able to do that at the moment.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator O'Neill?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator O'Neill</name>
    <name.id>140651</name.id>
  </talker>
  <para>The question was: how many residential aged-care workers have tested positive for COVID-19 this year?</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>I will allow you to restate that. The minister has been speak very briefly, so I am listening very carefully. It was a very factual question, so I will call the minister to continue.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
  </talker>
  <para>I have the total number of infections among aged-care workers through the pandemic, but I don't have the number at the end of December last year. So I can't give you the difference. But across the pandemic there have been 2,278 staff who have been infected with COVID-19. As of today in New South Wales, there are 33 workers who have contracted the virus. Tragically, there have been two deaths in aged care, one a home-care recipient who, from the advice I have, contracted the virus from a family member, and one—</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator O'Neill on a point of order.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator O'Neill</name>
    <name.id>140651</name.id>
  </talker>
  <para>I am pleased that Minister Colbeck has been able to deliver some numbers, but he is not answering the questions that have been asked, which were very specific. The claim is on a point of relevance. They're interesting facts, but they are not facts that answer the question that was asked.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The minister is actually talking specifically about numbers. He outlined at the beginning why he can't answer in the terms you requested. I am reluctant to rule out of order a minister who is specifically talking about infections and the unfortunate deaths of staff and residents. I have allowed you to restate the question. There is an opportunity to debate the merits of the question afterwards. But I believe the minister is very narrowly confining himself to the information he has at hand and he is therefore being directly relevant.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">Senator O'Neill</name>
    <name.id>140651</name.id>
  </talker>
  <para>I'll just indicate that the questions are specific because there is information that we seek. While I'm interested in what the minister has to say, because it is a matter of such importance, if the minister can't answer this question he really should take it on notice and provide us with the correct facts.</para>
</interjection>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Again, Senator O'Neill, I allow some flexibility to people, particularly remotely, being able to restate the question. I say again that there is an opportunity to debate the merits of the answer and whether something should be taken on notice or otherwise after question time. The minister is very narrowly confining himself to the facts he has at hand. In fact, at the start he went to explain why he couldn't answer it in the terms requested. These facts, I believe, are directly relevant to the question.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
  </talker>
  <para>So there's been one recipient of home care who has tragically passed away, and all our condolences go to the family of that person. And there has been one person who lived in residential aged care who passed away, and again our condolences go to that person's family. That person, who died in recent days, was an unvaccinated resident of a residential aged-care facility centre in Sydney. I will take the details of the other information on notice and report that back to the chamber.</para>
</continue>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator O'Neill, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:55</time.stamp>
    <name role="metadata">Senator O'NEILL</name>
    <name.id>140651</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Mr Morrison committed that all aged-care workers would be fully vaccinated by Easter. Why have only 36 per cent of aged-care workers been fully vaccinated?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:55</time.stamp>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] We've been through this a number of times in the chamber now. When the Prime Minister made that commitment the intention of the government was to vaccinate the workforce and the residents at the same time. We did, however, take the health advice, which came from evidence out of other jurisdictions, other countries around the world, that it was not safe to do that. So, based on that advice, we were forced to change the way that we were vaccinating the workforce.</para>
<para>We continue to provide opportunities for the workforce to get vaccination. We continue to focus our attention on doing that. As Senator O'Neill quite rightly says, 36.6 per cent of the aged-care residential workforce have received full vaccination and 56.8 per cent have had their first vaccination. <inline font-style="italic">(Time expired)</inline></para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator O'Neill, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>14:57</time.stamp>
    <name role="metadata">Senator O'NEILL</name>
    <name.id>140651</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Minister, will Mr Morrison take responsibility for failing to establish national quarantine and bungling the vaccine rollout, which has left vulnerable older Australians in residential aged care at risk of COVID-19?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:55</time.stamp>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] I reject the assertions made by Senator O'Neill. Her blatant politicisation of the vaccine rollout and the Labor Party's blatant politicisation of the vaccine rollout has done absolutely nothing for the confidence in the national program. You could say that the Labor Party have been deliberately attempting to undermine this process all the way through.</para>
<para>Of course the government takes responsibility for making available vaccines to Australians across the country and we have reinforced and reaffirmed that responsibility on a number of occasions. We continue to adapt the rollout to meet immediate concerns and to provide more opportunities for Australians to access a vaccine as soon as possible. We've said that we'd like every Australian who wants a vaccine to have one by the end of the year, and we are well and truly on target to meet that objective. <inline font-style="italic">(Time expired)</inline></para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Black Summer Bushfires</title>
          <page.no>46</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>14:58</time.stamp>
    <name role="metadata">Senator DAVEY</name>
    <name.id>281697</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>My question is to the Minister for Emergency Management and National Recovery and Resilience, Senator McKenzie. Can the minister please advise the Senate of the programs that our government has delivered to assist communities and individuals to recover from the previous crisis we had, which was the 2019-20 Black Summer bushfires, including the support in my home state of New South Wales?</para>
</speech>
<speech>
  <talker>
    <time.stamp>14:58</time.stamp>
    <name role="metadata">Senator McKENZIE</name>
    <name.id>207825</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Thank you, Senator Davey, for your question and for your longstanding support for regional New South Wales. The Black Summer bushfires were one of the most devastating natural disasters we've seen in our nation's history. In such a time of desperation and loss, Australians came together to do whatever they could to assist these affected communities.</para>
<para>Our government is committed to standing side by side with communities as they recover from these devastating bushfires. Through the National Bushfire Recovery Fund and other bushfire recovery systems we have provided support to address immediate recovery needs. To date, $2.8 billion of Commonwealth support has been made available for recovery and 85 per cent of that has been delivered. This includes $1.7 billion delivered from the National Bushfire Recovery Fund, supporting locally-led efforts on the ground, because we know that locals know what's best for their community. Significant immediate assistance has been provided, including: nearly 5,000 bushfire damaged and destroyed properties being cleared; over 200,000 disaster recovery payments being made to individuals; over 88,000 payments of $400 made to assist with back-to-school expenses for families; over 27,000 grants and loans provided to small businesses and primary producers; and financial assistance provided to 3,200 volunteer firefighters. Of the numerous programs included under the National Bushfire Recovery Fund, one of the largest is the $700 million Local Economic Recovery Program being delivered in partnership with state governments. Nearly 400 successful projects have been announced to date, with more to come. In your home state of New South Wales, up to $2.4 million will construct a new multipurpose community facility in the Upper Lachlan Shire new visitor information and community centre. The facility will deliver additional services to the local community.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Davey, a supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>15:01</time.stamp>
    <name role="metadata">Senator DAVEY</name>
    <name.id>281697</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Thank you, Mr President. Can the minister also explain what support is currently available for those communities who are still recovering from these devastating bushfires?</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:01</time.stamp>
    <name role="metadata">Senator McKENZIE</name>
    <name.id>207825</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>As part of the Liberal and National government commitment, the $280 million Black Summer Bushfire Recovery Grants Program builds on measures implemented by the government over the past 18 months to support disaster response relief and recovery in bushfire affected areas. Projects can be funded between $20,000 and $10 million for community organisations, local councils and businesses. This program will help bushfire impacted communities build back better and funds a lot of those recovery and resilience projects. Amounts identified for each eligible local government area in the grant guidelines are a guide. They are not fixed or capped. I want to make that very, very clear: the size of the local government area is not a limiting factor under this program. A committee chaired by the coordinator-general of the NRRA will undertake a detailed assessment of the applications based on and merit. It will then come to me as the final decision-maker.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>Senator Davey, a final supplementary question?</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>15:02</time.stamp>
    <name role="metadata">Senator DAVEY</name>
    <name.id>281697</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>Thank you. How is our government working to build our resilience, not only for bushfires but for emergencies and national disasters more broadly and into the future?</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:02</time.stamp>
    <name role="metadata">Senator McKENZIE</name>
    <name.id>207825</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Australians are too familiar with the devastation caused by natural disasters, such as bushfires, floods and droughts. These types of events are inevitable. Many hazards are becoming more frequent and intense. We are progressing towards a much more resilient and prepared country, and the Liberals and Nationals in government are driving a comprehensive program of measures in partnerships with states and territories to realise the outcomes of the National Disaster Risk Reduction Framework and increase that resilience of Australian communities. The framework outlines a coordinated approach to reducing disaster risk and its implementation will be supported by the First National Action Plan. The Australian and state governments have committed $261 million over the next five years to work out the priorities of the framework and, in addition, the Australian Climate Service, comprising of the Bureau of Meteorology, the CSIRO, the ABS and Geoscience Australia has been— <inline font-style="italic">(Time expired)</inline></para>
<interjection>
  <talker>
    <name role="metadata">Senator Birmingham</name>
    <name.id>H6X</name.id>
  </talker>
  <para>Mr President, I ask that further questions be placed on the <inline font-style="italic">Notice Paper</inline>.</para>
</interjection>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>QUESTIONS WITHOUT NOTICE: ADDITIONAL ANSWERS</title>
        <page.no>47</page.no>
        <type>QUESTIONS WITHOUT NOTICE: ADDITIONAL ANSWERS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>COVID-19</title>
          <page.no>47</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:03</time.stamp>
    <name role="metadata">Senator COLBECK</name>
    <name.id>00AOL</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>[by video link] I want to give details of the number of Australians in ICU. As of 12 pm today, there are 70 people in ICU, with 29 on ventilation. Sixty-seven are in New South Wales, one is in Queensland, one is in South Australia and one is in Western Australia. To update the chamber on the number of lives lost this year, from the latest data that I've received, 30 lives have been lost in Australia this year to COVID, and 941 in total have been lost through the pandemic. Our thoughts are with all of the families who have lost a loved one as a result of the circumstance of COVID. To add to the information that I gave in relation to staff cases, there were 2,238 staff cases in 2020. Aligning that number with the figure that I gave you for the latest number of staff cases would give you the number of cases this year.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>QUESTIONS WITHOUT NOTICE: TAKE NOTE OF ANSWERS</title>
        <page.no>47</page.no>
        <type>QUESTIONS WITHOUT NOTICE: TAKE NOTE OF ANSWERS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>COVID-19, Prime Minister</title>
          <page.no>47</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:05</time.stamp>
    <name role="metadata">Senator WATT</name>
    <name.id>245759</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate take note of the answers given by the Minister for Finance (Senator Birmingham) and the Minister for Senior Australians and Aged Care Services (Senator Colbeck) to questions without notice asked by the Leader of the Opposition in the Senate (Senator Wong) and Senators Chisholm, O'Neill and Gallagher today relating to the COVID-19 pandemic and to Mr Brian Houston.</para></quote>
<para>For a long time, we've known we have a Prime Minister who doesn't take responsibility, who blames others, who's full of excuses and who's addicted to secrecy and allergic to the truth. We've seen it over and over again, in car park rorts, in sports rorts and in his disappearance to Hawaii in the middle of the bushfires. Sadly, we've even seen these character flaws in relation to some of the most serious criminal allegations possible, involving sexual offences against children.</para>
<para>For several years it has been a matter of public record that one of the Prime Minister's closest friends, his pastor and mentor Brian Houston, has been accused of a grave crime, that of concealing evidence of child sex offences committed by his father, former pastor Frank Houston. In October 2015, the royal commission into child sexual abuse found that Brian Houston had failed to report allegations of child sexual abuse by his father and facilitated a payment to the alleged victim that he failed to disclose to the church. Despite these allegations, which are from as long ago as October 2015, the Prime Minister has showered his friend, the alleged criminal Mr Houston, with praise. Just this year, at a conference in April, the Prime Minister publicly thanked Mr Houston for his ongoing personal support. But, along the way, the Prime Minister has been his usual evasive, shifty and forked-tongued self over his intervention to have Mr Houston invited to an official event at the White House under President Trump—the same Mr Houston who has now been charged with concealing child sexual offences and who has been given a travel exemption to leave the country by Mr Morrison's government. Who can forget the Prime Minister dodging questions for months on end about his intervention for Mr Houston? The quotes, over and over, at press conferences both in the United States and in Australia—'I don't comment on gossip'; 'I don't feel the need to comment on those things'; 'I don't comment on unsourced reports'; and 'that's a matter for the White House'—even inventing national security and international relations grounds to avoid scrutiny on this legitimate topic.</para>
<para>In total, the Prime Minister refused to answer questions about his intervention to assist Mr Houston to attend the event at the White House 18 times. In total, the Prime Minister, his ministers and government refused to answer questions about this legitimate topic a total of 43 times. And, of course, this was all before finally, grudgingly, the Prime Minister admitted that his office had asked for Mr Houston to be invited to the event at the White House—even though he knew of the allegations against Mr Houston, which have been public for at least five years.</para>
<para>Why can't this Prime Minister just tell the truth? It's because he is a slippery politician who never takes responsibility and never gives straight answers. Even today, the government's discomfort with the Prime Minister was plain to see in the answers from Senator Birmingham. When asked why the Prime Minister had refused to say 18 times whether he had intervened to assist Mr Houston, Senator Birmingham responded by saying, 'I have nothing to add.' He used the national security excuse: 'Not to my knowledge.' He didn't even have an answer to when the Prime Minister last communicated with Mr Houston—that's how much Senator Birmingham knows that this topic is something the government doesn't want to talk about.</para>
<para>Some in the government have tried to characterise these questions, both from Labor and from the media, as an attack on the Prime Minister's religion, and nothing could be further from the truth. What it's about is the character of a prime minister who sought to invite a man accused of concealing child sexual offences to an official function at the White House. What it's about is the character of a prime minister who denied it and who dodged it and ducked it for months. What it's about is the character of a prime minister who, when finally found out, dismissed the issues involving child sexual offences as 'not that big a deal'. What it's about is a prime minister who never takes responsibility, who never gives straight answers, who blames others, who is full of excuses, who refuses to answer legitimate questions and who covers up at every opportunity—about car park rorts, about sports rorts and even about his intervention to assist a man accused of concealing child sexual offences. Australians are fast working out this Prime Minister, and they don't like what they see. <inline font-style="italic">(Time expired)</inline></para>
</speech>
<speech>
  <talker>
    <time.stamp>15:10</time.stamp>
    <name role="metadata">Senator CHANDLER</name>
    <name.id>264449</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I rise to speak on this debate about answers to questions without notice regarding the vaccination rollout and the COVID-19 crisis. These are incredibly important issues that our country faces, and it is a pleasure to be able to stand here and talk about what the government is doing in this regard, because we find ourselves more than a year and a half into a global pandemic that has changed the world as we once knew it. In that time, every nation and every government has faced a constantly evolving set of challenges to keep citizens safe and, as far as possible, keep the economy moving forward. When I've previously spoken in the take note debate on these issues I have focused on the unprecedented nature of the COVID-19 crisis and the way the government has had to adapt to the crisis as it's changed in the way that it has impacted on our country and on our society, and individuals within it.</para>
<para>No government in the world would claim to have got everything right over the last couple of years, and I think that most likely includes every government in Australia, both state and federal. But we must keep looking forward and moving towards the goals that will prevent Australians from dying and being hospitalised from this awful illness and that will allow us to reopen our economy, our small businesses and our communities. That's why it is so important that the vaccine rollout continues to ramp up and be extended to more and more Australians who are eager to do their bit and get the jab. Certainly that is what we are seeing across the country at the moment, and that is something that I think we should all be proud of. More than 13½ million vaccine doses have now been administered, and we are well over the mark of hitting more than a million doses administered every week. I think that is great news, and I'm sure many Australians are happy to hear it. A total of 4½ million vaccinations were given in July, which is more than double that achieved in May, when 2.1 million doses were administered, which I think was most likely the last time I was in here taking note on this exact same topic.</para>
<para>I'm pleased to say that my home state of Tasmania is leading the way amongst Australian states in getting the population vaccinated, with over 50 per cent having had their first dose, and that was certainly a milestone that I think will be celebrated in Tasmania. It is clear from the daily numbers that are coming in that Australians continue to remain eager to get the jab, and those numbers of Australians who are fully vaccinated are going to continue to climb. When I speak to young Australians about getting the vaccine, they are enthused as to when the opportunity will arise for them, whether that's waiting for Pfizer or having conversations with their GP about the possibility of getting AstraZeneca. Young Australians certainly want to do our bit to help our country get through the COVID-19 crisis and see those restrictions start to come away and a return to normal. This is exactly what we want to see.</para>
<para>The national plan to transition Australia's COVID-19 response has been agreed in principle at national cabinet, and that is a really important part of charting the pathway forward for us to get back to situation normal. It shifts the focus from continued suppression of community transmission to postvaccination settings focused on prevention of serious illness and fatalities where the public health management of COVID-19 becomes consistent with that of other infectious diseases. The plan consists of four phases, with the success of one stage and movement into the next determined by meeting vaccine thresholds at both a state and a national level. This is based on scientific and economic modelling conducted for the COVID-19 Risk Analysis and Response Task Force.</para>
<para>We as a government are undertaking a clear, methodical and science based response to COVID-19. The way we get there—getting back to situation normal, being able to ease these social restrictions and seeing the days of border restrictions and lockdowns gone—is by continuing the rollout of the vaccine, and Australians continue to show their willingness to get vaccinated against the virus. They understand that getting vaccinated isn't just about protecting themselves; in fact, it's about protecting their family and their local community. This is the only way that our lives will return to some sense of normality where extended lockdowns are a thing of the past and where we don't need to worry about interstate borders being closed at a moment's notice. We know how tough it is right now for so many Australians who are enduring lockdowns, and I certainly hope to— <inline font-style="italic">(Time expired)</inline></para>
</speech>
<speech>
  <talker>
    <time.stamp>15:15</time.stamp>
    <name role="metadata">Senator GREEN</name>
    <name.id>259819</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>[by video link] I am joining the Senate today from lockdown in Cairns. We have just gone into a three-day lockdown which started yesterday, due to a case of the delta variant here in Cairns. So this community knows more than most about the ups and downs of lockdowns and how they affect the local economy, and now we are in our own lockdown dealing with these issues.</para>
<para>It was interesting to see the questions asked by opposition senators and answered by Minister Colbeck today, because what's clear is that we have turned around and we're headed down a path that we're not coming off any time soon. We asked questions, and we expected answers, about how many Australians were in hospital, how many Australians had died and how many Australians are in ICU at the moment, and it is incredibly disappointing, and it really shows an extreme level of incompetence, that the minister was not able to answer those questions without taking them on notice. We know that there are 62 Australians in ICU and 371 Australians otherwise in hospital with COVID-19 right now. So it is galling to see members of the government stand up and talk about how successful the vaccine rollout has been, how good a job they are doing and how Australians should be happy to not be somewhere else or in another country, because we have Australians who are dying and we have Australians who are in ICU or otherwise in hospital. We have cities around the country in lockdown, businesses closing and workers losing their jobs.</para>
<para>It reminds me of what the government was doing last year to prepare for this vaccine rollout. We know that Australia is 35th in the OECD when it comes to vaccinations. We rank behind countries like Iceland, Chile, the UK, France, Lithuania, the Czech Republic, Colombia and Mexico—behind all of those countries and more. That's where Australia's vaccine rollout is up to. But what the government did last year was roll out an advertising campaign. I'm sure a lot of senators will remember hearing members of the government talk about their comeback and how Australia was on a path of comeback. You could almost play bingo every time you heard it in a question from the government. They spent $15 million on this advertising campaign to talk about what a great job the government were doing and how Australia was about to come back from COVID-19. Yet here we are, after $15 million of advertising in papers around the country, back in lockdowns because the government failed to do its job and actually deliver the vaccines that Australians need instead of advertising about how good it is. We know that many people in the 1b phase of vaccinations still are yet to receive a vaccine. We know that aged-care workers, disability workers and, yes, Aboriginal and Torres Strait Islander people have not received the vaccine, although they are in the 1b phase.</para>
<para>The government are happy to take credit but are never capable of taking responsibility or accepting the blame when they are in the wrong. They're happy to advertise throughout the country telling people how good a job they've done, but they couldn't put advertising in place to tell people when their vaccination appointment would be available, because they didn't have enough vaccines to supply the country.</para>
<para>Finally, I want to address some of the comments from government senators about Labor talking down the vaccine program. Nothing could be further from the truth, yet when you have a look at the Facebook pages of backbench senators and people in the other place what you see is antimask, antilockdown, antivax rhetoric from this government. If the government want to talk about people who are talking down this country and talking down vaccination, they need to start with their own backbench. Nobody is going to take this government seriously on vaccination until it accepts responsibility and makes sure that its own people are doing the right thing and delivering the right message. Australians expect so much more, yet this government is failing every single test.</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:20)</time.stamp>
    <name role="metadata">Senator O'SULLIVAN</name>
    <name.id>283585</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>( There really have been two key moments, at least in my lifetime, that have shaped the course of history—shaped our lives, our future lives and the way we live. The first, of course, was September 11 and the impact it had upon our society and the way we go about life. Importantly, we noticed it in the way that we travelled. I remember my very first plane ride. I was 18 when I first hopped on an aeroplane. It was from Perth to Adelaide. My friend said, 'You should try to go up the front, to the cockpit, and sit with the pilot.' So we arranged for that to happen, because in those days you could do that; you could go up to the front of the plane. After September 11, of course, they put in place the necessary security protocols to deal with it. When we go through airports now there's a big change.</para>
<para>This pandemic, the COVID pandemic, has been another significant, pivotal moment for the world. If we'd described some of the conditions we're now living under, dealing with lockdowns and massive changes to our freedoms and the way we go about our lives, no-one would have believed it. No-one could have imagined what we're dealing with, because these are unprecedented times. These are life-changing, life-altering times for us as a society and, indeed, as a global population.</para>
<para>These have been incredibly challenging times, and this government has had to work with them and adapt where necessary. One of the important things, once the vaccines had been pronounced successful, somewhere back around July last year, was that this government stepped up and negotiated with the providers of the vaccines that were known at the time to be viable and to have the potential to be rolled out across Australia. We dealt with it in the circumstances at that time, negotiating with the various providers of those vaccines, including one that potentially was going to be developed and made available within Australia in partnership with University of Queensland. We found, after thorough testing of it, that that vaccine wasn't going to be viable due to testing results for HIV, which were inaccurate. Of course, that stunted the ability to roll out that vaccine. But the government adapted and moved along with those necessary changes. That is the hallmark of this government. You've got to be able to react to circumstances, to changes, and adapt so that you can appropriately see the rollout get across the country. And we are seeing the rollout take up significant pace now.</para>
<para>I want to draw attention to what's happening in Western Australia right now. In Western Australia, my home state, arguably we've dealt with the COVID pandemic better than anywhere else in the country and anywhere else in the world. We've experienced very few instances where we've had to lockdown. While we have had a few lockdowns, we've ultimately been able to transgress through this COVID pandemic. We've been able to see businesses thriving. The resources sector is delivering great economic returns for the country.</para>
<para>I think, sadly—maybe it's because of the success and we are a victim of that success—the vaccine rollout in Western Australia is the lowest in the country. I'm not blaming Western Australians. I do understand it, because when I speak to family, friends and people in the community about taking up the vaccine, and taking the opportunity to go and get it, many of them are not rushing to do it because it's not front of mind for them. It's not necessarily in their face. I want to encourage Western Australians—we've led the way in many aspects of this COVID pandemic. Let's not lose the way in not making sure that we hit those vaccine targets before Christmas. We certainly don't want to see other states beat us to it. I know that Western Australians are parochial and they'll rise to the challenge. I want to encourage you to get out there and make a booking. It's easy to do. It's simple to do. You've got the opportunity to do it and I encourage you to do it— <inline font-style="italic">(Time expired)</inline></para>
</speech>
<speech>
  <talker>
    <time.stamp>15:26</time.stamp>
    <name role="metadata">Senator MARIELLE SMITH</name>
    <name.id>281603</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>[by video link] Wasn't that an uncomfortable, although not unfamiliar, silence we had from Senator Colbeck this afternoon in question time in failing to answer what can only be called very basic, very factual questions about the vaccination rollout, about the number of people who have been impacted by COVID this year, about the deaths from COVID? It is just staggering. Senator Chisolm was asking about the number of deaths of Australians since the start of the year. He was asking about the number of Australians in ICU, and in response: silence. Silence for moments and moments and moments as once again Minister Colbeck couldn't answer the most basic of factual questions on this pandemic. These are hardly gotcha questions. It's hardly an attempt at a gotcha moment. They're basic factual questions. But an astonishing silence has come to characterise his performance in question time on this topic, his performance in this place.</para>
<para>We've got almost half the country in lockdown, New South Wales entering its seventh week in lockdown, my state having been locked down, Cairns going into lockdown now. What's the pathway out? What's the pathway from this government out of this mess? We know we need to get to somewhere like 70 to 80 per cent vaccination across Australia if we're going to start to see the end of lockdowns. The way the Prime Minister is patting himself on the back you would think we were close to that. But let's look at some facts. As at 7 August only just over 22 per cent of the population over 16 had had both vaccines. In South Australia that's even lower. We're not anywhere near the vaccination rate we need to be at if we're going to see an end to these lockdowns, which more than half the country are experiencing, or have experienced in recent weeks, including in my home state of South Australia. Millions of Australians have been left exposed and vulnerable to the delta strain in particular because they haven't been able to access jabs in arms. Disproportionately, younger people with much lower rates of vaccination, are often out there doing essential work—it may not be characterised as essential for the purposes of their access to vaccination, but it is essential work because it has to continue. Many of those are young people who are vulnerable to this variant. They've already suffered disproportionately, because of this pandemic, and now more so. They are desperate to see their lives return to normal, but until they have both shots of a vaccination they cannot.</para>
<para>The government has bungled this. The government has bungled the vaccination rollout just as they bungled hotel quarantine. Minister Colbeck stood in parliament today, not only unable to answer the most basic factual questions but he had the audacity to accuse Labor of attempting to politicise the vaccination rollout. Nothing could be further from the truth. Labor has every right to ask you questions about this rollout. That's not politicising it; that's holding you to account. That's our job. And we have to, because you've bungled it.</para>
<para>If you want to talk about politicising the rollout and politicising vaccines, a little self-audit of the Facebook pages of your backbenchers wouldn't go astray, because if there's anyone politicising the vaccination rollout it is not Labor senators; it is people on your own side, on your own back bench, on their Facebook pages, in the public domain—that's where the problem of politicisation is. Rather than focus on us, you should be focused on fixing the bungled vaccine rollout, the bungled hotel quarantine system and the mess we are in at the moment, where far too many Australians are standing ready and waiting to get a vaccination but are unable to access one. That's where your focus should be. That's where your attention should be. When Labor senators ask you the most basic and factual questions about where that process is up to, you should be able to answer those when you come into question time. It's the most basic level of ministerial accountability. So perhaps be able to do that before you start attacking us.</para>
<para>Question agreed to.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Climate Change</title>
          <page.no>51</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:31</time.stamp>
    <name role="metadata">Senator WATERS</name>
    <name.id>192970</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I move:</para>
<para>The Leader of the Australian Greens in the Senate (Senator Waters) moved—That the Senate take note of the answer given by the Minister for Finance (Senator Birmingham) to a question without notice she asked today relating to climate change policy.</para>
<para>The IPCC report is due tonight. It will send the strongest alarm yet that this is the critical decade. The year 2030 is what counts, and delay is the new denial.</para>
<para>Australia's only remaining allies in global climate forums are Russia and Saudi Arabia, and our nation is locking in with petro-states because of the power, the influence, the donations and the job offers of coal and gas companies—the job offers to politicians once they leave this chamber. The US, the UK, the EU, Japan, South Korea and New Zealand have all lifted their 2030 targets in recent months, but the Morrison government is prioritising the profits of coal and gas donors over the safety and wellbeing of all Australians.</para>
<para>This isn't just about future generations anymore. The impacts of the climate crisis are being felt already—and were, in our bushfires the summer before last. Athens and the west coast of the US are now facing similar devastating and terrifying fires. Europe is flooding. The islands of the Torres Strait are already feeling saltwater incursions into their food-producing lands.</para>
<para>What the IPCC report tells us is that we are going to exceed 1.5 degrees of warming this decade unless we radically reduce pollution. The other half of the coral cover of the Great Barrier Reef will be non-existent under 1½ degrees. We know that we'll lose 90 per cent of global coral reefs under 1½ degrees and virtually all of them under a two-degrees scenario.</para>
<para>Of the world's countries, Australia is one of the most exposed to climate damage, and we have already warmed by 1.4 degrees. ABARES has just told us that climate change has already cost every Australian farmer $30,000 a year, on average, so far. And that is just the beginning, as droughts, floods and heatwaves wreak havoc on our continent.</para>
<para>Failure to lift our 2030 targets is criminal negligence. There is no longer any excuse. If we don't act this decade, we're putting our lives and our kids' lives directly at risk. The No. 1 priority for government is to keep people safe, and the Morrison government is roundly failing in that duty. What is most galling about this is that they are prioritising the coal and gas donors that the Australian tax office has described as systemic nonpayers of tax. They're prioritising that mob ahead of the lives and the safety of all Australians.</para>
<para>The IPCC report, due to be released tonight, will tell us what scientists have been telling us for some time, which is that action now matters much more than whatever we might pledge to do in 2050. That will be too late. There is nowhere left for Scott Morrison—or for the Labor Party, I might add—to hide. We need strong, science based 2030 targets.</para>
<para>Rebuilding our energy system and creating the physical and social infrastructure that we need to stop runaway global warming will require the creation of hundreds of thousands of jobs right around this country. For every one coal or gas job in Australia, there are 16 jobs that require a stable climate, from agriculture to tourism to winemaking. Taking urgent action to address the climate crisis makes sense on every single measure—for our survival, for job creation and for the preservation of nature.</para>
<para>The government are so blinded by fossil fuel donations and the promises of lucrative jobs post-politics that they dish out $11 billion in fossil fuel subsidies to their coal, oil and gas donor mates. They have pathetic targets that aren't based on science, which they then use dodgy accounting to try to claim that they're meeting. They sell us all out. How many more scientific reports will this government ignore with impunity? Time is running out. We have one job here as this parliament; this government has one job: it is to keep people safe—and to act in the public interest. At the minute, the scientists are in the bin, and the government have got their hands out for more donations from the coal, oil and gas sector and they are imperilling us all.</para>
<para>'How dare you?' as Greta Thunberg famously said. How dare you risk our collective future for the sake of your own self-aggrandisement and your own self-enrichment? For heaven's sake, start putting the science at the centre of your decision-making. Please listen tonight at six o'clock when the IPCC delivers its strongest warning yet, and please change the course of your pathetic climate policy, or get out of the way and let other people like the Greens do the job. <inline font-style="italic">(Time expired)</inline></para>
<para>Question agreed to.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>NOTICES</title>
        <page.no>52</page.no>
        <type>NOTICES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Presentation</title>
          <page.no>52</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:37</time.stamp>
    <name role="metadata">Senator URQUHART</name>
    <name.id>231199</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>At the request of Senator Dodson, I advise that he amends the notice for the disallowance of the Social Security (Parenting payment participation requirements—class of persons) Instrument 2021 made under the Social Security Act 1991 in the terms notified.</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:37</time.stamp>
    <name role="metadata">Senator DUNIAM</name>
    <name.id>263418</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I give notice that, on the next day of sitting, I shall move:</para>
<quote><para class="block">That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Counter-Terrorism Legislation Amendment (Sunsetting Review and Other Measures) Bill 2021, allowing to it be considered during this period of sittings.</para></quote>
<para>I also table a statement of reasons justifying the need for this bill to be considered during these sittings and seek leave to have the statement incorporated in <inline font-style="italic">Hansard</inline>.</para>
<para>Leave granted.</para>
<para class="italic"> <inline font-style="italic">The statement read as follows—</inline></para>
<quote><para class="block">COUNTER-TERRORISM LEGISLATION AMENDMENT (SUNSETTING REVIEW AND OTHER MEASURES) BILL 2021</para></quote>
<quote><para class="block">Purpose of the Bill</para></quote>
<quote><para class="block">The bill will remake the following provisions:</para></quote>
<list>the 'declared area' provisions, listed in sections 119.2 and 119.3 of the Criminal Code</list>
<list>Division 3A of Part IAA of the <inline font-style="italic">Crimes Act 1914 </inline>(which provides for police powers in relation to terrorism), and Divisions 104 and 105 of the Criminal Code (which provide for control orders and preventative detention orders in relation to terrorism).</list>
<quote><para class="block">It will also implement amendments agreed in the Government response to the Parliamentary Joint Committee on Intelligence and Security's review into the declared area provisions.</para></quote>
<quote><para class="block">The bill will also extend the reporting date for the Independent National Security Legislation Monitor's review of Division 105A of the Criminal Code.</para></quote>
<quote><para class="block">Reasons for Urgency</para></quote>
<quote><para class="block">Passage of the bill is required in the 2021 Spring sittings as the current provisions are due to sunset on 7 September 2021. Were these provisions to sunset, all current control orders would cease to be in effect, greatly reducing agencies' ability to manage individuals who pose a risk of terrorism.</para></quote>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Presentation</title>
          <page.no>53</page.no>
        </subdebateinfo></subdebate.1></debate>
    <debate><debateinfo>
        <title>CONDOLENCES</title>
        <page.no>54</page.no>
        <type>CONDOLENCES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Martyr, Mr John Raymond</title>
          <page.no>54</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:37</time.stamp>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
    <electorate></electorate>
  </talker>
  <para>It is with deep regret that I inform the Senate of the death, on 18 June 2021, of John Raymond Martyr, a senator for the state of Western Australia from 1981 to 1983 and a member of the House of Representatives for the division of Swan from 1975 to 1980. I call the Leader of the Government in the Senate.</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:38</time.stamp>
    <name role="metadata">Senator BIRMINGHAM</name>
    <name.id>H6X</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>by leave—I move:</para>
<quote><para class="block">That the Senate records its sorrow at the death, on 18 June 2021, of Mr John Raymond Martyr, former member for Swan and former senator for Western Australia, places on record its gratitude for his service to the parliament and the nation and tenders its sympathy to his family in their bereavement.</para></quote>
<para>On 18 June this year, we learnt of the passing of the former senator and former member of the House of Representatives John Martyr. John Martyr was first elected as the Member for Swan to the House of Representatives for the Liberal Party in 1975 and later served in this place as a senator for Western Australia from 1981 to 1983. John Martyr is remembered for being an avid and tough politician true to his beliefs.</para>
<para>John Martyr's journey into politics was nothing short of unorthodox. Born on May 25 1932 in Melbourne, he was the eldest of two sons to Ernest and Ellen Martyr. When John was just three years old, his father passed away, leaving his mother to raise him and his brother in East Brunswick, where they lived until 1944 prior to making the move to Caulfield.</para>
<para>John took an interest in politics from early in life, joining the Australian Labor Party before he and his future wife, Doris, were expelled from the then Elsternwick branch in 1955 after the split in the Labor Party in Victoria. The next year, in 1956, John would marry Doris at St Patrick's church in Murrumbeena on 14 April. John and Doris would soon also go on to become foundation members of the newly formed Democratic Labor Party, from 1957.</para>
<para>John cut his teeth as a campaigner during the Victorian state election in 1958, where he would direct the DLP campaign for the seat of Scoresby. He brought to the role the experience he had gained as a sales representative, skills he had developed from being an active member of the local debating society and his experience as a member of the Federated Clerks Union. A few years later John threw his own hat into the ring as a candidate for the DLP in the federal seat of La Trobe at the 1960 by-election. However, it was a move to Western Australia in 1962 that would change the course of John's political journey. He had been asked to relocate to Perth to reignite the National Civic Council in a full-time undertaking as its state president. By this point the DLP had developed as a federal organisation, with branches in all states, and in mid-1964 John Martyr became state secretary of the Western Australian branch of the DLP.</para>
<para>The journey to electoral success, though, was still a long and tough fight ahead for John. For seven years John contested every state and federal election for the DLP until his resignation as the DLP's Western Australian state secretary in 1971, followed by his resignation from the DLP in early 1972. John then spent some time applying himself to economic and political consultancy. Then, in June 1972, John and his former DLP colleague Frank Pownall emerged as vice-presidents of the Victoria Park branch of the Western Australian division of the Liberal Party. Just a few short years later John Martyr would be preselected again, but this time as a Liberal candidate—a Liberal candidate for the seat of Swan at the 1975 federal election. In that landslide election victory he would defeat the Labor incumbent, and was returned by the people of Swan at the 1977 election prior to his defeat at the 1980 election.</para>
<para>Unsurprisingly, for a man of his values and a founding member of the DLP, John was remembered particularly for his vigorous promotion of pro-life policies. On election to the parliament, John notably broke convention by interjecting in the chamber before delivering his first speech to the House of Representatives, for which he would later reflect upon by saying, 'You become a shareholder in the parliament when you're elected, not after you make a speech.' John held deep convictions on a number of issues, particularly what he described as 'a move away from the virtues of self-help, self-reliance and dependence on your own abilities'. John felt strongly that the trend towards greater government involvement not only in people's personal lives but also in the whole of the economic structure was 'fundamentally bad'. He saw resilience as residing in the role that families play in supporting individuals and one another. In his second term in parliament, John played an active role in notable debates about moral issues around divorce and the rights of the unborn child.</para>
<para>Whilst John was defeated at the 1980 election, he would return to the parliament in fairly short order in 1981—this time in the Senate—upon securing preselection for a vacancy created by the resignation of then senator Allan Rocher. On delivering his maiden speech to the Senate, in characteristic fashion, John would reference his first maiden speech delivered in the House, saying:</para>
<quote><para class="block">It is not every day, or even every year, that a blushing neophyte like myself has a chance to be a maiden-twice!</para></quote>
<para>John would go on to express his deep-seated belief that there was a growing issue of government over-reliance, noting, with somewhat typical hyperbole:</para>
<quote><para class="block">… part of the reason for people believing that life is really difficult today is the constant feeding of soothing syrup in social welfare handouts from government … everybody expects the Government to pick up his personal problems and carry them.</para></quote>
<para>In the Senate, John continued his strong advocacy on the issues he had focused on in the House, around family law and pro-life issues. He also took a strong interest in defence and international affairs.</para>
<para>Whilst John's firm commitment to his principles and his somewhat fiery debating style may have created the impression of a potentially disagreeable fellow, this actually wasn't the case at all. In tributes to those who had left the Senate in 1983, Senator Don Chipp, founder of the Australian Democrats, said:</para>
<quote><para class="block">John Martyr was an extreme, avid, fanatic right-winger and he was very proud of that. The extraordinary thing was that, notwithstanding this massive difference in our philosophies, we were very close personal friends. John Martyr had a great capacity to love and to be loved. Those who had the privilege of getting to know him would have found out the true meaning of affection and love.</para></quote>
<para>John Martyr's political life was a reminder of the importance of persistence and patience but also the importance of people, principle and passion providing a voice in our democratic institutions that can be valued even by those who may have often, or virtually always, disagreed with it. John's term in the Senate ended on 4 February 1983, when the two houses were dissolved.</para>
<para>Throughout his parliamentary life, throughout his long contribution to politics, throughout, of course, his long interest in policy and values, and, most importantly, throughout all of the personal aspects of his life, John was supported by his wife, Doris. He leaves behind, along with their seven children and their spouses, 23 grandchildren and, at this stage, 12 great-grandchildren, with, no doubt, more to come. On behalf of the Australian government, the Liberal Party and the Australian Senate, I extend to John's loved ones our sincerest condolences and our thanks for his service.</para>
</speech>
<speech>
  <talker>
    <time.stamp>15:47</time.stamp>
    <name role="metadata">Senator FARRELL</name>
    <name.id>I0N</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I rise on behalf of the opposition to express our condolences following the passing of John Raymond Martyr, a former senator and member of the House of Representatives, at the age of 89. To begin, I express our sympathy to his family and friends as we join with the government in this condolence motion.</para>
<para>John Raymond Martyr was born in Melbourne on 25 May 1932. He was the elder of two sons of Ernest John Martyr and Ellen Mary, nee Goodwin. Ernest died when John was just three years old, and Ellen and the boys lived in East Brunswick and later Caulfield. John Martyr joined the Australian Labor Party at an early age and was active in BA Santamaria's Catholic Social Studies Movement, which was formed in Melbourne in 1941. John and his future wife, Doris Helen Dent, were expelled from the Elsternwick branch of the ALP when the split took place in Victoria in 1955. The following year, John and Doris were married at St Patrick's church at Murrumbeena. They became foundation members of what would soon become known as the Democratic Labor Party.</para>
<para>Living in Ferntree Gully, John worked as a sales representative, was a member of the Federated Clerks Union and was active in the local debating society. He directed the DLP's state election campaign from Scoresby in 1958, and he ran for the DLP in a by-election for the federal seat of La Trobe in 1960. In 1964, John became the Western Australian secretary of the DLP. I suspect he took over from Mark Poser, who had by then moved to South Australia. Over the next seven years, he unsuccessfully contested every state and federal election for the DLP before resigning as state secretary in 1971 and from the party in 1972. He became a consultant working for clients including mining magnate Lang Hancock.</para>
<para>By June 1972, Martyr had become the vice-president of the Victoria Park branch of the West Australian Liberal Party. In 1975 he was preselected as the Liberal candidate for the federal seat of Swan and defeated the sitting Labor member, Adrian Bennett, at that election. Holding Swan by a narrow margin, John Martyr's early focus was on working for his constituency, but he was also outspoken on some contentious issues, including the secession of Western Australia. Martyr warned parliamentary colleagues not to underestimate the strength of support for the idea, telling parliament, 'Sometimes we get the feeling that you do forget us.' He wrapped up that speech by highlighting the importance of mining in the Australian economy and later argued in favour of Australia's mining and exporting of uranium.</para>
<para>John Martyr achieved a surprise win at the 1977 election, beating his ALP opponent by 689 votes. In June 1979 <inline font-style="italic">The Australian</inline> described him as one of the toughest men on the Liberal backbench but noted, 'He shuns publicity and rarely speaks in parliament or in the party room.' Martyr said, 'The only way to hold a seat like mine is to knock on doors and tramp along footpaths.' But in 1980 he lost Swan to future Labor leader and now Governor of Western Australia Kim Beazley. Not long after that loss, he beat 12 other candidates to win Liberal preselection for a casual Senate vacancy. He reportedly impressed the preselection committee, made up of a Liberal state council of more than 100 members, with a fiery speech. He later told the Senate, 'I was very surprised that they chose me for, in my blunt way, I said a few things to them which may not have been at the time in my best interests.' His nomination was endorsed by the WA parliament and he was sworn in on 24 March 1981. In true form he asked a question without notice before delivering his first speech. When he did make his first speech he referred—and this was a quote that the Senate leader referred to in his comments—to his earlier parliamentary first speech saying, 'It's not every day or even every year that a blushing neophyte like myself has a chance to be a maiden twice.' Martyr was not elected in the 1983 election, which saw Bob Hawke lead Labor to victory and into government.</para>
<para>One issue that John Martyr pursued in both houses was the case of Christopher Derkacz, a young boy with Down Syndrome. Christopher was admitted to a WA hospital after developing croup and, according to Martyr and others, was not given adequate care because he had a disability. Having first raised the issue in the House of Representatives in 1979, John Martyr strongly supported Brian Harradine when he raised the same issue in the Senate in 1981. Their advocacy resulted in bipartisan support for a motion noting the case and calling for particular attention to be given to ensure the preservation of life and proper health care of disabled persons who incur some additional form of illness.</para>
<para>Speakers paying tribute to those who had left the Senate at the 1983 election recalled Martyr's capacity to discomfit them and to drive them mad. However, as the Australian Democrats leader, Senator Don Chipp, said, 'John Martyr had a great capacity to love and be loved.' Shortly after his defeat, Martyr experienced a health scare and, in his own words, slipped into the background. John Martyr died at home on 18 June. Throughout his career he was firmly supported by his wife, Doris. He is survived by Doris, their seven children and their spouses, 23 grandchildren and 12 great-grandchildren. I again express the opposition's condolences on his passing. Our sympathies go to his family, friends and former colleagues.</para>
<para>Question agreed to, honourable senators standing in their places.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>MOTIONS</title>
        <page.no>56</page.no>
        <type>MOTIONS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>COVID-19: Income Support</title>
          <page.no>56</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>15:54</time.stamp>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I seek leave to move a motion relating to Australians in lockdown who are without sufficient access to income support, as circulated in the chamber.</para>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>Is leave granted? Leave is not granted.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
  </talker>
  <para>I move:</para>
<quote><para class="block">That so much of the standing orders be suspended as would prevent Senator Siewert from moving a motion to provide for the consideration of a matter; namely, a motion to provide that a motion relating to Australians in lockdown may be moved immediately and take precedence over all other business until determined.</para></quote>
<para>This is an extremely important motion. I move:</para>
<quote><para class="block">That the Senate notes:</para></quote>
<quote><para class="block">That hundreds of thousands of people are in lockdown across Australia without sufficient access to income support and calls on the Government to provide a disaster payment to all those on income support.</para></quote>
<para>We should suspend standing orders because right now hundreds of thousands of people are in lockdown without access to income support that is sufficient to meet their needs. We are in the middle of a pandemic health emergency like no other. People have lost their jobs and their incomes, and this is happening right now. This is why it is so urgent.</para>
<para>The Morrison government refuses to provide people with adequate income support. The COVID disaster payments are only available to people who have lost eight hours or more of work a week. There are hundreds of thousands of people out there on income support who work less than eight hours a week and they are missing out on access to income support right now. They can't put food on the table adequately, they can't pay their rent, they can't afford medications and they can't properly provide for their kids. There is no doubt in my mind that this is a deliberate decision by the Morrison government, a deliberate choice, to exclude people on income support from accessing additional payments.</para>
<para>We can't afford to keep having these conversations. People are suffering right now. People cannot afford to wait any longer for the support they desperately need. This is why we should be talking about this in this chamber. This is why we need to be talking about it right now. I am hearing from people who have no way of paying their bills. They can't put adequate food on the table. They can't afford the bare essentials. There has been a dramatic increase in financial stress. If you haven't been hearing about it, you haven't been paying attention. Requests for food, emergency relief, financial support, housing support and mental health services are reaching record levels right now. People are at risk of homelessness, of losing the roof over their head. Single mothers are shouldering the cost and responsibility for home schooling. Foodbank is being flooded with requests for emergency support.</para>
<para>Hundreds of thousands of people in lockdown are trying to survive lockdown on income support levels below the poverty line. Without adequate income support, people have no choice but to leave their homes in search of work or emergency supplies. They have no choice but to risk getting COVID and potentially spreading it to other people. They do not want to be doing this but they are given no choice. This is happening right now in lockdown. This is a public health emergency, and the government has a responsibility to ensure that people can afford to stay at home.</para>
<para>The Delta outbreak will continue to wreak havoc with people's lives until we are all fully vaccinated. We cannot beat COVID if people are forced to make the terrible choice between going out to look for work or going without food because they are unable to access adequate income support. COVID doesn't discriminate based on whether you have lost more than eight hours of work a week or you've lost less than eight hours a week. Therefore, the government shouldn't either, but they are. They are discriminating against people who were working less than eight hours a week or, in fact, have not been able to find work. They get no additional support. This is outrageous.</para>
<para>The Morrison government must act now. This is why the Senate needs to talk about this. They must act to ensure that all people on income support, regardless of whether they have lost work, are able to access COVID disaster payments in lockdown. If we want people to be able to eat, clothe themselves, keep a roof over their heads and not have to go out, because they are forced to, to look for money and a job, because they are not getting adequate support, we need to be providing additional support right now to those people who are not getting any additional support or disaster payments. This is critically important to all those who are trying to survive lockdown on income support payments that keep them below the poverty line, that keep them having to go out to try and find work to make ends meet, or else they end up on the street—and you can't stay home if you don't have a home. Increase people's money while they're at home. Make sure that everybody on income support has access to a COVID disaster payment. <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>16:00</time.stamp>
    <name role="metadata">Senator RUSTON</name>
    <name.id>243273</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the question be now put.</para></quote>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>The question is that the question be now put.</para>
</interjection>
</speech>
<division>
          <division.header>
            <body>
              <p class="HPS-DivisionPreamble">The Senate divided. [16:05]<br />(The Deputy President—Senator Lines)</p>
            </body>
          </division.header>
          <division.data>
            <ayes>
              <num.votes>25</num.votes>
              <title>AYES</title>
              <names>
                <name>Askew, W</name>
                <name>Brockman, S</name>
                <name>Canavan, MJ</name>
                <name>Chandler, C</name>
                <name>Davey, P</name>
                <name>Duniam, J</name>
                <name>Gallagher, KR</name>
                <name>Hughes, H</name>
                <name>Hume, J</name>
                <name>Lines, S</name>
                <name>McGrath, J</name>
                <name>McMahon, S</name>
                <name>O'Sullivan, MA</name>
                <name>Paterson, J</name>
                <name>Pratt, LC</name>
                <name>Rennick, G</name>
                <name>Roberts, M</name>
                <name>Ruston, A</name>
                <name>Scarr, P</name>
                <name>Small, B</name>
                <name>Smith, DA (teller)</name>
                <name>Stoker, AJ</name>
                <name>Urquhart, AE</name>
                <name>Van, D</name>
                <name>Watt, M</name>
              </names>
            </ayes>
            <noes>
              <num.votes>6</num.votes>
              <title>NOES</title>
              <names>
                <name>Hanson-Young, SC</name>
                <name>Lambie, J</name>
                <name>McKim, NJ</name>
                <name>Siewert, R (teller)</name>
                <name>Waters, LJ</name>
                <name>Whish-Wilson, PS</name>
              </names>
            </noes>
            <pairs>
              <num.votes>0</num.votes>
              <title>PAIRS</title>
              <names />
            </pairs>
          </division.data>
          <division.result>
            <body>
              <p class="HPS-DivisionFooter">Question agreed to.</p>
            </body>
          </division.result>
        </division><speech>
  <talker>
    <time.stamp>16:06</time.stamp>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
    <electorate></electorate>
  </talker>
  <para>The question is that the motion moved by Senator Siewert to suspend the standing orders be agreed to.</para>
</speech>
<division>
          <division.header>
            <body>
              <p class="HPS-DivisionPreamble">The Senate divided. [16:08]<br />(The Deputy President—Senator Lines)</p>
            </body>
          </division.header>
          <division.data>
            <ayes>
              <num.votes>5</num.votes>
              <title>AYES</title>
              <names>
                <name>Hanson-Young, SC</name>
                <name>McKim, NJ</name>
                <name>Siewert, R (teller)</name>
                <name>Waters, LJ</name>
                <name>Whish-Wilson, PS</name>
              </names>
            </ayes>
            <noes>
              <num.votes>25</num.votes>
              <title>NOES</title>
              <names>
                <name>Askew, W</name>
                <name>Brockman, S</name>
                <name>Canavan, MJ</name>
                <name>Chandler, C</name>
                <name>Davey, P</name>
                <name>Duniam, J</name>
                <name>Gallagher, KR</name>
                <name>Hughes, H</name>
                <name>Hume, J</name>
                <name>Lambie, J</name>
                <name>Lines, S</name>
                <name>McGrath, J</name>
                <name>McMahon, S</name>
                <name>O'Sullivan, MA</name>
                <name>Paterson, J</name>
                <name>Rennick, G</name>
                <name>Roberts, M</name>
                <name>Ruston, A</name>
                <name>Scarr, P</name>
                <name>Small, B</name>
                <name>Smith, DA</name>
                <name>Stoker, AJ</name>
                <name>Urquhart, AE (teller)</name>
                <name>Van, D</name>
                <name>Watt, M</name>
              </names>
            </noes>
            <pairs>
              <num.votes>0</num.votes>
              <title>PAIRS</title>
              <names />
            </pairs>
          </division.data>
          <division.result>
            <body>
              <p class="HPS-DivisionFooter">Question negatived.</p>
            </body>
          </division.result>
        </division></subdebate.1></debate>
    <debate><debateinfo>
        <title>BUSINESS</title>
        <page.no>58</page.no>
        <type>BUSINESS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Leave of Absence</title>
          <page.no>58</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:10</time.stamp>
    <name role="metadata">Senator URQUHART</name>
    <name.id>231199</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>by leave—I move:</para>
<quote><para class="block">That leave of absence be granted to Senators Keneally, Ciccone, Kitching, Green, Bilyk, McAllister, Sheldon, Ayres, Dodson, McCarthy, Gallacher, Marielle Smith, Walsh and Polley from 9 to 12 August 2021 for personal reasons.</para></quote>
<para>Question agreed to.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Leave of Absence</title>
          <page.no>58</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:10</time.stamp>
    <name role="metadata">Senator DEAN SMITH</name>
    <name.id>241710</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>by leave—I move:</para>
<quote><para class="block">That leave of absence be granted to the following senators from 9 to 12 August 2021:</para></quote>
<quote><para class="block">(a) Senator Colbeck, for returned international traveller quarantine compliance;</para></quote>
<quote><para class="block">(b) Senators Bragg, Fierravanti-Wells and McDonald, for COVID-19 travel restrictions;</para></quote>
<quote><para class="block">(c) Senator Molan, for medical reasons; and</para></quote>
<quote><para class="block">(d) Senators Abetz, Antic, Fawcett, Griff, Hanson, Henderson and McLachlan, for personal reasons.</para></quote>
<para>Question agreed to.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Leave of Absence</title>
          <page.no>58</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:11</time.stamp>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>by leave—I move:</para>
<quote><para class="block">That leave of absence be granted toSenators Rice, Thorpe, Steele-John and Faruqi from 9 to 12 August 2021 for COVID-19 related reasons.</para></quote>
<para>Question agreed to.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>NOTICES</title>
        <page.no>59</page.no>
        <type>NOTICES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Postponement</title>
          <page.no>59</page.no>
        </subdebateinfo></subdebate.1></debate>
    <debate><debateinfo>
        <title>COMMITTEES</title>
        <page.no>59</page.no>
        <type>COMMITTEES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Reporting Date</title>
          <page.no>59</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:12</time.stamp>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
    <electorate></electorate>
  </talker>
  <para>I remind senators that the question may be put on any proposal at the request of any senator.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>BUSINESS</title>
        <page.no>59</page.no>
        <type>BUSINESS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Consideration of Legislation</title>
          <page.no>59</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:12</time.stamp>
    <name role="metadata">Senator DUNIAM</name>
    <name.id>263418</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Environment Protection and Biodiversity Conservation Amendment (Streamlining Environmental Approvals) Bill 2020 and the Environment Protection and Biodiversity Conservation Amendment (Standards and Assurance) Bill 2021 may be taken together for their remaining stages.</para></quote>
<para>Question agreed to.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>59</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Modern Manufacturing Initiative</title>
          <page.no>59</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Order for the Production of Documents</title>
            <page.no>59</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>16:13</time.stamp>
    <name role="metadata">Senator WATT</name>
    <name.id>245759</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That there be laid on the table by the Minister representing the Minister for Industry, Science and Technology, by no later than 9.30 am on Wednesday, 11 August 2021, the decision briefs and merit assessment packs prepared by the Department of Industry Science, Energy and Resources with respect to the Translation and Integration funding streams of the Modern Manufacturing Initiative.</para></quote>
<para>Question agreed to.</para>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>MOTIONS</title>
        <page.no>59</page.no>
        <type>MOTIONS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Commonwealth Integrity Commission</title>
          <page.no>59</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:13</time.stamp>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
    <electorate></electorate>
  </talker>
  <para>We're now moving to a deferred vote. Last Thursday, a division was deferred on a motion moved by Senator Carr for the closure of debate on general business notice of motion No. 1203. I understand it suits the convenience of the Senate to hold that division now. If the motion is agreed to, I will then put the question on the substantive motion as moved by Senator Gallagher. If the motion is negated, it means general business notice of motion No. 1203 will be placed on the general business list and be available for consideration at a later date. We will then move to the next item of business. The question is that the motion moved by Senator Carr, that the question be now put, be agreed to.</para>
</speech>
<division>
          <division.header>
            <body>
              <p class="HPS-DivisionPreamble">The Senate divided. [16:18]<br />(The Deputy President—Senator Lines)</p>
            </body>
          </division.header>
          <division.data>
            <ayes>
              <num.votes>15</num.votes>
              <title>AYES</title>
              <names>
                <name>Brown, CL</name>
                <name>Carr, KJ</name>
                <name>Chisholm, A</name>
                <name>Farrell, D</name>
                <name>Gallagher, KR</name>
                <name>Hanson-Young, SC</name>
                <name>Lambie, J</name>
                <name>McKim, NJ</name>
                <name>O'Neill, D</name>
                <name>Pratt, LC</name>
                <name>Siewert, R</name>
                <name>Urquhart, AE (teller)</name>
                <name>Waters, LJ</name>
                <name>Watt, M</name>
                <name>Whish-Wilson, PS</name>
              </names>
            </ayes>
            <noes>
              <num.votes>17</num.votes>
              <title>NOES</title>
              <names>
                <name>Askew, W</name>
                <name>Canavan, MJ</name>
                <name>Davey, P</name>
                <name>Duniam, J</name>
                <name>Hume, J</name>
                <name>McKenzie, B</name>
                <name>McMahon, S</name>
                <name>O'Sullivan, MA</name>
                <name>Payne, MA</name>
                <name>Rennick, G</name>
                <name>Reynolds, L</name>
                <name>Roberts, M</name>
                <name>Ruston, A</name>
                <name>Scarr, P</name>
                <name>Seselja, Z</name>
                <name>Smith, DA (teller)</name>
                <name>Stoker, AJ</name>
              </names>
            </noes>
            <pairs>
              <num.votes>0</num.votes>
              <title>PAIRS</title>
              <names />
            </pairs>
          </division.data>
          <division.result>
            <body>
              <p class="HPS-DivisionFooter">Question negatived. </p>
            </body>
          </division.result>
        </division><speech>
  <talker>
    <time.stamp>16:20</time.stamp>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
    <electorate></electorate>
  </talker>
  <para>Because the vote was negated, general business notice of motion No. 1203 will be placed on the general business list and will be available for consideration at a later date.</para>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>MATTERS OF PUBLIC IMPORTANCE</title>
        <page.no>60</page.no>
        <type>MATTERS OF PUBLIC IMPORTANCE</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Prime Minister</title>
          <page.no>60</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>16:21</time.stamp>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>30484</name.id>
    <electorate></electorate>
  </talker>
  <para>I inform the Senate that, at 8.30 am today, 14 proposals were received in accordance with standing order 75. The question of which proposal would be submitted to the Senate was determined by lot. As a result, I inform the Senate that the letter from Senator Urquhart proposing a matter of public importance was chosen:</para>
<quote><para class="block">Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:</para></quote>
<quote><para class="block">The Prime Minister's refusal to take responsibility and be accountable, more concerned about passing the buck than coming clean.</para></quote>
<para>Is the proposal supported?</para>
<para class="italic"> <inline font-style="italic">More than the number of senators required by the standing orders having risen in their places—</inline></para>
<interjection>
  <talker>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>30484</name.id>
  </talker>
  <para>I understand that informal arrangements have been made to allocate specific times to each of the speakers for today's discussion. With the concurrence of the Senate, I shall ask the clerks to set the clock accordingly.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>16:21</time.stamp>
    <name role="metadata">Senator O'NEILL</name>
    <name.id>140651</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>I congratulate my colleague Senator Urquhart here in the Senate, who is doing a sterling job as the whip—a lot more than is required normally. Senator Urquhart has really hit the nail on the head in terms of one of the big concerns that people in Australia should be worried about, and that is this Prime Minister's refusal to take responsibility and to be accountable, and his displaying day in and day out, in front of that microphone that he graces with his presence, that he is more concerned about passing the buck than actually coming clean with the Australian people. It's that real talk that Senator Urquhart, for the great state of Tasmania, understands. She talks to her constituents. She understands the pain and suffering that's going on in that community. Happily, they're not locked down in COVID reality as we are in Sydney, but this is how people are perceiving this Prime Minister: a man who is incapable of telling the truth, who wants to pass the buck and who can't come clean with the Australian people.</para>
<para>We've seen this time after time. The Prime Minister's inability to accept responsibility for any of the failures and policy stuff-ups that have littered his three years in office is now becoming extraordinary. It's a mounting list of permanent denials and failures, and there is self-aggrandisement for his version of reality, which just doesn't match what's happening to people. He was asked about the car park rorts. What did he say? He said, 'The minister makes that decision.' And, when he's asked about the top 20 marginal seats and a list that was in his office, he makes a comment like, 'Oh, I refer to my previous comments.' A man who's telling you the truth doesn't say, 'I refer to my previous comments.' He actually tells you: 'No, I didn't see that chart. I didn't see that colour coded chart.'</para>
<para>This Prime Minister cannot tell the truth and is obsessed with covering up his disgraceful tracks that reveal, for those who can see it—because we're up pretty close and personal here in the Labor Party; we can see it day after day—a constant failure to actually own up to the truth and to govern with integrity. His answer to sports rorts was, 'Oh, no, that didn't happen.' Then he takes Bridget McKenzie's scalp and sits her outside for a little while, but he has brought her back into the game. Everyone knows 'sports rorts' was a rort.</para>
<para>Mr Morrison's answer to the alleged rape allegations in the ministerial wing: 'I've got no idea about that.' He's at the microphone, spouting off what he wants to say, but the minute he's asked a hard question this is the man who runs. He runs and hides and has the support of his entire party, who continue to accept him as leader, despite the shameful behaviour that we see. He was asked about the bushfires. He was called on to respond for Australians, and what was his response? 'Mate,' as he says, trying to be your friend, 'I don't hold a hose.' There's a lot that mate doesn't hold. He doesn't hold his role in any high esteem. Otherwise, as the Prime Minister of Australia, he would not be running from the truth. He would not be engaged in permanent cover-up. We see with this Prime Minister a craven refusal to accept even the most minute criticism of his responsibility. It is absolutely shameful and it harms the spirit of this place. Australia needs a leader with integrity, now more than ever. Instead, we have this micro-middle manager of myth, who heads out on a Friday afternoon to do a press conference in what's often described by those who have been around this place a long time as the hour when you take out the trash, hoping that people don't notice what's going on.</para>
<para>I've already mentioned just a couple of the rorts—the sports rorts and the alleged rape in parliament. There have been car park rorts, and there's so much more deception. But today I really want to focus on the robodebt failure, which is a disgraceful cover-up that continues to this day. Everyone knows what robodebt is, but this government and its senior advisers and senior representatives of the department tried to convey that they didn't understand what robodebt was. Everybody knows what it is. It's where this government ripped off the Australian people, creating and sending them illegal invoices. That is what happened. It's been a failure from start to finish. They tried to use terms like 'legally insufficient' to cover up the morally unthinkable—that the government would serve illegal debts on its own people. They are still trying to hide from the reality of what they did and the cover-up and the stench of what robodebt was.</para>
<para>For people who are listening to this debate across the country, perhaps driving in a car or maybe tilling on a machine, or stuck at home, unable to move around because of the failures of this government to roll out the vaccine in time, I want you to understand what a public interest immunity claim is. That's when the government says: 'It's not in the public interest to know what's going on. We need to keep this secret.' One of the things they wanted to keep secret was everything to do with robodebt. We know from inquiries that they knew it was illegal at least three years before they pulled up on it—at least three years. We know that the public interest immunity claim was made by the then Minister for Government Services as far back at 24 January 2020. So when the government makes this claim it means, 'We don't have to answer, because it's not in your interests to know.' They reiterated that claim again on 29 July 2020, and the minister sent a letter to the committee saying that they would not release legal advice relating to this income compliance program—that's the nice name they have for robodebt—or on a very broad range of matters related to the PII claim. The letters went backwards and forwards to the committee, dated 13 August, in response to Senate orders. So the Senate itself required the same information. That was last year, October 2020. The minister not only decided that he was going to stick with the PII claim; he expanded the claim. Then the minister went on to assert that disclosing the content of any legal advice—to the Australian people, to the Senate or to the committee that was overseeing the matter—even the date that the legal advice was given, would have the potential to prejudice the Commonwealth's ability to defend litigation. The Senate has rejected their claims, but the government don't care. Mr Morrison doesn't care. He's on for the cover-up every single time, every single day. He cannot come clean with the truth; he cannot tell the truth to the Australian people.</para>
<para>They said that they couldn't do anything until the class action was settled. The class action was finally settled, and that means the government actually, finally, under the jurisdiction of the law in a court, had to admit that the they had illegally sent debts to Australian people. The government acted illegally. They settled it. Some people got their money back, but lives have been lost in the middle of this and they're never coming back. And all of this terrible action by this government was covered up and continues to be covered up to this day.</para>
<para>The committee overseeing robodebt has tabled three interim reports on its inquiry. In two of those reports, tabled in February and September, they rejected the claims that the material should be withheld from the Australian people and recommended that the Senate itself order the government to produce the information either to the Senate or to the committee. The committee has also recommended that the Senate order the Minister representing the Minister for Government Services to attend the Senate and make an explanation of why the government continues to rely on the public interest immunity claim, which has been rejected by the Senate. The Senate adopted that recommendation on 11 February and 2 September 2020, and on 6 October the minister did come in and provide an explanation of why the government thought the cover-up was such a good idea.</para>
<para>I can tell you that, as of today, the robodebt black box still continues. The court case is settled. There is no reason for a PII to continue. The government needs to come clean, bring the information to the Senate as requested and stop disregarding the Senate, which oversees the government for the people of Australia. The public interest immunity claim is just another tool of cover-up by this government, which, as Senator Urquhart so wisely said, is more concerned about passing the buck than coming clean. <inline font-style="italic">(Time expired)</inline></para>
</speech>
<speech>
  <talker>
    <time.stamp>16:31</time.stamp>
    <name role="metadata">Senator RENNICK</name>
    <name.id>283596</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>This matter of public importance is typical Labor: it's all about playing the man and not the facts. I just want to touch on Senator O'Neill's comments about the bushfires. That was one of the most egregious displays of political partisanism I've ever seen. State governments are responsible for national parks, they're responsible for fire and emergency services, and they're responsible for zoning. And can I add that in 2009, when 180 people died in Victoria on Black Saturday, you didn't see the federal coalition, who was in opposition at the time, blaming Kevin Rudd for the bushfires, because it was a state issue—all the things that deal with bushfires. Obviously these things will happen in Australia at the worst of times, when you have a dry summer, but Senator O'Neill makes a partisan political point out of this when the responsibility lies with the state governments.</para>
<para>Anyone who is from the bush—and I do a lot of mountain biking, hiking and all that sort of stuff through national parks—can see the undergrowth rise. In my home state of Queensland, the Queensland state government is banning beekeepers from keeping their bees in national parks. You might say: 'Big deal. What's that got to do with the management of national parks?' It's because those beekeepers keep the fire trails open. There are a lot of issues. It's well known that state governments are allowing houses to be built in flood and fire zones and it's well known that there have been cuts across all state governments. I'm not picking on sides here in terms of parties. There's been a cut to spending on fire and emergency services, especially when you consider the amount of residential development that's going on near state forests. I happen to live in a part of Brisbane where I have an open block, an acreage, but I drive back into town and I think to myself: 'If a match ever goes off here, there are those houses. I don't know why they're allowed to be there.' It's funny.</para>
<para>The other thing I want to pick up Senator O'Neill on is the public interest immunity point, because that's exactly what the Auditor-General said to me last week in replies to questions on notice when I asked for documentation of minutes of meetings that the Auditor-General had with staff in the department of infrastructure over the Leppington Triangle purchase. Funnily enough, he's claimed public interest immunity. He doesn't want to give me the documentation, which is a little bit of the pot calling the kettle black. At the end of the day, he's criticised the Morrison government for not keeping documentation, but he himself doesn't want to give the documentation.</para>
<para>Isn't an audit all about transparency? So why won't the Auditor-General come clean on his own record keeping? I've also put that question to him over the car parks. I'm looking forward to seeing if he's got any documentation he wants to hand over on that. As a senator, I sit in a house of review; a bureaucrat shouldn't be trying to cover up documentation if it exists. There's a question as to whether it exists at all. Some people might think that he didn't interview anyone from the Department of Infrastructure, Transport, Regional Development and Communications before he referred it to the police, given that he didn't really refer to any meetings in his audit report, nor did he refer to any meetings with the Australian Government Solicitor about the due diligence process. I've read those papers, which were released last week, and it was mentioned a number of times that there had been meetings with the Australian Government Solicitor. Don't you think the Auditor-General would have spoken with the Australian Government Solicitor? It appears that he didn't.</para>
<para>There's a real question of negligence when it comes to this Auditor-General. As someone who's got almost 30 years in finance, let me tell you that the audit work that he's done on the value of the Leppington Triangle was the worst work I've ever seen. Blind Freddie, or anyone who knows their accounting standards—AASB 13, paragraphs 29 to 31—knows that you have to value land at best use, regardless of intent. If you take in the valuation standards, they say you've got to consider future potential value. This stuff isn't difficult to understand.</para>
<para>I'll get onto the issue of the day, which is COVID. We hear that somehow the Morrison government is passing the buck. Well, nothing could be further from the truth. I've got in front of me the National Partnership on COVID-19 Response, which was agreed to at the start of the COVID outbreak. On page 4, paragraph 20(a), 'Financial Arrangements', it says that the Commonwealth has agreed to: 'an upfront advanced payment of $100 million to the states to be paid on a population share basis.' Straightaway the federal government has put in $100 million to state health. On top of that, for hospital service payments, they have agreed:</para>
<quote><para class="block">The Commonwealth will provide a 50 per cent contribution for costs incurred by States, through monthly payments, for the diagnosis and treatment of COVID-19 including suspected cases.</para></quote>
<para>Given that health isn't the responsibility of the federal government—and we're constantly reminded by Labor that quarantine and vaccination isn't the responsibility of state governments—it's amazing how the states and Labor never want to acknowledge the contribution made by the federal government in helping them deal with COVID. It would be nice to get a little bit of recognition for a change from the Labor Party, rather than them playing partisan politics when we should all be working together on this. There is a gross hypocrisy if you compare the treatment of the COVID pandemic to the treatment of the swine flu pandemic in 2009. Nicola Roxon, the then health minister, was basically told by the experts to shut the country down. She ignored that advice; she said we can't shut the country down. You didn't see the coalition trying to stir up hysteria and terrify everyone for the sake of making a few political points.</para>
<para>I'll finish up on the overarching arrangements in the COAG agreement for state public health payments:</para>
<quote><para class="block">The Commonwealth will provide a 50 per cent contribution for costs incurred by States, through monthly payments, for other COVID-19 activity undertaken by State public health systems for the management of the outbreak.</para></quote>
<para>So the Commonwealth has been making an enormous contribution to the financial costs of dealing with COVID-19, which is a state responsibility. Not only do we have a COVID crisis in this country; we have a health crisis. If you look at the health funding that's been given to state governments since the coalition came to power in 2013, it has increased from $13 billion to $26 billion. It has increased by 100 per cent in eight years. That is double-digit growth, year on year. Despite that, the state governments are saying they need more time to get their hospital systems up to speed et cetera.</para>
<para>You know what? It's interesting—if you go and look at the Australian Institute of Health and Welfare figures, the decline in the number of beds per thousand people since 1980 has been shocking. In 1980 there were 6.4 beds per 1,000 people. By 2017-18, which is the last year available at the moment, it is down to 3.6 beds. In other words, if you assume that the population of Australia has increased by a little bit over double since 1980, and the number of beds has almost halved—it's down by about 43 per cent—state governments have hardly added any beds to the hospital system and the health system since 1980. This is gross underfunding by state governments.</para>
<para>I'll point out another thing about Toowoomba and this whole Wellcamp issue. I know Toowoomba quite well, having gone to school there and being from Chinchilla. The Toowoomba base hospital is in dire need of a $2 million upgrade. That's why we couldn't put a quarantine centre there, because there wasn't a tier 1 hospital. Now, the good people of Toowoomba deserve a tier 1 hospital, but of course the Queensland state Labor government—they've been in power for the best part of 30 years—have failed to put that $2 million into the upkeep of the Toowoomba general base hospital.</para>
<para>And it doesn't end there. We've got hospital ramping increasing big time. We just read in the <inline font-style="italic">Courier-Mail</inline> last night how a lady had to wait nine hours for an ambulance.</para>
<para>A government senator: Nine hours!</para>
<continue>
  <talker>
    <name role="metadata">Senator RENNICK</name>
    <name.id>283596</name.id>
  </talker>
  <para>Nine hours. And I can relate to that, because, when my mum had a stroke in Chinchilla—after having been a nurse herself for 40 years—it took 18 hours to get her to Brisbane, 280 kilometres away.</para>
<para>Then there's the other issue of the closure of maternity wards. Forty maternity wards have closed in Queensland in the last 30 years under the Labor government. This is the party that claims to protect women, and yet they're shutting down maternity wards in the regions faster than the funding. But a lot of these towns are a lot bigger than they used to be.</para>
<para>I will finish by talking on vaccines. I've got an article here. It says the World Health Organization came out in September last year and said that they didn't expect vaccines to be available by mid-2021. They said that phase 3 of the testing must take longer because we need to see how truly protective the vaccine is and we need to see how safe it is. Once Joe Biden was elected, suddenly the vaccines were available. But the point of the matter is: with Pfizer, it's an mRNA vaccine—it is new technology. There haven't been the manufacturing hubs available to export this. Interestingly enough, I've got another article from Reuters here: 'Pfizer begins exporting US-made COVID vaccine to Mexico'—that was 29 April. In other words, the US didn't even start exporting Pfizer vaccines until late April this year, and somehow those opposite us are running around with unfounded allegations made by Norman Swan that somehow we were going to have 40 million available to us at the start of this year. How do these guys make this stuff up? So if anyone's got— <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>16:42</time.stamp>
    <name role="metadata">Senator FARUQI</name>
    <name.id>250362</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>[by video link] What is the one job that is expected of the Prime Minister of a country? It's to be a leader, to make decisions for the good of the public and the planet and to be accountable for them—when they bring glory but also when they are bad decisions. Mr Morrison's track record is marred with not just bad decision after bad decision but, like Teflon, any notion of responsibility just slides off his back. Shirking responsibility has become an art form for this spin-over-substance Prime Minister.</para>
<para>We are in the seventh week of a COVID lockdown that has brought New South Wales to a standstill, to its knees. It is causing havoc in people's lives and for their livelihoods. Communities are under immense financial and health stress. They are anxious and traumatised at being separated from families due to border closures. All this because the Prime Minister of this country didn't get his act together on vaccine supply, denied the urgency of vaccination and kept giving mixed messages to the public and then couldn't even take responsibility for his botch-up and apologise properly. What arrogance!</para>
<para>Dodging responsibility, though, is nothing new for Mr Morrison. Who can forget his Hawaiian holiday in the middle of the worst climate induced bushfires we have experienced? And, when questioned about it, he told us: 'I don't hold a hose, mate, and I don't sit in the control room.' Utterly shameful!</para>
<para>And what about the sports rorts saga, where the Prime Minister consistently denied having any involvement and kept passing the buck, even after evidence of his office's involvement was revealed? Mr Morrison has not only refused the calls from tens of thousands for an independent inquiry into allegations of sexual assault but has appointed the minister against whom the allegations were made Leader of the House. Complete and utter bankruptcy! Let's be honest: Scott Morrison is not a leader, nor fit to be Prime Minister. <inline font-style="italic">(Time expired)</inline></para>
</speech>
<speech>
  <talker>
    <time.stamp>16:44</time.stamp>
    <name role="metadata">Senator GREEN</name>
    <name.id>259819</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>[by video link] I have been taken aback by some of the comments from government ministers and also government senators today during this MPI. It is clear that the government wants to do anything other than take responsibility for the rorting of programs, for bad administration. It shows a lack of responsibility but also a lack of respect for the Australian people and public funding. As we've seen, they have tried today to make personal attacks on the Auditor-General. We've also seen them making false comparisons between election commitments and the spending of public money. We've seen the Prime Minister and ministers refusing to answer questions about this latest car park rorts scandal. We've had ministers running away from press conferences before answering questions, and we've had the Prime Minister saying that Australians are the winners from his rorting behaviour. What we know is that this latest commuter car park scandal demonstrates that the government and the Prime Minister really couldn't care less about accountability and responsibility.</para>
<para>We know that the Auditor-General's report showed that 87 per cent of funded projects went to coalition held or targeted electorates. We know that none of the 47 project sites selected were proposed by the department. We know that a project selection process that included canvassing projects with Liberal MPs, duty senators and candidates was the way that the government actually selected these sites, and we know that 10 commuter car parks were not even attached to a train station. We know that at least one of the projects was ineligible for funding and that only two of the car parks have actually been completed. A $660 million taxpayer funded program to win inner-city Liberal targeted seats at the last election is what we have on our hands, and the Australian public knows this. They understand it and they are disappointed, and they are giving up on this government delivering anything other than slush funds, slogans and excuses.</para>
<para>The other thing that strikes me when it comes to this car park scandal, this latest scandal following on from sports rorts—and I'm sure it won't be the last one that we see—is the brazenness of the government's delivery of this project. We know that the ANAO report into administration of commuter car park projects said that the Prime Minister approved 27 urban car parks in one day and that that was eight days after the Commuter Car Park Fund was established in the budget. They established the program, and then eight days later the Prime Minister himself approved 27 urban car park projects in one day. That's great for those inner-city Liberal seats, but compare that to the funding that we're still waiting for in regional Queensland.</para>
<para>On 20 July 2019 the same minister, Minister Tudge, who is responsible for the commuter car park program, told people in Townsville that they had secured the Haughton pipeline funding—$195 million. That was 751 days ago. On 4 August 2020 the local member told Townsville that the Townsville City Deal money would be spent on local projects. That was 370 days ago. The Prime Minister was able to deliver these car park projects and sign off on these projects within eight days of the fund being established, but people in Townsville are still waiting for at least $145 million of funding to be announced as projects. They still don't know where that funding will go or which projects will get that funding, and not a single dollar of that money has been spent. When it comes to buying votes in Liberal inner-city seats the Prime Minister is quick to act, but when it comes to delivering on the promises that he has made to people in regional Queensland, people who gave him their votes, he's a lot slower to act.</para>
<para>This government is being found out as a government that is all about winning votes, delivering announcements but not actually delivering on accountability— <inline font-style="italic">(Time expired)</inline></para>
</speech>
<speech>
  <talker>
    <time.stamp>16:49</time.stamp>
    <name role="metadata">Senator SCARR</name>
    <name.id>282997</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>First, can I ask: would it actually be possible for someone to put forward an MPI which isn't saturated in cliches? There are only 19 words in this MPI and it's got two cliches—two cliches in 19 words. That takes some talent. It's more concerned about passing the buck than coming clean. Is it actually possible to draft something that's clear, simple and direct, that has good grammar and that people can look at and say, 'Yes, I know what that means'? This has all the hallmarks—</para>
<para class="italic">Senator Chisholm interjecting—</para>
<continue>
  <talker>
    <name role="metadata">Senator SCARR</name>
    <name.id>282997</name.id>
  </talker>
  <para>I'll give you some cliches, Senator Chisholm. It's a dog's breakfast. It's a mare's nest. I can think of some other cliches which are probably not parliamentary. I look at it and think: where is the substance? Is it missing something? There's a comma there between 'accountable' and 'more'. It's as if maybe there were meant to be some words there. Maybe those on the other side couldn't decide whether they wanted to talk about car parks, whether they wanted to talk about robodebt, whether they wanted to talk about the member for Pearce or whether they wanted to talk about something else. It's all froth, to use another cliche. There's no substance in this thing, absolutely no substance in it whatsoever. It's bereft of substance.</para>
<para>If I went down the main street of the area in which I'm located, in Springfield, and I asked, 'What do you think is a matter of public importance?' I don't think I would come across anyone who would say that this nonsense is a matter of public interest or public importance. It's quite the contrary. It's the sort of nonsense which gives all of us in this place a bad name—the sort of cliched nonsense that gives everyone involved in politics a bad name, and that is unfortunate. It looks like a group drafting exercise gone wrong. I'm not sure if anyone is going to come clean as to who actually drafted this. I'm not sure whether they're going to take responsibility or they're going to pass the buck. It's a good example of why Thomas Jefferson, when he drafted the Declaration of Independence, was sitting in a room by himself, as opposed to being engaged in a group drafting competition.</para>
<para>Let's go to the substance of the resolution. It was interesting to hear all the different subjects that have been raised during the course of the debate, none of which appear in the MPI or were defined in the MPI. Car parks aren't mentioned in the MPI. The member for Pearce isn't mentioned in the MPI. Certainly the pipeline up at Townsville is not mentioned in the MPI. Of all the matters the debate has traversed in relation to this matter, none of them are actually mentioned in the text of the MPI.</para>
<para>Let's go to the substance, with respect to what substance there is. I think my colleague Senator Rennick hit the nail on the head—to use another cliche—that is, that this is Labor simply playing the man and not the ball, to use another cliche again. Let's see how many cliches Senator Scarr can get in his speech! You got two cliches in 19 words. Let's see how many I can get in my speech in the next six and a half minutes. There's a competition for us!</para>
<para>This is all about the opposition tipping a bucket—there's another cliche—in terms of their political discourse, rather than tackling the substance of the matter. It's all froth. I'll give you a quote, Mr Acting Deputy President, and you tell me—you probably can't tell me from the chair, but you might be able to tell me afterwards—whether or not this quote indicates someone who is not taking responsibility. I hope Australia is listening. Here is a quote from our Prime Minister, Australia's Prime Minister:</para>
<quote><para class="block">I take responsibility for the early setbacks in our vaccination program. I also take responsibility for getting them fixed and that we are now matching world's best rates, with more than a million doses every week.</para></quote>
<para>'I take responsibility.' How can you say our Prime Minister doesn't take responsibility? There's a quote: 'I take responsibility.' How is that someone not taking responsibility? 'I take responsibility.' I just don't get it. I don't get it.</para>
<para>In terms of being held accountable, the Prime Minister fronts up every day this parliament is in session. He turns up at question time and gets stones thrown at him—there's another cliche, or maybe it's a metaphor—by those opposite. Bricks are thrown at him from the sidelines, and he answers. He provides answers on the record which are broadcast to the Australian people. How is that someone not being responsible and accountable? I just don't get it. If you've got a prime minister—or anyone—who says, 'I take responsibility,' then they've taken responsibility. Hold them accountable, sure, but don't say that they haven't taken responsibility when they clearly have taken responsibility, because that's disingenuous and it misrepresents the facts of the matter. Those opposite should deal with the facts of the matter as opposed to dealing with some sort of fictional set of circumstances which don't apply.</para>
<para>The Prime Minister has taken responsibility. He can also take responsibility for the fact that this country has, based on projections, saved more than 30,000 lives during this pandemic. He can also take responsibility for the fact that, through JobKeeper, over three million Australians were assisted through the pandemic. He can also take responsibility for the fact that one million Australians were back in work after the JobKeeper program was lifted. He can also take responsibility for the hundreds of millions of dollars of support which the federal government is providing to people in New South Wales, Queensland, Victoria and, indeed, all jurisdictions hit by the lockdowns which are occurring.</para>
<para>The Prime Minister does take responsibility. He should take responsibility and it's important that he does so, but don't act as if our Prime Minister is not taking responsibility when the clear evidence and his direct quotes are to the contrary. Let's bear in mind that throughout this pandemic the Prime Minister has taken the best technical and expert advice that has been available. He has taken the best technical and scientific advice that has been available, including with respect to the vaccine rollout program—as he should. He obtains the advice from the best sources of that advice, he considers it and then he acts upon it. And then things can come. Things can arise. Circumstances change, such as the delta variant, and then you have to respond to the changed circumstances. Those opposite don't have to respond to changing circumstances—they're always the same. In the two years and one month that I've been in this place it has always been the same—the carping negativity. It doesn't change. The circumstances change but the carping negativity never changes. It never changes. They're just throwing rocks and bricks from the sidelines, and the Australian people see that.</para>
<para>You could have come into this place with a well-drafted MPI and actually spoken about a matter of substance, a matter that was truly a matter of public concern. But, no, you've forgone that opportunity, and it's all about base politics saturated in cliches. What a great shame. You could have come into this place and talked about the geopolitical situation the world is facing. You could have come into this place and talked about the mental health issues this country is facing and the best way for us to do things such as address the youth suicide rate in the Somerset Regional Council. Lowood has one of the highest youth suicide rates in this country—it's an absolute disgrace. How do we address that? How do we get all the agencies working together? How do we get the public sector agencies, the non-government organisations and our whole community mobilised to address the suicide rate in places like Lowood? That's something which is of concern to the Australian public.</para>
<para>Infrastructure spending is something that is of concern to the Australian public. We in Queensland—and Senator Roberts will know—are all sitting there waiting for the Queensland government to actually build some effective infrastructure apart from the Cross River Rail tunnel, but all their eggs are in the same basket—there's another cliche. About three or four electorates in the whole of Brisbane are going to get trains that will be maybe 10 minutes earlier because of the cross-river tunnel. What about the rest of Queensland? That's a matter of public importance. Why is it that my home state of Queensland has the lowest infrastructure spending per capita of any state in Australia? There's a matter of public importance, Senator Chisholm. Do you know why? Because they're broke. They managed to go through the biggest mining boom the world has ever seen and end up going backwards in terms of debt. It's an absolute disgrace. They have too many media and public-relations flunkies in the Premier's department and not enough people with picks and shovels actually building things in our home state.</para>
<para>Let's talk about Paradise Dam. That's a matter of public importance. Instead of building a dam they're tearing down Paradise Dam. That's a matter of public importance to the people of Queensland. Any number of matters of public importance are all ignored by Labor. <inline font-style="italic">(Time expired)</inline></para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>16:59</time.stamp>
    <name role="metadata">Senator ROBERTS</name>
    <name.id>266524</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>Yes, I'm concerned with the Prime Minister's refusal—and I'm even more concerned with our federal parliament's refusal—to take responsibility and be accountable. I'm more concerned about federal parliament passing the buck and not coming clean. For almost eight decades our parliament has been the plaything of three parties: Labor, Liberal and the Nationals. COVID exposed for all to see that Australia's manufacturing has been gutted and our independence lost. Despite our mineral and agricultural wealth, we're now dependent on other nations. Subsequent mismanagement of COVID is confirming parliament's shoddy governance.</para>
<para>I'll read a Queensland constituent's comment that she directed to our state's Labor government: 'You told us to stay home for two weeks to flatten the curve. We did as you asked, and 18 months later we're still locked in our homes. You kept brothels open yet closed churches. You tell us you're following the science yet force arbitrary restrictions with zero basis in science. You said, "We're all in this together," as we lost our jobs and you got pay rises. You made us quarantine in small hotel rooms while making special rules for Hollywood stars. You keep Australian citizens from returning home while allowing Caitlyn Jenner into the country to film <inline font-style="italic">Big Brother</inline>. You refuse individuals to visit relatives interstate yet give exemptions to an entire football squad. You tell us masks are unsafe then punish people who won't wear masks. You tell us AstraZeneca is unsafe for under-60s then only unsafe for under-50s, and now you urge us all to get it, sneering at us if we hesitate to follow your ever-changing advice. Your Chief Health Officer says no-one under 40 should be injected with it. You said we can't go overseas but that you simply must go overseas to pitch the Olympics. You told us that the Black Lives Matter march was safe yet say a protest for freedom is a superspreader. Is it any wonder millions of people question everything you say and have reached breaking point?'</para>
<para>Enough is enough. We have one flag. We are one community. We are one nation. To serve our flag, communities and nation, federal parliament needs to change.</para>
</speech>
<speech>
  <talker>
    <time.stamp>17:01</time.stamp>
    <name role="metadata">Senator LINES</name>
    <name.id>112096</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Well, we have here today a prime minister who won't take responsibility for anything, whether it's bushfires, whether it's sports rorts, whether it's car park rorts or whether it's the COVID quarantine situation or the rollout of the vaccines. He just will not take responsibility for any of those matters which fit fairly and squarely at his feet.</para>
<para>With the car parks rorting, we know the spreadsheets were in his office on the eve of the election. It was Mr Morrison, our Prime Minister, who signed off on those commuter car parks—a fund, as part of the Urban Congestion Fund, that had $4.8 billion in it to be rorted across a handful of Liberal marginal electorates. Now, if that isn't rorting on a grand scale, on an industrial scale, I don't know what is—seriously. Yet they try to shift the blame. We saw the former minister run away from media questions last week and then not answer them following that, saying he'd already answered them, when all we saw was his back as he ran quickly away from the media, who were asking the decent questions.</para>
<para>We've now got to the point where the Australian public has no confidence at all in what Mr Morrison or indeed his government can deliver, or when something's truthful and when it isn't. That's the appalling situation we've now got to, because there are so many rorts going on. And if it isn't rorts, it's complete bungling of the vaccine—it's hardly a rollout; it's so slow. A young friend of mine in New South Wales, where apparently we're trying to maximise doses and we're moving them around New South Wales to year 12 students as I speak, was told he couldn't get AstraZeneca until October. He's in a lockdown area and has been in lockdown for weeks. Yet we're told by the Minister for Health Aged Care and by Senator Colbeck, who represents the health minister in the Senate, that actually millions of doses are being made in Australia each week. Well, why is it that my young friend in New South Wales was told he couldn't get a dose until October? And that was because he sat on the phone for two days, going to doctor's surgery after doctor's surgery after doctor's surgery. Thankfully he's now picked up a clinic that has a few spare doses, but no thanks to Mr Morrison and his vaccine—no thanks to Mr Morrison at all.</para>
<para>What did we see today in this place? Labor asked questions about what is happening in ICUs and, sadly, how many people have lost their lives this year. We had the minister in this place who represents the health minister completely unable to answer those questions. I don't know anyone else who fails to do their job like this. As a long-term union official, in my view, he should have got the sack a very long time ago. Yet Senator Colbeck just keeps surviving. What is going on? The Prime Minister needs to take responsibility for what we saw today from Senator Colbeck—that silence again. How the bloke isn't embarrassed as the clock ticks down and he hasn't got the answers is beyond my comprehension. He's got 'health' in his ministerial title. I would have thought it would be an honour to be a minister in this government and to do your job properly and to have the information at hand. But, no. And Mr Morrison refuses to take responsibility for that.</para>
<para>This car park rort is now on an industrial scale—seriously. We've had a lot of them ready for approval apparently, and yet only two have been delivered. What a disgrace. But of course we know that the Prime Minister's got form on saying one thing when actually something else is happening. He said, 'I don't hold a hose, mate,' during the bushfires, when he wasn't even here. His office completely misrepresented the truth when they refused to say to the Australian public that he was actually in Hawaii on holidays, putting his feet up, while Australia burned. We've seen the sports rorts affair, and now we've got the car park rort. Both of those, according to the Audit Office, land fairly and squarely at Mr Morrison's feet. And, yet, he still denies any responsibility.</para>
<para>Remember when Mr Morrison said all Australians stranded overseas would be home by Christmas? He didn't mean Christmas this year; he meant Christmas last year. And, yet, we've got thousands of Australians stranded overseas. We've got capacity at Howard Springs and yet the Prime Minister refuses to take responsibility for quarantine, which is absolutely his responsibility.</para>
<para>Who could forget when Mr Morrison told Australians, over and over again: 'Don't you worry. Australia's at the front of the queue when it comes to vaccines.' What did we find? We found we were at the absolute end. We were at the bottom of the queue. How long did Mr Morrison know that before he was forced to actually tell Australians the truth? How long did he know it? Weeks? Months? Did he always know that we were never at the front of the queue? Mr Morrison is never straight with the Australian people, and his inability to take responsibility for these mistakes and mistruths is, quite frankly, dangerous. It really is dangerous.</para>
<para>Going back to the car park rorts and the 20 marginal electorates, it's another day, another spreadsheet and another minister denying responsibility. This time it stops right at the feet of the Prime Minister. No matter how those on the other side try to spin this, the ANAO report makes it very clear that, if it wasn't Mr Tudge when he was the minister; it clearly was Mr Morrison. This is not the Labor Party saying this about it; this is actually the independent ANAO making these statements about where those car park rorts came from. He tries to shift the blame on that or just point-blank refuses to answer the questions.</para>
<para>What about all of those backflips we've seen? Just days before New South Wales went into lockdown, Mr Morrison was again out claiming the gold standard in New South Wales and saying, 'The Premier in New South Wales doesn't rush to lock down.' But when New South Wales went into lockdown—and what's happening there's an awful state of affairs; it's really shocking—suddenly the Prime Minister did a complete backflip and was in favour of lockdowns and thought lockdowns were the best thing.</para>
<para>What about when he took the Western Australian government to court, backing Clive Palmer over millions of Western Australians—and I was one of them—who were very happy to have our borders closed? Did we get to the truth of that? Finally—and it didn't come from Mr Morrison—it came from the Attorney-General in Western Australia, John Quigley. He belled the cat when he brought out the documents that actually showed it was Mr Porter, the member for Pearce, who was absolutely backing in Clive Palmer's decision to challenge our border closure, taking us to the High Court and wasting Western Australian taxpayers' money and time. Our borders quite clearly are our business.</para>
<para>Suddenly we saw that other backflip and heard the Prime Minister say, 'First I thought that we should challenge the border closures and then I changed my mind.' He should get the facts and tell the truth to the Australian people right at the start. That has certainly damaged Mr Porter, never mind what else has been going on. Backing Clive Palmer on our border closures has well and truly damaged Mr Porter in the federal seat of Pearce. On and on it goes. If Mr Morrison can't be honest then it's time he left. <inline font-style="italic">(Time expired)</inline></para>
</speech>
<speech>
  <talker>
    <time.stamp>17:11</time.stamp>
    <name role="metadata">Senator STOKER</name>
    <name.id>237920</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>Wasn't that an interesting meander that demonstrated remarkably little understanding of the way that our federation works or indeed the interests that all Australians, including the federal government, might have in section 92 of the Constitution, which provides, among other things, that intercourse between the states should be absolutely free? For those who don't read the Constitution for fun, that means the movement of people and goods around this country should be absolutely free. To suggest that that's an indulgence that only a Western Australian is able to engage in is itself a kind of novel interpretation of the way one might think about our nation's founding document.</para>
<para>In any event there's no reason why our Prime Minister should be accused of just about any of the things in the speeches from those opposite. In fact, I think this is a prime opportunity to spend some time thinking about the achievements of this government in what has been a really difficult time. COVID has created some enormous hardships for many Australians, and I'm thinking of the Queenslanders who have been in lockdown for the last week—and our family was just one of many who went through that experience—the Sydneysiders and Victorians who are in a similar situation. It's an enormous hardship to be locked down, particularly for those who don't get paid on the times they don't go to work.</para>
<para>The actions of this government have been necessary to keep our economy alive through this time. It is opportune to reflect on the way Australia's health and economic responses have quite literally been world-leading. We have managed to avoid the kinds of COVID-19 death rates that have been seen in the UK and in the USA. In terms of the number of people who have passed away, those rates have been 50 times that experienced here in Australia. At the start of the pandemic the coalition introduced the largest economic support measure in Australian history—JobKeeper, which helped to keep 3.8 million Australians in a job. That has meant our economic performance has been vastly more resilient than that of any of the other OECD economies that have gone through this experience. We are—this is quite significant—the first advanced economy to have more people employed in the post-COVID period than there were pre COVID. Over 74,000 more Australians were in work in March 2021 compared to March 2020. That's not to take away from the fact that recent disruptions will, no doubt, have their impact, but it shows the way that this government has done what's necessary to support Australians through the economic hardship of lockdowns and we continue to do that.</para>
<para>There are a range of new measures in place designed to help get Australians through this period. Our supports have never been set and forget in the way that those opposite might think. The new level of the COVID disaster payments and the income support payment recognise the significant impact that the delta strain has had on communities, businesses and working people. The COVID disaster payments recognise that. We've already processed more than 1.4 million of those, paying out more than $1.33 billion to working people in New South Wales, Victoria and South Australia. There's an income support payment. All of this is there to help get us through the plan we are implementing to vaccinate all Australians in this country who want a vaccination. We're insistent on this being voluntary. We don't forcefully vaccinate people in this country, but we encourage it and we think it is the responsible thing for people who are in the right health condition to do. We're going to encourage people to do that and to do it in the nation's interest.</para>
</speech>
<speech>
  <talker>
    <time.stamp>17:16</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I'm going to depart from what I was going to say just to remind the assistant to the Attorney that you should not come into this place and cast doubt as to the judgement of the High Court. I will read it to you just so you are fully aware. The court found, 'On their proper construction sections 56 and 67 of the Emergency Management Act 2005 WA, in the application to an emergency constituted by the occurrence of a hazard in the nature of a plague or an epidemic, complied with the constitutional limitations of section 92 of the Constitution in each of its limbs.' I think you, as the Assistant Minister to the Attorney-General, should properly uphold the ruling of the High Court.</para>
<para>Now I will go to the fact that—back on task—the Prime Minister has been, sadly, found wanting as a national leader in response to this particular pandemic. His record of disaster is clear. Notably his unforgivable dereliction of duty during the 2019-20 bushfires. And now his disastrous failures in the COVID-19 pandemic, especially with regard to international quarantine and vaccination rollout.</para>
<para>We did do well in the initial stages of the pandemic because he followed medical advice. But as time went on he couldn't help but play politics. He fuelled the fires of criticism against Victoria's tough lockdown last year, whilst disastrously neglecting the establishment of a purpose-built quarantine facility. The Prime Minister saw vaccine procurement and distribution as a political opportunity for himself and his government. But in doing so he fatally miscalculated the risk management, putting all of his eggs in one AstraZeneca basket. Our nation is now paying a heavy very price for that. At every turn the Prime Minister has gone to extreme lengths to conceal his government's COVID-19 decision-making, wrapped in cabinet secrecy, commercial-in-confidence clauses and even national security claims.</para>
<para>We saw the absurdity of national cabinet secrecy demolished last week by the Federal Court, but the Prime Minister has arrogantly declared he will continue on as before and that is most inappropriate. He's turned out to be one of the worst Australian Prime Ministers that we've had. When things go wrong it is always somebody else's fault. His avoidance of scrutiny is pathological. He never accepts responsibility. He's a dud. He's mean-spirited. He blame-shifts. He lacks empathy. He is responsible for much of the economic and social disaster that has befallen much of our country. I hope the Australian voters recall exactly what's happened throughout his reign.</para>
</speech>
<speech>
  <talker>
    <time.stamp>17:19</time.stamp>
    <name role="metadata">Senator RICE</name>
    <name.id>155410</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>[by video link] This government and the Prime Minister have got form when it comes to being dodgy. I want to focus on rorts. We've had sports rorts. We've had the female facilities program, building swimming pools in North Sydney. We've had the community development grants going to favoured seats. Now we've got 'pork and ride'—car park corruption. I'm hoping that tomorrow the Senate is going to support my motion to set up an inquiry into the Urban Congestion Fund, including the car park rorts, because we need to get to the bottom of these murky, rotten, multilayered rorts.</para>
<para>The first layer of corruption with pork and ride is that it's very clear from sensible transport planning that building car parks at railway stations is a lousy way of tackling congestion. Good transport planning says that the only way to tackle congestion—to get folks off the road—is by improving and expanding public transport services, including improving bus services to stations, and improving active transport, including improving walking and cycling paths.</para>
<para>Then we've got the second layer of the car park corruption. It goes beyond this cock-and-bull story that, somehow, building car parks will solve congestion. There is the fact that, having decided to build car parks, they decided to build them—as the ANAO told us—in 20 marginal electorates. Going to the Prime Minister: what's worse is that it's clear this wasn't just a matter of individual ministers thinking up this strategy on their own; this was coordinated, systematic rorting across multiple programs. Given that many of these processes started shortly after Scott Morrison became Prime Minister, there is a smoking gun; his office was centrally involved in coordinating the rorts. What it looks and smells like is that his government started with a wish list of projects across multiple portfolios and then thought about how to jam them into whatever programs you could force them into.</para>
<para>Where has Prime Minister Morrison been on these rorts? He's nowhere to be seen. But the Australian public aren't fooled. They can see that this is corruption starting at the top—spending public money on the basis of where projects can win votes rather than on the basis of need and the proper analysis of where the money is best spent. The excuse that the other side did it too—a childish they-started-it—is no excuse. Things have got to change, and the has to start at the top, with the Prime Minister. There needs to be commitment to transparency and accountability. We need to see the colour-coded spread sheets, and there needs to be real consequences for this corrupt behaviour. We need a federal ICAC now. It's only by having an anticorruption watchdog with teeth that this type of behaviour is going to be able to be reined in.</para>
<continue>
  <talker>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>264449</name.id>
  </talker>
  <para>The time for the discussion has expired.</para>
</continue>
</speech>
</subdebate.1></debate>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>70</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Consideration</title>
          <page.no>70</page.no>
        </subdebateinfo></subdebate.1><subdebate.1><subdebateinfo>
          <title>Murray-Darling Basin Plan, Industry Growth Centres</title>
          <page.no>70</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Order for the Production of Documents</title>
            <page.no>70</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>17:23</time.stamp>
    <name role="metadata">Senator McKENZIE</name>
    <name.id>207825</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>by leave—I table documents relating to the following orders for the production of documents:the order of the Senate of 4 August 2021 for the production of documents relating to the Murray-Darling Basin Plan and the order of the Senate of 5 August 2021 for the production of documents relating to Industry Growth Centres.</para>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>COMMITTEES</title>
        <page.no>70</page.no>
        <type>COMMITTEES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Joint Standing Committee on Foreign Affairs, Defence and Trade, Joint Standing Committee on Trade and Investment Growth</title>
          <page.no>70</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Government Response to Report</title>
            <page.no>70</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>17:23</time.stamp>
    <name role="metadata">Senator McKENZIE</name>
    <name.id>207825</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I present two government responses to committee reports as listed on today's <inline font-style="italic">Order of Business</inline>. In accordance with the usual practice, I seek leave to incorporate the documents in <inline font-style="italic">Hansard</inline>.</para>
<para>Leave granted.</para>
<para class="italic"> <inline font-style="italic">The documents read as follows—</inline></para>
<quote><para class="block">   Australian Government response to the Joint Standing Committee on Foreign Affairs, Defence and Trade Human Rights Sub-Committee report:</para></quote>
<quote><para class="block"> <inline font-style="italic">Criminality, corruption and impunity: Should Australia join the Global Magnitsky movement?</inline></para></quote>
<quote><para class="block">5 August 2021</para></quote>
<quote><para class="block">Introduction</para></quote>
<quote><para class="block">The Australian Government welcomes the opportunity to respond to the report of the Joint Standing Committee on Foreign Affairs, Defence and Trade Human Rights Sub-Committee (the Sub-committee) on its inquiry into the use of targeted sanctions to address human rights abuses: <inline font-style="italic">Criminality, corruption and impunity: Should Australia join the Global Magnitsky movement?</inline>(the report).</para></quote>
<quote><para class="block">The Government recognises and appreciates the work of the Sub-committee. It is a comprehensive and detailed report, with 33 recommendations relevant to both the focus of the inquiry and to the administration of Australia's established sanctions framework more broadly.</para></quote>
<quote><para class="block">The Government has carefully considered the report and agrees with the majority of the Sub-committee's recommendations. Australia has a proud history of protecting and promoting human rights globally, and implementation of the majority of the Sub-Committee's recommendations will expand the range of tools available to the Government to respond to situations of international concern involving human rights violations and abuses. Given the broad range of recommendations and their relevance to established processes, the Government's consideration of the report has included close scrutiny of Australia's existing sanctions posture, and whether broader reforms are warranted.</para></quote>
<quote><para class="block">In responding to the Sub-committee's report, the Government will undertake a wide range of reforms to the existing autonomous sanctions framework. Such reforms will be aimed at modernising the legislative basis for Australian autonomous sanctions and ensuring that our autonomous sanctions regimes can adapt to Australia's evolving national interests and more swiftly and effectively be used to respond to situations of international concern. The Government will reform the existing autonomous sanctions framework to identify broad categories of situations in relation to which sanctions can be applied. These situations will include the proliferation of weapons of mass destruction, threats to international peace and security, such as serious human rights violations and abuses and malicious cyber activity, and activities undermining the rule of law and good governance, such as corruption. The reforms will include establishing thematic criteria for sanctions listings which will enable the Minister for Foreign Affairs to impose sanctions on individuals and entities in response to serious human rights violations and abuses and serious corruption occurring anywhere in the world. The reforms will also provide the opportunity to address inconsistent and ambiguous phraseology in the existing sanctions legislation.</para></quote>
<quote><para class="block">Australia can, and already does, impose autonomous sanctions in response to situations of international concern within its existing country-based sanctions regimes. The expansion of the autonomous sanctions framework to include thematic sanctions will build on this existing approach, and enhance the Government's flexibility to deploy sanctions in response to situations of international concern, if deemed appropriate and in our national interest, including in collaboration with our closest partners who have such powers.</para></quote>
<quote><para class="block">The Government will undertake a broader review of Australia's autonomous sanctions framework within 12 months of commencement of the amended legislation to ensure the framework is aligned with contemporary foreign policy objectives. The review-the first of its kind since the establishment of the autonomous sanctions framework a decade ago-will provide the opportunity to achieve efficiencies in existing sanctions processes and ensure that the sanctions regulatory, compliance and enforcement toolkit remains fit-for-purpose. It will provide the opportunity to consider the efficacy of the human rights and corruption-related amendments, including the decision-making processes, and it will include consideration of whether additional legislative reform is necessary.</para></quote>
<quote><para class="block">While the broader review will consider a range of issues, including compliance and enforcement of our sanctions regimes, the Government does not support any reform that would substantially diminish Ministerial discretion in the making of sanctions listings, facilitate unlimited debate about potential listings, or forewarn potential targets. Accordingly, the Government does not support recommendations made by the Sub-committee that would have such impacts and undermine the effectiveness of sanctions.</para></quote>
<quote><para class="block">The listings of individuals and entities for sanctions will continue to be considered on a case-by-case basis, following consideration of all relevant international obligations, foreign policy considerations and risks. Coordinated sanctions action with international partners will continue to be an option, to be undertaken when Australia deems it in our national interest.</para></quote>
<quote><para class="block">Australians and international partners rightly have high expectations of Australia, and Australia acts decisively and impactfully for the broader good. The Government recognises the importance of safeguarding our economy from the proceeds of the most egregious human rights violations and abuses and corruption. Such reform serves to not only bar such perpetrators from benefitting from the fruits of our democracy, but also to curb criminal foreign influence in our banking systems. Positioning Australia to act more quickly to freeze out perpetrators and beneficiaries in cooperation with likeminded partners will ensure that we do not become an isolated, attractive safehaven for such proceeds.</para></quote>
<quote><para class="block">The Government's response to the Sub-committee's report will ensure that Australia's sanctions framework continues to play an important role in our foreign policy, in defining, defending and demonstrating our values, and supporting our ability to act in support of the international rules­ based order.</para></quote>
<quote><para class="block">The Government thanks the Sub-committee for its work in preparing its report, including considering 162 written submissions and holding 8 days of hearings.</para></quote>
<quote><para class="block">Sub-committee Recommendations</para></quote>
<quote><para class="block">Recommendation 1</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that the Australian Government enact stand-alone targeted sanctions legislation to address human rights violations and corruption, similar to the United States' Magnitsky Act 2012.</inline></para></quote>
<quote><para class="block">Response: Agreed in principle.</para></quote>
<quote><para class="block">The Government agrees to introduce a new thematic sanctions regime targeting serious human rights violations and abuses, and serious corruption, as part of broader reforms to the existing autonomous sanctions framework, through amending the <inline font-style="italic">Autonomous Sanctions Act 2011</inline> and making consequential amendments to the <inline font-style="italic">Autonomous Sanctions Regulations 2011</inline>.</para></quote>
<quote><para class="block">The existing autonomous sanctions regime provides a framework for the imposition of sanctions, including targeted financial sanctions and travel bans, although to date such sanctions have been primarily country-based.</para></quote>
<quote><para class="block">The reforms will:</para></quote>
<list>ensure that the existing autonomous sanctions framework is fit-for-purpose and aligned with contemporary foreign policy objectives, including through the introduction of new thematic human rights and corruption listing criteria;</list>
<list>identify broad categories of situations of international concern in relation to which sanctions can be applied, including human rights violations and abuses and activities undermining the rule of law and good governance, such as corruption; and</list>
<list>provide that sanctions and travel bans can be imposed on human rights and corruption grounds without requiring a nexus to a particular country.</list>
<quote><para class="block">Incorporating new thematic criteria into the existing autonomous sanctions framework will ensure consistency of powers, offences and procedural safeguards across Australia's broader autonomous sanctions framework. It will also enable implementation using existing processes and legislative schemes, consistent with Recommendation 30.</para></quote>
<quote><para class="block">The Government will undertake a broader review of Australia's autonomous sanctions framework within 12 months of the commencement of the amended legislation to ensure the framework is aligned with contemporary foreign policy objectives. It will provide the opportunity to consider the efficacy of the human rights and corruption-related amendments, including the decision-making processes, and it will include consideration of whether additional legislative reform is necessary.</para></quote>
<quote><para class="block">Recommendation 2</para></quote>
<quote><para class="block"> <inline font-style="italic">The legislation should include a preamble, which would set out the broad purposes and general principles of the Act.</inline></para></quote>
<quote><para class="block">Response: Agreed in principle.</para></quote>
<quote><para class="block">As part of broader reforms to the autonomous sanctions framework, the Government will amend the <inline font-style="italic">Autonomous Sanctions Act 2011</inline> (the Act) to identify broad categories of situations in relation to which autonomous sanctions may be applied. Such situations will include serious human rights violations and abuses and serious corruption. Consistent with legislative drafting practice, the amendments will introduce a new objects clause into the Act. The policy objectives and intended purpose of the amendments will be set out in the explanatory memorandum. The Government will issue public-facing guidance to support understanding of and compliance with the new thematic sanctions regime. This will be in addition to existing support mechanisms available through the Australian Sanctions Office within the Department of Foreign Affairs and Trade (DFAT).</para></quote>
<quote><para class="block">Recommendation 3</para></quote>
<quote><para class="block"> <inline font-style="italic">The range of conduct that may be sanctioned should include serious human rights abuse and serious corruption.</inline></para></quote>
<quote><para class="block">Response: Agreed.</para></quote>
<quote><para class="block">The Government agrees to make reforms to the existing autonomous sanctions regime to provide that targeted sanctions can be imposed on the basis of serious human rights violations and abuses, and serious corruption . The Government will give careful consideration to the scope of conduct that will constitute serious human rights violations and abuses and serious corruption.</para></quote>
<quote><para class="block">Recommendation 4</para></quote>
<quote><para class="block"> <inline font-style="italic">The new targeted sanctions legislation should apply to 'serious human rights abuses' with further guidance on thresholds and applicable conduct provided in the preamble.</inline></para></quote>
<quote><para class="block">Response: Agreed in principle.</para></quote>
<quote><para class="block">The Government agrees to amend the existing autonomous sanctions framework to identify broad categories of situations in relation to which autonomous sanctions may be applied, and to include new thematic human rights and corruption-based criteria for sanctioning individuals or entities. The new listing criteria will have a high threshold that applies to serious human rights violations and abuses, and serious corruption, reflecting that the new regime is a foreign policy tool designed to respond to the most egregious situations of international concern.</para></quote>
<quote><para class="block">In respect of human rights, the new thematic criteria will be focused on three particular rights relating to physical integrity: (i) the right to life; (ii) the right to be free from slavery, not to be held in servitude or required to perform forced or compulsory labour; and (iii) the right to not be subjected to torture or cruel, inhuman or degrading treatment or punishment. The regime will also focus on serious corruption.</para></quote>
<quote><para class="block">Although Australia does not recognise a hierarchy of human rights, violations and abuses of these particular rights can have a devastating and often irreversible impact on the physical and mental integrity of a person, as well as on wider society. Focusing on these three rights enables clear criteria to be set for the application of the regime.</para></quote>
<quote><para class="block">The Government recognises the need for guidance on thresholds and applicable conduct, to ensure the new thematic regime is as accessible as possible. The policy objectives and intended purpose of the amendments, and examples of sanctionable conduct, will be set out in the explanatory memorandum and in public-facing guidance.</para></quote>
<quote><para class="block">The efficacy of the human rights and corruption-related amendments to the autonomous sanctions framework will be considered as part of the broader legislative and regulatory review of the autonomous sanctions framework.</para></quote>
<quote><para class="block">Recommendation 5</para></quote>
<quote><para class="block"> <inline font-style="italic">The preamble acknowledge the importance of maintaining journalist and human rights defenders' human rights and expressly state that systematic extrajudicial actions that intend to limit media freedom can be considered human rights abuses.</inline></para></quote>
<quote><para class="block">Response: Agreed in principle.</para></quote>
<quote><para class="block">The Government agrees with the importance of maintaining journalist and human rights defenders' human rights. Adverse conduct relating to media freedom could give rise to a range of human rights violations and abuses which would fall within the scope of the new regime, depending on the individual circumstances of a case. The new thematic listing criteria will capture limits to media freedom where such limitations involve serious violations or abuses of one of the three specified rights under the regime, such as activities involving the killing, torture or enslavement of journalists.</para></quote>
<quote><para class="block">As per the Government's response to Recommendations 2 and 4, the policy objectives and intended purpose of the amendments, and examples of sanctionable conduct, will be set out in the explanatory memorandum and in public-facing guidance.</para></quote>
<quote><para class="block">Australia actively supports media freedom and the protection of journalists in our region and globally in a number of other direct and practical ways including: advocating for the protection of journalists, bilaterally and in multilateral forums including the UN Human Rights Council; and supporting and developing a strong, professional and sustainable media sector in partner countries in the Indo-Pacific region. Australia also supports international action as a member of the Media Freedom Coalition and the UNESCO Group of Friends on the Safety of Journalists.</para></quote>
<quote><para class="block">Recommendation 6</para></quote>
<quote><para class="block"> <inline font-style="italic">The legislation should name the range of conduct which can be sanctioned as 'Magnitsky conduct' .</inline></para></quote>
<quote><para class="block">Response: Noted.</para></quote>
<quote><para class="block">It is important that Australia's autonomous sanctions framework is as accessible and comprehensible to the public as possible, now and into the future. The reforms will identify the conduct in relation to which sanctions can be imposed. The Government will seek to ensure that the framework is not limited by context-specific terminology. The amendments will be accessible, consistent with clarity of laws principles, and drafted in accordance with the Office of Parliamentary Counsel's Drafting Directions.</para></quote>
<quote><para class="block">Recommendation 7</para></quote>
<quote><para class="block"> <inline font-style="italic">Sanctions should be applicable to the immediate family and direct beneficiaries of human rights abusers.</inline></para></quote>
<quote><para class="block">Response: Agreed.</para></quote>
<quote><para class="block">Consistent with several of Australia's existing country-based autonomous sanctions regimes, the Government agrees that the new regime should be capable of being applied broadly (including capturing immediate family and direct beneficiaries of relevant conduct), and subject to ministerial discretion based on analysis of the relevant listing criteria, risks and Australia's national interest, in addition to considerations of procedural fairness and the protection of human rights. It will be critical to ensure the regime has an appropriate level of flexibility to ensure all relevant considerations can be taken into account, and sanctions are only applied beyond the immediate perpetrators of the relevant serious human rights violation or abuse where it is reasonable to do so.</para></quote>
<quote><para class="block">Recommendation 8</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that sanctions be applicable to all entities, including natural persons, corporate entities and both state and non-state organisations.</inline></para></quote>
<quote><para class="block">Response: Agreed.</para></quote>
<quote><para class="block">Consistent with Australia's existing autonomous sanctions framework, the Government agrees that the new regime should be capable of being applied to all entities, subject to the national interest analysis referred to in the response to Recommendation 7.</para></quote>
<quote><para class="block">Recommendation 9</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that sanctions be applicable to associated entities, broadly de fined.</inline></para></quote>
<quote><para class="block">Response: Agreed.</para></quote>
<quote><para class="block">The new regime will include the ability, subject to analysis of the national interest referred to in the response to Recommendation 7, to designate entities for targeted financial sanctions where the entity has been involved in, is involved in or is benefiting from, the relevant human rights violation or abuse of concern. This may capture associated entities, depending on the circumstances.</para></quote>
<quote><para class="block">Recommendation 10</para></quote>
<quote><para class="block"> <inline font-style="italic">The new targeted sanctions legislation should not apply to Australian citizens because they are subject to legislation with similar, if not stronger, consequences. This issue should be re-examined as part of the 3-yearly review.</inline></para></quote>
<quote><para class="block">Response: Noted.</para></quote>
<quote><para class="block">Australian autonomous sanctions are a foreign policy tool, used in pursuit of foreign policy goals. Under the new regime, sanctions will be able to be imposed on any person, including Australian citizens or residents, where a sufficient connection is established between that person and the relevant conduct of concern in a foreign country. Australia's current autonomous sanctions framework does not specifically exclude Australian citizens from the imposition of targeted financial sanctions and travel bans. To date, it has been Australia's practice not to apply sanctions to individuals within its territorial jurisdiction due to the availability of other measures, including criminal justice processes, and the disproportionate impact of those sanctions on the broader community.</para></quote>
<quote><para class="block">As with existing autonomous sanctions regimes, the appropriateness of imposing sanctions under the new regime will be considered on a case-by-case basis with regard to the particular circumstances and Australia's national interest.</para></quote>
<quote><para class="block">Recommendation 11</para></quote>
<quote><para class="block"> <inline font-style="italic">The new targeted sanctions legislation be applicable to conduct that has occurred prior to enactment of the legislation.</inline></para></quote>
<quote><para class="block">Response: Agreed.</para></quote>
<quote><para class="block">The new regime will enable the imposition of targeted financial sanctions and travel bans against persons and entities that meet the listing criteria under the regime. The new regime will be incorporated into the existing autonomous sanctions framework, under which the criteria enabling listing for sanctions can include conduct that occurred prior to the commencement of the legislation.</para></quote>
<quote><para class="block">The appropriateness of making any sanctions listings will be considered on a case-by-case basis with regard to the particular circumstances, including the likely effectiveness of sanctions relative to other response measures, and Australia's national interest.</para></quote>
<quote><para class="block">Recommendation 12</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that an independent advisory body be constituted to receive nominations for sanctions targets, consider them and make recommendations to the decision maker.</inline></para></quote>
<quote><para class="block">Response: Not agreed.</para></quote>
<quote><para class="block">Sanctions are a foreign policy tool aimed at achieving foreign policy goals. Decisions to impose targeted financial sanctions and travel bans appropriately rest with the Minister for Foreign Affairs (as per Recommendation 17). Such decisions are made in light of careful consideration of all foreign policy considerations, risks and Australia's national interest. It is important that the Government retain appropriate flexibility in the application of sanctions, as acknowledged by the Sub-committee in its report.</para></quote>
<quote><para class="block">The Government does not agree to the establishment of an independent advisory body. The Government encourages public engagement on human rights issues and, as a matter of practice, considers representations relating to potential sanctions from a wide range of sources.</para></quote>
<quote><para class="block">The Government notes that the Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) could perform some of the functions of an independent advisory body, and inquire into and make recommendations on possible listings under the new regime in respect of particular situations of international concern, following referral by the Minister for Foreign Affairs or either House of Parliament. It would also be open to the JSCFADT Human Rights Sub-committee to request that the Department of Foreign Affairs and Trade provide private briefings on human rights situations in particular countries. The JSCFADT is just one means of achieving independent advice, and any such referrals could complement existing procedures that inform Ministerial decisions on sanctions listings.</para></quote>
<quote><para class="block">Recommendation 13</para></quote>
<quote><para class="block"> <inline font-style="italic">The structure of t e independent advisory body should be set out in regulations, and should include the ability to conduct its inquiry in public.</inline></para></quote>
<quote><para class="block">Response: Not agreed.</para></quote>
<quote><para class="block">As per its response to Recommendation 12, the Government does not agree to the establishment of an independent advisory body.</para></quote>
<quote><para class="block">In addition, it is not appropriate for consideration of potential sanctions targets to occur in a public setting. In order to maximise the impact of Australian sanctions it is essential that the potential targets of sanctions do not receive advance notice that sanctions may be applied against them. This could invite potential targets to pre-emptively move any assets or interests they hold in Australia, thereby undermining the intended impact of sanctions. The Government will continue to receive nominations from multiple sources and encourages public engagement on human rights issues.</para></quote>
<quote><para class="block">Recommendation 14</para></quote>
<quote><para class="block"> <inline font-style="italic">The new legislation should require the decision maker to consider recommendations by the advisory</inline></para></quote>
<quote><para class="block"> <inline font-style="italic">body and give reasons for any decision not to adopt a recommendation by the advisory body.</inline></para></quote>
<quote><para class="block">Response: Not agreed.</para></quote>
<quote><para class="block">As per its response to Recommendations 12 and 13, the Government does not agree to the establishment of an independent advisory body.</para></quote>
<quote><para class="block">Further, this process would risk damage to our international relations. It would also impinge on the Minister's broad discretion, which the Sub-committee recommended be maintained (refer Recommendation 20).</para></quote>
<quote><para class="block">Recommendation 15</para></quote>
<quote><para class="block"> <inline font-style="italic">The decision maker should be able to receive nominations from any source.</inline></para></quote>
<quote><para class="block">Response: Agreed.</para></quote>
<quote><para class="block">Any individual or organisation can make representations to the Government regarding potential sanctions targets. Further, consistent with current practice, the Government will conduct regular consultation on human rights issues, and may receive suggestions for sanctions listings from a range of sources. The Government encourages public engagement on human rights issues. The Government will give further consideration to developing a streamlined mechanism to consult with civil society and other stakeholders on listing recommendations under the new regime.</para></quote>
<quote><para class="block">Recommendation 16</para></quote>
<quote><para class="block"> <inline font-style="italic">The legislation, or regulations under the legislation, set out processes to allow Australian authorities to work with other jurisdictions and their sanctions regimes.</inline></para></quote>
<quote><para class="block">Response: Agreed in principle.</para></quote>
<quote><para class="block">The Government agrees that it is appropriate and desirable for Australian authorities to work with international partners on sanctions when it is in Australia's national interest . Australia already engages closely with international partners in relation to sanctions, including to share information about potential sanctions target s. Existing cooperation mechanisms in this regard are appropriately flexible and need not be legislated.</para></quote>
<quote><para class="block">Recommendation 17</para></quote>
<quote><para class="block"> <inline font-style="italic">The Minister for Foreign Affairs be the decision maker .</inline></para></quote>
<quote><para class="block">Response: Agreed.</para></quote>
<quote><para class="block">Sanctions are a foreign policy tool aimed at achieving foreign policy goals. It is appropriate that the decision to impose targeted sanctions rests with the Minister for Foreign Affairs, following consultation across Government to ensure consideration of all relevant foreign policy considerations and risks.</para></quote>
<quote><para class="block">Recommendation 18</para></quote>
<quote><para class="block"> <inline font-style="italic">The Minister for Foreign Affairs should be required to consult with the Attorney-General before making a decision.</inline></para></quote>
<quote><para class="block">Response: Agreed.</para></quote>
<quote><para class="block">Prior to listing, the Minister for Foreign Affairs will be required to consult and obtain the agreement of the Attorney-General, and other relevant Ministers as appropriate. This will ensure sanctions listings decisions are made following consideration of all relevant policy considerations and risks.</para></quote>
<quote><para class="block">Recommendation 19</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that the legislation include a requirement to give the targeted person a right of reply, and a requirement for the Minister to consider this, before imposing sanctions.</inline></para></quote>
<quote><para class="block">Response: Not agreed.</para></quote>
<quote><para class="block">In order to achieve the objectives and maximise the impact of Australian sanctions, it is essential that the potential targets of sanctions do not receive advance notice of potential sanctions. Providing advance notice of potential sanctions listings could result in the person or entity moving assets within Australia's jurisdiction to another jurisdiction, undermining the effectiveness of sanctions.</para></quote>
<quote><para class="block">Consistent with the current autonomous and counter-terrorism sanctions framework, consultation will be undertaken with listed persons and entities (or their legal representatives) on potential renewals of sanctions listings. Further, listed persons and entities will be able to apply to the Minister to have their sanctions listing revoked immediately after their imposition, providing an appropriate avenue for the listing to be reconsidered.</para></quote>
<quote><para class="block">Recommendation 20</para></quote>
<quote><para class="block"> <inline font-style="italic">The Minister for Foreign Affairs should have broad discretion as to whether or not to impose sanctions. This would include the ability to remove or vary sanctions.</inline></para></quote>
<quote><para class="block">Response: Agreed.</para></quote>
<quote><para class="block">Sanctions are a foreign policy tool aimed at achieving foreign policy goals. It is appropriate that the decision to impose, remove or vary targeted sanctions rests with the Minister for Foreign Affairs, following consultation across Government to ensure consideration of all relevant foreign policy considerations and risks.</para></quote>
<quote><para class="block">Recommendation 21</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that the legislation allow for a 'watch list' of people being considered for sanctioning. Inclusion on a watch list should be for a fixed time period, after which a person must either be sanctioned or removed from the list. The watch list should be public.</inline></para></quote>
<quote><para class="block">Response: Not agreed.</para></quote>
<quote><para class="block">In order to maximise the impact of Australian sanctions it is essential that the potential targets of sanctions do not receive advance notice of potential sanctions. Providing advance notice of potential sanctions fistings could result in individuals and entities moving assets within Australia's jurisdiction to another jurisdiction, undermining the effectiveness of sanctions.</para></quote>
<quote><para class="block">Recommendation 22</para></quote>
<quote><para class="block"> <inline font-style="italic">The evidentiary standard for a decision should be the balance of probabilities.</inline></para></quote>
<quote><para class="block">Response: Noted.</para></quote>
<quote><para class="block">The new regime will empower the Minister for Foreign Affairs to list persons and entities for targeted financial sanctions and travel bans where satisfied they meet the relevant listing criteria. Such decisions will be made based on evidence and will ensure that listings decisions are credible, timely and allow the Minister to exercise suitable discretion, as recommended by the Sub-committee. This would be consistent with the Minister's decision-making power under the existing autonomous sanctions framework. The new regime will be established within this framework.</para></quote>
<quote><para class="block">Recommendation 23</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that the legislation require the publication of the names of sanctioned people and the reasons for their listing. This includes all decisions to remove or vary sanctions.</inline></para></quote>
<quote><para class="block">Response: Agreed in principle.</para></quote>
<quote><para class="block">The Government agrees it is important for the public, particularly affected industries, to have up-to-date information about Australian sanctions. Any persons or entities sanctioned under the new regime would be included on the Consolidated List, pursuant to regulation 22 of the <inline font-style="italic">Autonomous Sanctions Regulations</inline>. The Consolidated List provides detail about sanctions listings, including the regime under which each person or entity is listed, and is published on the DFAT website. It is updated to reflect amendments to or removals of listings. DFAT notifies subscribers of these updates. As noted by the Sub-committee in Recommendation 26, it may not always be appropriate to include all reasons as to why a person or entity is listed (for example, some of the material may be classified). Sanctions listing instruments made by the Minister for Foreign Affairs, provide details of persons and entities who are listed, and these are also published on the Federal Register of Legislation.</para></quote>
<quote><para class="block">Recommendation 24</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that the legislation require the Foreign Minister to publish an annual report to Parliament advising of sanctions.</inline></para></quote>
<quote><para class="block">Response: Noted.</para></quote>
<quote><para class="block">The Government encourages public engagement on issues of human rights and foreign policy. The Government considers that there are already existing Parliamentary processes in place that allow for appropriate scrutiny of Australia's sanctions, such as Senate Estimates. Under the existing sanctions framework, the Consolidated List is updated regularly to reflect new listing decisions, and is published on the DFAT website. The Australian Sanctions Office within DFAT, as Australia's sanctions regulator, is subject to the Regulator Performance Framework managed by the Department of the Prime Minister and Cabinet. This framework includes an annual regulator self-assessment report, which is published on the DFAT website.</para></quote>
<quote><para class="block">These processes provide the appropriate level of reporting, transparency and oversight for application of sanctions as a foreign policy tool.</para></quote>
<quote><para class="block">Recommendation 25</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that the Foreign Minister's annual report into the sanctions should stand referred to the JSCFADT for inquiry.</inline></para></quote>
<quote><para class="block">Response: Noted.</para></quote>
<quote><para class="block">As per its response to Recommendation 24, the Government considers that the current reporting, transparency and oversight measures for sanctions are appropriate at this time, in light of their status as a foreign policy tool.</para></quote>
<quote><para class="block">Under the existing sanctions framework, the Consolidated List is updated regularly to reflect new listings decisions, and is published on the DFAT website. The Australian Sanctions Office within DFAT, as Australia's sanctions regulator, is subject to the Regulator Performance Framework managed by the Department of the Prime Minister and Cabinet. This framework includes an annual regulator self-assessment report, which is published on the DFAT website.</para></quote>
<quote><para class="block">Recommendation 26</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that there be limited exemptions from including information on the public register, watch list or annual report for reasons of national security or criminal investigations.</inline></para></quote>
<quote><para class="block">Response: Not ed.</para></quote>
<quote><para class="block">The Government agrees that it is important to protect classified information, and to consider the effect on national security and any domestic proceedings before publicising information . It is not appropriate to disclose information that would reveal foreign policy considerations. The Government is committed to best practice transparency, accountability and information handling requirements.</para></quote>
<quote><para class="block">Recommendation 27</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that the legislation include a right for a sanctioned person to request a review of decision. The Minister should be required to conduct a review on request, although the regulations may limit the obligation to conduct reviews.</inline></para></quote>
<quote><para class="block">Response: Agreed.</para></quote>
<quote><para class="block">Consistent with the current approach under the existing autonomous sanctions framework, listed persons and entities will be able to apply to the Minister to have their sanctions listing revoked, providing an avenue for the listing to be reconsidered. Decisions to list persons and entities for sanctions can also be subject to judicial review.</para></quote>
<quote><para class="block">Recommendation 28</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that targeted sanctions legislation be reviewed by the government three years after commencement.</inline></para></quote>
<quote><para class="block">Response: Agreed in principle.</para></quote>
<quote><para class="block">The Government keeps its sanctions framework under regular review. The Government will make reforms to the existing autonomous sanctions framework to identify broad categories of situations of international concern in relation to which sanctions can be applied and to introduce new thematic human rights and corruption listing criteria. The Government will undertake a broader review of Australia's autonomous sanctions framework within 12 months of the commencement of the amended legislation to ensure the framework is aligned with contemporary foreign policy objectives. It will provide the opportunity to consider the efficacy of the human rights and corruption-related amendments, including the decision-making processes, and it will include consideration of whether additional legislative reform is necessary.</para></quote>
<quote><para class="block">Recommendation 29</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that the sanctions include visa I travel restrictions, limit access to assets, and restrict access to Australia's financial systems.</inline></para></quote>
<quote><para class="block">Response: Agreed.</para></quote>
<quote><para class="block">The new regime will enable the listings of persons and entities for sanctions if they meet the relevant criteria and if the imposition of sanctions is in Australia's national interest. Such sanctions could include targeted financial sanctions and travel bans. The effect of declaration of a travel ban means that a person is unable to travel to Australia without authorisation; the effect of designation for targeted financial sanctions means that designated persons and entities are unable to access assets they have in Australia (that is, their assets are effectively frozen), or receive assets from persons or entities in Australia without authorisation.</para></quote>
<quote><para class="block">Recommendation 30</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that the sanctions, to the extent possible, be implemented using existing processes and legislative schemes.</inline></para></quote>
<quote><para class="block">Response: Agreed.·</para></quote>
<quote><para class="block">The Government agrees to the establishment of a new thematic sanctions regime targeting human rights violations and abuses and corruption as part of broader reforms to the existing autonomous sanctions framework, which provides a comprehensive framework for the application of sanctions. The Government will amend the primary legislation, <inline font-style="italic">Autonomous Sanctions Act 2011</inline>, and make consequential amendments to the <inline font-style="italic">Autonomous Sanctions Regulations 2011</inline>. The Government will review the operation of the reforms as part of the broader review of the entire autonomous sanctions framework. This review will ensure that the sanctions regulatory, compliance and enforcement toolkit remains fit-for-purpose in the current foreign policy and international security context.</para></quote>
<quote><para class="block">This will ensure consistency with respect to powers, offences and procedural safeguards. It will also help to minimise the compliance burden the new regime places on industry, in line with the Government's broader deregulation agenda.</para></quote>
<quote><para class="block">Recommendation 31</para></quote>
<quote><para class="block"> <inline font-style="italic">The Sub-committee recommends that the new sanctions regime be accompanied by a public diplomacy strategy to provide guidance to those affected, including Australian businesses.</inline></para></quote>
<quote><para class="block">Response: Agreed.</para></quote>
<quote><para class="block">The Government will implement a public diplomacy strategy to clearly communicate the objectives and operation of the reforms, including consulting relevant stakeholders (particularly industry and non-government organisations). This will include roundtables, other outreach and information­ sharing processes.</para></quote>
<quote><para class="block">Close consideration will be given to minimising the compliance burden on industry, in line with the Government's broader deregulation agenda.</para></quote>
<quote><para class="block">The Government considers it is critical to ensure that information about Australia's sanctions is accessible and comprehensible, particularly for impacted industries. The Australian Sanctions Office (ASO) within the Department of Foreign Affairs and Trade currently undertakes outreach to impacted businesses and organisations to support compliance with the existing regulatory framework for sanctions. The ASO will continue to conduct this outreach and will provide guidance to businesses on how they can meet their obligations under the new regime.</para></quote>
<quote><para class="block">The implementation of this recommendation will require dedicated resources.</para></quote>
<quote><para class="block">Recommendation 32</para></quote>
<quote><para class="block"> <inline font-style="italic">The Department of Foreign Affairs and Trade should be given additional resources to implement the sanctions regime. Other departments required to contribute to implementation should also be allocated dedicated resourcing for the task.</inline></para></quote>
<quote><para class="block">Response: Noted.</para></quote>
<quote><para class="block">The new thematic regime will be a new function for the Department of Foreign Affairs and Trade. Decisions about resourcing will be made by the Government.</para></quote>
<quote><para class="block">Recommendation 33</para></quote>
<quote><para class="block"><inline font-style="italic">The long title of the legislation should include 'Magnitsky' to emphasise links with the Global</inline> Magnitsky movement.</para></quote>
<quote><para class="block">Response: Not agreed.</para></quote>
<quote><para class="block">The current Act will be amended but the title will remain the same. The reforms will capture a range of issues broader than those related to Magnitsky or human rights, and will not be targeted against any particular country or issue.</para></quote>
<quote><para class="block">Specifically, the reforms will update the autonomous sanctions framework to identify categories of situations in relation to which sanctions can be applied. The reforms will include a wider review focused on ensuring the existing autonomous sanctions framework is fit-for-purpose and aligned with contemporary foreign policy objectives.</para></quote>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>DOCUMENTS</title>
        <page.no>78</page.no>
        <type>DOCUMENTS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Industry Growth Centres</title>
          <page.no>78</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Order for the Production of Documents</title>
            <page.no>78</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>17:24</time.stamp>
    <name role="metadata">Senator WATT</name>
    <name.id>245759</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That the Senate take note of the document.</para></quote>
<para>Why is the Morrison government so allergic to accountability? On 24 December last year, the Morrison government was handed the initial impact evaluation report of the Industry Growth Centres Initiative by ACIL Allen. The ACIL Allen report cost Australian taxpayers nearly half a million dollars. This report, which Minister Porter and his department have now sat on for at least eight months, has once again been locked in a drawer by a government that refuses to be accountable to this parliament, even when the Senate orders it to be tabled in this place.</para>
<para>You have to ask yourself: why would the Morrison government defy the will of the Senate and hide this from the public? We don't have the report in hand, but here's what we do know from Labor's ongoing scrutiny of this matter. The former minister for industry, Karen Andrews, was never briefed on the report, but her office was provided with an advance copy. Nothing was done with it, of course; it was a half-a-million-dollar drawer filler. We know that, six months after the report was received by the Morrison government, the department still had not formally briefed ministers on it. We know that, in June of this year, the new minister, Christian Porter, did not even have a copy of the report or a written brief. So why has it taken the Morrison government more than eight months to begin deliberating on this report, which cost Australian taxpayers nearly half a million dollars? I suspect it's because they've been busily working away at their colour coded spreadsheets again, and they do not want to be confronted by the evidence—the facts of what is good value for money—because it would fly in the face of the Liberal Party's political interests.</para>
<para>When the shadow minister for industry and innovation submitted a freedom of information request for the release of this report, the department estimated it would take over 289 hours to process the 22 documents and 420 emails relevant to the request. That's a lot of activity for a document that no-one seems to have been briefed on or read or know anything about. We do know this much: leaked excerpts of the report state:</para>
<quote><para class="block">The centres have successfully leveraged government funding to raise private sector funds for the projects they support, as well as helping raise more than $200 million in equity.</para></quote>
<para>The excerpts further state:</para>
<quote><para class="block">The centres have intensive networks and expertise, and responded with agility to the Covid-19 pandemic—</para></quote>
<para>but that additional funding is required to help growth centres scale. That is, the industry growth centres are working; they just need better resourcing. The government should be celebrating this, but, instead, they're again hiding behind the secretive veil of cabinet, seemingly immune to accountability and free to pick and choose their own winners and losers. While these ministers continue to hide behind cabinet process or deliberations, our industry is suffering. With just $19.6 million in government funding, the Advanced Manufacturing Growth Centre alone has generated 2,361 direct jobs in manufacturing and $1 billion in additional sales for Australian manufacturing businesses. So, again, why the secrecy? Only the minister and the Morrison government know the answer to that. If this were a good news story for those opposite, they'd be shouting it from the mountain tops. They're all about the photo-op but never about the follow-up. And they're certainly not about accountability and transparency.</para>
<para>The brazenness of this government in disregarding FOIs and Senate orders highlights how emboldened they have become and, sadly, how far ministerial standards have fallen under the Morrison government. We know Mr Morrison and his cabinet colleagues think they're above the law, none more so than the minister for industry himself, Christian Porter. In response to this request, Minister Porter didn't even cite a public interest immunity. He just basically said, 'I don't feel like complying with my obligations to the Australian parliament today.' It speaks volumes of the Liberals' 'born to rule' mentality that they can so easily brush away their responsibilities to the Australian people.</para>
<para>Labor has attempted to access this report through estimates and freedom of information requests, but these have been constantly stonewalled. Labor has now attempted to force the government's arm through the Senate with an order for the growth centres report to be tabled by today. Again, we have been stonewalled. It's disgraceful and it's a slap in the face to Australians who want and deserve more from their parliament. The government should just table these reports. I seek leave to continue my remarks later.</para>
<para>Leave granted; debate adjourned.</para>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>COMMITTEES</title>
        <page.no>79</page.no>
        <type>COMMITTEES</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Joint Standing Committee on Foreign Affairs, Defence and Trade</title>
          <page.no>79</page.no>
        </subdebateinfo><subdebate.2><subdebateinfo>
            <title>Government Response to Report</title>
            <page.no>79</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>17:29</time.stamp>
    <name role="metadata">Senator FIERRAVANTI-WELLS</name>
    <name.id>e4t</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>[by video link] I want to take note of the government response to the Joint Standing Committee on Foreign Affairs, Defence and Trade report <inline font-style="italic">Crimina</inline><inline font-style="italic">lity, corruption and impunity: s</inline><inline font-style="italic">hould Australia join the </inline><inline font-style="italic">g</inline><inline font-style="italic">lobal Magnitsky movement?</inline>from the inquiry into targeted sanctions to address human rights abuses.</para>
<interjection>
  <talker>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>264449</name.id>
  </talker>
  <para>Senator Brockman has sought leave for Senator Fierravanti-Wells to take note of the report remotely. Leave is granted.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator FIERRAVANTI-WELLS</name>
    <name.id>e4t</name.id>
  </talker>
  <para>by leave—As a longstanding advocate for the enactment of Magnitsky laws and the sanctions regime, I welcome today's statement and look forward to reading the full details of the government's response. These laws are important to deal with perpetrators of human rights abuse and corruption by those who transfer assets to use them in countries which are usually democratic and financially stable countries.</para>
<para>Following the death of lawyer Sergei Magnitsky, who was imprisoned and killed after exposing Russian treasury fraud, billionaire hedge fund manager and anticorruption activist, Bill Browder, has focused the efforts of international human rights experts and frontline organisations to advocate for targeted sanctions to be introduced, effecting tangible consequences for those individuals and their beneficiaries affected by those human rights abuses.</para>
<para>Magnitsky legislation has been introduced in various countries, and a recent report by the Joint Standing Committee on Foreign Affairs, Defence and Trade, of which I am a member, has recommended its enactment in Australia. In other countries, introducing targeted sanctions legislation has allowed governments to tackle this issue, using travel bans and asset seizure to prevent perpetrators from enjoying the proceeds of their crimes with impunity. Our report recommended that Australia should enact a world-leading law to apply targeted sanctions to perpetrators of serious human rights abuse and corruption to align Australia with a global movement seeking to limit opportunities for human rights abusers, corrupt officials and their beneficiaries to enjoy the proceeds of their abuses. The recommendations were aimed at strengthening our commitment to protect the human rights of people around the world, including banning entry of perpetrators to Australia and the capacity to seize assets. The challenge is that we cannot control whether perpetrators are brought to justice within their home country. But targeted sanctions legislation will make Australian places and institutions off-limits to people who have profited from unconscionable conduct. In short, a targeted sanctions regime for serious human rights abuse and corruption will close the gap of opportunity for perpetrators and stop Australia becoming a safe haven for these people.</para>
<para>The report of the committee followed a wide-ranging inquiry which commenced in 2019 and incorporated submissions from over 160 individuals and organisations from around the world. During the inquiry, the subcommittee heard evidence from a range of expert witnesses, including Geoffrey Robertson AO QC, who not only gave evidence in the submission and appeared as a witness but also provided a draft bill which could be used to guide implementation of recommendations in the committee's report.</para>
<para>Cooperation with like-minded nations on this matter has the potential to protect the human rights of countless citizens around the world. Australia is an attractive destination for investment and lifestyle, and we have the opportunity to reduce incentives for corruption and unscrupulous human rights abuses. Respect for individuals and the freedoms that underpin the Universal Declaration of Human Rights lie at the heart of the values that have enabled the global rules based order to bring increased security and prosperity to the people of so many nations in recent decades. But enacting Magnitsky laws in Australia alone is not sufficient; law enforcement authorities have to be properly resourced to undertake investigations and to implement a sanctions regime.</para>
<para>In an article in <inline font-style="italic">The Australian</inline> of 30 December 2020 titled 'We risk being a dirty money haven', Mr Robertson criticised the AFP over its failure to probe a suspected Russian mafia money-laundering operation using Australian banks, saying 'Australia risks becoming known as a soft touch for foreign criminals.' <inline font-style="italic">The Australian</inline> revealed that both the AFP and AUSTRAC had declined to pursue detailed evidence of the alleged crimes handed to it by billionaire human rights activist, Bill Browder, more than two years ago because of the significant resources required to investigate the matter relative to other investigations and proceedings. Mr Robertson is critical of what he alleges is a failure to do their duty and ignoring what he describes as 'probably the most momentous heist in history'. The article refers to A$4.6 million transferred into Australian banks believed to be part of a US$230 million fraud on the Russian treasury. Bank records purportedly showed that the money was paid into 11 Australian accounts from foreign accounts that received the proceeds of the fraud. I and other colleagues from the committee called upon authorities to investigate Mr Browder's evidence.</para>
<para>However, I also made another important point; namely, that the enactment of Magnitsky laws in Australia alone was not sufficient. Law enforcement authorities had to be properly resourced to undertake investigations and implement the sanctions regime. Indeed, it is a matter which I reinforced in a speech to the Senate on 4 February this year on the tabling of the Senate Foreign Affairs, Defence and Trade References Committee report on issues facing diaspora communities in Australia, where we also recommended the enactment of Magnitsky legislation and encouraged the government to do so as soon as possible. I stressed at the time that, if we were going to enact such legislation, we have to make sure that the agencies with the powers to enforce the legislation are adequately resourced. My speech followed the unfortunate events over the Christmas vacation period with AUSTRAC, regarding the issue of the transfer of Vatican funds. If that's the sort of basic error that an organisation like AUSTRAC was making, I think that we have to take a very serious look to ensure that all of our agencies are up to speed to be able to undertake the necessary work to enforce the regime. Having said that, the failure by the AFP and AUSTRAC to pursue the Russian money-laundering investigations reinforces my point. I have full confidence that, properly resourced, the AFP Commissioner, Reece Kershaw, and his team would properly and fully investigate the matter and provide the leadership for other agencies to cooperate and investigate what are extremely complex matters.</para>
<para>I conclude by saying that I welcome this statement. It is overdue, but I am pleased to see the leviathan ship of state is slowly moving. We now have to demonstrate the political fortitude necessary to pursue the perpetrators of human rights abuses and corruptions, irrespective of where they come from. Thank you.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>17:38</time.stamp>
    <name role="metadata">Senator RICE</name>
    <name.id>155410</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>[by video link] After eight months and two Senate orders, it's great to finally see a response from the government to the report of the Joint Standing Committee of Foreign Affairs, Defence and Trade, <inline font-style="italic">Crimina</inline><inline font-style="italic">lity, corruption and impunity: s</inline><inline font-style="italic">hould </inline><inline font-style="italic">Australia join the G</inline><inline font-style="italic">lobal Magnitsky movement?</inline> I note this is only a response to the report. After eight months, we are still yet to see actual legislation that would implement the recommendations that are outlined in this response. We will of course be scrutinising that legislation very closely once we have it and will respond in more detail then.</para>
<para>I want to highlight a few of the initial concerns that have been raised by human rights groups in relation to the government's response and what we know about it so far. Rawan Arraf, from the Australian Centre for International Justice, has raised concerns about the government's decision to amend the existing Autonomous Sanctions Act rather than introducing standalone Magnitsky legislation. She said:</para>
<quote><para class="block">The government has a real opportunity to introduce a stand-alone, targeted, human-rights sanctions act. However, it wants to amend the clunky Autonomous Sanctions Act, which even the parliamentary committee agreed was ineffective.</para></quote>
<para>Save the Children said it was 'a step in the right direction but falls short', and, similarly, Human Rights Watch said there are further steps Australia can take to strengthen this proposal. From our initial reading, we think that there are some areas where the government should be going further, echoing those concerns from the human rights groups and, in fact, responding and supporting the recommendations that our cross-party unanimous consensus report put to government. Given that the committee report explicitly recommended standalone targeted sanctions legislation to address human rights violations and corruptions, it's concerning to see a proposal to amend the existing framework. There was a lot of evidence that was presented to the committee that resulted in that recommendation—that we needed a standalone targeted sanctions legislation framework.</para>
<para>Similarly, I am very concerned that the government response is rejecting recommendations 12 to 14 of the committee report for an independent body to oversee recommendations as to who is sanctioned. I'll go through those recommendations. Recommendation 12: the committee recommended that an independent advisory body be constituted to receive nominations for sanctions targets, consider them and make recommendations to the decision-maker. Recommendation 13 recommended that the structure of the independent advisory body should be set out in regulations and should include the ability to conduct its inquiry in public, which is incredibly important for transparency of a sanctions regime. Recommendation 14 recommended that the new legislation should require the decision-maker to consider recommendations by the advisory body and give reasons for any decision not to adopt a recommendation by the advisory body. In rejecting these recommendations, it doesn't move us very much further along than where we are currently with the existing autonomous sanctions regimes.</para>
<para>I want to move to the case of Myanmar. We have an autonomous sanctions regime that applies to Myanmar, but we've got the government refusing to apply targeted sanctions to Myanmar and we have no transparency about why that is the case, despite the fact that the UK, the US, Canada and the European Union all imposed targeted sanctions on the leaders of the military coup in Myanmar at the beginning of this year. We have a foreign minister who is basically saying it's not in Australia's national interest, without giving us any reasoning as to why that's the case. Having in place the sort of sanctions regime that is outlined in our report would open this up and create transparency for everyone, enabling them to see the recommendations of experts and know who they consider should be sanctioned. Of course, at the end of the day, it's up to the foreign minister and the government to decide who to sanction, but this would shine a spotlight on the process and allow us to move further along than the very frustrating situation we have in Myanmar at the moment.</para>
<para>Frankly, if we only have changes to our sanctions regimes as outlined in the government's response to this report, it's not going to move us any further at all for deeply distressing situations like in Myanmar, where the case for Australia applying targeted sanctions is so, so strong—the most awful and egregious human rights abuses are being conducted by the military junta in Myanmar, and citizens are being killed on the streets. Yet Australia is not willing, at the moment, to sanction these people. We're not willing to say, 'You are not welcome here.' We're not willing to say, 'Your funds aren't welcome here.' We are not willing to say that family members who are benefitting from the coup are not welcome here. These are actions that we can take. These are the types of actions that are outlined in Magnitsky legislation, as is being developed and implemented all around the world. This matters because human rights matter, and what is going on in Myanmar matters so much.</para>
<para>I want to take you to the situation with regard to COVID in Myanmar at the moment. Recent media coverage has described how the military junta are basically using COVID as a biological weapon. They have weaponised COVID. There was an article in the ABC online just a week or so ago that talked about how the 'military junta has clamped down on the sale of oxygen cylinders, forcing thousands to queue for hours, sometimes in defiance of lockdown orders, at times drawing a violent response from troops.' Soldiers opened fire to disperse a line of people queuing to buy oxygen in Yangon.</para>
<para>Myanmar activist groups and doctors say that they've documented more than 200 attacks on health workers and facilities that have left at least 17 people dead, and they estimate that more than 400 arrest warrants have been issued for physicians who have taken part in the civil disobedience movement. One doctor working in a remote town in Myanmar said that he was desperately searching for more oxygen supplies, as the medical centre he worked at was filling up with COVID-19 patients:</para>
<quote><para class="block">'We are trying to get oxygen cylinders every day but it is hard,' he told the ABC.</para></quote>
<quote><para class="block">'The military are trying to take the cylinders from some plants because their first priority is for army families and then second the military hospitals.'</para></quote>
<para>Another doctor told the ABC that soldiers went straight to a local plant and seized hundreds of cylinders, which were then hoarded for military families or sent to military facilities. He said that people are staying home, but they cannot get oxygen at home, so they are getting very sick. 'They are either getting better or they die,' he said. Another medic told the ABC:</para>
<quote><para class="block">… the junta was happy to let the virus rip through areas of the country which it believed were hostile to the military regime.</para></quote>
<quote><para class="block">'They [the army] are killing us,' …</para></quote>
<para>It is this sort of appalling behaviour by regimes like the military junta in Myanmar that Australia has the ability to address through a properly constructed, powerful Magnitsky-style legislative framework.</para>
<para>As I said, we will certainly scrutinise the legislation that was foreshadowed in the government's response to us on Thursday, and we welcome the long-delayed response to our committee report. But we call upon the government to do more: take the responsibility that Australia can take to have a regime that allows us to apply targeted sanctions and that has the transparency and independence to enable us to apply those targeted sanctions so that we can use the power that we have to address egregious human rights abuses, such as those that we are seeing in Myanmar, as efficiently and effectively as possible.</para>
</speech>
<speech>
  <talker>
    <time.stamp>17:44</time.stamp>
    <name role="metadata">Senator AYRES</name>
    <name.id>16913</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>[by video link] Labor has been committed to Magnitsky-style legislation for some years, so we welcomed the committee's report, and I want to make some comments about the committee's report and the government response to it. Senator Wong, Labor's shadow spokesperson for foreign affairs, has been a very clear and public advocate for this kind of approach. It is increasingly being adopted around the world. I note that the United Kingdom, with its Magnitsky-style legislation, has scores of current sanctions on foot in countries as diverse as Saudi Arabia, Myanmar, Russia and North Korea.</para>
<para>Labor's support for this kind of reform is consistent with our proud history of support for multilateralism and human rights. It was HV Evatt who was at the formation of the United Nations and the drafting of the Universal Declaration on Human Rights. It was the Whitlam government's support for international human rights agreements, the International Convention on the Elimination of All Forms of Racial Discrimination, the nuclear non-proliferation treaty, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. These are all profound achievements that have contributed much to the global architecture that advances human rights. Then there was the leadership of Bob Hawke, as Prime Minister, in opposing the nasty, vicious apartheid regime in South Africa—against some opposition from this parliament, I have to say—and notably accepting Chinese students in the wake of the Tiananmen Square massacre in 1989. We on this side have a consistency of approach on these issues.</para>
<para>Magnitsky-style legislation would be a powerful tool to advance human rights. The need for such a framework is clear. As has been made very clear, there are real weaknesses in the effectiveness of sanctions directed at an entire state and substantial limitations in terms of using domestic criminal law regimes to try and prosecute these kinds of abuses. By focusing sanctions on the perpetrators of human rights abuses, we can target bad actors without oppressing or punishing the people they oppress. By using these powers in concert with allies, the international community and international institutions, we can actually be effective. These changes should drive a deeper engagement across these multilateral institutions and mean that Australia can be part of an effective response to human rights abuses overseas.</para>
<para>I want to commend those senators who've engaged on the committee. This report has been the product of quite some cross-party cooperation and endeavour.</para>
<para>That said, it has taken far too long for the Morrison government to come to the conclusion, or the set of conclusions, that it has on the committee report. The government has dragged its feet, even as core members of the government's representation on this committee have been calling publicly for this kind of reform. It's like everything that the Morrison government does: words but no action. It has been dragged to this set of conclusions, with no apparent explanation for its reticence.</para>
<para>I am disappointed that the government has not supported all of the recommendations of the committee. Recommendations 12, 13 and 14—relating to the establishment of an independent advisory body that would receive and consider nominations for these sanctions and make recommendations to the decision-maker—would lend a lot of legitimacy to this kind of reform. While Labor supports ministerial discretion, an independent body would ensure accountability and transparency in the implementation of these powers, and consistency in international affairs confers legitimacy. Similarly, the refusal to adopt a watchlist also hampers consistency, accountability and transparency.</para>
<para>I also note the reactions of some human rights organisations to the government's decision to amend the current act rather than introduce a new, fit-for-purpose act. The Australian Centre for International Justice has said:</para>
<quote><para class="block">The government has a real opportunity to introduce a stand-alone, targeted, human-rights sanctions act. However, it wants to amend the clunky Autonomous Sanctions Act, which even the parliamentary committee agreed was ineffective.</para></quote>
<para>Save the Children has said that the government's proposal is 'a step in the right direction, but falls short of what is needed,' and that:</para>
<quote><para class="block">Our sanctions regime must act as a deterrence to those who would target schools and hospitals in armed conflict …</para></quote>
<quote><para class="block">However, narrowing the human rights criteria, as outlined in the Government's response, may not cover such violations of international humanitarian law.</para></quote>
<para>We have to be a leader in Australia on human rights. It is critical that we understand that, as Keating famously said, we get our security in our region, not from our region. The creation of regional bodies, such as ASEAN and APEC, is fundamental to our prosperity and to our security, but they are also important vehicles for advancing human rights. Our security ultimately rests on establishing a common commitment across our region.</para>
<para>I want to make a couple of comments about consistency, and I want to make a couple of comments about multilateralism. Some of the advocates for this type of legislation have couched it in Manichean terms of good versus evil across the globe, and there are some terrible things that happen around the world. The strength of the Magnitsky legislation approach is that it deals with the behaviour and deals with it consistently. It gives the government the option of proportional sanctions on specific human rights abuses. That requires global cooperation and a consistency of approach. When I reflect on some of the human rights abuses that have occurred around the world, I reflect upon, for example, many of the Chilean emigres who I grew up with, particularly in the labour movement: young people who had fled to Australia, their colleagues at university and in human rights organisations having been murdered by the Pinochet regime. I reflect on people like Lina Cabaero, a Sydney resident and a Filipino emigre, who died this week. She was a human rights activist in the Philippines who fled the Marcos regime. All of these kinds of human rights abuses should be targeted equally and effectively, and we should be using Magnitsky style reforms to improve accountability and to lift international human rights standards. Consistency means that people who have committed or who propose to commit human rights abuses know that the sanctions regime will be enacted not because of who they are or because there is some national interest or agenda being pursued but because of what they have done. That is very important for conferring legitimacy.</para>
<para>The second thing is, of course, that this requires multilateralism and more countries engaging with this kind of approach—more cooperation across the region, more investment in relationships in the region and more endeavour in terms of our international affairs, not less. Finally, I'd just say that I heard Senator Rice speak in relation to events in Myanmar. I think that one of the early tests of the effectiveness of this kind of legislative reform will be whether or not sanctions are effected against the leaders of the repressive regime that has done so much damage to the people of Myanmar, that has done so much to destabilise our region and that has so brutally repressed human rights. Australia and other countries in the region have invested much in the restoration of democratic rights in Myanmar. We have seen them be torn down, and the proponents of that kind of action must be early targets of Magnitsky style legislation when this government finally gets around to implementing reform. I seek leave to continue my remarks later.</para>
<para>Leave granted; debate adjourned.</para>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>BILLS</title>
        <page.no>83</page.no>
        <type>BILLS</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Family Assistance Legislation Amendment (Child Care Subsidy) Bill 2021</title>
          <page.no>83</page.no>
        </subdebateinfo><subdebate.text>
          <body background="" style="" xmlns:w="http://schemas.openxmlformats.org/wordprocessingml/2006/main" xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:v="urn:schemas-microsoft-com:vml" xmlns:WX="http://schemas.microsoft.com/office/word/2003/auxHint" xmlns:aml="http://schemas.microsoft.com/aml/2001/core" xmlns:pic="http://schemas.openxmlformats.org/drawingml/2006/picture" xmlns:w10="urn:schemas-microsoft-com:office:word" xmlns:wp="http://schemas.openxmlformats.org/drawingml/2006/wordprocessingDrawing" xmlns:r="http://schemas.openxmlformats.org/officeDocument/2006/relationships">
            <a href="r6741" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Family Assistance Legislation Amendment (Child Care Subsidy) Bill 2021</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>First Reading</title>
            <page.no>83</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>17:57</time.stamp>
    <name role="metadata">Senator STOKER</name>
    <name.id>237920</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That this bill may proceed without formalities and be now read a first time.</para></quote>
<para>Question agreed to.</para>
<para>Bill read a first time.</para>
</speech>
</subdebate.2><subdebate.2><subdebateinfo>
            <title>Second Reading</title>
            <page.no>83</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>17:57</time.stamp>
    <name role="metadata">Senator STOKER</name>
    <name.id>237920</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I table an addendum to the explanatory memorandum and move:</para>
<quote><para class="block">That this bill be now read a second time.</para></quote>
<para>I seek leave to have the second reading speech incorporated into <inline font-style="italic">Hansard</inline>.</para>
<para>Leave granted.</para>
<para class="italic"> <inline font-style="italic">The speech read as follows—</inline></para>
<quote><para class="block">Today I am introducing the Family Assistance Legislation Amendment (Child Care Subsidy) Bill 2021.</para></quote>
<quote><para class="block">Affordable and accessible child care supports social and early learning outcomes for children, and helps families to participate in the workforce.</para></quote>
<quote><para class="block">This Bill implements the Government's changes to the Child Care Subsidy announced in the 2021-22 Budget, building on the success of the Government's Child Care Package implemented in July 2018.</para></quote>
<quote><para class="block">Three years on, our child care system continues to deliver a single, Child Care Subsidy for all families in Australia, with higher subsidies to those that earn the least and no subsidies for those earning more than around $353,000.</para></quote>
<quote><para class="block">The hourly fee cap introduced in 2018 continues to keep downward pressure on fees.</para></quote>
<quote><para class="block">These changes will maintain the integrity of the existing Child Care Subsidy, ensuring the reduction of out-of-pocket child care expenses for families and targeting additional support for those families who currently pay the most - those with multiple children aged under six.</para></quote>
<quote><para class="block">It is anticipated that the changes will add up to 300,000 hours of work per week, or the equivalent of around 40,000 parents who will be able to work an extra day per week. It will boost GDP by up to $1.5 billion per year.</para></quote>
<quote><para class="block">Strong participation in the labour market has never been more critical than it is now, as Australia moves into the recovery phase of our COVID-19 pandemic response.</para></quote>
<quote><para class="block">Thanks to our strong economy, women's workforce participation reached an all-time high of 61.8 per cent in March 2021.</para></quote>
<quote><para class="block">The first element of this Bill removes the annual cap of $10,560 for all families earning over $189,390 from 1 July 2022, so that no family has an annual cap on child care subsidies.</para></quote>
<quote><para class="block">Removing the annual cap ensures families maximise the extra benefit generated by the increased subsidy. Removing the annual cap also means we will remove a structural disincentive to take on additional days of work for many families. This will encourage parents, especially second-income earners who are more often women, to get back to work or work more.</para></quote>
<quote><para class="block">The second element in the Bill will increase the maximum subsidy rate for second and subsequent children, where a family has more than one child under six, from 11 July 2022.</para></quote>
<quote><para class="block">Under this element, families will receive an increased subsidy of 30 percentage points, up to a maximum subsidy rate of 95 per cent, for second and subsequent children accessing child care aged under six.</para></quote>
<quote><para class="block">This ensures support for the families who need it most, and who face the biggest barriers to participation in the labour market - those with multiple young children in care at the same time.</para></quote>
<quote><para class="block">It also ensures that families on the lowest incomes, who may already be close to the generous maximum subsidy, benefit from these changes and continue to receive the highest rate of subsidy.</para></quote>
<quote><para class="block">These changes will benefit around 250,000 families in Australia each year.</para></quote>
<list>Around 50 per cent of families who benefit from the measure (those earning less than around $130,000) will receive the maximum 95 per cent subsidy for their second and subsequent children. These families will pay on average $21 a day for two children in child care.</list>
<list>Around 95 per cent of families who benefit from the measure (those earning less than around $250,000) will receive a subsidy of at least 80 per cent for their second and subsequent children (paying on average $73 a day or less for two children in child care).</list>
<quote><para class="block">Taken together, these changes will put more money in the hands of Australian families, especially those who need it most, while also maintaining parental co-contribution, which also helps to keep downwards pressure on child care fees. Our activity test remains in place to ensure families must be undertaking activity, such as working, training or studying to be eligible for child care subsidies. These are core principles of the Government's Child Care Subsidy.</para></quote>
<quote><para class="block">Implementation of these changes will require changes to the system administering the Child Care Subsidy, including complex IT and other system build alterations.</para></quote>
<quote><para class="block">The Government is working to implement this across two phases. A two phased approach will ensure Services Australia has time to complete the necessary system build to give effect to the Government's commitment, without jeopardising implementation at the earliest possible date.</para></quote>
<quote><para class="block">It is anticipated we will be able commence implementation by July 2022. Should it be possible to bring the commencement of the measure forward, we will do this so that families can benefit sooner. That is why the Bill makes it possible for earlier implementation, with a date to be set by proclamation.</para></quote>
<quote><para class="block">We are working hard to make sure this investment puts more money in the pockets of everyday Australian families as soon as possible.</para></quote>
<quote><para class="block">I commend this Bill.</para></quote>
<para>Debate adjourned.</para>
<para>Ordered that the resumption of the debate be made an order of the day for a later hour.</para>
</speech>
</subdebate.2></subdebate.1><subdebate.1><subdebateinfo>
          <title>Offshore Petroleum and Greenhouse Gas Storage Amendment (Titles Administration and Other Measures) Bill 2021, Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Bill 2021</title>
          <page.no>84</page.no>
        </subdebateinfo><subdebate.text>
          <body background="" style="" xmlns:w="http://schemas.openxmlformats.org/wordprocessingml/2006/main" xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:v="urn:schemas-microsoft-com:vml" xmlns:WX="http://schemas.microsoft.com/office/word/2003/auxHint" xmlns:aml="http://schemas.microsoft.com/aml/2001/core" xmlns:pic="http://schemas.openxmlformats.org/drawingml/2006/picture" xmlns:w10="urn:schemas-microsoft-com:office:word" xmlns:wp="http://schemas.openxmlformats.org/drawingml/2006/wordprocessingDrawing" xmlns:r="http://schemas.openxmlformats.org/officeDocument/2006/relationships">
            <p>
              <a href="r6714" type="Bill">
                <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                  <span class="HPS-SubDebate">Offshore Petroleum and Greenhouse Gas Storage Amendment (Titles Administration and Other Measures) Bill 2021</span>
                </p>
              </a>
            </p>
            <a href="r6715" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Bill 2021</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>First Reading</title>
            <page.no>84</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>17:58</time.stamp>
    <name role="metadata">Senator STOKER</name>
    <name.id>237920</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That these bills may proceed without formalities, may be taken together and be now read a first time.</para></quote>
<para>Question agreed to.</para>
<para>Bills read a first time.</para>
</speech>
</subdebate.2><subdebate.2><subdebateinfo>
            <title>Second Reading</title>
            <page.no>84</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>17:59</time.stamp>
    <name role="metadata">Senator STOKER</name>
    <name.id>237920</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That these bills be now read a second time.</para></quote>
<para>I seek leave to have the second reading speeches incorporated into <inline font-style="italic">Hansard</inline>.</para>
<para>Leave granted.</para>
<para class="italic"> <inline font-style="italic">The speeches read as follows—</inline></para>
<quote><para class="block">OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE AMENDMENT (TITLES ADMINISTRATION AND OTHER MEASURES) BILL 2021</para></quote>
<quote><para class="block">The Offshore Petroleum and Greenhouse Gas Storage Amendment (Titles Administration and Other Measures) Bill 2021 amends the <inline font-style="italic">Offshore Petroleum and Greenhouse Gas Storage Act 2006.</inline></para></quote>
<quote><para class="block">Australia's offshore oil and gas industry has supported Australia's energy security and economy for over 50 years. It has delivered enormous benefits in the form of export earnings, employment and investment.</para></quote>
<quote><para class="block">There are particular points in the life-cycle of an industry when regulatory frameworks and practices need to adapt to changing circumstances.</para></quote>
<quote><para class="block">For Australia, that time is now. We need to be positioned to respond to future decommissioning challenges with effective regulatory oversight and robust safety nets to strengthen protections for the taxpayer, workers and the environment.</para></quote>
<quote><para class="block">In the coming decades, there will be a number of offshore projects which have exhausted their reserves and require decommissioning. This is a normal part of the resource development lifecycle.</para></quote>
<quote><para class="block">During this time, new projects will continue to be developed such as the Scarborough, Browse and Barossa gas projects and the Dorado oil project.</para></quote>
<quote><para class="block">As the industry continues to mature, large companies may move to divest their mature assets to focus on areas of new production potential. Australia can expect to see new entrants to the industry who bring a fresh perspective and a different risk profile.</para></quote>
<quote><para class="block">The recent liquidation of a company operating an oil producing asset in Australian waters demonstrates the importance of the regime able to recognise and adapt to different risk profiles of the offshore industry.</para></quote>
<quote><para class="block">This Bill ensures that companies operating in Australia's offshore oil and gas regulatory regime are capable, competent and responsible in managing their offshore projects. It ensures decommissioning remains the responsibility of the businesses involved in the oil and gas development, protecting the Australian taxpayer and the environment.</para></quote>
<quote><para class="block">This Bill makes the changes necessary to implement aspects of the Australian Government's Enhanced Offshore Oil and Gas Decommissioning Framework.</para></quote>
<quote><para class="block">The Bill also gives effect to the relevant recommendations of the independent review into the circumstances leading to the liquidation of Northern Oil and Gas Australia, known as the Walker Review.</para></quote>
<quote><para class="block">This Bill confirms this government's commitment to have the world's most advanced, innovative and successful offshore oil and gas sector, which delivers sustained prosperity and social development for all Australians.</para></quote>
<quote><para class="block">The Bill amends the Act to ensure government oversight and scrutiny of transactions involving a change of control of a petroleum or greenhouse gas titleholder, through a merger or takeover.</para></quote>
<quote><para class="block">While this type of transaction is not currently captured by the Act, it may result in a new entity ultimately obtaining control of the titleholder and may impact the titleholder's ability to finance and meet its obligations.</para></quote>
<quote><para class="block">Failure to obtain regulatory approval for this type of corporate transaction could now result in a significant civil penalty. This approach is consistent with similar regimes across the Commonwealth, and will be a deterrent for corporate misconduct.</para></quote>
<quote><para class="block">Contravening the requirement to obtain approval is also grounds for cancellation of the title.</para></quote>
<quote><para class="block">With an estimated $60 billion in anticipated decommissioning liabilities falling due over the next 30 years, the government needs to ensure it can call upon former titleholders to decommission and remediate the area in the unlikely event that the current titleholder is unable to do so.</para></quote>
<quote><para class="block">The Bill expands current directions powers to enable any former titleholder, or 'related person' to carry out decommissioning activities - known as trailing liability.</para></quote>
<quote><para class="block">As the Act stands now, only an <inline font-style="italic">immediate</inline> former titleholder can be directed to decommission and remediate an area.</para></quote>
<quote><para class="block">Although this is an action of last resort, which should be used only when all other safeguards have been exhausted, it reduces risk.</para></quote>
<quote><para class="block">It reduces the environmental, health and safety risks associated with the potential abandonment of assets and infrastructure. It reduces the associated risk that the financial obligations of decommissioning will be left to Australian taxpayers.</para></quote>
<quote><para class="block">It also sets the expectation that sellers will undertake appropriate due diligence before selling assets, titles and infrastructure, so they can avoid being called back to decommission and remediate title areas.</para></quote>
<quote><para class="block">Trailing liability is a feature of comparable, mature offshore oil and gas regimes which are considered leading practice jurisdictions.</para></quote>
<quote><para class="block">The Bill also increases the regulatory scrutiny of entities at key decision points, and expands the types of information that can be requested by the decision maker.</para></quote>
<quote><para class="block">This ensures the government is better equipped to 'screen' applicants, reducing the risk that an entity that does not meet the financial and technical capability requirements will undertake petroleum or greenhouse gas activities in Australian waters including decommissioning.</para></quote>
<quote><para class="block">It also provides for amendments to improve the administration of petroleum and greenhouse gas titles, including enabling electronic lodgement of applications and documents.</para></quote>
<quote><para class="block">This Bill demonstrates this government's ongoing commitment to having a globally recognised oil and gas sector, which continues to deliver significant employment and economic activity.</para></quote>
<quote><para class="block">It ensures we strike the right balance between investment and managing a maturing industry.</para></quote>
<quote><para class="block">It delivers a strong and effective regulatory framework for offshore petroleum and greenhouse gas activities.</para></quote>
<quote><para class="block">I commend the Bill to the chamber.</para></quote>
<quote><para class="block">OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE (REGULATORY LEVIES) AMENDMENT BILL 2021</para></quote>
<quote><para class="block">The Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Bill 2021 amends the <inline font-style="italic">Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Act 2003</inline>.</para></quote>
<quote><para class="block">This Bill accompanies the Offshore Petroleum and Greenhouse Gas Storage Amendment (Titles Administration and Other Measures) Bill 2021 and enables the National Offshore Petroleum Safety and Environmental Management Authority to expand existing cost recovery arrangements to former titleholders and related persons when a direction is issued.</para></quote>
<quote><para class="block">I commend the Bill to the Chamber.</para></quote>
<para>Debate adjourned.</para>
<para>Ordered that the resumption of the debate be made an order of the day for a later hour.</para>
</speech>
</subdebate.2></subdebate.1><subdebate.1><subdebateinfo>
          <title>Treasury Laws Amendment (2021 Measures No. 1) Bill 2021</title>
          <page.no>86</page.no>
        </subdebateinfo><subdebate.text>
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            <a href="r6674" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Treasury Laws Amendment (2021 Measures No. 1) Bill 2021</span>
              </p>
            </a>
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        </subdebate.text><subdebate.2><subdebateinfo>
            <title>Second Reading</title>
            <page.no>86</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp></time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>Before my contribution was so reasonably interrupted, I was reminding my colleagues in the LNP that John Howard made a commitment to Australia being 'the greatest shareholding democracy in the world', and this legislation crabwalks the Liberal Party away from that. It's important that people understand that, under the existing system of continuous disclosure, civil action can be taken either by ASIC or by private litigants where there is a failure to disclose material information, regardless of knowledge, recklessness or negligence. Schedule 2 of this bill relieves directors and CEOs of this burden. Instead, successful civil action will require proving that those running a company knew that they were in receipt of relevant information and that they should have disclosed it to the market. As the Law Council of Australia put it in their submission to the Senate inquiry:</para>
<quote><para class="block">Boards and senior executives will be able to say they were not negligent <inline font-style="italic">with respect to</inline> the information that should have been disclosed if they did not have it, whether or not they ought to have had it …</para></quote>
<para>That is the distinction that I am referring to here. While ASIC would still be free, of course, to pursue criminal action against a company for a failure to disclose information, regardless of their state of mind, it would have to clear the much higher criminal hurdle of 'beyond reasonable doubt', rather than the civil hurdle of 'the balance of probabilities'.</para>
<para>So schedule 2 of this bill will pave the way for the insider traders to make hay. It will be a boon for private equity and the other large institutional investors who expect to be the first to know. This is going to be 'wink and a nod' stuff. The rich and the powerful will get the good oil. The well-connected will get the winks and the nods. 'Buy or sell ahead of the great unwashed,' they'll say to themselves, and the companies and their bosses who participate in or facilitate this will with a little cunning—and they've got plenty of that—be immune to any repercussions. Schedule 2 seeks to make permanent the changes introduced temporarily last year when the market was shocked by the pandemic. But newsflash for colleagues: that shock is now in the distant past. So now the government—</para>
<para>An honourable senator interjecting—</para>
<continue>
  <talker>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
  </talker>
  <para>Absolutely—go and have a look at it. I'll take that injection. Absolutely it is. For the information of colleagues, some of Australia's billionaires doubled their wealth during the first year of the pandemic. When hundreds of thousands of Australians lost their jobs, the billionaires were making off like bandits, as they so often do.</para>
<para>So now the government, knowing that the argument for the temporary measures that they introduced last year no longer exists, have turned around and are trying to sell this bill with the argument that it will reduce the prospect of class action litigation being undertaken on behalf of investors. So apparently, according to the government's own argument, having shareholders exercise their rights collectively and hold companies to account is too much of a burden for those poor companies and their poor highly paid executives and directors. What a furphy the government's argument is! As ASIC pointed out recently:</para>
<quote><para class="block">The economic significance of fair and efficient capital markets dwarfs any exposure to class action damages.</para></quote>
<para>Well, the Australian Greens could not agree more with ASIC. It's so disappointing to see that the Liberal Party, which was built on a foundation of the exercise of free markets and the importance of information being freely available for the exercise of free markets, does not agree with that comment by ASIC. Class actions and the prospect of them actually support ASIC's enforcement regime, and they help ensure that corporate Australia does the right thing. In turn, this improves investor trust in Australia and the functioning of Australian markets. I cannot believe I am having to educate the Liberal Party on this stuff, but here we all stand today.</para>
<para>I note reports that One Nation has once again folded in a screaming heap; it's abandoned the battlers of Australia and ordinary shareholders in companies and is now indicating that it supports schedule 2 of this legislation. Of all the almost innumerable sellouts that we've seen from One Nation in this place, this one is right up there. All of their rhetoric about being here for the battlers and the little guy is now out the window. Here they are, backing the forces of big capital at the expense of mum and dad investors. Senator Roberts likes to bang on about globalists running the world. Well, I'm not going to come at that particular conspiracy, but I can say to Senator Roberts that the forces of global capital will be extremely happy with One Nation voting for schedule 2. All of the big international players, the private equity firms, the index funds, the investment banks, the people who make off like bandits using the hard work of ordinary workers to massively increase their wealth—and are cooking the planet while they're doing it—are cheering on the LNP here and they are cheering on One Nation. Voting for schedule 2 is voting for those people. And for what? What does One Nation get in return? A review after two years. How absolutely cheap and pathetic.</para>
<para>In conclusion, this bill demonstrates that neoliberalism is a con and those who advance it are in on the ground floor. The real aim is not fair competition, efficient markets or a shareholder democracy; the real aim is to rig the game so the truly rich and the truly powerful can get even richer and more powerful. The real aim is to further entrench the financialised crony capitalism that now dominates our politics, our economy, our markets and our society.</para>
<para>I'd like to end by noting that of course the Greens do support schedule 1 of this bill, on the basis that the measures allowing for the holding of virtual AGMs are temporary. It is prudent in the middle of the pandemic that companies not be required to hold meetings in person for the time being, particularly given the very real prospect of further lockdowns and border closures. However, the Greens are concerned that continued temporary extensions of these measures will encourage the government to attempt to make these measures permanent without due consideration being given to their potential impact. The parliament must be given the opportunity to fully examine the merits of any proposal to permanently allow virtual AGMs. So that deals with schedule 1.</para>
<para>But back to schedule 2: the rigging of the game in favour of the very rich and the very powerful—the people who have profited from cooking the planet; the people who have profited from the war on nature; the people who have profited from the introduction of the sixth mass extinction event in the history of our planet. Those are the beneficiaries of schedule 2—those on the inside; those with market power that they ruthlessly exercise at the expense of millions of ordinary Australians who rely on timely and accurate information about their investments and who are being completely dudded by the LNP and One Nation in their support for schedule 2 of this bill.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>18:09</time.stamp>
    <name role="metadata">Senator SCARR</name>
    <name.id>282997</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>That was a terrific speech by Senator McKim. It was a great speech to his base; absolutely terrific! It had all the metaphors and the grandiose flourishes of phrase that one would expect. It appealed directly to his base. Unfortunately, amongst all of that, to the extent that there was a kernel of a rational, reasonable argument, it was lost in the rhetoric. So, first, I'll put the argument in a reasonable way against this legislation and this recommendation, and I'll deal with that argument.</para>
<para>The best argument against this legislation is that, in some way, by changing the strict liability nature of the continuous disclosure obligation in the Corporations Act and introducing a fault element, companies are going to be less inclined to comply with their continuous disclosure obligations than they are today. That's the kernel of the reasonable argument that one could put against this legislation.</para>
<para>Senator McKim talked about the Law Council of Australia. In relation to the Class Actions Committee of the Law Council of Australia, the <inline font-style="italic">Bills Digest</inline> states:</para>
<quote><para class="block">… the Class Actions Committee of the LCA is of the view that the Bill's impact on the continuous disclosure regime and the prohibitions on misleading and deceptive conduct 'will dampen the ability of the regulators and of shareholders to enforce corporate accountability for wrongdoing'.</para></quote>
<para>That's the reasonable argument against this legislation—not the rhetorical flourish about big business, those in the know and all of this that Senator McKim rolled out. That's the reasonable argument against this legislation, and I'll deal with it.</para>
<para>The Law Council of Australia actually made two submissions: one by the Class Actions Committee and one by the Corporations Committee. Who would have thought that lawyers would have different views on two sides of the argument, depending upon who their client base was? But there you go—my friends in the legal profession. I'm in the legal profession! Who would have thoughts lawyers would have different views on something? How profound. The Corporations Committee of the Law Council of Australia said:</para>
<quote><para class="block">… these reforms will not lead to a lower standard of conduct, more limited disclosure or an inability to successfully prosecute cases of significant concern. However, the Corporations Committee suggests that these reforms may redress the technical imbalance in continuous disclosure laws that has contributed to inflated insurance.</para></quote>
<para>On the one hand, the Corporations Committee of the Law Council of Australia says it's not going to lead to a lower standard of conduct in practice but addresses the technical imbalance of strict liability plus class action litigation. On the other hand, the Class Actions Committee of the Law Council of Australia says it will dampen the ability of regulators and shareholders to enforce the continuous disclosure obligation. That's a reasonable starting point for this debate. So let's put to one side the hysterical rhetoric that we've just heard from Senator McKim, which I don't think does the argument justice.</para>
<para>There are a few preliminary points to note, and I make these preliminary points as someone who lived and breathed a continuous disclosure obligation as a company secretary for an ASX 200 listed company for 10 years. I was in the firing line in terms of advising boards and dealing with shareholders in terms of continuous disclosure obligations. Bear in mind, this is an obligation to make immediate disclosure of price-sensitive information to the market unless one of certain exceptions applies in terms of information not being complete or some sort of incomplete proposal et cetera. So this obligation is one of making immediate disclosure. It's a difficult obligation in practice to comply with. Reasonable people acting in good faith, highly trained professionals, can have disagreements with respect to the nature of disclosure, whether or not the continuous disclosure obligation is triggered and what disclosure should be made. And they've got to do that in real time because the obligation is immediate.</para>
<para>The first point to note in relation to this legislation is that the continuous disclosure obligation does not change. There is no change in the continuous disclosure obligation. This legislation only deals with the issue of class action litigation brought by a class of shareholders against the company. The continuous disclosure obligation does not change.</para>
<para>The second point is that there is no change to the criminal element in terms of continuous disclosure obligations and breaches. All those scenarios that Senator McKim outlined would fall foursquare within the criminal obligations that are attached to breaches of continuous disclosure obligations.</para>
<para>Third, ASIC's enforcement powers in relation to this are unchanged. Let me give you just one example of how onerous this can be. Rio Tinto were hit with a civil penalty of $100,000 from ASIC because they were one hour late in making a disclosure to the market in relation to a transaction that was occurring in the Americas. They were tripped up by the time difference and they were hit with a $100,000 penalty for being one hour late. That's how onerous the obligation is, and ASIC's enforcement powers are unchanged under this legislation.</para>
<para>The fourth point I want to make is that both the class action legislation and the continuous disclosure obligations were never intended, when they were introduced, to underwrite these litigation funder funded class actions against companies. It was an unintended consequence. Don't believe me on that, Madam Acting Deputy President. You might have faith in what I say in this forum but you don't have to believe me on this. All you need to do is look at the Australian Law Reform Commission's discussion paper on class action litigation. The Australian Law Reform Commission itself says that when the obligations we're talking about were introduced it was not in an environment where there were litigation funder funded class actions against companies in the continuous disclosure space. So we are dealing with the ramifications of an unintended consequence here.</para>
<para>The fifth point: there has been an increase in shareholder class actions. Senator Gallagher, in her contribution in this debate, actually gave us the figures. They're increasing over time. There has been an increase in class action litigation and there has also been an increase in premiums for directors and officers insurance. Let me tell you, I had to sit and negotiate those premiums with underwriters and arrangers in the context of increasing class action litigation, and it got harder and harder. And that was years ago, when I was company secretary of a listed public company. That was what was happening at the coalface.</para>
<para>Let's deal with the other side of the argument. Let's take, on one side of the argument, the Law Council of Australia's proposition: is this legislation going to dampen disclosure in our public capital markets? I say no for these reasons. First, I want to talk about the circularity problem. Senator McKim and others talked about holding directors and companies responsible. What happens in reality? What happens in reality from an economic point of view is that you have one class of shareholders effectively suing another class of shareholders. That's what happens. You have the class of shareholders who were investors in the company at the time there was a continuous disclosure breach effectively suing the class of shareholders who are shareholders of the company at the time the action is brought. The shareholders are the ones who pay, no-one else. At the end of the day, the shareholders are paying. Are the directors paying? No. Do you know why? The first thing a director of a listed public company does is to require that a deed of access, insurance and indemnity be entered into. That deed of access, insurance and indemnity will provide that they won't become a director of a listed public company unless there's D&O insurance in place. It will provide that they're indemnified against any civil liability arising from the discharge of their continuing disclosure obligations. And that's quite legal. So there's actually no circumstance in which the liability arising from these circumstances comes home to roost. The chickens don't come home to roost on the shoulders of the directors; they're suffered by the company. And who's the company? The company simply represents the economic interests of the shareholders. So it's shareholders effectively suing shareholders.</para>
<para>But you've got the D&O insurance provider. Typically, the first thing the class action litigation funder asks is: What's the D&O insurance? What's the maximum coverage? That's the starting point for any negotiation and settlement. What does that mean? It means that D&O insurance premiums get higher and higher. The regulatory impact statement, or the equivalent of it, attached to this bill talks about a five per cent year-on-year increase in insurance premiums that this legislation will avoid. Typically, they're the ones who are paying. It's the insurance companies who are paying, but who pays for the insurance companies? The company pays the premiums for the D&O insurance. Who pays for that economically? It's the shareholders. So it all comes back to the shareholders. It's one class of shareholders versus the other class of shareholders. All this nonsense about the big end of town and directors et cetera is just that—all nonsense. Effectively, economically, it's one class of shareholders against another.</para>
<para>Secondly, I want to make this point: what is so astounding about there having to be a fault element before you sue, before you can bring an action? What is so novel about someone having to be wilfully doing the wrong thing, so knowing they had information that should have been released to the market and wilfully not releasing it to the market, being reckless or negligent, before you can bring a legal action? How profound. What's the problem with that? Can someone explain that to me? I haven't heard an explanation for that yet. Strict liability is in particular inappropriate in the circumstance where the continuous disclosure obligation is immediate. I gave that example of Rio Tinto and one hour and a $100,000 fine—immediate disclosure. That's why strict liability is inappropriate.</para>
<para>What about other jurisdictions? What are they doing? Madam Acting Deputy President O'Neill, I know that you always have an interest in looking at what other jurisdictions are doing and making sure Australia's keeping pace. That is certainly a noble ambition which I agree with. Lets see what the position is in the UK, just as one example. UK law says:</para>
<quote><para class="block">There is no civil statutory liability of directors to shareholders. In relation to the statutory liability of a company to shareholders, in order to establish a claim for loss against the company for a misleading statement or omission to make a disclosure, a shareholder must show that a director knew that the statement was materially misleading or was reckless—</para></quote>
<para>there's that word 'reckless'—</para>
<quote><para class="block">as to whether it was, or that a director dishonestly—</para></quote>
<para>that's wilful—</para>
<quote><para class="block">concealed a material fact, and that he acquired, continued to hold or disposed of the relevant securities in reliance on the misleading statement or omission …</para></quote>
<para>That's the UK law. So all we're doing is trying to get some sort of alignment between our laws and obligations in Australia and what's happening in overseas jurisdictions. This isn't novel stuff. All it is trying to do is level the playing field in the market for capital.</para>
<para>I want to make this point about litigation funders. Senator McKim seems to think that the people behind these class actions aren't entrepreneurs. It is private equity and other capital that is funding the litigation funders. They are absolutely entrepreneurs. When I used to give lectures on continuous disclosure risk to my group of senior executives in the mining sphere, I used to say to them that, just as we had a pipeline of mining projects, litigation funders have a pipeline of litigation cases. It's a business to them. There isn't some broader civil rights motive underpinning this. It's a business, and that needs to be recognised.</para>
<para>Do we think this legislation will make any difference? Firstly, it should be recognised that the current strict liability regime actually has a chilling impact on disclosures made. If you're going to face strict liability and the class action litigators circling, waiting for an opportunity, as per their business model, you are more likely to refrain from making disclosures, from informing the market with respect to market conditions et cetera. We've been seeing that over the last few years, with companies saying that they simply can't give guidance to their shareholders. One of the reasons for that is this strict liability. So in fact shareholders are getting less information than they would if we didn't have this strict liability.</para>
<para>Lastly, there's the opportunity cost. We need our businesses, our publicly listed companies, to be spending time looking for opportunities to build their businesses and to provide more jobs and more opportunities for all Australians, rather than being concerned about looking at the dangers posed by this strict liability when it's attached to the entrepreneurs in a class action litigation funding space. There is the opportunity cost. That shouldn't be forgotten either.</para>
</speech>
<speech>
  <talker>
    <time.stamp>18:24</time.stamp>
    <name role="metadata">Senator CAROL BROWN</name>
    <name.id>F49</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I'm pleased to speak today on the government's Treasury Laws Amendment (2021 Measures No. 1) Bill 2021. This bill that goes through this place today, in its current form, is a direct attack on mum and dad investors right across Australia. It's an attack on your average retail investor. The attack comes in the form of a weakening of Australia's corporations law, to the detriment and disadvantage of the ordinary investor, because those parts of this bill that were originally intended to be pandemic-responsive temporary measures would become permanent fixtures of the Australian corporate landscape.</para>
<para>We see this very attack in the first schedule of the bill. It undermines and weakens fundamental transparency and accountability measures that many tens of thousands of Australian shareholders hold dear. The first schedule of this bill enshrines permanently the ability of listed companies to hold virtual annual general meetings, depriving shareholders of the ability to attend meetings and hold directors and executives to account face to face. This is a time-honoured tradition that has served investors large and small well, for generations. It is not something that should simply be cast aside on a whim because it suits certain players in the corporate landscape to the detriment of others.</para>
<para>Of course, Labor supports the enhanced use of technology where it improves accountability and transparency for investors. But we cannot support an approach that reduces the ability of shareholders to hold directors to account. It's a retrograde and regressive step when it comes to transparency in the Australian corporate landscape. The opposition is of the firm view that more, not less, needs to be done to ensure that virtual annual general meetings can function just as effectively as physical AGMs. But there is a lot of work to be done in this space. However, given the continued impact of ongoing lockdowns and border closures as a result of the ongoing COVID-19 pandemic, the opposition recognises that this measure needs to be retained for now, in a temporary capacity. Perhaps if we had a prime minister capable of doing his job by providing workable quarantine arrangements and rolling out a national vaccine strategy then the need for these measures would already be a thing of the past. But there you are. Alas, we have Mr Scott Morrison.</para>
<para>Let us turn to the second schedule of this bill. This schedule is indeed far more concerning to the opposition and to stakeholders. This schedule of the bill aims to make it easier for companies and company directors to get away with withholding information from or providing misleading information to shareholders. Anyone who is listening along may think they just misheard me. Sadly, you did not; it is indeed true that this bill, if passed in its current form, will make it easier for some unscrupulous directors and corporations to hoodwink shareholders. The bill does this by weakening what are currently strong corporate disclosure laws in Australia. These disclosure laws have functioned as the bedrock of our Australian investment framework and have stood this nation and our investors in good stead for a long time. Without the robust strength that we currently have in our corporate disclosure rules, it is likely that we will see dodgy directors getting away with failing to release timely, relevant and indeed crucial information to shareholders so that they can make informed decisions about their investments. It is fundamentally about fairness and a level playing field.</para>
<para>But the thing about these rules is that they're not just there to provide for institutional fairness. They do seek to protect retail shareholders—mum and dad investors—but they also do so much more. They make the entire Australian business sector stronger, not just listed entities but all Australian businesses, and therefore they make them more attractive to investors. The counterfactual, of course, is that these changes will make Australian businesses less attractive places for investors to park their money, because the implied risk will increase. That should be self-evident to those opposite on the government benches. Indeed, these changes would put the interests of a small number of company directors above the interests of Australian mum and dad investors, self-funded retirees and large institutional investors.</para>
<para>So, why on earth would the government pursue them? Well, it's a classic Liberal Party ethos writ large. The Liberal Party claim that the change in schedule 2 of this bill is necessary to protect company directors from what they term 'opportunistic class actions'. They're totally obsessed with class actions in the Liberal Party. It's an obsession that is both ridiculous and, indeed, trumped up and overblown. It may interest the Senate to know that shareholders class actions make up well under one per cent of cases filed in the Federal Court—fewer than one per cent. They affect a miniscule number of companies, and they are companies that have done the wrong thing. Let's not forget that.</para>
<para>The inverse proposition here that we must remember is that all Australian shareholders benefit from Australia's strong continuous disclosure laws. They act as a protection from harmful practices and wrongdoing, and it is all Australian shareholders who will be harmed by the government's proposed changes in schedule 2 of this bill. That is what the government is seeking to do by having this unnecessary and harmful schedule incorporated into this bill—to harm the interests of this nation's retail investors, the mums and dads and self-funded retirees. And all for what? To establish a protection racket for the small minority of company directors who deliberately seek to do the wrong thing at the expense of many hundreds of thousands of Australians who trust them to act responsibly with their hard-earned money. Let me illustrate this point by highlighting the remarks of Mr Allan Goldin, head of the Australian Shareholders Association. Mr Goldin has said:</para>
<quote><para class="block">So the new instruction to management from Boards could be, if you want to keep some information to yourself or exaggerate a bit just make sure you don't tell me so no one can sue me … this is a real danger.</para></quote>
<para>That sums it up just about right. It's nothing but an attempt to avoid the legal consequences that should follow from poor behaviour, and it absolutely is a danger to the interests of ordinary Australian retail investors as well as institutional investors. These changes don't help them either. That is why Labor sought to split the two schedules of this bill. We moved that way in the other place, to exclude the provisions of schedule 2 in this bill, but the government wouldn't have a bar of it. With these provisions remaining in the bill, Labor has no choice but to oppose the legislation before us today.</para>
<para>Let's just have a look at the history of this bill moving through the Senate and the government's attempt to stifle relevant stakeholders from having a say on the important and impactful provisions contained in this legislation, because, on 18 February this year, this bill was referred to the Senate Economics Legislation Committee. The government initially set a reporting date of 12 March. However, with the support of the crossbench, Labor senators successfully moved to extend the reporting date to 30 June this year. But that motion did not stop government senators on the Senate Economics Legislation Committee from ignoring the Senate's motion. They used their majority on the committee to finalise the report, as they had intended, on 12 March. This action ensured that many stakeholders did not have an opportunity to make submissions to the Senate inquiry, given the extremely short time frame. Most notably, even though the bill relates to shareholder rights, the Australian Shareholders Association was not able to prepare a submission to the inquiry within the truncated time frame enforced by government senators. Fortunately, on 16 March, the Senate voted to refer the provisions of this legislation to the Senate Economics References Committee for inquiry and report by 30 June 2021.</para>
<para>The references committee was able to undertake a more thorough examination of the bill. Through the course of its inquiry, the committee heard from a range of stakeholders opposed to the passage of schedule 2 of this bill. These ranged from the Australian Shareholders Association to law firms and, indeed, a number of academic experts. The committee found that the opponents of schedule 2 pointed to a number of strong reasons to oppose passage of these changes, namely, the effectiveness of the current continuous disclosure regime, as evidenced by Australia's strong markets; the confusion and uncertainty created by the provisions as currently drafted; the disproportionate and negative impact that the amendments in schedule 2 would have on retail investors, particularly women; the difficulties in establishing the state of mind of an entity and effective reversal of the burden of proof, severely curtailing the ability of investors to seek redress and recompense or hold company directors to account; and the impacts on ASIC enforcement.</para>
<para>The committee also heard and found that there was a high degree of trust in the rigour and effectiveness of Australia's current continuous disclosure regime. As the committee noted, the current provisions had their genesis in the financial markets collapse in 1987 and resulted from the inadequacies in disclosure that were demonstrated by the crash. Numerous submissions insisted that the high integrity and trust in Australian markets had been a direct result of Australia's strong continuous disclosure regime. Indeed, the Australian Securities and Investment Commission highlighted in evidence to the committee the importance of continuous disclosure obligations and misleading and deceptive conduct provisions in protecting investors. Their evidence to the committee said:</para>
<quote><para class="block">Australia's continuous disclosure obligations and misleading and deceptive conduct provisions are critical to protect market integrity and maintain the good reputation of Australia's financial markets. Confidence in the integrity of Australia's equity markets encourages investor participation; contributes to liquidity; stimulates more competitive pricing; and lowers the cost of capital.</para></quote>
<para>They went on to say:</para>
<quote><para class="block">Markets cannot operate with a high degree of integrity unless the information critical to investment decisions is available and accessible to investors on an equal and timely basis. That is why market cleanliness and continuous disclosure are essential to investor confidence. Price discovery in a clean market is efficient. Asset prices react immediately after new information is released through appropriate channels and thereby more closely reflect underlying economic value.</para></quote>
<para>In other words, weakening and undermining Australia's continuous disclosure rule obligations not only makes our corporate investment framework less fair but also undermines the confidence of investors, weakening capital allotment in Australia and inflow to Australia, and it distorts market prices to make them less reflective of their true economic value. That is what the regulator is telling us. They are basically saying: 'Don't do this. It's a stupid idea.' But since when do the Liberal Party like to listen to the experts on economic matters?</para>
<para>Let me quote to you what Professor Peta Spender, whose research passion deals heavily with corporations, financial markets and litigation, told the committee. In a private capacity she said:</para>
<quote><para class="block">… the CD regime—</para></quote>
<para>continuous disclosure regime—</para>
<quote><para class="block">… has been in place for 30 years, and it's regarded as a world leader. The markets have prospered under this regime. Just to emphasise that point again, ASIC didn't consider it necessary for it to even be reviewed, because it's very highly regarded.</para></quote>
<para>If ASIC didn't even believe that such a highly regarded and longstanding component of our corporate and financial market regulation landscape needed reviewing then why on earth are the government hell-bent on forcing through these unnecessary changes that water down our world-leading continuous disclosure laws? It comes down to a core component of Liberal Party DNA, to provide protection for the small minority of directors and executives who seek to do the wrong thing by investors in order to line their own pockets. Labor can't support that sort of thinking. We will back in the hundreds of thousands of ordinary Australian retail investors, mums and dads, self-funded retirees. We will oppose the weakening and watering down of these laws. I urge the Senate to reject this bill.</para>
</speech>
<speech>
  <talker>
    <time.stamp>18:38</time.stamp>
    <name role="metadata">Senator HANSON</name>
    <name.id>BK6</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>[by video link] I rise to speak on the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021. Let's be clear on what this legislation represents: changing the law to help businesses hammered by lockdowns. The destruction being caused by hair-trigger lockdowns is the only reason I can support this bill.</para>
<para>Schedule 1 of this legislation will make temporary amendments to the rules relating to meetings of company directors and shareholders to facilitate the use of electronic technology. This is so they can hold virtual meetings and allow documents to be provided and signed electronically. One Nation considers this is a sensible temporary measure for businesses and an economy plagued by the uncertainty of lockdowns.</para>
<para>Schedule 2 of the bill would make permanent the government's temporary measure, introduced and extended last year, to relax continuous disclosure rules. This would provide that all civil penalty proceedings commenced under the continuous disclosure and misleading and deceptive conduct provisions of the Corporations Act 2001 must prove that an entity or officer acted with knowledge, recklessness or negligence in respect of an alleged contravention. This places the burden of proof squarely onto litigants involving breaches of continuous disclosure.</para>
<para>The Treasurer has said that the uncertainty created by the pandemic has made it more difficult for companies to release reliable, forward-looking guidance to the market. He said it was recognised that companies may hold back from making forecasts of future earnings or other forward-looking estimates in the chaos. My concern is that in practice it would be very difficult to prove a breach of continuous disclosure rules was done with intent. All a director has to do or say is it wasn't intentional or they weren't aware. So this could potentially improve protection for the directors of big corporations at the expense of small mum-and-dad investors, but it won't be a free pass for the big corporations. Under the rules of the Australian Stock Exchange, listed companies will still be required to immediately disclose any information that a reasonable person would expect to have a material effect on the price or value of their securities.</para>
<para>Continuous disclosure laws exist for good reasons. They promote better informed and more efficient securities markets and they help limit opportunities for insider trading at the expense of small and medium mum-and-dad investors. That's who One Nation supports in this space—mum-and-dad investors seeking to invest their hard-earned money in an Australian company. Continuous disclosure helps to level the playing field for the small investor. We should be promoting and encouraging this sort of investment—Australians investing in Australian companies—ensuring that more profits and dividends stay here instead of going offshore. One way to encourage it is to give small investors the confidence they can make an informed investment decision and ensure companies aren't withholding information that could influence their decision. Continuous disclosure laws provide that confidence to the small investors who need it.</para>
<para>Naturally, the Business Council of Australia supports this measure being made permanent, as its members struggle with the uncertainty created by lockdowns. As the Australian Stock Exchange has noted in response to the pandemic, a listed company's continuous disclosure obligations don't extend to predicting the unpredictable. It's important to note that the Australian Securities and Investments Commission and the Australian Competition and Consumer Commission have cautioned against weakening continuous disclosure laws. But we are living in very different times, with businesses that employ millions of Australians reeling under sudden lockdowns that they have no way to predict or prevent. This climate of uncertainty has no end in sight.</para>
<para>One Nation considers the business community will need time for the current situation to return to something resembling normality, when the impact of these amendments can be determined. That's why I've asked the government to amend this legislation and insert a statutory review mechanism. The review will be conducted within six months after the second anniversary of the bill's commencement. The review will be conducted by an independent expert. The government must table the review and must make a response within three months of tabling it. This amendment will also insert a sunset clause. In the event the review does not take place or the report is not acted upon then the amendments to schedule 2 will lapse at the end of the review and implementation period. We must make sure small mum-and-dad investors are protected from the predations of insider trading. One Nation will support the bill with those important amendments.</para>
</speech>
<speech>
  <talker>
    <time.stamp>18:44</time.stamp>
    <name role="metadata">Senator CICCONE</name>
    <name.id>281503</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>[by video link] I want to speak this evening on the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021, currently before the chamber. As we all know, the COVID-19 pandemic has had a profound impact on Australia and its people. After arriving on our shores a little over 12 months ago, this deadly virus has cost the lives and livelihoods of many and has forced government to implement responsive measures that I think most of us would never have envisaged would be necessary. Some of these measures have been positive and have had an important role in lessening the impact of the pandemic on our communities. In particular, I think of JobKeeper, a measure long advocated by those on the opposition side of the chamber and in the labour movement generally. It was begrudgingly embraced by the government and put in place to great effect, as we always knew it would be.</para>
<para>Some measures have perhaps been less consequential to working Australians doing it tough, but were nonetheless necessary to ensure the smooth functioning of the economy. One of those measures is that which this bill would seek to extend. This measure, introduced on 5 May 2020, permits companies and registered schemes to use technology to satisfy the regulatory requirements in the Corporations Act to hold meetings, distribute relevant information and execute certain measures as required. This measure is regrettable but necessary. Certainly, it would be preferable that AGMs and other governance related activities be required to be held in person. Such an arrangement ensures that shareholders, including mum-and-dad investors, are able to hold company directors to account through questioning and voting in a physical setting. Such accountability is essential to good corporate governance. Sadly, with the failure of the government to effectively roll out the vaccine program, it seems likely that strict COVID-19 related restrictions on physical gatherings will continue for some time yet, making such measures necessary.</para>
<para>Labor supports this measure, contained in schedule 1 of the bill, as you would expect given its pragmatic response to government decision-making throughout this crisis. Labor has always been willing to cooperate with the government on matters that are of importance to effectively respond to the COVID-19 pandemic. The opposition has cooperated with the government because this situation is a serious one, and this is what Australians need from us all in this place—positive solutions to the problems.</para>
<para>On the second of the two schedules contained in this bill, however, as articulated by other Labor senators including our shadow minister for finance, we express some serious concerns about the impact that these measures would have on our community. There is no denying that schedule 2 of this bill seeks to permanently weaken Australia's continuous disclosure and misleading and deceptive conduct provisions. Prior to the COVID-19 pandemic wreaking havoc on our country, companies and their directors were legally obligated to disclose to the community any information that was not generally available and that a reasonable person would expect to have a material effect on the value of the company's stock. This is as it should be. It is an essential element of any well-functioning financial system that investors are able to make decisions on the basis of the true state of a business's financial circumstances. Just imagine a world where this wasn't so, where companies could forgo their obligations to be upfront with the market, where cash flow statements were seen as a nice-to-have thing rather than a must-have thing and where shareholder equity statements were a bonus. None of us would like to live in such a world.</para>
<para>While this bill might not seek to undermine international accounting standards in this manner, its flavour is nonetheless the same. Under the pre-COVID legal regime, should a company or a director of a company fail to comply with their obligations of continuous disclosure of material matters to the market, they risked facing civil action from either shareholders or ASIC as the regulator. However, it was the case that a company or a director was not liable for penalty provided that all reasonable steps were taken to ensure that the company complied with its disclosure obligations and, after taking such steps, that the company was of the genuine belief that it was complying with its obligations—a reasonable compromise.</para>
<para>As a temporary measure during the height of the pandemic—a measure which schedule 2 would seek to make permanent—companies and directors that fail to meet their disclosure obligations are only liable for penalty if the company or director acted with knowledge, recklessness or negligence. I am sure that, given the number of legal professionals we have in this place, the difficulty in meeting such a standard of proof is not lost on the Senate. What this bill seeks to do, if made law, is to significantly tip the balance of disclosure obligations in favour of management and to the detriment of investors—in particular our mum-and-dad investors.</para>
<para>The government's explanation in the explanatory memorandum for this bill states that schedule 2 would 'reduce the amount of time entities and officers must spend on assurance that they have complied'. Translated out of BCA corporate speak to plain English, what this actually means is that schedule 2 would drastically improve the odds that companies and their directors will get away with withholding essential company information from investors.</para>
<para>But it doesn't stop there. Schedule 2 would also seek changes to the 'misleading and deceptive conduct' provisions that currently apply to companies and their directors, setting the same standard of 'knowledge, recklessness or negligence'. This change would mean not only that it would be harder to hold company directors accountable where they withhold information from the market but also that it would be harder to hold them accountable in instances where they provide misleading information.</para>
<para>So why is it that the government would seek to disadvantage investors in this way? Why is it that they would seek to give dodgy directors a 'get out of jail free' card when it comes to hiding information or providing false information to the market? One can only speculate. For those listening in to the debate this evening, be in no doubt: schedule 2 of this bill would put the interests of company directors above you—above the interests of self-funded retirees or of your super fund or any other investment vehicle you may be part of.</para>
<para>Before I conclude, I say that any person seeking to participate in the market should be able to count on a strict regime of continuous disclosure to ensure that there is an even playing field between themselves and listed companies. Without this, how can any investor have faith that the information that is presented to them by the management is an accurate reflection of the company's true circumstances? It is an essential part of our financial system. It must be included, and it must not be just a nice thing. It has to happen.</para>
<interjection>
  <talker>
    <name role="metadata">The ACTING DEPUTY PRESIDENT</name>
    <name.id>140651</name.id>
  </talker>
  <para>We'll make another valiant attempt to call Senator Walsh. Have we got a technology lift-off? Yes, we do.</para>
</interjection>
</speech>
<speech>
  <talker>
    <time.stamp>18:52</time.stamp>
    <name role="metadata">Senator WALSH</name>
    <name.id>252157</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>[by video link] I'm pleased to speak on the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021. Labor supports schedule 1 of this bill, which seeks to make virtual AGMs an ongoing feature of our corporate landscape, because that is necessary in these extraordinary times. The Morrison government, as we all know, had two jobs this year: effectively roll out the vaccine and create purpose-built quarantine facilities. As we all know, they failed at both. It's 2020 all over again, and during these uncertain times businesses need to be able to function in socially distant ways and continue their work. That's why extension of virtual AGMs is an absolute no-brainer in the current environment. Virtual AGMs allow businesses to carry on with their work and still meet their obligations to shareholders.</para>
<para>It is really important, though, that these AGMs function as effectively as in-person AGMs, and shareholders and consumers must continue to be afforded transparency and the chance to voice their concerns, pandemic or not. But this government is using the pandemic as an excuse to try and make other permanent and damaging changes to Australian corporations law—changes that Labor just cannot support. Schedule 2 of this bill is the government's attempt at watering down the continuous disclosure obligations that absolutely underpin confidence and integrity in our markets.</para>
<para>In May 2020, the Treasurer used emergency COVID-19 powers to water down John Howard's continuous disclosure obligations. Those changes, which the government is seeking to make permanent today, make it easier for company directors to withhold price-sensitive information or to provide misleading information to shareholders by making it harder for shareholders to take action against dodgy directors. Australia's strong corporate disclosure laws are an absolute cornerstone of our investment framework in this country. These laws protect shareholders. That is what they are there to do, and they make Australian businesses stronger. The high integrity of and trust in Australia's markets are a direct result of the current regime, and it should not be watered down.</para>
<para>Australian markets are unique from others due to the high rate of retail investments, and it's women, particularly older women, who are participating in our markets with renewed confidence and greater financial literacy than ever before. The Senate inquiry heard evidence from Professor Peta Spender that there is a growing rate of direct investment from women and from young people, or 'millennials' as she called them. Professor Spender said:</para>
<quote><para class="block">… retail investors don't have the same access to information that the institutional investors have. They've got some hesitancy about information, and that's reflected through the ASX investor survey.</para></quote>
<para>Strong continuous disclosure laws empower women and empower young people to invest. They underpin confidence. They underpin confidence that our markets are being held to high standards regarding timely and accurate information, so it is crucial that investors have as complete a picture as possible when they're making choices between different opportunities. When the exchange of information about a company's performance does not live up to the expectation of honesty and transparency then trust in our markets begins to erode.</para>
<para>This government has a history of backing the interests of certain market participants over an even-handed approach that would actually create and maintain the efficient markets that we have in Australia. Schedule 2 of this bill is the government's next step in the latest rebalancing of interests—a rebalancing that puts the interests of a small number of company directors above the interests of mum-and-dad investors and above the interests of those women and young people who are investing more than ever before in Australia's markets. It puts the interests of a small number of company directors above the interests of self-funded retirees as well.</para>
<para>There has also been a complete lack of consultation on this legislation. In December 2018, the Australian Law Reform Commission recommended a comprehensive review of the continuous disclosure laws. The recommendation was clear that any such review would need to undertake wide consultation. Not only did the government fail to act on that recommendation almost three years ago; today, with this legislation, they are ignoring it entirely. During the committee inquiry into this bill, the Treasury admitted that neither it nor the Treasurer had consulted with any external stakeholders in relation to schedule 2 of this bill. Bank Reform Now, another witness at the hearings, noted that the lack of consultation was, in their word, 'suspicious'. They said this government was pushing this agenda for various reasons which aren't in the interests of the community or shareholders. So, if these changes aren't in the interests of the community, why is the government pushing them through?</para>
<para>The main reason the Morrison government has offered for these changes is the supposed threat of opportunistic class actions by shareholders. The thing is that the Morrison government have completely failed to define or say what it is they mean by the term 'opportunistic shareholder class actions'. Our best guess is that this government thinks that all class actions are opportunistic, whether they're brought by shareholders or any other group of Australians. This government have a bit of experience with class actions, like the one brought against them by the victims of the Prime Minister's illegal robodebt scheme—a scheme that saw $1.5 billion in unlawful debt notices given to 600,000 vulnerable Australians. I wonder if they considered that class action opportunistic? Instead of learning the lesson and improving governance, the Morrison government has chosen to take revenge on all class action lawsuits. According to this government, class action litigants are the problem, and that includes investors in public companies.</para>
<para>Lets be clear: the Morrison's government's obsession with class actions has no basis in facts. Shareholder class actions make up well under one per cent of cases filed in the Federal Court. The CEO of Omni Bridgeway, Mr Andrew Saker, gave evidence at a committee hearing and quoted research which found that, from 1992 to 2019, only 63 companies or corporate groups had class actions filed against them on behalf of shareholders. When I asked him to comment further, he described this narrative from the government as a myth. He told us that there has been a downward trend over the last three years in regard to shareholder class actions. So it's not so much the worrying trend that this government has made it out to be.</para>
<para>However, there is one trend that we should all be worried about, and that is the dangerous trend emerging from the Morrison government—a trend towards secrecy, a trend against transparency that can be seen across a range of corporate law reforms. It is a trend that must be stopped. ASIC have referred to Australia's pre-COVID continuous disclosure laws as a 'fundamental tenet of our markets'. They say that these laws are 'particularly important during times of market uncertainty and volatility'. They say:</para>
<quote><para class="block">The economic significance of fair and efficient capital markets dwarfs any exposure to class action damages.</para></quote>
<para>So, if we want a strong economic recovery, we need strong markets and we need consumer confidence. This government is using the pandemic as an excuse to make permanent and damaging changes to Australia's corporations laws—changes that would weaken our markets just as we are trying to recover, changes that would take away the rights of shareholders to hold companies and company directors to account, changes that would stifle the growth of women and young people investing in our markets. Those opposite have once again shown that they are not on the side of ordinary Australians: mum and dad investors, ordinary workers, Australians trying to save for their retirement. The Morrison government is not on their side.</para>
</speech>
<speech>
  <talker>
    <time.stamp>19:02</time.stamp>
    <name role="metadata">Senator BROCKMAN</name>
    <name.id>30484</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I too rise to speak on the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021. With the indulgence of the Senate, I will briefly give a quick hello to my children, who I think are listening. Hi, Jonathan. Hi, Eleanor. Hi, Felicity. I will now get on with my speech. I first want to pay tribute to a previous speech in this place from my colleague Senator Scarr. It really goes to demonstrate the breadth of experience and talent on this side of the chamber. Senator Scarr was very much in his wheelhouse and could bring on-the-ground experience from previous roles to this place when discussing this very important issue. I certainly can't emulate that experience, but it's certainly great to have that voice of wisdom and knowledge in this place. That was an extraordinarily good contribution from my colleague.</para>
<para>However, I wish to speak on this bill in part because, as Chair of the Senate Economics Legislation Committee, we had two bites of the cherry on this bill. We looked at this one in the Senate Economics Legislation Committee, which is correctly where the bill was initially referred. It is a matter of some import. The government acknowledges that and, quite correctly, the Senate Economics Legislation Committee did look at it. Then, as is its right, admittedly, this place decided to refer it to the Senate Economics References Committee for a second look. While I question the worth of doing that, who did we hear from in the Senate references hearings? Who was it that those opposite were so keen to hear from about this bill? It was, of course, the class action litigators and the class action litigation funders, and you don't have to be a rocket scientist to work out why: they've got some interest in this matter because it undermines a business model, not because it fundamentally changes continuous disclosure in this country. And that is a very important thing for all those small investors out there to understand. Contrary to what is perhaps being propagated in this place by those opposite, this is not undoing continuous disclosure in this place. The continuous disclosure regime is strong. It's an extraordinarily positive part of our corporate regulatory environment and it continues to play an important part. As Senator Scarr pointed out and as was pointed out by many in the committee hearings on this matter, this removes a strict liability provision. It does not change the obligations of continuous disclosure under the Corporations Law.</para>
<para>I do wish to start, however, with schedule 1 of the bill, which reinstates the temporary relief which allowed companies to use technology to meet regulatory requirements to hold meetings, distribute meeting related materials and validly execute documents electronically. This expired on 21 March 2021. This relief was initially introduced in May 2020, using a temporary instrument making power, which was inserted into the Corporations Act as part of the government's response to the coronavirus crisis and was subsequently extended. The relief enables the continuation of businesses by allowing companies to hold meetings virtually and to send meeting related materials and execute documents electronically. The extension of this relief will allow businesses to continue to comply with their regulatory requirements as they continue to deal with coronavirus outbreaks as they occur. While this relief expired in March 2021, the rationale for introducing it remains: uncertainty remains due to coronavirus related public health orders that are introduced from time to time. To ensure companies and their officers have sufficient flexibility to comply with their regulatory requirements, parliamentary amendments are being made to schedule 1. So we're extending schedule 1 from 15 September 2021 to 31 March 2022, removing the requirements for companies and registered schemes to notify members of their right to elect to receive documents in hard copy and giving ASIC permanent powers to issue relief for requirements in respect of meetings and documents in exceptional circumstances, such as those caused by coronavirus.</para>
<para>The amendments address feedback from the Senate economics committee and stakeholder feedback received as part of the committee's inquiry. The extended relief will give certainty to many listed and unlisted companies that have 30 June and 30 September year ends and are expected to hold their AGMs in the second half of this year or early next year. The amendments remove the requirement for companies and registered schemes to notify members of their right to opt in to receive meeting related documents in hard copy—that is, they will not have to notify within two months of the bill passing and within two months of a person becoming a member. This addresses feedback received during various inquiries into the bill. Stakeholders noted that the notification requirements introduced unnecessary regulatory burden because they require companies to send a bespoke notification. However, this is mitigated by the following. Many members have already consented to receive electronic copies, and the company or registered scheme will only be able to send documents by electronic means if the company has the member's electronic communication details, and members who have not provided electronic communication details may receive a postcard on how to access documents online. Finally, the members who opted in to receive hard copy documents will continue to receive hard copy documents. In addition, alternative notification requirements are being explored for future permanent reforms.</para>
<para>Entities will also have greater certainty that, as exceptional circumstances arise from time to time, such as we are currently in, ASIC will have the permanent power to issue relief, including extending time frames within which AGMs must be held; allowing for meetings to be held virtually and for documents, whether or not meeting related, to be sent electronically and for standing elections to receive hard copies; and extending the time frame for an entity to provide documents to members. Overall, the amendments provide greater flexibility and certainty to businesses to meet their obligations during the disruptions caused by the coronavirus crisis or similar future disruptions.</para>
<para>I wish to speak briefly about schedule 2, which is obviously the area which has caused the most contention in this place. The government provided temporary relief to companies during the coronavirus crisis surrounding disclosure to the market. The instrument allowed them to make those disclosures with reduced concerns that they will be targeted by class actions in instances where they have acted without knowledge, recklessness or negligence. The first temporary instrument was made in May 2020 and was extended in September 2020 for an additional six months to March 2021. Schedule 2 makes permanent the introduction of a fault element following on from the two temporary instruments.</para>
<para>The reforms to these continuous disclosure laws were reviewed at length by two committees, or three different committees really—the Parliamentary Joint Committee on Corporations and Financial Services, the Economics Legislation Committee and the Economics References Committee. Schedule 2 actually implements recommendation 29 of the original Parliamentary Joint Committee on Corporations and Financial Services report. That committee conducted a number of public hearings over a seven-month period and received over 100 submissions. The changes to continuous disclosure reduced the threat to companies and their officers of being subject to opportunistic class action. The changes do not change the legal duty for companies to disclose information to the market that is material or price sensitive, and they do not, Senator McKim, amend the standard for criminal prosecution or the standard at which ASIC can issue an infringement notice or undertake non-civil penalty action.</para>
<para>Just briefly in winding up, I want to read a couple of statements from the Australian Institute of Company Directors to the Senate Standing Committees on Economics inquiry into this, because I think they do make a couple of really key points. I don't think anyone in this place would really make the argument that the AICD is a partisan organisation. The AICD, in submitting to that committee, said:</para>
<quote><para class="block">…the proposed amendments, in our view, do not change the obligations on continuous disclosure placed on companies and their officers. Directors who are reckless or negligent in respect of their disclosure obligations or who knowingly seek to breach them will continue, under the proposals, to be subject to the full force of the law, as they should be.</para></quote>
<para>The AICD also pointed to the harm that is being caused by the strict liability basis in the current law, saying:</para>
<quote><para class="block">…in our view, the current class actions regime leads to adverse outcomes for Australian businesses and shareholders. On continuous disclosure, a strict liability approach is not appropriate for obligations that involve time-sensitive and complex judgement calls, and it is currently too easy to launch or to threaten securities class actions for alleged breaches of these strict liability provisions.</para></quote>
<para>That is a very important point, because it's not just about launching class actions. We've heard quoted from those opposite in this place, a number of times, the number of class actions that were launched. It's not just about launching class actions; it is also about threatening class action. It goes to the point that Senator Scarr made so eloquently: the chilling effect that this can have on the positive operation of our continuous disclosure laws. I certainly commend the bill to the chamber.</para>
</speech>
<speech>
  <talker>
    <time.stamp>19:14</time.stamp>
    <name role="metadata">Senator GRIFF</name>
    <name.id>76760</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>[by video link] I too rise to speak on the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021. There are two parts to this bill. The first deals with electronic company documents and virtual meetings. These measures are uncontroversial, so I won't address them, except to say that Centre Alliance supports the changes, believes them to be well overdue and would support their permanent extension.</para>
<para>The second part of the bill deals with the changes to the continuous disclosure obligations of listed companies. This has become contentious, and I feel it is important to explain our position. I was sceptical of this bill when I first heard about it. My initial impression was that company directors were in a fight with class action lawyers, and the government had decided to throw its weight behind the directors. Labor threw its own weight behind the lawyers, so it was left to the crossbench to determine who should really prevail.</para>
<para>I recognise that directors play an important role in our society by ensuring companies are well run and accountable to their shareholders. Class action lawyers also play an important role in our society. When big businesses engage in wrongdoing, class actions provide a means for redress, a way for an ordinary person to be compensated for any harm that they suffer. This creates a powerful incentive for businesses to treat their customers and stakeholders fairly.</para>
<para>Directors and lawyers are both powerful, well-funded interest groups, and I'm not surprised that they have friends in this place. But Centre Alliance is not a friend of either group. We're not here to serve any special interest; we're here to serve the public interest. So I was indifferent to this bill, because I thought the public interest was not served either way. As I worked through the bill, through multiple inquiries, many submissions and a number of meetings with stakeholders through my office, it became very clear that there was much more to this issue.</para>
<para>The things I learned have influenced my views. One important point is that class actions can proceed on the basis of a purely technical, even trivial, breach of the disclosure obligations. A litigant does not need to demonstrate any wrongdoing by the company or its officers. There doesn't even need to be any incompetence or negligence. Similarly, class actions can proceed even where the litigant has not suffered any real financial harm. Now, it's difficult to see how the public interest is served by class actions that proceed on the basis of technical breaches where shareholders are not harmed.</para>
<para>Another important point is that there is a public interest here. Every working Australian is a shareholder by virtue of their superannuation, and it is clear the current continuous disclosure regime is hurting those Australians. They are hurt by having to pay for insurance against spurious class actions, they are hurt by having to pay the legal fees to defend class actions, and they are hurt by having to pay any settlements that result. Treasury estimates that these changes will save shareholders more than $900 million every year in reduced legal and insurance costs. That is hundreds of millions of dollars a year currently going to lawyers and insurers, rather than shareholders, and those costs are increasing rapidly.</para>
<para>The loopholes in our continuous disclosure laws have been exploited by third-party litigant funders, investors who fund speculative litigation in order to secure settlement payouts. As the number of speculative class actions rises, so do the costs of insuring against them. Data provided to the inquiry shows D&O insurance premiums doubled between 2005 and 2018 and then doubled again in 2019. Shareholders bear the costs in the form of lower returns on their investments, which means Australians have less money saved for buying a home, for investing in a business and for their retirement. None of it—absolutely none of it—is contributing towards a better society or a better economy.</para>
<para>Clearly there is a problem with the continuous disclosure regime. It's a problem which has been exploited by lawyers and litigation investors. Something needs to be done, and this bill is a reasonable response to the problem. It does not prohibit class actions; it simply requires a class action to demonstrate some wrongdoing by the company. The disclosure breach must be done knowingly, recklessly or negligently. This change will prevent many spurious class actions from proceeding, which will reduce the legal risk and the insurance cost. It will do so without compromising the essential function of class actions in ensuring companies meet their disclosure obligations and provide redress where they fail to do so. And it will not compromise the regulators' role in bringing criminal proceedings for serious breaches. It is a sensible and reasonable change that will serve the public interest and it is one that Centre Alliance will be supporting.</para>
</speech>
<speech>
  <talker>
    <time.stamp>19:20</time.stamp>
    <name role="metadata">Senator ROBERTS</name>
    <name.id>266524</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>As a servant to the people of Queensland and Australia, I speak today on the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021. The real problem this legislation claims to address is not COVID. The problem is the government's restrictions and the government's lack of a comprehensive plan for managing COVID. State and federal government restrictions and lack of a plan are causing enormous uncertainty. The exemptions and reporting rules that were rushed through parliament last year are a mess that this legislation is trying to correct. One Nation requested and received amendments to ensure the bill is reviewed promptly. If that review is not properly conducted then the provisions will sunset. They'll end.</para>
<para>Schedule 1 of the bill in its original form contained measures to legalise the most egregious behaviour by arrogant corporations seeking to avoid scrutiny by shareholders. Annual general meetings are where shareholders encourage the directors to make better decisions for the good of the company. It seemed that this government needed to be reminded of the most basic rule of proprietary companies: directors work for the shareholders, not the other way round. It appears the government did get that message. This bill now sunsets on 31 March 2022. From 1 April next year, new legislation will replace these temporary measures. The replacement legislation is the Corporations Amendment (Virtual. Meetings and Electronic Communications) Bill 2020. Having reviewed that legislation, it does appear to address the concerns One Nation had. The government is, however, on notice to bring that bill on as circulated. The other measures in schedule 1 around electronic filing of documents are long overdue and we support them. One Nation will be supporting schedules 1 and 2 as amended.</para>
</speech>
<speech>
  <talker>
    <time.stamp>19:22</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I thank all senators for their contributions to this debate. The government is supporting the continuation of business while the coronavirus crisis continues to cause uncertainty and public health orders are imposed from time to time. Schedule 1 to the bill extends temporary relief to 31 March 2022. This relief allows companies to use technology to do three things: (1) to meet the regulatory requirements in the Corporations Act 2001 to hold meetings such as annual general meetings; (2) to distribute meeting materials, such as notices of meetings; and (3) to validly execute documents. To provide for future flexibility, the reforms give ASIC permanent powers to issue relief for requirements in respect of meetings and sending documents where beyond the control of the company. The government will continue to evaluate and improve regulatory settings. A review of annual general meetings will be conducted during the main annual general meeting season later this year. This review will assess how technology is effectively being used by companies to support engagement with shareholders and to ensure that regulatory settings support Australia's economic recovery plan.</para>
<para>Schedule 2 of the bill will amend our continuous disclosure laws so that companies and their officers will only be liable for civil penalty proceedings where they acted with knowledge, recklessness or negligence with respect to updates on price-sensitive information to the market. A review of the continuous disclosure reforms by an independent expert must be commissioned within six months of the second anniversary of their commencement. This will ensure that there is a legislative process for considering the effect of continuous disclosure reforms. These have been considerably contentious reforms, but I think it's important to remind the chamber that this is not undoing continuous disclosure. In fact, continuous disclosure obligations remain. It simply removes that strict liability provision.</para>
<para>Importantly, ASIC can pursue administrative, civil or criminal action regarding continuous disclosure. The standards for administrative and criminal action are entirely unaffected by these reforms. It is only the civil penalty standard that is changing so that ASIC must prove knowledge, recklessness or negligence. In fact, civil action can seek damages of the greater of $10.5 million or 10 per cent of a company's turnover. So you can understand that, with penalties of that magnitude—quite huge penalties, potentially—for an inadvertent breach, under continuous disclosure regimes, that is an unsustainable burden on the effective operations of these companies. It's also important to understand that, under existing standards for administrative actions by ASIC, ASIC doesn't have to prove knowledge, recklessness or negligence in order to issue infringement notices. These are up to $100,000. ASIC can, at the same time, also use enforcement tools such as court orders to require information to be disclosed.</para>
<para>Let me return to schedule 1. The reforms that we have introduced with schedule 1 were originally introduced on 5 May 2020 using a temporary instrument-making power which was inserted into the Corporations Act 2001 as part of the government's response to the coronavirus. That relief was extended in September 2020 for a further six months. While this relief expired on 21 March 2021, the rationale for introducing it, of course, remains. Uncertainty remains, due to COVID-19 and public health orders that are introduced from time to time. The relief that we've introduced in schedule 1 enables the continuation of businesses by allowing companies to host meetings virtually and to send meeting related materials and execute documents electronically. The extension of the relief will allow businesses to continue to comply with their regulatory obligations as they continue to deal with the uncertainty caused by the coronavirus.</para>
<para>There are amendments that are being introduced by the government which will, as a result of the uncertainty caused by the coronavirus crisis, extend the relief for those companies and their officers, so that they can comply with the regulatory requirements in the Corporations Act in respect of meetings, meeting related materials and document executions. Those amendments will also provide certainty to the many listed and unlisted companies that have 30 June and 30 September year ends and are expected to hold their annual general meetings in the second half of this year or early next year.</para>
<para>Also, to provide future flexibility, amendments are being made to provide powers to ASIC to issue relief in respect of those meetings and the sending of documents in exceptional circumstances, such as those caused by the coronavirus crisis. Requirements to notify members of their right to opt in to receive hard copy meeting material are also being removed. This is in response to feedback that these requirements would introduce unnecessary regulatory burdens. Alternative notification requirements are also being considered in the permanent reforms. Importantly, the amendments extend the relief until 31 March 2022 and will cover the majority of listed companies and many more unlisted companies which have 30 June and 30 September year-end dates and which are expected to hold AGMs in the second half of the year. The government intends to implement permanent reforms that will continue to allow companies to electronically sign company documents and send meeting related materials electronically. ASIC's relief powers are permanent and do not sunset on 31 March 2022.</para>
<para>To ensure future flexibility, ASIC will also be provided with powers to provide temporary relief in relation to the time frame in which an AGM must be held; in relation to whether meetings are held virtually, even if this is not permitted in the entity's constitution; as to whether documents, whether or not meeting related, can be sent electronically, regardless of standing elections to receive hard copies; and to extend the time frame for an entity to provide documents to members. ASIC can exercise this power if it considers that it may be unreasonable to expect the entity or entities to comply with legal requirements because of a situation that is beyond the control of the entities. Any determination issued by ASIC under this power will apply for a maximum of 12 months.</para>
<para>The government acknowledges the recommendations of the Senate Economics Legislation Committee and the Senate Economics References Committee in their reports dated 12 March 2021 and 30 June 2021, respectively. Having considered both reports, the government supports the conclusions and the recommendation in the Senate Economics Legislation Committee majority report and the Senate Economics References Committee dissenting report to pass this bill. I commend the bill to the Senate.</para>
<interjection>
  <talker>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
  </talker>
  <para>The question is that the second reading amendment moved by Senator Gallagher be agreed to.</para>
</interjection>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The Senate divided. [19:34]<br />(The President—Senator Ryan)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>15</num.votes>
                <title>AYES</title>
                <names>
                  <name>Brown, CL</name>
                  <name>Chisholm, A (teller)</name>
                  <name>Farrell, D</name>
                  <name>Gallagher, KR</name>
                  <name>Hanson-Young, SC</name>
                  <name>Lines, S</name>
                  <name>McKim, NJ</name>
                  <name>O'Neill, D</name>
                  <name>Patrick, RL</name>
                  <name>Pratt, LC</name>
                  <name>Siewert, R</name>
                  <name>Urquhart, AE</name>
                  <name>Waters, LJ</name>
                  <name>Watt, M</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </ayes>
              <noes>
                <num.votes>18</num.votes>
                <title>NOES</title>
                <names>
                  <name>Askew, W</name>
                  <name>Brockman, S</name>
                  <name>Cash, MC</name>
                  <name>Davey, P</name>
                  <name>Hume, J</name>
                  <name>Lambie, J</name>
                  <name>McKenzie, B</name>
                  <name>McMahon, S</name>
                  <name>O'Sullivan, MA</name>
                  <name>Rennick, G</name>
                  <name>Reynolds, L</name>
                  <name>Roberts, M</name>
                  <name>Ruston, A</name>
                  <name>Ryan, SM</name>
                  <name>Seselja, Z</name>
                  <name>Small, B</name>
                  <name>Smith, DA (teller)</name>
                  <name>Stoker, AJ</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names />
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question negatived.</p>
              </body>
            </division.result>
          </division><speech>
  <talker>
    <time.stamp>19:37</time.stamp>
    <name role="metadata">The PRESIDENT</name>
    <name.id>I0Q</name.id>
    <electorate></electorate>
  </talker>
  <para>The question is that the bill be read a second time.</para>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The Senate divided. [19:37]<br />(The President—Senator Ryan)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>28</num.votes>
                <title>AYES</title>
                <names>
                  <name>Askew, W</name>
                  <name>Brockman, S</name>
                  <name>Brown, CL</name>
                  <name>Canavan, MJ</name>
                  <name>Cash, MC</name>
                  <name>Chandler, C</name>
                  <name>Chisholm, A</name>
                  <name>Davey, P</name>
                  <name>Gallagher, KR</name>
                  <name>Hume, J</name>
                  <name>Lambie, J</name>
                  <name>McKenzie, B</name>
                  <name>McMahon, S</name>
                  <name>O'Sullivan, MA</name>
                  <name>Paterson, J</name>
                  <name>Patrick, RL</name>
                  <name>Rennick, G</name>
                  <name>Reynolds, L</name>
                  <name>Roberts, M</name>
                  <name>Ruston, A</name>
                  <name>Ryan, SM</name>
                  <name>Scarr, P</name>
                  <name>Small, B</name>
                  <name>Smith, DA (teller)</name>
                  <name>Stoker, AJ</name>
                  <name>Urquhart, AE</name>
                  <name>Van, D</name>
                  <name>Watt, M</name>
                </names>
              </ayes>
              <noes>
                <num.votes>5</num.votes>
                <title>NOES</title>
                <names>
                  <name>Hanson-Young, SC</name>
                  <name>McKim, NJ</name>
                  <name>Siewert, R (teller)</name>
                  <name>Waters, LJ</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names />
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to.<br />Bill read a second time.</p>
              </body>
            </division.result>
          </division></subdebate.2><subdebate.2><subdebateinfo>
            <title>In Committee</title>
            <page.no>100</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>19:40</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I table two supplementary explanatory memoranda relating to the government amendments to be moved on this bill. On behalf of the government, I seek leave to move government amendments (1) to (5) and (7) to (10) on PG150 together.</para>
<para>Leave granted.</para>
<continue>
  <talker>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
  </talker>
  <para>I move:</para>
<quote><para class="block">(1) Schedule 1, page 3 (before line 4), before the heading specifying <inline font-style="italic">Corporations Act 2001</inline>, insert:</para></quote>
<quote><para class="block">Part 1—Main amendments</para></quote>
<quote><para class="block">(2) Schedule 1, item 31, page 13 (line 5), omit "At the end of Chapter2G", substitute "After Part2G.4".</para></quote>
<quote><para class="block">(3) Schedule 1, item 31, page 17 (lines 13 to 26), omit subsections 253RB(4) to (7).</para></quote>
<quote><para class="block">(4) Schedule 1, item 31, page 18 (lines 21 to 35), omit subsections 253RC(4) to (7).</para></quote>
<quote><para class="block">(5) Schedule 1, page 21 (after line 15), after item 33, insert:</para></quote>
<quote><para class="block">Part 2—Other amendments</para></quote>
<quote><para class="block"> <inline font-style="italic">Corporations Act 2001</inline></para></quote>
<quote><para class="block">33A In the appropriate position in Chapter 2G</para></quote>
<quote><para class="block">Insert:</para></quote>
<quote><para class="block">Part 2G.6—Exceptional circumstances</para></quote>
<quote><para class="block">253T Exceptional circumstances—AGM</para></quote>
<quote><para class="block">(1) A public company is taken to comply with subsections 250N(1) and (2) in relation to an AGM if:</para></quote>
<quote><para class="block">(a) the company is in a class of companies specified in a determination under subsection (2); and</para></quote>
<quote><para class="block">(b) the company holds the AGM within the period of extension specified in the determination.</para></quote>
<quote><para class="block">(2) ASIC may, by legislative instrument, make a determination specifying a class of public companies, if ASIC considers that it may be unreasonable to expect the companies in the specified class to hold AGMs within the time required under section 250N because of a situation that is beyond the control of those companies.</para></quote>
<quote><para class="block">(3) The determination must specify a period of extension of that time.</para></quote>
<quote><para class="block">(4) The determination may be subject to specified conditions applying to public companies in the specified class. A company to which a condition specified in the determination applies must comply with the condition. The Court may order the company to comply with the condition in a specified way.</para></quote>
<quote><para class="block">(5) Unless revoked earlier, the determination is repealed at the end of 12 months after the day on which it commences.</para></quote>
<quote><para class="block">253TA Exceptional circumstances—virtual meetings</para></quote>
<quote><para class="block">(1) An entity may hold a meeting of its members, using virtual meeting technology only (even if this is not required or permitted by the entity's constitution expressly), if:</para></quote>
<quote><para class="block">(a) the entity is specified in a determination under subsection (2); or</para></quote>
<quote><para class="block">(b) the entity is in a class of entities specified in a determination under subsection (2).</para></quote>
<quote><para class="block">(2) ASIC may make a determination specifying an entity, or a class of entities, if ASIC considers that it may be unreasonable to expect the specified entity, or entities in the specified class, to hold meetings wholly or partially at one or more physical venues because of a situation that is beyond the control of the entity, or the entities in the class.</para></quote>
<quote><para class="block">(3) The determination is:</para></quote>
<quote><para class="block">(a) a notifiable instrument, if it specifies an entity; or</para></quote>
<quote><para class="block">(b) a legislative instrument, if it specifies a class of entities.</para></quote>
<quote><para class="block">(4) The determination may be subject to specified conditions applying to the specified entity, or to entities in the specified class. An entity to which a condition specified in the determination applies must comply with the condition. The Court may order the entity to comply with the condition in a specified way.</para></quote>
<quote><para class="block">(5) Unless revoked earlier, the determination is repealed at the end of 12 months after the day on which it commences.</para></quote>
<quote><para class="block">(6) A reference in this section to an entity is a reference to any of the following:</para></quote>
<quote><para class="block">(a) a company;</para></quote>
<quote><para class="block">(b) a registered scheme.</para></quote>
<quote><para class="block">33B After section 1344</para></quote>
<quote><para class="block">Insert:</para></quote>
<quote><para class="block">1345 Exceptional circumstances—giving documents</para></quote>
<quote><para class="block">(1) Subsections (2) to (4) apply in relation to a document that is required or permitted under this Act to be given by an entity to another entity (the <inline font-style="italic">recipient</inline>) if:</para></quote>
<quote><para class="block">(a) the entity giving the document is specified, or is in a class of entities specified, in a determination under subsection (5); and</para></quote>
<quote><para class="block">(b) the document is specified, or is in a class of documents specified, in the determination.</para></quote>
<quote><para class="block"> <inline font-style="italic">Giving document by electronic communication etc.</inline></para></quote>
<quote><para class="block">(2) If the determination specifies that the document, or documents in that class, may be given in accordance with this subsection, then the document may be given:</para></quote>
<quote><para class="block">(a) by means of an electronic communication; or</para></quote>
<quote><para class="block">(b) by giving the recipient (by means of an electronic communication or otherwise) sufficient information to allow the recipient to access the document electronically.</para></quote>
<quote><para class="block">(3) However, electronic communication or electronic access may only be used if, at the time the electronic communication is used or information about the electronic access is given, it is reasonable to expect that the document would be readily accessible so as to be useable for subsequent reference.</para></quote>
<quote><para class="block"> <inline font-style="italic">Extension of time</inline></para></quote>
<quote><para class="block">(4) If the requirement or permission mentioned in subsection (1) is for the document to be given within a particular time, the document is taken to have been given within that time if:</para></quote>
<quote><para class="block">(a) the determination specifies a period of extension of that time that applies to the giving of the document by the entity to the recipient; and</para></quote>
<quote><para class="block">(b) the specified period of extension starts after the determination is made; and</para></quote>
<quote><para class="block">(c) the document is given by the entity to the recipient within the specified period of extension.</para></quote>
<quote><para class="block"> <inline font-style="italic">ASIC may make determination</inline></para></quote>
<quote><para class="block">(5) ASIC may make a determination specifying:</para></quote>
<quote><para class="block">(a) an entity, or a class of entities; and</para></quote>
<quote><para class="block">(b) a document, or a class of documents, required or permitted to be given under this Act (including a class that is any such document); and</para></quote>
<quote><para class="block">(c) one or more matters mentioned in subsections (6) and (7).</para></quote>
<quote><para class="block">(6) ASIC may specify that the document, or documents in that class, may be given in accordance with subsection (2) (giving document by electronic communication etc.), if ASIC considers that it may be unreasonable to expect the specified entity, or entities in the specified class, to give the document, or documents in the specified class, in a physical form because of a situation that is beyond the control of the entity, or the entities in the class.</para></quote>
<quote><para class="block">(7) To the extent that the document, or documents in that class, are required or permitted under the Act to be given by the entity, or the entities in the class, within a particular time (the <inline font-style="italic">original time</inline>), ASIC may specify a period of extension of that time applying in relation to the giving of the document or documents in that class, if ASIC considers that it may be unreasonable to expect the entity, or entities in the class, to give the document, or documents in the class, within the original time, because of a situation that is beyond the control of the entity, or the entities in the class.</para></quote>
<quote><para class="block"> <inline font-style="italic">Other matters relating to determination</inline></para></quote>
<quote><para class="block">(8) A determination under subsection (5) is:</para></quote>
<quote><para class="block">(a) a notifiable instrument, if it specifies an entity; or</para></quote>
<quote><para class="block">(b) a legislative instrument, if it specifies a class of entities.</para></quote>
<quote><para class="block">(9) The determination may be subject to specified conditions applying to the specified entity, or to entities in the specified class. An entity to which a condition specified in the determination applies must comply with the condition. The Court may order the entity to comply with the condition in a specified way.</para></quote>
<quote><para class="block">(10) Unless revoked earlier, the determination is repealed at the end of 12 months after the day on which it commences.</para></quote>
<quote><para class="block">(11) This section has effect despite any election (however described) by an entity to be given a document in a physical form.</para></quote>
<quote><para class="block">Part 3—Application and transitional provisions</para></quote>
<quote><para class="block"> <inline font-style="italic">Corporations Act 2001</inline></para></quote>
<quote><para class="block">(7) Schedule 1, item 34, page 23 (line 25), omit the heading to section 1679F, substitute:</para></quote>
<quote><para class="block">1679F Amendments made by Part 1 do not apply on and after 1 April 2022</para></quote>
<quote><para class="block">(8) Schedule 1, item 34, page 23 (line 26), omit "16 September 2021", substitute "1 April 2022".</para></quote>
<quote><para class="block">(9) Schedule 1, item 34, page 23 (line 27), before "Schedule 1", insert "Part 1 of".</para></quote>
<quote><para class="block">(10) Schedule 1, item 34, page 23 (line 31), omit "16 September 2021", substitute "1 April 2022".</para></quote>
<para>These amendments address feedback from the Senate Economics References Committee report which was tabled on 30 June 2021 and stakeholder feedback received as part of the committee's inquiry. The extended relief will give certainty to many listed and unlisted companies that have 30 June and 30 September year ends and are expected to hold their annual general meetings in the second half of this year or early next year. The amendments remove the requirement for companies and registered schemes to notify members of their right to opt in to receive meeting related documents in hard copy. That is they will not have to notify (1) within two months of the bill passing and (2) within two months of a person becoming a member.</para>
<para>This addresses feedback received during inquiries into the bill by the Senate Economics Legislation Committee and the Senate Economics References Committee. Stakeholders noted that the notification requirements introduced unnecessary regulatory burden because they require companies to send a bespoke notification. However, this is mitigated by the following: first, many members have already consented to receiving electronic copies; second, the company or the registered scheme will only be able to send documents via electronic means if the company has the member's electronic communication details; third, members who have not provided electronic communication details may receive a postcard with details on how to access the documents online; and, finally, members who have opted in to hard copy documents will continue to receive hard copy documents.</para>
<para>In addition, alternative notification requirements are being explored for future permanent reforms. Entities will also have greater certainty that as exceptional circumstances arise from time to time, such as the coronavirus crisis, ASIC will have the permanent power to issue relief. This relief includes extending the time frame in which an AGM must be held; allowing for meetings to be held virtually; allowing documents, whether or not meeting related, to be sent electronically regardless of standing elections to receive hard copies; and extending the time frame for an entity to provide documents to members. Overall the amendments provide greater flexibility and certainty for businesses to meet obligations during the disruptions caused by the coronavirus crisis. We also oppose schedule 1 in the following terms:</para>
<quote><para class="block">(6) Schedule 1, item 34, page 22 (line 17) to page 23 (line 3), section 1679B TO BE OPPOSED.</para></quote>
<quote><para class="block">(11) Schedule 1, items 35 and 36, page 24 (lines 1 to 4) TO BE OPPOSED.</para></quote>
<para>The TEMPORARY CHAIR: The question is that amendments (1) to (5) and (7) to (10) on sheet PG150 be agreed to.</para>
<para>Question agreed to.</para>
<para>The TEMPORARY CHAIR: The question is that item 34 in section 1679B and items 35 and 36 of schedule 1 stand as printed.</para>
<para>Question negatived.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>19:44</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I move government amendment (1) on sheet RS134:</para>
<quote><para class="block">(1) Schedule 2, item 55, page 37 (after line 16), at the end of Part 10.56, add:</para></quote>
<quote><para class="block">1683B Review of operation of laws</para></quote>
<quote><para class="block">(1) The Minister must cause a review of the operation of the amendments made by Parts 1 and 2 of Schedule 2 to the amending Act to be conducted by an independent expert within 6 months after the second anniversary of the commencement of this section.</para></quote>
<quote><para class="block">(2) The person who conducts the review must give the Minister a written report of the review.</para></quote>
<quote><para class="block">(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.</para></quote>
<quote><para class="block"> <inline font-style="italic">Recommendations</inline></para></quote>
<quote><para class="block">(4) The report may set out recommendations to the Commonwealth Government.</para></quote>
<quote><para class="block">(5) If the report sets out one or more recommendations to the Commonwealth Government, the report must set out the reasons for those recommendations.</para></quote>
<quote><para class="block"> <inline font-style="italic">Government response to recommendations</inline></para></quote>
<quote><para class="block">(6) If the report sets out one or more recommendations to the Commonwealth Government, as soon as practicable, and in any event within 3 months, after the report is first tabled in a House of the Parliament, the Minister must cause:</para></quote>
<quote><para class="block">(a) a statement setting out the Commonwealth Government's response to each of the recommendations to be prepared; and</para></quote>
<quote><para class="block">(b) the statement to be published on the Department's website.</para></quote>
<quote><para class="block">1683C Amendments made by Schedule 2 to the amending Act cease to have effect if review of operation of laws is not conducted</para></quote>
<quote><para class="block">(1) This section applies if the Minister:</para></quote>
<quote><para class="block">(a) fails to cause a review to be conducted in accordance with subsection 1683B(1) within the period required by that subsection; or</para></quote>
<quote><para class="block">(b) is given a written report of a review conducted in accordance with subsection 1683B(1), but fails to cause a copy of the report to be tabled in each House of the Parliament within the period required by subsection 1683B(3); or</para></quote>
<quote><para class="block">(c) is given a written report of a review conducted in accordance with subsection 1683B(1) that sets out one or more recommendations to the Commonwealth Government, but fails to cause a statement to be published on the Department's website within the period required by subsection 1683B(6).</para></quote>
<quote><para class="block">(2) This Act and the ASIC Act have effect, on or after the day mentioned in subsection (3), as if the amendments made by Parts 1, 2 and 4 of Schedule 2 to the amending Act had not been made.</para></quote>
<quote><para class="block">(3) The day (the <inline font-style="italic">sunsetting day</inline>) is:</para></quote>
<quote><para class="block">(a) the day after the end of the period referred to in the applicable paragraph of subsection (1), unless paragraph (b) of this subsection applies; or</para></quote>
<quote><para class="block">(b) if there is more than one applicable paragraph in subsection (1)—the earliest day determined under paragraph (a) of this subsection for each of those paragraphs.</para></quote>
<quote><para class="block">(4) To avoid doubt, nothing in this section affects the validity of anything that is done, or not done, in reliance on this Act or the ASIC Act as in force before the sunsetting day.</para></quote>
</speech>
<speech>
  <talker>
    <time.stamp>19:44</time.stamp>
    <name role="metadata">Senator GALLAGHER</name>
    <name.id>ING</name.id>
    <electorate>Australian Capital Territory</electorate>
  </talker>
  <para>Labor will not be supporting this amendment. This amendment would require a review of the amendments relating to schedule 2 within six months after the second anniversary of it commencing. Also, it removes the changes to schedule 2 if a review isn't conducted within that time period or isn't tabled in the parliament within 15 sitting days after the minister receives it or if a statement outlining the government's response to a review isn't made public. Let's call this out for what it is. This is an agreement or a deal reached between the government and One Nation that duds mum and dad shareholders. Putting in a statutory review two years after the measures in schedule 2 take effect does absolutely nothing for these shareholders or for retirees. They will still be kept in the dark by potentially dodgy directors who will be allowed to get away with misleading or incorrect disclosures. We didn't support the changes in the original bill and we certainly do not support the amendments proposed here by the government in their attempts to get One Nation's support.</para>
</speech>
<speech>
  <talker>
    <time.stamp>19:46</time.stamp>
    <name role="metadata">Senator McKIM</name>
    <name.id>JKM</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I'll start by joining Senator Gallagher in calling this amendment out for what it is: a sweetener for Pauline Hanson's One Nation. I'd also like to make the point, as I did in my speech on the second reading, that schedule 2 of this bill will water down the requirement for companies to continuously disclose information material to their valuation, and I repeat the point that this will be to the benefit of the big institutional shareholders who rely on getting the good oil and the inside running and will be to the detriment of millions of ordinary Australians who rely on timely and accurate information about their investments. What we've learned is that this rigging of Australia's share market in favour of the top end of town is being facilitated by none other than Pauline Hanson's One Nation party. For all the mythology about them being here for the battlers, they're going to come in here tonight and sell out mum and dad shareholders to the forces of global capital that they like to talk so much about.</para>
<para>The amendment includes a two-year sunset clause for these provisions. If that were all the amendment was, then I could see why One Nation might come at it, but the amendment also says that the sunset clause will only be triggered if the government doesn't conduct a review within the two-year period. In other words, as long as the government gets someone in the Treasury to write a 10-page report in two years, the watering down of continuous disclosure obligations will remain in place. That means that, if passed today, even with this amendment, the watering down of continuous disclosure obligations will remain in place, and neither Senator Hanson nor Senator Roberts should pretend otherwise. So here they are today, joining with the LNP to do the bidding of the top end of Wall Street, the top end of the City of London and the top end of global capital. Today, they sit here, brothers and sisters in arms with the big investment banks, with private equity and with the hedge funds. One Nation are showing today that it's not about the people who vote for them; it's actually just all about them.</para>
</speech>
<speech>
  <talker>
    <time.stamp>19:48</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>A review of the continuous disclosure reforms by an independent expert has to be commissioned within six months of the second anniversary of the bill's commencement. This will ensure that there is a legislative process for considering the effect of the continuous disclosure reforms.</para>
<para class="italic">The CHAIR: The question is that government amendment (1) on sheet RS134, moved by Senator Hume, be agreed to.</para>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The committee divided. [19:53]<br />(The Chair—Senator Lines)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>19</num.votes>
                <title>AYES</title>
                <names>
                  <name>Brockman, S (teller)</name>
                  <name>Canavan, MJ</name>
                  <name>Cash, MC</name>
                  <name>Chandler, C</name>
                  <name>Davey, P</name>
                  <name>Hume, J</name>
                  <name>Lambie, J</name>
                  <name>McKenzie, B</name>
                  <name>McMahon, S</name>
                  <name>O'Sullivan, MA</name>
                  <name>Rennick, G</name>
                  <name>Reynolds, L</name>
                  <name>Roberts, M</name>
                  <name>Ruston, A</name>
                  <name>Scarr, P</name>
                  <name>Seselja, Z</name>
                  <name>Small, B</name>
                  <name>Smith, DA</name>
                  <name>Van, D</name>
                </names>
              </ayes>
              <noes>
                <num.votes>16</num.votes>
                <title>NOES</title>
                <names>
                  <name>Brown, CL</name>
                  <name>Carr, KJ</name>
                  <name>Chisholm, A</name>
                  <name>Farrell, D</name>
                  <name>Gallagher, KR</name>
                  <name>Hanson-Young, SC</name>
                  <name>Lines, S</name>
                  <name>McKim, NJ</name>
                  <name>O'Neill, D</name>
                  <name>Patrick, RL</name>
                  <name>Pratt, LC</name>
                  <name>Siewert, R</name>
                  <name>Urquhart, AE (teller)</name>
                  <name>Waters, LJ</name>
                  <name>Watt, M</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names />
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to.</p>
              </body>
            </division.result>
          </division><speech>
  <talker>
    <time.stamp>19:55</time.stamp>
    <name role="metadata">Senator GALLAGHER</name>
    <name.id>ING</name.id>
    <electorate>Australian Capital Territory</electorate>
  </talker>
  <para>by leave—I move amendments (1) and (2) on sheet 1354 together:</para>
<quote><para class="block">(1) Clause 2, page 2 (table items 3 and 4), omit the table items.</para></quote>
<quote><para class="block">(2) Schedule 2, page 25 (line 1) to page 38 (line 8), to be opposed.</para></quote>
<para>I am moving these amendments as flagged in my second reading contribution and to mirror what the member for Whitlam in the other place did. These amendments are very simple. They remove schedule 2 from the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021. Labor does not support the weakening of continuous disclosure rules and damaging corporate transparency. The measures contained in schedule 2 would make it easier for companies and company directors to get away with withholding information or providing misleading information to shareholders. Without corporate disclosure rules, dodgy directors can get away with not releasing crucial information to shareholders, and the overwhelming majority of good directors know that this is not in anyone's interests. I went through this in more detail in my second reading contribution. Labor strongly supports this amendment and we would urge the Senate to support it as well.</para>
</speech>
<speech>
  <talker>
    <time.stamp>19:56</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>The government opposes these amendments.</para>
</speech>
<speech>
  <talker>
    <time.stamp>19:56</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I didn't do a second reader on the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021. I do support the electronic meetings that have been proposed by the government. Schedule 1 is good. However, I won't be supporting schedule 2, for similar reasons as Senator Gallagher mentioned. It allows the possibility for directors to withhold information, in some way mislead or just not have to be careful about what it is that they provide to the stock market. I can see Senator Hume shaking her head.</para>
<para>It's funny: the laws that we had prior to COVID worked. They worked for some considerable period of time. I'll use a simple example of responsibility that contrasts what's happening here. It turns out that, if you're an individual without many resources and you fill out an insurance form and you make one mistake when you fill out that insurance form, then, guaranteed, the insurance company will not meet its obligations or will decline the insurance, through one error. Yet, when you've got a team of people supporting you in a corporation and you make a mistake—you somehow put something out to the market that is wrong or you mislead by omission—that's deemed to be okay. There's a huge contrast here in the way we treat a corporation versus a person. The laws that we had in place prior to COVID worked well, and we shouldn't seek to change them.</para>
<para class="italic">The CHAIR: The question is that amendment (2) on sheet 1354, moved by Senator Gallagher, as amended by government amendment (1) on sheet RS134, be agreed to.</para>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The committee divided. [20:03]<br />(The Chair—Senator Lines)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>19</num.votes>
                <title>AYES</title>
                <names>
                  <name>Brockman, S (teller)</name>
                  <name>Canavan, MJ</name>
                  <name>Cash, MC</name>
                  <name>Chandler, C</name>
                  <name>Davey, P</name>
                  <name>Hume, J</name>
                  <name>McKenzie, B</name>
                  <name>McMahon, S</name>
                  <name>O'Sullivan, MA</name>
                  <name>Payne, MA</name>
                  <name>Rennick, G</name>
                  <name>Reynolds, L</name>
                  <name>Roberts, M</name>
                  <name>Ruston, A</name>
                  <name>Scarr, P</name>
                  <name>Seselja, Z</name>
                  <name>Small, B</name>
                  <name>Smith, DA</name>
                  <name>Van, D</name>
                </names>
              </ayes>
              <noes>
                <num.votes>17</num.votes>
                <title>NOES</title>
                <names>
                  <name>Brown, CL</name>
                  <name>Carr, KJ</name>
                  <name>Chisholm, A</name>
                  <name>Farrell, D</name>
                  <name>Gallagher, KR</name>
                  <name>Hanson-Young, SC</name>
                  <name>Lambie, J</name>
                  <name>Lines, S</name>
                  <name>McKim, NJ</name>
                  <name>O'Neill, D</name>
                  <name>Patrick, RL</name>
                  <name>Pratt, LC</name>
                  <name>Siewert, R</name>
                  <name>Urquhart, AE (teller)</name>
                  <name>Waters, LJ</name>
                  <name>Watt, M</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names />
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to.</p>
              </body>
            </division.result>
          </division><speech>
  <talker>
    <time.stamp>20:04</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>by leave—I move amendments (1) and (2) on sheet 1217, revised, together:</para>
<quote><para class="block">(1) Clause 2, page 2 (at the end of the table), add:</para></quote>
<quote><para class="block">(2) Page 38 (after line 8), at the end of the Bill, add:</para></quote>
<quote><para class="block">Schedule 3 — Financial reporting obligations for large proprietary companies</para></quote>
<quote><para class="block">Part 1 — Repeal of instrument</para></quote>
<quote><para class="block"> <inline font-style="italic">ASIC Corporations (Exempt Proprietary Companies) Instrument 2015/840</inline></para></quote>
<quote><para class="block">1 The whole of the instrument</para></quote>
<quote><para class="block">Repeal the instrument.</para></quote>
<quote><para class="block">Part 2 — Grandfathered exemption</para></quote>
<quote><para class="block"> <inline font-style="italic">Corporations Act 2001</inline></para></quote>
<quote><para class="block">2 Subsection 1408(6) (table item 7)</para></quote>
<quote><para class="block">Repeal the table item.</para></quote>
<quote><para class="block">Part 3 — Application</para></quote>
<quote><para class="block">3 Application</para></quote>
<quote><para class="block">(1) This item applies to a company if, immediately before the commencement of this item, the company was exempted from complying with subsection 319(1) of the <inline font-style="italic">Corporations Act 2001</inline> by the <inline font-style="italic">ASIC Corporations (Exempt Proprietary Companies</inline>) <inline font-style="italic">Instrument 2015/840</inline>.</para></quote>
<quote><para class="block">(2) Despite the amendments made by Parts 1 and 2, that exemption continues to apply to the company in relation to the 2021 22 financial year.</para></quote>
<quote><para class="block">4 Instruments that provide relief from requirements of Corporations Act — Lodgment of annual reports by large proprietary companies</para></quote>
<quote><para class="block">(1) Despite anything contained in the <inline font-style="italic">Corporations Act 2001</inline>, ASIC may not make a legislative instrument, however described, if that legislative instrument would have the effect of relieving the class of companies referred to in subitem (2) of the requirement to comply with subsection 319(1) of the Act for a financial year.</para></quote>
<quote><para class="block">(2) The class of companies is the class of large proprietary companies that was relieved from the requirement to comply with subsection 319(1) of the <inline font-style="italic">Corporations Act 2001</inline> due to the operation of the <inline font-style="italic">ASIC Corporations (Exempt Proprietary Companies) Instrument 2015/840</inline> as in force immediately before the commencement of this Schedule.</para></quote>
<para>This is not the first time I've moved this amendment. I do hope it is the last. If needed, I will move it again and again and again, on every Treasury bill that comes through the Senate. I'll do it for however long it takes to repeal what is a completely unjustifiable and indefensible exemption, which gives dozens of Australian billionaires the chance to keep their private companies' financial statements and how much tax they do or don't pay a secret. There's an old saying that there's one rule for the rich and another rule for everybody else. Well, in this case, that is literally the truth. We've had a legal loophole for more than a quarter of a century that continues to keep Australia's super rich free from scrutiny and likely facilitates aggressive tax minimisation.</para>
<para>For senators who haven't kept abreast of this, my amendment will rid the Federal Register of Legislation of an extraordinary provision in the Corporations Act which exempts a select list of large proprietary companies from having to lodge financial reports with the Australian Securities and Investments Commission. That exemption includes the companies' financial statements and directors' declarations to ASIC. This is highly problematic. The exemption has inappropriately created and entrenched in place a highly privileged class of companies that are not subject to the transparency and disclosure regimes that apply to every other company. If my amendment passes, then that completely inappropriate and unjustified legislative privilege will be abolished.</para>
<para>While this is a question of principle, it should be clearly understood that the current exemption has highly undesirable effects. The opaqueness created by not filing accounts with ASIC creates an environment that encourages aggressive tax-minimisation behaviour. Dubious practices thrive in circumstances in which transparency and accountability are limited. It's only when you turn the lights on that you can see the cockroaches running across the floor.</para>
<para>Transparency will also help other businesses that deal with these privileged companies. When an entity wants to have dealings with a company, they go to ASIC and seek information about the company, which may help them to make decisions about whether they want to trade or deal with that particular company. That isn't possible with these privileged companies. They operate in a shroud of secrecy.</para>
<para>This exempt proprietary company list was created through legislation introduced in the parliament in 1995 by the Keating Labor government, which, as part of wider corporations law changes, made a temporary exemption to allow companies time to adjust to a new corporate reporting regime. At that time, there were 2,000 companies. Concerns were expressed at the time. In August 1995, the Parliamentary Joint Committee on Corporations and Securities issued a report reviewing the amendment to the 1995 bill. As to the grandfathering exemption, the committee argued:</para>
<quote><para class="block">… although the provision will ease the transition for some companies from the existing legislation to the new structure the indefinite operation of this provision is not justified on any policy grounds.</para></quote>
<para>Then Senator Baume, a Liberal senator, moved an amendment to the 1995 legislation to provide that the Australian Securities Commission, which was the forerunner to ASIC, undertook a review of the exemption in two years. The review never took place.</para>
<para>The Senate Economics References Committee conducted an inquiry into multinational tax avoidance across the 44th and 45th parliaments. Amongst the submissions received was one from ASIC, which raised strong concerns about the continuation of the reporting and disclosure exemption of the privileged group of companies. That led the Senate economics committee to recommend:</para>
<quote><para class="block">… that the government require all companies, trusts and other financial entities with income above a certain amount to lodge general purpose financial statements with the Australian Securities and Investments Commission.</para></quote>
<para>My amendment, which I have moved previously, will implement that recommendation, which was in effect initiated by ASIC and endorsed by the economics committee. In practical terms, my amendment removes the special status of some of these companies. There are currently 1,119 companies on the exempt list, some of them owned by very familiar names. The list includes Australia's wealthiest individual, Gina Rinehart, and protects many other notable figures influential in business and, indeed, politics. The list includes media barons such as Kerry Stokes and Bruce Gordon, retail moguls like Frank Lowy and Solomon Lew, agricultural empires such as Baiada and Manildra Group, and logistics magnates including Anthony Pratt and Lindsay Fox.</para>
<para>If my amendment is enacted, their companies will have to lodge financial reports with ASIC going forward. They'll be subject to the same scrutiny as everybody else. And we'll see how much tax they do, or don't, pay. Of course, each time an amendment to eliminate this exemption has been debated in the Senate, the coalition have opposed the change. Each time, they have conspicuously failed to offer any policy rationale for maintaining the status quo. Treasurer Josh Frydenberg once did claim that the super-rich individuals and their families would be at risk of being kidnapped if any of their financial accounts were made public. This was and still is a laughable claim. There is no evidence to support this whatsoever. Tens of thousands of corporate directors and shareholders are already listed in ASIC's publicly listed databases, including details of corporate addresses. Why would a select group of the super rich be exempt? In any case, prospective kidnappers can just go to the <inline font-style="italic">Australian Financial Review</inline>'s top 200 list to see who their target might be.</para>
<para>The truth is, there is no credible rationale for an ongoing exemption from a quarter of a century ago and there is no policy rationale for it now. Why, then, have the coalition been so resistant to reform? The exemption does include many generous donors to the Liberal and National parties. I encourage senators, and members of the public, to go and look at Michael West Media, which has looked at every single one of these companies and cross-referenced their donations to the Liberal and National parties. And therein lies the explanation.</para>
<para>It's another old saying that money talks, and, for a quarter of a century, money—especially old money and politically assertive money—has been pretty influential in the years of the Liberal and National parties. Getting rid of a temporary exemption that has lasted for more than a quarter of a century is long overdue. The amendment will remove an unjustified measure, one that favours a select group of companies over the majority of others and could facilitate aggressive tax avoidance. Once again, we will see today where the coalition stand and whether they have an argument to defend a law that unjustifiably advantages the super rich. Where do they stand? And what do they stand for? This amendment provides a clear and simple test for the coalition.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:14</time.stamp>
    <name role="metadata">Senator ROBERTS</name>
    <name.id>266524</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I just want to put on the record that we have supported Senator Patrick's amendment many times. We see merit in it. We have also, though, taken this up with the Treasurer—Senator Hanson is an astute negotiator. She's extracted commitments from the Treasurer: to investigate and to back up his claims. We make decisions based on data. What we'll be doing is giving the federal Treasurer a chance. If he doesn't deliver, then we'll be back with Senator Patrick. But if he can deliver—there are certain sensitive issues involved, and we want them clarified before we start taking capricious action.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:15</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I'd like, through you, Chair, to ask Senator Roberts to provide more details in relation to the arrangements that he or Senator Hanson has negotiated with the Treasurer. What's the time frame for this investigation, for example?</para>
<interjection>
  <talker>
    <name role="metadata">The TEMPORARY CHAIR</name>
    <name.id>264449</name.id>
  </talker>
  <para>Senator Patrick, I'm not sure it's in order to ask questions.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
  </talker>
  <para>Chair, it is in order. He doesn't have to respond, but I can ask the question. He can stand up and give me an answer. There's no reason he can't do that.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>20:15</time.stamp>
    <name role="metadata">Senator ROBERTS</name>
    <name.id>266524</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I have no problem with Senator Patrick asking a question, through you, Chair. These matters are, as he said, under discussion with the Treasurer. The Treasurer has undertaken to do a review in a timely way, and we will await that. I won't be giving the time frame.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:16</time.stamp>
    <name role="metadata">Senator LAMBIE</name>
    <name.id>250026</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>Chair, this is a question for Senator Roberts: what sort of time frame are we looking at? Is it next week, because, honestly, it shouldn't take him any longer than that, surely? You're looking at political donors over here, mate. I would have expected a higher standard out of One Nation. Seriously. Your people need to know you're not even—you don't want the bigwigs at the end of town, or is One Nation getting donations from them now as well? Maybe you can answer the question as to whether One Nation is receiving one donation from any of those being grandfathered. I'm sure that, if you don't tell me, then Michael West will.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:16</time.stamp>
    <name role="metadata">Senator ROBERTS</name>
    <name.id>266524</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>We believe in getting the data. We have supported and followed Senator Patrick's excellent arguments. We have been given a counterargument. We treat both parties with respect. That's the way we operate. We get the data. Then we make a decision. That's it.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:16</time.stamp>
    <name role="metadata">Senator LAMBIE</name>
    <name.id>250026</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>Through the chair again: Senator Roberts, I was wondering if you could give us some sort of time frame. Are we looking at next week, a month, two months, three months, Christmas, next election? Are you running at the next election? What are you doing? What sort of time frame are we looking at here, mate? I think One Nation owes the Australian people that answer at the very least. Give me the time frame that you've put on the Treasurer and when you're going to get that information.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:17</time.stamp>
    <name role="metadata">Senator ROBERTS</name>
    <name.id>266524</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I'm not going to answer that question.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:17</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I'd like to ask the minister what the policy rationale is for retaining this exemption in the Corporations Act.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:17</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Senator Patrick, you know that the government opposes this amendment. It has absolutely nothing at all to do with the bill. We know that this is simply a delaying tactic that is imposing costs and uncertainty on businesses. This is not how governments should do business or will do business.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:17</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Sorry, you said it imposes a cost upon the bill. I'm curious as to what that cost is. Does it mean that they have to pay more tax?</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:18</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>No, that's not what I said, Senator Patrick. I said it imposes costs and uncertainty on business.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:18</time.stamp>
    <name role="metadata">Senator LAMBIE</name>
    <name.id>250026</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>Could the minister please explain to everybody that has to be on that list why they've got to be on that list, because they're all dying to know straight from your mouth why they have to be on that list and your billionaire mates do not. Maybe you can explain to them straight down the line why there's such a difference between your mates up here that give you political donations and the ones down here that have to be on that list.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:18</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I'm sorry, Chair; I don't understand the question.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:18</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I go back to your previous statement, where you said it adds cost to businesses. This would only add a cost to 1,192 rather well-off businesses, and I'm trying to understand why you would give them a cost advantage over all the other businesses that have to do exactly what this exemption exempts these large companies from doing—that is, to simply lodge a financial return with ASIC. You're describing a situation, which is actually the offence here, where very large companies owned by wealthy people somehow have to do something less than other companies, which may be struggling a bit. How is it that that is fair, Minister?</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:19</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Senator Patrick, I think you're putting words into my mouth. What I said was that this bill will reduce costs on business and that your amendment is nothing more than a delaying tactic. If this bill is delayed, it will impose costs on businesses.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:19</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>That's a laughable comment. This bill has been sitting in your very disorganised legislative schedule for some period of time, and it's quite disingenuous to suggest that a day or two—as this goes back to the House, to be supported by the government—is a reason not to support it. That cannot possibly be the reason not to support it. Again, I ask—because you haven't answered this in the many times that I have moved this bill, and I understand you might think it doesn't relate to the bill, but in actual fact it has been ruled in order; we don't move amendments that are not in order, that don't relate to a bill; it does relate to this bill—specifically around the amendment: what is the policy rationale for maintaining the exemption on these 1,190 large proprietary companies?</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:20</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I do not need a policy rationale because this policy is not part of this bill. It should be considered separate to this bill.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:20</time.stamp>
    <name role="metadata">Senator LAMBIE</name>
    <name.id>250026</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>What bill do you reckon we could tack that on to, to make that fair for everybody and not just your political donors out there? You tell me what bill we can tack that on to that you'd be prepared to then support, because we're all dying to know in here, Minister.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:21</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Senator Lambie, I understand you feel very passionately about this issue, and perhaps a private senator's bill would be better placed to address this issue. That way, it could go through a committee and be better scrutinised and it would get the oxygen that clearly you both would like it to have.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:21</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>We don't need to do a committee on this because the economics committee has already looked at it. They received a submission from ASIC that said: 'Please remove the exemption,' and the committee made a bipartisan recommendation or endorsement to remove it. We don't need to have a committee into this. Blind Freddy could see that this is an unacceptable situation that we have in Australia, where we have a group of companies that have a special privilege. They don't have to lodge their financial returns, their affairs are kept completely secret and they can engage in aggressive tax minimisation; that's all okay. As a company director—and I am a company director—I can't go to ASIC and work out whether or not I should deal with these companies, because there's no information there that helps me do that. It's a serious question, and it's not me that wants to know; it's my constituents that want to know. I can tell you, from communicating with my constituents directly through phone calls and through Facebook and even from feedback on Twitter, Australians want to understand why this exemption exists—what the policy rationale is for maintaining this exemption. It's quite in order for me to ask that question. The fact that you're unable to answer it tells me there is no policy rationale. I'll let everyone know that I did talk to the Treasurer about a week ago about this bill and I said to him: 'Lay out on the table what the concerns are,' and I didn't get a response.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:23</time.stamp>
    <name role="metadata">Senator SCARR</name>
    <name.id>282997</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>Can I just give perhaps a policy rationale? There is a difference between a proprietary company, a privately owned company, and a public company. That distinction has been recognised in the law since we had the two types of companies. It is recognised that a proprietary company has an obligation to give less disclosure because the shares are privately owned, as opposed to a public company where the shares are more widely held. So that distinction has always been recognised.</para>
<para>The second point to know is that anyone watching the actions of the ATO over the last 10 or so years with respect to attacking aggressive tax minimisation would see that anyone, whether a proprietary or a public company, engaging in very aggressive tax minimisation schemes is subject to the most onerous of penalties from the ATO.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:24</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>I thank Senator Scarr. I get on extremely well with Senator Scarr and I also listen to what he has to say. The fault in his argument is this: those private companies pay public tax, and there is an opportunity, through the lack of disclosure, for those private companies to not pay the public tax that they ought to. And that's not right.</para>
<para>The other problem is that, be it a private company or a public company, I ought to be able to understand the entity I am dealing with and not have that entity shrouded in secrecy. I understand you're saying that private companies do have particular arrangements, and in some sense I agree that that's appropriate, but, to the extent that it cuts into public aspects, like the amount of tax they pay or how they interact with other entities, it should be made public. Again, this is a recommendation from ASIC. I think, respectfully, Senator Scarr, they know a lot about companies, how they operate and the distinctions that go with that. I do appreciate your attempt. It's certainly more than I got out of the minister, so I thank you.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:25</time.stamp>
    <name role="metadata">Senator WHISH-WILSON</name>
    <name.id>195565</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I've been listening very intently to this debate. I was on the economics committees during those inquiries. We've had this debate in this chamber many, many times. I can't remember whether we have had a private senator's bill, Minister, but I would be very surprised if we haven't.</para>
<para>I was just going to add to what Senator Patrick said. Senator Scarr, there is a fundamental difference in the law, as you say, between public and private companies. That's actually why so much tax minimisation occurs through private companies. They're much easier to hide, in terms of shell companies. We have no beneficial ownership register in this country, which is something the Greens have been fighting for at least a decade, and, because they have less onerous restrictions, they do get used a lot more often for aggressive tax minimisation. I'll answer the question Senator Patrick asked of the minister—through you, Madam Temporary Chair: there is no policy rationale for this at all. This is purely about protecting the donors of the LNP.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:27</time.stamp>
    <name role="metadata">Senator LAMBIE</name>
    <name.id>250026</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>I'm just wondering if the minister has spoken to any representatives from the exempt companies about these amendments at all in the past—how long's it been going on for now, 25 years? Let's say, since the pressure has really been on, in the last six months, have you spoken to any representatives from these exempt companies, and if you have—</para>
<interjection>
  <talker>
    <name role="metadata">Senator Patrick</name>
    <name.id>144292</name.id>
  </talker>
  <para>Other than to ask for a donation.</para>
</interjection>
<continue>
  <talker>
    <name role="metadata">Senator LAMBIE</name>
    <name.id>250026</name.id>
  </talker>
  <para>Yes—other than to ask for a donation. That would be good.</para>
</continue>
</speech>
<speech>
  <talker>
    <time.stamp>20:27</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I don't have a list of the companies that you're referring to. I do remember having a conversation with Senator Patrick last time this came up. I think you tabled a list, Senator Patrick, and I think in return I tabled a list of donors to the LNP. Does that sound right? I know that we've been on this roundabout before.</para>
<para>The most important thing, though, is to recognise that this amendment has absolutely nothing to do with the bill at hand. We know, Senator Patrick, that what you're trying to do is delay the passage of this bill. This bill is exceptionally important, not just because it provides temporary relief to organisations that require the use of technology to meet their regulatory requirements in the Corporations Act to hold meetings, distribute materials and execute documents but also because these changes are sensible, incremental and permanent changes to Australia's continuous disclosure regime.</para>
<para>We know that we have discussed this before. In response to the COVID crisis, in May last year, we announced these temporary changes. They introduced a fault element to continuous disclosure regimes so that companies are only liable for failing to disclose certain price-sensitive information in the market if there has been knowledge, recklessness or negligence. That was given at the time, importantly, under the heightened level of uncertainty for companies issuing market guidance and the threat of opportunistic class actions, by litigation funders, against companies who made those announcements and whose reasonable forecasts were ultimately proved to be inaccurate, though they were reasonable forecasts at the time.</para>
<para>These issues and these changes were also considered by the Parliamentary Joint Committee on Corporations and Financial Services, which recommended in its report in December last year that these temporary changes, which were due to expire in March this year, be made permanent. So the Treasury Laws Amendment (2021 Measures No. 1) Bill 2021 does exactly that. It makes these important changes to the Corporations Act 2001, and they apply to both civil penalty provisions and private actions. They make those civil penalty provisions and private actions permanent.</para>
<para>Companies and officers will also not be liable for misleading and deceptive conduct where the continuous disclosure obligations have been contravened unless the requisite fault element is also proven. The introduction of this fault element for private actions also brings Australia's continuous disclosure regime far better into line with the approaches taken in both the United States and the United Kingdom. But, importantly, the changes don't affect ASIC's ability to prosecute criminal breaches or issue administrative penalties, and ASIC can continue to issue infringement notices without proving fault.</para>
<para>The reforms will allow businesses to reallocate resources towards improving efficiency and output as opposed to defending class actions, which are economically inefficient and do not contribute to the public good. As members of the PJC and members on this side of the house know, Federal Court data shows that class action filings have increased by 325 per cent in just the last decade and, according to industry data, this increase is almost entirely attributable to shareholder class actions. Shareholder class actions, above all else, generate windfall profits for class action law firms and for litigation funders and they do little, if anything, to compensate shareholders, particularly those mums and dads that those opposite are so fond of talking about. Indeed, the class action damages that actually go to legal costs can be as high as 60 per cent. As my good friend the member for Mackellar knows, in the Dick Smith case, $18.75 million, or 75 per cent of the settlement proceeds in that case, went to legal costs.</para>
<para>According to insurance provider Marsh in their submission to the PJC inquiry, companies in the ASX 200 saw the costs of their directors and officers insurance premiums increase by over 250 per cent between 2011 and 2018 and another 118 per cent in 2019. On top of that, smaller companies may be forced to not renew or significantly reduce their D&O cover. Of course the small percentage of money that does flow to a company's old shareholders is being funded by the company's new shareholders. This is a circular problem that doesn't serve shareholders' best interests. I also note that ASIC data shows that, when the period between 1 March and 31 March 2019 is compared with the same period of 2020, material announcement by disclosing entities increased 6.7 per cent year on year. That means 8,509 material announcements per day in 2019 compared to 9,015 per day in 2020.</para>
<para>Given the deep ties between the Labor Party and class action law firms and litigation funders, the government can well understand why those opposite may oppose these changes—although I am surprised, Senator Patrick, that you would assist them in that process.</para>
<para>Recommendation 29 of the PJC report said:</para>
<quote><para class="block">The committee recommends the Australian Government permanently legislate changes to continuous disclosure laws in the Corporations (Coronavirus Economic Response) Determination (No. 2) 2020.</para></quote>
<para>That was backed up by Jennifer Westacott, the chair of the BCA, who said, 'These are very sensible changes that will let company directors focus on our biggest challenge, creating the jobs that we need to fuel our economic recovery.'</para>
<para>Temporary changes to continuous disclosure rules were a crucial measure that helped give businesses the certainty they needed to keep functioning through the pandemic. As we recover, permanent changes will be critical to building the confidence to power our recovery with new jobs. You, Senator Patrick, are standing in the way of that legislation proceeding. Angus Armour, the head of the Australian Institute of Company Directors, said: 'This is a critical step in acknowledging the challenges faced by the business community to rebuild in the wake of COVID-19. This measure allows for directors to provide greater disclosure in this uncertain environment at the same time as it maintains measures to discipline irresponsible companies to protect the community.' Daniel Moran of ASX Limited, in his submission to the PJC dated 17 June 2020, said:</para>
<list>Reform to the regulatory settings around class actions and litigation funding consistent with the temporary measures recently taken by the Government, should not reduce the quality of disclosure by listed entities. Certainly, this would not change ASX's approach to its own continuous disclosure obligations as a listed entity.</list>
<para>As you can see, Senator Patrick, this is an exceptionally important piece of legislation, and while I understand that you love slapping this amendment onto everything that moves—everything that has a TLAB in front of it—it is simply a matter of showmanship. In fact, I think that you are making a mockery of what is a very serious and important issue and an important change for our business community and for our economy more broadly.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:35</time.stamp>
    <name role="metadata">Senator PATRICK</name>
    <name.id>144292</name.id>
    <electorate>South Australia</electorate>
  </talker>
  <para>Please do not stand up and suggest that I am in some way doing this for any purpose other than proper transparency around large companies. My amendment is a good amendment for public purpose, and to suggest somehow that it might delay the passage of the bill is just ridiculous. All that would happen is that the bill would go back to the House tonight and it could be passed in the other place tomorrow. That could be easily done.</para>
<para>I want to address a couple of points that were raised. Firstly, the minister did table a list of 1,119 companies, as a result of estimates, but I can assure you that at no stage have I received a list of donors from the Liberal Party, as might have been suggested. I concede the minister was unsure about that; I'm just making it clear in her mind that that has not happened. However, in the spirit of continuous disclosure, perhaps the minister might undertake to provide me with the most recent list of financial donors to the Liberal Party.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:36</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Thank you, Senator Patrick. I will do exactly the same thing as I did the last time you raised this amendment: I will direct you to the AEC website, where all of those donations are appropriately listed.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:37</time.stamp>
    <name role="metadata">Senator ROBERTS</name>
    <name.id>266524</name.id>
    <electorate>Queensland</electorate>
  </talker>
  <para>I just want it on the record that we do not appreciate the minister's comments back to Senator Patrick, questioning his motives. We think this is entirely wrong. Senator Patrick has shown that this is a very important issue to him, as it is to us. We support him in doing that. We have taken a different tack this time, as I explained. But if this is not addressed we'll be back on his track.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:37</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I want to thank you very much, Senator Roberts, for all the good faith in which you have approached the Treasurer about these issues. We will always deal with the crossbench and, indeed, the opposition in good faith when they approach the government with particular issues. I thank you for the respect that you have shown, and it will be returned.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:37</time.stamp>
    <name role="metadata">Senator LAMBIE</name>
    <name.id>250026</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>According to the <inline font-style="italic">AFR</inline>, ASIC told parliament back in 2015 that the lack of availability of public financial reports for exempt companies reduces the transparency about possible indicators of tax avoidance or tax minimisation. Why did the government ignore ASIC's advice?</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:38</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Senator Lambie, you might need to table that article. I'm not entirely sure what you're referring to.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:38</time.stamp>
    <name role="metadata">Senator LAMBIE</name>
    <name.id>250026</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>We can talk about this all night if you like. Quite frankly, where you're sitting right now, you should have an answer to that. Basically, ASIC told parliament that the lack of availability of public financial reports for exempt companies reduces transparency about possible indicators of tax avoidance or tax minimisation. I don't think I can say it any more clearly than that. Okay? It's reported. It's done. It's true. And in the meantime you have completely ignored that. Why has the government ignored ASIC's advice? We're talking about tax avoidance here, and I can tell you people have had enough of this sort of rubbish! ASIC itself is concerned about what is going on with these top 1,000 companies, many of which would be your donors. We have a problem here, and Australians have woken up to you. It's not going away. So please answer the question: why is it so important for ASIC but it's not important to the Liberal Party when it comes to transparency and tax avoidance? We've got a health crisis and an education crisis, and you're out there saying we cost too much money, yet you're sitting there letting these companies get away with tax avoidance.</para>
</speech>
<speech>
  <talker>
    <time.stamp>20:40</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>Thank you, Senator Lambie. I understand that this is an issue about which you feel exceptionally passionate, and I respect that, although I will say that those companies do disclose to ASIC and they also disclose to the ATO. The issue that you're concerned with, I think, is that they don't disclose publicly, and that's the difference. But they do pay tax and they do disclose to ASIC.</para>
<para class="italic">The CHAIR: The question is that amendments (1) and (2) on sheet 1217, moved by Senator Patrick, be agreed to.</para>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The committee divided. [20:45]<br />(The Chair—Senator Lines)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>17</num.votes>
                <title>AYES</title>
                <names>
                  <name>Brown, CL</name>
                  <name>Carr, KJ</name>
                  <name>Chisholm, A</name>
                  <name>Farrell, D</name>
                  <name>Gallagher, KR</name>
                  <name>Hanson-Young, SC</name>
                  <name>Lambie, J</name>
                  <name>Lines, S</name>
                  <name>McKim, NJ</name>
                  <name>O'Neill, D</name>
                  <name>Patrick, RL</name>
                  <name>Pratt, LC</name>
                  <name>Siewert, R</name>
                  <name>Urquhart, AE (teller)</name>
                  <name>Waters, LJ</name>
                  <name>Watt, M</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </ayes>
              <noes>
                <num.votes>17</num.votes>
                <title>NOES</title>
                <names>
                  <name>Askew, W</name>
                  <name>Brockman, S</name>
                  <name>Canavan, MJ</name>
                  <name>Cash, MC</name>
                  <name>Duniam, J</name>
                  <name>Hume, J</name>
                  <name>McKenzie, B</name>
                  <name>Paterson, J</name>
                  <name>Payne, MA</name>
                  <name>Rennick, G</name>
                  <name>Reynolds, L</name>
                  <name>Roberts, M</name>
                  <name>Ruston, A</name>
                  <name>Scarr, P</name>
                  <name>Seselja, Z</name>
                  <name>Smith, DA (teller)</name>
                  <name>Stoker, AJ</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names />
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question negatived. </p>
              </body>
            </division.result>
          </division><speech>
  <talker>
    <time.stamp>20:51</time.stamp>
    <name role="metadata">The CHAIR</name>
    <name.id>112096</name.id>
    <electorate></electorate>
  </talker>
  <para>The question is that the bill as amended be agreed to.</para>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The committee divided. [20:51]<br />(The Chair—Senator Lines)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>19</num.votes>
                <title>AYES</title>
                <names>
                  <name>Askew, W</name>
                  <name>Brockman, S</name>
                  <name>Canavan, MJ</name>
                  <name>Cash, MC</name>
                  <name>Duniam, J</name>
                  <name>Hughes, H</name>
                  <name>Hume, J</name>
                  <name>McKenzie, B</name>
                  <name>Paterson, J</name>
                  <name>Payne, MA</name>
                  <name>Rennick, G</name>
                  <name>Reynolds, L</name>
                  <name>Roberts, M</name>
                  <name>Ruston, A</name>
                  <name>Scarr, P</name>
                  <name>Seselja, Z</name>
                  <name>Small, B</name>
                  <name>Smith, DA (teller)</name>
                  <name>Stoker, AJ</name>
                </names>
              </ayes>
              <noes>
                <num.votes>17</num.votes>
                <title>NOES</title>
                <names>
                  <name>Brown, CL</name>
                  <name>Carr, KJ</name>
                  <name>Chisholm, A</name>
                  <name>Farrell, D</name>
                  <name>Gallagher, KR</name>
                  <name>Hanson-Young, SC</name>
                  <name>Lambie, J</name>
                  <name>Lines, S</name>
                  <name>McKim, NJ</name>
                  <name>O'Neill, D</name>
                  <name>Patrick, RL</name>
                  <name>Pratt, LC</name>
                  <name>Siewert, R</name>
                  <name>Urquhart, AE (teller)</name>
                  <name>Waters, LJ</name>
                  <name>Watt, M</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names />
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to.<br />Bill, as amended, agreed to.<br />Bill reported with amendments; report adopted.</p>
              </body>
            </division.result>
          </division></subdebate.2><subdebate.2><subdebateinfo>
            <title>Third Reading</title>
            <page.no>113</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>20:53</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That this bill be now read a third time.</para></quote>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>The question is that the motion as moved by the minister be agreed to.</para>
</interjection>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The Senate divided. [20:58]<br />(The Deputy President—Senator Lines)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>19</num.votes>
                <title>AYES</title>
                <names>
                  <name>Askew, W</name>
                  <name>Brockman, S</name>
                  <name>Canavan, MJ</name>
                  <name>Cash, MC</name>
                  <name>Duniam, J</name>
                  <name>Hughes, H</name>
                  <name>Hume, J</name>
                  <name>McKenzie, B</name>
                  <name>Paterson, J</name>
                  <name>Payne, MA</name>
                  <name>Rennick, G</name>
                  <name>Reynolds, L</name>
                  <name>Roberts, M</name>
                  <name>Ruston, A</name>
                  <name>Scarr, P</name>
                  <name>Seselja, Z</name>
                  <name>Small, B</name>
                  <name>Smith, DA (teller)</name>
                  <name>Stoker, AJ</name>
                </names>
              </ayes>
              <noes>
                <num.votes>17</num.votes>
                <title>NOES</title>
                <names>
                  <name>Brown, CL</name>
                  <name>Carr, KJ</name>
                  <name>Chisholm, A</name>
                  <name>Farrell, D</name>
                  <name>Gallagher, KR</name>
                  <name>Hanson-Young, SC</name>
                  <name>Lambie, J</name>
                  <name>Lines, S</name>
                  <name>McKim, NJ</name>
                  <name>O'Neill, D</name>
                  <name>Patrick, RL</name>
                  <name>Pratt, LC</name>
                  <name>Siewert, R</name>
                  <name>Urquhart, AE (teller)</name>
                  <name>Waters, LJ</name>
                  <name>Watt, M</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names />
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to.<br />Bill read a third time.</p>
              </body>
            </division.result>
          </division><speech>
  <talker>
    <time.stamp>20:59</time.stamp>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I seek leave to make a correction to the record.</para>
<para>Leave granted.</para>
<continue>
  <talker>
    <name role="metadata">Senator HUME</name>
    <name.id>266499</name.id>
  </talker>
  <para>During the committee phase of the last bill, I said that grandfathered companies—those exempt private companies—still had to lodge their financial returns with ASIC. That is not entirely true. All large proprietary companies have to prepare audited accounts in accordance with accounting standards. Those exempted companies don't have to give those audited accounts to ASIC, but ASIC, of course, is not the taxing agency. They do have to pay appropriate taxes, and the ATO has the option to audit those companies if it doesn't believe that the appropriate amount of taxes has been paid. In fact, no proprietary company lodges accounts with the ATO, and it really doesn't matter what size the company is, but the ATO always has the option to audit and tax further, if appropriate.</para>
</continue>
</speech>
</subdebate.2></subdebate.1><subdebate.1><subdebateinfo>
          <title>Tertiary Education Quality and Standards Agency (Charges) Bill 2021, Tertiary Education Quality and Standards Agency Amendment (Cost Recovery) Bill 2021</title>
          <page.no>114</page.no>
        </subdebateinfo><subdebate.text>
          <body background="" style="" xmlns:w="http://schemas.openxmlformats.org/wordprocessingml/2006/main" xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:v="urn:schemas-microsoft-com:vml" xmlns:WX="http://schemas.microsoft.com/office/word/2003/auxHint" xmlns:aml="http://schemas.microsoft.com/aml/2001/core" xmlns:pic="http://schemas.openxmlformats.org/drawingml/2006/picture" xmlns:w10="urn:schemas-microsoft-com:office:word" xmlns:wp="http://schemas.openxmlformats.org/drawingml/2006/wordprocessingDrawing" xmlns:r="http://schemas.openxmlformats.org/officeDocument/2006/relationships">
            <p>
              <a href="r6704" type="Bill">
                <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                  <span class="HPS-SubDebate">Tertiary Education Quality and Standards Agency (Charges) Bill 2021</span>
                </p>
              </a>
            </p>
            <a href="r6703" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Tertiary Education Quality and Standards Agency Amendment (Cost Recovery) Bill 2021</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>In Committee</title>
            <page.no>114</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>21:01</time.stamp>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I table an addendum to the explanatory memorandum relating to the Tertiary Education Quality and Standards Agency (Charges) Bill 2021. The addendum responds to concerns raised by the Scrutiny of Bills Committee.</para>
<para>In regard to the document I've just tabled, the Scrutiny of Bills Committee raised two significant matters in relation to the delegated legislation: firstly, why it's considered necessary and appropriate to give the minister a broad discretionary power to provide for exemptions from the proposed registered higher education provider charge in delegated legislation; and, secondly, whether the bill can be amended to include at least high-level guidance on the face of the primary legislation regarding when it will be appropriate to provide for such exemptions.</para>
<para>I'd like to deal with the first issue in relation to the broad discretionary power. I advise the chamber that the government believes it's appropriate to include the capacity for exemptions, should they be necessary, in the instrument that defines the parameters of the charge. Having exemption power in delegated legislation provides the flexibility necessary for the government to be responsive to the needs of higher education providers, either as a whole or for part of a class of providers, and also to act quickly if need be. The COVID-19 pandemic has provided numerous examples where the government needs to respond quickly to provide targeted financial relief to particular groups. This included, for example, the waiver or refund of all of TEQSA's regulatory fees for existing higher education providers from 1 January last year to 31 December this year. Any such waiver, should it be instituted, would necessarily be consistent with the legislative intent outlined in the bill and the government's overarching policy framework, including the Australian Government Charging Framework. The latter requires that entities that create the demand for a regulatory function should contribute to the cost of regulation through cost recovery unless the government has decided to fund that activity. A decision to waive collection of the annual charge for a period of time or for a particular class of higher education providers could not be taken lightly or without careful consideration.</para>
<para>In relation to the issue of whether the bill can be amended, the government does not consider it necessary to amend the bill to provide guidance on the application of a waiver provision as outlined above, and any exercise of such power could only be done after careful consideration and must be consistent with the legislative intent and the Australian government's overall cost recovery policy. I note that the committee, in response, thanked the minister for his response. And the committee noted the minister's advice that it is appropriate to include the capacity for exemptions, should they be necessary, in the instrument that defines the parameters of the charge as it provides the flexibility necessary for the government. The committee also notes the minister's advice that a waiver would necessarily be consistent with the legislative intent outlined in the bill and the government's overarching policy framework, including the Australian Government Charging Framework.</para>
<para>The committee also advised that they had generally not accepted a desire for administrative flexibility or reliance on non-legislative policy guidance to be a sufficient justification to provide broad discretionary powers in circumstances where there is no guidance on the face of the primary legislation as to how the power should itself be exercised. The committee also draws this matter to the attention of senators and leaves to the Senate as a whole the appropriateness of giving the minister a broad discretionary power to provide for exemptions from the proposed registered higher education provider charges in delegated legislation. The committee also requested that an addendum to the explanatory memorandum containing the key information provided by the minister be tabled in the parliament as soon as practicable, noting the importance of these explanatory materials as a point of access to understanding the law. The committee also drew the attention of the Senate to this.</para>
<para>In relation to the second issue, in relation to why it was considered necessary and appropriate to leave key aspects of the operation of the proposed registered higher education provider charge to delegated legislation and also whether the bill could be amended to include at least high-level guidance on the face of the primary legislation regarding matters to be contained in the Registered Higher Education Provider Charge Guidelines, the minister's response to this important question was that the matters to be included in delegated legislation are purely administrative in nature, and the government believes it appropriate for these matters to be detailed in subordinate legislation, as they will likely need to be adapted over time to changing circumstances.</para>
<para>In relation to whether the bill could be amended or not, our response is that high-level guidance on the content of the Registered Higher Education Provider Charge Guidelines is already specifically included in the bill, at item 2, section 26C(2). This outlines the matters that can be included in the guidelines, including issuing of notices about charges payable, due dates for payment, extension of payment time frames, penalties for late payment, and reviews of decisions relating to the payment of the annual charge. I note that the committee, in response, thanked the minister for his response and the advice that the matters to be included in delegated legislation are purely administrative in nature, and they agreed with that point. Again, the committee draws this matter to the attention of senators and leaves to the Senate as a whole the appropriateness of leaving key aspects of the operation of the proposed registered higher education provider charge to the delegated legislation.</para>
</speech>
<speech>
  <talker>
    <time.stamp>21:07</time.stamp>
    <name role="metadata">Senator KIM CARR</name>
    <name.id>AW5</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>I thank the minister for her outline. I'm a member of the committee that she spoke of, the Scrutiny of Bills Committee. I think she's probably been a little generous in her interpretation of the committee's response. The nature of this committee is that it is concerned—and had repeatedly expressed its concern—at the growing amount of legislation that now contains material that effectively allows the detail of policy questions to be left to subordinate legislation by way of these regulations. That was the thrust of the correspondence to the minister and the reason the questions were asked as to why these matters can't be contained in the primary legislation, to which the minister has responded, as is so often the case, that this is just an administrative matter and doesn't require a substantive amendment to the legislation.</para>
<para>The committee has thanked the minister for his response because there has been some movement in the government's position—namely, to adjust the explanatory memorandum to explain the circumstances. But that's not to say that the committee is satisfied with the minister's response. The Labor Party is opposing this legislation, and we'll express our disappointment in the government's position in that vote. But it should not in any way be put to the Senate that the position that's been outlined is an acceptance of the government's position. When the committee says, 'We'll draw these matters to the attention of the Senate and leave it to the Senate to make a judgement call on it,' that's simply a mechanism by which the committee says, 'We're not happy with what's happened, but we acknowledge that there has been some movement by the government.' But it's not satisfactory because these are questions that should have been answered in the primary legislation, and it should have outlined clear guidance on the mechanism by which exemptions will be raised in the future for the direction to policy officers in the department as to the way in which they administer this legislation. It's just not good enough to say, 'Look, we need the flexibility because we don't know what's going to happen in the future'—that's an age-old excuse within the Commonwealth Public Service these days—and to take away the responsibility of the parliament to make decisions about what is appropriate and what is not, particularly on policy questions.</para>
<para>I've raised particular concerns about the way TEQSA is functioning at the moment, especially in regard to standards. I've indicated that I intend to pursue this with some vigour at the next round of estimates. I think the way we are seeing a number of private colleges now being moved into the category of university requires furthers explanation. When we have a series of Bible colleges being promoted as universities, we're entitled to know under what circumstances those decisions have been made and against what criteria they have been made. This is the sort of thing that I think we're entitled to pursue, and we certainly will at estimates.</para>
<para>When it comes to the question of charges, this bill will contain increases in charges of up to 700 per cent for some categories. These are charges which will inevitably be passed on to students. There are two questions that concern me about this bill. It's not just the issue of fee recovery; it's the effect of the increased charges and the cost to students, given the way in which, inevitably, these charges will be passed on. My concern goes to the question of standards, particularly research standards, given that we passed legislation only in February that now seems to have led to circumstances where a series of private colleges have been shunted into the category of university in a manner which I think requires further explanation. So there are two questions: fee rises and standards, and the mechanisms by which they occur. For the minister to say, 'We've done the right thing; we've made a statement in regard to the explanatory memorandum,' doesn't go anywhere near far enough.</para>
<para>As I say, the Labor Party is opposing this legislation because this is a pretty ham-fisted way to do business. It reflects a very poor understanding of the way in which the education system actually operates. It demonstrates, in my judgement, a movement by this government by stealth to fundamentally change the way in which the higher education system in this country operates and to see circumstances where there's a considerable shift away from public provision towards what some vice-chancellors used to call Ma and Pa Kettle operations.</para>
<para>I see one of these colleges today, because of their financial circumstances, has moved to extend the vacation considerably to try to make up savings, forcing people to use up their various entitlements. They did so without consultation, without any engagement with their workforce, bringing into practice some measures which really do demonstrate a culture alien to the way in which the tertiary sector and the education sector in this country has traditionally operated.</para>
</speech>
<speech>
  <talker>
    <time.stamp>21:14</time.stamp>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I thank Senator Carr for those questions. I'll deal with them in turn. First of all, generally, the claims by Senator Carr are complete rubbish. They have been promoted by many of the speakers in this chamber and are simply wrong, particularly in relation to the funding of higher education. The fact is this: since 2019, total funding to the higher education sector has actually increased, from $17.3 billion to $20.4 billion in 2021. That's a 17 per cent increase in just two years. This includes an additional one-off boost of $1 billion to the university research program—Senator Carr asked about the research program—to maintain the capability of Australian research during the COVID-19 pandemic. That research funding did cease in the 2021-22 budget, but it was a one-off payment and that was very, very clear.</para>
<para>If any of those opposite had any mathematical skills at all, they would know that when you don't include additional one-off funding then these decreases they keep crying over disappear, because it's a one-off payment—like so many other payments we have made to get this nation through COVID-19. The figures in the budget papers also exclude the Higher Education Loan Program, the HELP outlays. Including HELP outlays shows that the government's overall funding to universities in 2021 was in fact $20.4 billion, which is an increase of 37 per cent since we came into government—when those opposite were no longer in government, when they were booted out by electors. But no matter how many times we say the facts—and they are very clearly facts; they're in the budget papers—no matter how many times we repeat this, those opposite do not listen and they keep peddling what are clearly lies.</para>
<para>Senator Carr asked a number of other questions, and I'll happily deal in turn with all of those. Firstly, in relation to why the bill is needed and how it is going to be funded, these bills give effect to a 2018-19 budget measure to implement cost recovery arrangements for TEQSA in line with the Australian Government Charging Framework. The framework links the cost to those who generate the need for them—in this instance, higher education providers. These costs are currently borne by taxpayers, and we believe it is only right that those who are receiving the services pay for them. So the subject of these bills is the creation of an annual charge to recover the costs of TEQSA's risk monitoring and regulatory oversight activities. Senator Carr talked about the cost and made incredibly overblown claims about the cost and the impacts. The annual charge for providers will be between $25,000 and $35,000 per annum once fully implemented. However, it will be phased in over three years. Providers will pay 20 per cent of the charge—that is, between $22,000 and $35,000 a year—in 2022 and 50 per cent in 2023, transitioning to 100 per cent in 2024.</para>
<para>Senator Carr also asked about who it is applicable to. Prior to the COVID-19 pandemic, providers only paid application based fees. The amount a provider paid depended on their specific circumstances, but, in broad terms, a university would pay around $15,000 a year and a non-university provider would pay between $5,000 and $85,000. The price rise is broad because providers without self-accrediting status pay to have their courses accredited, and the price increase is based on the number of courses themselves to be accredited.</para>
<para>Senator Carr also wanted to know how the charge will be calculated. I can confirm to the Senate that the annual charge will cover the cost of delivering six regulatory activities. The first is concern management and resolution, the second is risk assessment, the third is inquiries, the fourth is business support, the fifth is guidance notice and the sixth is stakeholder communication and engagement. The consultation paper itself proposed that the cost for delivering concern management and resolution activities be proportionally distributed amongst providers, factoring in each provider's size and their student enrolments. For the remaining regulatory activities the consultation paper itself proposed that the cost be evenly split amongst providers. At TEQSA's estimates, the cost of delivery is the same regardless of provider size. For example, a risk assessment is a database process that takes the same effort for a provider that has 20 students as it does for a large university with 40,000 students. And that to me, and to the government, seems eminently sensible.</para>
<para>The last issue that Senator Carr asked about is what impact these new arrangements will have on students. The answer is: exactly nil. The annual charge will be charged to registered higher education providers. This is not a cost for students. It is up to the higher education providers to determine how they cover this quite modest cost. Maximum student contributions for Commonwealth supported places are determined by the government, and they will not increase.</para>
</speech>
<speech>
  <talker>
    <time.stamp>21:20</time.stamp>
    <name role="metadata">Senator PRATT</name>
    <name.id>I0T</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>In closing this debate tonight, all the minister has really outlined is the desire of this government to pass these costs on to students, particularly full-fee-paying students. Of course, the cost of regulation, when it's passed on to them, will naturally end up coming out of their pockets. In some cases, this will include students who pay, in effect, 20 per cent interest to the government for their fees. In turn, they will pay 20 per cent interest for the cost of regulation. It's completely false for the minister to argue that the impact on students would be nil. All that the government's explanations have done tonight is reassert the desire of the government to pass on these charges. Indeed, the additional addendum they've tabled tonight said:</para>
<quote><para class="block">A decision to waive collection of the annual charge for a period of time or for a particular class of higher education providers, could not be taken lightly …</para></quote>
</speech>
<speech>
  <talker>
    <time.stamp>21:21</time.stamp>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>It would be remiss of me not to rebut what Senator Pratt has just said. Senator Pratt, I'm sure, was sitting here in the chamber when I specifically said that this very modest fee, which has been worked out very fairly, is not a cost for students. It is up to higher education providers to determine how they will cover the cost, and the annual charge will be charged to registered higher education providers. Let me just remind senators that this, again, is a very modest charge, which will be factored in over the next three years—20 per cent next year of between $25,000 and $35,000. Far from being a huge burden, this is a fair fee for service that the providers are currently getting from TEQSA.</para>
<para>Detail about how the charge was proposed to be calculated was set out on page 24 of TEQSA's consultation paper, which I know has been reviewed here in this place. To comply with the Australian Government Charging Framework, the amount of the charge has to be directly linked to the regulatory effort itself and the cost of that. The benefit derived from a service is not a factor in determining the amount of the fee or charge. If benefit were to be included as a factor, the charge would be considered a general tax. I believe—and the government believes—that this is a fair measure. It is actually not a burden on students at all, quite the contrary to what Senator Pratt has just asserted.</para>
</speech>
<speech>
  <talker>
    <time.stamp>21:23</time.stamp>
    <name role="metadata">Senator FARUQI</name>
    <name.id>250362</name.id>
    <electorate>New South Wales</electorate>
  </talker>
  <para>[by video link] I just want to ask the minister how she is assuring us that this was will not be a charge that is passed on to students. Can you actually guarantee that that's not going to happen? If universities haven't lost funding over so many years, how come there are thousands upon thousands of staff who have lost their jobs? I think it's completely disingenuous to say that universities aren't in strife and then put on this charge of tens of thousands of dollars and say that students won't be impacted. Minister, can you guarantee us that students won't be impacted?</para>
</speech>
<speech>
  <talker>
    <time.stamp>21:24</time.stamp>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I thank Senator Faruqi for her question. I'll say for the third time: this is not a cost for students. I don't know how much clearer I or this government can be. As I've said several times in the committee stage already, a university would pay around $15,000 per year and, again, it would be introduced over three years. This is not a charge against students; this is a charge to universities and non-university providers.</para>
</speech>
<speech>
  <talker>
    <time.stamp>21:25</time.stamp>
    <name role="metadata">Senator KIM CARR</name>
    <name.id>AW5</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>It's a very simple question. Show me which clause in the bill will prevent a university or a tertiary institution from passing on any fee increases to students.</para>
</speech>
<speech>
  <talker>
    <time.stamp>21:25</time.stamp>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I thank Senator Carr for that question. As Senator Carr would well know, HECS fees themselves are subject to legislation and they cannot be increased for students.</para>
</speech>
<speech>
  <talker>
    <time.stamp>21:25</time.stamp>
    <name role="metadata">Senator KIM CARR</name>
    <name.id>AW5</name.id>
    <electorate>Victoria</electorate>
  </talker>
  <para>There are many fees and charges that universities strike against students. Show me where in this bill it says that any of these charges the government is now levying cannot be passed on to students.</para>
</speech>
<speech>
  <talker>
    <time.stamp>21:26</time.stamp>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I think this is becoming tedious repetition in terms of questions. It is very, very clear that this is a charge for the providers and for the institutions; this is not a student charge.</para>
<para class="italic">The CHAIR: The question is that the bills stand as printed.</para>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The committee divided. [21:31]<br />(The Chair—Senator Lines)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>18</num.votes>
                <title>AYES</title>
                <names>
                  <name>Askew, W</name>
                  <name>Brockman, S (teller)</name>
                  <name>Canavan, MJ</name>
                  <name>Chandler, C</name>
                  <name>Davey, P</name>
                  <name>Duniam, J</name>
                  <name>Hughes, H</name>
                  <name>McGrath, J</name>
                  <name>McMahon, S</name>
                  <name>O'Sullivan, MA</name>
                  <name>Payne, MA</name>
                  <name>Rennick, G</name>
                  <name>Reynolds, L</name>
                  <name>Roberts, M</name>
                  <name>Ruston, A</name>
                  <name>Scarr, P</name>
                  <name>Small, B</name>
                  <name>Smith, DA</name>
                </names>
              </ayes>
              <noes>
                <num.votes>16</num.votes>
                <title>NOES</title>
                <names>
                  <name>Brown, CL</name>
                  <name>Carr, KJ</name>
                  <name>Chisholm, A</name>
                  <name>Farrell, D</name>
                  <name>Hanson-Young, SC</name>
                  <name>Lambie, J</name>
                  <name>Lines, S</name>
                  <name>McKim, NJ</name>
                  <name>O'Neill, D</name>
                  <name>Patrick, RL</name>
                  <name>Pratt, LC</name>
                  <name>Siewert, R</name>
                  <name>Urquhart, AE (teller)</name>
                  <name>Waters, LJ</name>
                  <name>Watt, M</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names />
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to.<br />Bills reported without amendments; report adopted.</p>
              </body>
            </division.result>
          </division></subdebate.2><subdebate.2><subdebateinfo>
            <title>Third Reading</title>
            <page.no>119</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>21:33</time.stamp>
    <name role="metadata">Senator REYNOLDS</name>
    <name.id>250216</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I move:</para>
<quote><para class="block">That these bills be now read a third time.</para></quote>
<interjection>
  <talker>
    <name role="metadata">The DEPUTY PRESIDENT</name>
    <name.id>112096</name.id>
  </talker>
  <para>The question is that the motion as moved by the minister to read the bills a third time be agreed to.</para>
</interjection>
</speech>
<division>
            <division.header>
              <body>
                <p class="HPS-DivisionPreamble">The Senate divided. [21:35]<br />(The Deputy President—Senator Lines)</p>
              </body>
            </division.header>
            <division.data>
              <ayes>
                <num.votes>18</num.votes>
                <title>AYES</title>
                <names>
                  <name>Askew, W</name>
                  <name>Brockman, S (teller)</name>
                  <name>Canavan, MJ</name>
                  <name>Chandler, C</name>
                  <name>Davey, P</name>
                  <name>Duniam, J</name>
                  <name>Hughes, H</name>
                  <name>McGrath, J</name>
                  <name>McMahon, S</name>
                  <name>O'Sullivan, MA</name>
                  <name>Payne, MA</name>
                  <name>Rennick, G</name>
                  <name>Reynolds, L</name>
                  <name>Roberts, M</name>
                  <name>Ruston, A</name>
                  <name>Scarr, P</name>
                  <name>Small, B</name>
                  <name>Smith, DA</name>
                </names>
              </ayes>
              <noes>
                <num.votes>16</num.votes>
                <title>NOES</title>
                <names>
                  <name>Brown, CL</name>
                  <name>Carr, KJ</name>
                  <name>Chisholm, A</name>
                  <name>Farrell, D</name>
                  <name>Hanson-Young, SC</name>
                  <name>Lambie, J</name>
                  <name>Lines, S</name>
                  <name>McKim, NJ</name>
                  <name>O'Neill, D</name>
                  <name>Patrick, RL</name>
                  <name>Pratt, LC</name>
                  <name>Siewert, R</name>
                  <name>Urquhart, AE (teller)</name>
                  <name>Waters, LJ</name>
                  <name>Watt, M</name>
                  <name>Whish-Wilson, PS</name>
                </names>
              </noes>
              <pairs>
                <num.votes>0</num.votes>
                <title>PAIRS</title>
                <names />
              </pairs>
            </division.data>
            <division.result>
              <body>
                <p class="HPS-DivisionFooter">Question agreed to. <br />Bills read a third time.</p>
              </body>
            </division.result>
          </division></subdebate.2></subdebate.1><subdebate.1><subdebateinfo>
          <title>Financial Sector Reform (Hayne Royal Commission Response—Better Advice) Bill 2021</title>
          <page.no>119</page.no>
        </subdebateinfo><subdebate.text>
          <body background="" style="" xmlns:w="http://schemas.openxmlformats.org/wordprocessingml/2006/main" xmlns:a="http://schemas.openxmlformats.org/drawingml/2006/main" xmlns:o="urn:schemas-microsoft-com:office:office" xmlns:v="urn:schemas-microsoft-com:vml" xmlns:WX="http://schemas.microsoft.com/office/word/2003/auxHint" xmlns:aml="http://schemas.microsoft.com/aml/2001/core" xmlns:pic="http://schemas.openxmlformats.org/drawingml/2006/picture" xmlns:w10="urn:schemas-microsoft-com:office:word" xmlns:wp="http://schemas.openxmlformats.org/drawingml/2006/wordprocessingDrawing" xmlns:r="http://schemas.openxmlformats.org/officeDocument/2006/relationships">
            <a href="r6740" type="Bill">
              <p class="HPS-SubDebate" style="direction:ltr;unicode-bidi:normal;">
                <span class="HPS-SubDebate">Financial Sector Reform (Hayne Royal Commission Response—Better Advice) Bill 2021</span>
              </p>
            </a>
          </body>
        </subdebate.text><subdebate.2><subdebateinfo>
            <title>Second Reading</title>
            <page.no>119</page.no>
          </subdebateinfo><speech>
  <talker>
    <time.stamp>21:37</time.stamp>
    <name role="metadata">Senator GALLAGHER</name>
    <name.id>ING</name.id>
    <electorate>Australian Capital Territory</electorate>
  </talker>
  <para>The Financial Sector Reform (Hayne Royal Commission Response—Better Advice) Bill 2021 implements a recommendation of the Hayne royal commission as well as a recommendation of the Tax Practitioners Board review final report. Specifically, the bill deals with recommendation 2.10 of the Hayne royal commission, which stated:</para>
<quote><para class="block">The law should be amended to establish a new disciplinary system for financial advisers that:</para></quote>
<list>requires all financial advisers who provide personal financial advice to retail clients to be registered;</list>
<list>provides for a single, central, disciplinary body;</list>
<list>requires AFSL holders to report 'serious compliance concerns to the disciplinary body; and</list>
<list>allows clients and other stakeholders to report information about the conduct of financial advisers to the disciplinary body.</list>
<para>We support the implementation of this recommendation, but we should also recognise the history of how we got here. This recommendation comes from a government that never wanted a royal commission into the financial services sector. It had previous form in tending to water down the protections from the Future of Financial Advice reforms, or FOFA, under the guise of red-tape reduction. Then it voted 26 times against establishing the royal commission, even after all the heartbreaking stories and the countless examples of bad behaviour. Of course, we saw more of this as hearings actually took place and when the government was forced to establish a royal commission and when Commissioner Hayne released, firstly, the interim report and then the final report in 2019.</para>
<para>This bill expands the role of the Financial Services and Credit Panel within ASIC so that it can take on the functions of a single disciplinary body for financial advisers. This panel will be able to take a series of administrative actions against advisers, including warnings or reprimands; directions to undertake specific training, supervision, counselling or reporting; and orders suspending or cancelling an adviser's registration. The adviser can also be given an infringement notice or can be subject to a civil penalty handed down by a court.</para>
<para>The bill also establishes a two-stage registration process for financial advisers and winds up the Financial Adviser Standards and Ethics Authority, FASEA, with the standard-setting functions transferred to the Treasury and remaining elements, including the administration of the adviser exam, transferred to ASIC. FASEA was established in 2017 by the then Treasurer, now Prime Minister. Labor has always been supportive of reforms and initiatives that support a professional consumer focused financial advice and services industry, but FASEA stands out as an abject failure in public policy and in administration. They went through three CEOs in their first 18 months. They failed to produce standards that were in any way timely or done in an adequate fashion. Advisers were subjected to changes and complications to the exam process. When it comes to these advisers, and I had the opportunity to speak to a few of them recently, it's astounding how the government has been treating them, particularly in the design and implementation of professional standards and how this will potentially impact on experienced advisers who may be forced out of the industry, taking away their many years of knowledge about how best to serve their clients. As my colleague the member for Whitlam said in the other place, Labor will work with industry for solutions to these issues. That's why the member for Whitlam has written to the Treasurer to demand that he review ASIC's industry funding model and to call for a greater recognition of specialisations and experience in the educational and exam standards for the many callings across the financial advice industry.</para>
<para>This is important. The pandemic has changed many things, including restructuring business and household finances. It's caused retirees and those planning for retirement to consider financial strategies. So financial advice is important, and we want the government to get the regime that is in place right.</para>
<para>The bill also deals with recommendation 7.1 of the Tax Practitioners Board review by introducing a single registration and disciplinary system for tax advisers. Labor supports the implementation of this recommendation.</para>
<para>I move the second reading amendment that's been circulated in my name:</para>
<quote><para class="block">At the end of the motion, add ", but the Senate notes the Government has:</para></quote>
<quote><para class="block">(a) failed to effectively deliver professional standards reform in the financial advice sector;</para></quote>
<quote><para class="block">(b) been too slow to implement the findings of the Hayne Royal Commission;</para></quote>
<quote><para class="block">(c) established and then shut down the failed Financial Adviser Standards and Ethics Authority;</para></quote>
<quote><para class="block">(d) failed to adequately protect consumers; and</para></quote>
<quote><para class="block">(e) caused uncertainty and unnecessary costs for thousands of financial advisers across Australia".</para></quote>
<para>But, before I conclude, I would like to address another second reading amendment that's been circulated, or will be, to this bill from Senator Patrick. It would have the effect of deferring debate on this bill until we actually see the regulations that implement the precise details of the legislation before us and there is the chance for them to be scrutinised before a Senate committee. This government has made a real habit of delegating complex elements of Treasury legislation to regulations which are rarely made available to Senate committees when scrutinising legislation. The Senate Standing Committee for the Scrutiny of Delegated Legislation and its government chair, Senator Fierravanti-Wells, have consistently criticised the government for their lack of transparency in this regard. While Labor strongly supports the objectives of this bill, the bill suffers from the same issue. Senator Patrick is right to want to scrutinise the regulations being made under this bill. They will have a significant impact on the financial advice industry. It's unfortunate the government has not been able to produce draft regulations in time for the Senate to scrutinise them along with this bill.</para>
<para>I would note that late on Friday the government released a policy paper seeking feedback on two matters that will be covered by the regulations, and this feedback is meant to inform the development of regulations—so perhaps they haven't even started drafting them yet! But I would note that, at the same time, the government said they won't be releasing regulations and, to be clear, they'd just be exposure draft regulations until later this year. It's only right that advisers, industry bodies and consumer groups should have the chance to provide feedback on the regulations that will implement this legislation, and therefore Labor will be supporting Senator Patrick's second reading amendment, which perhaps is why this bill isn't listed for debate in the Senate tomorrow.</para>
</speech>
<speech>
  <talker>
    <time.stamp>21:43</time.stamp>
    <name role="metadata">Senator BROCKMAN</name>
    <name.id>30484</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>Senator Gallagher, I was hoping you were going to go for another six minutes and then we would all go and have some rest! But I'll jump to my feet and speak—</para>
<para class="italic">Senator Gallagher interjecting—</para>
<continue>
  <talker>
    <name role="metadata">Senator BROCKMAN</name>
    <name.id>30484</name.id>
  </talker>
  <para>Oh, my best six minutes! Alright. I'll start where you finished, Senator Gallagher, and address Senator Patrick's second reading amendment. Particularly those opposite who claim to be the opposition party of government, the alternative government, actually have to think through how legislation and regulation work together and how the primacy of this place makes what Senator Patrick has asked for almost impossible, particularly at the moment and into the foreseeable future where we will have a Senate with a crossbench. If you have to produce what you are effectively asking for, which is final regulations with every piece of legislation, then you're not actually going to have regulations. You may as well put them all in the bill.</para>
<para class="italic">Senator McKim interjecting—</para>
</continue>
<continue>
  <talker>
    <name role="metadata">Senator BROCKMAN</name>
    <name.id>30484</name.id>
  </talker>
  <para>No, not exactly, because that's not the way our system of government functions. I'll take the interjection, Senator McKim. It's not the way our system of government functions. Regulations have a legitimate place. I would possibly agree with you, Senator McKim, that regulations, as a percentage of the total body of law, have become significantly larger over the years, and that's a fault of all sides of government. I think it is something the political process needs to attempt to rein in. But the idea that you can have final regulations prior to a bill being discussed in this place would be, in practice, impossible to manage. You need to have final legislation passed before you can finalise regulations. That goes without saying, if you think about the way the law operates for just a little while. Can you have exposure drafts of regulations? Absolutely. Obviously, that was discussed in Senator Gallagher's contribution. But the idea that you can somehow have final drafts of regulations before legislation is passed completely ignores the deliberative role of this place in actually amending primary legislation. How could you do that? How could you have final regulation which is subsidiary if you are presenting that before the legislation has gone through this place? It would be impossible.</para>
<para>I go to the Financial Sector Reform (Hayne Royal Commission Response—Better Advice) Bill. It implements recommendations from the Hayne royal commission. As I have stood up and said before in this place, royal commissions are effectively reports to government, reports to society. They are not tablets handed down from on high in stone. They need to be considered. They need to be considered in the light of the existing regulatory framework. They need to be considered in the light of practicality. They need to be considered in the light of regulatory burden that's already placed on a particular industry in the interim. So it's very important that we take our deliberative role in this place and the role of executive government seriously and actually consider what's coming out of royal commissions—the way the recommendations should be implemented to make them work in practice—and recognise the reality of industries as they operate on the ground.</para>
<para>It is very important to say that the vast majority of people working in the various parts of the financial advice industry did not act in a way that the many egregious ones did. There were many examples of egregious behaviour at the Hayne royal commission, but that does not reflect the behaviour of the vast majority of participants in the financial advice industry. In fact, I personally want to see, and I know many others want to see, a strong financial advice industry so that working Australians, Australians planning for their future, and Australians who aspire to a higher standard of living later in their lives or for their children, should have the ability to seek out that high-quality professional advice and be able to plan their affairs in a way that enables them to achieve those aspirations. I think that is a really important and fundamental goal that we set for this industry. In the main, the vast majority of financial advisers operating within the framework acted in that way at that time.</para>
<para>However, there is a need to simplify the regulatory system, and this bill does that by increasing regulatory alignment. In particular, this bill includes creating a single disciplinary model, moving the standard-setting functions to the government, introducing annual registration requirements and removing duplicate regulation for tax advisers. The Financial Services and Credit Panel within ASIC will take on the role of the single disciplinary body and will be given new sanction powers. Where the panel concludes that a breach occurs, the panel can take a range of actions, including issuing an infringement notice, imposing an administrative sanction or recommending ASIC seek a civil penalty.</para>
<para>Debate interrupted.</para>
</continue>
</speech>
</subdebate.2></subdebate.1></debate>
    <debate><debateinfo>
        <title>ADJOURNMENT</title>
        <page.no>121</page.no>
        <type>ADJOURNMENT</type>
      </debateinfo><subdebate.1><subdebateinfo>
          <title>Napier, Hon. Sue, Goodwin, Dr Vanessa</title>
          <page.no>122</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>21:50</time.stamp>
    <name role="metadata">Senator ASKEW</name>
    <name.id>281558</name.id>
    <electorate>Tasmania</electorate>
  </talker>
  <para>Over recent months, I've spoken in this place about some of Tasmania's celebrated leaders, like Joe and Dame Enid Lyons and the Hodgman family. These people were instrumental in shaping the Tasmanian political landscape, and, today, as I once again reflect on some amazing Tasmanians, I want to speak more personally about two women who played a part in shaping the politician I am: the Hon. Sue Napier and Dr Vanessa Goodwin. Both of these women were strong, impressive leaders in politics and within the Tasmanian community. I had the pleasure of working with them both and saw firsthand the value of the service and commitment they gave to the Tasmanian parliament.</para>
<para>The late Dr Vanessa Goodwin was a criminologist who served in the Tasmanian parliament as Attorney-General, Minister for Justice and Minister for Corrections. With impressive academic qualifications and unique career experiences, Vanessa brought thoughtful and distinctive insights to her ministerial responsibilities which were widely welcomed. Vanessa was a member of Tasmania's Legislative Council for Pembroke on Hobart's eastern shore between 2009 and 2017. While in opposition, Dr Goodwin researched strategies to improve the Tasmanian justice system, including prison reform, sentencing and youth crime prevention programs. She wanted to cut crime rates and put her research into action at the first opportunity. When the Hodgman Liberal government won power in 2014, Dr Goodwin was appointed to all three justice portfolios. She achieved a number of important reforms within the Tasmanian justice system during her time in cabinet, with progress still continuing on some of those policies now. She also served as Minister for the Arts and Leader of the Government in the Legislative Council.</para>
<para>Dr Goodwin's parliamentary career was cut short by brain cancer in 2018. She was just 48. Her intellect and compassion were remembered by all sides of politics and the general public as they mourned her death.</para>
<para>Born in 1969, Vanessa had grown up at Rose Bay and Acton on Hobart's eastern shore. She graduated from the University of Tasmania in 1993 with a Bachelor of Arts and Bachelor of Laws. One of her first jobs was as associate to the then Tasmanian Chief Justice, Guy Green, later Sir Guy, and as a research assistant for the Tasmanian governor. Vanessa also worked as a criminologist with the department of police and public safety, researching and developing crime prevention tactics. She also studied a Master of Philosophy in criminology at the University of Cambridge. Her thesis covered mass murders, a topic she revisited when completing her PhD with the University of Tasmania. Vanessa interviewed more than 50 maximum-security inmates at Risdon prison about their burglary habits for her doctorate. These male prisoners, some of them hardened criminals, happily shared their lives of crime with the softly spoken PhD candidate. Her report into intergenerational crime in 2009 showed an entrenched culture of welfare dependency, alcohol abuse, domestic violence and child neglect over successive generations in some families.</para>
<para>Dr Goodwin's involvement in politics began as a teenager, when she helped her mother, Edyth Langham-Goodwin OAM, to campaign in several elections for the Liberal Party. Vanessa later contested the House of Assembly seat of Franklin at the 2006 Tasmanian election and at the 2007 federal election. She was successfully elected in 2009, winning her seat as the member for Pembroke by a large margin, and was re-elected in 2013. Her strong work ethic, determination and persistence quickly won the respect of colleagues, political opponents and the public.</para>
<para>Outside of politics, Vanessa was a Churchill scholarship holder, a Rotarian and a fitness enthusiast. Her diagnosis with multiple brain tumours in 2017 came as a shock and generated a flood of public support. It was the same cancer that had taken the life of her mother the previous year. Vanessa resigned from the Tasmanian parliament in October 2017 and died just five months later. A state funeral was held in St David's Cathedral in Hobart for Dr Goodwin, with former Premier Will Hodgman delivering the eulogy for his friend. He described Vanessa as a trailblazer who left Tasmania much poorer for her passing. The University of Tasmania and the Tasmanian government established the Dr Vanessa Goodwin Law Reform Scholarship in her honour—a fitting tribute to this remarkable Tasmanian woman.</para>
<para>I'd also like to recognise Sue Napier, who famously campaigned using the slogan 'The best man for the job is a woman'—and she certainly was. Sue was the first woman to lead the Tasmanian Liberal Party and to lead a major political party in the Tasmanian parliament. Described as a small-l liberal, Sue served in numerous portfolios but was especially interested in Tasmanians having fair access to quality health and education. Her parliamentary career came to an untimely end in 2010 when she faced a second battle with breast cancer. Unfortunately, this time it was a battle she could not win.</para>
<para>Born on the first day of 1948 at Latrobe in Tasmania's north-west, Susan Braid was one of three children born to Harry and Maisie Braid. The Braids were farmers but were also active in Tasmanian politics. Sue's father, Henry Braid—or Harry—served in the Legislative Council between 1972 and 1990, and was President of the chamber in 1983-84. His cousin Ian Braid was a Liberal member for Wilmott—now Lyons—twice during his political career, serving as a cabinet minister in the 1980s and 1990s.</para>
<para>Sue worked for the Tasmanian College of Advanced Education—which became the Tasmanian State Institute of Technology and later the University of Tasmania—for 20 years from January 1972. Her specialist areas were physical education, sports psychology and motor learning. Sue became active in the Young Liberals in the 1970s and served as president of the organisation, later becoming a member of the Tasmanian Liberal Party. She resigned from her position at UTAS to stand as a Liberal candidate for Bass at the state election in 1992.</para>
<para>Sue was successful, raising issues in her first speech that we are still grappling with almost 30 years later. Sue spoke about the need for caring communities, for parliament to conduct itself with dignity and decorum, for antidiscrimination legislation and for action on domestic violence and the protection of minors from pornographic material. Sue also had strong opinions on the Tasmanian economy. She believed in reducing state debt, spending within the state's capacity and maintaining government accounts that accurately reflect the true financial situation. She stuck with these sentiments during her whole parliamentary career.</para>
<para>Early in her 18-year parliamentary career, Sue was made Assistant Minister for the Status of Women and Youth Affairs, and in 1985 she was promoted to Minister for Transport, Minister for TT-Line and Minister for Youth Affairs. She won a second term at the 1996 election and became Deputy Premier and Minister for Education and Minister for Arts, Sport and Recreation. Topping the poll in Bass at the 1998 state election, Sue watched Labor rise under former union leader Jim Bacon. She became opposition leader in 1999 and served as the shadow minister for health and human services, racing, sport and recreation, and women between 2000 and 2006. She later took on a number of other shadow portfolios, including education and skills, environment, heritage and the arts, social inclusion and climate change.</para>
<para>Sue was diagnosed with breast cancer in late 2008 and initially responded well to treatment. However, early in 2010, she announced she would retire from parliament and not contest the Tasmanian election that year, as her cancer had returned. Outside politics, Sue served the Tasmanian community through positions on the Tasmanian Netball Association, the University of Tasmania Academic Senate and the National Council of Women. She was a Fellow of the Australian Council for Health, Physical Education and Recreation. Her personal interests included golf, fishing, walking the dog and spending time with her beloved family. Respected by all sides of politics for her work ethic, integrity and compassion, Sue was made a life member of the Liberal Party in 2010.</para>
<para>Sue died from breast cancer in August 2010 aged 62, just months after her husband, Drew, died from oesophageal cancer. They are survived by their sons James and Alex. As with Vanessa, in recognition of Sue's contribution to Tasmania and to education, the state government, with the support of all sides of politics, agreed to annually fund two education scholarships in her name to encourage and support deserving Tasmanians to become teachers, particularly those who might not otherwise be able to afford it.</para>
<para>Both Vanessa Goodwin and Sue Napier left strong legacies within Tasmanian politics as role models for parliamentarians and, especially, women who aspire to enter politics, like myself. It was an honour to have been able to call them my friends.</para>
</speech>
</subdebate.1><subdebate.1><subdebateinfo>
          <title>Mental Health</title>
          <page.no>123</page.no>
        </subdebateinfo><speech>
  <talker>
    <time.stamp>21:59</time.stamp>
    <name role="metadata">Senator SIEWERT</name>
    <name.id>e5z</name.id>
    <electorate>Western Australia</electorate>
  </talker>
  <para>I rise this evening to speak on the proposed national mental health and suicide prevention agreement. In all the multitude of inquiries into the mental health system in Australia the problems caused by fragmentation have been consistently identified by consumers and carers as creating an ad hoc patchwork of services that are difficult to navigate and access. This pandemic has clearly exposed this major problem. This issue featured again in many submissions and the recommendations of the Productivity Commission inquiry into mental health when it released its findings in November 2020. The lack of clear roles and responsibilities between the Commonwealth and state and territory governments was identified as a major factor in this fragmentation.</para>
<para>As part of the Australian government's response to the Productivity Commission's findings, the Prime Minister announced the development of a national agreement on mental health and suicide prevention to be agreed with the states and territories by November 2021, providing 12 months in total for its development. Implementing such a national agreement is one of the key actions identified in Mental Health Australia's charter on mental health, which was signed by over 110 organisations in the mental health sector. The announcement of a national agreement is promising, but it has been more than eight months since the announcement and there is little publicly available material about its development, with no clear national consultation process.</para>
<para>The Prime Minister indicated that national cabinet had established a health reform committee and that this group would take accountability for delivering the national agreement. There's also a small strategic advisory group, but the membership of this has not been widely promoted. Its advice to date is not public, and it is not evident that this group has sought views from the sector on the development of the national agreement. The mechanism for seeking the views of Australians with lived experience with mental ill health is not known.</para>
<para>The peek body, Mental Health Australia, is not represented on the expert advisory committee overseeing the development of the national agreement nor have they been asked to undertake consultation with the sector in relation to its content. In the absence of alternatives, Mental Health Australia undertook its own consultation to inform the development of the national agreement. It's really quite astonishing that the peak mental health body of this country has not been invited to take part in the development of this national agreement. If we want this work—and, of course, it's absolutely critical that we have to do this work—the government needs to take advice from experts and we need transparency around the consultation process. Why is it always so cloak and dagger with this government?</para>
<para>It's also very concerning that consumers of mental health and people with lived experience are not being included either—or certainly it doesn't appear so. We cannot have a plan to address mental health and suicide prevention without genuine engagement with those with lived experience in mental ill health and inclusion of people with lived experience in the design, negotiation, implementation and ongoing monitoring of the national agreement. People with lived experience need to be partners with the government and to be part of the senior governance groups. The system must be genuinely consumer centred, with consumers' needs at the forefront.</para>
<para>The government, it appears, hasn't bothered to consult with the peak body on the national agreement, but Mental Health Australia have provided some comprehensive expert advice on how to make the agreement work and address fragmentation in the sector. They have taken the initiative. The advice to government is a comprehensive view from the health sector on the reform opportunities presented by the development and the potential of a national agreement. It contains structures, priorities and initiatives that can assist to improve outcomes for people with a lived experience of mental ill health and those who love and care for them.</para>
<para>They highlighted six key areas for a successful national agreement: firstly, the foundational principle that there must be involvement of people with lived experience of mental ill health in the development, implementation, oversight and evaluation of the agreement. Secondly, there is a need for clear accountability, coordination of activity and transparency of action and the need for first ministers to take responsibility for the outcomes of the agreement. Thirdly, there must be a commitment to long-term funding enhancements based on an objective reference point and investment should be incrementally added to the system against a set of transparent priorities and with transparent governance and oversight. Fourthly, governance and implementation mechanisms must include representation from the sector, drawing on its expertise, and recognise the foundational principle of the involvement of individuals with lived experience of mental ill health. Fifthly, there needs to be a focus beyond the health system that includes responses that address the social determinants and root causes of mental ill health and suicide, including poverty, trauma and incarceration. Sixthly, the evaluation and measurement of outcomes built into the agreement must include whole-of-government measures that deal with long-term improvements in mental health and wellbeing for the whole community.</para>
<para>We can't just have yet another government announcement that gets a headline and then nothing, as we all move on. This is more than a headline. It needs urgent action, and the community needs to be adequately and properly consulted. We have a fast-evolving mental health crisis in this country. We cannot miss this opportunity to implement a fit-for-purpose national mental health and suicide prevention agreement. This is simply too critically important to treat in the manner in which the government is apparently treating this very important agreement. Without the input of the sector and people with lived experience, the national agreement will miss a significant opportunity to make a real difference in people's lives. This agreement, if prepared properly, will make a real difference to people's lives. Unfortunately, we're perhaps going to get an agreement that features the ad hoc and fragmented approach that so strongly characterises the mental health system in this country. We, the community, expect better. People with lived experience urgently need to be consulted on this important agreement.</para>
<para>I urge the government to update the community, the sector, Mental Health Australia, representatives and consumers on where this agreement is up to. Include them, as a matter of urgency, in this process. Listen and pay very close regard to the six key points that Mental Health Australia are pointing out as needing to be undertaken urgently if we are going to have an agreement of which we can all be proud and, most importantly, which delivers the results that are so urgently needed.</para>
<para>Senate adjourned at 22:07</para>
</speech>
</subdebate.1></debate>
  </chamber.xscript>
</hansard>