The PRESIDENT (Senator the Hon. Scott Ryan) took the chair at 09:30, read prayers and made an acknowledgement of country.
That—
(a) if consideration of the following bills has not concluded by 11.15 am, the questions on all remaining stages be put without debate:
i. Electoral Legislation Amendment (Counting, Scrutiny and Operational Efficiencies) Bill 2021,
ii. Electoral Legislation Amendment (Party Registration Integrity) Bill 2021, and
iii. Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Bill 2021;
(b) paragraph (a) operate as a limitation of debate under standing order 142;
(c) the routine of business from 3.30 pm be consideration of the following bills:
i. Foreign Intelligence Legislation Amendment Bill 2021,
ii. Australian Organ and Tissue Donation and Transplantation Authority Amendment (Governance and Other Measures) Bill 2021,
iii. Customs Amendment (2022 Harmonized System Changes) Bill 2021, and Customs Tariff Amendment (2022 Harmonized System Changes) Bill 2021;
(d) if consideration of the bills in paragraph (c) has not concluded by 4.30 pm, the questions on all remaining stages be put without debate;
(e) paragraph (d) operate as a limitation of debate under standing order 142;
(f) divisions may take place after 4.30 pm for the purposes of the bills listed in paragraph (c) only; and
(g) the Senate adjourn without debate after consideration of the bills has concluded, or on the motion of a minister, whichever is earlier.
That the question be now put.
Electoral Legislation Amendment (Counting, Scrutiny and Operational Efficiencies) Bill 2021
Electoral Legislation Amendment (Party Registration Integrity) Bill 2021
Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Bill 2021
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
ELECTORAL LEGISLATION AMENDMENT (COUNTING, SCRUTINY AND OPERATIONAL EFFICIENCIES) BILL 2021
I am pleased to introduce the Electoral Legislation Amendment (Counting, Scrutiny and Operational Efficiencies) Bill 2021.
This Bill amends the Commonwealth Electoral Act 1918 to respond to the evolving electoral environment, with note to technological progress and changes in the scale and complexity of federal elections. These measures build on the Government's investment in assisting the AEC to stay at the forefront of electoral technology, whilst also helping to make the voting process more efficient for Australians.
The measures in this Bill respond to recommendations of the Joint Standing Committee on Electoral Matters (JSCEM), as well as submissions by the Australian Electoral Commission (AEC) to support the continued modernisation of the AEC's operational processes.
Modernising postal voting procedures
The Bill enables postal voters outside Australia to complete certain procedural steps electronically if they are unable to comply with authorised witness requirements, for example where lockdown conditions are in place. This amendment does not allow a voter to submit their postal vote electronically.
The Bill also introduces a vote-saving provision for postal votes that are received outside a sealed postal vote certificate. This amendment prevents a postal vote from being excluded from the count solely because it was received alongside, rather than inside, the voter's postal vote certificate.
Pre-polling period
The Bill introduces a fixed pre-poll voting period of up to 12 days prior to election day. The timeframe balances voters' opportunity to participate in elections with the benefits that a more clearly defined pre-poll period provides to the AEC and participants in the electoral process.
Increased candidate scrutineers for Senate elections
The Bill increases the number of scrutineers permitted to observe the computerised scrutiny of Senate elections. The amendment will allow candidates to be represented by one scrutineer for every second tier data entry operator conducting exception checks, in addition to the existing entitlement to be represented by one scrutineer for every AEC officer present.
This promotes transparency and confidence in the integrity of electoral counting processes, whilst balancing this with the physical capacity limitations of counting centres.
Early opening and sorting of pre-poll ballot papers
This Bill will give the AEC the option to open and sort, but not count, ordinary pre-poll ballot papers for the House of Representatives from 4pm on election day.
Given the significant increase in the number of pre-poll votes in elections, this will support the AEC in ascertaining a timely result on election day.
Scrutineers will observe the initial sorting process, and their release of any information about opening and sorting prior to 6pm will be prevented by law. Counting and formality checks of ballot papers with the oversight of scrutineers will then occur from 6pm, as is currently the case.
Early extraction of declaration votes
The Bill allows the AEC the option to extract declaration votes from their envelopes in the five days prior to polling day, and place them in a ballot-box by themselves for further scrutiny. Scrutineers will have the right to witness all aspects of the extraction process.
This amendment will assist the AEC in its processes to complete the initial count and deliver a timely result on election day.
Technical operational efficiency measures
The Bill also makes a number of changes to electoral processes that are necessary to keep pace with modern technology, and will contribute to the AEC's operational efficiency.
The Bill amends how records of paper-based postal vote applications are managed. This recognises that the majority of the applications are now submitted online, and therefore do not require forwarding to the Divisional Returning Officer for the Division in which the applicant is enrolled.
The Bill removes the requirements for pre-poll declaration envelopes to carry a distinguishing number, and for the name and address of printers who printed electoral matter to be included in electoral authorisations.
And finally, the Bill aligns the handling of envelopes containing 'spoilt' or 'discarded' ballot papers with broader ballot paper handling requirements.
Conclusion
These amendments will assist the AEC in the responsibility of delivering efficient and timely elections, promoting continued public confidence in a key democratic institution.
ELECTORAL LEGISLATION AMENDMENT (PARTY REGISTRATION INTEGRITY) BILL 2021
Today I introduce the Electoral Legislation Amendment (Party Registration Integrity) Bill 2021.
This Bill amends the Commonwealth Electoral Act 1918 to strengthen the integrity of party registration by ensuring there exists a genuine base of community support for political parties, and reduce the risk of voter confusion.
This Bill responds to reports of the Joint Standing Committee on Electoral Matters (JSCEM).
Political Party Membership Requirements
The Bill amends the Electoral Act to ensure that registered political parties are built on a genuine foundation of community support.
It does this by increasing the minimum membership requirements for non-parliamentary parties from 500 members to 1,500 members, as recommended by JSCEM's Report on the conduct of the 2013 federal election and matters related thereto.
This provision will apply from the date of Royal Assent for new political parties applying for registration.
Non-parliamentary parties that are already registered will be provided three months from the date of Royal Assent to demonstrate they have at least 1,500 members nationally.
This Bill also clarifies the existing requirement that an individual who is a member of more than one party can only be counted once for purposes of demonstrating a party's minimum membership requirements.
This in no way precludes candidates contesting elections as Independents.
Political parties with same words in names or logos
The Bill amends the Electoral Act to minimise the risk that a voter may be confused, or potentially misled, in the exercise of their choice at an election due to a political parties being registered with very similar names.
The amendment guards against this risk by requiring the Electoral Commissioner to refuse an application to register a political party if the applicant party's name replicates a word in the name of an existing registered party.
This will include commonly accepted variants of a word, and will also apply to the proposed abbreviation of the applicant party's name.
Common sense exceptions will apply—
The provision will not apply to words that are collective nouns, like 'alliance' or 'party'.
It will not apply to country or place names, or their variations - like 'Australia' or 'Australian'.
It will also not apply to function words like 'the', 'for' and 'of'.
Further, where an applicant provides written consent from an existing registered party with a similar name, the Electoral
Commissioner will be able to accept the applicant party's name even if it contains the same words as the existing registered party.
The Electoral Commissioner may also refuse to register the logo of a political party on the grounds that it contains a word or abbreviation of an existing political party.
Amendments are made to Section 134A of the Act to ensure consistent application to all existing registered political parties.
The Electoral Commissioner's decisions in these matters will be reviewable by the Administrative Appeals Tribunal.
Together, these provisions will enhance the integrity of the electoral process by reducing the likelihood of voters inadvertently associating or confusing political parties with similar sounding names.
This amendment responds to a recommendation of the JSCEM in its Report on the conduct of the 2019 federal election and matters related thereto .
ELECTORAL LEGISLATION AMENDMENT (ELECTORAL OFFENCES AND PREVENTING MULTIPLE VOTING) BILL 2021
I am pleased to introduce the Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Bill 2021. This Bill amends the Commonwealth Electoral Act 1918 to strengthen the integrity of our electoral system.
These amendments will help guard against instances of multiple voting and clarify circumstances that may constitute an offence of interference with political liberty under the Electoral Act. The amendment also increases the penalty associated with this offence.
Designated electors
While Australia is fortunate as a democratic nation to experience very few instances of voter fraud, this amendment will help strengthen our electoral system's defences against instances of multiple voting.
Schedule 1 to this Bill amends the Electoral Act to introduce the category of 'designated elector'.
The amendment empowers the Electoral Commissioner to declare an elector a 'designated elector' if the Commissioner reasonably suspects that the elector has voted more than once in the same election. This conclusion could be drawn from data and investigations from previous electoral events.
If the Electoral Commissioner declares a person to be a designated elector, the Commissioner must give the elector written notice of the decision and set out the elector's rights of review. These rights include having the decision reviewed by the Administrative Appeals Tribunal.
A designated elector will be protected in their entitlement to vote, only they will be required to cast a declaration vote. This means the elector will have to cast their vote through postal voting, pre-poll declaration voting, absent voting, or provisional voting.
The amendments prohibit the disclosure of a person's status as a designated elector. This is to maintain the privacy of a person's status as a designated elector.
A designated elector's declaration vote will not be withdrawn from its envelope until after the close of the poll. This provides a safeguard to ensure that, if the designated elector casts multiple votes in the election, only their declaration vote received first can be accepted into the count. This ensures that no voter is disenfranchised, but that nobody can vote more than once.
This amendment strengthens the integrity of our electoral system and maintains voter confidence in elections. It also aligns with other state jurisdictions that have taken similar steps to overcome instances of multiple voting.
Interference with political liberty
Schedule 2 to the Bill amends the Electoral Act to clarify what may constitute interference with political liberty, which is an offence under the Electoral Act.
This clarification notes that violence, obscene or discriminatory abuse, property damage, and harassment or stalking with relevance to an election are examples of what can be considered interference with political liberty .
Further, the penalty for 'interference with political liberty' will be brought in line with the penalty in the Criminal Code for 'interference with political rights and duties'. The penalty will be increased from:
'Imprisonment for 6 months, or 10 penalty units, or both', to
'Imprisonment for 3 years, or 100 penalty units, or both'.
Conclusion
These amendments will promote continued public confidence in the electoral process and ensure voters can participate in the electoral process free from harassment and intimidation.
What is going on? Is this about democratic values, or is it a power play?
People may differ about the bill's justification. But one thing is clear to a lawyer: as drafted, the bill is cooked. It overreaches and is not well drafted.
At the end of the motion, add ", but the Senate notes that robust disclosure laws, caps on donations to political parties and campaign spending limits are needed to curb the influence of political donations on electoral and policy outcomes".
At the end of the motion, add ", but the Senate:
(a) notes that the Northern Territory's enrolment rate lags behind the rest of the country with only 85.6% of eligible electors enrolled to vote; and
(b) calls on the Morrison/Joyce Government to close the gap by providing more resources to the Australian Electoral Commission so that people living in disadvantaged, remote and regional communities can exercise their democratic right to vote".
The Senate divided. [11:20]
(The President—Senator Ryan)
(1) Schedule 1, item 20, page 7 (lines 28 to 29), omit paragraph (2)(b), substitute:
(b) if such application was made after this item commences.
(2) Schedule 1, item 20, page 8 (lines 10 to 12), omit subitem (5), substitute:
(5) The amendments of section 134A of the Act made by this Schedule apply in relation to an application for the registration of a political party made after this item commences.
(1) Page 8 (after line 10), at the end of the bill, add:
Schedule 2 — Other scrutiny matters
Commonwealth Electoral Act 1918
1 Subsection 4(1)
Insert:
formal preferences report : see section 273C.
2 After section 273B
Insert:
273C Senate formal preferences report
(1) For a Senate election, the Electoral Commissioner must prepare a report (a formal preferences report ) that details, for each formal ballot paper:
(a) relevant identifying information, including but not limited to:
(i) the Division; and
(ii) administrative markings on the ballot paper made under section 209B, such as a ballot paper number; and
(b) the preferences on the ballot paper.
(2) The Electoral Commissioner must publish the formal preferences report, on the Electoral Commission's website, within 30 days after the return of the writ for the election.
273D Auditing of computerised scrutiny of votes
(1) The Electoral Commission must, within 30 days after the return of the writ for a Senate election (the audited election ), cause to be conducted an audit of:
(a) the scrutiny of votes at the audited election; and
(b) the use of computers under section 273A to conduct that scrutiny.
(2) The audit must:
(a) select, at random, a statistically significant number of ballot papers received by the Australian Electoral Officer at the audited election; and
(b) assess the extent to which the details of the preferences on the selected ballot papers that have been stored in a computer accurately reflect the record of preferences on the selected ballot papers.
(3) The audit must be conducted in the presence of any scrutineer appointed under subsection (4).
Scrutineers at the audit
(4) Scrutineers may be appointed by candidates from the audited election to represent them at the audit.
(5) Appointments of scrutineers shall be made by notice in writing addressed to a Returning Officer or presiding officer for the audited election, and such notice shall be signed by the candidate, and shall give the name and address of the scrutineer.
Regulations
(6) The regulations may provide for:
(a) a method for the random selection of ballot papers; and
(b) processes and requirements for retrieving ballot papers; and
(c) the appointment of scrutineers; and
(d) the rights and obligations of scrutineers; and
(e) any other matters to be included in the audit.
Electoral Legislation Amendment (Counting, Scrutiny and Operational Efficiencies) Bill 2021
Electoral Legislation Amendment (Party Registration Integrity) Bill 2021
Electoral Legislation Amendment (Electoral Offences and Preventing Multiple Voting) Bill 2021
SELECTION OF BILLS COMMITTEE
REPORT NO. 10 OF 2021
26 August 2021
MEMBERS OF THE COMMITTEE
Senator Dean Smith (Government Whip, Chair)
Senator Perin Davey (The Nationals Whip)
Senator Stirling Griff (Centre Alliance Whip)
Senator Pauline Hanson (Pauline Hanson's One Nation Whip)
Senator Rachel Siewert (Australian Greens Whip)
Senator Anne Urquhart (Opposition Whip)
Senator Raff Ciccone
Senator Katy Gallagher
Senator Jacqui Lambie
Senator the Hon James McGrath
Senator Rex Patrick
Senator the Hon Anne Ruston
Secretary: Tim Bryant Ph 6277 3020
1. The committee met in private session on Wednesday, 25 August 2021 at 8.01 pm.
2. The committee recommends that—
(a) the Crimes Amendment (Remissions of Sentences) Bill 2021 be referred immediatel y to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 14 October 2021 (see appendix 1 for a statement of reasons for referral);
(b) the provisions of the Corporations (Aboriginal and Torres Strait Islander) Amendment Bill 2021 be referred immediatel y to the Finance and Public Administration Legislation Committee for inquiry and report by 14 October 2021 (see appendix 2 for a statement of reasons for referral);
(c) the provisions of the Defence Legislation Amendment (Discipline Reform) Bill 2021 be referred immediatel y to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 14 October 2021 (see appendix 3 for a statement of reasons for referral);
(d) contingent upon introduction in the House of Representatives, the provisions of the Territories Stolen Generations Redress Scheme (Facilitation) Bill 2021 and Territories Stolen Generations Redress Scheme (Consequential Amendments) Bill 2021 be referred immediatel y to the Finance and Public Administration Legislation Committee for inquiry and report by 14 October 2021 (see appendix 4 for a statement of reasons for referral); and
(e) the provisions of the Treasury Laws Amendment (2021 Measures No. 7) Bill 2021 be referred immediatel y to the Economics Legislation Committee for inquiry and report by 14 October 2021 (see appendix 5 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
4. The committee deferred consideration of the following bills to its next meeting:
(Dean Smith)
Chair
26 August 2021
Appendix 1
SELECTION OF BILLS COMMITTEE
Name of bill:
Crimes Legislation Amendment (Remissions of Sentences} Bill 2021
Reasons for referral/principal issues for consideration:
Impact of the Bill on the Australian community and individuals
Community Safety Organisations
Human Rights and Justice Groups
Legal community
Committee to which bill is to be referred:
Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
14 October 2021
(signed)
Senator Anne Urquhart
Appendix 2
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Corporations (Aboriginal and Torres Strait Islander) Amendment Bill 2021
Reasons for referral/principal issues for consideration:
Impact of the Bill on the standards for ATSI corporations
First Nations community organisations
Environmental advocates
National Aboriginal & Torres Strait Islander Legal Services
Finance and Public Admin (or other if required)
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
14 October 2021
(signed)
Senator Anne Urquhart
Appendix 3
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Defence Legislation Amendment (Discipline Reform) Bill 2021
Reasons for referral/principal issues for consideration:
To ensure proper scrutiny and stakeholder consultation on the Bill, and that there would be no unintended consequences from the proposed amendments.
Possible submissions or evidence from:
Department of Defence, Australia Defence Association, Defence Force Welfare Association
Committee to which bill is to be referred:
Foreign Affairs, Defence and Trade Legislation Committee
Possible hearing date(s):
This would be determined by the committee. However, subject to the second reading debate in the House of Representatives, a possible he g date could be September 2021, for example 14 or 21 September, during the parliamentary recess.
Possible reporting date:
5 October prior to the October sittings.
(signed)
Senator Anne Urquhart
Whip/Selection of Bills Committee Member
Appendix 4
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Territories Stolen Generations Redress Scheme (Facilitation) Bill 2021
Reasons for referral/principal issues for consideration:
Community consultation on design and scope of scheme
Stolen generations advocates
Healing Foundation
Committee to which bill is to be referred:
Community Affairs - or other
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
14 October 2021
(signed)
Senator Anne Urquhart
BLANK LINE
Appendix 5
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill: Treasury Laws Amendment {2021 Measures No. 7) Bill 2021
Reasons for referral/principal issues for consideration:
Consideration of whether the measures contained in Schedule 7 are adequate to deal with tax compliance issues in the gig economy
Possible submissions or evidence from:
Gig economy firms, unions (TWU), ATO, tax experts
Committee to which bill is to be referred:
Senate Economics Legislation Committee
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
14 October 2021 (prior to next sitting fortnight)
(signed)
Senator Anne Urquhart
That the report be adopted.
At the end of the motion, add:
"and, in respect of the Foreign Intelligence Legislation Amendment Bill 2021, the provisions of the bill be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 19 October 2021".
That:
(a) government business orders of the day as shown on today's Order of Business be considered from 12.15 pm today;
(b) government business then be called on and considered till not later than 1.30 pm;
(c) general business order of the day no. 17 be considered during general business today; and
(d) the following bills be considered at the time for private senators' bills on Monday, 30 August 2021:
(i) Fair Work Amendment (Improving Paid Parental Leave for Parents of Stillborn Babies) Bill 2021, and
(ii) Defence Amendment (Parliamentary Approval of Overseas Service) Bill 2020.
The Senate divided. [11:42]
(The President—Senator Ryan)
That, on 1 September 2021, after the publicly indicated completion of current rescue efforts at Kabul Airport, the following matters be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and interim report by 29 November 2021, and a final report by the first parliamentary sitting week in February 2022:
(a) Australia's twenty-year military, diplomatic and development engagement in Afghanistan, with reference to:
(i) our success in achieving the Australian Governments' stated objectives,
(ii) the collapse of the Afghan Government and Afghan National Army, and the Taliban's resurgence and takeover of Kabul, following the withdrawal of coalition troops from Afghanistan,
(iii) the costs of Australia's engagement in Afghanistan,
(iv) the Prime Minister's statement that Australian Government support will not reach 'all that it should' in Afghanistan following the withdrawal of coalition forces from the country;
(b) the adequacy of Australia's preparation for withdrawal from Afghanistan, including:
(i) closure of the embassy,
(ii) the evacuation of Australian citizens, permanent residents and visa holders, and
(iii) decisions relating to evacuation of at risk Afghan nationals and partners and family members of Australian citizens and permanent residents;
(c) how the Australian Government should respond to recent developments in Afghanistan in order to:
(i) protect Australia's national security,
(ii) prevent or mitigate damage to Australia's international reputation, if necessary,
(iii) extend immediate mental health support to Australian defence force personnel and veterans while the Royal Commission into Defence and Veteran Suicide remains ongoing, and
(iv) protect Australian citizens, visa holders, and Afghan nationals who supported Australian forces, where they remain in Afghanistan; and
(d) any related matters.
Omit paragraph (a)(iv).
Omit sub-paragraph (a)(i), substitute:
(i) what the stated objectives of Australia's participation in Afghanistan were, whether these were met, and whether the strategies to achieve these objectives were effective,
(ia) the effectiveness and accountability of political and military leadership in working to the stated aims of Australia's participation in the war,
Omit sub-paragraph (c)(iv), substitute:
(iv) protect Australian citizens, visa holders, and Afghan nationals who supported Australian forces, where they remain in Afghanistan, and people left vulnerable to violent persecution due the circumstances of the withdrawal - this includes, but is not limited to, women, LGBTIQ+ people, children, members of ethnic groups, human rights advocates, Afghan Government officials, journalists, academics and alumni of Australian universities,
(v) protect and promote the human rights of people in Afghanistan and our ongoing humanitarian obligations, and
(vi) coordinate with ongoing investigations by the Office of the Special Investigator and the Australian Federal Police on the alleged war crimes committed by Australian Special Forces; and
(1) That a select committee, to be known as the Select Committee on Financing Critical Infrastructure and Sovereign Capability, be established to inquire and report on the following matters:
(a) the importance of sovereign capability and critical infrastructure;
(b) the role domestic investment plays in enhancing Australia's sovereign capability and economic growth;
(c) efficient means to secure the financing of domestic investment in sovereign capability and critical infrastructure;
(d) regulatory reforms to encourage domestic investment in sovereign capability and critical infrastructure;
(e) relevant international approaches to securing domestic investment in sovereign capability and critical infrastructure; and
(f) any related matters.
(2) That the committee present its final report on or before the last sitting day in March 2022.
(3) That the committee consist of six senators, as follows:
(a) three nominated by the Leader of the Government in the Senate;
(b) two nominated by the Leader of the Opposition in the Senate;
(c) one nominated by any minority party or independent senator.
(4) That:
(a) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator; and
(b) participating members may participate in hearings of evidence and deliberations of the committee and have all the rights of members of the committee, but may not vote on any questions before the committee.
(5) If a member of a committee is unable to attend a meeting of the committee, that member may in writing to the chair of the committee appoint a participating member to act as a substitute member of the committee at that meeting and, if the member is incapacitated or unavailable, a letter to the chair of a committee appointing a participating member to act as a substitute member of the committee may be signed on behalf of the member by the leader or whip of the party or group on whose nomination the member was appointed to the committee.
(6) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.
(7) That the committee elect as chair one of the members nominated by the Leader of the Government in the Senate and as deputy chair one of the members nominated by independent senators.
(8) That the deputy chair shall act as chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.
(9) That the chair, or the deputy chair when acting as chair, may appoint another member of the committee to act as chair during the temporary absence of both the chair and deputy chair at a meeting of the committee.
(10) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, has a casting vote.
(11) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.
(12) That the committee have power to appoint subcommittees consisting of three or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to consider.
(13) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President of the Senate.
(14) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.
That there be laid on the table by the Minister representing the Minister for Energy and Emissions Reduction, by no later than 10 am on Monday, 30 August 2021, the final report of the Energy Security Board on post-2025 energy market design.
That there be laid on the table by the Minister representing the Minister for Energy and Emissions Reduction, by no later than 10 am on Monday, 30 August 2021, the feasibility study regarding Shine Energy's proposed coal-fired power station in Collinsville, prepared by Shine Energy and provided to the Department of Industry Science, Energy and Resources and/or the Minister for Energy and Emissions Reduction.
The Senate divided. [11:56]
(The President—Senator Ryan)
That there be laid on the table by the Minister representing the Minister for Energy and Emissions Reduction, by no later than 10 am on Monday, 30 August 2021, all documents generated in relation to Minister Angus Taylor's trip to the Northern Territory between 15 and 17 October 2020, including, but not limited to, correspondence, invitations, itineraries, briefing papers and meeting notes.
The Senate divided. [12:00]
(The President—Senator Ryan)
That senators be appointed to committees, as set out in the document available in the chamber and listed on the Dynamic Red.
This motion includes committee membership changes contingent on the expected vacancy in the representation of Western Australia.
Australia as a Technology and Financial Centre—Select Committee—
Appointed—Participating members: Senators Faruqi, Hanson-Young, Rice, Steele-John, Thorpe, Waters and Whish-Wilson
Autism—Select Committee—
Appointed—Participating members: Senators Faruqi, Hanson-Young, McKim, Rice, Thorpe, Waters and Whish-Wilson
Temporary Migration—Select Committee—
Appointed—Participating members: Senators Faruqi, Hanson-Young, Rice, Steele-John, Thorpe, Waters and Whish-Wilson
Contingent on the resignation of Senator Siewert as a senator
Community Affairs Legislation and References Committees—
Appointed—Senator Rice
COVID-19—Select Committee—
Appointed—Senator Steele-John
Implementation of the National Redress Scheme—Joint Select Committee—
Appointed—Senator Rice
Procedure—Standing Committee—
Appointed—Senator McKim
Contingent on Ms Dorinda Cox being chosen as a senator to fill the expected vacancy in the representation of Western Australia
Australia as a Technology and Financial Centre—Select Committee—
Appointed—Participating member: Senator Cox
Autism—Select Committee—
Appointed—Participating member: Senator Cox
Community Affairs Legislation and References Committees—
Appointed—Participating member: Senator Cox
COVID-19—Select Committee—
Appointed—Participating member: Senator Cox
Economics Legislation and References Committees—
Appointed—Participating member: Senator Cox
Education and Employment Legislation and References Committees—
Appointed—Participating member: Senator Cox
Environment and Communications Legislation and References Committees—
Appointed—Participating member: Senator Cox
Finance and Public Administration Legislation and References Committees—
Appointed—Participating member: Senator Cox
Foreign Affairs, Defence and Trade Legislation and References Committees—
Appointed—Participating member: Senator Cox
Foreign Interference through Social Media—Select Committee—
Appointed—Participating member: Senator Cox
Job Security—Select Committee—
Appointed—Participating member: Senator Cox
Legal and Constitutional Affairs Legislation and References Committees—
Appointed—Participating member: Senator Cox
Multi-Jurisdictional Management and Execution of the Murray Darling Basin Plan—Select Committee—
Appointed—Participating member: Senator Cox
Rural and Regional Affairs and Transport Legislation and References Committees—
Appointed—Participating member: Senator Cox
Temporary Migration—Select Committee—
Appointed—Participating member: Senator Cox
National Disability Insurance Scheme Amendment (Improving Supports for At Risk Participants) Bill 2021
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The National Disability Insurance Scheme Act 2013 (the NDIS Act) provides a foundation for measures to support and protect NDIS participants. This Bill makes essential amendments to the NDIS Act to improve the support and protections provided to NDIS participants who may be at risk of harm.
The Bill also includes a number of minor amendments to strengthen existing measures and ensure the NDIS Quality and Safeguards Commission (the NDIS Commission) has clear legal authority to pursue providers or workers who infringe or fail to uphold the rights of people with disability.
Following recent cases of abuse, neglect and exploitation of NDIS participants, the Government has considered a number of inquiries into the effectiveness of NDIS safeguards in these cases, in addition to the Hon. Alan Robertson SC Independent Review of the adequacy of the regulation of the supports and services provided to Ms Ann- Marie Smith, an NDIS Participant, who died on 6 April 2020 (the Robertson Review), commissioned by the NDIS Commissioner. These cases are a source of deep distress and concern to people with disability and to all Australians. Like many Australians, I continue to be deeply shocked and saddened by the death of Ms Smith. This Bill introduced today recognises the tragic circumstances of Ms Smith's death and provides comfort and assurance to participants, their family and friends, that this Government is taking action to better protect them and to reduce the risk that such distressing events occur again.
The Robertson Review made 10 recommendations to the NDIS Commissioner, some of which required legislative amendments to support implementation. The changes in this Bill build on the operational changes already made by the NDIS Commission and the National Disability Insurance Agency (NDIA) to better support at risk people with disability including better outreach and working with providers to ensure a participant is not cared for unsupervised by a single worker.
The NDIS Quality and Safeguarding Framework (the Framework) was released in February 2017, with the NDIS Commission beginning to operate in July 2018 in New South Wales and South Australia and gradually expanded to cover the other states and territories. From 1 December 2020, the NDIS Commission assumed responsibility for the national oversight of the NDIS quality and safeguards arrangements for the first time.
As a responsive regulator, the NDIS Commission continues to review and refine its approach based on experience and provider engagement. It is important we learn from implementation and, where necessary, amend legislation to strengthen the protection of NDIS participants. This Bill makes such amendments and is a part of the government's commitment to continuously improve the quality and safeguards in place to protect participants under the Framework.
Importantly, the Robertson Review did not identify significant failings in the way that the NDIS Commission performed its functions. It recognised the harm that has occurred and the importance of taking action not just against those responsible, but to ensure that it cannot happen again. This Government cannot state more whole-heartedly the commitment to taking the required action to implement change to better protect participants, especially those at most risk of harm.
The NDIS Commission and the NDIA have already taken available action to improve information sharing, including agreeing a Memorandum of Understanding and a set of operational protocols to govern information exchange.
This Bill supports improved information sharing arrangements between these two agencies. It amends the information sharing powers in the NDIS Act to ensure the NDIS Commission and the NDIA have clear legal authority to release protected information to one another, for the purposes of carrying out the core legislated functions of both agencies under the NDIS Act and ensure the protection of NDIS participants.
Present clauses in the NDIS Act establish a high threshold for sharing information. They establish the disclosure can only be made if it is "necessary to prevent or lessen a serious threat to an individual's life, health or safety". The Robertson Review recommends, and this Bill enacts, a broadening of the conditions on which information can be shared.
It removes qualifiers like 'serious' and 'necessary' to ensure any threat to life, health or safety is sufficient grounds for the recording, use or disclosure of protected information between the NDIS Commission and the NDIA. This will better protect NDIS participants.
The Bill also amends provisions for disclosing information more broadly, including to ensure the NDIS Commission is able to disclose information to worker screening units and other agencies for quality and safeguards purposes and can also publish and maintain information about historical compliance and enforcement action on its provider register.
Importantly, these changes to information sharing do not undermine or reduce the significant protections for personal information under the NDIS Act. Personal information held by the NDIA or the NDIS Commission will continue to be considered protected information.
Personal information will still be handled in accordance with the limitations on use and disclosure established by the NDIS Act, the Privacy Act 1988 , and any other applicable Commonwealth, State or Territory legislation.
Information will only be shared where reasonably necessary for the fulfilment of the Commissioner's lawful and legitimate functions and the protection of people with disability.
The Bill also improves the reportable incidents function of the NDIS Commission. Registered NDIS providers are required to notify the NDIS Commission of serious incidents such as death and serious injury (including alleged incidents) that occur in connection with the services and supports they provide.
The Robertson Review recommended reportable incidents be broadened and the NDIS Commission support the need to clarify incidents that may not have a direct causal link to the provision of services may also be reportable incidents. The Bill provides the NDIS Commission the scope to further define the circumstances surrounding reportable incidents and clarify reporting requirements, in the NDIS Commission's reportable incidents rules. By enabling definition via the Rules, the Commission will have the flexibility to respond quickly to arising circumstances and continue to protect participants. An exposure draft of these rules has been tabled alongside the Bill to assist in its consideration.
Another core function of the NDIS Commission is the registration of NDIS providers. Quality assurance of registered NDIS providers is undertaken by approved quality auditors who are engaged by providers directly.
The market for quality auditors includes a wide range of experience levels and knowledge of the sector. The Bill will allow the Commissioner to place conditions on the approval of quality auditors and makes explicit the Commissioner's power to vary or revoke their approval. In line with best administrative practice, these decisions will be reviewable decisions.
This will ensure the efficient operation of the auditor market and that approved quality auditors are suitable to assess the NDIS providers that engage them.
Finally, the Bill makes a range of technical changes to support the effective operation of the NDIS Commission in relation to its powers. These include:
In summary, the Bill will strengthen the protections for NDIS participants, including those who are at greater risk of harm, and will strengthen the operational effectiveness of the NDIS Commission.
The Government will continue to remember the tragic circumstance of each NDIS participant who has suffered abuse, neglect and exploitation and take action to ensure the safety of participants at risk of harm. The Government is committed to ensuring the NDIS quality and safeguards arrangements are efficient and effective and the NDIS Commission has the legislative powers it needs to operate as a responsive regulator. The measures in this Bill are an essential part of this commitment and will better protect NDIS participants from harm, as well as support them in accessing quality and safe services under the NDIS.
I commend this Bill to the House.
Foreign Intelligence Legislation Amendment Bill 2021
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Introduction
The Government is committed to ensuring our national security agencies have the powers they need to combat threats to national security. The Foreign Intelligence Legislation Amendment Bill 2021 gives effect to this commitment.
The Bill amends the Telecommunications (Interception and Access) Act 1979 (TIA Act) andAustralian Security Intelligence Organisation Act 1979 (ASIO Act) to address two critical gaps in the foreign intelligence collection framework.
Intercepting a communication for foreign intelligence purposes
The first reform is a necessary update in light of the modern communications environment.
Currently, intelligence agencies cannot intercept communications where there is even the smallest risk of incidentally collecting a domestic communication. This is a considerable constraint on the collection of foreign intelligence. There is a real risk that intelligence agencies are missing critical foreign intelligence. This could result in serious threats to Australians being missed.
The amendments in the Bill will allow the Australian Security Intelligence Organisation (ASIO) — for the purpose of obtaining foreign intelligence from foreign communications — to obtain a warrant that authorises the collection of a communication which may not have a clear geographic location.
The amendments will restore the foreign communications warrant to its original intended function. Australia will have greater visibility of foreign threats; such as malicious cyber activity targeting Australian interests, terrorist communications, and indications of foreign interference. These amendments will also bring Australia's foreign intelligence framework in line with the legislative frameworks of our Five Eyes partners, which do not contain the same legislative constraints.
These reforms will be accompanied by robust safeguards to ensure the privacy of domestic communications. The Attorney-General must put in place a mandatory written procedure for screening communications in order to identify domestic communications incidentally collected. Importantly, the warrants are only for the purpose of foreign intelligence. Intelligence agencies will not be able to deliberately target domestic communications. If any domestic communications are identified, they must be destroyed.
The existing thresholds and stringent safeguards that apply to the foreign communications warrant will also continue to apply, including robust oversight by the Inspector-General of Intelligence and Security.
Obtaining intelligence on an Australian person acting for, or on behalf of, a foreign power
The second set of reforms will address a legal gap where foreign intelligence can be collected on an Australian working for a foreign power offshore, but that same intelligence cannot be collected on that Australian in Australia.
Currently, this means that if an intelligence agency is collecting intelligence on an Australian working overseas for a foreign intelligence service, and the person returns to Australia, the intelligence agency must immediately cease its activities. These reforms will enable intelligence agencies to continue collecting that vital intelligence.
The Comprehensive Review of the Legal Framework of the National Intelligence Community led by Dennis Richardson AC recommended that the Government close this gap.
The gap costs the Government valuable foreign intelligence that has a direct bearing on Australia's national security, foreign relations and national economic well-being.
Robust safeguards will apply to these reforms to protect everyday Australians.
The Director-General of Security must provide details about the grounds on which a person is suspected to be acting for, or on behalf of, a foreign power.
Before issuing the warrant, the Attorney-General must also be satisfied that the person is, or is reasonably suspected by the Director-General of Security of acting for, or on behalf of, a foreign power.
The law will continue to prevent the request of a foreign intelligence warrant on Australian persons who are not acting for, or on behalf of, a foreign power.
All existing thresholds and stringent safeguards that apply to Australia's foreign intelligence warrants will also continue to apply, including robust oversight by the Inspector-General of Intelligence and Security.
Following review by the Parliamentary Joint Committee on Intelligence and Security, the Government introduced two amendments to the Bill to enhance the Committee's oversight over the powers contained in the Bill. These amendments were agreed to by the House of Representatives.
Closing remarks
I would like to take this moment to reaffirm the vital importance of adequately equipping our intelligence agencies to combat security threats to Australia and Australians. This Bill will ensure that intelligence agencies have the tools needed to deal with current and emerging threats.
It is vital these amendments are made urgently. Each day these amendments are not in place risks our agencies missing critical foreign intelligence about threats to Australia and Australians.
The Bill demonstrates the Government's unwavering commitment to ensuring Australia's national security framework is, and continues to be, as robust and responsive as possible.
I commend the Bill.
screen for domestic communications that may have been intercepted
destroy all records of any domestic communication so identified (unless the communication relates, or appears to relate, to activities that present a significant risk to a person's life), and
notify the Inspector-General of Intelligence and Security (IGIS) of any identified domestic communication that relates, or appears to relate, to activities that present a significant risk to a person's life …
An Australian serving the interests of a foreign government, for example, remains an agent of a foreign power whether they are onshore or offshore.
Australian Organ and Tissue Donation and Transplantation Authority Amendment (Governance and Other Measures) Bill 2021
That this bill be now read a third time.
Customs Amendment (2022 Harmonized System Changes) Bill 2021
Customs Tariff Amendment (2022 Harmonized System Changes) Bill 2021
That these bills be now read a third time.
Foreign Intelligence Legislation Amendment Bill 2021
Schedule 1 is designed to restore the foreign communications warrant to its original scope and function. The removal of the strict prohibition is accompanied by robust safeguards to protect domestic communications in the same way the original prohibition intended.
Schedule 2 of the Bill enables the Attorney‑General to issue foreign intelligence warrants to collect foreign intelligence on Australians in Australia who are acting for, or on behalf of, a foreign power. Currently, requesting a warrant for the purpose of collecting information concerning an Australian citizen or permanent resident is prohibited …
… the Attorney-General must not issue the warrant unless the Attorney-General is satisfied that the person is, or is reasonably suspected by the Director-General of, acting for, or on behalf of, a foreign power.
I am satisfied that Australia has a need to collect foreign intelligence which relates to its national security and its other national interests. Considerations of the national interest, national independence, costs, and practical difficulties have led me to conclude that it would be highly advantageous for Australia to be able to collect foreign intelligence within its own territory where this is possible.
Less than 200 years ago the white man came … my people were shot, poisoned, hanged and broken in spirit until they became refugees in their own land. But that is history and we take care now of the present while … we look to the future.
This bill was introduced this morning. It has just gone through the House this evening. Members of the crossbench were not given any briefing on this bill. We did not get an explanatory memorandum. I note that the minister has just tabled one. I just want to put on Hansard that we've had no opportunity to consider this. Clearly, the opposition has. This is an urgent bill, according to the speeches that I've just heard, late into the evening, just now, and I want to make it very clear that, as a member of this parliament, I've had no opportunity to consider it at all.
I'm dramatically more positive about the ability of the department to deal with these things today, than I would have been at the same time last year.
There must be a real chance, a sensible possibility, that if the Commonwealth had done a better job on the Ruby Princess, that the state officers may not have made the mistakes they did.
That the Senate take note of the answers given by the Minister for Senior Australians and Aged Care Services (Senator Colbeck), the Minister for Government Services (Senator Reynolds) and the Leader of the Government in the Senate (Senator Birmingham) to questions without notice asked by Senators McAllister, O'Neill, Pratt and Watt today relating to the COVID-19 pandemic.
That the Senate take note of the answer given by the Minister for International Development and the Pacific (Senator Seselja) to a question without notice asked by Senator Hanson-Young today relating to climate change.
Foreign Intelligence Legislation Amendment Bill 2021
(a ) a foreign government;
(b) an entity that is directed or controlled by a foreign government or governments; or
(c) a foreign political organisation.
The Senate divided. [16:34]
(The President—Senator Ryan)
(1) Page 11 (after line 14), at the end of the Bill, add:
Schedule 4 — Oversight of intelligence agencies
Intelligence Services Act 2001
1 Paragraph 29(1)(a)
After "to review the", insert "activities,".
2 Subsection 29(3)
Repeal the subsection, substitute:
(3) The functions of the Committee do not include:
(a) reviewing information provided by, or by an agency of, a foreign government where that government does not consent to the disclosure of the information; or
(b) conducting inquiries into individual complaints about the activities of ASIO, ASIS, AGO, DIO, ASD, ONI, AFP or the Immigration and Border Protection Department.
3 After section 29
Insert:
29A Ceasing or suspending review of agency activities
(1) If:
(a) the Committee undertakes a review under section 29 of an activity by ASIO, ASIS, AGO, DIO, ASD or ONI; and
(b) the relevant responsible Minister is of the opinion that:
(i) the activity is an ongoing operation; and
(ii) the review would interfere with the proper performance by the relevant body of its functions or otherwise prejudice Australia's national security or the conduct of Australia's foreign relations;
the Minister may give to the Committee a certificate in relation to the matter stating the Minister's opinion and the reasons for it.
(2) A decision of the Minister under subsection (1) must not be questioned in any court or tribunal.
(3) Where the Minister gives a certificate under subsection (1) in relation to a review, the Committee must cease or suspend the review.
(4) If the Minister:
(a) becomes aware that the activity is no longer ongoing; or
(b) is no longer of the opinion that the review would interfere with the proper performance by the relevant body of its functions or otherwise prejudice Australia's national security or the conduct of Australia's foreign relations;
the Minister must, within 28 days after becoming aware of the fact or forming the view:
(c) revoke the certificate; and
(d) inform the Committee in writing.
(5) If the Minister revokes a certificate in accordance with subsection (4), the Committee may proceed with the review, or commence a new review into the activity.
That the documents be listed on the Notice Paper for consideration.
That the document be listed on the Notice Paper for consideration.
That the documents be listed on the Notice Paper for consideration.