The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 10:00, made an acknowledgement of country and read prayers.
Appropriation Bill (No. 1) 2022-2023
Appropriation Bill (No. 2) 2022-2023
Appropriation (Parliamentary Departments) Bill (No. 1) 2022-2023
I'll say this very clearly. They—
will be better off under a Labor government than they will be under a Morrison government …
It will see electricity prices fall from the current level by $275 for households—
(1) Page 6 (after line 30), at the end of Part 2, add:
11A Middle Arm Sustainable Development Precinct in the Northern Territory
No amount appropriated by this Act is to be spent on equity investment for the development of the Middle Arm Sustainable Development Precinct in the Northern Territory, including common use marine infrastructure and regional logistic hubs, as described on page 163 of Budget Paper No. 2 2022-23, which was tabled in both Houses of the Parliament on 25 October 2022.
The committee divided. [10:32]
(The Chair—Senator McLachlan)
That the bills be now read a third time.
Australian Crime Commission Amendment (Special Operations and Special Investigations) Bill 2022
The Bill makes clearer the process for the Board to make and frame determinations to undertake a special ACIC operation or special ACIC investigation. It does this by reducing the multi-layered definitions that exist in the ACC Act, simplifying the determination drafting process and making the determinations easier to understand. The amendments ensure that the Board can continue to make the necessary determinations to authorise special ACIC operations and special ACIC investigations to occur .
That this bill be now read a third time.
Privacy Legislation Amendment (Enforcement and Other Measures) Bill 2022
At the end of the motion, add ", and the Senate calls on the Government to introduce a bill into the Parliament to insert a statutory civil cause of action for serious invasion of privacy in the Privacy Act 1988 , modelled on the Australian Law Reform Commission's 2014 report entitledSerious Invasions of Privacy in the Digital Era ".
At the end of the motion, add ", but the Senate calls on the Government:
(a) to clarify key definitions in the bill, in particular the meaning of 'serious' and 'repeated' in relation to breaches under the Act;
(b) to develop a tiered penalty regime that could take into account less severe breaches, and that seeks to differentiate between companies that have acted with malice and those that have taken all reasonable steps but have fallen victim to a cyber attack;
(c) to direct the Office of the Australian Information Commissioner to issue guidance material that addresses the application of penalties, and clarifies best practice for compliance with the regime; and
(d) to consider the adequacy of current resourcing and staffing levels for the Office of the Australian Information Commissioner and the Australian Cyber Security Centre for each to perform their functions, and to address all of the concerns raised by the former government in the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021".
The Senate divided. [11:38]
(The Acting Deputy President—Senator McGrath)
At the end of the motion, add ", but the Senate calls on the Government:
(a) to clarify key definitions in the bill, in particular the meaning of 'serious' and 'repeated' in relation to breaches under the Act;
(b) to develop a tiered penalty regime that could take into account less severe breaches, and that seeks to differentiate between companies that have acted with malice and those that have taken all reasonable steps but have fallen victim to a cyber attack;
(c) to direct the Office of the Australian Information Commissioner to issue guidance material that addresses the application of penalties, and clarifies best practice for compliance with the regime; and
(d) to consider the adequacy of current resourcing and staffing levels for the Office of the Australian Information Commissioner and the Australian Cyber Security Centre for each to perform their functions, and to address all of the concerns raised by the former government in the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021".
The Senate divided. [11:45]
(The President—Senator Lines)
(1) Schedule 1, item 14, page 5 (before line 17), before subsection 13G(2), insert:
(1A) Subsection (1) is a civil penalty provision.
Note: Section 80U deals with civil penalty provisions in this Act.
(1) Schedule 1, page 5 (after line 10), after item 11, insert:
11A At the end of Division 1 of Part III
Add:
13GA Other interferences with privacy
An entity contravenes this subsection if the entity does an act, or engages in a practice, that is an interference with the privacy of one or more individuals.
Civil penalty: 2,000 penalty units
(2) Schedule 1, item 45, page 18 (after line 6), after subitem (3), insert:
(3A) Section 13GA of the Privacy Act 1988 , as added by this Schedule, does not apply in relation to an act done, or a practice engaged in, before the commencement of this item.
The committee divided. [12:09]
(The Temporary Chair—Senator McLachlan)
That this bill be now read a third time.
Treasury Laws Amendment (2022 Measures No. 2) Bill 2022
These contributions, known as "downsizer contributions", present an opportunity to top up your super even if you're otherwise unable to contribute … due to your age, work status or the amount you've got in super.
But don't let the name fool you.
To make a downsizer contribution you could be selling your home to buy a bigger one—if in fact you buy another place at all. You could be moving into your investment property, holiday home or even into aged care. You don't even have to sell the place you're living in—you could be selling another property that was once the family home.
To make a downsizer contribution you don't have to even buy another place.
While the downsizer contribution has broad application, people likely to benefit most will be self-funded retirees who have a level of income and assets that precludes them receiving any means-tested social security …
(1) Clause 2, page 2 (table item 4), omit the table item.
(2) Schedule 5, page 18 (lines 1 to 9), to be opposed.
That this bill be now read a third time.
Treasury Laws Amendment (2022 Measures No. 3) Bill 2022
Foreign Acquisitions and Takeovers Fees Imposition Amendment Bill 2022
Income Tax Amendment (Labour Mobility Program) Bill 2022
Consideration resumed of the motion:
That these bills be now read a second time.
(1) Clause 2, page 2 (table item 5), omit the table item.
(2) Schedule 5, page 14 (line 1) to page 19 (line 14), to be opposed.
(1) Clause 2, page 2 (at the end of the table), add:
(2) Page 19 (after line 14), at the end of the Bill, add:
Schedule 6 — Annual members' meetings
Superannuation Industry (Supervision) Act 1993
1 Paragraph 29P(3)(b)
After "the notice", insert "the information required by section 29PAA and".
2 Paragraphs 29P(3)(c) and (d)
Before "give the notice", insert "subject to section 29PAB,".
3 After section 29P
Insert:
29PAA Information to be included with notice
(1) If, under section 29P, the RSE licensee of a registrable superannuation entity is required to give notice of an annual members' meeting for a year of income of the entity to a member of the entity, the following information must be included with the notice:
(a) a short-form summary containing the information set out in subsection (2), which must:
(i) fit on a single page and be the only information on that page; and
(ii) be the first page of the pages of information referred to in this section;
(b) a copy of each of the following:
(i) a summary of each significant event or material change notice (if any) given under section 1017B of the C orporations Act 2001 by a trustee of the entity to a member of the entity during the 2 year period finishing at the end of the year of income;
(ii) the remuneration details that, at the time the notice is given, are required to be made publicly available under subsection 29QB(1) of this Act in relation to the entity;
(iii) if the trustee or trustees of the entity produce an annual report for the entity for the year of income—that report;
(c) if a determination made under paragraph 52(9)(a) of this Act in relation to the entity is publicly available at the time the notice is given, or must be made publicly available before the meeting is held—a copy of the determination;
(d) a copy of each of the following:
(i) the most recent periodic statement (if any) given to the member under section 1017D of the Corporations Act 2001 ;
(ii) the most recent information (if any)given to the member under paragraph 1017DA(1)(a) of the Corporations Act 2001 ;
(e) for each contract (if any) under which one or more payments were made, by or on behalf of the entity during the year of income, where a purpose of each payment was promoting the entity, promoting a particular view on behalf of the entity or sponsorship on behalf of the entity:
(i) the sum of all such payments that have been or are to be made under the contract during any year of income;
(ii) the name of each entity to whom such payments have been or are to be made under the contract during any year of income and, for each such entity, the sum of all such payments that have been or are to be made to the entity under the contract during any year of income;
(iii) the term of the contract;
(f) if any gifts (within the meaning of Part XX of the Commonwealth Electoral Act 1918 ) were made, by or on behalf of the entity during the year of income, to another entity who, at the time of receiving the gift:
(i) was a political entity (within the meaning of that Act); or
(ii) was, or was required by that Part of that Act to be, a significant third party (within the meaning of that Part); or
(iii) was, or was required by that Part of that Act to be, an associated entity (within the meaning of that Part);
an itemised list showing each such gift and the name of the entity to whom each gift was made;
(g) if any payments were made, by or on behalf of the entity during the year of income, to another entity who, at the time of receiving the payment, was an organisation (within the meaning of the Fair Work (Registered Organisations) Act 2009 )—an itemised list showing each such payment and the name of the entity to whom each payment was made;
(h) if any payments were made, by the entity (the main entity ) during the year of income, to any of the following:
(i) a connected entity of the RSE licensee of the main entity;
(ii) an associated entity of another entity (the third party ) if the third party is a connected entity of the RSE licensee of the main entity;
(iii) an entity over whom the RSE licensee of the main entity has significant influence;
(iv) an entity who has significant influence over the RSE licensee of the main entity;
(v) an entity whose key management personnel include the RSE licensee, or an executive officer of the RSE licensee, of the main entity;
(vi) an associated entity of another entity (the third party ), if the RSE licensee, or an executive officer of the RSE licensee, of the main entity is a member of the key management personnel of the third party;
an itemised list showing each such payment and the name of the entity to whom each payment was made.
Note 1: Information mentioned in subparagraphs (b)(i), (ii) and (iii) must be made publicly available on the entity's website (see subsection 29QB(1)).
Note 2: The determination mentioned in paragraph (c) is to be made publicly available on the entity's website within 28 days after the determination is made (see paragraphs 52(9)(b) and (c)).
(2) The short-form summary referred to in paragraph (1)(a) must set out the following:
(a) the sum of the remuneration referred to in subparagraph (1)(b)(ii), which is to be described as the aggregate remuneration expenditure relating to the entity for the year of income;
(b) the sum of the payments referred to in paragraph (1)(e) that were made during the year of income (under all contracts referred to in that paragraph), which is to be described as the aggregate promotion, marketing or sponsorship expenditure relating to the entity for the year of income;
(c) the sum of the payments referred to in paragraph (1)(f), which is to be described as the aggregate political donations relating to the entity for the year of income;
(d) the sum of the payments referred to in paragraph (1)(g), which is to be described as the aggregate industrial body payments relating to the entity for the year of income;
(e) the sum of the payments referred to in paragraph (1)(h), which is to be described as the aggregate related party payments relating to the entity for the year of income.
(3) Despite subsection (1), if any information (the extra information ) referred to in paragraph (1)(b) to (h) required to be given to a member of the entity:
(a) is accessible by the member (including by being publicly available) at the time the notice of the annual members' meeting is given; or
(b) must be made so accessible before the meeting is held;
it is sufficient for the purposes of that paragraph if the information included with the notice includes details of how to access that extra information.
Note: The short-form summary referred to in paragraph (1)(a) must still be included.
(4) In this section:
associated entity has the same meaning as in theCorporations Act 2001 .
contract includes a deed.
key management personnel has the same meaning as in theCorporations Act 2001 .
29PAB How notice is to be given to members
If, under section 29P, the RSE licensee of a registrable superannuation entity is required to give notice of an annual members' meeting to the members of the entity, the RSE licensee must give the notice by:
(a) making the notice of the meetingpublicly available on the entity's website; and
(b) ensuring that the notice is readily accessible from the website at least 30 days before the meeting.
4 Application of amendments
The amendments made by this Schedule apply in relation to a notice of an annual members' meeting for a year of income for a registrable superannuation entity if:
(a) the notice is given on or after the commencement of this item; and
(b) the year of income ends on or after 30 June 2022.
The committee divided. [13:23]
(The Chair—Senator McLachlan)
That these bills be now read a third time.
National Anti-Corruption Commission Bill 2022
National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022
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.
National Anti-Corruption Commission Bill 2022
Ahead of the election on 21 May the Australian Labor Party pledged that if the Australian people gave us the honour of governing this nation, we would repay their trust by returning integrity, honesty and accountability to government.
Labor told Australians that if we were elected we would legislate a National Anti-Corruption Commission this year.
This Government is honouring that commitment.
Today I introduce legislation to establish a powerful, transparent and independent National Anti-Corruption Commission.
This Government takes its commitments seriously.
And we are serious about restoring trust and integrity to government.
This legislation delivers the single biggest integrity reform this parliament has seen in decades.
It honours our commitment to Australians in both form and substance.
The design principles we announced before the election are the design principles of the bill before the Senate.
These design principles were developed with some of Australia's leading integrity advocates.
They were endorsed by the Australian people at the election.
The Government is also pleased they have been endorsed by many crossbench members in the other place and in the Senate.
The Government thanks the Joint Select Committee on National Anti-Corruption Commission legislation for its consideration of the Bill. The Government supports all six of the Committee's recommendations to amend the Bill and so moved amendments to implement them. The other place has passed the Bill with those amendments.
The National Anti-Corruption Commission
The National Anti-Corruption Commission will operate independently of government and have broad jurisdiction to investigate serious or systemic corrupt conduct across the Commonwealth public sector.
It will have the power to investigate ministers, parliamentarians and their staff, statutory officer holders, employees of all government entities, and contractors.
It will have discretion to commence inquiries on its own initiative or in response to referrals from anyone, including members of the public and whistleblowers. Referrals can be anonymous.
It will be able to investigate both criminal and non-criminal corrupt conduct, and conduct occurring before or after its establishment.
It will have the power to hold public hearings.
It will also have a mandate to prevent corruption and educate Australians about corruption.
A Parliamentary Joint Committee will oversee the Commission and will be empowered to require the Commission to provide information about its performance.
Broader integrity reforms
The Commission will form part of Australia's broader integrity framework.
The Albanese Government is committed to strengthening this framework to improve standards of integrity across the public sector.
We have established robust codes of conduct for ministers and ministerial staff and we are working across the Parliament to implement the Set the Standard Report from Sex Discrimination Commissioner Kate Jenkins.
We are committed to enhancing transparency and integrity of political donations.
We are also committed to ensuring that Australia has effective protections for whistleblowers. The Attorney-General will be introducing a Bill into Parliament before the end of this year which will make priority amendments to the Public Interest Disclosure Act 2013 (PID Act). These amendments deliver on the Government's election commitment to implement key recommendations of the 2016 review of the PID Act by Mr Philip Moss AM and other parliamentary committee reports and will ensure immediate improvements are made to the public sector whistleblower scheme before the Commission commences operation.
The Attorney-General is also working with the Minister for Finance to ensure Commonwealth agencies take measures to prevent, detect and deal with corruption by creating new requirements in the Public Governance, Performance and Accountability Rule.
The Bill
The National Anti-Corruption Commission aims to eliminate corruption in the federal public sphere, and restore trust and transparency in our democratic institutions.
The Commission will be able to investigate serious or systemic corrupt conduct affecting any part of the federal public sector.
The definition of corrupt conduct is central to the Commission's jurisdiction. It is consistent with key elements of existing definitions at the state and territory level and in the Commonwealth Law Enforcement Integrity Commissioner Act 2006 .
It encompasses conduct by a public official that involves an abuse of office, breach of public trust or misuse of information.
It also includes conduct by any person that could adversely affect the honest or impartial exercise of a Commonwealth public official's functions.
Other conduct that could adversely affect public administration, such as external fraud, will continue to be dealt with by existing integrity agencies.
This will ensure the Commission is not diverted from its core purpose of tackling serious or systemic corruption.
There are well-established and effective arrangements for dealing with fraud and other crimes that affect Commonwealth interests.
For example, in the last three years, the AFP's dedicated Fraud Command has undertaken 261 investigations into serious or complex frauds, and the Commonwealth Director of Public Prosecutions has prosecuted over 1400 fraud matters referred by the AFP and 30 other agencies in the same period.
The Commission will be the lead Commonwealth agency for the investigation of serious or systemic corruption, and will work in partnership with other agencies that form part of the Commonwealth's broader integrity framework, including the Australian Federal Police and the Australian Public Service Commission.
The Commission will have the power to refer corruption issues to other Commonwealth, state and territory agencies for their consideration—for example, where an issue involves broader criminality or official misconduct that falls within the jurisdiction of another independent agency.
The Commission's powers and thresholds for using them
The Commission will have a full suite of powers similar to those of a Royal Commission.
It will be able to use its powers to undertake an investigation into a corruption issue if the Commissioner is of the opinion that it could involve serious or systemic corrupt conduct.
Importantly, the Commission will be able to undertake preliminary inquiries using powers to compel the production of information.
This will enable the Commission to determine whether an allegation could be serious or systemic.
The Commission will be able to hold public hearings in exceptional circumstances and if satisfied it is in the public interest to do so. The default position is that hearings will be held in private.
The legislation provides guidance to the Commission on factors that may be relevant to determining the public interest in holding a public hearing.
These factors include any unfair prejudice to a person's reputation, privacy, safety or wellbeing if the hearing were to be held in public.
These factors also include the benefit of making the public aware of corrupt conduct.
Reporting
At the end of an investigation, the Commission will be required to produce a report containing findings and recommendations.
It will be able to make findings of corrupt conduct, but not of criminal guilt as this is a matter for a court to determine.
Where a public hearing has been held, a report will be tabled in Parliament. Other reports will be published by the Commissioner where that is in the public interest.
Prevention and educat ion functions
The legislation gives the Commission the function of providing education and information about corrupt conduct and preventing that conduct.
The Commission will provide guidance and information to support the public sector to understand the concept of corrupt conduct, and to identify and address vulnerabilities to corruption.
This work will be informed by the insights the Commission draws from its investigations and the intelligence it collects about corruption.
The Commission will also engage in broader public education about its role, corruption risks, and avenues to report corrupt conduct.
The Commission's independence
The independence of the Commission will be secured in a number of ways.
The Commission will be able to conduct investigations on its own initiative or in response to referrals or allegations from any source.
Agency heads will be required to report any corruption issue in their agency to the Commission if they suspect it could be serious or systemic.
The appointment of the Commissioner, Deputy Commissioners and the Inspector will be subject to approval by the Parliamentary Joint Committee. The appointees will have limited terms and security of tenure comparable to a federal judge.
Oversight of the Commission
The Commission will be overseen by a Parliamentary Joint Committee, and an Inspector.
The Parliamentary Joint Committee will be multi-partisan; comprising 12 members—3 government, 2 opposition and 1 crossbench member from each chamber.
The Committee will be responsible for approving the appointments of the Commissioner, the Deputy Commissioners and the Inspector.
The Committee will be able to review and report to both Houses of Parliament on the sufficiency of the Commission's budget. The Committee will also be able to review the Commission's performance and its annual reports.
The Inspector will deal with any corruption issues arising in the Commission, complaints about the Commission, and will review and determine the extent of compliance with the law by the Commission when exercising the power to issue a summons or arrest warrant.
Protections and safeguards
The legislation also ensures that there are appropriate safeguards against undue reputational damage, and provides protections for whistleblowers and journalists.
Reputational safeguards
There will be an express ability for the Commissioner to make public statements at any time to avoid damage to a person's reputation.
The Commission will be able to clarify the capacity in which a witness is appearing at a public hearing.
Reports on investigations will include statements that a person has not engaged in corrupt conduct or is not the subject of any findings, where that is appropriate to avoid damage to the person's reputation.
The Commission must afford procedural fairness to individuals or agencies who are the subject of any adverse findings it proposes to include in a report by providing them a reasonable opportunity to respond.
Whistleblower protections
The legislation provides strong protections for whistleblowers against adverse consequences, including criminal offences and immunities.
Public officials making disclosures to the Commission will also be protected under the Public Interest Disclosure Act 2013 (PID Act).
The Attorney-General will be introducing a Bill into Parliament before the end of this year improve whistleblower protections, with the aim of having these reforms in place when the Commission commences operation.
Protections for journalists
The protections for journalists include an exemption from answering questions or providing information that would enable the identity of a source to be ascertained.
Political parties and parliamentarians
Political parties and activities are an important part of our democracy, and this legislation recognises existing rules for political and parliamentary activities.
The legislation makes it clear that the use of public resources to conduct parliamentary business in accordance with the Parliamentary Business Resources Act 2017 or theMembers of Parliament (Staff) Act 1984 is not within the Commission's jurisdiction.
It also confirms that political activities that do not involve or affect the exercise of powers or functions by a public official, or the use of public resources, cannot constitute corrupt conduct.
The Commission will only be able to investigate a matter that falls within the jurisdiction of the Independent Parliamentary Expenses Authority (IPEA) or the Australian Electoral Commission (AEC) if IPEA or the AEC refer the matter to the Commission.
Before referring the matter, those authorities would need to form a view that the information raises a corruption issue that could be serious or systemic.
The legislation also expressly preserves parliamentary privilege by providing that it does not affect the powers, privileges or immunities of each House of the Parliament.
Funding
The Albanese Government has committed substantial funding of $262 million over four years for the establishment and ongoing operation of the Commission.
This funding will ensure the Commission has the staff, capabilities and capacity to triage referrals and allegations it receives, conduct timely investigations, and undertake corruption prevention and education activities.
Conclusion
In conclusion, I would like to acknowledge, on behalf of the Government, the constructive engagement on this Bill from my Cabinet and Caucus colleagues, the Opposition, members of the crossbench in the other place and the Senate; and also acknowledge the efforts of those in the other place who kept up the pressure in the last Parliament, especially the Member for Indi.
With this Bill, the Albanese Government is fulfilling its election commitment to establish a powerful, transparent and independent National Anti-Corruption Commission. In doing so, we have the support of the Australian people. We look forward to the support of this Parliament.
National Anti-Corruption Commission (Consequential and Transitional Pr ovisions) Bill 2022
The National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill makes consequential amendments to the Commonwealth statute book to support the establishment of the National Anti-Corruption Commission (the Commission).
This Bill ensures the Commission has key investigative powers, such as the ability to obtain warrants to use surveillance devices and intercept telecommunications when investigating criminal corrupt conduct, consistent with current arrangements for the Australian Commission for Law Enforcement Integrity.
The Government moved amendments in the other place to provide that the Commission's warrants and orders under the Surveillance Devices Act 2004 andTelecommunications (Interception and Access) Act 1979 will be issued by superior court judges. The other place has passed the Bill with those amendments.
The Bill also ensures information can be shared with and by the Commission under other Acts for the purposes of carrying out its functions.
The Bill repeals the Law Enforcement Integrity Commissioner Act 2006 , and provides transitional arrangements for the continuation of investigations and inquiries being conducted by the Australian Commission for Law Enforcement Integrity following the establishment of the Commission.
The Commission will be able to complete those investigations or inquiries either under the Law Enforcement Integrity Commissioner Act 2006 , or under the National Anti-Corruption Commission Bill if they could involve corrupt conduct that is serious or systemic.
Finally, this Bill gives the Commission and certain State anti-corruption and investigative commissions access to the industry assistance framework under Part 15 of the Telecommunications Act 1997 .
The ability to obtain technical assistance from communications industry participants will support those agencies' exercise of investigative powers to investigate serious, criminal corrupt conduct.
Ensure that factual material in news reports and elsewhere is accurate and not misleading, and is distinguishable from other material such as opinion.
That the Senate take note of answers given by the Minister for Finance (Senator Gallagher) to questions without notice from Senators McDonald and Ruston.
That the Senate take note of the answer given by the Minister representing the Minister for Climate Change and Energy (Senator Wong) to a question without notice asked by Senator Hanson today relating to renewable energy.
That the Senate take note of the answer given by the Minister representing the Treasurer (Senator Gallagher) to a question without notice asked by Senator McDonald today relating to taxation.
That the Senate take note of the answer given by the Minister representing the Minister for Health and Aged Care (Senator Gallagher) to a question without notice asked by Senator Ruston today relating to the Distribution Priority Area classification scheme for GPs.
This will absolutely lead to an immediate migration of doctors out of the rural and remote areas … closer to big cities … as a direct result of this.
That the Senate take note of the answers given by the Minister for Agriculture, Fisheries and Forestry and Minister for Emergency Management (Senator Watt) representing the Minister for Communications to questions without notice I asked today relating to media ownership.
That leave of absence be granted to Senators McCarthy and O'Neill for today, for personal reasons.
That leave of absence be granted to Senators Hughes and Molan from 28 November to 2 December, for personal reasons; Senators Birmingham and Dean Smith for 2 December, for personal reasons.
That the following matter be referred to the Environment and Communications References Committee for inquiry and report by 1 December 2023:
The impact of high-voltage electricity transmission infrastructure on agricultural and environmental land, with particular reference to:
a) the effects of using overhead and underground transmission infrastructure on agricultural and environmental assets and the communities they support;
b) the Commonwealth's role in the development of transmission infrastructure;
c) opportunities for the Commonwealth to engage and work constructively with states and territories, private enterprise, and local communities and other stakeholders in order to reduce the potential for transmission infrastructure to negatively impact agricultural and environmental assets ; and
d) any other related matters.
The Senate divided. [15:39]
(The Deputy President—Senator McLachlan)
That the following matter be referred to the Education and Employment References Committee for inquiry and report by the first sitting day in July 2023:
The issue of increasing disruption in Australian school classrooms, which is disadvantaging students and contributing to poor literacy and numeracy results for young people, denying them the learning of essential foundational skills to reach their full educational, economic and social potential, with specific reference to:
(a) the declining ranking of Australia in the Organisation for Economic Co-operation and Development (OECD) disciplinary climate index, making Australian classrooms amongst the world's most disorderly;
(b) the impacts, demands and experience of disorderly classrooms on teacher safety, work satisfaction and workforce retention;
(c) teachers' views on whether or not they are sufficiently empowered and equipped to maintain order in the classroom and what can be done to assist them;
(d) the robustness, quality and extent of initial teacher education to equip teachers with skills and strategies to manage classrooms;
(e) the loss of instructional teacher time because of disorder and distraction in Australian school classrooms;
(f) the impact of disorderly, poorly disciplined classroom environments and school practices on students' learning, compared with their peers in more disciplined classrooms;
(g) the stagnant and declining results across fundamental disciplines as tested through National Assessment Program—Literacy and Numeracy (NAPLAN) attributing to poorer school-leaving results and post-school attainment;
(h) how relevant Australian state, territory and federal departments and agencies are working to address this growing challenge;
(i) how leading OECD countries with the highest disciplinary climate index rankings are delivering orderly classrooms to provide strategies on how to reduce distraction and disorder in Australian classrooms; and
(j) any related matter.
The Senate divided. [15:47]
(The Deputy President—Senator McLachlan)
That there be laid on the table by the Minister representing the Minister for Education, by no later than 2 pm on 29 November 2022, modelling and analysis that was conducted by the Department of the Treasury into the potential economic impact and increase in workforce participation resulting from the Family Assistance Legislation Amendment (Cheaper Child Care) Bill 2022 (as discussed by Department of the Treasury officials on 2 November 2022 at a public hearing of the Education and Employment Legislation Committee).
The Senate divided. [15:56]
(The Deputy President—Senator McLachlan)
Family Assistance Legislation Amendment (Cheaper Child Care) Bill 2022
That there be laid on the table by the Minister representing the Minister for Education, by no later than 2 pm on 29 November 2022, legal advice that was provided to the Government regarding the requirement in the Family Assistance Legislation Amendment (Cheaper Child Care) Bill 2022 for early childhood education and care providers to collect gap fees via electronic funds transfer, particularly as this relates to the restriction of the use of legal tender and coinage (as mentioned by Senator Chisholm in the Senate on 21 November 2022).
The Senate divided. [16:01]
(The Deputy President—Senator McLachlan)
GENERAL BUSINESS NOTICE OF MOTION NO. 98
That the Senate—
(a) notes that:
(i) order for production of documents no. 62 (the order) agreed by the Senate on 26 October 2022, required the Minister representing the Minister for Climate Change and Energy to table the following:
(A) any briefing notes, file notes and emails between the Minister and/or their office, and the Department of Climate Change, Energy, the Environment and Water (the Department) regarding the Global Methane Pledge that was committed to on 23 October 2022 (the GMP),
(B) any briefing notes, file notes and emails internally within the Department regarding the GMP,
(C) any briefing notes, file notes and emails between the Minister and/or their office, and the Minister for the Environment and Water and/or their office, regarding the GMP,
(D) any briefing notes, file notes and emails between the Minister and/or their office, and the Foreign Minister and/or their office, regarding the GMP,
(E) any briefing notes, file notes and emails between the Minister and/or their office, and the Prime Minister and/or their office, regarding the GMP,
(F) any modelling conducted by the Department regarding the impact of the GMP,
(G) any briefing notes, minutes, file notes and emails regarding meetings conducted between the Department and stakeholders with reference to the GMP,
(H) any briefing notes, minutes, file notes and emails regarding meetings conducted between the Minister and/or their office and stakeholders with reference to the GMP, and
(I) any briefing notes, minutes, files notes and emails between the Minister and/or their office and stakeholders with reference to the GMP,
(ii) the Assistant Minister for Climate Change and Energy, in their response on 3 November 2022, noted the scope of the request and requested further time, and
(iii) it has been 25 days since this response was provided; and
(b) requires the Minister representing the Minister for Climate Change and Energy to comply with the order by no later than midday on 1 December 2022.
GENERAL BUSINESS NOTICE OF MOTION NO. 99
That the Senate—
(a) notes that:
(i) order for production of documents no. 61 (the order) agreed by the Senate on 26 October 2022, required the Minister for Agriculture, Fisheries and Forestry to table the following:
(A) any briefing notes, file notes and emails between the Minister and/or their office, and the Department of Agriculture, Fisheries and Forestry (the Department) regarding the Global Methane Pledge that was committed to on 23 October 2022 (the GMP),
(B) any briefing notes, file notes and emails internally within the Department regarding the GMP,
(C) any briefing notes, file notes and emails between the Minister and/or their office, and the Minister for Climate Change and Energy and/or their office, regarding the GMP,
(D) any briefing notes, file notes and emails between the Minister and/or their office, and the Minister for the Environment and Water and/or their office, regarding the GMP,
(E) any briefing notes, file notes and emails between the Minister and/or their office, and the Foreign Minister and/or their office, regarding the GMP,
(F) any briefing notes, file notes and emails between the Minister and/or their office, and the Prime Minister and/or their office, regarding the GMP,
(G) any modelling conducted by the Department regarding the impact of the GMP,
(H) any briefing notes, minutes, file notes and emails regarding meetings conducted between the Department and stakeholders with reference to the GMP, and
(I) any briefing notes, minutes, file notes and emails regarding meetings conducted between the Minister and/or their office and stakeholders with reference to the GMP,
(ii) the Minister for Agriculture, Fisheries and Forestry, in their response on 3 November 2022, noted the scope of the request and requested further time, and
(iii) it has been 25 days since this response was provided; and
(b) requires the Minister for Agriculture, Fisheries and Forestry to comply with the order by no later than midday on 1 December 2022.
That there be laid on the table by the Minister representing the Treasurer, by no later than midday on Wednesday, 30 November 2022, any briefing notes, file notes, emails or other records of interaction between the Reserve Bank of Australia and:
(a) the Treasurer and/or his office;
(b) the Assistant Minister for Competition, Charities and Treasury and/or his office; or
(c) the Department of the Treasury since 30 May 2022;
in relation to changes and/or potential changes to the effigy of the Sovereign on Australian banknotes.
Pursuant to standing order 75, I propose the following matter of public importance be submitted to the Senate for discussion:
The Tasmanian State Government proposal for a $750 million stadium in Hobart should not go ahead. The money would be better spent on health and housing in Tasmania.
Pursuant to standing order 75, I propose the following matter of public importance be submitted to the Senate for discussion:
The failure of Assistant Treasurer Stephen Jones to appropriately consult with regard to the inclusion of civil penalties in the Financial Accountability Regime legislation, and his subsequent backflip under instruction from the Treasurer and Prime Minister, thereby creating significant uncertainty in the financial sector and again demonstrating that this Minister is incapable of measured policy development and administration.
Across an otherwise competent frontbench, the Albanese government's Assistant Treasurer Stephen Jones stands out like dog's balls.
In the six months since he took charge of the ministry, the Member for Whitlam has chewed up the furniture, rubbed his bum on the carpet and cocked his leg over his parliamentary colleagues, the financial sector and the voters of Australia.
Jones said there had been no final agreement on the Greens' amendments, and there was clearly plenty of stakeholder concern about civil penalties.
"We've asked them what it would take to get their support for that and other bills," he said. "There'd been no sign-off on anything."
"There was 100 per cent, categorically a deal. We looked each other in the eye and shook hands," he said.
"If the minister is saying there was no agreement he is not fit to be a minister. This is a disgraceful move to renege—
on our agreement."
That the Senate take note of the documents.
It seems like a media event in Canberra is more important than giving PKKP people the respect of asking us what can be done to try and stop something like the destruction of the Juukan rock shelters happening again …
We would have expected the minister would want to meet with us before making a public announcement about our country and cultural heritage.
… the importance of putting First Nations peoples at the heart of decision-making for issues that affect Aboriginal and Torres Strait Islander peoples.
These reforms are not about stopping development, or halting progress.
That senators be appointed to the Select Committee on Foreign Interference through Social Media as follows:
Appointed—
Senators Chandler and Paterson
Participating members: Senators Antic, Askew, Birmingham, Bragg, Brockman, Cadell, Canavan, Cash, Colbeck, Davey, Duniam, Fawcett, Henderson, Hughes, Hume, Liddle, McDonald, McGrath, McKenzie, McLachlan, Molan, Nampijinpa Price, O'Sullivan, Payne, Rennick, Reynolds, Ruston, Scarr, Dean Smith and Van.
Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022
Social Services and Other Legislation Amendment (Workforce Incentive) Bill 2022
Customs Tariff Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Bill 2022
Customs Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Bill 2022
Customs Tariff Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Bill 2022
Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Bill 2022
Treasury Laws Amendment (Australia-India Economic Cooperation and Trade Agreement Implementation) Bill 2022
Telecommunications Legislation Amendment (Information Disclosure, National Interest and Other Measures) Bill 2022
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
From the computers we work on to the phones in our pockets, telecommunications power some of the most important aspects of life in Australia. As a result, law enforcement and a range of other functions that go towards securing the national interest rely on the cooperation of telecommunications companies.
The Telecommuni cations Legislation Amendment (Information Disclosure, National Interest and Other Measures) Bill 2022 is targeted to not only improve the operation and transparency of the relationship between law enforcement and telcos but, crucially, to save lives.
A New South Wales Deputy State Coroner recently completed a coronial inquest into the sad disappearance of a New South Wales resident. Upon completion of the inquest, I received correspondence on behalf of the Coroner recommending urgent reform to section 287 of the Telecommunications Act 1997 (the Act). Three weeks after that correspondence, I am bringing legislation to the Parliament to address this issue raised by her Honour.
I regret to advise the Parliament that this is not the first time that this issue has been raised. In 2020, in an inquest into the death of a New South Wales resident, her Honour Teresa O'Sullivan had first raised that disclosure of telecommunications data to save missing people had an unrealistic bar.
The Bill first and foremost responds directly to these recommendations to better protect the safety and wellbeing of Australians in danger.
Second, the Bill increases accountability and transparency through enhanced record-keeping requirements for disclosures.
Finally, the Bill implements minor technical improvements to support the function of the Act.
Repealing 'imminent'
Currently, law enforcement is unduly obstructed in locating missing persons because telecommunications companies can only help triangulate the location of a person, if a threat to a person's life or health is "serious and imminent". The Bill removes the requirement that the threat be imminent.
In both the recent inquest into the disappearance of the New South Wales resident I referred to earlier, and the 2020 Inquest into the death of Thomas Hunt , law enforcement could justify a clear, serious risk to a person's life. Yet, the inability of law enforcement, with the information available, to characterise the threat as imminent in those matters contributed to two lives being lost. Both inquests, as well as a report from the Australian Law Reform Commission, stress the urgent repeal of the 'imminent' qualifier.
IPND Disclosures
In the same vein of public safety, the Bill enhances emergency disclosures from the Integrated Public Number Database (known as the IPND)— a database of all Australian phone numbers and associated names and addresses.
Currently, if the number calling Triple Zero is unlisted, the IPND manager is prohibited from disclosing the associated names and addresses to emergency call persons even when that information is necessary to provide someone with life-saving emergency services. Given that 95 per cent of the 72 million active numbers in Australia are unlisted with all mobile numbers unlisted by default, the IPND manager is obstructed from helping the vast majority of Australians.
This Bill amends the Act so that the IPND manager can disclose information about a subscriber to the Triple Zero emergency call person in connection with a call to Triple Zero. This will facilitate an emergency response, assisting our emergency services to do what they need to, to save lives.
Responding to natural disasters
There are long standing provisions in the Act that allow telecommunications providers to give help to law enforcement and national security agencies, in response to requests for reasonable and necessary assistance. In doing so, providers are entitled to compensation on a 'no-profit, no loss' basis, and are not liable for damages in relation to an act done or omitted in good faith in compliance with a request. As part of the National Emergency Declaration Act 2020 , these provisions were broadened to allow telecommunications companies to provide reasonable and necessary assistance to emergency service organisations. However, that Act unintentionally did not include protections for telecommunications companies acting in good faith from liability for damages. This Bill corrects that error.
Record Keeping Requirements
Following recommendations from the Office of the Australian Information Commissioner and the Parliamentary Joint Committee on Intelligence and Security, the Bill improves the record-keeping requirements on the telecommunications industry to include more details about the authorisation of disclosures under the Act. Better record-keeping enhances accountability and transparency of the handling of personal data.
Industry consultation
Major telecommunications providers and the Communications Alliance have been consulted on the Bill with amendments made in response to their requests. There was some concern that time would be needed to implement IT changes for the enhanced disclosure record keeping—consequently this part of the Bill has a 6-month delayed commencement. Additionally, industry was concerned about who would be best placed to decide whether a threat to health or safety was 'serious'. Consequently, the Explanatory Memorandum makes very clear that telecommunications companies would be relying on the representations of law enforcement agencies and emergency service organisations when making this judgement.
Conclusion
These proposed amendments minimise regulatory impact and provide benefit to industry, law enforcement agencies, and emergency service organisations. More importantly, I believe the proposed amendments will contribute to saving lives.
Crimes Amendment (Penalty Unit) Bill 2022
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Crimes Amendment (Penalty Unit) Bill 2022 will increase the value of the Commonwealth penalty unit from $222 to $275, with effect from 1 January 2023.
Penalty units determine the maximum fines which can be imposed for offences in Commonwealth legislation and territory ordinances.
This amendment will ensure courts can continue to punish breaches of Commonwealth law with financial penalties that reflect the seriousness of the offending or infringing conduct, and act as a meaningful deterrent to future offending.
The proposed increase is part of an ongoing process of reviewing the value of the Commonwealth penalty unit over time.
It will only apply to a person who has breached a relevant Commonwealth law or territory ordinance.
It does not alter the obligation on a sentencing judge to impose the most appropriate fine or financial penalty in an individual matter, having regard to all relevant circumstances.
This measure is estimated to result in increased revenue to the Commonwealth of $31.6 million over the next four years, which will support the government's budget repair efforts.
That this bill be now read a third time.
That—
(1) The hours of meeting on Monday, 28 November 2022 be from 10 am till adjournment, and the routine of business from 8 pm be government business only for the consideration of the National Anti-Corruption Commission Bill 2022 and the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022 (second reading speeches only).
(2) The Senate adjourn without debate after the second reading debate has concluded on the bills listed in paragraph (1), or on the motion of a minister, whichever is earlier.
(3) In accordance with standing order 57(3), divisions may not take place after 6.30 pm.
National Anti-Corruption Commission Bill 2022
National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022
Corruption is wrong, but in our zeal to see corrupt public officials dealt with appropriately, we must not discard the protections of the rights and liberties that are central to our legal system.
In our view, in order to preserve prosecutions, in order to maintain that prosecutorial authority with those bodies, as opposed to investigative bodies, and not unfairly damage reputations of people coming before the NACC, it's imperative that the default position be that private hearings are held, and obviously with the test of exceptional circumstances being employed.
Individuals involved in corruption commission inquiries are likely to be appearing in a professional capacity … For many people, their professional persona is core to their self-identity and any damage or threat to it is therefore amplified.
The other issue that has been raised is public hearings versus private hearings. I'm a strong supporter of public hearings. I believe that they're important because they make the organisation accountable and they provide an opportunity for other people to come forward. We've had investigations which have commenced in public, and as a result of that information other people have come forward and we've been able to go into other areas which have raised significant issues of corruption. It also, I think, ensures transparency and accountability for the agency and justifies the purpose if the case, ultimately, is made for change.
A crucial way in which any anti-corruption agency exposes corrupt conduct is through the public examination of witnesses. Examining witnesses in public can make investigations more transparent and can increase public awareness of, and confidence in, the integrity system.
The nature of serious or systemic corruption is that many people may have knowledge of isolated pieces of information that may be relevant to a particular investigation. By holding a public examination, awareness and understanding of the matter under investigation is raised and witnesses can be prompted to come forward with relevant information that they had not previously understood the potential significance of.
The Bill currently only permits public hearings if the Commissioner is satisfied that exceptional circumstances justify the holding of the hearing in public and that it is in the public interest to do so.
… the IBAC does not consider that the existence of exceptional circumstances ought to be a decisive factor in determining whether a public hearing should proceed.
Democracy is a process, not a static condition. It is becoming, rather than being. It can be easily lost, but is never finally won.
… have the power to hold public hearings where the Commission determines it is in the public interest to do so …
… have the power to hold public hearings where the Commission determines it is in the public interest to do so …
The NACC must be permitted to hold public examinations without a requirement for exceptional circumstances, so long as there is a specific provision that the Commissioner cannot call a witness unless satisfied that there is no unreasonable damage to reputation and that there will be no damage to the witness's welfare.
Overwhelming evidence shows that Senator (Bridget) McKenzie, and her office, in consultation with the Prime Minister's office, used the program as a vehicle for gaining political advantage for coalition candidates in the 2019 federal election by favouring applicants located in marginal and 'targeted' electorates.
The evidence available to the committee indicates clearly that the Prime Minister's office, and likely the Prime Minister, were aware of the use of electorate information to identify projects in marginal and targeted electorates well before the first grant recipient was announced.
The committee has faced significant obstruction in its attempts to gather evidence that would explain who was involved and responsible for grant decisions (including the extent of involvement of the Prime Minister and others), what were the reasons for decisions, and whether those decisions were made in accordance with the law.
… appears to be well-considered and applies appropriate powers and protections.
The Bill creates the NACC, an important proactive reform of existing integrity mechanisms worthy of widespread support.
… congratulates the Government on proposing a definition of corrupt conduct, to define the Commission's investigative jurisdiction, which is simpler, broader, more flexible and less technical than most previous Australian precedents.