The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 10:00, made an acknowledgement of country and read prayers.
Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023
That this bill be now read a third time.
We should be one together, not two divided.
Proportionally, we are the most incarcerated people on the planet. We are not an innately criminal people. Our children are aliened from their families at unprecedented rates. This cannot be because we have no love for them. And our youth languish in detention in obscene numbers. They should be our hope for the future.
These dimensions of our crisis tell plainly the structural nature of our problem. This is the torment of our powerlessness .
We seek constitutional reforms to empower our people and take a rightful place in our own country. When we have power over our destiny our children will flourish. They will walk in two worlds and their culture will be a gift to their country.
We call for the establishment of a First Nations Voice enshrined in the Constitution.
… … …
In 1967 we were counted, in 2017 we seek to be heard. We leave base camp and start our trek across this vast country. We invite you to walk with us in a movement of the Australian people for a better future.
The Senate divided. [11:11]
(The President—Senator Lines)
That so much of standing orders be suspended as would prevent me from moving a motion relating to conduct of business—namely, a motion to provide for the consideration of the Housing Australia Future Fund Bill 2023 and related bills.
The Senate divided. [11:53]
(The President—Senator Lines)
That, to allow time for National Cabinet to progress reforms to strengthen renters' rights as advised in the Prime Minister's press release of 28 April 2023, including reforms to limit rent increases, further consideration of the Housing Australia Future Fund Bill 2023 and two related bills be made an order of the day for 16 October 2023.
Omit "16 October 2023", substitute "the next day of sitting".
The Senate divided. [12:02]
(The President—Senator Lines)
The Senate divided. [12:07]
(The President—Senator Lines)
Education Legislation Amendment (Startup Year and Other Measures) Bill 2023
Omit all words after "That", substitute:
(a) by reason that:
(i) much of the design, implementation and operation of the Startup Year program, including important safeguards for students such as the protection of students' intellectual property rights, are to be governed by the START-HELP Guidelines, a draft of which has not been tabled in the Senate; and
(ii) the bill does not otherwise include the necessary provisions relating to the design, implementation and operation of the Startup Year program, including important safeguards for students such as the protection of students' intellectual property rights;
(b) further consideration of the bill be made an order of the day for the sitting day after draft STARTUP-HELP Guidelines have been tabled in the Senate.
At the end of the motion, add ", but the Senate notes that this bill does nothing to mitigate the student debt crisis at a time when student debts are increasing at an out-of-control pace, and calls on the Government to:
(a) recognise that education is a public good which should be free and universal;
(b) make university and TAFE fee-free; and
(c) wipe all student debt".
… enable students to participate in university accelerator programs, with the view of commercialising good ideas and injecting new business dynamism into our economy.
Through consultations with members, it is evident that more clarity around the purpose and outcomes of the program is needed. It is unclear to our members if this is a practical educational program aiming to build a pool of skilled entrepreneurs with experience in the startup ecosystem, or if the aim is to create new firms.
Student startups are not typically funded through loans, as it is unknown when the loan will be repaid. Angel investors are the normal source of capital.
… typically these programs admit only the best ideas or "pitches" from students and alumni through a competitive process.
The focus is to advance the best ideas with a realistic possibility of success—noting the high level of failure inherent in startups.
… … …
… the primary objective of Startup Year must be clearly articulated in the interest of maintaining the simplicity and effectiveness of the program. Specifically, whether Startup Year is intended to directly support the development of startups through accelerator programs or to more generally support education and training in skills related to startups.
Gallagher denied misleading parliament but the facts told something different—while she had told Senate estimates "no one had any knowledge" of Higgins's pending revelations, she admitted in her statement that "I was provided with information in the days before the allegations were first reported."
It is obvious Gallagher misled the parliament.
Finance Minister Katy Gallagher, who was exposed by the text messages as misleading parliament two years ago …
I think it's open and shut that she's misled parliament.
We seek constitutional reforms to empower our people and take a rightful place in our own country.
… what shines so brightly at the very core of its gracious request is the desire to bring us all closer together as a people reconciled.
… a once-in-a-lifetime opportunity to lift our great nation even higher—
The Accelerator is a crucial step towards addressing the persistent issue of housing affordability in the country.
The Government has grasped the urgency of the social housing shortage and crafted a policy that will accelerate planning, building and delivery of new homes.
That the Senate take note of the answers given by the Minister for Finance (Senator Gallagher) to questions without notice asked by Senator Ruston and Senator Hume relating to the pharmaceutical industry and the budget.
It should lead to better medicines adherence and ultimately better health outcomes, with reduced pressure on the health system.
This change has been recommended because it is in the best interests of patients, and I am pleased that the Government has heeded the expert advice.
That the Senate take note of the answers given by the Minister for Foreign Affairs (Senator Wong) today to questions without notice I asked today relating to the Aboriginal and Torres Strait Islander Voice.
That the Senate take note of the answers given by the Minister for Trade and Tourism (Senator Farrell) today to questions without notice I and Senator Faruqi asked today relating to the environment and housing.
That general business order of the day No. 44, Broadcasting Services Amendment (Prohibition of Gambling Advertisements) Bill 2023 be considered on Wednesday 21 June and Thursday 22 June 2023 at the time for private senator's bills.
That the following bills be listed on the Notice Paper as 2 orders of the day:
(a) the Financial Accountability Regime Bill 2023 and the Financial Accountability Regime (Consequential Amendments) Bill 2023; and
(b) the Treasury Laws Amendment (Financial Services Compensation Scheme of Last Resort) Bill 2023, the Financial Services Compensation Scheme of Last Resort Levy Bill 2023 and the Financial Services Compensation Scheme of Last Resort Levy (Collection) Bill 2023.
That leave of absence be granted to Senator Grogan from 20 to 22 June 2023 for personal reasons.
That the Senate—
(a) endorses the implementation of the Uluru Statement from the Heart in full, as a matter of priority, including a Voice enshrined in the Constitution and a Makarrata Commission for agreement-making and truth-telling; and
(b) notes that all members of the Constitutional Expert Group have agreed that the proposed alteration to the Constitution 'would not affect the sovereignty of any group or body'.
The Senate divided. [15:45]
(The Deputy President—Senator McLachlan)
That, on Monday, 31 July 2023:
(a) the address-in-reply be presented at 9.30 am to His Excellency the Governor-General by the President and such senators as may desire to accompany her; and
(b) the hours of meeting be 11 am to 8.30 pm.
Freeze on Rent and Rate Increases Bill 2023
That the following bill be introduced: A Bill for an Act to amend the law relating to federal financial relations and the Reserve Bank of Australia, and for related purposes. Freeze on Rent and Rate Increases Bill 2023 .
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Australia is in the middle of a rental and housing crisis. People renting a home and people buying a home are spending record amounts of their income to put a roof over their head. Too many renters across Australia are staring down the barrel of another rental increase that will push them into homelessness. In a country as wealthy as ours, rising rates of homelessness are a national disgrace. Meanwhile skyrocketing house prices have put buying a home forever-out-of-reach for countless everyday families.
The housing crisis is the result of generous tax-breaks for property investors, lending policies that have burdened families with record levels of debt and handed billions in profit to the big banks, the retreat of governments at all levels from providing public housing, and absolutely no protections for renters. This has turned a basic human right into an instrument for financial speculation that is enriching the already wealthy.
It is unfathomable that the government can find tens of billions of dollars every year in the budget for submarines, tax cuts for politicians and millionaires, and handouts to wealthy property investors while families are sleeping in their cars, workers are unable to afford a home near where they work, and people are being evicted because they can't pay the 20 per cent increases in their rents. The government is sitting on their hands when they have the capacity to intervene and stop the worst of this crisis. This crisis is a political choice that is the result of the social contract being torn up in the interests of big capital.
This Bill responds to the need for national leadership to address the rental and housing crisis by seeking to establish a national freeze on rent increases and interest rate increases.
Freeze on rent increases
Rents are increasing at the fastest rate on record. The 2022 increase in rents was a record. 2023 increases are forecast to eclipse this record. In the past twelve months rents in capital cities have grown six times faster than wages. Renters are set to pay an extra $10 billion as the result of rent increases this year.
Less than one percent of rentals nationwide are affordable for a person earning a full-time minimum wage, making it near impossible for essential workers to afford to rent in most parts of the country. And close to zero percent of rentals are affordable for people on the Aged Pension, Disability Support Pension, Jobseeker or Youth Allowance.
Even with this Bill providing for a two-year rent freeze and a cap on rent increases at two per cent every two years, wages aren't forecast to catch up to the impacts of recent rent growth until 2029.
The Prime Minister has repeatedly claimed that regulating rental tenancies can only be achieved by the states and territories, or that implementing a freeze on rent increases would require nationalising the private rental market. This is an abrogation of responsibility.
Despite what the Prime Minister has led people to believe, rent freezes are not an extraordinary or novel idea, nor are they 'pixie dust'. Tasmanian, Victorian, South Australian and Western Australian governments froze rents for six months when the COVID pandemic hit, and private rental properties were not nationalised. Historically, rent freezes have been used in times of rampant inflation. In 1941, the federal government froze rents to deal with inflation caused by wartime shortages.
Throughout the world rent controls are used to protect tenants from punitive and excessive increases in rent pressure zones. From New York and California to Scotland and Ireland, action has been taken to limit increases in rents. London Mayor Sadiq Khan called for powers to freeze rents for two years. The New Zealand Human Rights Commission has called for a temporary rent freeze throughout the country to tackle the cost of living and rent crisis . Most recently, Spain capped their rent increases in areas where rent is increasing significantly.
Just as the federal government coordinates national policy in areas such as health and education, by offering grants to the states and territories who sign up to a national agenda the federal government can coordinate a national freeze on rent increases and take action on out-of-control rent rises. In fact, when the COVID pandemic hit, the Morrison Government co-ordinated an eviction moratorium via the National Cabinet, proving that it is possible for the federal government to take action on renters' rights.
More recently, the Prime Minister effectively refuted his previous claims when he announced that National Cabinet had tasked the Housing and Homelessness Ministerial Council with examining action on renter rights including the frequency and amount of rent increases, and to report back later this year. In the meantime, families will face eviction and be forced into homelessness because they are being slapped with another unprecedented rental increase that they cannot afford. A national freeze on rent increases is not only necessary: it is possible; and it is urgent.
This Bill establishes the framework for the federal government to work with states and territories to implement a rent freeze by providing additional housing funding to states and territories who adopt rent control measures within their own tenancy legislation. Following the passage of this Bill, the Minister would be required to take all reasonable steps to reach an agreement with the states and territories to implement a freeze on rent increases. In return, participating state and territories would have their housing funding from the federal government doubled.
Currently, the states and territories receive a combined $1.6 billion per annum in federal funding via the National Housing and Homelessness Agreement. The additional funding provided for by the passage of this Bill could be used to immediately boost the supply of public and genuinely affordable housing by buying up existing properties, such as those exiting the National Rental Affordability Scheme, or invested in desperately needed new public housing construction.
In return for the doubling of housing funding, the Bill also require states and territories to implement model tenancy standards. Model tenancy standards would include a two-year freeze on rent increases, and ongoing caps on increases of two per cent every two years. The rental control measures provided for by this Bill would apply to the individual property rather than the individual lease, ensuring that rents could not be exorbitantly increased between tenancies.
Furthermore, model tenancy standards would include a ban on no-cause evictions, including at the end of fixed-term tenancies. This would avoid the perverse outcome that is occurring in Queensland where, despite no-cause evictions supposedly being prohibited, tenants are receiving a notices to vacate at the end of a fixed-term tenancy.
Fr eeze on rate increases
Interest rates are also increasing at record speeds. For the first time ever, the RBA has increased interest rates at eleven of their last twelve meetings. The RBA is doing this in response to high inflation that is between half and three-quarters as result of supply-side pressures—including corporate profiteering—that monetary policy can do little to offset. The RBA is also doing this after providing forward guidance during 2020 and 2021 that interest rates were unlikely to increase above 0.10 per cent until 2024.
Interest rate hikes are increasing housing costs for mortgage holders, with monthly repayments for the average mortgage holder having increased by around $1,000 in the last year. Interest rate hikes are also increasing housing costs for renters, with low vacancy rates allowing landlords to pass on interest rate increases with little ability for prospective tenants to refuse these increases.
The Government has repeatedly claimed that interest rate decisions are out of its hands because the RBA is independent. But the government has the power to intervene and has always had the power to intervene.
Section 11 of the Reserve Bank Act 1959 sets out the procedure by which the Treasurer may overrule the RBA and set monetary policy in the event of a difference of opinion between the government and the RBA. These powers were introduced by Ben Chifley upon the establishment of a central bank in Australia through theCommonwealth Bank Act 1945 . These powers were then retained by the Menzies Government when the Reserve Bank of Australia was established and separated from the Commonwealth Bank in 1959.
This framework established by Section 11 was taken from the 1937 report of the Royal Commission into Monetary and Banking Systems which stated that the government should ultimately be responsible for monetary and banking policy.
This Bill would make it clear that the government is ultimately responsible for monetary policy and that Section 11 can be used to freeze interest rates.
Following the passage of this Bill, the Treasurer should invoke Section 11 to freeze the cash rate target and the interest rate on exchange settlement balances at no more than 3.60 per cent for twelve months.
Conclusion
This Bill is proposing real action for renters and mortgage holders in a time of an unprecedented housing crisis. It is possible. It is not a fanciful idea to ask for more.
Over the last three decades of neoliberal economic policy, the role of government in housing has consistently been replaced by the private market, the real estate industry and other large-scale financial actors. Successive Liberal and Labor governments have been more interested in ensuring the big banks, wealthy investors and property developers continue to rake in record profits at the expense of everyday people.
This Bill would reverse that trend by putting the interests of renters and mortgage holders ahead of the big banks, developers and property moguls. Everyone needs a home. Housing should be treated as a home and as a social good, not a speculative financial asset. People should not have to feel 'extremely lucky' to have a roof over their head.
That there be laid on the table by the Minister for Finance, by no later than midday on Thursday, 22 June 2023:
(a) all departmental briefs, drafts or documents created in the Department of Finance relating to the preparation of the 'Procurement policy note—Ethical conduct of tenders and suppliers';
(b) all emails, text messages and other communications between the Minister and officials from the department or between the Minister's office and the department relating to the preparation of the 'Procurement policy note -Ethical conduct of tenders and suppliers'; and
(c) any related documents.
That there be laid on the table by the Minister for Finance, by no later than midday on Tuesday, 22 June 2023:
(a) all briefing materials prepared for the Minister for Finance by the Department of Finance relating to the Budget estimates hearings of the Finance portfolio by the Finance and Public Administration Legislation Committee; and
(b) all briefing materials prepared by the department for the members of the Senior Executive Service of the department relating to the Budget estimates hearings of the Finance portfolio by the Finance and Public Administration Legislation Committee.
That there be laid on the table by the Minister representing the Minister for the National Disability Insurance Scheme, by no later than midday on Thursday, 22 June 2023:
(a) all grant agreements made with National Disability Insurance Scheme (NDIS) funding or between the NDIS or the Department of Social Services and the National Aboriginal and Torres Strait Islander Corporation (NATSIC), currently in administration with the firm known as Grant Thornton Australia; and
(b) any emails, documents or handwritten notes:
(i) relating to the decisions to enter into those grant agreements,
(ii) relating to fraud prevention or fraud identification during the grant agreements,
(iii) between the grantor and grantee,
(iv) between the Commonwealth and NATSIC,
(v) relating to any visit or meeting with the office bearers of NATSIC,
(vi) relating to any investigation by the Office of the Registrar of Indigenous Corporations or under the Corporations (Aboriginal and Torres Strait Islander) Act 2006,
(vii) relating to debts owed by NATSIC resulting from non-performance of the grant agreements,
(viii) relating to Mr Jim Golden-Brown or any aliases, including Jim Sturgeon or similar spelling,
(ix) relating to Graham Aitken,
(x) relating to Harry Harun,
(xi) made by Ryan Sandeman, Grant Schulz, Kirsty Goodwin or Dick Courtney,
(xii) relating to the public interest declaration made by Ms Goodwin in respect of Ryan Sandeman,
(xiii) relating to Michael Roddan's article published in the Australian Financial Review on or around 6 February 2023, and
(xiv) between the NDIS and the NATSIC Chairman, Ian Mye.
The Senate divided. [15:58]
(The Deputy President—Senator McLachlan)
That there be laid on the table by the Minister representing the Treasurer, by no later than 5 pm on Tuesday, 20 June 2023, the NDIS Financial Sustainability Framework.
That there be laid on the table by the Minister representing the Treasurer, by no later than 6 pm on Wednesday, 21 June 2023, all submissions to the Treasury consultation on public country-by-country reporting.
The Senate divided. [16:07]
(The Deputy President—Senator McLachlan)
(1) That there be laid on the table by the Minister representing the Minister for the Environment and Water, by no later than 10 am on 22 June 2023:
(a) the letter sent by the Minister for the Environment and Water to the Tasmanian Government in relation to the Maugean skate, as referenced in Senate questions without notice on 14 June 2023; and
(b) the response from the Tasmanian Government to that letter.
(2) That there be laid on the table by the Minister representing the Minister for the Environment and Water, by no later than midday on 23 June 2023, the minutes of the meeting of the Threatened Species Scientific Committee held during the week beginning 6 June 2023, as referenced in Senate questions without notice on 14 June 2023.
Australian Capital Territory (Self-Government) Amendment Bill 2023
That the following bill be introduced: A Bill for an Act to amend the Australian Capital Territory (Self-Government) Act 1988 , and for related purposes.Australian Capital Territory (Self-Government) Amendment Bill 2023 .
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
As you all know, on 11 May 2023 the Canberra community was blindsided when the ACT Greens-Labor coalition government announced they would be forcibly acquiring Calvary Public Hospital, its land and its assets, ripping up their remaining 76-year contract and essentially forcing all of the Calvary staff to work for ACT Health.
This decision was made with no consultation, and no inquiry by the Legislative Assembly prior to the announcement.
This has resulted in significant public outcry well beyond the borders of the ACT.
I'm sure each of your offices, like mine, has received thousands of emails on this topic, legitimately raising questions about the real reason behind such a move and concerns about the precedent this action creates, potentially for other faith-based services including schools.
The purpose of this Bill is to insert a requirement that the ACT Government conduct an inquiry into the ACT legislation that enables the acquisition. This does not impact on the ACT Government's rights to make decisions, it is intended to ensure that there is public consultation with the decision that has been made, so that people can have their voices heard.
This action has occurred despite the relevant Minister admitting that Calvary has been delivering good healthcare and is not in any breach of its contract.
The ACT Government clearly plotted behind Calvary's back. The legislation to make this happen was tabled in the Assembly without any notice and it was pushed through without proper scrutiny on the next sitting day, 31 May—with an acquisition date of the third of July—it's nothing short of outrageous.
The ACT Government even went so far as to move a motion to ensure that the normal committee inquiry process into legislation was circumvented.
Understandably, Calvary, and its owner the Little Company of Mary, were devastated. .I understand that the CEO, Martin Bowles had been in discussions with the government about the provision of hospital services in the north of Canberra but had not heard from the government for six months.
Many of the 1,800 staff at Calvary are also, understandably, very upset. They have chosen to work at Calvary because of its good culture which stands in contrast to ACT Health, which is well known from numerous staff surveys to have a toxic workplace culture and poor management practices.
Some of those emails my office has received, reference concerns expressed by these staff.
"The nursing staff at the hospital are angry and very disappointed. These nurses write, "As members of the Canberra community, it concerns us hugely that we have now set a precedent for due process to be bypassed, for consultation to be bypassed, in order to facilitate the government to do as it pleases."
Has any thought even been given to the impact on ACT Health's ability to run clinical services at Calvary once the takeover is completed on 3 July?
Without even considering how ACT Health might continue to deliver high quality services at the standard achieved by Calvary, there is also the question about the cost.
How many millions of dollars is the taxpayer going to be required to spend to change from Calvary to ACT Health ownership without a single quantifiable benefit?
The ACT Government's arguments about a single, integrated service being easier to run are hard to justify—especially when you look at the way State and private systems work cooperatively and effectively in other jurisdictions like Queensland, Victoria, and NSW with organisations like Mater and St Vincent's very successfully delivering public hospital services.
I am convinced, that this is an exercise based more around ideology than good policy. It is being viewed by many as an anti-faith agenda by a Greens-Labor coalition and it is hard not to believe that at its heart, that's what's driving this whole saga.
This is also at the heart of the concerns raised by everyday Australians, just like this one :
"The appalling decision by the ACT Government to forcibly take over Canberra's Calvary Hospital is very concerning.
It is obvious that the tensions between the government and the hospital's Catholic values have played a large part in the decision.
The government wants the hospital to provide euthanasia and abortion, but this goes against long-standing Catholic beliefs on the value of life.
In our free, pluralistic and diverse society, Calvary Hospital should have the freedom to conscientiously object to intentionally taking lives through abortion and euthanasia without the threat of being "acquired" by the government.
This is a clear act of religious discrimination.
The fact that a government can forcibly take over an institution because it does not align with that government's values sets a dangerous precedent in our nation.
This overrides our human rights to have autonomy and for the Government to have minimal impediment to citizens functioning in daily lives.
We must make a stand against governments that dislike religious freedom and think that they can force religious institutions out of existence."
So where are we at now? Last week, in this place, I put forward a motion for an inquiry into this action taken by the ACT Government. I was supported in this by several of my colleagues and thank you all for your support.
Calvary sought to have the legislation overturned in the ACT Supreme Court, but the case was dismissed by the court and the transition is now proceeding. Calvary is awaiting the full judgement from the court before deciding on any possible appeals.
It is clear the ACT Government wants this fight. It wants the conflict, and it is determined to win at any cost to the staff, to taxpayers and to the community.
The way they have plotted in secret and ambushed Calvary, the speed with which this is happening, and the circumvention of democratic process does not speak of a government acting in good faith. It shows a government that is riding roughshod over an organisation that has provided a great service to Canberra for over 40 years.
I'd like to close by quoting yet another of those emails:
"Calvary Hospital is being forced out of existence.
This should not happen in Australia!
We need to fight for justice and for what is right!!!
What amazes me is that a government thinks it can shove anyone aside that stands in its way.
The Federal Government needs to step in now.
This is not the Australia that I love and am proud of.
Please stand against this disgraceful behaviour."
I ask you to stand up with me for the people of the ACT, join with me in this fight against the ACT Government and support this legislation to force the ACT Government to conduct an inquiry into the legislation that enables the acquisition. This does not impact on the ACT Government's rights to make decisions, it is intended to ensure that there is public consultation on the decision that has been made, so that people can have their voices heard.
Pursuant to standing order 75, I give notice that today I propose to move "That, in the opinion of the Senate, the following is a matter of urgency:
"The government is refusing to acknowledge the poor senior leadership within the ADF. Everyone in the chain of command should be held accountable for their actions, irrespective of rank or hierarchy. Our ADF is in disarray with high attrition rates, low recruitment rates and significant issues with low morale due to the poor leadership standards being set by senior command."
That, in the opinion of the Senate, the following is a matter of urgency:
The government is refusing to acknowledge the poor senior leadership within the ADF. Everyone in the chain of command should be held accountable for their actions, irrespective of rank or hierarchy. Our ADF is in disarray with high attrition rates, low recruitment rates and significant issues with low morale due to the poor leadership standards being set by senior command.
… equip yourself for life, not solely for your own benefit but for the benefit of the whole community.
We trusted each other, and we fought as one big team, and to this we owe our success. I hope that the lessons of mutual help, comradeship, and self-sacrifice will assist to make Australia a still greater country than at present.
The Senate divided. [16:39]
(The Acting Deputy President—Senator Walsh)
Pursuant to standing order 75, I give notice that today I propose to move "That, in the opinion of the Senate, the following is a matter of urgency:
"The mounting need for Australia to deliver a further package of military, humanitarian and energy assistance to Ukraine, especially given the failure of the recent Budget to provide any new support and Australia's slippage in support relative to likeminded partners."
That, in the opinion of the Senate, the following is a matter of urgency:
The mounting need for Australia to deliver a further package of military, humanitarian and energy assistance to Ukraine, especially given the failure of the recent Budget to provide any new support and Australia's slippage in support relative to likeminded partners.
The Ukrainian community here is still outraged about the invasion.
Ukraine is a sovereign nation that is grimly defending that sovereignty.
The Ukrainian community here and all over Australia and the rest of the world continue to protest this Russian aggression and will continue to do so whilst Russian forces are in Ukraine.
Ukraine is determined to defend all things Ukrainian and the world is showing massive support because this is simply wrong. Putin will lose and Ukraine will prevail!
Ministers of State Amendment 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 Ministers of State Amendment Bill 2022 provides for greater transparency and accountability in Commonwealth administration. It will ensure the Australian people are able to access information relating to the composition of the Federal Executive Council, those appointed to administer certain Departments of State, and the high offices that Ministers of State hold.
These reforms are a vital part of the Government's response to the Report of the Inquiry into the Appointment of the Former Prime Minister to Administer Multiple Departments , led by former High Court Justice, the Honourable Virginia Bell AC. The Report was provided to the Government on 25 November 2022 and has been published on the Inquiry's website. This Bill demonstrates the Government's readiness to act promptly to restore the Australian people's confidence in our Federal system of government, and to rebuild integrity in public sector institutions, processes and officials.
Of course, the genesis of the Bell Inquiry stemmed from media reports in August this year that the former Prime Minister, the Member for Cook, had been appointed to administer multiple portfolios during 2020 and 2021—namely the Departments of Health; Finance; Industry, Science, Energy and Resources; Treasury; and Home Affairs—in addition to his appointment to administer the Department of the Prime Minister and Cabinet.
The Government referred these matters to the Solicitor-General, Dr Stephen Donaghue KC. Dr Donaghue advised: "The principles of responsible government are fundamentally undermined by the actions of the former government." Following the Solicitor-General's advice, it was also clear that an appropriate Inquiry was needed.
The Bell Inquiry examined how this happened, why it happened, and who knew about it. It is essential that we have transparency in our government processes because our system of parliamentary democracy relies upon conventions, and the Westminster traditions of checks and balances. As was made very clear by the Solicitor-General: "It is impossible for the Parliament to hold ministers to account for the administration of departments if it does not know which ministers are responsible for which departments."
The Government commends Ms Bell for her service in leading this Inquiry. She conducted her review with professionalism and dedication. Her report is comprehensive and even-handed.
The Government has accepted all of Ms Bell's recommendations and the Department of the Prime Minister and Cabinet has been directed to implement them. Introduction of this Bill is part of that task.
Specifically, the Ministers of State Amendment Bill 2022 will require the Official Secretary to the Governor-General to publish a notifiable instrument on the Federal Register of Legislation as soon as reasonably practicable in the following circumstances: when the Governor-General has chosen, summoned and sworn an Executive Councillor to the Federal Executive Council; appointed an officer to administer a Department of State; or directed a Minister of State to hold an office. It will also require notification on the revocation of any of these positions to be published.
The notifiable instrument will include the name of the person, the Department of State (where appropriate) and the date on which they were sworn, appointed or directed. In the case of revocations, the notifiable instrument is to include the name of the person, the name of the former office, and the date that such membership, appointment or direction was revoked. The notifiable instrument may also comprise a copy of an instrument issued by the Governor-General.
The introduction of this Bill shows the Government is delivering on its promise to restore trust and integrity to federal politics—the centrepiece of which is the establishment of a powerful, transparent and independent National Anti-Corruption Commission.
The measures in the Bill will restore integrity and transparency to the process of appointing elected officials to high office, and ensure we have a system of government where there are checks and balances. Never again will one person be able to garner powers without adequate, and warranted, accountability to the Australian people and the Australian Parliament.
That the question be now put.
The Senate divided. [17:31]
(The President—Senator Lines)
The Senate divided. [17:35]
(The President—Senator Lines)
Education Legislation Amendment (Startup Year and Other Measures) Bill 2023
At the end of the motion, add ", but the Senate notes that this bill does nothing to mitigate the student debt crisis at a time when student debts are increasing at an out-of-control pace, and calls on the Government to:
(a) recognise that education is a public good which should be free and universal;
(b) make university and TAFE fee-free; and
(c) wipe all student debt".
The Senate divided. [18:05]
(The Acting Deputy President—Senator Fawcett.)
That the House of Representatives be requested to make the following amendments:
(1) Clause 2, page 2 (table), omit the table, substitute:
(2) Page 40 (after line 13), at the end of the Bill, add:
Schedule 4 — HELP assistance for New Zealand citizens who are permanent residents
Higher Education Support Act 2003
1 Paragraph 90-5(2A)(b)
Repeal the paragraph, substitute:
(b) either:
(i) holds a special category visa under the Migration Act 1958 ; or
(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958 ; and
2 Paragraph 104-5(2A)(b)
Repeal the paragraph, substitute:
(b) either:
(i) holds a special category visa under the Migration Act 1958 ; or
(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958 ; and
3 Paragraph 118-5(2)(b)
Repeal the paragraph, substitute:
(b) either:
(i) holds a special category visa under the Migration Act 1958 ; or
(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958 ; and
4 Paragraph 126-5(1A)(b)
Repeal the paragraph, substitute:
(b) on the day the fee is payable, either:
(i) holds a special category visa under the Migration Act 1958 ; or
(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958 ; and
5 Paragraph 128B-30(3)(b)
Repeal the paragraph, substitute:
(b) either:
(i) holds a special category visa under the Migration Act 1958 ; or
(ii) is a *permanent visa holder who, immediately before becoming a permanent visa holder, held a special category visa under the Migration Act 1958 ; and
6 Application of amendments
(1) The amendment of section 90-5 of the Higher Education Support Act 2003 made by this Schedule applies in relation to determining entitlement to HECS-HELP assistance for units of study with a census date that is on or after the day this Schedule commences.
(2) The amendment of section 104-5 of the Higher Education Support Act 2003 made by this Schedule applies in relation to determining entitlement to FEE-HELP assistance for units of study with a census date that is on or after the day this Schedule commences.
(3) The amendment of section 118-5 of the Higher Education Support Act 2003 made by this Schedule applies in relation to applications for receipt of OS-HELP assistance that are made on or after the day this Schedule commences.
(4) The amendment of section 126-5 of the Higher Education Support Act 2003 made by this Schedule applies in relation to requests for Commonwealth assistance in relation to a student services and amenities fee that are made on or after the day this Schedule commences.
Statement of reasons: why certain amendments should be moved as requests
Section 53 of the Constitution is as follows:
Powers of the Houses in respect of legislation
53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.
The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.
The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.
The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.
Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.
Amendment (2)
The effect of this amendment is to expand the circumstances in which certain New Zealand citizens are eligible for assistance under the Higher Education Support Act 2003 .
It is covered by section 53 because this expansion of eligibility will increase the amount of expenditure out of the Consolidated Revenue Fund under the standing appropriation in section 238-12 of the Higher Education Support Act 2003 .
It is also covered by section 53 because the expansion of eligibility for assistance under the Higher Education Support Act 2003 has the effect of expanding eligibility for certain student payments under theSocial Security Act 1 991. This will increase the amount of expenditure out of the Consolidated Revenue Fund under the standing appropriation in section 242 of theSocial Security (Administration) Act 1999 .
Consequential amendments
The following amendment(s) are consequential on the amendments mentioned above:
Amendment (1).
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendment (2)
If the effect of the amendment is to increase the amount of expenditure under the standing appropriations in section 238-12 of the Higher Education Support Act 2003 and section 242 of theSocial Security (Administration) Act 1999 , then it is in accordance with the precedents of the Senate that the amendment be moved as a request.
Amendment (1)
This amendment is consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.
(1) Schedule 1, page 3 (line 1) to page 38 (line 15), to be opposed.
We fundamentally think this is a great program.
… help the next generation of young Australian entrepreneurs bring their ideas to life and commends the Government for exploring innovative and long-term solutions to fund and support new startups.
The committee divided. [18:25]
(The Chair—Senator McLachlan)
(2) Schedule 1, item 25, page 14 (after line 23), at the end of section 128B-25, add:
(5) Without limiting the matters that may be included in the STARTUP-HELP Guidelines made for the purposes of paragraph (2)(c), those guidelines must require that the higher education provider providing the *accelerator program course has arrangements in place to ensure that, in circumstances where a student creates intellectual property through undertaking the course, the student owns the intellectual property unless there is an agreement that provides otherwise in place between the student and the provider.
(3) Schedule 1, item 25, page 16 (after line 28), at the end of Division 128B, add:
128B-40 Allocation of STARTUP-HELP assistance
(1) The STARTUP-HELP Guidelines must include principles and procedures for ensuring, so far as reasonably practicable, that at least 25% of the persons selected for receipt of *STARTUP-HELP assistance are students enrolled in an *accelerator program course at a regional university.
(2) For the purposes of subsection (1), a regional university is one of the following:
(a) Charles Sturt University;
(b) Central Queensland University;
(c) Federation University Australia;
(d) Southern Cross University;
(e) University of New England;
(f) University of Southern Queensland;
(g) University of the Sunshine Coast;
(h) any other university, or particular campus of a university, specified in the STARTUP-HELP Guidelines.
(3) The Minister must not specify a university, or particular campus of a university, in the START-UP HELP Guidelines made for the purposes of paragraph (2)(h), unless the university or campus is located in a Remoteness Area categorised under the *ABS Remoteness Structure as Inner Regional Australia, Outer Regional Australia, Remote Australia or Very Remote Australia.
(4) Schedule 1, item 25, page 22 (after line 25), at the end of Subdivision 128E-B, add:
128E-40 Reversal of STARTUP-HELP assistance: accelerator program course objectives not met
(1) An amount of *STARTUP-HELP assistance that a person received for an *accelerator program course with a higher education provider is reversed if the *Secretary is satisfied that the course has not met its stated objectives.
Note 1: For example, a course may not have met its stated objectives if the course has not developed a person's skills, capabilities and connections for the purposes of startup businesses: see paragraph 128B-25(1)(a).
Note 2: For the consequences if an amount of assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See also paragraph 128B-1(1)(c).
(2) Without limiting the matters that may be included in the STARTUP-HELP guidelines, those guidelines must set out:
(a) principles and procedures that the *Secretary must follow in deciding whether the stated objectives of an *accelerator program course have been met; and
(b) procedures for a person who is, or has been, enrolled in an *accelerator program course to make an application to the *Secretary for an amount of *STARTUP-HELP assistance to be reversed under subsection (1).
(5) Schedule 1, item 73, page 34 (line 5), at the end of the definition of reversed in subclause 1(1) of Schedule 1, add:
; (f) section 128E-40 (accelerator program course objectives not met).
13. The Department of Education (the Department) will appoint a Startup Year Working Group, comprisedofrepresentativesfromtheuniversity, business,andgovernment sectors,to monitor theimplementationandoperation of Startup Year duringthe pilot.The Working GroupwillprovideadvicetotheDepartmentofEducation ontheStartupYearprogram settings andanyother mattersaffectingprogram outcomes andobjectives.
14. TheDepartment willalsoworkclosely withparticipatinguniversities to understand implementationchallenges,thestudentexperience,andareasforfutureimprovement.The DepartmentmaycallonparticipatinguniversitiestoprovideinformationtotheStartupYear WorkingGroup,including details of participant diversity, course attrition/completionrates, participant destination andoutcomesinformation andcourseevaluations.
(1) Clause 2, page 2 (cell at table item 1, column 2), omit the cell, substitute:
(1) Schedule 1, item 25, page 9 (after line 17), after Division 128A, insert:
Division 128AA — Accelerator program course pilot
128AA-1 Accelerator program course pilot
(1) The Minister must cause an *accelerator program course pilot to be conducted.
(2) Without limiting the matters that may be included in the STARTUP-HELP Guidelines, those guidelines must:
(a) nominate at least one, but no more than 2, higher education providers to conduct the pilot (the nom inated higher education providers ); and
(b) prescribe requirements in relation to the conduct of the pilot; and
(c) provide for an independent review of the pilot; and
(d) prescribe requirements in relation to the conduct of the independent review; and
(e) provide that a report of the independent review be tabled in each House of the Parliament.
(3) A higher education provider (other than the nominated higher education providers) must not enrol a person in an *accelerator program course until the pilot is completed.
(4) The pilot must be completed no later than 2 years after the commencement of this section.
(5) For the purposes of subsections (3) and (4), the pilot is completed when the report of the independent review of the pilot is tabled in each House of the Parliament.
(6) For the purposes of entitlement to STARTUP-HELP assistance under subsection 128B-1(1), the pilot is an *accelerator program course.
(1) Schedule 1, item 25, page 22 (after line 25), at the end of Subdivision 128E-B, add:
128E-40 Reversal of STARTUP-HELP assistance: material non-compliance
(1) An amount of *STARTUP-HELP assistance that a person received for an *accelerator program course provided during a period by a higher education provider is reversed if a report of an audit conducted in accordance with subsection (2) finds that there is any material non-compliance with respect to the course provided in the period.
Note: For the consequences if an amount of assistance is reversed, see sections 128D-5, 128D-10 and 137-17. See also paragraph 128B-1(1)(c).
(2) The STARTUP-HELP Guidelines may require higher education providers that provide *accelerator program courses to conduct internal audits, or to arrange for audits, of compliance with the STARTUP-HELP Guidelines with respect to the courses. The Guidelines may prescribe any or all of the following:
(a) circumstances in which audits must be conducted or arranged;
(b) requirements in relation to when and how audits must be conducted or arranged and reported on.
(2) Schedule 1, item 73, page 34 (line 5), at the end of the definition of reversed in subclause 1(1) of Schedule 1, add:
; (f) section 128-40 (provider non-compliance).
(2) The STARTUP-HELP Guidelines may require higher education providers that provide *accelerator program courses to conduct internal audits, or to arrange for audits, of compliance with the STARTUP-HELP Guidelines with respect to the courses. The Guidelines may prescribe any or all of the following:
(a) circumstances in which audits must be conducted or arranged;
(b) requirements in relation to when and how audits must be conducted or arranged and reported on.
The STARTUP-HELP Guidelines—
… require higher education providers that provide accelerator program courses to conduct internal audits, or to arrange for audits, of compliance with the STARTUP-HELP Guidelines with respect to the courses.
… prescribe any or all of the following.
That amendments (1) and (2) moved by Senator David Pocock on sheet 2017 be agreed to.
(1) Page 38 (after line 15), after Schedule 1, insert:
Schedule 1A — Abolishing indexation
Part 1 — HELP debts
Higher Education Support Act 2003
1 Section 129-1
Omit:
Accumulated HELP debt, or the indexation of that debt, may be reduced for certain HELP debtors working in rural, remote or very remote areas (see Divisions 142 and 144).
substitute:
Accumulated HELP debt may be reduced for certain HELP debtors working in rural, remote or very remote areas (see Divisions 142 and 144).
2 Paragraph 140-1(2)(a)
Repeal the paragraph.
3 Subsection 140-5(1)
Omit all the words before the method statement, substitute:
(1) A person's former accumulated HELP debt , in relation to the person's *accumulated HELP debt for a financial year, is the amount worked out using the following method statement.
4 Subsection 140-5(1) (example)
Repeal the example, substitute:
Example: Lorraine is studying part-time for a Degree of Bachelor of Communications. On 1 June 2022, Lorraine had an accumulated HELP debt of $15,000. She incurred a HELP debt of $1,500 on 31 March 2022. She made a voluntary repayment of $525 on 1 May 2023. Lorraine lodged her 2021-22 income tax return and a compulsory repayment amount of $3,000 was assessed and notified on her income tax notice of assessment on 3 September 2022.
To work out Lorraine's former accumulated HELP debt on 1 June 2023:
Step 1: Take the previous accumulated HELP debt of $15,000 on 1 June 2022.
Step 2: Add the HELP debt of $1,500 incurred on 31 March 2022.
Step 3: Subtract the $525 voluntary repayment made on 1 May 2023.
Step 4: Subtract the $3,000 compulsory repayment assessed on 3 September 2022.
Step 5: Does not apply because since 1 June 2022 Lorraine had no amendments to any assessment.
Step 6: Does not apply because since 1 June 2022 Lorraine had no amendments to any assessment.
Lorraine's former accumulated HELP debt on 1 June 2023 is:
($15,000 + $1,500)—($525 + $3,000) = $12,975
5 Sections 140-10, 140-20 and 142-10
Repeal the sections.
6 Section 198-1 (notes 1 and 2)
Repeal the notes, substitute:
Note: Guidelines may provide for amounts to be indexed using the method of indexation set out in this Part.
7 Section 206-1 (table item 2AA)
Repeal the item.
8 Subclause 1(1) of Schedule 1 (definition of HELP debt indexation factor )
Repeal the definition.
9 Application of amendments
(1) The amendments of the Higher Education Support Act 2003 made by this Part apply in relation to the financial year starting on 1 July 2023 and each later financial year.
(2) Despite the repeal of section 142-10 of the Higher Education Support Act 2003 and item 2AA of the table in section 206-1 of that Act by this Part, those provisions continue to apply on and after the commencement of this Part in relation to the indexation of a person's accumulated HELP debt for a financial year starting on or before 1 July 2022, as if the repeals had not happened.
Part 2 — Student start-up loans and student financial supplement scheme
Social Security Act 1991
10 Section 19AA (definition of HELP debt indexation factor )
Repeal the definition.
11 Section 1061ZVEA (paragraph (a) of the paragraph beginning "In stage 1")
Omit the paragraph.
12 Subsection 1061ZVEB(1)
Omit all the words before the method statement, substitute:
(1) A person's former accumulated SSL debt , in relation to the person's accumulated SSL debt for a financial year, is the amount worked out using the following method statement.
13 Subsection 1061ZX(4)
Repeal the subsection.
14 Subsection 1061ZX(6)
Omit "indexed".
15 Section 1061ZZEP
Repeal the section, substitute:
1 061ZZEP How to work out FS debt
The FS debt is the amount outstanding under the contract at the termination date.
16 Subsection 1061ZZER(2) (formula)
Repeal the formula, substitute:
Adjusted accumulated FS debt + Later FS debts
17 Subsection 1061ZZER(3) (definition of indexation factor )
Repeal the definition.
18 Section 1061ZZET
Repeal the section.
19 Subsection 1061ZZEU(3)
Omit "1061ZZET", substitute "1061ZZES".
20 Application of amendments
(1) The amendments of Chapter 2AA of the Social Security Act 1991 made by this Part apply in relation to the financial year starting on 1 July 2023 and each later financial year.
(2) The amendments of Chapter 2B of the Social Security Act 1991 made by this Part apply in relation to working out a person's FS debt or accumulated FS debt at 1 June 2024 and each later 1 June.
Part 3 — ABSTUDY student start-up loans and financial supplement for tertiary students
Student Assistance Act 1973
21 Section 3 (definitions of HELP debt indexation factor andi ndexation amount )
Repeal the definitions.
22 Section 9A (paragraph (a) of the paragraph beginning "In stage 1")
Omit the paragraph.
23 Subsection 9B(1)
Omit all the words before the method statement, substitute:
(1) A person's former ABSTUDY accumulated SSL debt , in relation to the person's accumulated ABSTUDY SSL debt for a financial year, is the amount worked out using the following method statement.
24 Subsection 12A(4)
Repeal the subsection, substitute:
(4) The student is entitled, but not required, to make early repayments above a certain amount in respect of the supplement during the period of the contract. There is a discount, worked out under subsection 12ZA(7) or (7A), for repayments made before the end of that period.
25 Subsection 12A(5)
Omit "indexed".
26 Section 12W
Omit "(including the amount attributable to indexation, which is identified by section 12Y)".
27 Subsection 12X(3) (definition of the amount outstanding ) (formula)
Repeal the formula, substitute:
previous amount outstanding minus (actual repayments + discounts)
28 Subsection 12ZF(1)
Repeal the subsection, substitute:
(1) If, at the end of the contract period in relation to a financial supplement contract between a participating corporation and another person, there was an amount outstanding under the contract, the person incurs on 1 June immediately following the end of that period a debt ( FS debt ) to the Commonwealth.
29 Subsection 12ZF(3) (formula)
Repeal the formula, substitute:
adjusted accumulated FS debt + later FS debts
30 Subsection 12ZF(3) (definition of indexation factor )
Repeal the definition.
31 Subsection 12ZF(6), (7), (7A) and (7B)
Repeal the subsections.
32 Application of amendments
(1) The amendments of Part 2 of the Stude nt Assistance Act 1973 made by this Part apply in relation to the financial year starting on 1 July 2023 and each later financial year.
(2) The amendments of Part 4A of the Student Assistance Act 1973 made by this Part apply in relation to working out a person's FS debt or accumulated FS debt at 1 June 2024 and each later 1 June.
Part 4 — Trade support loans
Trade Support Loans Act 2014
33 Section 5 (definition of index number )
Omit "33", substitute "99A".
34 Section 5 (definition of TSL debt indexation factor )
Repeal the definition.
35 Section 30 (paragraph (a) of the paragraph beginning "In stage 1")
Omit the paragraph.
36 Subsection 31(1)
Omit all the words before the method statement, substitute:
(1) A person's former accumulated TSL debt , in relation to the person's accumulated TSL debt for a financial year, is the amount worked out using the following method statement.
37 Sections 32, 33 and 34
Repeal the sections.
38 Subsection 99(5) (note)
Repeal the note, substitute:
Note: See section 99A for the definition of index number .
39 After section 99
Insert:
99A Index numbers
(1) The index number for a quarter is the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter.
(2) Subject to subsection (3), if, at any time before or after the commencement of this Act:
(a) the Australian Statistician has published or publishes an index number in respect of a quarter; and
(b) that index number is in substitution for an index number previously published by the Australian Statistician in respect of that quarter;
disregard the publication of the later index number for the purposes of this section.
(3) If, at any time before or after the commencement of this Act, the Australian Statistician has changed or changes the index reference period for the All Groups Consumer Price Index, then, in applying this section after the change took place or takes place, have regard only to index numbers published in terms of the new index reference period.
40 Application of amendments
The amendments of the Trade Support Loans Act 2014 made by this Part apply in relation to the financial year starting on 1 July 2023 and each later financial year.
Part 5 — VET student loans
VET Student Loans Act 2016
41 Section 23CA (paragraph (a) of the paragraph beginning "In stage 1")
Omit the paragraph.
42 Subsection 23CB(1)
Omit all the words before the method statement, substitute:
(1) A person's f ormer accumulated VETSL debt , in relation to the person's accumulated VETSL debt for a financial year, is the amount worked out using the following method statement.
43 Subsection 23CB(1) (example)
Repeal the example, substitute:
Example: Lorraine is studying part-time for a Diploma of Early Childhood Education and Care. On 1 June 2022, Lorraine had an accumulated VETSL debt of $15,000. She incurred a VETSL debt of $1,500 on 31 March 2022. She made a voluntary repayment of $525 on 1 May 2023. Lorraine lodged her 2021-22 income tax return and a compulsory VETSL repayment amount of $3,000 was assessed and notified on her income tax notice of assessment on 3 September 2022.
To work out Lorraine's former accumulated VETSL debt on 1 June 2023:
Step 1: Take the previous accumulated VETSL debt of $15,000 on 1 June 2022.
Step 2: Add the VETSL debt of $1,500 incurred on 31 March 2022.
Step 3: Subtract the $525 voluntary repayment made on 1 May 2023.
Step 4: Subtract the $3,000 compulsory repayment assessed on 3 September 2022.
Step 5: Does not apply because since 1 June 2022 Lorraine had no amendments to any assessment.
Step 6: Does not apply because since 1 June 2022 Lorraine had no amendments to any assessment.
Lorraine's former accumulated VETSL debt on 1 June 2023 is:
($15,000 + $1,500)—($525 + $3,000) = $12,975
44 Application of amendments
The amendments of the VET Student Loans Act 2016 made by this Part apply in relation to the financial year starting on 1 July 2023 and each later financial year.
(2) Page 39 (before line 1), before Schedule 2, insert:
Schedule 1B — Raising minimum repayment income and repayment amount
Higher Education Support Act 2003
1 Section 154-10
Repeal the section, substitute:
154-10 Minimum repayment income
The minimum repayment income for an *income year is the *median wage.
Note: Median wage is defined in section 154-11.
154-11 Meaning of median wage
(1) The median wage for an *income year is 52 times the amount set out for the most recent month of August before the start of the income year under the headings "Weekly earnings—Total" in a document by the Australian Statistician entitled "Employee earnings".
(2) If at any time (whether before or after the commencement of this section), the Australian Statistician publishes the amount referred to in subsection (1):
(a) under differently described headings (the new headings ); or
(b) in a document entitled otherwise than as described above in subsection (1) (the new document );
then the median wageis to be calculated in accordance with subsection (1) as if the references to:
(c) "Weekly earnings—Total"; or
(d) "Employee earnings";
were references to the new headings and/or the new document, as the case requires.
(3) If:
(a) the Australian Statistician published the amount (the later amount ) referred to in subsection (1) for a month of August; and
(b) the later amount is published in substitution for such an amount for that month that was previously published by the Australian Statistician or that was applicable because of subsection (7);
the publication of the later amount is to be disregarded for the purposes of this Act.
Determination of amount by Minister
(4) If the Australian Statistician has not published the amount referred to in subsection (1) for a month of August before the end of the first 31 March after that month of August, the Minister may, by legislative instrument, determine an amount for that month of August.
(5) In determining an amount for a month of August under subsection (4), the Minister must make a genuine attempt to determine the amount accurately, taking into account all relevant evidence available to the Minister.
(6) If the Minister determines an amount for a month of August under subsection (4), the Minister must, as soon as practicable, cause to be published, on the Department's website, a statement of reasons explaining the basis on which the Minister determined the amount.
(7) If the Minister determines an amount for a month of August under subsection (4), the amount referred to in subsection (1) for that month is taken to be the amount determined in the instrument under subsection (4) for that month.
Note: The median wage for the first income year to start after that month of August will be 52 times the amount that is taken to be the amount referred to in subsection (1) for the month.
2 Section 154-20 (table)
Repeal the table, substitute:
3 Section 154-25
Repeal the section.
4 Paragraph 154-30(b)
Repeal the paragraph, substitute:
(b) the amounts referred to in the second column of items 1 to 15 in the table in section 154-20;
5 Subclause 1(1) of Schedule 1
Insert:
median wage has the meaning given by subsection 154-11(1).
Social Security Act 1991
6 Subsection 19AB(2) (definition of minimum repayment income )
Repeal the definition, substitute:
minimum repayment income has the same meaning as in theHigher Education Support Act 2003 .
7 Section 1061ZZFB
Repeal the section.
Student Assistance Act 1973
8 Subsection 3(1) (definition of minimum repayment income )
Repeal the definition, substitute:
minimum repayment income has the same meaning as in theHigher Education Support Act 2003 .
9 Section 12ZLA
Repeal the section.
10 Application of amendments
The amendments made by this Schedule apply in relation to the 2024-25 income year and later income years.
Infrastructure Australia Amendment (Independent Review) Bill 2023
Labor … looks forward to working with the Guild to ensure the implementation of the current community pharmacy agreement includes reforms that do not negatively impact on either the viability of community pharmacies or patient's access to community pharmacy services.